APRIL, 1806.

Ex-Bashaw of Tripoli.

SENATE.

measures, are, to my mind, not only substantial, himself; but Mr. Nissen says it, in a postscript to but unanswerable. Those in the letter to Mr. a letter written by Captain Bainbridge, and which Lear, on the subject of negotiation with the reign- he therefore must have known of before it was ing Bashaw, are cogent and forcible. The report sent; and, besides this, there are several other of your committee indeed calls them pretended letters of Captain Bainbridge, among the unprintreasons, and imputes them to Mr. Lear. It says, ed documents, in which he assumes the style of a the committee will not condescend to enter into a strong suppliant for peace. To the same effect is consideration of them. Sir, I am very sorry for the following extract from Mr. Lear's letter to the it. I believe sincerely, that if they had conde- Secretary of State, giving an account of the nescended thus far, they would have found the rea-gotiation-"At 11 A. M., June 1st, our unfortunate sons were solid and weighty; that they were well deserving of all the consideration which they thought proper to deny them. They did condescend to speak the language of reproach and bitter censure upon an officer of high trust and confi-assured me that the Americans would not be

เ

countryman, Captain Bainbridge, came on board, who had been permitted to come off under the guaranty of the Danish consul, and Sidi Mahomet Dghies, the Minister of Foreign Affairs. He

dence, far distant from his country, and thus delivered until a treaty of peace should be made unable to defend himself. They did condescend with the Bashaw, as peace was more his object thus to accuse him in the face of the President's than the sum he might get for the captives; and Message, which declares that he had perfectly as it was our intention to conclude a treaty, it understood, and faithfully executed, the real in-would be cruel to let our countrymen languish in tentions of the Executive whose minister he is. captivity, merely on the punctilio of negotiating They did condescend to condemn him unheard, a treaty before or after their delivery, as whatever upon evidence, to say the least, very questionable; related to them was already understood." The and I cannot think it would have been unbecom- chairman of the committee has told us that Mr. ing their dignity, to give a moment of considera-Nissen, who was merely a consul, could not be so tion to the reasons alleged for his conduct. That well informed as Mr. Wormeley, whether the condescension which the committee denied him, prisoners were in danger or not. How his testiI hope this Senate will freely grant. It will mony can lose any of its weight from his being a exalt rather than debase even the Senate of the consul, I am at a loss to imagine. He was indeed United States, to consider the reasons alleged in a consul; he was also that friend of our country, behalf of a fellow-citizen, and fellow-servant of that friend of humanity, whose benevolence and the public, accused of having betrayed his trust kind attentions to our fellow-citizens in captivity and disgraced his country. It is the more sur- have been acknowledged by a solemn vote of prising, sir, that the committee should have treated thanks passed by both Houses of Congress during with such contempt the reasons for negotiating the present session; and from his situation at the the peace, when we find by their own statement time, I should suppose his means of information that the first of these reasons is the danger of the must have been greater than those of a prisoner in American prisoners in Tripoli. The committee close confinement. Besides, sir, although we now say they think it had no foundation; but if this are acquainted with Mr. Wormeley's opinion, it was their opinion, might not Commodore Barron could not be known to Commodore Barron or Mr. and Mr. Lear, without being idiots or traitors, Lear, then. He had no access to them, nor they have another? It is indeed a little singular that to him. They acted on the information they had, the letter from Commodore Rodgers, which the and not on that which they could not have. I chairman of the committee has read you, is itself will indeed freely acknowledge that my own conclusive evidence that the danger in which the opinion agrees with that of Mr. Wormeley, and prisoners might be, was the decisive reason for not with that of Mr. Nissen; I do not believe that concluding the peace. He says, indeed, that he in any event the Bashaw would have sacrificed never thought the prisoners in danger, himself; the lives of our prisoners. I believe he would but he explicitly declares that the apprehension have followed the course most useful to himself, of what the Bashaw in his despair might do with and that, at the last extremity, he would rather them, was the preponderating impulse to the ne- have turned them to such account as he could, gotiation. The report also contains an extract and given them up for peace rather than put them from a letter of Lieutenant Wormeley, then him- to death. This may have been an error in Mr. self a prisoner, and who likewise says that he does Lear; but as far as I can find from the papers not think their lives were in danger. Well, sir, before us, and what does this prove? That Lieutenant Wormeley is a man of intrepidity, not easily terrified. Of this I have no doubt; but it proves no more; for in the same letter he says he was all the time in close confinement, and had very little means of knowing what the Bashaw's intentions were, or what he was likely to have done. On the other hand, you have the testimony of Captain Bainbridge, and of the Danish consul, Nissen. The chairman of the committee tells you that Captain Bainbridge says nothing of that import

"The very head and front of his offending Had this extent-no more."

Yet, sir, when I consider the extreme solicitude manifested through this whole country for the fate of these our unfortunate fellow-citizens, and how anxious we all were for their redemption, I can excuse that error which consisted in too tender a regard for their situations, though I cannot justify it altogether; I certainly never can brand as treachery, what, at worst, was virtue carried too far, on the borders of weakness.

SENATE.

Ex-Bashaw of Tripoli.

APRIL, 1806.

in my opinion, warrant a grant to Hamet Caramalli, I mean the foundation recommended by the President's Message-the liberality and magnanimity of the nation-it would have had my willing vote. But, questionable as the statement of the report appears to me, I see no such principles of duty arising from it, as it alleges, and must therefore vote against the passage of the bill.

WEDNESDAY, April 2.

The bill for the relief of Gilbert C. Russel was

The President's Message, after stating what were really the intentions of this Government in respect to a co-operation with Hamet-after stating that Commodore Barron had most correctly understood these intentions, refers to Hamet's letter of June 29th, as a proof that he himself had alsó understood them, and our engagements with him in the same manner; but the report of the committee, after tacitly rejecting the declaration of the President, after undertaking to disqualify Commodore Barron by his illness, concludes with disqualifying Hamet himself, because he was among strangers, in distress, and in fear of starving. They discredit alike both the parties to the contract, and the only person authorized to the negotiation. Commodore Barron was not a moral agent, for he was sick. The ex-Bashaw was not a moral agent, because he was famished. Why the President was not to be credited, they have indeed left us to conjecture; but it is a new mode of establishing facts, to deny the powers of moral agency to all the persons, who are the best possi-informed the Senate that the House have pro

ble witnesses to the transactions.

The last assertion of the report, for which I can find no sufficient support in the documents before us, and which I shall now notice, is, that the stipulation of the reigning Bashaw, to deliver up his brother, his wife, and children, has not been carried into execution, and that "it is highly probable it was never intended to be." That they have not been delivered up, I suppose to be true. That they have been demanded, does not appear. That they could be demanded before the ratification of the treaty, is at least questionable; but that they will be demanded and obtained, I do trust and believe, for I hope the ratification of the treaty will give us a perfect right to make the demand. I cannot believe, sir, that it was not intended to be executed. Upon what evidence did the committee form this opinion? Was it upon the assertion in Mr. Eaton's letter to the Secretary of the Navy? That, sir, must, I think, be founded upon some mistake; for it intimates that there was a secret article to that effect. Now, sir, we know that this could not be; as an article of the treaty, if secret, we must have known it in this body. It must have been communicated to us. We know that there is no such article as an agreement between the Bashaw and Mr. Lear, no such agreement could take place. Mr. Lear could not possibly make it. Had he incurred the guilt and folly of assenting to such a bargain, it could not take from us the right of insisting, as I hope we shall effectually do, upon the real and formal stipulation of the treaty. Such an intention must have defeated itself.

There are many other facts stated in this report, sir, against the correctness of which objections might be made, but which, as being of minor importance, I leave unnoticed. There may be, and probably are, others which have escaped my observation. According to my view of the documents, the embarrassment would be, not in selecting those, but in finding any to which the conviction of my mind could assent. Had the bill been constructed upon the only foundation which can,

read the second time, and ordered to the third reading.

whom was referred, on the 28th of February last, Mr. WORTHINGTON, from the committee to the bill, entitled "An act to continue in force an act, entitled An act to authorize the Secretary of War to issue land warrants, and for other purposes," reported the bill with amendments; which were read and ordered to lie for consideration.

A message from the House of Representatives ceeded to consider the modification of the amend

ment of the Senate to the bill, entitled "An act to regulate and fix the compensation of the officers of the Senate and House of Representatives;" sentatives doth disagree to the said modification, whereupon, Resolved, That the House of Repreand doth adhere to their disagreement to the said amendment. They have passed a bill, entitled "An act supplementary to the act, entitled 'An act to extend jurisdiction, in certain cases, to the Territorial courts;" also, a bill, entitled "An act to provide for the adjustment of titles of land in the Territory of Michigan and for other purposes;" in which bills they desire the concurrence of the

Senate.

ordered to the second reading.
The two bills last mentioned were read, and

referred, on the 29th of March last, the account of
Mr. BAYARD, from the committee to whom was
expenses for fitting up the Senate Chamber, for
the trial of the impeachment of Judge Chase, signed,
for B. H. Latrobe, John Lenthall, made report;
which was read, and ordered to lie for considera-

tion.

bill for the relief of Hamet Caramalli, ex-Bashaw The Senate resumed the third reading of the of Tripoli; and, on motion to amend the bill, the Senate adjourned.

THURSDAY, April 3.

The resolution reported by the committee, appropriating a sum to discharge the account for fitting up the Senate Chamber for the trial of the impeachment of Judge Chase, was read the second time, and passed to the third reading.

Mr. BAYARD asked and obtained leave of absence for the remainder of the session.

The bill, entitled "An act supplementary to the act, entitled 'An act to extend jurisdiction in certain cases to the Territorial courts," was read the second time, and referred to Mr. MITCHILL, Mr. ADAMS, and Mr. TURNER, to consider and report thereon.

The bill, entitled "An act to provide for the adjustment of titles of land in the Territory of Michigan, and for other purposes," was read the second time, and referred to Mr. TRACY and others, the committee to whom was referred, on the 23d of December last, the Message of the President of the United States on this subject, to consider and report thereon.

SENATE.

Resolved, That the letters of Mr. Eaton, Captain Dent, and Lieutenant Wormeley, in answer to the inquiries stated by the chairman of the committee on the application of Hamet Caramalli, be printed, together with the following letters, to wit:

From Commodore Rodgers to the Secretary of the

The Senate resumed, as in Committee of the Whole, the amendments reported to the bill, en-Navy, of the date of June 8, 1805. titled "An act to continue in force an act, entitled An act to authorize the Secretary of War to issue land warrants, and for other purposes," and having in part adopted the report, the bill was amended and reported to the House accordingly.

From Hamet Bashaw to Commodore Barron, of February 15, 1805.

Ordered, That the bill pass to the third read. ing as amended.

Ordered, That Mr. BRADLEY be on the committee appointed to consider the bill, entitled "An act authorizing a detachment from the militia of the United States," in place of Mr. SMITH of Maryland, President pro tempore.

The bill for the relief of Gilbert C. Russel was read the third time, and passed.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend the act, entitled 'An act to divide the Indiana Territory into two separate governments,' and for other purposes;" also, a bill, entitled "An act making appropriations for the support of the Military Eestablishment of the United States for the year 1806;" in which bills they desire the concurrence of the Senate. The bills were read, and ordered to the second reading.

The Senate took into consideration the resolution of the House of Representatives, adhering to their disagreement to the amendment of the Senate to the bill, entitled "An act to regulate and fix the compensations of the officers of the Senate and House of Representatives," to wit: the insertion of a section to follow the first section of the original bill.

Resolved, That the Senate recede from their said amendment.

The Senate resumed the third reading of the bill for the relief of Hamet Caramalli, ex-Bashaw of Tripoli ;" and, on motion, that the bill, together with the report of the committee of the 17th of March last, be recommitted, it passed in the affirmative-yeas 15, nays 14, as follows:

YEAS-Messrs. Adams, Baldwin, Condit, Gaillard, Gilman, Howland, Kitchel, Logan, Moore, Plumer, Smith of New York, Smith of Vermont, Stone, Sumter, and Turner.

NAYS-Messrs. Adair, Anderson, Bayard, Bradley, Hillhouse, Maclay, Pickering, Smith of Maryland, Smith of Ohio, Smith of Tennessee, Tracy, White, Worthington, and Wright.

From Commodore Barron to Hamet Bashaw, of March 21, 1805.

From Commodore Barron to Captain Hull, of March 23, 1805.

From William Eaton to Commodore Barron, of May 29, 1805.

From Commodore Rodgers to William Eaton, of June 5, 1805.

The remainder of the letter from Tobias Lear to William Eaton, not published before, of June 6, 1805. From William Eaton to Commodore Rodgers, June 13, 1805.

From Tobias Lear to the Secretary of State, dated July 5, 1805.

From the Secretary of State to Tobias Lear, dated June 6, 1804.

FRIDAY, April 4.

The bill entitled "An act making appropriations for the support of the Military Establishment of the United States for the year 1806," was read the second time, and referred to Messrs. STONE, BALDWIN, and ADAIR, to consider and report thereon.

The bill, entitled "An act to divide the Indiana Territory into two separate governments, and for other purposes," was read the second time, and referred to Messrs. WORTHINGTON, TRACY, and BALDWIN, to consider and report thereon.

A message from the House of Representatives informed the Senate that the House concur in the amendments of the Senate to the bill, entitled "An act to repeal so much of the act, entitled 'An act regulating foreign coins, and for other purposes, as is contained in the second section thereof," with amendments to the amendments, in which they request the concurrence of the Senate. They have passed a bill, entitled "An act supplementary to the act making provision for the payment of claims of citizens of the United States on the Government of France;" also, a bill, entitled "An act further to alter and establish certain post roads, and for other purposes;" in which bills they request the concurrence of the Senate. They have passed a joint resolution "that a committee be appointed to confer with a committee of the Senate, on the time that the two Houses of Con

And, on motion, it was agreed that they be regress may adjourn." ferred to the committee who brought in the bill, with the addition of Messrs. ADAMS and SUMTER, further to consider and report thereon.

Mr. SMITH of Ohio, from the committee to whom was referred, on the 31st of March last, the bill to suspend the sale of certain lands in the State of 9th CON.-8

The two bills last mentioned in the message were read, and ordered to the second reading.

Mr. MITCHILL presented the petition of Azariah Egleston and others, praying that a post road may be established, for reasons stated in the petition from the city of Albany, in the State of New York,

to the city of Hartford, in the State of Connecticut, on the Farington river road; and the petition was read, and ordered to lie for consideration.

The Senate took into consideration the amendments of the House of Representatives to their amendments to the bill, entitled "An act to regu late so much of the act, entitled 'An act regulat ing foreign coins, and for other purposes.' as is contained in the second section thereof;" and concurred therein.

The Senate resumed the second reading of the bill to suspend the sale of certain lands in the State of Ohio and the Indiana Territory;" and,

Ordered, That it pass to a third reading. Mr. TRACY, from the committee to whom was referred, on the 28th of January last, the report and estimates of appropriations necessary for the year 1806, asked and obtained leave to report by bill.

The resolution of the House of Representatives for the appointment of a joint committee to confer on the time Congress may adjourn, was read, and ordered to lie for consideration,

The Senate resumed the third reading of the bill entitled "An act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt in payment for lands of the United States, and for other purposes relative to the public debt ;" and on motion to strike out the first section of the bill as follows:

APRIL 1806.

NAYS-Messrs. Adair, Adams, Hillhouse, Pickering, Smith of Maryland, and White.

So it was resolved that this bill pass as amended. The resolution authorizing the payment of the account for fitting up the Senate Chamber for the trial and impeachment of Judge Chase, was read the third time, and agreed to, as follows:

Resolved, That the sum of eight hundred and three dollars and seventeen cents and a half be appropriated, out of the contingent fund, to be applied by the Secretary of the Senate in payment of the balance of the accounts allowed by the President of the Senate for expenses attending the trial of the impeachment of Judge Chase, and remaining unpaid; and to the list of accounts relative to the same object, furnished by John Lenthall for B. H. Latrobe, countersigned by the chairman of this committee.

On motion,

Resolved, That the following documents be printed in addition to those ordered to be printed yesterday:

A letter from Captain W. Bainbridge to Commodore S. Barron, dated 16th March, 1805.

A letter from the Danish Consul, Nissen, to Commodore S. Barron, dated 18th March, 1805. Letters from Captain W. Bainbridge, to Commodore S. Barron, dated 22d March, 1805, and 1st April. A letter from S. Barron, to T. Lear, dated 22d May, 1805.

A letter from S. Baron, to John Rodgers, dated 22d May, 18(5.

A letter from S. Barron, to John Rodgers, dated 25th May, 1805.

"Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of any act or acts as author- Letters from Commodore John Rodgers, to Comize the receipt of evidences of the public debt, in pay-modore S. Barron, dated 28th, 29th, and 30th May, ment for the lands of the United States, shall, from and 1805. after the 30th of April, 1806, be repealed: Provided, That the right of all persons who may have purchased public lands previous to the passage of this act, to pay for the same in stock, shall in no wise be affected or

A letter from the same, to the same, dated 3d June, 1805.

The bill, entitled "An act to continue in force an act, entitled 'An act to authorize the Secretary of War to issue land warrants, and for other purposes." was read the third time as amended..

impaired: And provided further, That there shall be allowed on every payment made at or before the same shall fall due, for the lands purchased before the 30th of Resolved, That this bill pass as amended. April, 1806, in addition to the discounts now allowed Mr. BALDWIN. from the committee to whom by law, a deduction equal to the difference at the time of such payment, between the market price of six per was referred, on the 28th of March last. the bill, cent. stock and the nominal value thereof; which mar-entitled "An act to prohibit the importation of ket price shall, from time time, be stated by the Secretary of the Treasury to the officers of the several land offices:"

YEAS-Messrs. Adair, Adams, Hillhouse, Pickering, Smith of Maryland, Tracy, and White.

NAYS-Messrs. Anderson, Baldwin, Bradley, Condit, Gaillard, Howland, Kitchel, Logan, Maclay, Mitchill, Moore. Plumer, Smith of New York, Smith of Tennessee, Smith of Vermont. Stone, Sumter, Thruston, Turner, Worthington, and Wright.

certain goods, wares, and merchandise," reported the same with amendments; which were read.

The Senate resumed the consideration of the bill for the encouragement of the shipping and navigation of the United States; and the bill was postponed to the first Monday in December next.

The bill making provision for the defence of the Territory of Orleans, and for the disposal of a part of the public land therein. was resumed, and the further consideration of the bill was postponed to the first Monday in December next.

Mr. MITCHILL, from the committee to whom On motion to agree to the final passage of the was referred. on the 24th of March last, the bill, entitled "An act authorizing the erection of a bill as amended. it passed in the affirmative-bridge over the river Potomac, within the District yeas 22. Days 6, as follows: of Columbia," reported it without amendment.

YEAS-Messrs. Anderson, Baldwin, Bradley, Condit, Gaillard, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Plumer, Smith of New York, Smith of Tennesssee, Smith of Vermont, Stone, Sumter, Thruston, Tracy, Turner, Worthington, and Wright.

MONDAY, April 7,

The bill, entitled "An act further to alter and establish certain post roads, and for other pur

poses," was read the second time, and referred to Messrs. ANDERSON, WHITE, and STONE, to consider and report thereon.

The bill, entitled "An act supplementary to the act making provision for the payment of claims

of citizens of the United States on the Govern ment of France," was read the second time, and referred to Messrs. MITCHILL, MOORE, and ANDERSON, to consider and report thereon.

Mr. TRACY, from the committee to whom was referred, on the 29th of March last, the bill, entitled "An act making appropriations for the support of Government for the year 1806," reported the bill with amendments.

Agreeably to leave given, on the 4th instant, Mr. TRACY reported "A bill to regulate and fix the compensation of clerks, and for other purposes;" and the bill was read, and ordered to the second reading.

TUESDAY, April 8.

SENATE.

A Message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for erecting certain lighthouses in the State of Massachusetts; for building a beacon or pier at Bridgeport, in the State of Connecticut; and for fixing buoys in Pamlico Sound, in the State of North Carolina;" also. "a joint resolution authorizing the President of the Senate, and Speaker of the House of Representatives, to adjourn their respective Houses on Wednesday, the 16th of April'instant;" in which bill and resolution they request the concurrence of the Senate. The bill last mentioned was read, and ordered to the second reading.

The resolution last brought up for concurrence was read.

Mr. TRACY, from the committee to whom was referred, on the 28th of March last, the bill in adThe Senate took into consideration the resolu-dition to the act for establishing a Mint, and regution of the House of Representatives for the ap pointment of a joint committee to confer on the time when Congress may adjourn; and

lating the coins of the United States, reported the bill with amendments.

The Senate resumed the third reading of the bill to suspend the sale of certain lands in the State of Ohio and the Indiana Territory; and,

Resolved. That they do not concur therein. Mr. WRIGHT Communicated a resolution of the Legislature of the State of Maryland instructing Resolved, That this bill do pass, that it be entheir Senators and Representatives in Congress grossed, and that the title thereof be "An act to to use their utmost exertions to obtain an amend-suspend the sale of certain lands in the State of ment to the Constitution of the United States to Ohio and the Indiana Territory."

prevent the further importation of slaves; where- A message from the House of Representatives upon. Mr. WRIGHT submitted the following reso-informed the Senate that the House concur in the lutions for the consideration of the Senate:

Resolved, &c. That the following article be proposed to the Legislatures of the several States, as an amend ment to the Constitution of the United States, which, when ratified by three-fourths of the said Legislatures, shall be valid as a part of the said Constitution to wit: Resolved, That the migration or importation of slaves into the United States, or any territory thereof, be prohibited after the first day of January 1808.

amendments of the Senate to the bill, entitled “Au act to repeal so much of any act or acts as au thorize the receipt of evidences of the public debt in payment of lands of the United States, and for other purposes relative to the public debt," with an amendinent to the fourth amendment, and disthereon, and have appointed managers on their agree to the last amendment, a-k a conference part.

The Senate resumed, as in Čommittee of the Whole, the second reading of the bill, entitled The Senate took into consideration the resolu"An act authorizing the erection of a bridge over tion of the House of Representatives, asking a the river Potomac, within the District of Colum-conference on their amendment to the bill last bia," and the bill was reported to the House with- mentioned; and, out amendment.

Resolved. That they do agree to the conference, On the question, Shall this bill pass to the third and that Messrs. TRACY and BALDWIN be manareading? it was determined in the affirmative-gers on the part of the Senate. yeas 17. nays 11. as follows:

YEAS-Messrs. Baldwin, Bradley, Condit, Gaillard,
Gilman, Hillhouse, Howland, Logan, Moore, Pickering,
Plumer, Smith, of New York, Smith, of Tennessee,
Smith, of Vermont, Stone, Sumter, and White.
NAYS-Messrs. Adair, Adams, Anderson, Kitchel,
Maclay, Smith, of Maryland, Thruston, Tracy, Worth-
ington, and Wright.

The bill to suspend the sale of certain lands in the State of Ohio and the Indiana Territory, was read the third time, and the further consideration thereof postponed.

Mr. ADAMS. from the committee to whom was referred, on the 28th of March last, the bill for the regulation of the fees of attorneys, and the officers of the courts of the District of Columbia, and for other purposes, reported the bill with amendments, which were read, and ordered to lie for consider

ation.

The Senate took into consideration, as in Committee of the Whole, the amendments reported on the 7th instant, to the bill entitled "An act making appropriations for the support of Government for the year 1806;" and, having agreed thereto, the further consideration thereof was postponed.

The bill to regulate and fix the compensations of clerks, and for other purposes, was read the second time; and passed to the third reading.

WEDNESDAY, April 9.

Mr. STONE, from the committee to whom was referred, on the 4th instant, the bill, entitled, “Au act making appropriatious for the support of the Military Establishment of the United States for the year 1806," reported the bill without amend

ment.