4.30.2014

Conclusion of the Creek War

CONCLUSION OF THE CREEK WAR.

From the Georgia Journal-Extra.

Milledgeville, 30th April, 1814.
Capt. Proctor has just arrived here in seven days from the army. He states that M’Queen, with five hundred followers, has retired to the Escambia river near Pensacola. Six or seven towns have surrendered at discretion, and Weatherford who headed the Massacre at Fort Mims, has delivered himself up. The Indians acknowledge themselves conquered-A treaty is to be held on Monday next. The Tennessee troops have returned to Fort Williams-the reminder of the army is at the junction of the Coosa and Talapoosa-Gen. Pinckney commands in person.

 

Published in the Raleigh Register and North Carolina Gazette-May 20, 1814.

 

Washington City, April 30

Washington City, April 30.

Brig. Gen. Winder arrived in this city on Thursday evening. The rumors which accompanied him to N. York, appear to have progressed no farther. There can be no truth in the reports at New-York respecting the conclusion of an Armistice. If such an event should take place, it will certainly be known in Washington as soon as in New-York. Of the probability of an armistice at an early day, there are various opinions among well informed men; and any man who considerately views the present state of our relations with the enemy, is quite as competent as we are to decide correctly in this respect.

 

Published in the Raleigh Register and North Carolina Gazette-May 6, 1814.

An Act To Provide For Calling Forth the Militia

BY AUTHORITY
AN ACT

In addition to the act entitled "An act to provide for calling forth the militia to execute the laws of the union,     suppress insurrections,and repel invasions, and to repeal the act now in force for those purposes."
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That courts martial, to be composed of militia officers alone, for the trial of militia drafted, detached, and called forth for the service of the United States, whether acting in conjunction with the regular forces or otherwise shall; whenever necessary, be appointed, held and conducted in the manner prescribed  by the rules and articles of war for appointing, holding, and conducting courts martial for the trial of delinquents in the army of the United States.
Sec. 2 And be it further enacted, That in all cases om the militia, where an offence is punishable by stoppage of pay or by imposing a fine, limited by the amount of pay, the same shall be taken to have relation to the monthly pay existing at the time the offence was committed.
Sec. 3 And be it further enacted, That if any delinquent directed to be summoned to appear before a court martial for neglect or refusal to obey the orders of the president of the United States in any of the cases recited in the first, second, third, and fourth sections of the act, entitled "An actto provide for calling forth the militia to execute the laws of the union, supress insurrection, and repel invasions, and to repeal the act now in force for those purposes" passed February twenty-eigth, one thousand seven hundred and ninety five, shall be absent when any non-commisioned officer shall call to summon him, It shall be a sufficient summoning of such delinquent if the non-commisioned officer leaves ac opy of the summons or a written notice thereof, signed by him, with some person of suitable age and discretion, at the usual place of abode of such delinquent at least ten days previous to the day of appearance. And in case of the non-appearance of such delinquent, the court martial may proceed with his trial in the same manner as if he had appeared and pled not guilty to the charge exhibited against him.
Sec. 4 And be it further enacted, That it shall be the duty of the president of any court martial for the trial of militia, if required, and upon his being duly satsified that such testimony is material to the trial, to issue his precept directed to any person to be summoned as a witness, commanding his or her attendance at such courtn to testify for or against the person to be tried, as the case maybe, and any witness having been duly summoned, and failing to appear, without a reasonable excuse, shall forfeit and pay a sum not exceeding fifty dollars, to be sued for and recovered in the name of the United States, by bill, plaint, or information, in a court of competent jurisdiction. And if any witness when called upon for that purpose shall refuse to testify, or shall behave with contempt to the court, or if any other person shall use any menacing words, signs, or gestures, in presence thereof, or shall cause any riot or disorder therein, it shall be lawful for such court to punish every such offender by imprisonment for a termn not exceeding one month at the direction of the court.
Sec. 5 And be it further enacted, That for the purpose of carrying into execution the sentence, judement, or order of any such court martial, for any of the offences specified in the last clause of the preceeding section of this act, it shall be lawful for the court to issue and order to any commisioned officer of militia not below the rank of captain, commanding him to carry the same into effect by military force, whose duty it shall be to obey the same, and execute the order accordingly.
Sec. 6 And be it further enacted,  That on the trial of the delinquents, for offences not capital, by any such court martial , the deposition of witnesses taken before a justice of the peaceor other person authorized to take affidavits to be read in a court of record in the states where the same shall be taken may be read in evidence, provided the prosecutor and person accused are present at taking the same, or are duly notified thereof. And further the returns of captains and other commanding officers of companies, of delinquents drafted or ordered into the service of the United States, who shall have refused or neglected to enter the same, sworn to as aforesaid, shall be competent evidence of the facts therein sustained.
Sec. 7 And be it further enacted, That if any person shall willfully swear false before any such court martial, or in any affidavit or deposition taken as aforesaid, he or she shall be adjudged to be guilty of willful and corrupt perjury, and shall be indicted, tried and punished accordingly, by any court of competent jurisdiction in the state where such offense shall be committed.

Sec. 8 And be it further enacted, That the militia, when called into the service of the United States by virtue of the before recited act, may, if in the opinions of the President of the United States the public interests require it, be compelled to serve a term not exceeding six months after their arrival at the place of rendezvous in any one year.
Sec. 9 And be it further enacted, That regimental chaplains in the militia which have been or shall be called into the service of the United States, shall receive the same monthly pay and rations as a captain of infantry, with the addition of forage for one horse, and whenever called forth into the service of the United States, division quartermasters shall be entitled to the pay, emoluments and allowences of a deputy quartermaster general; brigade quartermasters to the pay, emoluments and allowances of an assistant deputy quartermaster general; regimental quartermasters to the pay and emoluments  of a lieutenant of infantry, , and sixteen dollars a month in addition thereto, forage for one horse; division inspectors shall be entitled to the pay, emoluements and allowances of a lieutant colonel of infantry ; brigade majors to the pay, emoluments and allowances of a major infantry; aids de-camp to brigadier generals to the pay, emoluments and allowances of a captain of infantry, with an addition of sixteen dollars per month, and forage for one horse.
Sec. 10 And be it further enacted, That the expenses incurred or to be incurred by marching the militia of any state of territory of the United States to their places of rendezvous, in pursuance of a requisition of the President of the United States, or which shall have been or may be incurred in cases of calls made by the authority of any state or territory which shall have been or may be approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such place of rendezvous on the requisition of the President of the United States: Provided, That nothing herein contained shall be considered as authorising any species of expenditure previous to arriving at the place of rendezvous, whichis not provided by existing laws to be paid for after their arrival at such place of rendezvous.
Sec. 11 And be it further enacted, That in all cases where a brigade of militia shall be called forth for actual service, it shall be the duty of the the brigade to inspect and muster the same, and the sign the  muster rolls, conformably to the provision of the act entitled "An act more effectualy to provide for the national defence by establishing an uniform militia throughout the United States" I fless than a brigade be called forth, the  it shall be the duty pf a brigade major of the district wherein such militia may rendezvous, to inspect and muster the same, and sign the muster rolls: two musters to be made in the manner aforesaid, one on the assembling and the other on the discharge of such militia. If there should be brigade major in the vicinity, the commanding officer may direct any officer under the rank of lieutenant colonel, whether of the regular troops or militia, to inspect and muster the militia so called forth.
Sec. 12 And be it further enacted, That any commissioned officer, non commissioned officer, musician, or private of the militia of the United States, who shall have committed an offence while in the actual service of the United States, may be tried and punished for the same, although his term of service may have expired, in like manner as if he had been actually in the service of the United States.
Sec. 13 And be it further enacted, That this act shall be continued in force for and during the present war, and no longer.
                                               LANGDON CHEEVES,
             Speaker of the House of Representatives
                                                E. GERRY,
            Vice President of the United States and President of the Senate.
            April 18, 1814- Approved,
                                                  JAMES MADISON.     


AN ACT

To amend the act laying duties on licences to retailers of wines, spirituous liquors, and foreign merchandise, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled
That nothing contained in the first section of the act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise, shall be construed to extend physicians who keep on hand medicine solely for the purpose of making up their own prescriptions for their own patients, not shall any physician, surgeon, or chemist, for vending, solely in his practice, medicines to his patients, be subjected to take out license as a retail dealer in foreign merchandise.
Sec. 2  And be it further enacted, That where any collector shall have required any physician, surgeon, or chemist vending medicine exclusively to his patients in his practice to take out license as a retail dealer in foreign merchandise, every such collector is hereby authorised and required to cancel every such license and to repay any money received from the same, and in every case where the money has not been received, to grant a release for the same.
Sec. 3 And be it further enacted, That upon the sale or transfer of any licensed still or boiler, or other vessel used in distillation, the right of using the same, during the term for which such license shall remain in force, shall accrue to the new proprietor or professor; entry of such sale or transfer  having been previously  made at the office of the collector for the district of the person selling or transferring the same, and the same having been endorsed on the original license.
Sec. 4  And be it further enacted, That in any case any still, boiler, or other vessel used in distillation, shall be burnt or otherwise destroyed, the collector for the district wherein the same shall have been situate, shall be empowered, and is hereby directed, to remit such portion of the duties which may have been bonded for the license granted therefor, and shall, at the time of the burning or destruction thereof, remain unpaid, as would have accrued for the time between such burning or destruction, and the expiration of the period for which such license was granted: Provided, That previous to such remission the said burning or destruction shall be verified, under the oath or affirmation of the owner or superintendent of such still, boiler, or other vessel, before a judge or justice of the peace residing within said district: And provided, That the said judge or justice shall endorse on said certificate of his belief that the facts therein set forth, and that burning or destruction did not arise from fraudulent intent to defraud the revenue, and in case of such remission of duties, the license previously granted for such still, boiler, or other vessel used in distillation shall be no further avail.
Sec. 5  And be it further enacted, That in any case any person or persons, to whom a license for retailing may be granted, shall die before the commencement or during the period thereof, the heirs, executors or administration of such person or persons shall be authorised to retail under the same; and any person whom a license for retailing shall be granted, may, on application in writing the collector for the district, have the same transferred to any other person in the same collection district; in which several cases it shall be the duty of the collector to endorse on said licenses a certificate of such transfer, without which certificate this provision shall be no avail.
Sec. 6  And be it further enacted, That in any case any person or persons to whom a license for employing a still in distilling spirituous liquors may be granted, shall die before the commencement or during the period thereof, the heirs, executors or administrators of such person or persons, shall be authorised to employ the same for the unexpired period of such license: Provided, an application previous to using the same be made in writing  by the said, heirs, executors, or administrators to the collectors for the district, and that certificate of such transfer be endorsed thereon by him, without which certificate this provision shall be of no avail.
Sec. 7  And be it further enacted, That it shall be the duty of any person to whom a license for retailing have been granted, to produce and exhibit the same on the demand of the collector for the district made at the place of retailing, for refusing to do which said person shall forfeit the sum of one hundred dollars.
Sec. 8 And be it further enacted, That in case of the sickness or temporary inability of a collector to discharge such of his duties as cannot under existing laws be discharged by a deputy, they may be devolved by him on a deputy: Provided, information thereof be immediately communicated to a commissioner of the revenue, and the same shall be approved  by him: And provided, That the responsibility of the collector, or his sureties, to the United States, shall be thereby impaired.
Sec. 9  And be it further enacted, That in case a collector shall die, resign, or be removed, the deputy in his service, at the time immediately preceding, who shall have been the longest employed by him may and shall, until a successor is appointed, discharge all the duties of said collector.
Sec. 10 And be it further enacted, That all letters and packets to and from the commissioner of the revenue, of whatever weight shall be received and conveyed by the mail, free of postage.
             LANGDON CHEVES,
   Speaker of the House of Representatives.
             JOHN GAILLARD,
  President of the Senate pro tempore.              
April 18, 1814
                  Approved,
                              JAMES MADISON


AN ACT
In further addition to an act, entitled "An Act more effectually to provide for the national defence, by establishing and uniform militia throughout the United States."
Be it enacted by the Senate and the House of Representatives of the United States of America, in Congress assembled,
That in addition to the officers of the militia provided for by the act entitled "An Act more effectually to provide for the national defence by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act approved March the second, one thousand eight hundred and three, there shall be to each division, one division inspector, with the rank of lieutenant colonel, and one division quarter master, with the rank of major; to each brigade one aid-de-camp, with the rank of captain; and the quarter masters of the brigades herefore provided by law shall have the rank of captain. And it shall be incumbent on the said officers to do and perform all of the duties which by law and military principles are attached to their offices respectively.
            LANGDON CHEEVES,
 Speaker of the House of Representatives.
            E. GERRY,
Vice President of the United States, and President of the Senate.
April 18, 1814
      Approved,
                  JAMES MADISON.

AN ACT
Concerning the pay of officers, seamen and marines in the navy of the United States.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,
That the pay and subsistence of the respective commissioned and warrant officers be as follows: A lieutenant other than a master commandant, or lieutenant commanding a small vessel for y dollars per month, and three rations per day; a chaplain forty dollars per month, and two rations per day; a sailing master, forty dollars per month, and two rations per day; a surgeon fifty dollars per month, and two rations per day; a surgeon's mate thirty dollars a month, and two rations per day; a purser forty dollars per month, and two rations per day; a boatswain twenty dollars per month, and two rations per day; a gunner twenty dollars a month, and two rations per day; a sailmaker, twenty dollars a month, and two rations p-r d y; and that the pay to be allowed so the petty officers and midshipmen, and the pay and bounty upon enlistment of the seamen, ordinary seamen, and marines, shall be fixed by the President of the United States: Provided, That the whole sum be given for the  whole pay aforesaid, and for the pay of officers, and that the amount of bounties upon enlistment of seamen and marines, shall not exceed for any year the amount which may, in such year, be appropriated for those purposes respectively.
Sec. 2 And be it further enacted, That the President be, and he is hereby authorised to make an addition, not exceeding twenty five per cent, to the pay of the officers, petty officers, midshipmen, seamen, and marines, engaged in any service, the hardships or disadvantages of which shall, in his judgement, render such an addition necessary.
          LANGDON CHEEVES,
 Speaker of the House of Representatives.
         E. GERRY,
 Vice President of the United States and President of the Senate.
April 18, 1814- Approved,
                                      JAMES MADISON

AN ACT

Granting to the President and Director of New-Orleans Navigation Company and their successors, a lot of Ground.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,
That all the right and claim of the United States; to a lot of ground in the county of Orleans and state of Louisiana, bounded above by the lands of Don Miguel, and fronting on the Bayou St. John, containing one hundred and eighty feet front and five hundred and forty feet back, including the improvements thereon, now occupied by the said company, be, and the same hereby is vested in and conveyed to the president and Directors of the Orleans Navigation Company, for the time being, and their successors, for the use and benefit of the said company forever.
        LANGDON CHEEVES,
  Speaker of the House of Representatives.
        JOHN GAILLARD,
  President of the Senate pro tempore.
April 18, 1814- Approved,
                                      JAMES MADISON.

AN ACT

Concerning certificates of confirmation claims to the lands in the state of Louisiana.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,
That in all cases where certificates of confirmation to lands lying in either of the land districts established by law in the state of Louisiana, have been issued agreeably with the provisions of the act entitled "An act respecting claims to lands in the territories of Orleans and Louisiana," passed the third March, one thousand eight hundred and seven, and which were directed to be filed with the proper register of the land office within twelve months after date, and on claims which are included in the transcript of decisions ,made in favor of claimants and transmitted to the Secretary of the Treasury, the said certificates shall, in every case where the lands have not already been surveyed according to law, be by the said registers delivered to the principle deputy surveyor of the district, together with the proper descriptions of the tracts to be surveyed, wherein the quantity, locality and connection, when practicable, with each other, shall be stated, at any time after the expiration of three months from the passage of this act, (unless the claimant shall otherwise specially direct) whose duty it shall be, under the director of the surveyor of the lands south of Tennessee, to accurately survey the land at the expence of the United States, according to the said certificates of confirmation and description, and make general and particular plats thereof, which he shall return to the officer of the proper register, together with the original certificates; and it shall be the further duty of the said surveyor to make a like return of the plats to the commissioner of the general land office: Provided, The expence of surveying, the said tracts shall not exceed that allowed by law for surveying the public lands in the said state.
Sec. 2 And be it further enacted, That so soon as the said tracts of land shall have been thus surveyed and the survey thereof returned to the office of the proper register, together with the original certificates of the commissioners, it shall be the duty of the said register to issue certificates in favor of the claimants entitled thereto, which he shall transmit to the commissioner of the general land office, and if it shall appear to the satisfaction of the said commissioner that the certificates have been fairly obtained and correspond with the transcript heretofore transmitted to the Secretary of the Treasury, and the plats returned by the surveyors, patents shall be granted in like manner as is provided by law for the other public lands of the United States, which patents shall be transmitted by the commissioner of the general land office to the proper register, to be him delivered to the claimants entitled thereto, and the said register for delivering  the certificates and descriptions of the tracts to the surveyor, making out and forwarding the returns to the general land office, and delivering the patents, shall be entitled to, and receive from such claimant, the sum of two dollars for such patents so delivered.
          LANGDON CHEEVES,
 Speaker of the House of Representatives.
         JOHN GAILLARD,
 President of the Senate pro tempore.
April 18, 1814-Approved,
                                    JAMES MADISON

AN ACT

Making additional appropriations for the service of the year one thousand eight hundred and four teen.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,
That the sum of six hundred and twenty-five thousand dollars be, and the same in hereby appropriated for the purpose of defraying  the expenses which have been or may be incurred in building and equipping vessels of war pm Lakes Ontario and Champlain, to be paid, first out of the balances or appropriations for the support of the navy remaining unexpended at the end of the year one thousand eight hundred and thirteen, and , secondly, out of the surplus pf any other appropriation which may in the opinion of the President be transferred to that object without injury to the public service.
Sec. 2 And be it further enacted, That for defraying the expence of additional clerks in the offices of the Secretary of the treasury, Comptroller and Auditor of the United States, the following sums, in addition to the sum already appropriated, be and they are hereby appropriated: For the office of the Secretary of the Treasury, the sum of one thousand dollars; for the office of the Comptroller, seven hundred dollars; and for the Auditor's office, one thousand dollars; which several sums shall be paid out of any money in the Treasury not otherwise appropriated.
Sec. 3 And be it further enacted, That in addition to the sums already appropriated to those objects, the sum of one hundred and eighty-nine thousand two hundred and ninety-one dollars be, and the same is hereby appropriated to pay the bounty, subsistence, cloathing and other expences of the marine corps, to be paid out of any monies in the Treasury not otherwise appropriated.
Sec. 4 And be it further enacted, That the sum of one hundred and twenty-two thousand seven hundred dollars be appropriated for the bounty and pay of seamen for the year one thousand eight hundred and fourteen in addition to the sum already appropriated; to be paid out of any monies in the Treasury not otherwise appropriated.
         LANGDON CHEEVES,
 Speaker of the House of Representatives.
         JOHN GAILLARD,
 President of the Senate prop tempore.
April 18, 1814.
                     APPROVED,
                                     JAMES MADISON.

AN ACT

For the relief of John Whitney and Joseph II. Dorr.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,
That the Secretary of the Treasury of the United States be an hereby is authorised and empowered, upon the petition of John Whitney and Joseph II. Dorr, the sureties of the owners of the schooner Industry, to remit the penalty which the said owners incurred by the illegal unlading of sixty-nine boxes and eight half boxes of segars, and nineteen hundred and eighty-six pounds of coffee from said schooner, at the port of Edgarton, in the district of Massachusetts in the year if our Lord eighteen hundred and nine, in the same way and manner as he is now by law empowered to the remit the same upon the petition of the said owners; and the said Secretary is also authorised to pay the said

         

            

4.29.2014

Congress, In Senate: Mr. Gore's Resolutions

CONGRESS
IN SENATE


MR. GORE'S RESOLUTIONS.

SPEECH OF MR. HIBB OF GEORGIA IN REPLY TO MR. GORE
Mr. President- The propositions now before the Senate, whether viewed in reference to the constitutional grounds they assume, or to the circumstances which caused their introduction, present to my mind's most extraordinary aspect.
I shall endeavor to show, that if the principle laid down in the first resolution, from which the conclusion continued in the subsequent resolutions are decided, were submitted, that the course of proceeding proposed is unauthorized by the constitution. And I shall endeavor to shew that the principle is wholly incorrect; that the President has done as he ought to have done; that he has conformed to the fair interpretation of the constitution, and to the uniform practice under it from the commencement of the administration of Gen. Washington to the period when commissions were granted to Albert Gallatin, John Q. Adams and James A. Bayard.
Sir, we are called upon to annex by resolve a codicil to the constitution-to usurp the authority of determining what are the powers belonging to another independent department of governments and , having prescribed such limits as may be sensible to out own purposes, we are then to decide that that department in the discharge of its duties has disregarded the obligations of the instrument from which its powers are derived. What clause of the constitution, I ask, authorizes the Senate to expound its provisions for the President, or in this way to sit in judgement on his conduct? The constitution has declined the respective limits of the departments-their rights, duties, and responsibilities; and conduct of neither can be restrained or condemned by the others, except in the mode expressly provided. On the present occasion, however, it is gravely proposed to assume a power not granted, and to violat a maximum soundness of which is universally admitted-that no man shall be a judge in his own cause. A trespass on the rights of the Senate is asserted, and the Senate are called upon to decide the case. The President of the U.S. is to be adjudged guilty of a violation of the constitution which he is sworn to support; and that, loo, without allowing him with a privilege which is secured to every free man-the privilege of being heard in his defense. We are to become both accusers and jurors. Yes, sir, the tribunal before, whom the President is to be tried in case of impeachment, are now to accuse-to prejudge-to condemn-to disqualify themselves as judges, if the House of Representatives should think it proper to impeach! Adopt the resolutions, and you will have done that which would disqualify a juror before any court, for sitting on the trial of an offender. I trust I shalt not be told that the resolutions do not condemn the President-that they only express an opinion relative to the powers of the President. This would be quibbling in a manner aud to an extent unworthy the dignity of this honorable body. You do propose solemnly to adjudge that he is guilty of an high offense-that he has violated the constitution and disregarded the rights of the Senate.
The constitutional control of the Senate over the Executive, is particularly defined by the instrument; and unless the power of censure and condemnation now proposed to be exercised is among the powers enumerated, it does not exist. What are the controlling powers of the Senate? A negative on nominations to office and on treaties. The power of acquittal  or condemnation in cases of impeachment, and in none other, is also vested in this body. The power of accusing-of preparing articles of impeachment, is exclusively vested in the House of Representatives; and, considering the intimate connection between the powers of the Executive and of the Senate, without this check in the other branch, the President would cease to be the head of co-ordinate department of the government- he would become a mere instrument in the hands of the Senate. The constitution has wisely provided that the House of Representatives shall accuse before the Senate can condemn; and, sir, it is this barrier to the absolute dominion of the Senate we are no called upon to destroy. Assume the authority of prescribing the limits of the Executive powers-of accusation and condemnation, and in ever view of which the case is acceptable, I pronounce that you are guilty of an act of usurpation unparalleled in the history of this government. If you can supposed a corrupt Senate and President, and an act committed by the  latter meriting impeachment, the Senate may decide, for the purposes of avoiding investigation, that he is innocent; and thus the House of Representatives are virtually precluded the exercise to their constitutional prerogative. It would be idle and absurd to impeach after the judges had decided on the guilt or innocence of the offender.
I have already stated the constitutional control of the Senate over nominations to office. The control might have been exercised in the case of the late mission to Russia. The Senate were competent to reject the nomination. But it is remarkable that the gentleman from Massachusetts, instead of employing his negative as he might have done, did vote for the nomination of John Q. Adams and James A. Bayard; thereby, sanctioning the very act of the President, which he now proposes to denounce as unconstitutional. The act of having been thus confirmed, the control of the Senate has ceased until a treaty be concluded and submitted for their ratification or rejection. And, sir, if harmony between the departments be indispensable to the operations of the government- if it be the vital principle of the government-the proposed interference of the pair of this body ought to excite the alarm and the indignation of the American people. It lays the axe to the root of that principle. If the Senate can censure the President in this way for appointments which he has thought proper to make, he may censure the Senate for their rejection of the nomination of Albert Gallatin; and the House of Representatives may also censure the Senate for usurping their constitutional prerogative. The destructive consequences of this sort of crimination  and recrimination, no man can foresee.
But, Mr. President, I will not dwell on this part of the subject. I will meet directly the resolutions, in the full persuasion that I shall demonstrate the fallacy of the constitutional grounds they assume. Before, however, I proceed , permit me to remark that the arguments and precedents advanced by the gentleman from Massachusetts (Mr. Gore) were wholly intended to prove that the President has not power to fill vacant offices unless the vacancies happens during recess of the Senate-a point (as I shall shew) not at all involved in present case.In, according my view of the matter, the case now the subject of complaint, was one in which the vacancy did happen during the recess of the Senate, that point is excluded from the discussion.
Let us examine the resolutions. The President of the United States having by the constitution power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
Resolved, That is the opinion of the Senate no vacancy can happen in any office not before full.
I will make no question concerning the supplication of the word "office" or "vacancy" to a foreign mission ; because it is not necessary to my present purpose. Nor shall I advert to other provisions of the constitution which have been referred to; because, having no relation to the power of fitting vacancies, they neither enlarge nor limit that power. The provision I have just read is the only one which relates to the question before us; and it is from that provision alone that the Executive power of filling vacancies derived. It delegates to the President exclusively the power to fill up all vacancies which happen during the recess of the Senate; and it will not be denied that where a discretionary power is granted to do a particular act, in the happening of certain events, that the party to whom the power is delegated is necessarily constituted the judge whether the events have happened, and whether it is proper to exercise the authority with which he is clothed. The President, therefore, is the judge whether vacancies have happened during the recess of the Senate, and whether the public interest required that they should be filled. The commissions thus granted, however, expire at the end of the next session of the Senate thereafter. This is only the limitation imposed on the power, and is this consists  the only control of the Senate. The assumption of any other control is unauthorized by any rule of construction-is unwarranted by the constitution. If the President abuse the power, appropriations may be withheld and the House of Representatives may impeach.-There are only checks (and they are amply sufficient) provided by the constitution; and none other can be exercised, without an act of usurpation. The true interpretation of this part of the constitution I take to be this:- that the Executive may fill all offices which from whatever causes happen to be vacant or unoccupied during the recess of the Senate, without regard to the precise period when they became so. The object unquestionably was to avoid inconveniences which might result to the nation from essential offices being vacant; and certainly these inconveniences can neither be encreased nor diminished by the fact, that the vacancy did or did not happen while the Senate were in session.  But I will not take this ground  on the present occasion - I will agree with the gentleman from Massachusetts, that the President is not authorised to fill vacancies unless they happen during the recess of the Senate; and still I deny that the principle assumed in this revolution is deductible from the premises. I deny that the word "vacancy" is its usual acceptation  or in its application to office on the present occasion. But I will not take this ground on the present occasion-I will agree with the gentleman from Massachusetts, that the President is no authorized to fill vacancies unless they happen during the recess of the Senate; and still I deny that the principle assumed in his resolution is deducible from the premises. I deny that the word "vacancy" in its usual acceptation or in its application office, implies a previous filling; and I call upon him to produce the authority of any writer who has given such and erpratation to the word. A vacant office is "an office unoccupied" "and office not filled." So soon as an office is created and as long as it exists, it is either vacant or it is full.  It if be filled, it is not vacant-If it be not filled, it is vacant; and it is manifestly vacant if it never has been filled as if the vacancy  be created by the death of an incumbent. It is therefore obvious, that, supposing the President incompetent  to fill any vacancy, except such as happens in the recess of the Senate, there can be no question concerning the manner in which the vacancy takes place. The only question is when did it happen, I will state a case, and appeal to the candor of the gentleman for the answer. Suppose an act to be passed during the present session creating an office, and the act to take effect during the recess, if a defined contingency shall happen. The contingency happens, the act  begins to operate and the office its existence, during the recess. Is the office  from that moment vacant until  it is filled? Has the vacancy happened during the recess of the Senate? Is it such a vacancy as may be filled by the President?- Sir, there can be but one rational answer- The office commences its existence and the  vacancy happens during the recess; and these circumstances constitute the precise case of vacancy which the President is authorised to fill. 1. is therefore manifest that the principle assumed, is wholly incorrect; and permit me to remark that the argument drawn from a message of Gen. Washington concerning certain military appointments, and from the provisions of the tax laws passed during the last session of Congress, is altogether unavailing. What were the circumstances of the first case? A bill had passed for raising a military force, which became the law of the land from the moment of its passage, and while Congress were in session Gen. Washington deemed it unnecessary  to appoint all the officers immediately , and yet was apprehensive it might be necessary to fill the offices before the Senate, and requested that he might be clothed with the authority to make the appointments during the recess. What was the ground of this request? The officers were created from the date of the act, and being vacant from the  moment of their creation, the vacancy did not "happen during the recess of the Senate," and therefore could not be filled by him alone, without special authority from Congress.  The offices created by tax laws of the last session were in the same situation , and it being impracticable to select the officers during the session which was about to terminate, authority was given to the President to appoint in the recess. Why was this provision in both casess necessary? Not because the officers had not been before full, but because the vacancies happened during the session, and not "during the recess of the Senate."
But, Mr. President, let us examine the particular case which is now made the subject of complaint. In March, 1813, "during the recess of the Senate," the Emperor of Russia offered his mediation for the procurement of peace between the U. States and G. Britain. It was promptly accepted by the President, and ministers were commissioned to meet such as they might be appointed on the part of England. They proceeded on their peaceful errand to St. Petersburg, and their nominations were submitted to the Senate at their next meeting thereafter. Two of the mission were confirmed and one rejected. It is now proposed solemnly to protest against those appointments in  the recess "as an act not authorized by the constitution , and in the performance of which the power of the Senate has been wholly disregarded." Such is the history the case, Sir, there a two descriptions of offices altogether different in their nature, authorised by the constitution-one to be created by law, and the other depending for their existence and continuance upon contingencies. Of the first kind, are judicial, revenue and similar officers. Of the second, are ambassadors, other public ministers and consuls. The first description organize the government and give it efficacy. The form the internal system, and are susceptible of precise enumeration. When and how they are created, and when and how they become vacant, may always be ascertained with perfect precision. Not so with the second description. They depend for their original existence upon no law, but are offspring of the state of our relations with foreign nations and must necessarily be governed  by distinct rules. As an independent power the United States have relations with all other independent powers; and the management of those relations is vested in the executive. The ministerial trust confided to our foreign ministers cannot be constituted as an "office" in the sense and to the extent which are applicable to internal offices properly so called. But I will use the word in conformity to the resolutions, because I am unwilling to enlarge the limits of the present debate, and because it will enable me to express my ideas upon the subject before us, more intelligibly. I say then, that whether the office of a minister exists or does not-how and when it exists, are questions not particularly and precisely settled by the constitution; but that the executive authority to nominate to the Senate foreign ministers and consuls, and to fill vacancies happening during the recess, necessarily includes the power of determining those questions. According to my view of the subject, the office commenced with every independent power from the moment the United States became independent, unless destroyed by the termination of the relations which created it. The period at which which it should be filled is left by the constitution to the discretion of the president. Until he chooses to nominate, there is no power vested in any department to control him, or to appoint. Whether and at what time the office in regard to any foreign nation should be filled, may and generally will depend on accidental circumstances. Hence congress have always appropriated a gross sum for foreign intercourses, having the president to select the powers with whom he should be represented, unrestrained, except by the amount of the appropriations. As the office with reference to any foreign power, is created by, and dependent for its continuance , upon the relations subsisting between that power and the U. States, its existence and destruction must be contemporaneous with the existence and destruction of those relations. It dies and revives with them. It becomes extinct by war- its revival depends on its contingencies, and when revived it is vacant, until it is filled. If the contingencies  happen during the recess of the Senate (of which the president is made sole judge by the provision of the constitution which has been quoted) he is authorised to appoint. The declaration of war against Great Britain destroyed the office in that country, and its revival depended on subsequent events. If England had immediately there after, and during the recess of the Senate, proposed to treat by ministers for peace, there can be no question that it would have been the constitutional right  and the duty of the president to commission persons for that purpose. The mediation of Russia was proposed during the recess. The proposition created a new and necessarily vacant office, and it belonged to the president to determine whether the public interest required that he should fill it. I conclude, therefore, that in this case, the vacancy did "happen during the recess of the Senate," and that the president did not invade the rights of the senate in the exercise of this constitutional and exclusive power to, "fill up all vacancies which may happen during the recess of the senate, by granting commissions which shall expire at the end of the next session."
Such, sir, is the fair interpretation of the constitution; and in my opinion the welfare of the nation required that this power should have been vested in the executive. The power of making war is properly confided to the congress. The power of making peace to the president, subject to the control of the senate over treaties. If a treaty be formed, compromising the honor , or abandoning the rights of the nation, the senate may reject it. But why we should now be called on to interfere in the first stages of the negotiation for peace- to adopt a principle to preclude the executive from seizing  every proper occasion, during the recess of the senate, of procuring an object which all parties profess to desire, is to my mind astonishing, The principle proposed is calculated to destroy that promptitude and unity of action which is always necessary in the management of our foreign intercourse, and which sometimes may be indispensable to the safety of the country. It must produce one of two effects-either to keep the senate always in session, or to produce injurious delays inseparable from convincing its members. The provisions of the constitution annexed to  the resolutions, proves that the continual sitting of the senate was neither contemplated nor intended; and the civil tendency of the latter effect might be illustrated by representing numerous cases, which may and probably will happen. On the other hand, what possible injury can result from the construction for which I contend? None. The check provided are abundantly sufficient. The commissions granted continue no longer than the end of the next session of the senate, and in the meantime the senate may reject the nominations. If a treaty be formed which they do not approve, they are competent to reject that also. Congress, moreover, may withhold appropriations, and thereby put an end to the mission. And besides if the power be abused, the president is liable to impeachment. Indeed, Mr. President, it does appear to me, that of all the powers delegated by the constitution, none are better guarded than, that which authorizes the executive to fill vacancies during the recess of the senate. but the gentleman from Massachusetts  insists that the construction for which I contend puts it in the power of president to fill permanently all appointments, in opposition to the will of the senate.  And how? An appointment is made in the recess and the person nominated to the senate at their next session. The nominated is rejected, and the president abstains from nominating another. The commission granted in the recess expires at the end of the session, and consequently the office would again become vacant in the recess, and second commission might be issued. Thus, says the gentleman, the power of the senate over appointments would be entirely wrested from them. Sir, this is an argument drawn from the possible abuse of power, mot admissible on general principles; and I have shewn that sufficient checks are provided against such abuse. Besides, does not the gentleman perceive that this objection applies to the constitution, and not peculiarly to my construction. He admits that the president has the constitutional power to fill vacancies which happen during the recess of senate, and it necessarily follows that the abuse to which he refers may readily take place in once case as in another. The objective, then, is an objection, not to my construction, but to the constitution itself; and the remedy is to be sought for, if indeed and remedy were wanting, in proposing an amendment according to the mode constitutionally represented.
The second resolution is in the following words:
"Reserved, That in the opinion of the Senate the officer envoy extraordinary and minister plenipotentiary, to negotiate and sign a treaty of peace with the United Kingdom of G. Britain and Ireland, had not been filled at any time after the declaration of war upon the 18th of June, 1812, and before the late recess of the Senate upon the 3rd day of March last, when the name was not full."
If, sir, I have shown satisfactorily, as I think I have, that the President is authorized to fill up all vacancies which happen in the recess of the Senate, and that such vacancies may happen in offices not before full, it is unnecessary to discuss the proposition contained in this resolution. But I cannot avoid noticing an obvious absurdity  which the resolution presents. It speaks of an office mot having been filled at a period when the office was not in existence. I deny that 'the office of envoy extraordinary and minister plenipotentiary to negotiate and sign a treaty of peace with the United Kingdom of G. Britain and Ireland,' was in existence 'at any time after the declaration of war upon the 18th day of June, 1812, and before the late recess of the Senate upon the 3rs day of March last;' and it surely behoved the gentleman to prove that such an offence existed before he begun his inquiry whether or not it had been filled. I is not now too late, and I invited him to the task. It cannot be done. As well might he undertake to prove that an effect may exist before the cause which produced it. The manifest fact is, that there could not have been an office of minister to treat for peace under the mediation of Russia, until the mediation adjournment of Congress on the 3rd day of March last, as is proved by the correspondence upon the subject lately laid before this body. As therefore the office did not exist 'before the late recess of the Senate upon the 3rd day of March last,' it could not have been either vacant or full.
The 3rd and 4th resolutions are in the following word:
Resolved, That the granting of commissions to Albert Gallatin John Q. Adams and James A. Bayard, to be envoys extraordinary and ministers plenipotentiary  to negotiate and sign a treaty of peace with the United Kingdom of G. Britain and Ireland, during the late recess of the Senate, as in the President's Message to the Senate of the 29th of May last is stated to have been done, was not in the opinion of the Senate authorized by the constitution, inasmuch as a vacancy in that office did not happen during such recess of the Senate, and as the Senate had not advised and consented to their appointments.
'Whereupon, Resolved, While the Senate venerate the authority and dignity of the office of the President of the U. States, and will at all times, as a high and essential power in the constitution, exert themselves to maintain and preserve undiminished the whole executive authority thereby established, they owe it to the trust confided to themselves, as well as to the states, their constituents, to protect the power over appointments to office which the constitution has placed in that body. From these considerations, joined to the conviction that the rights of the Senate have been infringed  by an important act, to the validity of which the advice  and consent of the Senate were essential, the Senate find themselves called upon the by their duty to the stats, and in support of the constitution, reluctantly  to protest, and they do hereby solemnly protest against the commissioning of the aforesaid of Albert Gallatin, John Q. Adams and James A. Bayard as an act not authorized by the constitution, and in the performance of which the power of the Senate has been disregarded.'
The 3rd resolution assumes that the vacancy in the office which was filled by the President did not happen during the recess of the Senate, and that therefore he was not authorized to fill it. Sir, I have shewn that the office could not exist until the Russian mediation was proposed, and that it was proposed during the recess of the Senate. Until therefore the office was created it cannot be said to have been either full or vacant ; but the moment it it commenced its existence it was necessarily full or vacant. It was vacant until filled by the President. The office itself, like that of all foreign missions, was the offspring of circumstances, and the happening of the vacancy was contemporaneous  with the commencement of the office. They were both created by the occasion,-the occasion occurred-the office began its existence-the vacancy happened during the recess of the Senate- and as the Executive us authorized 'to fill up all vacancies which may happen during the recess,' it was his constitutional right to fill this.
The remarks when I had the honor to submit in the commencement of my argument concerning the authority of the Senate in this way to sit in judgement on the conduct of the President, and the evil tendency of such a course of proceeding, are applicable to the 4th and last resolution. If I have succeeded in shewing that the act of commissioning Albert Gallatin, John Q. Adams and James A. Bayard, was 'authorised by the constitution,' and that, 'in the performance of which the power of the Senate has' not 'been disregarded,' the pledge which I gave to the Senate will be fully redeemed, when I shall have proved that the conduct of the President in this affair has conformed  to the uniform practice under the constitution from the beginning of the administration of Gen. Washington. Before I proceed, however, I beg leave to notice a circumstance on which the gentleman was disposed to dwell, because he thought it calculated to shew that Mr. Madison had made an alarming innovation on the practice of former presidents. Some days ago the gentleman offered a resolution, which was adopted, calling for copies of commission granted by Gen. Washington to John Rutledge as chief justice, to William Pace as district judge, and to William Nelson as marshal; and for copies of the commissions granted to out late envoys to St. Petersburg. The Senate were not informed of the use intended to be made of them until we were favored with the gentleman's speech; and it being then impracticable to call officially for other commissions without postponing the debate, I immediately addressed a note to the Secretary of State, requesting that I might be furnished with copies of certain commissions granted by Gen. Washington in similar cases of foreign missions. I have received them, and will presently read and compare them with those lately granted. The difference between the commissions issued by Gen. Washinton to Messrs. Rutledge, Pace, & Nelson, and those granted to Messrs. Gallatin, Adams, and Bayard, is this-the former expressly limit their continuance to the end of the next session of the Senate thereafter, and the latter do not express such a limitation. Sir, whether the former has or had not contained such a limitation, was wholly immaterial; because the constitution having imposed the limitation, the commissions would have expired as certainly without it as with it. The difference is in form, and not substance; and considering the nature of a foreign mission, the idea of expressing on the face of a commission granted to a minister, which he must shew as the evidence of his authority as such, that it shall expire at the end of the next session of the Senate, is altogether absurd. I venture to assert, that such a commission never was issued under this government. If the gentleman has thought proper to call for commissions granted by the present Executive during the recess of the Senate to internal officers, he would have seen that they were both in form and substance similar to those granted by the first President; or if he has called for commissions granted by Gen. Washington in cases of foreign embassies, similar to the present, he would have found no limitations of their continuance. And I confess, Mr. President, this would have appeared to me the fair and obvious course of ascertaining whether any innovation has been practiced. I will now read to the Senate commissions which were granted by Gen. Washington and Mr. Adams in cases of foreign missions, during the recess of the Senate. [Mr.B, here read several commissions, and by comparing them with those which were granted to Messrs. Gallatin, Adams, and Bayard, showed that in every respect they were alike] he then proceeded. Permit me, now, sir, to advert to the practice of the government from its commencement, concerning the construction of the provisions of the constitution which is the subject of the discussion. I hold in my hand a list of the appointments which have been made by the Executive in the recess of the Senate since the adoption of the constitution, which I procured from the office of the Secretary of State. It furnishes incontestable evidence of the fact, that each President has deemed himself authorised to institute and fill foreign missions in the recess of the Senate whenever in his opinion the interest of the U.S. required it. I will at present refer to one or two examples only, remarking at the same time that the examples are numerous, and that the list may be examined by any gentleman who desires it.
Soon after Gen. Washington became President, and in the recess of the Senate, he authorized Governeur Morris, by a letter of instructions negociate with England concerning the interchange of ministers, and the formation of a commercial treaty. I mention this fact, to show that he thought himself competent alone to determine whether the U.S. should or should not be represented in England, & to negociate concerning a treaty, without previously consulting the Senate. In June, 1792. John Paul Jones was commissioned to negociate a treaty of peace with Algiers. The office was "not before full," and was now filled for the first time during the recess of the Senate. Thomas Barelay was appointed consul at Morocco on the 31st of March, 1791.  This was an original appointment, and was now made during the recess of the Senate. These examples, without referring to others, are sufficient to shew that the late commissioning of Albert Gallatin, John Q. Adams, and James A. Bayard, was sanctioned by the practice under Washington's administration. The same practice was pursued by Mr. Adams, of which the list before me presents many examples, but which I will abstain from reading lest I should trespass on the patience of the Senate. During the administration of that distinguished statesman, Mr. Jefferson, we fin the same construction given to the constitution; but I presume his examples would not be deemed good authority by the mover of the most extraordinary and unprecedented resolutions.
Thus I trust the case is full made out-1st That the resolutions themselves are authorised by the constitution-and 2dly that the commissioning of Albert Gallatin, John Q. Adams, and James A. Bayard was an act authorised by the constitution and sanctioned by the practice of all administrations. It appears then Mr. president that we are called upon to protest against the present conduct of the Chief Magistrate, for exercising his legitimate constitutional powers, and for following the example of the first President of the U. States. Sir, I have witnessed with pain and mortification the precepts and examples of the father of this country set as nought by those who profess to be his exclusive followers; but I do cherish the hope that they will not be condemned by an act of this honorable body. Why the examples to which I have referred should have received universal and uniform acquiescence and why at the his peculiar moment it should be proposed to censure Mr. Madison for following those examples. I will not attempt to explain. For what was the act done against which this protest is entered? To obtain peace. By whom is the proposition submitted? By a gentleman whom personally I respect; but, sir, by a gentleman belonging to a party professing to be exclusive friends of peace- a party whose daily business is to clamor against the continuance of the war and to present every possible impediment to its successful prosecution. I leave the comment to the American people.
In the course of Mr. Bibb's remarks on the examples of other administrations (and which are here curtailed) he was several times interrupted by friends of the resolutions, and it was intimated that the list of cases which he produced was not correct. Mr. B said that on that point there should be no doubts or uncertainty. Any gentleman might call officially on the department for the statement and it would be found to be correct. After he concluded his speech and the subject was postponed to the succeeding day, Mr. B submitted a resolution calling for a list of the ministers and consuls appointed in the recess of the Senate since the adoption of the constitution. The answer furnished to the Senate fully confirmed the statements he had made.

POTOMAC RIVER LAND,
FOR SALE

The subscriber wishes to sell about 1230 acres of land actuate upon and binding on the Potomac in Nanjemoy, Charles county Maryland, about one half of which is well wooded- The soil fertile and particularly adapted to the growth of wheat-well suited to clover, forty acres of which being at present thickly met with second years growth-A meadow of fifteen to twenty acres may be made to advantage- A grist mill adjoining the property can be purchased upon easy terms-It is is the opinion of the persons covenant with the business, that a successful fishery might be established with little expense- The buildings have been lately repaired, and consist of an overseer's house with four rooms upon the first floor and two above, and extensive barn, a stable with large stalls for fourteen horses, together with a hay loft and two granaries each 14 by 18 feet- two corn houses, a quarter and meat houses-Ten or twelve likely slaves with the whole of the stock of every description, which is large, together with farming utensils, may be had if required- a hundreds of bushels of wheat and a quantity of rye and oats are at present sown- The property will be sold to suit purchasers either divided or not, and possession given at any moment-Persons qt a distance wishing to know the situations, may see it by referring to the map of Maryland, as the land includes Maryland Point-For further particulars inquire of the subscriber, living at Allen's Fresh, Charles County, Maryland.
 DANIEL JENNIFER.
April 20-2awtf

NOTICE
The subscriber gives notice to those Creditors of  Marsham Waring, decreased, who obtained judgments against him prior to his death, to bring them forward to the subscriber on Tuesday, the 27th of May next at Upper Marlborough, to receive their dividends.
MARSHAM WARING,
Exec'r of marsham Waring, dec'd.
April 26-w3t

"High praise is bestowed on the enterprize and military conduct of that commander"

WASHINGTON CITY
FRIDAY, APRIL 29, 1814

THE SERIES OF VICTORIES over the infatuated savage foe, on the southern border, from the first to the last, appear to have produced, in this part of the country, a very general impression of the bravery of the regulars, volunteers and militia of Tennessee and Georgia. This opinion has perhaps been more decisively expressed in regard to Jackson's late victory, than any other. High praise is bestowed on the enterprize and military conduct of that commander, and even the opposition editors have reluctantly decreed to him the "laurel wreath."
The opportunity is seized, however, on this occasion, as on all others, by the factious prints, to depreciate the merits of our southern and western citizens, and impeach the character of the whole country, by imputations of ferocity and savage cruelty. These imputations appear to us to have very little of even the appearance of plausibility, and to have organized the malice which such writers bear to the southern and western states generally on the account on the uniformity of their political character.
All wars more or less possess the characters of ferocity. The most brilliant triumphs are not without alloy. humanity, whilst it prohibits an unnecessary resort to it, shudders also at the means by which it is waged. But self-defence is the first principle of nature; and the laws of God and Man justify the warrior in taking the life of him by whom he is menaced. So that those who refuse quarter in battle must suffer death.
It is a well known rule of the Southern hostile Indians neither to given or take quarter. This fact has been repeatedly announced in the official accounts of the battles on that frontier, and to man can, therefore, pretend to be ignorant of it. In consequence of this circumstance, attributable to the desperation of fanaticism, no prisoners (comparatively speaking) have been taken in these battles but women and children.- The savages have , in a spirit at once barbarous and heroic, detestable and admirable, refused to give quarter when victorious, or to be taken alive. That they never gave quarter, even to helpless women and children, the horrible butchery at Fort Mims will  bear us out in asserting, being the only victory the southern savages have achieved in the war they have undertaken against out people.
These base ingrates have in cold blood murdered the women and children of those who fed and clothed them; they have driven hundreds of families from their homes and hunted them like wild beasts of the forest; they have covered thousands with the habiliments of mourning for relations and friends. The people have risen in their strength, to put an end to these atrocities. The gallant friends of the sufferers have flocked from beyond the reach of danger to relieve their apprehension and revenge their wrongs. In a succession of dear bought victories, the valor and intrepidity of the citizens of Georgia and Tennessee, and of the friendly Indians, have prostrated the strength if their immediate enemy, and the hopes of the enemy who set the blood-hounds on the track. In the course of these victories, the hostile Indians persist in refusing to receive quarter, and are killed, because no other fate than death can or even did attend those who take this desperate resolution, wantonly waste their lives.
We have seen the conduct of the people of Tennessee in this respect compared with that of the allied British and Indians on the northern frontier in murdering the wounded and prisoners. The accusation is a cruel and most unspirited libel on our gallant fellow citizens, and on the character of the country of which they form a part. It is the more unjustifiable, because the facts are too notorious not to be impressed on the mind of every one. The unhappy subjects of Anglo-Indian barbarity, on the river Raisin and elsewhere, were prisoners and wounded, whose protection was guaranteed not only by the rules of civilized warfare, but by the plighted faith of British officers. They were permitted to be massacred by intoxicated brutes whom the enemy's officers could have been controlled, but did not. The most savage cruelty in this cases consummated the foulest treachery.
Such is the conduct, between which and that of Jackson's army in destroying the savages who refused to quarter, a similitude is attempted to be shewn!
We are shocked at the extremes of error and the spirit of misrepresentation to which a spirit of faction has in this instance particularly driven its votaries.
We have noticed it, not so much for the purpose of reply, as to exhibit to our federal readers to what faith they must subscribe, if they choose to remain within the pale of the Federal Church; and what will be their lot if they volunteer their active services against any foe to their country, so long as it is governed by a Republican administration. Conquered, our people are set down as cowards! conquerors, they are either madmen or barbarians! The moment they take up their arms, the demagogues of faction excommunicate them.

Captain Barney Left Baltimore for Potomac

April 29, 1814

Captain Barney reports to Secretary of the Navy Jones on Barney’s movement from Baltimore to the Potomac and tells of enemy sighting.

CAPTAIN JOSHUA BARNEY, FLOTILLA SERVICE, TO SECRETARY OF THE NAVY JONES

At Anchor, at Mouth of Patapsco 29th April 1814

Sir

Yesterday I left Baltimore, with the Scorpion, two gun boats, and twelve Barges, to proceed down the Bay, with a view of "Convoying" the Asp from Potomac. The wind from SSE has detained us. On Monday last I sent down the Look-out boat with the Galley. The Galley has just returned and informs me, that there are two Ships and several smaller vessels of the Enemy in the Potomac; I shall proceed down with a change of wind and be guided by circumstances.

I cannot remain long as we are unable to carry more than twelve days of provisions, The Asp not being with me, nor the lookout boat, and it is impossible to put provisions, other than Salt, onboard the gunboats. They have no hold or place to put Bread, which is very bulky, nor dare I trust Liquors, or small stores among the Crews of Any, but I will do the best I can.

The lookout boat remains below to watch the movements of the Enemy.

 I have left Mr. Rutter to superintend the Service in Baltimore, and have Mr. Frazier with me. I am with respect
Your Obedient Servant

Joshua Barney

4.28.2014

Senates Response to Mr. Gore's Resolutions and His Feedback

CONGRESS
IN SENATE of the U. STATES

Monday February 28.
Mr. Gore submitted the following for consideration:
The President of the United Sattes having by the constitution 'power to fill up all vacancies that may happen during the recess of the Senate, by granting commmissions which shall expire at the end of their next session.'
Resolved, That in the opinion of the Senate no such vacancy can happen in any office not before full.
Resolved, That in the opinion of the Senate, the office of envoy extraordinary and minister plenipotentiary, to negotiate and sign a treaty of peace with the United Kingdom of Great Britain and Ireland, had not been filled at any time after declaration of war upon the 18th of June, AD 1812, and before the late recess of the Senate, upon the 3d of March last, when the same was not full.
Resolved, That the granting of commissions to Albert Galltain, John Q Adams, and James A. Bayard, to be enovys extraordinary and ministers plenipotentiary to negociate and sign a treaty of peace with the United Kingdom of Great Britain and Ireland, during the late recess of the Senate, as in the President's message to the Senate of the 29th of May last,, is stated to have been done, was not, in the opinion of the Senate, authorized by the constitution, inasmuch as a vacancy in that office did not happen during such recess of the Senate, and as the Senate had not advised and consented to their appointment: whereupon
Resolved, That while the Senate venerate the authority and dignity of the office of President of the United States and will at all time, as a high and essential power in the constitution, exert themselves to maintain and preserve undiminished the whole executive authority thereby established, they owe it to the trust confided to themselves as we as to the the states, their constituents, to protect the power over appointments to office, which the constitution has placed in that body. From these considerations, joined to the conviction that the rights of the Senate have been infringed by an important act, to the validity of which the advice and consent of the Senate were essential, the Senate find themselves called upon by their duty to the states, and in support of the constitution, reluctantly to protest, and they do hereby solemnly protest against the commissioning as aforesaid of Albert Gallatin, John Q Adams, and James A Bayard, as an act not authorized by the constitution, and in the performance of which the power of the Senate has been disregarded.
Resolved, That an authenticated copy of the foregoing resolutions be delivered to the President, by a committee of members of the Senate.

REMARKS OF MR. GORE
ON THE
ABOVE RESOLUTIONS.

The subject which occasioned these resolutions, will be readily recognized to be the President's commissioning Messrs. Gallatin, Adams, and Bayard, envoys extraordinary, to negotiate a treaty of peace with the United Kingdom of Great Britain and Ireland, during the recess of the Senate, prior to their session in May last.
When the message of the President announed that he had commissioned these gentlemen, during the recess, the supposed irregularity was noticed, and frequently made the topic of discussion.
It was then remarked, that although the granting the commission during the recess might be irregular, it was not in evidence against the fitness of the gentlemen for the office to which they were named. The advice and consent of the Senate to their appointment could only give validity to the commission which would issue after the date of such advice and consent. That the nomination, with its circumstances, was sufficiently perplexing, without the addition of any difficulties that were not necessarily involved in its consideration. That the subject of the resolutions, if pressed at that time, might unduly influence in the question of appointing the envoys, and the desire of appointing them might, on the other hand, have an improper influence in the decision of this question.
The subject was therefore waved, until the senate had acted on the nomination. The resolutions were then brought forward, but this was so late in the session, that several members had gone home, and all were preparing to go. They were therefore postponed. As soon as the senate appeared to be as full, and it was expected to be this session, the resolutions were brought forward.
I have through it not improper, sir, to make this statement, as a reason why this subject has been so long delayed, and why it is brought forward, at the present time-and I trust under such circumstances, as will insure to it a temperate discussion and a just decision.
The second section of the second article of the consitution treats of the power of appointment to office, under that instrument. It constitutes and defines the authorities, in whom this power shall be vested, the circumstances in which it may be varied, and the modifications where with it may be exercised.
Speaking of the president, the section declares, "he shall nominate, and, by and with the advice and consent of the senate, shall appoint ambassadors, other public Ministers and Consuls, Judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the congress may, by law, vest the appointment of such inferior officers, as they think proper, in the president alone, in 'the courts of law,' or in the heads of departments."
"The president shall have power to fill all vacancies, that may happen, during the recess of the senate, by granting commissions, which shall expire at the end of their next sessions."
The power of appointment is rested in the president and senate, with specified exceptions, of cases otherwise provided for, by the constitution itself, and of such cases of inferior officers, whose appointments congress may by law vest in the president alone, in the courts of law, or in the heads of departments. The depositing of this power of appointment in these two great departments of government, was, from the very nature and constitution of one of them, subject to inconvenience.
The president, at all times and in all places, contains, within his own person, all the powers and authorities of his high office. This department is always in existence.
The senate consists of various members, having no power or authority, but when legally assembled together, and seeing in a body, under one head, and with their recording officers- they were neither expected, nor intended to be always in session.
Vacancies in office might happen during their recess.
To guard against a failure of the public service, from this circumstance, the constitution provides a remedy, taking special care, that the remedy shall be no greater, than to relieve against the mischief that was apprehended.
To this end it declares, that the president, one of these departments, a portion of this depository of the general authority of appointment, shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions, which shall expire at the end of their next session.
The power of appointment is vested, conjointly, in two branches of the government.-A case as described, in which one branch may, under special circumstances, exercise a mortified  power. What is that case? It is the case of a vacancy in an office, a vacancy of a certain and definite character, viz. a vacancy that may happen during the recess of the Senate.-If the vacancy happen at another time, it is not the case described by the constitution: for that specifies the precise space of time wherein the vacancy must happen, and the time which define this period bring it emphatically within the antiest and well established maxim.
Expresio un u est Exclusio ul er us.
The reason why the constitution adopts this precise language and so strictly limits the case, is evident from the spirit and intention of that instrument, in the the distribution of the powers there by created and delegated.
The intent of the constitutionwas to vest the power of appointment in two departments of the government: It would defeat its own purpose, then were it to authorise one of these departments of the government to exercise this power, except in the specified case in which the public interest may require immediate action, and the other could not be convened seasonably for his purpose.
An office is created by the constitution, or by some law in pursuance thereof. A vacancy may be said to exist in such office, immediately after its creation. Such, however, is not the case provided for by the clause under examination. It is the case of a vacancy that may happen during the recess of the Senate.
if the vacancy existed during the session, it could not be said to have happened during the recess, that is, within a period, which ex vi term nurem, excludes the very time when it did happen.
If a vacancy happen in an office, the office must have been before full: for to assert that a vacancy has happened necessarily implies the fact that such office had previously no incumbent, that it was [unable to decipher], it does not happen in the recess of the Senate. Therefore, for a vacancy to happen at any time in office, that office must have been full at some time previous to the period when it did happen: for a vacancy to happen during the recess of the Senate, the office must have been full during their session prior to, and at the commencement of their recess. Were it not for the precision of language used in this grant to the President, and the unavoidable construction thereof, a great and manifest object of the constitution, viz. the vesting the power of appointment in two great organs of the government, the President and the Senate, might have been totally defeated, by an assumption of the whole power by the President.
Vacancies exist in all offices, however created, until persons are appointed to fill them.
If an office had been created by law, or otherwise, and brought into existence during the session of the Senate, it would be only for the President to wait until their recess to commission a person to fill the vacant office, prefer his name to the Senate at their next session and a short time before the recess. If dissaproved, he may be re-commissioned immediately on the adjournment, and the same course be pursued at the subsequent as at the preceding session. In this way an officer, and, if one, all officers might be commissioned and continued in office as long as the President should please, not only without, but contrary to the advice and consent of the Senate, a department of the government, constituted by the constitution an essential branch in the power of appointment.
The second resolution is an assertion of the opinion of the Senate as to a mere mover of fact, which I presume will not be doused, and although necessary to effect the conclusion contained in the subsequent resolutions, needs no comment.
The third seems to be an unavoidable corolary from the opinions and faces declared in the preceeding resolutions and in this.
The observations before made preclude the necesisity of much remakr on this resolution, at most which would be pertinent now have already been presented to the consideration of the Senate. Some general notice, however, will be taken of thr powers and authorities of the constitution in regard to the subject under discussion.
In recurring to the constitutional power of appointment it will be seen that it consists of two branches of authority, to be exercised by two distinct bodies, acting independently of each other; but in order to effectionate an appointment both most concur.
The power of nomination is exclusively in the President. That of appointment is vested in the President and Senate jointly, and their advice and consent are as necessary to effect an appointment as the nomination of the President.
If the constitution stopped at the end of the second paragraph of the section before quoted,  the only inquiry, in order to determine on the necessity of the advice and consent of the Senate to an appointment, would be, whether the officer were an inferior officer, and whether Congress had, by law, vested the appointment in the President alone, in the courts of law, or in the heads of department.
The answer in the case now under consideration is, Congress have made no law respecting it; and, further, that Congress have no power to vest the appointment of these officers in any one, they not being inferior officers.
If Congress have no power to vest this appointment in the President alone, it would seem free from all doubt, that the President could not rightfully exercise such an authority; and equally so, that the Senate could not surrender their authority, or acquiesce in its exercise by another. The Senate is a trustee, for the benefit of the public, of all the powers vested in them. Wherever a power is vested in a trustee, there is a correspondent duty to exercise such power, and not surrender it to another.
It will not be amiss, it considering this subject, to keep in view how sacredly the people intended to guard this right, and this duty in the Senate by not permitting that body, even with the concurrenceof the House of Representatives, and the President, to discharge itself of such a duty, by a surrender thereof to any other body.
If it be attempted to degend this appointment, it will probably be on the last paragraph in this section, which authorizes the President to fill up all vacancies that may happen during the recess of the Senate. Sufficient has been said, I trust to show that no authority can be derived from this clause.
It has been suggested, that the President has a right by the constitution to create the office of ambassadors and other public ministers. An office is created by the constitution, or by some power under it. Prior to its being so created, it does not exist. Whatever power is granted, as regards the appointment of public ministers, is in that clause which says the President shall nominate, and by and with the advice and consent of the Senate shall appoint. If this, then, be the power of creating the office, it must be an actual appointment, and that can only be by the President and Senate. No other authority than what is embraced by these words can be found for the creation of the office of public ministers, and this is not in the President alone, but the in the President and the Senate. In other words, the appointment makes the office, and the appointment cannot be made without the concurrent judgment of these two great organs of the government.
Perhaps it may be more proper to consider the office of ambassador and public minister as necessarily existing, fromt he relation of the U. States, as an independent power, to other independent powers, and this recognized by the constitution. Most offices are created by laws enacted by Congress. The practice has been, in cases where there is reason to apprehend that sufficient time will not be afforded, during the session of the Senate, for a proper selection of persons to fill such offices, and that inconveniences might result from delay till their next session, to authorize the President to appoint such officers in the recess of the Senate. This course will be found to have been adopted early in the history of this government. There is one act to this effect of March 3, 1791, vol 1, page 301. This was in the second session of the first congress.-And the practice has been invariably continued since. An act is also made (March 3, 1799) to authorize the President to fill up vacancies that happen during the session of the Senate.
In these cases offices undoubtedly exist, and the authority given to the President in them goes on the presumption that there exists a vacancy at the time of passing the act, and that such vacancy will exist during the recess of the Senate. If nothing further were necessary, then the existence of an office, and a vacancy therein, to entitle the President constitutionally, to make the appointment, in the recess of the Senate, this authority by law would be unnecessary.
Congress then, and this Senate, as one branch of Congress, seem to have settled the question, and one may fairly say, the President also; for it in his opinion, the power of appointment to vacnat offices was vested in him by the constitution, he would harfly consent to receive the power from Congress, especially as thus receiving it must be constructed an into acknowledgement, that he could derive no such power immediately from the constitution. The construction of an instrument made contemporaneously with, or shortly after its formation, may be safely relied on for disclosing the intention of the framers, in the language they used.
It is well knoqn that the first President of the U. States was also President of the convention that reported the constitution, and that two of the heads of departments, and many of the first Senate had been distinguished memebers of the same convention.
It will be found by a reference to the executive journals of the Senate, during the administration of President Washington, that at each seesion of the Senate, and shortly after their meeting, he sent messages on the subject of appointments during the recess, that left no doubt of his construction of the constitution in this particular-1. vol 236, 389, 2. vol 9, 76. In addition to the conclusion to be drawn from these messages of President Washington, a fact is stated by Chief Justice Marshal in his life of Washington, which shows distinctly the construction of that great man on his constitutional powers, in a case analogues to the one under consideration and notwithstanding the circumstances were urgent, he did not feel himself authorised to act in the reces of the Senate, in the case of vacancy that did not happen in such recess.
Thus, sir, I have supported the construction of the constitution contained in the resolution now on your table, by the literal sense and meaning of the terms used in that instrument by its obvious spirit and in ent, by the judgement of the President, Senate and House of Representatives repeatedly, deliberately and solemnly given in their [unable to decipher] acts, and by the uniform conduct of President Washington during his administration.
To maintain the rights of this department of the government, and thereby protect those of the states, represented in this body, is not only the privilege, but a sacred duty of the Senate, with which, in my judgement, we are not at liberty either to compromise or equivocate.
To the end, then sir, that we may arrest the progress of an evil, which subverts the organization of the government, by depriving the Senate of their constitutional authorities, and vesting them in the President of the U. States, I propose thos resolutions, which contain the solemn protest of the Senate, and provide for its presentation to the Supreme Magistrate.

ASSIZE OF BREAD.
The average cash price of supertine Flour in Washington county is ascertained to be from $5 50 to $6.
Agreeably to the directions of the act of the City Council of Washington regulating the weight and quality of Bread, the weight of Loaves for the ensuing month must be-
Single Loaf,    23 ozs.
Double Loaf,  46ozs.
By order of the Mayor and City Council,
WM HEWITT, Register.
April 28

REGIMENTAL RENDEZVOUS,
Fredericksburg, 19th Aprl, 1813
ALL officers belonging to the 20th regiment of Infantry, not on duty, are required to report themselves personally to me at this place without delay.
JOHN STANDARD, Major
20th Inf'y, Comd'g.
April 23-2awSw

WASHINGTON CITY
THURSDAY, APRIL 28.

The President of the United States and family left this place yesterday on a short visit to Montpelier, his seat in Organce county, Virginia.

FOR THE NATIONAL INTELLIGENCER

The stability of a national superintending government over eighteen free and independent states, many of them of extensive territory, opulent and populous, presents to the philisophic mind a subject of deep and interesting speculation. Whilst these bodies move in free space, exempt from foreign perturbations, they will follow the laws of their original projection, and revolve in harmony around their primary.
At an early age of the Washington administration, the opposition to the exercise law created on this question a serious alarm. The suppression of the insurgents reinvigorated government. From that period it has enjoyed the incalculable power, which I trust has not been overrated-an opinion of its strength.
This confederate republic has since been rapidly advancing in the road of greatness. For a moment, indeed, there seemed to be an aberration from republicanism, but the latent whigism of the people revived, and by one mighty effort overwhelmed the monarchial tendencies.
The great question still remains to be solved; can we sustain the brunt and shock of war? This is the grand test of our political national institution, and it is now, to adopt the words of Mr. Jefferson, in the full tide of experiment.
There never, perhaps, has been a government for so long a space of time under the guidance of a more pure morality. At the beginning of the French revolutionary war, some intricate points arose. They were settled, perhaps, with a strong predilection torwards preserving our neutrality. If a latitude was taken by the great Washington in the interpretation of our treaty with France and in the memorable treaty with England, we shall find a palliation, if not a defence in the extraordinary character of the time and the disruption of the system of ages, then borne down by the tempest which ravaged Europe.
It is to the poor, to those who are in a state of privation, we generally ascribe that cupidity which passes the limits of justice and ends in crime. America was a fair possession, descending on a noble youth, made rich beyond his hopes, and whose only rational wish must have been the unmolested enjoyment of the blessings Heaven had showered down upon him.
If we are unfortunate enough to be in a state of war, to what is it to be attributed? Have we been the property of some juvenile aspiring prince-another Frederick, lavishing our blood and treasure, eager to attract the notice of mankind, to gratify an inordinate ambition, and be deemed a hero? Was there ever a nation more patient under wronf, so submissive under insult, and with less spirit, for so long a time enduring so many injuries and indignities? If federalism had been gratified by placing Mr. Burr in the presidential seat, suspicion would have hovered around him, & it might not have been improbable to have supposed that the constitutional commander in chief of our armies, himself personally at the can, might have been seeking food for his ambition. Every man of intelligence knew that the republican ascendency was put to risque by entering into war. Were we the blind dupes of the policy of Bonaparte, when in the solemn public exposition of our motives we disclaim all present and future compact, and reast our cause on our own strength and the aid of Heaven? If Bonaparte was friendly, or even polite, would he not in the course of nearly ten years ventured a small squadron of man of war, or even of frigates, in aid of our naval force, with which a signal blow might have been struck on our coast?
If there has been any leaning or deviation from the rigid line of a strict neutrality, it was manifested in the second period of the first Presidency, and through that of Mr. Adams.
If the fair impartiality of the immortal Washington was in any degree warped, we must seek the bias in the influence gained on his honorable mind by the weak advisers who surrounded him after the secession of Mr. Randolph.
The low and penurious grade of compensation to the high and responsible officers of the government, deined the President at that time the aid of able men. How insignificant in estimation, and how poor in talent, the successor of Mr. Randolph! By one of the whimsies of fortune, we beheld this restless, intriguing character presented to the public in the important station of Secretary of State. So moderatre was his reputation, that when his correspodence afterwards came before the public, humble as we find his pretensions to compisition, his earlier productions were attributed to a district judge in one of the middle states.
It was the great misfortune of the administration of Mr. Adams, to find on his accession to the Presidency the great offices occupied by such imbecile men as PIckering, McHenry, and Wolcott. Among the prominent [unable to decipher] of the federal party, there is no [unable to decipher] heart and principles are more questioned than those of the Secretary. He poused the cause of Britain with a zeal which has ever grown in the midst of the present war with that haughty power we tho't ourselves, under his auspices, at one dreary moment, on the eve of a treaty of alliance, offensive and defensive, with Britain. An intention, no doubt, contemplated by him; but which the Executive power did not dare to execute. His official communications, instead of chaste and temperate language uniformly observed by Mr. Monroe torwards Britain, breathed against France the tempestuous fires which raged in his bosom. He raked up ever ember of our sleeping resentment. He spurned at conciliation, and strove to fan the flame of ire, which then agitated the French Directory. Even the unlettered Mr. Pickering dealt in tropes and figures, and, we can all remember, foisted into a state paper, "the TYGER which CROUCHES before it seizes its prey."
The exterior of this gentleman exhibits the plain appearance and simple manners of a Republican. His mask is easily assumed. It was not until Sextus was acclaimed Pope in the Conclave he rose from his crutches in all the swelling of his mighty amoition, on the astonished spectators. The friend of the fast anchored isle thrown in the shade the humble monarchial virtues of a Blake and an Otis.
No man is more willing than myself to hold in respectful deference the virtues and talents of many gentlemen called Federalists. It would be unfair to make such men responsible for the disgraceful anonymous slanders of our government to be found in the public prints of the day. What license however has been indulged to this bad political Chatham and his various acknowledged newspaper publications? Will the real patriot, whatever party, claim as an associate the defender of the attack of the Chesapeake-and of the blockade in peace of our ports-the calumniator of our Executive respecting the Russian mediation-the ex-Secretary of State, who attempted to decry the public credit of its country whilsy engaged in a war with one of the most formidable powers in the world?
When the gentleman was in office, the vial of his wrath would have been poured on such an opponent. The keen fangs of the sedition law would pierced deep to his heart. The era of the reign of terror is not yet forgotten. The loathesome offerings of Mr. Pickering's political essays, has passed coldly through the Federal literary files. If they did not excite indignation, they uniformly produced disgust.
The mild spirit of the Madison administration, it is probably, will not furnish Mr. Pickering with the eclat of suffering as a martyr in the cause of royalty. Falsehood loses its string if grossly and portinaciously reiterated. It is not the public interest that this gentleman should withdraw himself from the field of literary warfare. The government prospers under his hostility. When Mr. Pickering publishes, he beats up for the recruits, and swell the rank of Republicans.
Some inquietude had been feit at the apparent apathy, which permitted uninterrupted calumny, without resorting to the shield of the law. Time has however almost converted into a maxim what had been offered as a political problem, that "error of opinion may br tolerated whilst reason is left free to combat it." The march of the administration appears firm borne along with majestic tread, by the nobleness of