Part 125

Mr. Pitkin spoke more than an hour against the bill generally, and in support of the particular proposition which he was about to make. He contended that the Emperor of France had not fulfilled his engagement to the United States, inasmuch as the decrees, if revoked, which he denied, had not been revoked on the day on which he had engaged to revoke them. He quoted the history of the connection of Spain with France as evidence of the perfidy of Bonaparte, from whom, he said, no compliance with his promises could be expected, &c. In supporting his amendment, Mr. P. contended for its beneficial effects to our merchants: and it would not, he said, be more a breach of our contract with France than the first section of the bill now before the House. The one was, in fact, as much a departure from the engagement with France as the other. The following was the amendment offered by Mr. PITKIN:

Provided, also, That nothing in this act, or the act to which this is a supplement, shall be construed to affect any vessels owned wholly by a citizen or citizens of the United States, or the cargoes of any such vessels which shall have cleared out from any port in the West Indies within ---- days after the 2d of February, 1811.

The yeas and nays on the motion were, 46 yeas; 58 nays.

Mr. MACON addressed the Chair on the merits of the bill at some length. He believed the President to have been justified in issuing his proclamation by the Duc de Cadore's letter; but as subsequent information had been received from France, the question appeared to him to resolve itself into this: Was the sequestration of our vessels from the 1st November to the 2d of February a violation of our neutral rights or not? Had the decrees been so modified, under present circumstances, as that they had ceased to violate our neutral commerce? He conceived not, and should therefore vote against the bill. He deprecated the course of debate, and the irritation which prevailed in the House, as tending to bring this body into disrepute, &c.

Mr. P. B. PORTER then said that, for the purpose of coming to a decision on the bill, and putting an end to a scene which was, to say the least of it, disreputable to the House, he moved for the previous question on engrossing the bill.

The previous question was taken and decided in the affirmative, and the bill ordered to a third reading--65 to 9.

The bill was then read a third time.

The previous question was required on its passage, and carried in the affirmative.

Mr. RANDOLPH twice successively moved an adjournment. Motions negatived; the first 65 to 10, the second 66 to 8.

The question on the passage of the bill was then decided in the affirmative--yeas 64, nays 12, as follows:

YEAS.--Lemuel J. Alston, Willis Alston, jun., William Anderson, David Bard, William T. Barry, Burwell Bassett, William W. Bibb, Adam Boyd, Robert Brown, William A. Burwell, William Butler, Joseph Calhoun, Langdon Cheves, Matthew Clay, James Cochran, William Crawford, Richard Cutts, Joseph Desha, John W. Eppes, William Findlay, Meshack Franklin, Barzillai Gannett, Gideon Gardner, Thomas Gholson, Peterson Goodwyn, James Holland, Jacob Hufty, Richard M. Johnson, Thomas Kenan, John Love, Aaron Lyle, Samuel McKee, William McKinley, Pleasant M. Miller, Samuel L. Mitchill, John Montgomery, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Gurdon S. Mumford, Thos. Newbold, Thos. Newton, John Porter, Peter B. Porter, John Rea of Pennsylvania, John Rhea of Tennessee, Matthias Richards, Samuel Ringgold, Erastus Root, Ebenezer Sage, John A. Scudder, Ebenezer Seaver, Adam Seybert, Samuel Shaw, Dennis Smelt, John Smilie, Geo. Smith, John Smith, Uri Tracy, George M. Troup, Charles Turner, jr., Robert Weakley, Robert Whitehill, and Robert Witherspoon.

NAYS.--Abijah Bigelow, Barent Gardenier, Richard Jackson, jr., William Kennedy, Nathaniel Macon, Elisha R. Potter, John Randolph, Richard Stanford, Jacob Swoope, Archibald Van Home, Laban Wheaton, and Ezekiel Whitman.

The House then adjourned to meet again at one o'clock.

The following is the bill as it passed this House:

A Bill supplementary to the act, entitled "An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes."

Be it enacted, &c., That no vessel, owned wholly by a citizen or citizens of the United States, which shall have departed from a British port, prior to the 2d day of February, 1811, and no merchandise owned wholly by a citizen or citizens of the United States, imported in such vessel, shall be liable to seizure or forfeiture on account of any infraction or presumed infraction of the provisions of the act to which this act is a supplement.

SEC. 2. And be it further enacted, That, in case Great Britain shall so revoke or modify her edicts, as that they shall cease to violate the neutral commerce of the United States, the President of the United States shall declare the fact by proclamation; and such proclamation shall be admitted as evidence, and no other evidence shall be admitted of such revocation or modification in any suit or prosecution which may be instituted under the fourth section of the act to which this act is a supplement. And the restrictions imposed, or which may be imposed, by virtue of the said act, shall, from the date of such proclamation, cease and be discontinued.

SEC. 3. And be it further enacted, That, until the proclamation aforesaid shall have been issued, the several provisions of the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and eighteenth sections of the act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," shall have full force and be immediately carried into effect against Britain, her colonies, and dependencies: Provided, however, That any vessel or merchandise which may, in pursuance thereof, be seized, prior to the fact being ascertained, whether Great Britain shall, on or before the second day of February, one thousand eight hundred and eleven, have revoked or modified her edicts in the manner above mentioned, shall, nevertheless, be restored, on application of the parties, on their giving bond with approved sureties to the United States, in a sum equal to the value thereof, to abide the decision of the proper court of the United States thereon; and any such bond shall be considered as satisfied if Great Britain shall, on or before the second day of February, one thousand eight hundred and eleven, have revoked or modified her edicts in the manner above mentioned: Provided, also, That nothing herein contained shall be construed to affect any ships or vessels, or the cargoes of ships or vessels, wholly owned by a citizen or citizens of the United States, which had cleared out for the Cape of Good Hope, or for any port beyond the same, prior to the tenth of November, one thousand eight hundred and ten.

SATURDAY, March 2.

Bank of the United States.

Mr. P. B. PORTER, from the committee to whom was referred, on the twenty-fifth ultimo, the memorial of the Stockholders of the Bank of the United States, made the following report, which was read:

"The committee to whom was referred the memorial of the Stockholders of the Bank of the United States, report:

"That they have carefully examined the various matters set forth in the said memorial, and attentively listened to the representations of the gentlemen who have appeared in behalf of the said petitioners. The object of the memorialists is to obtain extension of their corporate powers beyond the period limited for the expiration of their charter, so as to enable them to prosecute for their debts, and to arrange, liquidate, and close the various concerns of the company.

"The committee are of opinion that a law of Congress, granting the powers prayed for, would facilitate the final adjustment of the affairs of the bank, although they do not think such a law indispensable to that object. But believing, as your committee do, that, in granting the original charter to the stockholders, Congress transcended the legitimate powers of the constitution; the same objection now presents itself to the extension of any of their corporate capacities.

"If the committee had time to go into the investigation, and to present to the House the various reasons which have conduced to this opinion, it would be more than useless to divert its attention from the important concerns of the nation, at this late period of the session, to a subject which, but a few days since, was so fully and elaborately discussed.

"They therefore beg leave to introduce the following resolution:

"Resolved, That the prayer of the memorialists ought not to be granted."

The House agreed to meet to-morrow, (being Sunday.)