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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
House Journal --MONDAY, APRIL 30, 1810.
Mr. Crawford, from the Joint Committee for Enrolled Bills, reported that the committee had examined an enrolled bill, entitled "An act providing for the sale of certain
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lands in the Indiana Territory, and for other purposes," and all enrolled bill, entitled "An act to extend the time for making payment for the public lands of the United States, in certain cases;" and had found the same to be truly enrolled: When,
Mr. Speaker signed the said enrolled bills.
Ordered, That the Clerk of this House do acquaint the Senate therewith.
The Speaker laid before the House a report from the Secretary of the Treasury on the petition of John B. Sarazin and others, referred on the thirtieth ultimo which was read, and ordered to lie on the table.
On motion of Mr. Montgomery, and seconded,
Resolved, That the Secretary of the Treasury be, and he is hereby, directed to lay before this House, at the next session of Congress, a general statement of the annual receipts and expenditures of the United States, from the commencement of this Government, to the end of the year one thousand eight hundred and nine, including the sums obtained on loan in Holland, and which have been applied in Europe, and do not appear among the receipts and expenditures of the Treasury; and shewing the several sums respectively paid each year, on account of the principal of the public debt, of the interest on the same, and of each other general branch of expenditure.
Ordered, That Lewis Garanger and Joseph Defort have leave to withdraw their respective petitions.
The Speaker laid before the House a report from the Postmaster General, in obedience to a resolution of the House of the twenty-fifth instant, exhibiting a substantially correct view of the Post office Establishment, from the commencement of the year one thousand seven hundred and eighty-nine, to the first of October, one thousand eight hundred and nine; which was read, and ordered to lie on the table.
Mr. Brown presented to the House certain proceedings of the Legislature of the State of Maryland, disapproving of an amendment proposed by the State of Massachusetts to the Constitution of the United States, limiting the duration of any act laying an embargo within the United States.
Mr. Findley, from the Committee of Elections, made the following report, which was read:
"The Committee of Elections having duly examined the returns of election, and the documents accompanying them, of the following members, report that they are sufficient to entitle them to their seats in this House, to wit:
FROM PENNSYLVANIA.
Adam Seybert, to serve in the place of Benjamin Say, resigned.
FROM VIRGINIA.
David S. Garland, to serve in the place of Wilson C. Nicholas, resigned.
FROM NORTH CAROLINA.
James Holland.
FROM OHIO.
Jeremiah Morrow."
A motion was made by Mr. Pitkin, and seconded, that the House do come to the following resolution:
Resolved, That the President of the United States be requested to cause to be laid before this House copies of any communications made on the part of the United States, in answer to the official note of the twenty-second of August, A.D. one thousand eight hundred and nine, from the French Minister to General Armstrong; and of any communications that may have been made to our Minister at London, on the part of the British Government, in answer to any note presented by him, in pursuance of instructions given on the twenty-third day of November, A.D. one thousand eight hundred and nine; also, of the answers which may have been given to any propositions or overtures made on the part of the United States to the Governments of Great Britain and France, respecting any of the orders and decrees allotting neutral commerce, and which have not heretofore been communicated, and do not require secresy:
And on the question that the House do agree to the same,
The yeas and nays being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
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Those who voted in the negative, are,
Ordered, That Mr. Pitkin and Mr. M'Bryde be appointed a committee to present the above resolution to the President of the United States.
The bill from the Senate, entitled "An act in addition to an act, entitled 'An act concerning the Library for the use of both Houses of Congress," was read the third time:
And on the question that the same do pass,
The yeas and yeas being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
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Those who voted in the negative, are,
Ordered, That the Clerk of this House do acquaint the Senate therewith.
An engrossed bill further to alter and amend "An act providing for the third census or enumeration of the inhabitants of the United States," was read the third time: When,
The same was, by unanimous consent, amended at the Clerk's table, and, as amended, ordered to be engrossed, and read the third time to-morrow.
The House proceeded to consider the amendment made by the Committee of the Whole House to the bill from the Senate, entitled "An act to erect a light-house at the entrance of Scituate Harbor, a stone column on a spit of land at the entrance into Boston Harbor, and a beacon on Beach Point, near Plymouth Harbor, in the State of Massachusetts; a light at the entrance of Bayou St. John, in to Lake Pontchartrain; and two lights on Lake Erie;" and the same being twice read at the Clerk's table, was concurred in by the House.
The said bill was then farther amended at the Clerk's table, and the amendments ordered to be engrossed, and, together with the bill, read the third time to-day.
A message from the Senate, by Mr. Otis, their Secretary:
Mr. Speaker: The Senate have passed a bill, entitled "An act providing for the final adjustment of claims to lands in the territories of Orleans and Louisiana"; and a bill, entitled "An act appropriating a sum of money for procuring clothing for the army and the marine corps, and for other purposes;" to which they desire the concurrence of this House. They have rejected the bill from this House, entitled "An act for the relief of Amy Darwin, widow and representative of David Darwin, deceased." And then be withdrew.
Mr. Crawford, from the Joint Committee for Enrolled Bills, reported that the committee
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had examined an enrolled bill, entitled "An act in addition to an act, entitled 'An act concerning the Library for the use of both Houses of Congress," and had found the same to be truly enrolled: When,
Mr. Speaker signed the said enrolled bill.
Ordered, That the Clerk of this House do acquaint the Senate therewith.
The House proceeded to consider the amendments of the Senate to the bill, entitled "An act concerning commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes:" When,
The first and second of the said amendments were concurred in by the House.
Two motions were made by Mr. Key, and the questions being taken to amend the third amendment by striking out the word "pacific," before "intercourse," and to insert between the words "of" and "carrying," the words "bringing her within or:"
It was determined in the negative.
The third amendment was then concurred in by the House.
The fourth amendment being then read in the words following:
"Strike out the third and fourth sections, and adopt the following as the fourth section:
"Sec. 4. And be it further enacted, That the President of the United States be, and he hereby is, authorized, when he may deem it expedient, to employ the public armed vessels in protecting the commerce of the United States, and issue instructions which shall be conformable to the laws and usages of nations, for the government of the ships which may be employed in that service."
A division of the question on the said fourth amendment was called for by Mr. Bibb: When,
A motion was made by Mr. Van Horn, sad seconded, that the said bill and amendments be postponed indefinitely:
And the question being taken thereon,
The yeas and nays being demanded by one.fifth of the members present,
Those who voted in the affirmative, are,
Those who voted in the negative, are,
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The question was then taken on the first member of the said fourth amendment, which proposes to strike out the third section of the bill,
And resolved in the affirmative.
The question was then taken on the second member of the said fourth amendment, which proposes to strike out the fourth section of the bill,
The yeas and nays being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
Those who voted in the negative, are,
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A motion was made by Mr. Randolph, and the question being taken, that the said bill do lie on the table,
It was determined in the negative.
A motion was made by Mr. Gholson, and seconded, to amend the amendments of the Senate, by striking out the third of the said amendments, which proposes to insert a new section as the second section of the bill, for the purpose of inserting another section: When,
Mr. Speaker determined that the said proposed amendment was not in order, as the substitute proposed to be inserted was before a Committee of the Whole House.
From which decision of the chair Mr. Gholson appealed.
And the question being then taken, "Is the decision of the Chair correct?"
It was resolved in the affirmative.
A motion was then made by Mr. Gholson, and the question being taken, to amend the section proposed by the Senate in lieu of the third and fourth stricken out, by striking out from the said section the words "when he may deem it expedient," for the purpose of inserting "forthwith."
It was determined in the negative.
The question was then taken to concur in the said proposed section:
The yeas and nays being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
Those who voted in the negative, are,
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A motion was then made by Mr. Gholson, and seconded, to amend the amendments by inserting, in lieu of the said section proposed by the Senate, the following:
"And be it further enacted, That merchant vessels of the United States, owned wholly by a citizen or citizens thereof, laden wholly with articles of the growth, produce, or manufacture, of the United States, owned wholly by a citizen or citizens thereof, navigated wholly by citizens of the United States; not having on board implements of war, and bound to any port or place not actually blockaded, with which intercourse shall be prohibited by the decrees or orders of the Governments of Great Britain or France, shall be entitled to protection by convoy.
"And be it further enacted, That the President of the United States shall be, and be is hereby, authorized, on the application of a citizen or citizens of the United States, to employ the public armed vessels of the United States, in convoying and protecting merchant vessels of the United States, owned wholly by a citizen or citizens thereof; laden wholly with articles of the growth, produce, or manufacture of the United States, owned wholly by a citizen or citizens thereof; navigated wholly by citizens of the United States; not having on board implements of war, and bound to any port or place not actually invested, with which intercourse shall be prohibited by the decrees or orders of the Governments of Great Britain or France.
"And the President of the United States is hereby authorized to instruct the Commanders of the public armed vessels of the United States to oppose and defend against any search, restraint, or seizure, which shall be attempted upon vessels sailing under convoy, by the commander or crew of any armed vessel, and to repel by force any assault or hostility which may be committed by such. armed vessel pursuing such attempt, and to subdue and capture the same.
"And be it further enacted, That any armed vessel, which shall be captured in consequence of search, restraint, or seizure, which shall be attempted upon vessels under convoy, shall be considered lawful prize, and may be condemned in any Court of the United States, having competent jurisdiction; and the proceeds arising from the sale of such prize, shall be distributed in conformity to the provisions of the act for the better government of the navy of the United States.
"And be it further enacted, That, after notice of this act at the several Custom Houses, it shall be the duty of the Collectors, and they are hereby required to refuse a clearance to any merchant vessel bound under convoy to any port or place with which intercourse shall be prohibited by the decrees or orders of the Governments of Great Britain or France, unless satisfactory proof shall be exhibited that the cargo of such vessel consists wholly of articles of the growth, produce, or manufacture, of the United States; that the vessel and cargo are owned wholly by a citizen or citizens thereof; that the vessel is navigated wholly by citizens of the United States; and the no part of the cargo consists of implements of war. And it shall be the duty of the Collector to annex to the clearance granted, a certificate stating that the vessel and cargo are owned wholly by a citizen or citizens of the United States; that the vessel is navigated wholly by citizens of the United States; that the cargo consists wholly of articles of the growth, produce, or manufacture, of the United States; and that implements of war constitute no part of the cargo.
"And be it further enacted, For the better regulation of the conduct of the Collectors at the several ports, that the terms 'implements of war,' used in this act, shall be considered as including the following articles, and no other, viz: saltpetre, sulphur, pikes, swords, sword belts, knapsacks, saddles, and bridles, cannons, mortars, fire arms, bombs, grenades, bullets, fire locks, flints, matches, and gunpowder.
"And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to establish suitable instructions in conformity with the provisions of this act, for the regulation of the conduct of the Collectors and Naval Officers at the several ports, and of the Officers of the Navy employed in convoying merchant vessels bound to ports or places with which intercourse shall be prohibited by the decrees or orders of the Governments of Great Britain or France.
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"And be it further enacted, That, whenever the decrees and orders of the Governments of Great Britain and France, violating the lawful commerce and neutral rights of: the United States, shall be withdrawn, or so modified as that they shall cease to violate the neutral commerce of the United States, the powers vested in the President of the United States by this act, shall cease and determine. And, in the event of a withdrawal of the decrees and orders of only one of the belligerents, the President of the United States shall continue to employ the public armed vessels in protecting by convoy (in conformity to the provisions of this act) the lawful commerce of the United States against the Power continuing in force its decrees or orders." When,
Mr. Speaker determined that the said proposed, amendment was not in order.
The question recurred on the fifth amendment: When,
An adjournment was called for: On which,
The several orders of the day were farther postponed until to-morrow.
And the House adjourned until to-morrow morning ten o'clock.
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