Monday, December 11.
Several other members, to wit: from Massachusetts, William Stedman and Edward St. Loe Livermore; from New York, Barent Gardenier; and from Pennsylvania, John Ross, appeared, and took their seats in the House.
The Speaker laid before the House a letter from Wilson C. Nicholas, resigning his seat as one of the members of the House, for the State of Virginia. The letter was read, and ordered to lie on the table.
Batture at New Orleans.
A motion was made by Mr. Sheffey, that the House do come to the following resolutions:
Resolved, That provision ought to be made by law to authorize the President of the United States to cause the several persons who were removed from the batture, in front of the suburb St. Mary, in the city of New Orleans, on the 25th January, 1808, to be restored to the possession thereof; to be held with the same right with which they respectively held the same, prior to such removal; any thing to the contrary notwithstanding.
Resolved, That it is expedient to authorize the President of the United States, if he shall be of opinion that the United States have such a claim to the batture, in front of the suburb of St. Mary, in the city of New Orleans, as will justify the expense of prosecuting the same, with the assent of the persons removed therefrom, on the 25th January, 1808, to name three persons, who shall have full power to hear, and finally determine, all right, title, claim, and demand, whatsoever, as well of the United States as the persons so removed, both in law and equity; and their decision, or a majority of them, shall be binding, as well on the United States as the said parties.
Resolved, That it is expedient to authorize the President of the United States, if he shall deem it most proper, to compromise the conflicting claims of the United States and the persons removed from the batture of the suburb of St. Mary, in the city of New Orleans, or cause the same to be tried in a court of the United States, in such a manner, and at such place, as will secure an impartial trial.
The said resolutions were read, and ordered to lie on the table.
British Minister—Mr. Jackson's Circular.
Mr. Quincy observed that he perceived that in the letter from Mr. Smith to Mr. Pinkney accompanying the Message from the President of the United States of the 29th November, 1809, an allusion was made to an important paper headed "Circular," which had not been communicated to Congress. He perceived, also, that by the resolution just received from the Senate, a specific declaration was required as to the contents of that very paper. It appeared to him extremely proper that the House should have that paper on its files, and within the reach of its members, before a declaration was made respecting it. Under this impression he offered the following resolution:
Resolved, That the President of the United States be requested to lay before the House a copy of a paper purporting to be a circular letter from Mr. Jackson to the British Consuls in the United States, referred to in the letter of the Secretary of State to Mr. Pinkney, accompanying the Message of the 29th November.
Mr. Dana observed that there was another document which it might be of some importance to have on the file of the House, and which it might be also necessary to consult—that was, the despatch from Mr. Canning, which it appeared was sent by Mr. Pinkney to the Secretary of State. He moved to add that paper to the resolution.
Mr. Quincy accepted the amendment as a part of his resolution.
Mr. Eppes asked for a division of the question. He said he was willing to call for any paper which was, or might be presumed to be in possession of the Department of State; but it could not be presumed that the circular of Mr. Jackson was in that office in any other form than that referred to in Mr. Smith's letter, viz: in a printed form. Certain it was that it could not be in the Department of State, because it was dated subsequently to the intimation that no further communication would be received from that source by the Secretary of State. The only reason, he presumed, why the other paper alluded to had not been communicated to Congress, was, that it was a printed paper, purporting to be a despatch from Mr. Canning. He had no further objection to the call for either of these papers, other than it was neither decorous nor proper to call upon the President for that which could not be officially in his possession.
Mr. Gardenier observed that, in addition to other forcible considerations, it would be treating the Executive rudely, when he had called their attention to a particular paper, to go to any other source to procure it; besides that, in the latter case, a spurious copy might be imposed upon the House. If the President referred to a certain document as justifying his conduct, by procuring that document the House would have the whole ground before it. What would be the situation of the House, if, pursuing the ideas of some gentlemen, every member was to bring forward a document which he believed to be the legitimate one, and all these copies should differ? Who was to decide which was the correct one? If the House were to act at all on this subject, it was not only respectful and just to the President, but extremely civil, to inquire of him on what ground he has acted. As a true American, and staunch republican, Mr. G. was desirous to give the President every opportunity of doing himself justice.
Mr. Quincy said that a copy of this circular having been forwarded to our Minister in England, a copy must remain on the files of the Secretary of State's office; and, therefore, he asked for it merely that the House might have on this occasion precisely that information which the Secretary of State had communicated to Mr. Pinkney.
The question was taken on the first part of the resolution, viz: on that part moved by Mr. Quincy, and finally carried—yeas 53, nays 52.
The question was then taken on Mr. Dana's amendment, viz: on that part calling for a copy of the paper purporting to be a despatch from Mr. Canning to Mr. Erskine, and carried without opposition.
Mr. Whitman offered an amendment understood to be intended to embrace in the papers to be called for, the note from Mr. Erskine to Mr. Smith containing the "three conditions" which are admitted in Mr. Smith's letter of October 19, to have been submitted to him by Mr. Erskine.
On the suggestion of Mr. Quincy, this motion was declared to be out of order, as it was now too late to receive an amendment to the resolution, both clauses of it having been affirmed by the House.
The question was then put on the whole resolution, as amended, and the yeas and nays being demanded on its passage.
Mr. Rhea said he should vote against the resolution, as by passing it the House could add nothing to its stock of information, nor receive any official document; in both cases it could receive only a printed paper.
The question was then decided by yeas and nays, in the affirmative—yeas 69, nays 46.
Mr. Quincy and Mr. Dana were appointed a committee to present the foregoing resolution to the President of the United States.