April, 1811, was communicated by Mr. Barlow, in a letter bearing date on the 12th May, 1812, which was received on the 13th July following: that the first intimation to Mr. Barlow of the existence of that decree, as appears by his communications, was given by the duke of Bassano, in an informal conference on some day between the 1st and 10th of May, 1812, and that the official communication of it to Mr. Barlow was made on the 10th of that month, at his request; that Mr. Barlow transmitted a copy of that decree, and of the duke of Bassano's letter announcing it, to Mr. Russell, in a letter of May 11th, in which he also informed Mr. Russell, that the duke of Bassano had stated that the decree had been duly communicated to him; that Mr. Russell replied in a letter to Mr. Barlow of the 29th May, that his first knowledge of this decree was derived from his letter, and that he has repeatedly stated the same since to this govern

ment.

The secretary also stated, that no communication of the decree of the 28th April, 1811, was ever made to this government by the minister of France, or other person, than as is above stated; and that no explanation of the cause of its not having been communicated to this government and published at the time of its date, was ever made to this government, or, so far as it is informed, to the representatives or agents of the United States in Europe. The minister of France has been asked to explain the cause of a proceeding apparently so extraordinary and exceptionable, who replied that his first intelligence of that decree was received by the Wasp, in a letter from the duke of Bassano of May 10th, 1812, in which he expressed his surprise excited by Mr. Barlow's communication, that a prior letter of May, 1811, in which he had transmitted a copy of the decree for the information of this government, had not been received.

The secretary then enters into an examination of the state of our foreign relations, for which we must refer our readers to the report itself, which will be found among the documents of this session. The report concludes as follows:

"It was anticipated by some, that a declaration of war against Great Britain would force the United States into a close con nection with her adversary, much to their disadvantage. The secretary of state thinks it proper to remark, that nothing is more remote from the fact. The discrimination in favour of France, according to law, in consequence of her acceptance of the proposition made equally to both powers, produced a difference between them in that special case, but in that only.

"The war with England was declared without any concert or communication with the French government; it has produ

ced no connection between the United States and France, or any understanding as to its prosecution, continuance, or termination. The ostensible relation between the two countries, is the true and only one. The United States have just claims on France, for spoliations on their commerce on the high seas, and in the ports of France; and their late minister was, and their present minister is, instructed to demand reparation for these injuries, and to press it with the energy due to the justice of their claims and to the character of the United States."

4. The case of the stenographers was as follows. On the 31st of May the petition of George Richards was presented to the house, stating, that during the last session he reported their proceedings, and that on application at the present session for the like privilege, he had been excluded by the decision of the speaker. The prayer of the petitioner was to be admitted as heretofore, for the purpose of reporting their debates.

The rules of the house provide that stenographers shall be admitted, and that the speaker shall assign them such places on the floor as shall not interfere with the convenience of the house. In the modification of the representatives' chamber for the reception of the great increase of members in the 13th congress, it appears, the places hitherto assigned to reporters were considerably curtailed. Six reporters applied for places, and only four could be admitted. The consequence was that two were excluded, one of whom was the petitioner.

The petition being presented near the commencement of the session, before any of the committees had made their reports, and no matter of importance of course being before congress, this subject gave rise to a great deal of debate, and to a variety of motions. The business was at last settled by the adoption of the following resolution:

Resolved, That a sum not exceeding two hundred dollars be, and is hereby appropriated out of the contingent fund of this house, for the purpose of making provision for the accommodation of stenographers in the galleries of the house, and that whenever such provision shall have been made, no stenographers shall be admitted on the floor of the house.

The executive business transacted in the senate, relative to the approbation of the appointment of the envoys to Russia, and the minister to Sweden, excited an uncommon degree of interest throughout the country.

§ 5. On Monday, May 31, a message was received from the president of the United States by the senate, of which the following is an extract:

To the Senate of the United States.

Commissions having been granted during the recess of the senate to the following persons, I now nominate them to the same offices respectively annexed to their names: Albert Gallatin, John Quincy Adams, and James A. Bayard, to be jointly and severally envoys extraordinary and ministers plenipotentiary, to negociate and sign a treaty of peace with Great Britain, under the mediation of the emperor of Russia; to negociate and sign a treaty of commerce with Great Britain; and the said Albert Gallatin, John Quincy Adams, and James A. Bayard, to be jointly and severally envoys extraordinary and ministers plenipotentiary, to negociate and sign a treaty of commerce with Russia. JAMES MADISON.

Washington, May 29th, 1813.

On Wednesday Mr. King submitted the following motions for consideration, the two first of which were negatived. The last was agreed to, and the secretary was ordered to lay it before the president.

Resolved, That the president of the United States be requested to cause to be laid before the senate, copies of the communications from the emperor of Russia, offering his mediation to bring about a peace between the United States and Great Britain, together with copies of the answers to such communications, and noticing the dates at which the same were respectively received and answered.

Resolved, That the president of the United States be requested to cause to be laid before the senate copies of the commissions granted to Albert Gallatin, John Quincy Adams, and James A. Bayard, to negociate treaties of peace and commerce with Great Britain, and a treaty of commerce with Russia.

Resolved, That the president of the United States be requested to inform the senate whether Albert Gallatin, commissioned as one of the envoys to treat of peace and commerce with Great Britain, and of commerce with Russia, retains the office of secretary of the department of the treasury; and, in case of his so retaining the same, to inform the senate under what authority and by whom the powers and duties of the head of the treasury department are discharged, during the absence of Albert Gallatin from the United States.

The following message was received in answer.

To the Senate of the United States.

In compliance with their resolution of the 3d instant, the senate are informed, that the office of secretary of the treasury

VOL. I. PART I.

S

is not vacated, and that in the absence of Albert Gallatin, commissioned as one of the envoys to treat with Great Britain and Russia, the duties of that office are discharged by William Jones, secretary of the navy, authorized therefore according to the provisions of the act of congress entitled "an act making alterations in the treasury and war departments," passed May 8th, JAMES MADISON.

1792.

Washington, July 3, 1813.

A committee was then appointed, consisting of Messrs. Anderson, King, Giles, Brown, and Bledsoe, to whom the nomination of Albert Gallatin, together with the above message, was referred, to inquire and report thereon.

On the 11th of June, Mr. Anderson, the chairman of the committee, addressed the following letter to the president:

Sir,

Capitol Hill, 11th June, 1813.

I take leave to enclose you a copy of a resolution of the senate. The committee appointed by that resolution have directed me to inform you, that they will wait on you at such time as you may please to appoint, in order to commune with you upon the matter referred to them.

Accept assurances of my high respect.

JOSEPH ANDERSON.

Mr. Anderson afterwards called on the president, who informed him that he did not consider the authority given to the committee by the resolution, such as to authorize them to call on him in their official character, but that if they were especially instructed to call on him, and the specific object designated, he would freely receive them, and appoint a time for that purpose. The committee accordingly reported to this effect, and submitted to the senate the following resolutions, which were read and agreed to, yeas 20, nays 14.

Resolved, That, in the opinion of the senate, the powers and duties of the secretary of the department of the treasury, and those of an envoy extraordinary to a foreign power, are so incompatible, that they ought not to be, and remain, united in the same person.

Resolved, That the committee to whom was referred the nomination of Albert Gallatin (secretary of the department of the treasury), as an envoy extraordinary to treat of peace and commerce with Great Britain, and of commerce with Russia, be instructed to communicate the foregoing resolution to the

president of the United States, and respectfully to confer with him upon the matter thereof.

On the 19th Mr. Anderson made this further report, viz.

The committee to whom was referred the nomination of Albert Gallatin, to be one of the envoys extraordinary and ministers plenipotentiary to negociate and sign a treaty of peace with Great Britain, under the mediation of the emperor of Russia, to negociate and sign a treaty of commerce with Great Britain, and to negotiate and sign a treaty of commerce with Russia, together with the message of the president of the United States, of the 7th June, report:

That, according to the instructions of the senate of the 16th June, the committee, through its chairman, addressed a note to the president of the United States, on the 12th instant, a copy of which accompanies this report, and, in reply thereto, the president addressed a note to the chairman on the 14th inst. which note also accompanies this report, appointing Friday the 16th inst. to receive the committee, to communicate the aforesaid resolution of the senate, and apprising the committee of his late message to the senate, containing the grounds on which he would be obliged to decline the proposed conference with the committee; upon due consideration of this reply, the commitee deemed it an incumbent duty to wait on the president according to his appointment, and to present to him both the resolutions of the senate, in relation to the nomination referred to the committee, and did accordingly wait on him and present them. When the president was pleased to observe to the committee in sub stance, that he was sorry the senate had not taken the same view of the subject which he had done, and that he regretted that the measure had been taken under circumstances which deprived him of the aid or advice of the senate. After the committee had remained a reasonable time for the president to make any other observations if he thought proper to do so, and observing no disposition manifested by him to enter into further remarks, the committee retired without making any observations on the matter of the resolutions, or in reply to those made by the president.

Copy of a letter from the chairman of the committee on the nomination of Albert Gallatin, to the president of the United States.

Sir,

July 12th, 1813.

The committee to whom was referred the nomination of Albert Gallatin, to be one of the envoys extraordinary and ministers plenipotentiary, to negociate and sign a treaty of peace with