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MARCH, 1800.]
The Frigate Constellation, &c.

(H. OF R. was so expressed, as to exclude the case of an | lution proposed by the gentleman from Delaimpressed American liberating himself by homi- ware, so as to have done with the business, and cide. He concluded with observing, that he not to enter on another week with it; however, had already too long availed himself of the in- 54 rising for the adjournment, it was carried. dulgence of the House, to venture farther on that indulgence by recapitulating or reinforcing

MONDAY, March 10. the arguments which had already been urged. When Mr. MARSHALL had concluded, Mr. Dana

Case of Jonathan Robbins. rose and spoke against the resolutions.

Mr. BAYARD moved that the Committee of the An adjournment was then called for and car- | whole House, to whom was referred the Message ried-yeas 50, nays 48.

of the President, relative to Thomas Nash, alias Jonathan Robbins, and a resolution submitted

by himself to the House, approbating the conSATURDAY, March 8.

duct of the President, and referred to that. Case of Jonathan Robbins.

committee, be discharged from the further conThe House resumed the consideration of the sideration thereof. report made on Thursday last, by the Commit- A long debate arose upon this motion, in tee of the whole House, to whom was referred which Messrs. RANDOLPH, DavIS, JONES, NICHthe Message of the President of the United OLAS, LIVINGSTON, and EGGLESTON, spoke against States, of the seventh ultimo, containing their it-and Messrs. BAYARD, BIRD, OTIS, KITTERA, disagreement to the motion referred to them on VARNUM, RUTLEDGE, EDMOND, SHEPARD, and the twentieth ultimo; and the said motion being H. LEE, in favor of it; when the question was read, in the words following, to wit:

taken by yeas and nays, and carried in the affir(See ante-Mr. LIVINGSTON's resolution, Feb- mative-yeas 62, nays 35. ruary 20.)* Mr. NICHOLAS spoke in answer to Mr. MAR

Monday, March 17. SHALL.

Medal to Captain Truxton. The question was then taken that the House

Mr. PARKER observed that information had do agree with the Committee of the Whole in

been received of a very gallant action having their disagreement to the same, and resolved in

occurred between a frigate of the United States the affirmative-yeas 61, nays 35, as follows:

of 38 guns, commanded by Commodore TruxYEAs.-Willis Alston, George Baer, Bailey Bart

ton, and a French vessel of 52 guns, which was lett, James A. Bayard, John Bird, John Brown,

extremely bloody, but valiant on the part of the William Cooper, William Craik, John Davenport, Franklin Davenport, Thomas T. Davis, John Dennis,

United States commander. It was not usual to George Dent, Joseph Dickson, William Edmond,

grant emoluments on account of any particular Thomas Evans, Abiel Foster, Dwight Foster, Jona

gallant action, to our officers, but to give approthan Freeman, Henry Glenn, Samuel Goode, Chaun

bation was common and consistent. In other cey Goodrich, Elizar Goodrich, William Gordon,

countries, he said, monuments had been erected Edwin Gray, Roger Griswold, William Barry Grove, | to commemorate such splendid victories. Robert Goodloe Harper, Archibald Henderson, Wil As a testimonial of the regard of Congress for liam H. Hill, James H. Imlay, James Jones, John the officers who so bravely supported the flag of Wilkes Kittera, Henry Lee, Silas Lee, Samuel Lyman, the United States, and to encourage similar acts James Linn, John Marshall, Abraham Nott, Har- of bravery, he would propose the following rerison G. Otis, Robert Page, Josiah Parker, Thomas solution: Pinckney, Jonas Platt, Leven Powell, John Read,

Resolved, by the Senate and House of Representatives John Rutledge, jr., Samuel Sewall, James Sheafe, William Shepard, Richard Dobbs Spaight, David

of the United States in Congress assembled, That a golden Stone, Benjamin Taliaferro, George Thatcher, John

medal, emblematical of the late action between the Chew Thomas, Richard Thomas, Joseph B. Varnum,

United States frigate Constellation of 38 guns, and

the French ship-of-war La Vengeance of 52 guns, he Peleg Wadsworth, Robert Waln, Lemuel Williams, and Henry Woods.

purchased under the Secretary of the Navy, and be Nays. Theodorus Bailey, Phanuel Bishop, Robert

presented to Captain Thomas Truxton, in testimony Brown, Samuel J. Cabell, Gabriel Christie, Matthew

of the high sense entertained by Congress of his galClay, John Condit, Joseph Eggleston, Lucas Elmen

lantry and good conduct in the above engagement, dorph, John Fowler, Albert Gallatin, Andrew Gregg,

wherein an example was exhibited by the captain, John A. Hanna, Joseph Heister, David Holmes,

o officers, sailors, and marines, honorable to the AmeriGeorge Jackson, Aaron Kitchell, Michael Leib,

can name, and instructive to its rising Navy. Matthew Lyon, Edward Livingston, Nathaniel Macon,

The resolution was ordered to lie on the table. Peter Muhlenberg, Anthony New, John Nicholas, Joseph H. Nicholson, John Randolph, John Smilie, John Smith, Samuel Smith, Thomas Sumter, John

TUESDAY, March 18. Thompson, Abram Trigg, John Trigg, Philip Van Officers and Crew of the Constellation. Cortlandt, and Robert Williams

Mr. Parker moved that the unfinished busiA motion was made to adjourn. Mr. Macon ness be postponed for the purpose of taking up hoped the House would sit and decide the reso- the resolution which he yesterday laid on the

table, relative to the captain, officers, and crew * Not reported.

of the Constellation; when

H. OF R.]
Frigate Constellation.

[MARCH, 1801 Mr. NICHOLSON said he wished it might not

WEDNESDAY, March 19. be taken into consideration until some official

Military Academy, de. information was received upon the subject from

Mr. Otis, from the Committee of Defence, the Secretary of the Navy, upon which reso

reported a bill for establishing & Militar lutions can be grounded. In his opinion, the

Academy, and for better organizing the corre resolution of the gentleman did not go far enough.

of Engineers and Artillerists. It had been said, that a young officer had volun

The bill was proceeding to be read, wha tarily lost his life, rather than shrink from his

Mr. Otis suggested that as this bill containel duty, which he thought ought to be noticed.

much the same in detail as a report on the sub He was in favor of giving his approbation of the

ject made by the Secretary of War, with which conduct of the officers and crew in more general

every gentleman was acquainted, he supposed terms than the resolution on the table contem

the reading would not be necessary. plated.

Mr. Macon said he should have no objection After some observations from Messrs. OHAM

to its being read a first time, though he did not PLIN and HARPER, who were of the same opinion,

think it necessary; but he would give notice Mr. PARKER said, he did not suppose a doubt

that it was his intention to move that the bil could exist upon this subject sufficient to require

be rejected. He mentioned his reasons to be any further information than had been received

the expense of the measure generally, which it through the medium of the newspapers. He had

was an improper time to incur. seen a letter in the possession of the Secretary

The bill having been read, he made the moof the Navy, from Captain Baker, of the Dela

tion. ware, who had every opportunity of knowing

Mr Otis and Mr. CHAMPLIN answered. Nr. the situation of the enemy's frigate, was in the v

| VARNUM supported the motion, which was at same harbor, and, being a nautical man, was of

length negatived, 49 to 42; and the bill was re course able to give a correct opinion on her then

ferred to a Committee of the whole House. situation, and the evident marks of the bravery of her antagonist with whom she contended this was sufficient to satisfy his mind.

THURSDAY, March 20. If, said Mr. P., gentlemen think the resolution Removal of Seat of Government. does not go far enough, there is no one who will

Mr. Otis observed that it appeared to be the more cheerfully concur in offering other testi

general opinion that the seat of Government monies of approbation, than myself. With re

would be removed to the Federal City, and spect to the young officer, * whose gallantry and

that Congress would commence their next sie good conduct had been so highly spoken of, it

sion at that place; and as some preliminary was his intention to have brought forward a

measures were necessary to be made previous resolution for setting up his bust in a niche of

thereto; and as it would be reposing too much the Capitol of the city of Washington.

power in the Commissioners who now act there Mr. P. concluded with observing that he had

to rely entirely on their reports; and as sotze no objection to call for information from the

measures must be reported and adopted before Secretary of the Navy, and would therefore

the end of the present session, he laid on the withdraw his motion.

table the following resolution: Mr. PARKER then moved that the House come

Resolved, That a committee be appointed to conto the following resolution, viz:

sider what measures are expedient for Congress to Resolved, That the Secretary of the Navy be re-adopt, preparatory to the removal of the seat of quested to lay before this House any information he Government, with leave to report by bill or othermay possess, respecting the engagement which lately

lately wise." took place in the West Indies between the United States frigate Constellation and a French ship-of-war;

Amy Dardin's Case. and, also, respecting the conduct of James Jarvis, a mid The House went into a committee on the reshipman on board the said frigate.

port of the Committee of Claims on the petition Mr. SMITH moved to strike out the words of Amy Dardin, which was that the prayer of in italics, which created considerable debate; the petitioner ought not to be granted. - Being when

| taken up in the House, the propriety and imMr. BIRD proposed to insert in lieu thereof, propriety of granting it was again contended, the following words: “And also upon the con- when there appeared in favor of the report 42 duct of any officer or other person on board against it 42. The SPEAKER decided in the said frigate, who may have particularly signal- affirmative, so that the claim was not admitted. ized himself in the said action;" wbich Mr. B. supposed would meet the intention of the mover, and be less liable to objection than the words

Friday, March 21. proposed to be stricken ont.

Action of the Frigate Constellation. Mr. PARKER having consented to the modifi- The SPEAKER laid before the House a report cation, the resolution was agreed to.

from the Secretary of the Navy, in compliance

with the instructions of the House, respecting * Son of Mr. James Jarvis, of New York, and midshipman on board the Constellation in the engagement of the 1st of

the engagement which occurred between the February, who was killed by the falling of the mast. frigate Constellation and a French ship-of-war.

MARCH, 1800.]
Medal to Captain Truxton.

[H. OF R The report enclosed a letter from Captain Trux- | peace. How did the pursuit of this ship the ton, detailing the action, and also extracts of forcing her into an action, which ended in the letters from the American Consul at Curaçoa, crippling of both vessels-comport with that and one from the American agent at St. Kitts, protection which was to be afforded to our respecting the disabled state of the French ship commerce by the Constellation? La Vengeur. As to any particular specimen of Mr. R. said that his duty obliged him to act valor, the Secretary received no information ; upon his own opinion; and, however singular but that all the officers and men had acted with it may appear, he should vote against the first the most unexampled bravery and decorum was resolution, unless the gentleman who brought it attested by the captain, whose good manage- forward would make it appear that it was the ment was evinced by the singular success of the duty of Captain Truxton to compel the Venaction. The Secretary mentions the singular geance to come to action, when he knew her to bravery of James Jarvis, a Midshipman, who be of such superior force. The second resolupreferred death to quitting his post.

tion met his most hearty approbation, On motion of Mr. H. LEE, this report, to- Mr. PARKER said, what the present state of gether with a resolution proposed some days things between the two countries might be, in since by Mr. PARKER, was referred to the Naval the opinion of his colleague, he could not say; Committee.

but Mr. P. conceived it was no other than it

was at the time Congress passed a bill which MONDAY, March 26.

prescribed the conduct of our naval command

ers. In that bill they were authorized to take Medal to Captain Truxton.

or destroy all French armed vessels: under Mr. PARKER, from the Naval Committee, re- these orders Captain Truxton left this country, ported the following resolutions :

and, in obedience to instructions to that effect, " Resolved, by the Senate and House of Represen- he pursued and engaged this vessel, which, tatives of the United States, in Congress assembled, though of superior force, he had beaten. Had That the President of the United States be requested he not attacked her, it is most probable she to present to Captain Thomas Truxton, a golden would have proceeded against our commerce. medal, emblematical of the late action between the The law having been passed by Congress if United States frigate Constellation, of 38 guns, and

President of the United States had not given the French ship-of-war La Vengeur, of 54 guns, in

orders conformably thereto, he would have testimony of the high sense entertained by Congress

been subject to impeachment. He, therefore, of his gallantry and good conduct in the above engagement, wherein an example was exhibited by the

| presumed it to be his duty; and, most certaincaptain, officers, sailors, and marines, honorable to Ily, such orders being given to the commandthe American name, and instructive to its rising ers, they were bound to conform to them. nayy.

Mr. P. thought that this and greater approba« Resolved, That the conduct of James Jarvis, a tion ought to be expressed by Congress for midshipman in said frigate, who gloriously preferred conduct so brave and unprecedented. In some certain death to an abandonment of his post, is de- countries monuments had been raised, but this serving of the highest praise ; and that the loss of so was unnecessary, though merited. Our naval promising an officer is a subject of national regret." exertions were very recent and confined, but an

The House then proceeded to the consider- instance of extraordinary valor having occurred ation of these resolutions; the first of which it ought to be honorably and suitably noticed. being under consideration,

Mr. NICHOLAS said, however he might agree Mr. RANDOLPH said, that inasmuch as he with his colleague (Mr. RANDOLPH) in a desire could not give his assent to these resolutions, that no conduct should be encouraged that he felt impressed with the propriety of stating would tend to aggravate France in the present the reasons which would govern his vote. situation of things, he could not agree with him

It was not with any intention to detract from in his present sentiments. While we were in a the deserved reputation which had been so state of actual, though not of declared war, Mr. nobly earned by the captain, officers, and crew N. thought it was naturally to be expected that of the Constellation; still less to withhold the our commanders would act in their complete well-earned applause due to that gallant youth military character, when our ships were arrayed who had sacrificed his life in the prosecution of | for battle, and power given to act up to the full bis duty. It was to the first of these . resolu- rigor which the laws of honor and of war would tions, only, that he should deny his concurrence. warrant. In the conduct of the captain, as He should do this, unless the gentlemen of the well as the crew, Mr. N. said, he saw nothing Naval Committee should show to him that it but what was extremely laudable, and highly was the duty of the commander of the Constel- meriting approbation. lation to persist in the chase, and compel to ac- Mr. Lyon said he rose to request the division tion a ship of such superior force. This con- of the question on the resolutions. He was disduct was, in his opinion, rash; and, when the posed to vote for the latter resolution, and not situation of the United States and France was for the former taken into consideration, it was peculiarly un- The SPEAKER declared they would be divided, advisable. Our Commissioners were at this and that the question before the House was on time in the capital of that country negotiating the agreeing to the first resolution

H. oF R]
Removal of the Seat of Government."

[APRIL, 1800. Mr. Lyon observed that he had voted for the John A. Hanna, Robert Goodloe Harper, Thomas equipment of the three frigates under an im- Hartley, Archibald Henderson, William H. Hill, pression that they would be employed solely David Holmes, Benjamin Huger, James H. Imlay, for the protection of the commerce of this James Jones, Aaron Kitchell, John Wilkes Kitters. country: but now he found himself called upon

Henry Lee, Silas Lee, Michael Leib, Samuel Lyman, to give thanks or praise to the commander of

James Linn, Nathaniel Macon, John Marshall, Peter one of those frigates, and for what? for going

Muhlenberg, Anthony New, John Nicholas, Joseph

H. Nicholson, Abraham out of the station assigned to him, as the most

Nott, Harrison G. Otis,

Josiah Parker, Thomas Pinckney, Jonas Platt, Leven proper for the protection of the trading vessels

Powell, John Read, John Rutledge, jr., Samuel Sewall of this country, in chase of a ship-of-war of James Sheafe, William Shepard, John Smilie, John much superior force; and for reducing the ship Smith, Samuel Smith, Richard Stanford, David Stone, under his command, as well as that of his op- Benjamin Taliaferro, George Thatcher, John Ches ponent, to a mere wreck. Mr. L. said he had Thomas, John Thompson, Abram Trigg, John Trigg, seen nothing in the orders which had been pub- Philip Van Cortlandt, Joseph B. Varnum, Peleg lished directing him to do this, nor did he think Wadsworth, Robert Waln, Robert Williams, Lemuel policy or prudence dictated the measure. Let | Williams, and Henry Woods, all our naval commanders be excited to follow Nays.--George Jackson, Matthew Lyon, John this example: let them play or fight each of Randolph, and Thomas Sumter. them their vessel against a French vessel-of The other resolution was adopted unanimous war of superior force in the same way, and our ly. naval force is crippled, while the French will scarcely feel their loss; then our commerce

MONZ AY, March 31. would be wholly at their mercy. Besides these considerations, what is there to defend that

Lake Superior Copper Mines. coinmerce, on the station left destitute by the The House, according to the order of the day, Constellation, while she is refitting. For his again resolved itself into a Committee of the part he was as glad and proud as any gentle whole House on the report of the committee man that our officers, and our sailors, and our appointed, on the 5th instant, to inquire into marines, had behaved gallantly and done them- the expediency of authorizing the PRESIDENT selves and their country honor, in the late ac- OF THE UNITED STATES to appoint an agent to tion, but he did not feel himself bound, under purchase of the Indians a tract of land on the existing circumstances, to give distinguished south side of Lake Superior, which shall include praise to the conduct which produced it; he | the great copper bed; and, after some time should therefore vote against the resolution. spent therein, the committee rose and reported

Mr. J. BROWN would vote for this resolution a resolution thereupon; which was twice read, for the very reason which some gentlemen urged and agreed to by the House, as follows: for voting against it. He thought the very fact Resolved, by the Senate and House of Representatives of chasing a ship of superior force, and forcing of the United States of America in Congress assembled, her to an action which had been attended with That the President of the United States be ape success, was a commendable act. This to him thorized to employ an agent, who shall be instructed would be the only inducement for paying so to collect all material information relative to the cophigh a mark of national respect. If it had been per mines on the south side of Lake Superior, and an attack upon a vessel of inferior force, he

to ascertain whether the Indian title to such lands as should not think it worth notice. The objec

might be required for the use of the United States, tion was partly on account of the French ship

in case they should deem it expedient to work the being of superior force; surely this would rather

said mines, be yet subsisting; and, if so, the terms

on which the same can be extinguished: And that be a reason why we should have vessels of

the said agent be instructed to make report to the greater force than we have now; therefore he

President, in such time as the information he may hoped the worthy member would suffer that collect may be laid before Congress at their next brave officer to go to sea next time with a session. 74-gun ship under his command, when he

Ordered, That the Clerk of this House do would doubtless bring the enemy to a good ac

ac- carry the said resolution to the Senate, and count.

desire their concurrence. The yeas and nays were called on this resolution and carried-yeas 87, nays 4, as follows: YEAS.-Willis Alston, George Baer, Bailey Bart

WEDNESDAY, April 2. lett, John Bird, Phanuel Bishop, Jonathan Brace, Removal of the Seat of Government. John Brown, Robert Brown, Samuel J. Cabell,

The House then resolved itself into a comChristopher G. Champlin, William C. C. Claiborne, John Condit, William Cooper, Samuel W. Dana,

mittee on the bill to make further progress for John Davenport, Thomas T. Davis, John Dawson,

the removal and accommodation of the GovernJohn Dennis, George Dent, Joseph Dickson, William ment of the United States. Edmond, Joseph Eggleston, Lucas Elmendorph, Tho

A motion was then made to fill a blank for mas Evans, Abiel Foster, Dwight Foster, John Fow- the accommodation of the household of the ler, Jonathan Freeman, Albert Gallatin, Henry Glenn, President, about which considerable conversaSamuel Goode, Chauncey Goodrich, Elizur Good- tion occurred; when Mr. RUTLEDGE moved that rich, William Gordon, Edwin Gray, Roger Griswold, the committee rise, in order that time may be

APRIL, 1800.]
Admirals in the Navy.

· [H. of R. given for learning the amount of money want. Mr. NICHOLSON, after expressing his abhor. ing for this object, and because he supposed the rence of the principles contained in the bill, Chairman of the committee, who was absent, then moved that it be postponed till the first might be able to give that information. The Monday in December next. motion was afterwards withdrawn, but renewed Messrs. HARPER, DANA, RUTLEDGE, and Marby the SPEAKER, and at length carried. SHALL, opposed this motion; and Messrs. S.


NICHOLAS, supported it.

| The question was taken by yeas and nays, and Lands given in satisfaction of Judgments. I decided in the negative-yeas 48, nays 52. Mr. HARPER observed that in some of the Mr. Harper's motion for postponement till States lands were received in satisfaction of Monday, was then agreed to-ayes 54. judgments, which also was the case in such places where the United States were plaintiffs. To remedy what he conceived an evil, he laid

MONDAY, April 21. on the table the following resolution :

Admirals in the Navy. " Resolved, That a committee be appointed to in- Mr. PARKER, from the Naval Committee, require and report, by bill or otherwise, whether any, posted a bill for the appointment of admirals and what, further provisions are necessary to be made for the navy. relative to the sales of real estate delivered to the [This bill provides for the appointment of one United States in satisfaction of judgments against Vice Admiral and four Rear Admirals, and arpersons indebted thereto:”

ranges the fleet into squadrons.) Three members were appointed.

It was read a first time, and on the question

for the second reading, it was carried—37 to 31. Friday, April 4.

Having been read a second time, Mr. GALLATIN

moved its postponement till the first Monday in Removal of the Seat of Government.

December next. The House then went into Committee of the The SPEAKER said the question was, whether Whole on the bill for the removal and accom- it should be committed or not? The question modation of the Goyernment of the United for commitment was carried, 37 to 32. The States.

question was then to make it the order of the Mr. HARPER proposed to amend the act so as day for the first Monday in December next. that the sum to accommodate the household of Mr. EGGLESTON hoped it would be postponed. the President of the United States with fur- He said it would be agreed upon to suspend the niture, in addition to what was now in posses- building of the 74's for the present year; in adsion of the President, should not operate until dition to this our difference with France would after the third of March next. This he did, he most probably be soon adjusted. Another said, in consequence of some constitutional reason was, it would incur an addition of exdoubts which he had expressed. The constitu- pense, which it would be improper to go into, tion declaring that the salary of the President having recently agreed to borrow $3,500,000. should receive no addition nor diminution He was really surprised to hear such a bill produring his being in office. This was concurred in. posed; he scarcely could think his colleague

The question then was, what sum should be sincere. . allowed for that purpose ; $20,000, $15,000, Mr. PARKER said that the building of the 74's and $10,000, were severally named.

was not suspended, but it was thought advisable Mr. RANDOLPII, considering the principle not to hurry their building. He stated a numitself unconstitutional, moved, in order to de- ber of conveniences that would attend the new feat the section altogether, (it having been arrangement; that the whole expense would amended and being out of order to move its not be more than $10,000, but owing to the being stricken out,) to insert the sum of $500. advantages, he believed it would be a real savThese different sums called forth a lengthy de-ing. He did not think there could be any bate. The sum of $20,000 was negatived-45 certainty of a peace, from the revolutionary disto 39. That of $15,000 was carried-yeas 44,1 position of France; but even if it was certain nays 42.

that peace would be made with that nation, it The bill being gone through, was ordered to was not certain that the combined powers be engrossed for a third reading on Monday. would not renew their hostilities. He wished

this measure to be adopted, even if it was at

the expense of the army. The return of peace Friday, April 18.

| would render the army nugatory, except just Disputed Elections of President, &c. enough for the garrisons; the whole of the army Mr. NICHOLSON called for the order of the expenses, he said, was upwards of four millions, day on the bill prescribing the mode of decid- but the whole sum expended on the navy (really ing disputed elections of President and Vice a more efficient defence and advantage) was President of the United States.

little more than two millions. He wished our Mr. HARPER moved that it be postponed till naval defence to be nurtured and rendered reMonday.

spectable, for which the squadron arrangements

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