Read the book: «Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)», page 37
Thursday, March 22
National Bank
Mr. Bayard, from the committee appointed on the subject the thirteenth instant, reported a bill making provision for the establishment of a National Bank; and the bill was read and passed to a second reading.
[The bill was for a new bank of 30 millions capital, the subscription for shares open to every citizen of the United States or of its Territories, to copartnerships composed of such citizens or body politic incorporated within the United States, to the amount of 1000 shares.]
Wednesday, April 4
Bank of the United States
The President laid before the Senate the following report of the Secretary of the Treasury, made in pursuance of the resolution of the Senate of the 2d instant:
Treasury Department, April 3, 1810
Sir: I have the honor to transmit a report, prepared in obedience to the resolution of the Senate of yesterday.
I have the honor to be, &c.,
ALBERT GALLATIN.
To the honorable the President of the Senate:
The Secretary of the Treasury, in obedience to the resolution of the Senate, of the 2d instant, respectfully reports —
That the statement annexed to the report made to the Senate on the 2d day of March, 1809, contained all the dividends made by the Bank of the United States, from its establishment to the date of the report, as stated to the Treasury by the bank.
That the annexed table, (A,) being a transcript of the above-mentioned statement, with the addition of the dividends made on the 1st day of July, 1809, and on the first day of January last, embraces not only the semi-annual dividends of 4 per cent., but also all the extra dividends which are within the knowledge of this Department, and which, it is believed, have ever been made by the bank; making, in the whole, an average of 8 13-36 per cent. a year.
That there remained to the credit of the bank, after payment of the dividend made on the first day of January last, a surplus of $409,410, consisting of two items, viz: $125,000, designated by the name of "General Bank Estate," intended as an offset against decay and presumed loss, in case of sale of the real estate of the bank – that estate having been paid for from the capital stock, and not from the profits of the bank; and $284,410, designated by the name of "Contingent Fund," intended in the first place to cover losses arising from bad debts, not yet actually lost; and the residue of which, if any, will be applicable to another extra dividend.
That the nominal profit resulting to the bank, from each of its offices of discount and deposit, could not be ascertained without an investigation of all the weekly returns made to this Department; and that there are no returns from which the actual loss sustained by each office can be known.
But, that the statement (B) shows the permanent capital given to each office of discount and deposit; the balance due in account current by the offices of the bank, (exclusive and in addition to the said permanent capital,) on the 27th day of March last; the amount of the notes actually discounted and due to the bank by the last returns, specifying the amount discounted at Philadelphia, and at each office respectively; and an estimate of the gross amount of the annual expenses and losses of the bank, including its several offices, by which it appears that the annual expenses, being about $125,000 a year, the ascertained losses must in the whole have amounted to about $35,000 a year.
All which is respectfully submitted.
ALBERT GALLATIN.
Dividends on United States Bank Stock.
1Dividends falling short of the rate of 8 per cent. per annum.
2Including extra dividends.
Statement of the capital of the several branches, and of the Bank of the United States, and of the amount of discounts by the last received returns.
Estimate of the expenses and losses of the Bank.
Six per cent, on $17,000,000, estimated as per above, as the amount usually loaned on interest, is, per annum, $1,020,000 – to wit:
Tuesday, April 10
The Mississippi River Pirate, Mason
Mr. Clay presented the petition of Elisha Winters, stating that, in the years 1801, 1802, and 1803, the wilderness from Natchez to Kentucky, and the river Mississippi, was infested by a notorious gang of highway robbers, headed by a certain Samuel Mason, and that the petitioner was the means by which the said Mason was killed, two of his accomplices apprehended and executed, and the remainder of the banditti dispersed, and praying he may be allowed the reward offered for the apprehension of the said Mason by the President of the United States, or by the then Governor of the Mississippi Territory; and the petition was read, and referred to a select committee, to consider and report thereon; and Messrs. Clay, Whiteside, and Crawford, were appointed the committee.
The Senate resumed, as in Committee of the Whole, the bill for the establishment of a Quartermaster's department; and it was agreed that the further consideration thereof be postponed until to-morrow.
Tuesday, April 17
The Vice President being absent, the Senate proceeded to the election of a President pro tem., as the constitution provides; and the Hon. John Gaillard was elected.
Ordered, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in the absence of the Vice President, elected the Hon. John Gaillard, President of the Senate pro tempore.
Ordered, That the Secretary make a like communication to the House of Representatives.
Wednesday, April 18
National Bank
The Senate resumed, as in Committee of the Whole, the bill making provision for the establishment of a National Bank.
On motion, by Mr. Hillhouse, to strike out the first section of the bill, the Senate was equally divided – yeas 15, nays 15, as follows:
Yeas. – Messrs. Brent, Champlin, German, Gilman, Goodrich, Hillhouse, Horsey, Lloyd, Meigs, Pickering, Pope, Reed, Smith of New York, Tait, and Whiteside.
Nays. – Messrs, Anderson, Bayard, Bradley, Clay, Condit, Crawford, Franklin, Gaillard, Giles, Gregg, Lambert, Leib, Smith of Maryland, Sumter, and Turner.
So the question was lost.
Friday, April 20
Territory of Orleans
The Senate resumed, as in Committee of the Whole, the bill to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes; and on motion, by Mr. Clay, to amend the bill, by adding at the end of the third section the following words:
"Provided further, That the said convention shall, by an article in the constitution so to be formed, irrevocable without the consent of the United States, provide, that, after the admission into the Union of the said Territory of Orleans as a State, the laws which such State may pass shall be promulgated, and its records of every description shall be preserved, and its written, judicial, and legislative proceedings conducted, in the language in which the laws and the written, judicial, and legislative proceedings of the United States are now published and conducted:"
It was determined in the affirmative – yeas 17, nays 12, as follows:
Yeas. – Messrs. Bayard, Campbell, Champlin, Clay, Giles, Gilman, Goodrich, Horsey, Lambert, Leib, Lloyd, Meigs, Pickering, Pope, Smith of Maryland, Smith of New York, and Turner.
Nays. – Messrs. Anderson, Bradley, Condit, Crawford, Franklin, Gaillard, German, Gregg, Hillhouse, Reed, Sumter, and Whiteside.
Wednesday, April 25
National Bank
The Senate resumed, as in Committee of the Whole, the bill making provision for the establishment of a National Bank. And on motion, by Mr. Bayard, that the further consideration thereof be postponed until the first Monday in December next, it was determined in the affirmative – yeas 17, nays 14, as follows:
Yeas. – Messrs. Bayard, Bradley, Brent, Champlin, Crawford, German, Gilman, Goodrich, Hillhouse, Horsey, Lloyd, Pickering, Pope, Reed, Smith of New York, Sumter, and Turner.
Nays. – Messrs. Anderson, Clay, Condit, Franklin, Gaillard, Giles, Gregg, Lambert, Leib, Mathewson, Meigs, Robinson, Smith of Maryland, and Whiteside.
Thursday, April 26
The Senate resumed, as in Committee of the Whole, the bill, entitled "An act providing for the sale of certain lands in the Indiana Territory, and for other purposes;" and having agreed to the amendments reported by the select committee, the President reported it to the House accordingly; and on the question, Shall this bill be read the third time, as amended? it was determined in the affirmative.
Mr. Gilman, from the committee, reported the bill allowing compensation to Robert Robinson correctly engrossed; and the bill was read the third time; and the blank having been filled with the words five hundred—
Resolved, That this bill pass, and that the title thereof be "An act allowing compensation to Robert Robinson."
The Senate resumed the motion made yesterday on the subject, which was amended and agreed to, as follows:
Resolved, That the Secretary of the Treasury be directed to lay before the Senate a statement of all claims which have been adjusted and allowed at the Treasury Department, in virtue of the law entitled "An act providing for the settlement of the claims of persons, under particular circumstances, barred by the limitations heretofore established;" and also, a statement of the balances standing in the books of the Treasury against the United States, which are barred by the statute of limitations, together with his opinion whether the said statute can be modified or repealed, as to that or any other description of claims, without subjecting the Government to imposition.
Mr. Clay gave notice that to-morrow he should ask leave to bring in a bill, supplementary to an act, entitled "An act for the punishment of certain crimes against the United States."
The bill entitled "An act authorizing a loan of money, for a sum not exceeding the amount of the principal of the public debt reimbursable during the year one thousand eight hundred and ten," was read the second time, and referred to a select committee, to consist of five members, to consider and report thereon, and Messrs. Smith of Maryland, Crawford, Lloyd, Franklin, and Hillhouse, were appointed the committee.
Territory of Orleans
The Senate resumed, as in Committee of the Whole, the bill to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes; together with the amendments reported thereto by the select committee. On motion, by Mr. Hillhouse, to add, at the end of the bill, the following words:
"Provided, That the several States shall assent thereto, or an amendment to the Constitution of the United States shall authorize Congress to admit said Territory of Orleans into the Union, on the footing of the original States:"
It was determined in the negative – yeas 8, nays 20, as follows:
Yeas. – Messrs. Champlin, German, Goodrich, Hillhouse, Horsey, Lloyd, Pickering, and Reed.
Nays. – Messrs. Anderson, Brent, Clay, Condit, Crawford, Franklin, Gaillard, Giles, Gilman, Gregg, Lambert, Leib, Mathewson, Meigs, Pope, Smith of Maryland, Sumter, Tait, Turner, and Whiteside.
And the report of the select committee having been agreed to, and the bill further amended, the President reported it to the House accordingly. On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative – yeas 18, nays 9, as follows;
Yeas. – Messrs. Anderson, Brent, Clay, Condit, Crawford, Franklin, Gaillard, Giles, Gregg, Lambert, Lloyd, Mathewson, Meigs, Smith of Maryland, Sumter, Tait, Turner, and Whiteside.
Nays. – Messrs. Champlin, German, Gilman, Goodrich, Hillhouse, Horsey, Leib, Pickering, and Reed.
Monday, April 30
Barred Claims
The President communicated the report of the Secretary for the Department of the Treasury, made in pursuance of the resolution of the Senate of the 26th instant, on the subject of claims barred by the statute of limitations; and the report was read, as follows:
Treasury Department, April 28, 1810
Sir: I have the honor to transmit a report prepared in obedience to the resolution of the Senate, of the twenty-six instant. I have the honor to be, &c.,
ALBERT GALLATIN.
To the Honorable the President of the Senate:
The Secretary of the Treasury, in obedience to the resolution of the Senate, of the 26th instant, respectfully reports —
That it appears, by the letter from the Register of the Treasury, herewith transmitted, that the statement of all the claims adjusted and allowed, by virtue of the act, entitled "An act providing for the settlement of the claims of persons under particular circumstances, barred by the limitations heretofore established," cannot be completed before the day contemplated for the adjournment of Congress, but will be prepared so as to be laid before the Senate at the commencement of their next session.
That the statement (A) herewith transmitted, exhibits the amount of the balances standing on the books of the Treasury against the United States, which are barred by the statutes of limitation, and arranged under the following heads, viz:
That so far as relates to the said balances, which result altogether from accounts actually settled at the Treasury, the statute of limitation can be repealed without subjecting the Government to imposition; but that considering the length of time which has elapsed since the claims have been barred, and the little value on that account affixed to them, the repeal of the statute, unless properly guarded in that respect, may not generally benefit the rightful claimants.
And that with the exception of those balances, it is not believed that it would be safe to repeal the statute of limitation in relation to any other general description of claims; although there may be special cases in which, notwithstanding the lapse of time, the proper proofs and checks may still exist, so as to prevent any imposition on the public.
All which is respectfully submitted.
ALBERT GALLATIN.
Tuesday, May 1
Barred Claims
Mr. Hillhouse, from the same committee, further reported as follows:
Resolved, That the Secretary for the Department of the Treasury report to the Senate, at their next meeting, the necessary provisions for guarding the Treasury of the United States from fraud and imposition on the removal of the statute of limitations, in relation to the following claims mentioned in his report of the 28th of April, 1810, viz:
1. Loan office certificates.
2. Indents for interest on the public debt.
3. Final settlement certificates.
4. Commissioners' certificates.
5. Army certificates.
6. Credits given in lieu of Army certificates cancelled.
7. Credits for the pay of the Army, for which no certificates were issued.
8. Invalid pension.
Also, how far the statute of limitations may with safety be removed, as to claims for personal services rendered in the Army of the United States, during the Revolutionary war, and the guard and checks necessary and proper to be adopted.
And the report was considered and agreed to.
Adjournment
Mr. Crawford, from the joint committee, reported that they had waited on the President of the United States, who informed them that he had no further communication to make to the two Houses of Congress.
Ordered, That the Secretary notify the House of Representatives that the Senate, having finished the business before them, are about to adjourn.
The Secretary having performed that duty, the President adjourned the Senate without delay.
ELEVENTH CONGRESS. – SECOND SESSION.
PROCEEDINGS AND DEBATES
IN
THE HOUSE OF REPRESENTATIVES
Monday, November 27, 1809
This being the day appointed by law for the meeting of Congress, the following members of the House of Representatives appeared, and took their seats, to wit:
From New Hampshire– Daniel Blaisdell, and Nathaniel A. Haven.
From Massachusetts– Ezekiel Bacon, Richard Cutts, William Ely, Barzillai Gannett, Josiah Quincy, Sam'l Taggart, Charles Turner, jr., Jabez Upham, Joseph B. Varnum, (the Speaker,) and Laban Wheaton.
From Vermont– William Chamberlin, Martin Chittenden, Jonathan H. Hubbard, and Samuel Shaw.
From Rhode Island– Richard Jackson.
From Connecticut– Epaphroditus Champion, Samuel W. Dana, John Davenport, Jonathan O. Mosely, Timothy Pitkin, junior, Lewis B. Sturges, and Benjamin Tallmadge.
From New York– James Emott, Jonathan Fisk, Thomas R. Gold, Robert Le Roy Livingston, Peter B. Porter, Erastus Root, Ebenezer Sage, Thomas Sammons, John Thompson, and Killian K. Van Rensselaer.
From New Jersey– Adam Boyd, James Cox, William Helms, Jacob Hufty, Thomas Newbold, and Henry Southard.
From Pennsylvania– William Anderson, David Bard, Robert Brown, William Crawford, Aaron Lyle, William Milnor, John Porter, John Rea, Matthias Richards, John Smilie, George Smith, Samuel Smith, and Robert Whitehill.
From Maryland– Charles Goldsborough, John Montgomery, Nicholas R. Moore, Roger Nelson, and Archibald Van Horne.
From Virginia– Burwell Bassett, James Breckenridge, John Clopton, John Dawson, John W. Eppes, Thomas Gholson, junior, Peterson Goodwyn, John G. Jackson, Joseph Lewis, junior, John Love, Thomas Newton, John T. Roane, John Smith, and James Stephenson.
From North Carolina– Willis Alston, junior, James Cochran, William Kennedy, Nathaniel Macon, Archibald McBride, Joseph Pearson, Lemuel Sawyer, and Richard Stanford.
From South Carolina– Lemuel J. Alston, William Butler, Joseph Calhoun, Robert Marion, Thomas Moore, and John Taylor.
From Georgia– Howell Cobb, and George M. Troup.
From Ohio– Jeremiah Morrow.
From Kentucky– Joseph Desha, Benjamin Howard, Richard M. Johnson, and Samuel McKee.
From Tennessee– Pleasant M. Miller, John Rhea, and Robert Weakley.
From Mississippi Territory– George Poindexter.
From Indiana Territory– Jonathan Jennings.
From Orleans Territory– Julien Poydras.
Adam Seybert, returned to serve as a member of this House, for the State of Pennsylvania, in the room of Benjamin Say, resigned, appeared, produced his credentials, was qualified, and took his seat.
Jonathan Jennings, returned to serve as a Delegate from the Territory of Indiana, appeared, produced his credentials, was qualified, and took his seat.
A quorum, consisting of a majority of the whole number, being present, Mr. Goodwyn and Mr. Root were appointed a committee on the part of the House, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them.
Tuesday, November 28
Several other members, to wit: from New Hampshire, John C. Chamberlain and James Wilson; from Rhode Island, Elisha R. Potter; from Pennsylvania, William Findlay and Daniel Heister; from Virginia, Matthew Clay and Jacob Swoope; and from North Carolina, John Stanley, appeared, and took their seats in the House.
A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business. They have appointed a committee on their part, jointly with the committee appointed on the part of this House, to inform the President that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make them.
The Speaker laid before the House a certificate of the election of Adam Seybert, to serve as a member for the State of Pennsylvania, in the room of Benjamin Say, resigned; which was read, and, together with the certificate of the election of Jonathan Jennings, the delegate from the Territory of Indiana, referred to the Committee of Elections.
Wednesday, November 29
Several other members, to wit: from New York, John Nicholson; from Maryland, John Brown; and from Virginia, Walter Jones, appeared, and took their seats in the House.
Thursday, November 30
Several other members, to wit: from New Hampshire, William Hale; from Massachusetts, Gideon Gardner and Ezekiel Whitman; and from New York, Vincent Matthews, appeared, and took their seats in the House.
The Speaker laid before the House the following letter, which was read:
Respect for the House
To the Speaker of the House of Representatives:
Sir: An occurrence having recently taken place between a member of the House of Representatives and myself, produced by circumstances not at all connected with his official duties or opinions, which from the time and place may be considered disrespectful to the House of Representatives, I take the liberty of tendering through you my most respectful declarations, that I am the last who would wilfully manifest a deficiency of that reverence which is due to the Representatives of my country, or that sacred regard which is also due to their privileges.
To yourself, sir, personally, I tender the assurances of my very great respect.
I. A. COLES.7
November 29, 1809.
[No order having been taken on it, the letter lies on the table of course.]
