atives, each Senator belonging to the class whose term of service will first expire, and constitutionally eligible to the office of President, of which the House of Representatives shall be the sole judges, and shall decide without debate, shall, beginning with the first on the alphabet, and in their alphabetical order, draw a ball out of a box, containing the same number of uniform balls as there shall be Senators present and eligible, one of which balls shall be colored, the others white. The Senator who shall draw the colored ball shall be President. A committee of the House of Representatives, to consist of a member from each State, to be appointed in such manner as the House shall direct, shall place the balls in the box, shall shake the same so as to intermix them, and shall superintend the drawing thereof. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties thereof, if Congress be then in session, or, if not, as soon as they shall be in session, the President shall, in the manner before-mentioned, be appointed for the residue of the term. And until the disability be removed, or a President be appointed, the Speaker of the Senate shall act as President. And Congress may, by law, provide for the case of removal by death, resignation, or inability of the President, and vacancy in the office, or inability of the Speaker of the Senate; and such officer shall act accordingly, until the disability of the President be removed, or another be appointed. The seat of a Senator who shall be appointed as President, shall thereby be vacated. ART. 4. After the third day of March, one thousand eight hundred and thirteen, the compensation of the President shall not exceed fifteen thousand dollars a year. ART. 5. After the third day of March, one thousand eight hundred and thirteen, the office of Vice President shall cease. And the Senate, on the same day in each year, when the President shall be annually appointed, shall choose a Speaker; and in the absence of the Speaker, or when he shall exercise the office of President, the Senate shall choose a Speaker pro tempore. SENATE. ment. But in every case of misconduct in office, where the consent of the Senate, or of the Senate and House of Representatives, shall be necesary to a removal, the President, during the recess of Congress, may suspend the officer, and make a temporary appointment of a person to exercise the office, until the next meeting of Congress, and until a decision can be had by the Senate, or by the Senate and House of Representatives, as the case may be, on a question for the removal of the officer suspended. All proceedings respecting removal from office shall be had, without debate, upon the information and reasons which shall be communicated by the President, and with closed doors. WEDNESDAY, April 13. Agreeably to notice of yesterday, Mr. BRADLEY asked and obtained leave to bring in a bill to alter the time for the next meeting of Congress; and the bill was read, and ordered to the secoud reading. Agreeably to notice of yesterday, Mr. SMITH of Maryland, asked and obtained leave to bring in a bill to revive and continue in force "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia ;" which was read twice, by unanimous consent, and ordered to be engrossed and read a third time. Mr. MITCHILL stated that the Senators and Representatives in Congress from the State of New York were requested, by a resolution of the Legislature of that State, to represent, in the most earnest manner, to the National Government, the exposed situation of the port of New York; and also the destitute condition of their seamen, and the danger of their migration to foreign countries for employment; and the resolution was read for consideration. The bill, entitled "An act to alter and establish certain post roads," was read the second time and referred to Messrs. CRAWFORD, GREGG, GILMAN, ADAMS, and BRADLEY, to consider and report thereon. On motion, by Mr. SMITH of Maryland, ART. 6. After the third day of March, one thousand eight hundred and thirteen, the President shall nominate, and, by and with the advice and consent of the Senate, and of the House of Representatives, shall apResolved That the committee to whom is repoint Ambassadors, other public Ministers and Consuls, ferred the bill, from the House of Representatives, Judges of the Supreme Court, and all other officers of entitled "An act to alter and establish certain post the United States whose appointments are not herein roads," be directed to require from the Postmaster otherwise provided for, and which shall be established General information whether any, and, if any, by law. But Congress may, by law, vest the appoint- what, appropriations will be necessary to carry ment of such officers as they think proper, in the Pres-into execution the said bill, if the same shall pass ident, by and with the advice and consent of the Sen- into a law. ate; and of the inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments. But no law vesting the power of appointment shall be for a longer term than two years. All proceedings on nominations shall be with closed doors, and without debate; but information of the character and qualifications of the person nominated shall be received. ART. 7. After the third day of March, one thousand eight hundred and thirteen, the President shall have power to fill all vacancies that may happen during the recess of Congress, by granting commissions which shall expire at the end of their next session. No removal from office shall take place without the consent of the Senate and of the House of Representatives. But Congress may, by law, authorize the removal by the same power, as may, by law, be authorized to make the appoint The Senate resumed the second reading of the bill, entitled "An act concerning courts martial and courts of inquiry;" and, on motion, by Mr. ANDERSON, to add the following as section sixth: "And be it further enacted, That no judge to whom application shall be made in manner provided by the first section of this act, shall authorize a subpoena to issue to summon a citizen to appear before any court martial, or court of inquiry, to give evidence, except in cases where the charge against an officer or soldier shall be for a breach of some one or more of the articles of war:" It passed in the negative-yeas 13, nays 17, as follows: YAS-Messrs. Anderson, Crawford, Gilman, Good SENATE. Proceedings. APRIL, 1808. rich, Hillhouse, Maclay, Mathewson, Mitchill, Picke-imous consent obtained, leave to bring in a bill ring, Reed, Sumter, Turner, and White. NAYS-Messrs. Adams, Bradley, Condit, Gaillard, Giles, Gregg, Howland, Kitchel, Milledge, Pope, Robinson, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Thruston, and Tiffin. And the PRESIDENT reported the bill to the House as amended, and it was ordered to the third reading as amended. Mr. GREGG, from the committee, reported the bill to revive and continue in force "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," correctly engrossed, and it was agreed, by unanimous consent, that the bill be now read the third time. Resolved, That this bill pass, and that the title thereof be "An act to revive and continue in force 'An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia." Mr. SMITH of Maryland, presented the petition of sundry inhabitants of Charles county, in the State of Maryland, praying the establishment of a post office at a place called Cobbneck, in the said county; aud the petition was read, and referred to Mr. CRAWFORD, and others, to whom was committed the bill, entitled "An act to alter and establish certain post roads," to consider and report thereon. The bill for the relief of Joseph Summerl, Simon Philipson, William Hamon, Archibald McCall, and Isaac Clason, was read the second time, and referred to Messrs. ADAMS, BRADLEY, and REED, to consider and report thereon. Agreeably to notice given yesterday, Mr. POPE asked and obtained leave to bring in a bill for the establishment of a turnpike company in the county of Alexandria, in the District of Columbia; and the bill was read, and ordered to the second reading. THURSDAY, April 14. Mr. BRADLEY requested, and by unanimous consent obtained, leave to bring in a bill to continue in force, for a limited time, "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction; and the bill was twice read by unanimous consent. On the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. Mr. REED presented the petition of Nathaniel Brashears, praying remission of the forfeiture of his recognisance, entered into on a presentment of the grand jury for assault and battery, at the circuit court for the District of Columbia, in December term, 1805, for reasons stated in the petition; which was read, and referred to Messrs. REED, BRADLEY, and CRAWFORD, to consider and report thereon. On motion of Mr. GILES, on behalf of the committee to whom was referred, on the 15th March last, the Message of the President of the United States, relative to public ground in and adjacent to the city of New Orleans, the committee was discharged. Mr. SMITH, of Maryland, requested, and by unan authorizing the Secretary of the Treasury to pay to the Comptroller of the Treasury, in trust, the amount of certain bills drawn by John Armstrong, Minister from the United States to the Court of France, on the Treasury of the United States; and the bill was read twice, by unanimous consent. On the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. Mr. SMITH, of Maryland, gave notice that he should to-morrow ask leave to bring in a bill, in addition to the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," and the several acts supplementary thereto, and for other purposes. The bill to alter the time for the next meeting of Congress was read the second time, and ordered to be engrossed and read a third time. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of the legal representatives of Thomas Barclay, deceased," in which they request the concurrence of the Senate; which bill was read twice, by unanimous consent, and and referred to Messrs. MITCHILL, SMITH of Maryland, and WHITE, to consider and report thereon. The bill, entitled "An act concerning courtsmartial and courts of inquiry" was read the third time as amended. On the question, Shall this bill be read the third time as amended," it was determined in the affirmative-yeas 17, nays 12, as follows: YEAS-Messrs. Adams, Bradley, Condit, Gaillard, Giles, Gregg, Howland, Kitchel, Milledge, Pope, Robinson, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Thruston, and Tiffin. NAYS-Messrs. Anderson, Crawford, Gilman, Goodrich, Hillhouse, Maclay, Mitchill, Pickering, Reed, Sumter, Turner, and White. FRIDAY, April 15. A message from the House of Representatives notified the Senate of the death of JACOB CROWNINSHIELD, Esq., late a member of that House, and that his funeral will take place to-morrow morning, at 10 o'clock. Mr. MITCHILL, from the committee to whom was referred the bill, entitled "An act for the relief of the legal representatives of Thomas Barclay, deceased," reported the bill without amendment; and. by unanimous consent, the bill was read the third time, and passed. Mr. ANDERSON, from the committee appointed on the 4th instant on the subject, reported in part a bill to authorize the President of the United States, under certain conditions, to suspend the operation of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto; and the bill was read, and ordered to the second reading. The Senate resumed the second reading of the bill in relation to the Military Academy of the United States; and it was agreed that the further consideration of the bill be postponed until the first Monday in December next. The bill for the establishment of a turnpike company in the county of Alexandria, in the District of Columbia, was read the second time. On the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. The bill to continue in force, for a limited time, "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction," was read the third time and passed. The bill authorizing the Secretary of the Treasury to pay to the Comptroller of the Treasury, in trust, the amount of certain bills drawn by John Armstrong, Minister from the United States to the Court of France, on the Treasury of the United States, was read the third time and passed. The bill to alter the time for the next meeting of Congress was read the third time, and the further consideration thereof postponed to Tuesday next. SENATE. delivered to the collector or surveyor, in the manner therein prohibited, or if a certificate of the landing of the cargo shall not be produced within the time and in the manner therein provided, such vessel and cargo shall be forfeited, and the owner or owners, consignee, agent, factors, freighters, master or skipper of such vessel, shall respectively forfeit and pay a sum not ex ceeding thousand dollars, nor less than —thoucontained shall be construed to bar or prevent the sand dollars: Provided always, That nothing herein recovery of the penalty on the bond given for each vessel. SEC. 3. And be it further enacted, That during the continuance of the act, laying an embargo on all ships and vessels in the ports and harbors of the United States, and of the several acts supplementary thereto, it shall be the duty of the master or person having charge or command of any vessel, flat, or boat, intended to that part of the river Mississippi, which lies between the southern boundary of the Mississippi Territory and the river Iberville, if going down the said river, to stop at Fort Adams, and if going up the river, to stop at Iberville, and at each place, as the case may be, to deliver to an inspector of the revenue, to be stationed there for that purpose, a manifest of the whole cargo on board, and also to produce within two months thereafter to the same officer, a certificate of the landing of the same in some port of the District of Mississippi, and within the jurisdiction of the United States; which certificate shall be signed by the collector or one of the surveyors of the District of Mississippi, or if the cargo Agreeably to the notice given yesterday, Mr. shall be landed more than thirty miles from the place SMITH, of Maryland, asked and obtained leave to of residence of any such officer, by a State or Territobring in a bill in addition to the act, entitled "Anrial judge, having jurisdiction at the place of such landact laying an embargo on all ships and vessels in ing. the ports and harbors of the United States," and the several acts supplementary thereto, and for other purposes; and the bill was read, and ordered to the second reading. The bill is as follows: On motion, by Mr. GILMAM, Resolved, That the Senate will attend the funeral of Mr. CROWNINSHIELD to-morrow morning at 10 o'clock. EMBARGO. SEC. 4. And be it further enacted, That if any vessel, flat, or boat, shall enter that part of the river Mississippi, as prescribed in the next preceding section, without stopping and delivering a manifest in the manner therein provided, or if a certificate of the landing of the cargo, shall not be produced within the time and in the manner therein provided, such vessel, flat, or boat, and cargo, shall be forfeited, and the owner or owners, consignee, agent, factors, freighters, master, or skipper, of any such vessel, flat, or boat, shall respectively forfeit and pay a sum not exceeding dollars, nor less than dollars. Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That during the continuance of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, no vessels of any description whatever, and wherever bound, whose employment is confined to the navigation of bays, sounds, rivers, and lakes, within the jurisdiction of the United States, (packets, ferry-boats, and vessels, ex- SEC. 5. And be it further enacted, That no ship or empted from the obligation of giving any bond whatever, vessel, having any cargo whatever on board, shall, only excepted,) shall be allowed, to depart from any during the continuance of the act laying an embargo port of the United States, without having previously on all ships and vessels in the ports and harbors of the obtained a clearance, nor until the master or comman- United States, be allowed to depart from any port of der shall have delivered to the collector or surveyor the United States for any other port or district of the of the port of departure, a manifest of the whole United States, adjacent to the territories, colonies, or cargo on board, including articles of domestic growth provinces of a foreign nation: nor shall any clearance or manufacture, as well as foreign merchandise. And be furnished to any ship or vessel bound as aforesaid, it shall also be the duty of the owners, agents, or fac-without special permission of the President of the Unitors of every such vessel, to produce within one month thereafter, to the collector of the district from which the vessel departed, a certificate of the landing of the whole of such cargo in a port of the United States, within the bay, sound, rivers, or lakes, to which the navigation of such vessel is confined, signed by the collector or surveyor, of the port where the cargo shall have been landed. SEc. 2. And be it further enacted, That if any vessel described in the next preceding section, shall depart from a port of the United States without a clearance, or before the manifest of the cargo shall have been ted States. And if any ship or vessel shall, contrary Sec. 6. And be it further enacted, That the commanders of the public armed vessels, and gunboats of the United States, shall, as well as commanders or masters of the revenue cutters and revenue boats, be authorized, and they are hereby authorized, to stop and examine any vessel, flat, or boat, either on the high seas or within the jurisdiction of the United States, which there may be reason to suspect to be engag ed in any traffic or commerce, or in the transportation of merchandise of either domestic or foreign growth or manufacture, contrary to the provisions of this act, or of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, or of any of the acts supplementary thereto; and if upon examination it shall appear that such vessel, flat, or boat, is thus engaged, it shall be the duty of the commander to seize every such vessel, flat, or boat, and to send the same to the nearest port of the United States for trial. SEC. 7. And be it further enacted, That the Comptroller of the Treasury be, and he is hereby authorized to remit the duty accruing on the importation of goods of domestic produce, or which being of foreign produce, had been exported without receiving a draw back, which may have been or may be re-imported in vessels owned by citizens of the United States, and which having sailed subsequent to the first day of October last, and prior to the twenty-second day of December last, may be or have been stopped on the high seas by foreign armed vessels, and by reason thereof have returned, or may hereafter return into the United States, without having touched at any foreign port or place. And the said Comptroller is likewise authorized to direct the exportation bonds given for foreign merchandise exported with privilege of drawback, in such vessel, and re-exported in the same, in the manner aforesaid, to be cancelled, the duties on such re-importation being previously paid, and on such other conditions and restrictions as may be necessary for the safety of the revenue. SEC. 8. And be it further enacted, That during the continuance of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, no foreign ship or vessel shall go from one port in the United States to another; and should any foreign ship or vessel, contrary to this section, go from one port of the United States to another, the vessel with her cargo shall be wholly forfeited, and the owner or owners, agent, factors, freighters, and master of such ship or vessel, shall forfeit and pay a sum not exceeding dollars, nor less than dollars. SATURDAY, April 16. The Senate adjourned to twelve o'clock, and attended the funeral of the honorable JACOB CROWNINSHIELD. After which they returned to their Chamber, and the VICE PRESIDENT having retired for the remainder of the session, the Senate proceeded by ballot to the choice of a PRESIDENT pro tempore, as the Constitution provides; and the honorable SAMUEL SMITH was elected. Ordered, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in the absence of the Vice President, elected the honorable SAMUEL SMITH their President pro tempore; and that the Secretary make a like communication to the House of Representatives. APRIL, 1808. Mr. ANDERSON, from the committee, reported a bill to authorize the President of the United States to suspend the operation of the act prohibiting the importation of certain goods, wares, and merchandise, and the acts supplementary thereto; and the bill was read and ordered to the second reading. The bill to authorize the President of the Uni ted States, under certain conditions, to suspend the operation of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto, was read the second time, as in Committee of the Whole, and amended. On motion to strike out of section 1, these words: "In the event of such peace, or suspension of hostilities, between the belligerent Powers of Europe, or of such changes in their measures affecting neutral commerce, as may render that of the United States sufficiently safe in the judgment of," and insert, after "States," in the 7th line, "if he shall judge the same expedient be, and;" it was determined in the negative-yeas 4, nays 24, as follows: YEAS-Messrs. Goodrich, Hillhouse, Maclay, and Pickering. NAYS-Messrs. Adams, Anderson, Condit, Crawford, Gaillard, Giles, Gilman, Gregg, Howland, Kitchel, Mathewson, Milledge, Mitchill, Pope, Reed, Robinson, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Sumter, Thruston, Tiffin, and Turner. And the PRESIDENT reported the bill to the House amended. On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative. Mr. ADAMS, from the committee to whom was referred the bill for the relief of Joseph Summerl, Simon Philipson, William Hamon, Archibald McCall, and Isaac Clason, reported it without amendment; and on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. Mr. GREGG, from the committee, reported the bill for the establishment of a turnpike company in the county of Alexandria, in the District of Columbia, correctly engrossed; and the bill was read the third time and passed. FOREIGN RELATIONS. Mr. ANDERSON, from the committeee appointed the 4th instant, on the correspondence between Mr. Madison and Mr. Rose, relative to the attack made upon the frigate Chesapeake by the British ship of war Leopard; and, also, the communications made to the Senate, by the President of the United States, on 30th March last, made a further report; which was read for consideration; and 5000 copies ordered to be printed for the use of Congress. The report is as follows: That, on a review of the several orders, decrees, and decisions of Great Britain and France, within the period of the existing war, it appears that, previous to the measures referred to in the letters from Mr. Erskine to the Secretary of State, and from M. Champagny to General Armstrong, various and heavy injuries have been committed against the neutral commerce and navigation of the United States, under the following heads: 1st. The British order of June, 1803, unlawfully restricting the trade of the United States, with a certain portion of the unblockaded ports of her enemies, and condemning vessels with innocent cargoes, on a return from ports where they had deposited contraband articles. 2d. The capture and condemnation, in the British Courts of Admiralty, of American property, on a pretended principle, debarring neutral nations from a trade with the enemies of Great Britain, interdicted in time of peace. The injuries suffered by the citizens of the United States, on this head, arose, not from any public order of the British Council, but from a variation in the principle, upon which the Courts of Admiralty pronounced their decisions. These decisions have, indeed, again varied, without any new orders of council being issued; and in the higher Courts of Admiralty some of the decisions which had formed the greatest cause for complaint, have been reversed, and the property restored. There still remains, how ever, a heavy claim of indemnity for confiscations, which were made during the period of these unwarrantable decisions, and for which all negotiation has hitherto proved unavailing. 3d. Blockades notified to the Minister of the United States at London, and thence made a ground of capture, against the trade of the United States, in entire disregard of the law of nations, and even of the definition of legal blockades, laid down by the British Government itself. Examples of these illegitimate blockades will be found in the notifications of the blockade of May 16, 1806, of the coast from the river Elbe to Brest, inclusive; blockade of the 11th of May, 1807, expounded 19th June, 1807, of the Elbe, Weser, and Ems, and the coast between the same; blockade 11th May, 1807, of the Dardanelles and Smyrna; blockade of 8th January, 1808, of Carthagena, Cadiz, and St. Lucar, and of all the intermediate ports between Carthagena and St. Lucar, comprehending a much greater extent of coast than the whole British navy could blockade, according to the established law of nations. 4th. To these injuries, immediately authorized by the British Government, might be added other spurious blockades by British naval commanders, particularly that of the Island of Curracoa, which, for a very considerable period, was made a pretext for very extensive spoliations on the commerce of the United States. 5th. The British proclamation of October last, which makes it the duty of the British officers to impress, from American merchant vessels, all such of their crews as might be taken or mistaken for British subjects; those officers being the sole and absolute judges in the case. For the decrees and acts of the French Government, violating the maritime law of nations, in respect to the United States, the committee refer to the instances contained in the report of the Secretary of State, January 25, 1806, to the Senate; in one of which, viz: a decree of the French General Ferrand, at St. Domingo, are regulations sensibly affecting the neutral and commercial rights of the United States. The French act next in order of time, is the decree of November 21, 1806, declaring the British isles in a state of blockade, and professing to be a retaliation, on antecedent proceedings of Great Britain, violating the law of nations. This decree was followed, first, by the British order SENATE. of January, 1807, professing to be a retaliation on that decree, and subjecting to capture the trade of the United States, from the port of one belligerent, to the port of another; and, secondly, by the orders of November last, professing to be a further retaliation on the same decree, and prohibiting the commerce of neutrals, with the enemies of Great Britain, as explained in the aforesaid letter of Mr. Erskine. These late British orders again, have been followed by the French decree of December 17, purporting to be against the commerce of the United States, as stated a retaliation on the said orders, and to be put in force in the aforesaid letter of M. Champagny. The committee forbear to enter into a comparative view of those proceedings, of the different belligerent Powers, deeming it sufficient to present the materials, from which it may be formed. They think it their duty, nevertheless, to offer the following remarks, suggested by a collective view of the whole. The injury and dangers resulting to the commerce of the United States, from the cause and increase of these belligerent measures, and from similar ones adopted by other nations, were such as first to induce the more circumspect of our merchants and ship-owners, no longer to commit their property to the high seas, and at length to impose on Congress the indispensable duty of interposing some legislative provision, for such an unexampled state of things. Among other expedients, out of which a choice was to be made, may be reckoned: 1. A protection of commerce by ships of war. 2. A protection of it by self-armed vessels. 3. A war of offence as well as of defence. 4. A general suspension of foreign commerce. 5. An embargo on our vessels, mariners, and merchandise. This last was adopted, and the policy of it was enforced, at the particular moment, by accounts quickly after confirmed, of the British orders of November, and by the probability that these would be followed, as has also happened, by an invigorated spirit of retaliation, in other belligerent Powers. The happy effect of the precaution is demonstrated by the well-known fact, that the ports of Europe are crowded with captured vessels of the United States, unfortunately not within the reach of the precaution. With respect to a protection of our commerce by ships of war, it must be obviously impracticable, in any material degree, without a lapse of time, and an expense, which amounts to a prohibition of that resort; besides that, it would necessarily involve hostile collis ions with one or more of the belligerent Powers. Self-armed merchantmen would have the same tendency, at the same time, that they would be utterly inadequate to a security against the multiplied fleets and cruisers to be encountered. An entire suspension of foreign commerce, as the resort in the first instance, would evidently have produced some inconveniences, not incident to the embargo, as it was modified. But the committee do not suppress their opinion, that, after a reasonable time, it may not improperly take the place of the embargo; in case of a protracted adherence of the belligerent Powers, to their destructive proceedings against our neutral commerce. With respect to a resort to war, as a remedy for the evils experienced, the committee will offer no other reflection, than that it is in itself so great an evil, that the United States have wisely considered peace and |