JANUARY, 1808. Case of Mr. John Smith, Senator from Ohio. untary testimony. The committee thought, that, under the peculiar circumstances of the case, if a witness were to be discredited, it would be proper to give him previous notice. SENATE. and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized 'to compel the attendance of absent members, in 'such manner and under such penalties as each 'House may provide." In this case they are vested with judicial powers so far as relates to enforcing the attendance of members. But what is the next clause? "Each House may determine the rules of its proceedings, punish its members for Mr. GILES said he was not ready at present to decide on the power of the Senate to summon a witness. But he would remark that, in a similar case, it had been thought necessary by the other House to have an express law passed. He alluded to the provision for summoning witnesses in the case of a contested election. For these and va-disorderly behaviour, and, with the concurrence rious other considerations, Mr. G. thought the course designated by the committee the best that could be pursued in this case. Mr. POPE said that the inconveniences attending the course suggested by him could not be so great as gentlemen imagine. In ordinary criminal cases, the expenses of the accused were not paid by the public. So in this case, if Mr. SMITH brought forward his witnesses, the Senate would not be bound to defray their expenses. ' of two-thirds, expel a member." If in this case the Constitution meant to confer a judicial power to summon witnesses, it would have said so. The question was then taken by yeas and nays on the resolution, which was disagreed to, as follows: ering, Pope, Smith of Maryland, and White-7. NAYS-Messrs. Adams, Anderson, Bradley, Condit, THURSDAY, January 21. The Senate resumed the motion, made on the 11th instant, The claim of Mr. SMITH, as well as that of every person accused before this body, to have his expenses reimbursed, must depend on our justice and sound discretion. If we have power to inquire into any fact not coming within our own view, we certainly ought to pursue that course of investigation that is best calculated to produce a correct result. Mr. P. added, that he had, as one of the committee, consented to propose a resolution for the expulsion of Mr. SMITH, but was de- "That a committee be apppointed, with leave to resirous of having the witnesses named in the reso-port by bill or otherwise, and instructed to inquire at lution examined at the bar of this House before a what period the present embargo can, consistently with final decision. He therefore hoped that the reso- the public interest, be removed; and whether, in what lution would be adopted, although, from the gen- manner, and to what extent, upon its removal, the eral opposition which had been discovered to this merchant vessels of the United States shall be permitmode of procedure, he had but little reason to ted, in defence of their lawful commerce, to be armed against and to resist foreign aggressions;" expect it. Mr. FRANKLIN said a few words against the resolution, which was heard too indistinctly to report. And on the question to agree to this motion, it was determined in the negative. Ordered, That the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, within the District of Columbia," be the order of the day for to-morrow. Mr. ANDERSON said that much pains had been taken to assimilate the powers of the Senate in the present case to those exercised in the case of an impeachment. In cases of impeachment, it The bill to extinguish the claims of the United would however be recollected, that it had invaria-States to certain balances reported to be due from bly been found necessary to pass special rules, and several of the States to the United States, by the among them one prescribing the form of a sum- Commissioners appointed to settle the accounts mons or subpœna. Nor did he believe that, in of the individual States with the United States, the present instance, they could adopt the resolu- was taken up for a third reading. tion offered by the gentleman from Kentucky, without afterwards determining the form of the summons. Under the proceedings of courts of justice particular writs were provided for particular cases. But this was not the case in the Senate. No rule was prescribed for the Secretary. If he then was not competent to fixing the form, was the President? No. As his power was altogether derivative, the Senate alone was competent. But, Mr. A. said, he denied that the Senate in this case had any such power; for he could not consider them, in such a case, as acting in a judicial capacity. The Constitution says: "Each House shall be the judge of the elections, returns, and qualifications of its own members; 10th CoN. 1st SESS.-4 On motion, by Mr. ADAMS. to postpone the further consideration of this bill to the first Monday in December next, it was determined in the affirmative-yeas 17, nays 16, as follows: YEAS-Messrs. Adams, Condit, Crawford, Gaillard, Giles, Gilman, Howland, Kitchel, Mathewson, Milledge, Moore, Parker, Pickering, Robinson, Smith of Tennessee, Sumter, and Thruston. NAYS-Messrs. Anderson, Bayard, Bradley, Franklin, Goodrich, Gregg, Hillhouse, Maclay, Mitchell, Pope, Reed, Smith of Maryland, Smith of New York, Tiffin, Turner, and White. FRIDAY, January 22. The Senate resumed the third reading of the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia ;" and on the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 18, nays 14, as follows: YEAS-Messrs. Bayard, Bradley, Condit, Crawford, Franklin, Gaillard, Gilman, Goodrich, Howland, Kitchel, Mathewson, Milledge, Moore, Pope, Robinson, Smith of Tennessee, Turner, and White. NAYS-Messrs. Adams, Anderson, Giles, Gregg, Hillhouse, Maclay, Mitchill, Parker, Pickering, Reed, Smith of Maryland, Smith of New York, Sumter, and Thruston, SATURDAY, January 23. The Senate assembled, and a quorum not attending, adjourned. MONDAY, January 25. Mr. TIFFIN called up the motion made on the 5th of November last, for an amendment to the Constitution of the United States. Ordered, That this motion be referred to Messrs. TIFFIN, ROBINSON, GILES, ADAMS, and ANDERSON, to consider and report thereon. Mr. ROBINSON Submitted the instructions of the Legislature of the State of Vermont, to the Senators in Congress, on this subject; which were read, and referred to the same committee. Mr. SMITH of Maryland, from the committee to whom was referred, on the 20th instant, the bill, entitled "An act making appropriations for the support of Government during the year 1808," reported the bill with amendment. The PRESIDENT Communicated the report of the Secretary of War, made in compliance with the fifth section of the "Act to regulate and fix the compensation of clerks, and to authorize the laying out of certain public roads, and for other purposes;" which was read, and ordered to lie for consideration. Agreeably to the order of the day, the Senate resumed the consideration of the amendments reported by the committee to the bill, entitled "An act to incorporate the Trustees of the Baptist Church, in the city of Washington." Ordered, That the further consideration of this bill be postponed until to-morrow. The PRESIDENT communicated a letter from James Taylor, requesting compensation as a witness in the case of John Smith of Ohio: which was read, and referred to Messrs. ADAMS, ANDERSON, and TIFFIN, to consider and report thereon. TUESDAY, January 26. Ordered, That the amendments to the bill, entitled "An act to incorporate the Trustees of the Baptist Church in the city of Washington," be postponed until to-morrow. The Senate resumed, as in Committee of the Whole, the amendment reported by the select committee, to the bill, entitled "An act making appropriations for the support of Government during the year 1808," which was agreed to, and a further amendment was proposed. JANUARY, 1808. Ordered, That the further consideration of this bill be postponed until to-morrow. Mr. REED, from the committee to whom was referred, on the 28th of December last, the petition of Bartholomew Berry, a wounded soldier in the Revolutionary war, asked and obtained leave to bring in a bill to revive and continue in force the 19th section of an act, entitled "An act to ascertain and fix the Military Establishment of the United States," and to extend the provisions thereof. And the bill was read, and ordered to the second reading. WEDNESDAY, January 27. The bill to revive and continue in force the 19th section of an act, entitled "An act to ascertain and fix the Military Establishment of the United States," and to extend the provisions thereof, was read a second time. On the question, Shall this bill be engrossed and read the third time? it was determined in the affirmative. Mr. ADAMS, from the committee to whom was referred, on the 25th instant, the letter of James Taylor, asked and obtained leave to bring in a bill to provide for the payment of certain expenses incurred in the inquiry into the conduct of JOHN SMITH, a Senator from the State of Ohio; which was read, and ordered to the second reading. Mr. ADAMS gave notice, that he should to-morrow ask leave to bring in a bill to revive and continue certain causes and proceedings in the dis trict court of the District of Columbia. The Senate resumed, as in Committee of the Whole, the amendments reported by the select Committee to the bill, entitled "An act making appropriations for the support of Government during the year 1808;" and the President reported it to the House amended. Ordered, That this bill pass to the third reading as amended. The Senate resumed, as in Committee of the Whole, the amendments reported by the select committee to the bill, entitled "An act to incorporate the Trustees of the Baptist Church in the city of Washington." Ordered, That the bill, together with the said amendments, be recommitted to Messrs. MILLEDGE, ROBINSON, and MACLAY, further to consider and report thereon. THURSDAY, January 28. A Message from the House of Representatives announced to the Senate the death of EZRA DARBY, Esq., a representative from the State of New Jersey, and that his remains will be interred to-morrow, at 12 o'clock. On motion, by Mr. CONDIT, Resolved, That the Senate will attend the funeral of EZRA DARBY, Esq., late a member of the House of Representatives, to-morrow, at 12 o'clock. The bill to provide for the payment of certain expenses incurred in the inquiry into the conduct of JOHN SMITH, a Senator from the State of Ohio, was read the second time; and, on the question Shall this bill be engrossed and read the third time? it was determined in the affirmative. Agreeably to notice given yesterday, Mr. ADAMS asked and obtained leave to bring in a bill to revive and continue certain causes and proceedings in the district court of the District of Columbia; and the bill was read, and ordered to the second reading. The bill to revive and continue in force the nineteenth section of an act, entitled "An act to ascertain and fix the Military Establishment of the United States, and to extend the provisions thereof," was read the third time and passed. The bill, entitled "An act making appropriations for the support of Government, during the year 1808," was read the third time as amended. Resolved, That this bill pass as amended. FRIDAY, January 29. The Senate went into the consideration of Executive business, and then adjourned. MONDAY, February 1. The bill to revive and continue certain causes and proceedings in the district court of the District of Columbia was read the second time. On the question, Shall this bill be engrossed and read the third time? it was determined in the affirmative. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States: The Senate having advised and consented to the ratification of the treaty with the Ottaways, Chippeways, Wyandots, and Pottawatomies, concluded at Detroit, on the 17th day of November last; and, also, to the treaty concluded with the Choctaws at Pooshapukanuck, on the 16th of November, 1805, I now lay them before both Houses of Congress for the exercise of their Constitutional powers as to the means of fulfilling them. JANUARY 30, 1808. TH. JEFFERSON. The Message was read, and ordered to lie for consideration. The bill to provide for the payment of certain expenses incurred in the inquiry into the conduct of JOHN SMITH, a Senator from the State of Ohio, was read the third time and passed. CLAIM OF THOMAS PAINE. The PRESIDENT Communicated an address, signed Thomas Paine, stating his claim on the United States for services rendered during the Revolutionary war, and his title to remuneration. The address was read, and is as follows: NEW YORK, January 21, 1808. To the honorable the Senate of the United States: The purport of this address is to state a claim I feel myself entitled to make on the United States, leaving it to their Representatives in Congress to decide on its worth and its merits. The case is as follows: Towards the latter end of the year 1780, the Continental money had become so depreciated (a paper dollar not being more than a cent) that it seemed next to impossible to continue the war. As the United States were then in alliance with France, SENATE. it became necessary to make France acquainted with our real situation. I therefore drew up a letter to Count de Vergennes, stating undisguisedly the true case, and concluding with the request whether France could not, either as a subsidy or a loan, supply the United States with a million sterling, and continue that supply, annually, during the war. I showed the letter to Mr. Marbois, Secretary to the lion sent out of the nation exhausted it more than ten French Minister. His remark upon it was, that a milmillions spent in it. I then showed it to Mr. Ralph Izard, member of Congress from South Carolina. He borrowed the letter of me, and said, "We will endeavor to do something about it in Congress." Accordingly, Congress appointed Colonel John Laurens, then aid to General Washington, to go to France and make a representation of our situation, for the purpose of obtaining assistance. Colonel Laurens wished to decline the mission, and that Congress would appoint Colonel Hamilton; which Congress did not choose to do. Colonel Laurens then came to state the case to me. He said he was enough acquainted with the military difficulties of the Army, but that he was not enough acquainted with political affairs, nor with the resources of the country, to undertake the mission; "but, said he, "if you will go with me, I will accept it;" which I agreed to do, and did do. We sailed from Boston in the Alliance frigate, Captain Barry, the beginning of February, 1781, and arrived at L'Orient the beginning of March. The aid obtained from France was six millions of livres as a present, and ten millions as a loan, borrowed in Holland, on the security of France. the first of June, and arrived at Boston on the 25th of We sailed from Brest in the French Resoulue frigate August, bringing with us two millions and a half of livres, in silver, and convoying a ship and a brig laden with clothing and military stores. The money was transported with sixteen ox teams to the National Bank at Philadelphia, which enabled the army to move to Yorktown to attack, in conjunction with the French army under Rochambeau, the British army under Cornwallis. As I never had a cent for this service, I feel myself entitled, as the country is now in a state of prosperity, to state the case to Congress. phlet Common Sense, published the beginning of JanAs to my political works, beginning with the pamuary, 1776, which awakened America to a declaration of independence, as the President and Vice President both know, as they were works done from principle, I cannot dishonor that principle by asking any reward for them. The country has been benefited by them, and I make myself happy in the knowledge of it. It is, however, proper for me to add, that the mere independence of America, were it to have been followed by a system of government modelled after the corrupt system of the English Government, it would not have interested me with the unabated ardor it did. It was to bring forward and establish the representative system of government, as the work itself will show, that was the leading principle with me in writing that work, and all my other works, during the progress of the Revolution. And I followed the same principle in writing the Rights of Man, in England. There is a resolve of the old Congress, while they sat at New York, of a grant of three thousand dollars to The resolve is put in handsome language, but it has relation to a matter which it does not express. El me. bridge Gerry was chairman of the committee who brought in the resolve. If Congress should think proper to refer this memorial to a committee, I will inform that committee of the particulars of it. I have also to state to Congress, that the authority of the old Congress was become so reduced towards the latter end of the war, as to be unable to hold the States together. Congress could do no more than recommend, of which the States frequently took no notice; and when they did, it was never uniformly. After the failure of the five-per-cent. duty, recommended by Congress, to pay the interest of a loan to be borrowed in Holland, I wrote to Chancellor Livingston, then Minister for Foreign Affairs, and Robert Morris, Minister of Finance, and proposed a method for getting over the whole difficulty at once; which was, by adding a Continental Legislature to Congress, who should be empowered to make laws for the Union, instead of recommending them; so the method proposed met with their full approbation. I held myself in reserve, to take the subject up whenever a direct occasion occurred. In a conversation afterwards with Governor Clinton, of New York, now Vice President, it was judged that, for the purpose of my going fully into the subject, and to prevent any misconstruction of my motive or object, it would be best that I received nothing from Congress, but leave it to the States, individually, to make me what acknowledgment they pleased. FEBRUARY, 1808. and proceedings in the district court of the District of Columbia was read the third time and passed. WEDNESDAY, February 3. The bill, entitled "An act to erect a light-house on Point Judith, in the State of Rhode Island," was read the second time, and referred to Messrs. MATHEWSON, GILMAN, and ADAMS, to consider and report thereon. The bill, entitled "An act making appropriations for the support of the Navy of the United States during the year 1808" was read the second time, and referred to Messrs. SMITH of Maryland, ADAMS, and SUMTER, to consider and report thereon. The PRESIDENT communicated an application, signed B. Henry Latrobe, respecting the avenue to the gallery of the Senate Chamber; which was read, and referred to Messrs. MITCHILL, ADAMS, and PICKERING, to consider and report thereon. On motion by Mr. ADAMS, Resolved, That the report of the Secretary of the Treasury, on the subject of drawbacks on exportation, made on the 13th of January, pursuant to a resolution of the Senate of the 3d of March last, be referred to a special committee, with leave to report by bill or other wise. GILMAN, be the committee. The State of New York made me a present of a farm, which, since my return to America, I have found it necessary to sell; and the State of Pennsylvania voted The Senate proceeded to consider the resolume five hundred pounds, their currency. But none of the States to the east of New York, or the south of Phil- tion of the House of Representatives disagreeing adelphia, ever made me the least acknowledgment. to their amendment to the bill, entitled "An act They had received benefits from me, which they accept-making appropriations for the support of Governed, and there the matter ended. This story will not tell ment during the year 1808." Whereupon, well in history. All the civilized world know I have Resolved, That they recede from their said been of great service to the United States, and have gen- amendment. erously given away talent that would have made me a fortune. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to erect a light-house on Point Judith, in the State of Rhode Island;" also. a bill, entitled "An act making appropriations for the support of the Navy of the United States during the year 1808;" in which bills they request the concurrence of the Senate. And that the House of Representatives disagree to the amendment of the Senate to the bill, entitled "An act making appropriations for the support of Government during the year 1808." The two bills last brought up for concurrence were read, and ordered to the second reading. The bill to revive and continue certain causes to On motion, by Mr. ANDERSON: Resolved, That a committee be appointed to take inconsideration the claims of sundry persons, which claims have been derived under the State of North Carolina, to certain lands lying within the State of Tennessee, and within the Congressional reservation south and west of a line described in the first section of an act, entitled "An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same;" and that the committee have leave to report by bill or otherwise. Ordered, That Messrs. ANDERSON, Bradley, and ADAMS, be the committee. THURSDAY, February 4. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States : Having received an official communication of certain orders of the British Government against the maritime rights of neutrals, bearing date the 11th of November, 1807, I transmit them to Congress, as a further proof of the increasing dangers to our navigation and commerce, which led to the provident measure of the act of the present session, laying an embargo on our own TH. JEFFERSON. vessels. FEBRUARY 2, 1808. The Message and papers accompanying it were read, and referred to Messrs. SMITH, of Maryland, ADAMS, ANDERSON, BRADLEY, and GREGG, the committee to whom were referred, on the 18th of December last the Message and communications from the President of the United States, of that date, to consider and report thereon. FRIDAY, February 5. Mr. MITCHILL presented the several petitions of Isaac Clason and James Creighton, merchants, of the city of New York, stating that, through unavoidable casualties, they were deprived of the benefit of drawback on certain goods exported according to law, and praying relief; and the petitions were read and severally referred to the committee appointed on the 3d instant, on the report of the Secretary of the Treasury of the 13th of January last, to consider and report thereon. Mr. SMITH, of Maryland, from the committee to whom was referred, on the 3d instant, the bill entitled "An act making appropriations for the support of the Navy of the United States during the year 1808," reported the bill without amend ment. Ordered, That this bill pass to a third reading. The PRESIDENT communicated the report of the Commissioners of the Sinking Fund, stating the measures which have been authorized by the Board, subsequent to their report of the 5th of February, 1808, so far as the same have been completed, are fully detailed in the report of the Secretary of the Treasury to this Board, dated the fourth day of the present month, and in the statements therein referred to, which are therewith transmitted, and prayed to be received as part of their report. And the report was read and ordered to lie for consideration. SENATE. of Georgia to sundry companies, lying in the waters of the Tennessee, Tombigbee, and Missis sippi rivers, praying that provision may be made by law, to enable them to bring their claims before the Supreme Court of the United States, in order that a definitive judgment may be obtained thereon, or that an equitable compensation be made to them by agreement, arbitration, or otherwise; and, on the question, Shall the memorial be read? it was determined in the affirmativeyeas 22, nays 3, as follows: YEAS-Messrs. Adams, Anderson, Bayard, Bradley, Condit, Gaillard, Gilman, Goodrich, Gregg, Hillhouse, Howland, Kitchel, Mitchill, Parker, Pickering, Pope, Reed, Robinson, Smith of Maryland, Smith of Tennessee, Sumter, and Tiffin. NAYS-Messrs. Crawford, Milledge, and Moore. MONDAY, February 8. The bill for the punishment of treason, and other crimes and offences against the United States, was read the second time. On motion, it was agreed that this bill be the order of the day for Thursday next. Mr. GREGG presented the petition of General Arthur St. Clair, stating that he had advanced money for the recruiting service during the Revolutionary war, and praying reimbursement; and the petition was read and referred to Messrs. GREGG, BRADLEY, and SUMTER, to consider and report thereon. The bill, entitled "An act making appropriations for the support of the Navy of the United States during the year 1808," was read the third time and passed. The bill, entitled "An act to erect a light-house on Point Judith, in the State of Rhode Island," was read the third time and passed. TUESDAY, February 9. Mr. MITCHILL, from the committee to whom was referred, on the 3d instant, the letter of B. Henry Latrobe, respecting the avenue to the gallery of the Senate Chamber, reported that it is not Mr. MILLEDGE gave notice, that he would toexpedient for the Senate to make any order there-morrow ask leave to bring in a bill for erecting a on; and the report was adopted. light-house on the south point of the island of Sapelo, in the State of Georgia. Mr. GILES, from the committee to whom was referred, on the 16th January, so much of the Message of the President of the United States, communicated to Congress on the 27th of October last, as relates to the defects in the penal laws of the United States, with leave to report by bill or otherwise, reported in part a bill for the punishment of treason and other crimes and offences against the United States; and the bill was read and ordered to the second reading. WEDNESDAY, February 10. Agreeably to notice given yesterday, Mr. MILLEDGE asked and obtained leave to bring in a bill for erecting a light-house and placing buoys at the places therein mentioned; and the bill was read, and ordered to the second reading. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Mr. MATHEWSON, from the committee to whom was referred, on the 3d instant, the bill, entitled Representatives of the United States: "An act to erect a light-house on Point Judith, in I communicate to Congress, for their information, a the State of Rhode Island," reported the bill with-letter from the person acting in the absence of our out amendment. Ordered, That this bill pass to a third reading. Mr. MITCHILL presented the memorial and petition of Daniel Ludlow and others, purchasers, at different times and prices, of large tracts of land, within the limits of the lands granted by the State Consul at Naples, giving reason to believe, on the affidavit of a Captain Sheffield, of the American schooner Mary Ann, that the Dey of Algiers has commenced war against the United States. For this no just cause has been given on our part within my knowledge. We may daily expect more authentic and particular infor |