SENATE. Proceedings. DECEMBER, 1807. itary Peace Establishment of the United States," reported the bill without amendment. act to change the name of the district of Bidde-mentary to an act, entitled "An act fixing the Milford and Pepperelborough, in Massachusetts, to that of Saco," reported it without amendment. On the question, Shall it be read a third time? it was determined in the affirmative. WEDNESDAY, December 9. WILLIAM H. CRAWFORD, appointed a Senator by the Legislature of the State of Georgia, to fill the vacancy occasioned by the death of Abraham Baldwin, attended and produced his credentials, which were read, and the oath prescribed by law Mr. MOORE, from the committee to whom was recommitted, on the 9th instant, the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, within the District of Columbia," reported an amendment; which was read, and ordered to lie for consideration. And on motion, the Senate adjourned. MONDAY, December 14. Mr. ADAMS presented the memorial of the merchants and others, of the town of Boston, praying some modification, suspension, or repeal, of the of certain goods, wares, and merchandise," passed act, entitled "An act to prohibit the importation the 18th day of April, 1806, so as to conform it to The Senate resumed the second reading of the the existing circumstances of the United States; bill supplementary to an act, entitled "An act fix- and the memorial was read and referred to Messrs. ing the Military Peace Establishment of the Unit-SMITH, of Maryland, ADAms, Sumter, Gregg, and GILMAN, to consider and report thereon. was administered to him. ed States." Ordered, That this bill be recommitted to the original committee, consisting of Messrs. POPE, SMITH of Maryland, and BRADLEY, further to consider and report thereon. The Senate resumed the amendments, reported by the select committee, to the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, within the District of Columbia." Ordered, That the bill and amendments be recommitted to the committee who reported them, further to consider and report thereon. The bill, entitled "An act to change the name of the district of Biddeford and Pepperelborough, in Massachusetts, to that of Saco," was read the third time, and passed. The Senate took into consideration the motion made on the 4th instant, that the Secretary of the Senate do engage an additional engrossing clerk; and disagreed thereto. THURSDAY, December 10. The several committees not having perfected their reports, the Senate adjourned. FRIDAY, December 11. Mr. MITCHILL, from the committee to whom was referred, on the 3d instant, the bill, entitled "An act extending the right of suffrage in the Mississippi Territory, and for other purposes," reported it without amendment. Ordered, That the further consideration of this bill be the order of the day for Thursday next. The Senate resumed, as in Committee of the Whole, the second reading of the bill making an appropriation for the more effectual defence of the ports and harbors of the United States; and ordered that the further consideration thereof be postponed to Monday next. Mr. POPE, from the committee to whom was recommitted, on the 9th instant, the bill supple On motion to refer the memorial of the mer chants and others, of the city of Philadelphia, presented on the 27th of November last, to the same committee, it was determined in the affirmativeyeas 16, nays 13, as follows: YEAS-Messrs. Adams, Anderson, Bradley, Crawford, Condit, Goodrich, Gregg, Hillhouse, Howland, Maclay, Mathewson, Pickering, Smith of New York, Sumter, Turner, and White. NAYS-Messrs. Gaillard, Gilman, Kitchel, Milledge, Mitchill, Moore, Parker, Pope, Robinson, Smith of Maryland, Smith of Tennessee, Thruston, and Tiffin. Mr. GREGG, from the committee to whom was referred, on the 27th November last, the bill entitled, "An act authorizing the purchase of certain copies of the Journals of Congress," reported the bill with amendments; which were rend. Ordered, That the bill making an appropriation for the more effectual defence of the ports and harbors of the United States be postponed. The Senate resumed, as in Committee of the Whole, the second reading of the bill supplementary to an act, entitled "An act fixing the Military Peace Establishment of the United States; and the bill having been amended, was reported to the House accordingly. On the question, Shall the 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 the bill, entitled "An act to appropriate money for the construction of an additional number of gunboats," with amendments, in which they request the concurrence of the Senate. The Senate resumed, as in Committee of the Whole, the consideration of the amendment reported by the select committee, to the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia ;" and the report of the select committee having been amended, was agreed to; and, after debate, the Senate adjourned. On motion by Mr. BRADLEY, Resolved, That a committee be appointed to inquire whether any, and what, further provisions are necessary in addition to, and alteration of, an act, entitled "An act to establish the judicial courts of the United States," with leave to report by bill or otherwise; and, Resolved, That Messrs. BRADLEY, ANDERSON, and GREGG, be the committee. The Senate resumed the second reading of the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia." Ordered, That the further consideration thereof be postponed. FRIDAY, December 18. SENATE. The following Message was received from the Representatives of the United States: The communications now made, showing the great and increasing dangers with which our vessels, our seamen, and merchandise, are threatened on the high seas and elsewhere, from the belligerent Powers of Europe, and it being of the greatest importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United Their wisdom will also see the necessity of making every preparation for whatever events may grow out of TH. JEFFERSON. the present crisis. DECEMBER 18, 1807. The Senate took into consideration the amend-States. ments reported by the special committee to whom was referred the bill, entitled "An act authorizing the purchase of certain copies of the Journals of Congress;" and the bill having been by the Presisident reported as amended, on the question, Shall the bill be read a third time as amended? it was determined in the negative. So the bill was lost. The bill supplementary to an act, entitled "An act fixing the Military Peace Establishment of the United States," was read the third time. Ordered, That this bill be recommitted to the original committee, further to consider and report thereon; and that Messrs. ANDERSON, and SUMTER be added to the committee. And on motion, the Senate adjourned. WEDNESDAY, December 16. The Senate resumed the second reading of the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia; and, a motion was made, by Mr. ADAMS, to amend the 14th section. Whereupon, Ordered, That the bill, together with the amendment, be taken into consideration to-morrow, as in Committee of the Whole. On motion by Mr. MILLEDGE, Ordered, That the articles of agreement and cession, entered into on the twenty-fourth of April, 1802, between the Commissioners of the United States and those of Georgia, be printed for the use of the Senate. And on motion, the Senate adjourned. THURSDAY, December 17. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act extending the right of suffrage in the Mississippi Territory, and for other purposes;" and, after debate, the further consideration thereof was postponed until Monday next. Mr. POPE, from the committee to whom was recommitted the bill supplementary to an act, entitled "An act fixing the Military Peace Establishment of the United States," reported the bill with amendments; which were read and ordered to lie for consideration. And on motion, the Senate adjourned. Ordered, That the message, together with the papers therein referred to, be committed to Messrs. SMITH, of Maryland, ADAMS, ANDERSON, BRADLEY, and GREGG, to consider and report thereon; and that the same be considered as confidential. Mr. SMITH, from the abovementioned committee, stated that he was instructed to ask leave to report by bill. And leave having been given, he reported in part a bill laying an embargo on all ships and vessels in the ports and harbors of the United States: and the bill was read and ordered to the second reading. On motion, that the bill be now read the second time, it was objected to, as being contrary to the 12th rule for conducting business in the Senate. Whereupon, the following motion was made, by Mr. SMITH of Maryland, and agreed to: Resolved, That so much of the 12th rule for doing business in the Senate, as requires that three readings shall be on three different days, unless the Senate unanimously direct otherwise, be suspended for three days. And the bill was read the second time, as in Committee of the Whole, and, by the President, reported to the House without amendment; on the question, Shall this bill be engrossed and now read the third time it was determined in the af firmative-yeas 22, nays 7, as follows: YEAS-Messrs. Adams, Anderson, Bradley, Condit, Gaillard, Gregg, Howland, Kitchel, Mathewson, Milledge, Mitchill, Moore, Parker, Pope, Robinson, Smith of Maryland, Smith of New York, Smith of Tennesse, Thruston, Tiffin, and Turner. NAYS-Messrs. Crawford, Goodrich, Hillhouse, Ma clay, Pickering, Sumter, and White. And Mr. GREGG having reported the bill correctly engrossed, it was read the third time; on motion, to postpone the further consideration of the bill until Monday next, it was passed in the negative. On motion, by Mr. CRAWFORD, that this bill be postponed until to-morrow, it was passed in the negative-yeas 12, nays 16, as follows: YEAS-Messrs. Crawford, Gaillard, Goodrich, Hill house, Maclay, Mathewson, Milledge, Pickering, Pope, Thruston, Turner, and White. NAYS-Messrs. Adams, Anderson, Bradley, Condit, Gilman, Gregg, Howland, Kitchel, Mitchill, Moore, Parker, Robinson, Smith of Maryland, Smith of New York, Smith of Tennessee, and Tiffin. On the question to agree to the final passage of this bill, it was determined in the affirmative-yeas 22, nays 6, as follows: YEAS-Messrs. Adams, Anderson, Bradley, Condit, Gaillard, Gilman, Gregg, Howland, Kitchel, Mathewson, Milledge, Mitchill, Moore, Parker, Pope, Robinson, Smith of Maryland, Smith of New York, Smith of Tennessee, Thruston, Tiffin, and Turner. NAYS-Messrs. Crawford, Goodrich, Hillhouse, Maclay, Pickering, and White. So it was, Resolved, That this bill pass, and that the title thereof be "An act laying an embargo on all ships and vessels in the ports and harbors of the United States." Ordered, That the Secretary, confidentially, request the concurrence of the House of Representatives in this bill. SATURDAY, December 19. DECEMBER, 1807. been disagreed to, the President reported the bill amended. On the question, Shall this bill be read a third time as amended? it was determined in the affirmative. The bill supplementary to an act, entitled "An act fixing the Military Peace Establishment of the United States," was read the third time; and the blank having been filled, on motion, it was agreed that the further consideration thereof be postponed. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act extending the right of suffrage in the Mississippi Territory, and for other purposes;" and Mr. MOORE submitted an amendment to the first section for consideration; and, on motion, it was agreed that the further consideration of the bill and amendment should be postponed. TUESDAY, December 22. A confidential message from the House of Representatives informed the Senate that the House have passed the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," with amendments; in which they request the concurrence of the Senate. The Senate took into consideration the amend The Senate took into consideration, as in Committee of the Whole, the amendments reported to the bill supplementary to an act, entitled "An act fixing the Military Peace Establishment of the United States;" and the PRESIDENT having report-ments of the House of Representatives to the bill ed the bill to the House amended, on the question, last mentioned; and concurred therein. Shall the bill be engrossed and read a third time as amended? it passed in the affirmative. The Senate took into consideration, as in Committee of the Whole, the amendment proposed by Mr. ADAMS to the 14th section of the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia ;" which was amended, and agreed to; and the bill having been further amended, two new sections were submitted by Mr. ANDERSON, for consid eration. Ordered, That the further consideration of the bill, together with the proposed amendments, be postponed until Monday next. The Senate adjourned to 6 o'clock in the evening. SATURDAY EVENING, 6 o'clock. informed the Senate that the House have passed A message from the House of Representatives a bill, entitled "An act supplementary to an act, entitled 'An act for fortifying the ports and harbors of the United States, and for building gunboats," in which they request the concurrence of the Senate. Mr. GREGG reported, from the committee, that they had examined and found correctly engrossed the amendments to the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia." and, after debate, on motion, it was agreed to postpone the consideration of the bill, for the purpose of receiving the report of a committee; and Mr. SMITH, of Maryland, from the committee to whom was referred the Message from the President of The bill last mentioned was read the third time; The Senate assembled; and, on motion, ad- the United States of the 18th December, made a journed to Monday morning. MONDAY, December 21. Mr. REED, from the State of Maryland, attended. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia," together with the proposed amendments thereto, on motion, to postpone the further consideration of the bill to the first Monday in December next, it passed in the negative; on motion, to postpone the further consideration of the bill to the first Tuesday in January next, it passed in the negative. And the two new sections proposed having further report, in part: Whereupon, Ordered, That 500 copies of the Message, and certain documents therein referred to, also, of "the act laying an embargo on all ships and vessels in the ports and harbors of the United States," be printed for the use of the Senate; and that the therein referred to, also on the proceedings in reinjunction of secrecy on the Message and papers lation to the last mentioned act, be taken off. On motion, to reconsider the order for publication, the Senate adjourned. WEDNESDAY, December 23. The bill, entitled "An act supplementary to an act, entitled 'An act for fortifying the ports and harbors of the United States, and for building gunboats," brought up yesterday from the House of Representatives, was read. On motion, it was agreed, by unanimous consent, to dispense with the rule and that this bill be now read the second time. Ordered, That it be referred to Messrs. MITCHILL, SUMTER, ADAMS, MILLEDGE, and ROBINSON, the committee to whom was referred, on the 16th of November last, that part of the Message of the President of the United States which relates to the protection of the seaport towns and harbors of the United States, to consider and report thereon. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act extending the right of suffrage in the Mississippi Territory, and for other purposes;" and the consideration thereof was then further postponed. THURSDAY, December 24. The Senate resumed the third reading of the bill supplementary to an act, entitled "An act fixing the Military Peace Establishment of the United States;" and Resolved, That this bill pass, and that the title thereof be "An act supplementary to an act, entitled 'An act fixing the Military Peace Establishment of the United States." Mr. MITCHILL, from the committee to whom yesterday was referred the bill, entitled "An act supplementary to an act, entitled 'An act for fortifying the ports and harbors of the United States, and for building gunboats," reported the bill without amendment. Ordered, That the further consideration thereof be postponed until Saturday next. On motion, that the further consideration of the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, in the District of Columbia," be postponed until the second Tuesday in January next-a motion was made to amend the motion, and strike out "second Tuesday in January," and insert "first Monday in December;" and a division of the question was called for; and on the question for striking out, it was determined in the negative. And the original motion was agreed to. SATURDAY, December 26. SENATE. Bartholomew Berry, a wounded soldier in the Revolutionary war; also, wounded in the army under the command of the late General Wayne, and praying relief; and the petition was read, and referred to Messrs. REED, GREGG, and BRADLEY, to consider and report thereon. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act supplementary to an act, entitled 'An act for fortifying the ports and harbors of the United States, and for building gunboats;" and Mr. MILLEDGE submitted sundry amendments for consideration; and, on motion that the bill, together with the proposed amendments, be recommitted to the original committee, the Senate were equally divided, and the PRESIDENT determined the question in the affirmative. Ordered, That Messrs. GREGG and TIFFIN be added to the committee. TUESDAY, December 29. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to extend certain privileges, as therein mentioned, to Anthony Boucherie;" also, a bill, entitled "An act supplemental to an act, entitled 'An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee;" in which they request the concurrence of the Senate. The bill first mentioned in the message was read, and it was agreed, by unanimous consent, to dispense with the rule, and that this bill be now read the second time. Ordered, That it be referred to Messrs. TIFFIN, CONDIT, and GREGG, to consider and report thereon. The bill last mentioned in the message was read, and ordered to the second reading. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act extending the right of suffrage in the Mississippi Territory, and for other purposes," together with the proposed amendment; and, after having agreed to amend the amendment, the Senate adjourned. WEDNESDAY, December 30. Mr. MITCHILL, from the committee to whom was recommitted the bill, entitled "An act supThe Senate assembled, and a quorum not at- plementary to an act, entitled "An act for fortifytending, adjourned till Monday morning. MONDAY, December 28. The PRESIDENT communicated a report of the Attorney General of the United States, in pursuance of a resolution of the 6th of February last, on the table of fees and compensation paid in all the States composing the Uuion, except the States of Virginia and Kentucky; which were read, and referred to Messrs. BRADLEY, WHITE, and CONDIT, to consider and report thereon to the Senate. The PRESIDENT communicated the petition of ing the ports and harbors of the United States, and for building gunboats," reported amendments; which were agreed to. On motion, by Mr. CRAWFORD, further to amend the bill, as follows: "Provided, That the following sums be laid out and expended for the purposes above mentioned, at the places and within the limits hereinafter enumerated, viz.: At New Orleans, sixty thousand dollars: within the States of Georgia, South Carolina, and North Carolina, two hundred and fifty-two thousand dollars: upon the Chesapeake and its waters, one hundred and sixty thousand dollars: within the Delaware bay and SENATE. Case of Mr. John Smith, Senator from Ohio. river, New Jersey, and New York, three hundred thousand dollars: within the States of Connecticut and Rhode Island, thirty-one thousand dollars: within Massachusetts and New Hampshire, one hundred and thirty-five thousand dollars: and for other places not enumerated, or in addition to those places above-mentioned, sixty-two thousand dollars:" It was determined in the negative-yeas 11, nays 19, as follows: YEAS-Messrs. Anderson, Crawford, Gaillard, Goodrich, Hillhouse, Maclay, Milledge, Pickering, Sumter, Turner, and White. NAYS-Messrs. Adams, Bradley, Condit, Gilman, Gregg, Howland, Kitchel, Mathewson, Mitchill, Parker, Pope, Reed, Robinson, Smith of New York, Smith of Tennessee, and Tiffin. Ordered, That the consideration of the bill be further postponed. The bill, entitled "An act supplemental to an act, entitled 'An act regulating the grants of land and providing for the disposal of the lands of the United States south of the State of Tennessee," was read the second time, and referred to Messrs. CRAWFORD, BRADLEY, and GREGG, to consider and report thereon. On motion, the second reading of the bill, entitled "An act extending the right of suffrage in the Mississippi Territory, and for other purposes," was 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 communicate to Congress the enclosed letters from Governor Hull, respecting the Indians in the vicinity of Detroit, residing within our lines. They contain information of the state of things in that quarter which will properly enter into their view in estimating the means to be provided for the defence of our country generally. TH. JEFFERSON. DECEMBER 30, 1807. The Message and papers therein mentioned were read, and ordered to lie for consideration. THURSDAY, December 31. Mr. TIFFIN, from the committee to whom was referred the bill, entitled "An act to extend certain privileges, as therein mentioned, to Anthony Boucherie," reported the bill without amendment; and the bill was ordered to a third reading. CASE OF JOHN SMITH. Mr. ADAMS stated that the committee appointed on the 27th November last, "to inquire whether it be compatible with the honor and privileges of this House that JOHN SMITH, a Senator 'from the State of Ohio, against whom bills of indictment were found at the Circuit Court of Virginia, held at Richmond in August last, for 'treason and misdemeanor, should be permitted any longer to have a seat therein," were ready to report: and he made the following motion, which was read and agreed to: Ordered, That John Smith, a Senator from the State of Ohio, be notified by the Vice President to attend in his place. DECEMBER, 1807. JOHN SMITH, Esq., Senator from the State of Ohio. And Mr. SMITH attended. Whereupon, Mr. ADAMS made a report from the committee last mentioned; and the report was read, and three hundred copies thereof were ordered to be printed for the use of the Senate. The report is as follows: Your committee are of opinion, that the conspiracy of Aaron Burr and his associates against the peace, union, and liberties of these States, is of such a character, and that its existence is established by such a mass of concurring and mutually corroborative testimony, that it is incompatible not only with the honor and privileges of this House, but with the deepest inshould be permitted to hold a seat in the Senate of the terests of this nation, that any person engaged in it United States. Whether the facts, of which the committee submit herewith such evidence as, under the order of the Senate, they have been able to collect, are sufficient to substantiate the participation of Mr. Smith in that conspiracy, or not, will remain for the Senate to decide. The committee submit also to the consideration of the Senate, the correspondence between Mr. Smith and them, through their chairman, in the course of their meetings. The committee have never conceived themselves invested with authority to try Mr. Smith. Their charge was to report an opinion relating to the honor and privileges of the Senate, and the facts relating to the conduct of Mr. Smith. Their opinion, indeed, cannot be expressed in relation to the privilege of the Senate, without relating, at the same time, to Mr. Smith's right of holding a seat in this body; but, in that respect, the authority of the committee extends only to proposal, and not to decision. But as he manifested a great solicitude to be heard before them, they obtained permission from the Senate to admit his attendance, communicated to him the evidence in their possession, by which he was inculpated, furnished him, in writing, with the questions arising from it, which appeared to them material, and received from him the information facts reported. But Mr. Smith has claimed, as a right, and explanations herewith submitted as part of the to be heard in his defence by counsel, to have compulsory process for witnesses, and to be confronted with his accusers, as if the committee had been a circuit court of the United States. But it is before the Senate itself that your committee conceived it just and proper that Mr. Smith's defence of himself should be heard. Nor have they conceived themselves bound in this inquiry by any other rules than those of natural justice and equity, due to a brother Senator on the one part, and to their country on the other. tary, friendless, and unskilled, contending for rights Mr. Smith represents himself, on this inquiry, as soliwhich he intimates are denied him; and the defender of Senatorial privileges which he seems apprehensive will be refused him by Senators, liable, so long as they hold their offices, to have his case made their own. The committee are not unaware that, in the vicissitudes of |