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The question was then taken on the motion to strike out the seventy-fours, and negatived. The committee rose and had leave to sit again.

Friday, December 18

Increase of the Navy

The House again resolved itself into a Committee of the Whole on the bill to increase the Navy of the United States.

Mr. Cutts then moved to strike out the seventy-fours, with a view to increase the number of frigates to be built to ten, and to add a number of sloops of war.

Mr. C. spoke at considerable length in support of his motion, and in favor of frigates and sloops of war in preference to seventy-four gun ships.

The question was then taken on striking out the provision respecting seventy-fours, and was carried – for the amendment 56, against it 53.

Mr. Cutts moved an amendment authorizing the building of ten ships of war, of forty-four guns, and ten sloops of war. – Motion lost by a great majority.

Monday, December 21

On motion of Mr. Bassett, the petitions of J. A. Chevallie, attorney of Amelie Eugene de Beaumarchais, presented on the 24th of December, 1805, and 2d of April, 1806, together with all the documents concerning the said claim, were referred to the Committee of Claims.

Encouragement to Privateering by Public Armed and Private Armed Vessels.

Mr. Bassett, from the Committee on the Naval Establishment, presented a bill relating to captures; which was read twice, and committed to a Committee of the Whole on Wednesday next. The bill is as follows:

A Bill relating to captures.
Be it enacted, &c., That where any ship or vessel in the service of the United States shall have captured, or may hereafter capture, a ship or vessel belonging to an enemy, of equal or inferior force, and it shall become necessary to destroy such prize to prevent her falling into the hands of the enemy, or for the security of such ship or vessel so in the service of the United States, the Secretary of the Navy is hereby required to issue his commission to one or more fit person or persons, who, on the best evidence that can be procured, shall proceed to estimate the value of such ship or vessel, prize as aforesaid, in the port into which the capturing vessel shall first enter, and make return on oath of said estimate or valuation to the Secretary of the Navy.
Sec. 2. And be it further enacted, That the Secretary of the Navy shall thereon proceed to apportion the sum, which shall be equal to one-half the said valuation or estimate, as prize money, among the officers and crew making such capture, and cause the same to be paid to them accordingly.
Sec. 3. And be it further enacted, That each commissioned officer shall receive six dollars per day for each day he shall be employed in making the aforesaid estimate: Provided, His compensation shall in no case exceed – dollars.
Sec. 4. And be it further enacted, That every captain or commanding officer of any vessel in the service of the United States immediately on his coming into port, after having captured a ship or vessel of equal or superior force, shall make report thereof to the Secretary of the Navy, describing particularly the size and equipment of the ship or vessel so destroyed, and the nature and extent of the damage done her in the action, as also the causes and inducements for destroying his prize, which report, in part, shall be received as evidence by the commissioners aforesaid.
Sec. 5. And be it further enacted, That the Secretary of the Navy shall cause the account of the money so by him ordered to be paid, to be settled at the end of one year, and all the unclaimed dividends he shall cause to be paid over to the Navy Hospital Fund.

Mr. Bassett, from the same committee, also presented a bill regulating pensions to persons on board private armed ships; which was read twice, and committed to a Committee of the Whole on Thursday next. The bill is as follows:

A Bill regulating pensions to persons on board private armed ships.
Be it enacted, &c., That the two and a half per centum reserved in the hands of the collectors and consuls by the act of June, eighteen hundred and twelve, entitled "An act concerning letters of marque, prizes, and prize goods," shall be paid into the Treasury, under the like regulations provided for other public money, and shall constitute a fund for the purposes of this act, and such other purposes as Congress may direct, for the aid and comfort of the seamen of the United States.
Sec. 2. And be it further enacted, That the Secretary of the Navy be authorized and required to place on the pension list, under the like regulations and restrictions as are used in relation to the Navy of the United States, any officer or seamen who, on board of any private armed ship or vessel, bearing a commission or letter of marque, shall have been, in the line of duty, wounded or otherwise disabled; if an officer, allowing him one-half his monthly pay for the greater disability, and so in proportion; and if a seaman, or acting as a marine, the sum of six dollars per month for the greater disability, and so in proportion; which several pensions shall be paid, by direction of the Secretary of the Navy, out of the fund above provided.
Sec. 3. And be it further enacted, That the commanding officer of every vessel having a commission, or letters of marque and reprisal, shall enter in his journal the name and rank of any officer, and the name of any seamen who, during his cruise, shall, in the line of his duty, have been wounded or disabled, describing the manner and extent, as far as practicable, of such wound or disability.
Sec. 4. And be it further enacted, That every collector shall transmit quarterly to the Secretary of the Navy a transcript of such journals as may have been reported to him, so far as they give a list of the officers and crew, and the description of wounds and disabilities, the better to enable the Secretary to decide on claims for pensions.

Duties on Privateer Prize Goods

Mr. Cheves, from the Committee of Ways and Means, to whom was referred the bill from the Senate directing the Secretary of the Treasury to remit certain fines, penalties, and forfeitures, reported the same with amendments, the principal one of which is to strike out the words "and the dependencies thereof," so as to exclude from the operation of the bill, the cases of goods brought in from Canada, &c. – The bill was referred to a Committee of the Whole.

Mr. C. also introduced the following report:

The Committee of Ways and Means, to whom were referred so much of the petition of the owners and agents of sundry private armed vessels fitted out of the port of New York, as prays the reduction of the duties on prize goods, and the petitions of sundry owners of private armed vessels fitted out of the port of Boston, and of sundry owners of like vessels fitted out of the ports of Norfolk and Portsmouth, Virginia, also praying a reduction of the duties on prize goods, report:
That a letter from John Ferguson and John L. Laurence, agents for the petitioners from New York, and a letter from the Secretary of the Treasury, both addressed to the chairman of the committee, and which accompany this report, contain all the facts and views which will probably be found material in the examination and consideration of this subject; and that this committee, having maturely considered them, are of opinion, that a reduction of the duties on prize goods, without embracing, at the same time, all importations made in the prosecution of the ordinary commerce of the country, cannot, consistently with sound policy and rational legislation, be made, and that a general reduction would diminish a revenue, where it does not distress the consumer, and would not produce any material increase of gain to the captors. The committee, therefore, recommend the following resolve:
Resolved, That it is inexpedient to grant the prayer of the petitioners.

Documents referred to in the above report

Washington, Nov. 23, 1812.

Sir: We take the liberty of enclosing to you, for the inspection of the Committee of Ways and Means, sundry papers connected with the application by the owners of privateers in New York, for a reduction of duties on prize goods. They are as follow:
No. 1, exhibits the proceeds of the schooner Venus and cargo, captured by the privateer Teazer.
No. 2, is a statement of the cost of the privateers General Armstrong and Governor Tompkins.
No. 3, contains extracts of letters from several privateer agents.
The Committee of Ways and Means are (including the accompanying documents) in possession of three statements of prize sales, where the property was, in each case, of a different character from the others. The cargo of the New Liverpool consisted (contrary to our impressions when before the committee) altogether of wine, amounting to 27,959 gallons, whereon the duty was 46 cents per gallon, which consumed more than one-half of the proceeds of vessel and cargo, and, connected with the other charges, left the owners of the privateer about one-sixth of the captured property. The Industry was laden with 152 bbls. salmon; and the benevolent intentions of the privateersmen to restore to an indigent owner the amount of her loss, terminated, in consequence of the high duties and charges, in an inability to present her with more than a paltry sum, scarcely worth her acceptance. The Venus had a cargo of rum, sugar, fruit, and preserves, which produced $17,637 68, and was charged with duties amounting to $8,287 63. The vessel, being well calculated for a privateer, was bought in by the captors for that business. But, experience teaching them that the profits of private naval warfare are by no means equivalent to the hazard, they have abandoned that intention, and are now offering the Venus for sale in the public newspapers, but cannot find a purchaser.
We would respectfully suggest to the Committee of Ways and Means that great anxiety exists in New York, that Congress may give the question of a reduction of prize duties a speedy decision; which, if favorable, will revive the spirit and zeal, now expiring, with which privateering was undertaken at the commencement of the war; and, if unfavorable, will prevent those who have purchased vessels for warlike enterprises, in which they cannot now dispose of any interest, from incurring losses accumulated under fruitless expectations.
We have taken the liberty of reminding the committee that no naval force of any efficiency can be supported by the Government but at an expense far greater than the amount of the duties of which we pray the remission; and that there is probably no other species of naval armament half so destructive as privateers to the commerce of an enemy.
The employment of a great number of experienced masters of vessels and seamen necessarily engaged in them, whose services could not probably be obtained in any other way, and whose skill and intrepidity produce so much honor to the country, forms another important consideration.
To these may be added, that, in no other way, can the mercantile interest be so effectually united in the support and prosecution of the war, as by offering inducements to the investments of its otherwise unemployed capital in such enterprises.
We are, sir, with great respect, your obedient servants,
JOHN FERGUSON,
JOHN L. LAWRENCE.

Hon. L. Cheves, Chairman, &c.

Tuesday, December 22

Imprisonment of American Seamen

The Speaker laid before the House the following Message from the President of the United States:

To the House of Representatives of the United States:

I transmit to the House of Representatives a report of the Secretary of State, complying with their resolution of the 9th instant.
JAMES MADISON.

December 21, 1812.
Department of State, Dec. 19, 1812.

The Secretary of State, to whom was referred the resolution of the House of Representatives of the 9th instant, requesting information touching the conduct of British officers towards persons taken in American armed ships, has the honor to lay before the President the accompanying papers marked A, B, C, from which it appears, that certain persons, some of whom are said to be native, and others naturalized citizens of the United States, being parts of the crews of the United States armed vessels the "Nautilus" and the "Wasp," and of the private armed vessel the "Sarah Ann," have been seized, under the pretext of their being British subjects, by British officers, for the avowed purpose, as is understood, of having them brought to trial for their lives, and that others, being part of the crew of the Nautilus, have been taken into the British service.
The Secretary of State begs leave also to lay before the President the papers marked D and E. From these it will be seen, that whilst the British naval officers arrest as criminals such persons taken on board American armed vessels as they may consider British subjects, they claim a right to retain on board British ships of war American citizens who may have married in England, or been impressed from on board British merchant vessels; and that they consider an impressed American, when he is discharged from one of their ships, as a prisoner of war. All which is respectfully submitted.
JAMES MONROE.

(A.)

Sir John Borlase Warren to Mr. Monroe

Halifax, September 30, 1812.

Sir: Having received information that a most unauthorized act has been committed by Commodore Rodgers, in forcibly seizing twelve British seamen, prisoners of war, late belonging to the Guerriere, and taking them out of the English cartel brig Endeavor on her passage down the harbor of Boston, after they had been regularly embarked on board of her for an exchange, agreeable to the arrangements settled between the two countries, and that the said British seamen so seized, are now detained on board the United States frigate President as hostages; I feel myself called upon to request, sir, your most serious attention to a measure so fraught with mischief and inconvenience, destructive of the good faith of a flag of truce and the sacred protection of a cartel. I should be extremely sorry that the imprudent act of any officer should involve consequences so particularly severe as the present instance must naturally produce, if repeated; and although it is very much my wish, during the continuance of the differences existing between the two countries, to adopt every measure that might render the effect of war less rigorous, yet, in another point of view, the conviction of the duty I owe my country would, in the event of such grievances as I have already stated being continued, not admit of any hesitation in retaliatory decisions; but as I am strongly persuaded of the high liberality of your sentiments, and that the act complained of has originated entirely with the officer who committed it, and that it will be as censurable in your consideration as it deserves, I rely upon your taking such steps as will prevent a recurrence of conduct so extremely reprehensible in every shape.
I have the honor to be, with the highest consideration, sir, your most obedient and most faithful humble servant,
JOHN BORLASE WARREN,
Admiral of the Blue, Commander-in-Chief, &c.

James Monroe, Esq., Secretary of State.

Mr. Monroe to Sir John Borlase Warren

Department of State, Oct. 28, 1812.

Sir: I have had the honor to receive your letter of the 30th September, complaining that Commodore Rodgers, commanding a squadron of the United States Navy at the port of Boston, had taken twelve British seamen, lately belonging to His Britannic Majesty's ship the Guerriere, from a cartel in the harbor of Boston, and that he had detained them on board the President, a frigate of the United States, as hostages.
I am instructed to inform you, that inquiry shall be made into the circumstances attending, and the causes which produced the act, of which you complain; and that such measures will be taken, on a knowledge of them, as may comport with the rights of both nations, and may be proper in the case to which they relate.
I beg you, sir, to be assured that it is the sincere desire of the President to see (and to promote, so far as depends on the United States) that the war which exists between the two countries be conducted with the utmost regard to humanity. I have the honor to be, &c.,
JAMES MONROE.

Sir John B. Warren, Admiral of the Blue,
Commander-in-Chief, &c.

(B.)

Washington, Dec. 17, 1812.

Sir: I have the honor to annex a list of twelve of the crew of the late United States sloop of war Wasp, detained by Captain John Beresford, of the British ship Poictiers, under the pretence of their being British subjects.
I have the honor to be, respectfully, sir, your obedient servant,
GEORGE S. WISE, Purser.

Hon. Paul Hamilton, Sec'ry Navy.

[Here follow several other documents, not deemed of material importance, except the following:]

(C.)

Extract of a letter from Major General Pinckney to the Secretary of War, dated

Headquarters, Charleston,
November 4, 1812.

"Information having been given upon oath to Lieutenant Grandison, who at present commands in the Naval Department here, that six American seamen, who had been taken prisoners on board of our privateers, had been sent to Jamaica to be tried as British subjects for treason, he called upon the marshal to retain double that number of British seamen as hostages. The marshal, in consequence of instructions from the Department of State, asked my advice on the subject, and I have given my opinion that they ought to be detained until the pleasure of the President shall be known. The testimony of Captain Moon is herewith. I hope, sir, you will have the goodness to have this business put in the proper train to have the President's pleasure on this subject communicated to the marshal."

The Message and documents were, on motion, referred to the Committee on Foreign Relations.

Wednesday, December 23

Another member, to wit, from Louisiana, Thomas Bolling Robertson, appeared, produced his credentials, was qualified, and took his seat.

Increase of the Navy

The bill from the Senate to increase the Navy of the United States, was read a third time; and the question, being stated, "Shall the bill pass?"

Mr. McKee spoke at considerable length against its passage, and concluded by moving to postpone it to Monday, with a view to obtaining further information on the subject of the materials, &c.

The motion to postpone was supported by Mr. Alston and Mr. Seybert, and opposed by Mr. Milnor, Mr. Bassett, and Mr. Widgery. The votes were for postponement 51, against it 73.

So the motion was lost.

The question recurring on the passage of the bill,

Mr. Potter said, as he represented a commercial State, and his constituents at present were very anxious for a navy, he felt it his duty to assign his reasons for the vote he was about to give. He said, when he saw his political friends, with only one exception, in favor of the bill under consideration, and the anxious solicitude of the gentleman on the other side of the House for its fate, he felt himself much embarrassed; but while he was by his feelings at times almost impelled to vote in its favor, his judgment compelled him to vote against it.

Mr. P. said his objections to a navy were that it would cost more than ever it would be worth to the nation; that we could not build, man, and support the ships contemplated, in addition to our present establishment, without resorting to the same means for their support as other maritime nations had done; that it must be supported by impression or oppression; we must either impress our citizens to man our Navy, and compel them to serve against their wills for almost nothing, or oppress the nation with taxes not to be endured, to enable the Government to give such wages as would induce our seamen to enter voluntarily into our service. He said it had been observed by the friends of the bill, and particularly by his friend from Pennsylvania, (Mr. Milnor,) that the Navy was at this time very popular with all parties, in this House and the nation; that they had done honor to themselves and to their country, while our army had, in almost every instance, been defeated and disgraced. Mr. P. said we had been very unfortunate in the selection of some of our commanding officers, who had, as it would seem, been appointed more because they wanted office, than because they were qualified for it; some of them were too old, and others too young; but he believed we had as good officers in our Army as we had in the Navy, and whenever the time should arrive that would afford them a fair opportunity, that they would equally distinguish themselves.

Mr. P. said there was a kind of popular delusion at this time about a Navy, that he found difficult to oppose. He said it was at least popular with all those who expected to make money out of it, and with many from the most honorable motives. But he believed, when the people, who were to pay all, and receive nothing, come to see that we had spent for them the last year upwards of twenty millions of dollars, and that notwithstanding all the moneys we had received, by double duties, and otherwise, that we had increased the national debt, in that year, ten millions six hundred thousand dollars, and that we want, for the expenses of the present year, agreeably to the report of the Secretary of the Treasury, $31,925,000, exclusive of the expense of the contemplated increase of our Navy, and for losses and war contingencies – that when they should put those sums together, and apportion them to the several States, agreeable to the constitution, and see that but few individuals, and not many States, would have personal property sufficient to pay their proportions – that this delusion as to those who have eventually all this money to pay would at least vanish.

It was likewise said that the spirit of the nation demanded this increase of our Navy. He remembered very well that it was so said on a former occasion, and that the finger of Heaven pointed to war, but it was very soon found that the finger of the people pointed to peace. It was then said, as it is now said, that we were a divided people, and it was necessary to convince foreign nations that we would support our own Government. The then Executive was addressed from all parts of the United States, with pledges of life, fortune, and sacred honor, in support of what he had done, or should do. This was intended to correct the error abroad as to our being a divided people, and for no other purpose. Its object was entirely misunderstood by the then President. He thought they were uneasy and wanted something to steady them. An army was raised, and taxes laid for their benefit; – a navy was provided which did honor to themselves and the nation, that protected our commerce, and caused our flag to be respected in every sea, in consequence of which our revenue continued to increase, notwithstanding all the depredations committed on our commerce, and the nation appeared to be prosperous and happy; but when the people were called upon to test the sincerity of their pledges and promises, by the payment of a tax of only two millions of dollars, they said they had been entirely misunderstood, that those pledges were intended to have an influence abroad, and not for the purpose of trouble at home, and that they would not pay taxes to support a navy or army; and, the first opportunity they had, they changed the Administration. If they would not then pay two millions of dollars, to support that Administration, can they be expected to pay nearly fifty millions for the support of this, for the same purposes?

Mr. P. said this Administration, during the last session of Congress, was addressed from all parts of the Union, and from many of the States in their legislative capacities, promising to support them with their lives, fortunes, and sacred honors, in common form. This perhaps was to have its influence abroad. The Administration, believing them sincere, have been induced to declare war, and are left to carry it on without money. They find that those pledges and promises cost but little, and are worth nothing; and the consequence will be, that when the people are called upon to pay those enormous expenses, the present Administration will share the same fate from them as the former did.

The gentleman from Massachusetts (Mr. Cutts) said the expense of this Navy would swamp the present, as it had done a former Administration; that, Mr. P. said, was a business of their own, it was no concern of his; but if with their means they could not manage the affairs of the nation, with their present experience, having seen the rock on which a former Administration split, they would richly deserve it; his only object was to keep his constituents from being mired down with debt and taxes.

Many gentlemen support this bill upon the principle that this settles the question; that we are to become a great naval power, and to have a permanent Naval Establishment; to this Mr. P. said he objected for the reasons he had assigned; he said he had found mankind much the same: give them power, and they would not only use, but abuse it – give them money, and they will spend it, and want to borrow; and, he said, if an Administration like the present, without money, without an army, or navy, would plunge this country so unprepared into a war, and continue it for the present existing cause, and extend their views of conquest to the Floridas, the Canadas, Quebec, Halifax, and Nova Scotia, whenever they should have money, an army, and ships; the next thing they would want colonies, as other nations had done, and that Bermuda and New Providence would be in our way; and we must have Jamaica to get good rum and sugar. And instead of this country enjoying peace, which is above all things the most desirable, we should be involved like other nations in perpetual war.

Mr. Randolph moved to postpone the further consideration of the bill till to-morrow. – Lost.

So the bill was passed.

Medal to Commodore Preble, &c

The following Message was received from the President of the United States:

To the House of Representatives of the United States:
I transmit to the House of Representatives a report of the Secretary of the Navy, complying with their resolution of the 16th instant.
JAMES MADISON.

December 23, 1812.

The following is the report referred to in the above Message:

Navy Department, Dec. 21, 1812.

Sir: On the subject of the resolution of the honorable the House of Representatives, of the 16th instant, I have the honor to state, that, in pursuance of the resolution of Congress of the 3d March, 1805, a gold medal, emblematical of the attacks on the town, batteries and naval force, of Tripoli, by the squadron under Commodore Preble's command, was presented to Commodore Preble, in the manner stated in the enclosed letter, dated May 17, 1806: That one month's pay was allowed, "exclusive of the common allowance, to all the petty officers, seamen, and marines, of the squadron, who so gloriously supported the honor of the American flag, under the orders of their gallant commander, in the several attacks: " That no sword has been presented to either of the commissioned officers or midshipmen, who distinguished themselves in the several attacks: And that it is not known to this Department that there ever was made by Congress a specific appropriation of $20,000 for the purpose of carrying into effect the resolution referred to.
With respect to that part of the resolution which requests the President to cause a sword to be presented to each of the commissioned officers and midshipmen who distinguished themselves, it is presumed that the President saw what to his mind appeared difficulties of great delicacy, from the peculiar language of the resolution. By the resolution, he was requested to present swords to such only as had distinguished themselves; and all having been represented to him as having acted gloriously, he could not in justice draw with precision a line of discrimination. He felt, it is presumed, a repugnance to the making of a selection, which, by implication, would necessarily have cast an unmerited reproach upon all not therein included. A degradation of that kind might have greatly injured the service, and could not possibly have been grateful to the honorable feelings of the favored officers.
I have the honor to be, with the greatest respect, your obedient servant,
PAUL HAMILTON.