AUGUST, 1813.] Proceedings. [SENATE. mittee be instructed to reduce the taxes on the fifth | laying duties on sales at auction of merchandise, and sixth grades of carriages in as great a proportion and of ships and vessels," having been reported as they have been reduced on the first, second, third, by the committee correctly engrossed, the bill and fourth grades; or in case they deem it inexpe- was read a third time as amended. dient to reduce the taxes on the fifth and sixth grades, that they report the same with the same rates of taxes it contained when sent from the House of Representatives:" It was determined in the negative-yeas 11, nays 19, as follows: YEAS.-Messrs. Condict, Daggett, Dana, German, Goldsborough, Horsey, Hunter, Lacock, Lambert, Leib, and Mason. On the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 21, nays 11, as follows: YEAS.-Messrs. Bibb, Bledsoe, Brent, Brown, Bullock, Campbell, Chace, Condict, Fromentin, Gaillard, German, Giles, Howell, Lacock, Leib, Morrow, Tait, Taylor, Turner, Varnum, and Worthington. NAYS.-Messrs. Daggett, Dana, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, and Stone. Resolved, That this bill pass with amend NAYS.-Messrs. Bibb, Bledsoe, Brent, Brown, Bullock, Campbell, Chace, Fromentin, Giles, Gilman, Gore, Howell, King, Morrow, Robinson, Tait, Tay-ments. lor, Turner, and Worthington. On the question, Shall this bill pass as amended? it was determined in the affirmative—yeas 20, nays 10, as follows: FRIDAY, July 30. A message from the House of Representatives informed the Senate that they insist on their YEAS.-Messrs. Bibb, Bledsoe, Brent, Brown, Bul-disagreement to the amendments of the Senate lock, Chace, Condict, Fromentin, Gaillard, German, Giles, Howell, Lacock, Leib, Morrow, Robinson, Tait, Taylor, Turner, and Worthington. NAYS.-Messrs. Daggett, Dana, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, and Mason. to the bill, entitled "An act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations, discounted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions;" they agree to the conference proposed on the sub Resolved, That this bill pass with amend-ject, and have appointed managers on their ments. The amendments to the bill, entitled "An act laying duties on licenses to distillers of spirituous liquors," having been reported by the committee correctly engrossed, the bill was read a third time as amended. On the question, Shall this bill pass as amended? it was determined in the affirmative yeas 22, nays 9, as follows: YEAS.-Messrs. Bibb, Bledsoe, Brent, Brown, Bullock, Campbell, Chace, Condict, Fromentin, Gaillard, German, Giles, Gilman, Howell, Lacock, Mason, Morrow, Tait, Taylor, Turner, Varnum, and Worthington. NAYS-Messrs. Daggett, Dana, Goldsborough, Gore, Horsey, Hunter, King, Lambert, and Stone. Resolved, That this bill pass with amend ments. The amendments to the bill, entitled "An act laying duties on sugar refined within the United States," having been reported by the committee correctly engrossed, the bill was read a third time as amended. part. SUNDAY, August 1. The bill, entitled" An act allowing a bounty to the owners, officers, and crews, of the private armed vessels of the United States," was resumed as in Committee of the Whole. On the question, Shall this bill pass to a third reading? it was determined in the affirmativeyeas 16, nays 6, as follows: YEAS.-Messrs. Anderson, Bledsoe, Brown, Bullock, Condict, Gaillard, Giles, Howell, Lacock, Morrow, Robinson, Stone, Tait, Taylor, Turner, and Varnum. NAYS.-Messrs. Gilman, Goldsborough, Gore, King, Lambert, and Wells. By unanimous consent, the bill was read a third time, and passed. MONDAY, August 2. Resolved, That Messrs. VARNUM and GAILLARD be a committee on the part of the Senate, On the question, Shall this bill pass as amend-jointly with such committee as may be appointed? it was determined in the affirmative-yeased by the House of Representatives, to wait on 20, nays 10, as follows: the President of the United States, and notify him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn. YEAS.-Messrs. Bibb, Bledsoe, Brent, Brown, Bullock, Campbell, Chace, Condict, Fromentin, Gaillard, Giles, Howell, Lacock, Leib, Morrow, Tait, Taylor, Turner, Varnum, and Worthington. NAYS.-Messrs. Daggett, Dana, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, and Stone. Resolved, That this bill pass with amend ments. The amendments to the bill, entiled "An act A message from the House of Representatives informed the Senate that the House of Repre sentatives have appointed a committee on their part, to wait on the President of the United States, and notify him of the intended recess of Congress. Mr. VARNUM, from the committee, reported Confidential Executive Proceedings. that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress. Whereupon, the VICE PRESIDENT, agreeably to the resolution of the two Houses, adjourned the Senate to the first Monday in December next. CONFIDENTIAL EXECUTIVE PROCEEDINGS. MONDAY May 31. The following is an extract of a Message this day received from the PRDSIDENT OF THE UNITED STATES: To the Senate of the United States: of peace and commerce with Great Britain, and of of the Department of the Treasury; and, in case of commerce with Russia, retains the office of Secretary his so retaining the same, to inform the Senate under what authority, and by whom, the powers and duties of the head of the Treasury Department are discharged during the absence of Albert Gallatin from the United States. THURSDAY, June 3. Commissions having been granted during the recess of the Senate, to the following persons, I now nominate them to the same offices respectively an- resolution submitted yesterday, by Mr. King; The Senate proceeded to consider the first nexed to their names: Albert Gallatin, John Q and, on the question, "Will the Senate agree Adams, and James A. Bayard, to be jointly and severally Envoys Extraordinary and Ministers Pleni- thereto?" it was determined in the negative potentiary, to negotiate and sign a Treaty of Peace-yeas 13, nays 18, as follows: with Great Britain, under the mediation of the Emperor of Russia; to negotiate and sign a Treaty of Commerce with Great Britain; and the said John Quincy Adams, Albert Gallatin, and James A. Bayard, to be jointly and severally Envoys Extraordinary and Ministers Plenipotentiary, to negotiate and sign a Treaty of Commerce with Russia. JAMES MADISON. WASHINGTON, May 29, 1813. consideration. YEAS.-Messrs. Anderson, Daggett, Dana, German, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Leib, and Smith. NAYS.-Messrs. Bledsoe, Brent, Brown, Bullock, Campbell, Chace, Condict, Cutts, Gaillard, Lacock, Morrow, Robinson, Stone, Tait, Taylor, Turner, Varnum, and Worthington. The Senate proceeded to consider the second resolution, submitted yesterday by Mr. KING; and, on the question to agree thereto, it was determined in the negative. The Senate proceeded to the consideration of the third resolution, submitted yesterday by Mr. KING; and, on the question, "Will the Senate agree thereto?" it was determined in the affirmative. resolution before the President of the United Ordered, That the Secretary lay the said States. MONDAY, June 7. Resolved, That the President of the United States be requested to cause to be laid before the Senate copies of the communications from the Emperor of Russia, offering his mediation to bring about a peace between the United States and Great Britain, to-To the Senate of the United States: gether with copies of the answers to such communications, and noticing the dates at which the same were respectively received and answered. The following Message was received from the PRESIDENT OF THE UNITED STATES: Resolved, That the President of the United States be requested to cause to be laid before the Senate, copies of the commissions granted to Albert Gallatin, John Q. Adams, and James A. Bayard, to negotiate Treaties of Peace and Commerce with Great Britain, and a Treaty of Commerce with Russia. Resolved, That the President of the United States be requested to inform the Senate whether Albert Gallatin, commissioned as one of the Envoys to treat In compliance with their resolution, of the 3d instant, the Senate are informed that the office of the Secretary of the Treasury is not vacated, and that, in the absence of Albert Gallatin, commissioned as one of the Envoys to treat with Great Britain and Russia, the duties of that office are discharged by William Jones, Secretary of the Navy, authorized therefor according to the provisions of the act of Congress, entitled "An act making alterations in the Treasury and War Departments," passed May 8, 1792. WASHINGTON, June 3, 1813. JAMES MADISON. Confidential Executive Proceedings. WEDNESDAY, June 9. The Senate resumed the consideration of the nomination of Albert Gallatin. A motion was made by Mr. ANDERSON to refer the said nomination to the consideration of a select committee, together with the Message of the 7th of June; and the Senate adjourned. THURSDAY, June 10. The Senate resumed the consideration of the nomination of Albert Gallatin, together with the motion to refer the consideration thereof to a select committee, as also the Message of the President of the United States, received the 7th June, to inquire and report thereon. On the question to agree to the motion for reference, it was determined in the affirmative yeas 20, nays 14, as follows: WEDNESDAY, June 16. The Senate resumed the consideration of the resolutions submitted by Mr. ANDERSON, on the 14th instant; and, on the question to agree to the first resolution, it was determined in the affirmative-yeas 20, nays 14, as follows: YEAS.-Messrs. Anderson, Bledsoe, Brown, Daggett, Dana, Fromentin, Gaillard, German, Giles, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Leib, Smith, Stone, and Wells. Condict, Howell, Lacock, Morrow, Robinson, Tait, Resolved, That, in the opinion of the Senate, the powers and the duties of the Secretary of the Department of the Treasury, and those of an Envoy Extraordinary to a foreign power, are so incompatible, that they ought not to be and remain united in the same person. On the question to agree to the second resoGil-lution, it was determined in the affirmative— yeas 20, nays 14, as follows: YEAS-Messrs. Anderson, Bledsoe, Brown, Daggett, Dana, Fromentin, Gaillard, German, Giles, man, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Leib, Smith, Stone, and Wells. NAYS.-Messrs. Brent, Bullock, Campbell, Chace, Condict, Cutts, Lacock, Morrow, Robinson, Tait, Taylor, Turner, Varnum, and Worthington. YEAS.-Messrs. Anderson, Bledsoe, Brown, Daggett, Dana, Fromentin, Gaillard, German, Giles, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Resolved, That the nomination of Albert Gal-Leib, Smith, Stone, and Wells. latin, together with the Message of the President of the United States received the 7th instant, relative to the said nomination, be refer red to Messrs. ANDERSON, KING, GILES, BROWN, and BLEDSOE, to inquire and report thereon. MONDAY, June 14. Mr. ANDERSON, from the committee appointed on the 10th instant, on the nomination of Albert Gallatin, reported: 66 'That, in obedience to the resolution authorizing the committee to inquire and report thereon, he had addressed a letter to the President of the United States, enclosing a copy of the resolution under which the committee were appointed; that he afterwards called on the President of the United States, who informed him that he did not consider the authority given to the committee, by the resolution, such as to authorize them to call on him in their official character; but that, if they were especially instructed to call on him he would freely receive them and appoint a time for that purpose." And Mr. ANDERSON submitted the following resolutions for consideration, which were read: Resolved, That, in the opinion of the Senate, the powers and duties of the Secretary of the Department of the Treasury, and of those of an Envoy Extraordinary to a foreign power, are so incompatible, that they ought not to be, and remain, united in the same person. Resolved, That the committee to whom was referred the nomination of Albert Gallatin, (Secretary of the Department of Treasury,) as an Envoy Extraordinary to treat of peace and commerce with Great Britain, and of commerce with Russia, be instructed to communicate the foregoing resolution to the President of the United States, and respectfully to confer with him upon the matter thereof. NAYS.-Messrs. Brent, Bullock, Campbell, Chace, referred the nomination of Albert Gallatin, Sec- MONDAY, July 19. Whereupon, the nominations of Albert Gallatin John Q. Adams, and James A. Bayard, agreeably to the Message of the President of the United States of the 31st of May last, were resumed. On the question, "Will the Senate advise and consent to the appointment of Albert Gallatin?" it was determined in the negative-yeas 17, nays 18, as follows: YEAS.-Messrs. Bibb, Bledsoe, Brent, Brown, Bullock, Campbell, Chace, Condict, Howell, Lacock, Morrow, Robinson, Tait, Taylor, Turner, Varnum, and Worthington. NAYS.-Messrs. Anderson, Daggett, Dana, Fromentin, Gaillard, German, Giles, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Leib Mason, Smith, and Stone. On motion by Mr. WORTHINGTON, to postpone the nominations of John Q. Adams and James A. Bayard until to-morrow, it was determined in the negative. On motion by Mr. BULLOCK, that the nominations of John Q. Adams and James A. Bayard be postponed until to-morrow, it was Confidential Executive Proceedings. determined in the negative-yeas 16, nays 19, | from the Executive Journal, comprehending as follows: YEAS.-Messrs. Bibb, Brent, Bullock, Campbell, Chace, Condict, Gaillard, Howell, Lacock, Morrow, Robinson, Tait, Taylor, Turner, Varnum, and Worthington. NAYS.-Messrs. Anderson, Bledsoe, Brown, Daggett, Dana, Fromentin, German, Giles, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Leib, Mason, Smith, and Stone. On the question, "Will the Senate advise and consent to the appointment of John Q. Adams?" it was decided in the affirmative-yeas 29, nays 4, as follows: the several Messages from the President of the United States, with the documents and the proceedings of the Senate on the nomination of Jonathan Russell to be Minister Plenipotentiary of the United States to Sweden. MONDAY, May 31. The following Message was received from the The Swedish Government having repeatedly manifested a desire to exchange a public Minister with the YEAS.-Messrs. Anderson, Bledsoe, Brent, Brown, that view, and other considerations occurring to render United States, and having lately appointed one with Bullock, Chace, Condict, Daggett, Fromentin, Gail-it advisable at this period to make a corresponding lard, Giles, Gilman, Goldsborough, Gore, Horsey, appointment, I nominate Jonathan Russell, of Rhode Howell, Hunter, King, Lambert, Leib, Mason, Mor- Island, to be Minister Plenipotentiary of the United row, Robinson, Smith, Stone, Tait, Taylor, Turner, States to Sweden. and Worthington. NAYS.-Messrs. Dana, German, Lacock, and Var num. On the question, "Will the Senate advise and consent to the appointment of James A. Bayard?" it was determined in the affirmative-yeas 27, nays 6, as follows: YEAS-Messrs. Anderson, Bibb, Bledsoe, Brent, Brown, Bullock, Chace, Daggett, Fromentin, Gaillard, Giles, Gilman, Goldsborough, Gore, Horsey, Howell, Hunter, King, Lambert, Leib, Mason, Smith, Stone, Tait, Taylor, Turner, and Worthington. NAYS.-Messrs. Dana, German, Lacock, Morrow, Robinson, and Varnum. Resolved, That the Senate do advise and consent to the appointments of John Q. Adams and James A. Bayard, agreeably to their nominations, respectively; and that they do not advise and consent to the appointment of Albert Gallatin. Ordered, That the Secretary lay the aforegoing resolution before the President of the United States. SATURDAY, July 31. MAY 29, 1813. JAMES MADISON. The Message was read, and ordered to lie for consideration. TUESDAY, June 1. The Senate took into consideration the Mes sage from the President of the United States of yesterday, nominating Jonathan Russell to of fice; and, on motion by Mr. GOLDSBOROUGH, the further consideration thereof was postponed. Mr. GOLDSBOROUGH submitted the following motion for consideration; which was read: Resolved, That the President of the United States be requested to inform the Senate when, and by whom, the first intelligence was officially communithe Berlin and Milan decrees, and at what time the cated to the Department of State, of the repeal of first official information of the repeal of these decrees was given to the American Chargé des Affaires at Paris. WEDNESDAY, June 2. The Senate resumed the consideration of the nomination of Jonathan Russell, together with the motion submitted yesterday by Mr. GOLDSBOROUGH; and, on motion by Mr. KING, the motion was amended and agreed to as follows: On motion, by Mr. DANA, that on application of any member of the Senate, an extract be furnished from the Executive record comprehending the Messages of the President of the United States, in relation to the nomination of Jonathan Russell, to be Minister Plenipotentiary of the Resolved, That the President of the United States United States to Sweden, and the proceedings be requested to inform the Senate whether any comof the Senate thereon, it was determined in the munication has been received from Jonathan Rusaffirmative-yeas 15, nays 11, as follows: sell, admitting or denying the declaration of the Duke of Bassano to Mr. Barlow, that he had informYEAS-Messrs. Anderson, Dana, Fromentin, Gail-ed his predecessor of the repeal of the Berlin and lard, German, Giles, Gilman, Goldsborough, Gore, Milan decrees at the date of that decree. Hunter, King, Lambert, Leib, Turner, and Wells. NAYS.-Messrs. Brent, Bullock, Campbell, Howell, Lacock, Morrow, Stone, Tait, Taylor, Varnum, and Worthington. MONDAY, August 2. On motion, by Mr. LEIB, Ordered, That the Secretary cause to be printed, for the use of the Senate, an extract Ordered, That the resolution, together with the nomination of Jonathan Russell, be referred to Mr. GOLDSBOROUGH, Mr. ANDERSON, and Mr. KING, to consider and report thereon. MONDAY, June 7. Nomination of Jonathan Russell. Mr. GOLDSBOROUGH, from the committee to Confidential Executive Proceedings. whom was referred, on the 2d instant, the nom- | tion is to commission them to confer, not with the ination of Jonathan Russell, reported: That in pursuance of the order of the Senate, the committee met the Secretary of State by appointment at the office of the Department of State, when they were informed by the Secretary, that there was no official denial or admission of Mr. Jonathan Russell, that the allegation of the Duke of Bassano to Mr. Barlow, referred to, was true; but that he (the Secretary) had a private letter from Mr. Russell subsequent to the allegation of the Duke of Bassano, in which he understood that allegation to be unequivocally denied. And, on motion, it was ordered that the further consideration of said nomination be postponed. Mr. GOLDSBOROUGH submitted the following motion for consideration, which was read: Resolved, That it is inexpedient at this time to send a Minister Plenipotentiary to Sweden. MONDAY, June 14. The President declines conferring with a Committee of the Senate. co-ordinate body itself, but with a committee of that body: and although both branches of the Legislature may be too numerous to hold conveniently a ed by either to confer with the entire body of the conference with committees, were they to be appointother, it may be fairly presumed, that if the whole number of either branch were not too large for the purpose, the objection to such a conference, being against the principle, as derogatory from the coordinate relations of the two Houses, would retain all its force. The Senate resumed the consideration of the The following Message was received from the nomination of Jonathan Russell, of Rhode IslPRESIDENT OF THE UNITED STATES: To the Senate of the United States: I have received from the committee appointed by the resolution of the Senate of the 14th day of June, a copy of that resolution, which authorizes the committee to confer with the President on the subject of the nomination made by him of a Minister Plenipotentiary to Sweden. Conceiving it to be my duty to decline the proposed conference with the committee, and it being uncertain when it may be convenient to explain to the committee, and through them to the Senate, the grounds of my so doing, I think it proper to address the explanation directly to the Senate. Without entering into a general review of the relations in which the constitution has placed the several departments of the Government to each other, it will suffice to remark, that the Executive and Senate, in the cases of appointments to office and of treaties, are to be considered independent and co-ordinate with each other. If they agree, the appointments or treaties are made. If the Senate disagree, they fail. If the Senate wish information previous to their final decision, the practice, keeping in view the constitutional relation of the Senate and Executive, has been, either to request the Executive to furnish it, or refer the subject to a committee of their body to communicate, either formally or informally, with the head of the proper department. The appointment of a committee of the Senate to confer immediately with the Executive himself, appears to lose sight of the co-ordinate relation between the Executive and the Senate, which the constitution has established, and which ought therefore to be maintained. The relation between the Senate and House of Representatives, in whom legislative power is concurrently vested, is sufficiently analogous to illustrate that between the Executive and Senate in making appointments and treaties. The two Houses are in like manner independent of and co-ordinate with each other; and the invariable practice of each in appointing committees of conference and consulta and, to be Minister Plenipotentiary to Sweden, together with the motion of Mr. GOLDSBOROUGH, under consideration yesterday, thereon; and, on the question to agree to the motion, it was determined in the affirmative—yeas 22, nays 14, as follows: YEAS.-Messrs. Anderson, Bibb, Bledsoe, Brown, Daggett, Dana, Fromentin, Gaillard, German, Giles, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lacock, Lambert, Leib, Mason, Stone, and Wells. NAYS.-Messrs. Brent, Bullock, Campbell, Chace, Condict, Howell, Morrow, Robinson, Smith, Tait, Taylor, Turner, Varnum, and Worthington. Resolved, That it is inexpedient, at this time, to send a Minister Plenipotentiary to Sweden. Ordered, That the Secretary lay this resolution before the President of the United States. TUESDAY, July 20. The following Message was received from the PRESIDENT OF THE UNITED STATES: [CONFIDENTIAL.] To the Senate and House of Representatives of the United States: There being sufficient ground to infer that it is the purpose of the enemy to combine with the blockade of our ports special licenses to neutral vessels, or to British vessels in neutral disguises, whereby they may draw from our country the precise kind and quantity of exports essential to their wants, whilst its general commerce remains obstructed; keeping in view, also, the insidious discrimination between the different ports of the United States; and as such a system, if not counteracted, will have the effect of diminishing very materially the pressure of the war on the enemy, and encouraging a perseverance in it, at the same time that it will leave the general commerce of the United States under all the pressure the enemy can impose, thus subjecting the whole to Brit |