Glass JX KfO (o4 
 Book- 
 
 
 
 rtt* 
 
CONFIDENTIAL 
 
 For Official Use Only 
 
 SECRET STATUTES OF THE 
 UNITED STATES 
 
 A MEMORANDUM 
 
 BY 
 
 DAVID HUNTER MILLER 
 
 Special Assistant in the Department of State 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 
 1918 
 
3 
 
 CONFIDENTIAL 
 
 For Official Use Only 
 
 M.s, .33 4i ' 
 
 SECRET STATUTES OF THE 
 UNITED STATES 
 
 11 1 
 
 A MEMORANDUM 
 
 BY 
 
 DAVID HUNTER MILLER 
 
 Special Assistant in the Department of State 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 
 1918 
 
tfi8 
 
 •; •* =>• 
 
 UL 3 192& 
 
SECRET STATUTES OF THE UNITED STATES 
 
 AND THE 
 
 PROCEEDINGS IN THE SENATE IN SECRET SESSION 
 AT THE THIRD SESSION OF THE ELEVENTH CON- 
 GRESS. 
 
 It is well known that when acting upon " Executive business," 
 that is, upon treaties and on nominations to office, the Senate of 
 the United States usually, meets with closed doors, although " open 
 Executive sessions," as they are called, may be held. In this respect 
 the provisions of the Standing Rules of the Senate are as follows : 
 
 2. When acting upon confidential or Executive business, unless the same shall 
 be considered in open Executive session, the Senate Chamber shall be cleared 
 of all persons except the Secretary, the Chief Clerk, the Principal Legislative 
 Clerk, the Executive Clerk, the Minute and Journal Clerk, the Sergeant-at- 
 Arms, the Assistant Doorkeeper, and such other officers as the Presiding Officer 
 shall think necessary ; and all such officers shall be sworn to secrecy. 
 
 3. All confidential communications made by the President of the United States 
 to the Senate shall be by the Senators and the officers of the Senate kept secret ; 
 and all treaties which may be laid before the Senate, and all remarks, votes, 
 and proceedings thereon shall also be kept secret, until the Senate shall, by 
 their resolution, take off the injunction of secrecy, or unless the same shall be 
 considered in open Executive session. 
 
 (Extract from Standing Rule XXXVI, Senate Rules and Manual, United 
 States, 1913, pp. 32-33.) 
 
 Both Houses of Congress, however, may sit with closed doors for 
 discussion of or for proceedings upon business of any character, 
 although there has been no instance of this practice for many years, 
 other than the meetings of the Senate, when acting upon " Executive 
 business." 
 
 On a motion made and seconded to close the doors of the Senate, on the 
 discussion of any business which -may, in the opinion of a Senator, require 
 secrecy, the Presiding Officer shall direct the galleries to be cleared ; and during 
 the discussion of such motion the doors shall remain closed. (Standing Rule 
 XXXV, Senate Rules and Manual, United States, 1913, p. 31.) 
 
 A rule, not invoked for many years, provides for secret sessions of the House 
 whenever the President may send a confidential message or the Speaker or any 
 Member may announce that he has a confidential communication to present. 
 
 Rule XXX provides : 
 
 " AVhenever confidential communications are received from the President of 
 the United States, or whenever the Speaker or any Member shall inform the 
 House that he has communications which he believes ought to be kept secret 
 for the present, the House shall be cleared of all persons except the Members 
 and officers thereof, and so continue during the reading of such communications, 
 the debates, and proceedings thereon, unless otherwise ordered by the House." 
 
 The rule providing for secret sessions of the House dates from February 17, 
 1792, and December 30, 1793, although secret sessions were held before there 
 was any rule for them. In the revision of 1880 the old rule was retained in an 
 abbreviated form, as the Committee on Rules thought some occasion might 
 arise for its use. 
 
 <3)> 
 
In the early days of Congress secret sessions of the House were frequent. 
 The sessions of the old Continental Congress had been secret, and under the Con- 
 stitution the sessions of the Senate were so until the second session of the 
 Third Congress. By special order the galleries were thrown open during the 
 contested election case of A. Gallatin, from Pennsylvania. The House, on the 
 other hand, sat regularly with the galleries open, but when occasion required, 
 as On the receipt of a confidential communication from the President, the 
 galleries were cleared by order of the House. 
 
 Up to and during the war of 1812 secret sessions were held quite frequently. 
 Since that period the practice had gone into disuse, although there was one 
 secret session in 1825, on December 27 (see House Journal, supplemental, first 
 session Nineteenth Congress; also Debates, December 20, 1825, first session 
 Nineteenth Congress, p. 828), when a confidential message was received from 
 President John Quincy Adams, who transmitted a copy of the message of 
 President Jefferson to both Houses of Congress on January 18, 1803. This 
 message of 1803 recommended an exploring expedition across the continent 
 to establish relations with the Indian tribes and ascertain the nature and 
 extent of the region. The message was confidential, and as the injunction of 
 secrecy was for some reason hot removed, it had not been published up to 
 1825. So the secret session of the later year was held for the special and only 
 purpose of removing the injunction of secrecy from the message of 1803. This 
 message of President Jefferson may be found on page 352 of Volume I of 
 Richardson's Messages and Papers of the Presidents. There was also a secret 
 session on' May 27, 1830 (first session Twenty-first Congress, Journal, p. 755; 
 Debates, p. 1139), to receive a confidential communication from President 
 Jackson. 
 
 (Hinds' Precedents of the House of Representatives, 1907, sec. 7247 and note, 
 Vol. V, p. 1094.) 
 
 In 1811, at the third session of the Eleventh Congress, two stat- 
 utes and a joint resolution in regard to Florida were passed at secret 
 sessions of the Senate and of the House of [Representatives, and these 
 enactments were approved by President James Madison. 1 
 
 On January 3, 1811, President Madison sent a " confidential " mes- 
 sage to Congress transmitting certain papers therein mentioned and 
 containing the following : 
 
 Taking into view the tenor of these several communications, the posture of 
 things with which they are connected, the intimate relation of the country 
 adjoining the United States,, eastward of the river Perdido, to their security and 
 tranquillity, and the peculiar interest they otherwise have in its destiny, I rec- 
 ommend to the consideration of Congress, the seasonableness of a declaration 
 that the United States could not see, without serious inquietude, any part of a 
 neighboring territory, in which they have, in different respects, so deep and so 
 just a concern, pass from the hands of Spain into those of any^ other foreign 
 Power. 
 
 I recommend to their consideration, also, the expediency of authorizing the 
 Executive to take temporary possession of any part or parts of the said terri- 
 
 iThe secret proceedings in both Houses are printed in the Appendix hereto, as the 
 same are subsequently reported in the Annals of Congress, vol. 22; as to the Senate, 
 pp. 369-380 ; as to the House of Representatives, pp. 486, 1117-1148. 
 
5 
 
 tory, in pursuance of arrangements which may be desired by the Spanish authori- 
 ties ; and for making provision for the government of the same, during such pos- 
 session. 
 
 The wisdom of Congress will, at the same time, determine how far it may be 
 expedient to provide for the event of a subversion of the Spanish authorities 
 within the territory in question, and an apprehended occupancy thereof by any 
 other foreign Power. (Op. cit., pp. 369, 370, 1117, 1251, 1252.) 
 
 Without quoting at length from the accounts of the subsequent 
 proceedings in Congress, it may be said that not only were the debates 
 and votes secret in both Houses of Congress, but also that the neces- 
 sary messages exchanged between the two Houses and the notifications 
 from President Madison of his approval of the resolution and stat- 
 utes were received as confidential and behind closed doors, and that 
 the House of Eepresentatives by a vote of 51 to 40 refused to remove 
 "the injunction of secrecy." (Op, cit., p. 1146.) 
 
 These two statutes and resolution are found in volume 3, United 
 States Statutes at Large, pages 471, 472, and are preceded by the 
 following note of the editor : 
 
 " The following resolution and acts, passed in 1811 and 1813, were \%>t promul- 
 gated until their publication in " the sessions acts " of the Fifteenth Congress, 
 ending April 20, 1818. They are altogether omitted in Mr. Justice Story's edi- 
 tion of the laws of the United States, and they are also omitted in Davis' and 
 Force's edition of the laws, from 1816 to 1827, published under the authority of 
 Congress, in 1822 and 1827. They were passed in the secret sessions of the 
 Eleventh and the Twelfth Congress. 
 
 The editor has not considered it proper to insert these laws in this edition, 
 before their promulgation under the authority of the Secretary of State; under 
 whose directions the laws of each session of Congress are published. 
 
 Act of 1818, ch. 80, sec. 1." 
 
 The texts of the statutes and resolution are as follows : 
 
 Taking into view the peculiar situation of Spain, and of her American prov- 
 inces ; and considering the influence which the destiny of the territory adjoining 
 the southern border of the United -States may have upon their security, tran- 
 quillity, and commerce : Therefore, 
 
 Resolved by the Senate and House of Representatives of the United States 
 of America, in Congress assembled, That the United States, under the peculiar 
 circumstances of the existing crisis, cannot, without serious inquietude, see any 
 part of the said territory pass into the hands of any foreign power ; and that a 
 due regard to their own safety compels them to provide, under certain contin- 
 gencies, for the temporary occupation of the said territory ; they, at the same 
 time, declare that the said territory shall, in their hands, remain subject to 
 future negotiation. 
 
 Approved, January 15, 1811. 
 
 An Act to enable the President of the United States, under certain contingencies, to take 
 possession of the country lying east of the river Perdido, and south of the state of 
 Georgia and the Mississippi territory, and for other purposes. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America, in Congress assembled, That the President of the United States be, 
 and he is hereby, authorized, to take possession of, and occupy, all or any part 
 of the territory lying east of the river Perdido, and south of the state of Georgia 
 
6 
 
 and the Mississippi territory, in case an arrangement has been, or shall be, 
 made with the local authority of the said territory, for delivering up the pos- 
 session of the same, or any part thereof, to the United States, or in the event 
 of an attempt to occupy the said territory, or any part thereof, by any foreign 
 government ; and he may, for the purpose of taking possession, and occupying 
 the territory aforesaid, and in order to maintain therein the authority of the 
 United States, employ any part of the army and navy of the United States 
 which he may deem necessary. 
 
 Sec. 2. And be it .further enacted, That one hundred thousand dollars be ap- 
 propriated for defraying such expenses as the President may deem necessary 
 for obtaining possession as aforesaid, and the security of the said territory, to 
 be applied under the direction of the President, out of any moneys in the treas- 
 ury not otherwise appropriated. 
 
 Sec. 3. And be it further enacted, That in case possession of the territory 
 aforesaid shall be obtained by the United States, as aforesaid, that until other 
 provision be made by Congress, the President be, and he is hereby authorized 
 to establish, within the territory aforesaid, a temporary government, and the 
 military, civil, and judicial, powers thereof shall be vested in such person and 
 persons, and be exercised in such manner as he may direct, for the protection 
 and maintenance of the inhabitants of the said territory in the full enjoyment 
 of their liberty, property, and religion. 
 
 Approved, January 15, 1811. 
 
 An Act concerning an act to enable the President of the United States, under certain 
 ' contingencies, to take possession of the country lying east of the river Perdido, and 
 
 south of the state of Georgia and the Mississippi territory, and for other purposes, 
 
 and the declaration accompanying the same. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America, in Congress assembled. That this act, and the act passed during the 
 present session of Congress, entitled "An act to enable the President of the 
 United States, under certain contingencies, to take possession of the country 
 lying east of the river Perdido, and south of the state of Georgia and the Mis- 
 sissippi territory, and for other purposes," and the declaration accompanying 
 the same, be not printed or published, until the end of the next session of Con- 
 gress, unless directed by the President of the United States, any law or usage 
 to the contrary notwithstanding. 
 
 Approved March 3, 1811. 
 
 From the foregoing it appears that these enactments were not 
 published or promulgated in due course; they are found in volume 
 3 of the Statutes at Large immediately after the various acts of April 
 W, 1818, one of which (Chapter 80) was entitled "An Act to provide 
 for the publication of the laws of the United States, and for other 
 purposes," and contained the following: 
 
 Be it enacted by the Senate and House of Representatives of the United 
 States of America, in Congress assembled, That, at and during the session of 
 each Congress of the United States, the Secretary for the Department of State 
 shall cause the acts and resolutions passed by Congress at such session, to be 
 published, currently as they are enacted, and as soon as practicable, in not 
 more than one newspaper in the District of Columbia, and in not more than 
 three newspapers in each of the several states, and in not more than three 
 newspapers in each of the territories of the United States. And he shall also 
 cause to be published, in the like manner, in the said newspapers, or in such of 
 
them as he shall for that purpose designate, the public treaties entered into and 
 ratified by the United States. 
 
 Sec. 4. And be it further enacted, That the Secretary of State shall cause to 
 be published, at the close of every session of Congress, and as soon as prac- 
 ticable, eleven thousand copies of the acts of Congress at large, including all 
 resolutions passed by Congress, amendments to the constitution adopted, and all 
 public treaties made and ratified since the then last publication of the laws. 
 
 (3 Statutes at Large, p. 439.) 
 
 Previous acts regarding the promulgation and publication of 
 statutes of the United States had been less explicit in their language 
 as to the time of publication. 
 
 Chap. XIV. An Act to provide for the safe-keeping of the Acts, Records and Seal of 
 the United States, and for other purposes. 
 
 Section 1. Be it enacted by the Senate and House of Representatives of the 
 United States of America in Congress assembled, That the Executive depart- 
 ment, denominated the Department of Foreign Affairs, shall hereafter be de- 
 nominated the Department of State, and the principal officer therein shall 
 hereafter be called the Secretary of State. t 
 
 Sec. 2. And be it further enacted, That whenever a bill, order, resolution, or 
 vote of the Senate and House of Representatives, having been approved and 
 signed by the President of the United States, or not having been returned by 
 him with his objections, shall become a law, or take effect, it shall forthwith 
 thereafter be received by the said Secretary from the President ; and whenever 
 a bill, order, resolution, or vote, shall be returned by the President with his 
 objections, and shall, on being reconsidered, be agreed to be passed, and be 
 approved by two-thirds of both Houses of Congress, and thereby become a law 
 or take effect, it shall, in such case, be received by the said Secretary from the 
 President of the Senate, or the Speaker of the House of Representatives, in 
 whichsoever House it shall last have been so approved ; and the said Secretary 
 shall, as soon as conveniently may be, after he shall receive the same, cause 
 every such law, order, resolution, and vote, to be published in at least three of 
 the public newspapers printed within the United States, and shall also cause 
 one printed copy to be delivered to' each Senator and Representative of the 
 United States, and two printed copies duly authenticated to be sent to the 
 Executive authority of each State ; and he shall carefully preserve the originals, 
 and shall cause the same to be recorded in books to be provided for the purpose. 
 
 (Act of Sept. 15, 1789, 1 Statutes at Large, p. 68.) 
 
 Chap. L. — An Act for the more general promulgation of the laws of the United States. 
 
 Section 1. Be it enacted by the Senate and House of Representatives of the 
 United States of America in Congress assembled, That, for the more general 
 promulgation of the laws of the United States, the Secretary for the department 
 of State shall, after the end of the next session of Congress, cause to be printed 
 and collated at the public expense, a complete edition of the laws of the United 
 States, comprising the constitution of the United States, the public acts then in 
 force, and the treaties, together with an index to the same. 
 
 ******* 
 
 Sec 3. And be it further enacted, That the acts passed at each succeeding 
 session of Congress, including future treaties, shall be printed and distributed, 
 in like manner and proportion. 
 
 (Act of March 3, 1795, 1 Statutes at Large, p. 443.) 
 
8 
 
 Chapter I. — An Act to amend the act intituled "An act for the more general promulga- 
 tion of the Laws of the United States." 
 
 Be it enacted by the Senate and House of Representatives of the United 
 States of America in Congress assembled, That the Secretary for the department 
 of State shall cause to be included in the edition of the laws of the United 
 States, directed to be printed by the said act, the laws of the United States 
 which may be passed during the present session of Congress: Provided, the 
 same can be done at an expense which he shall judge reasonable. 
 
 (Act of Dec. 21, 1796, 1 Statutes at Large, p. 496.) 
 
 Chap. XXX. — An Act in addition to an act intituled "An act for the more general 
 promulgation of the Laws of the United States." 
 
 Section 1. Be it enacted by the Senate and House of Representatives of the 
 United States of America in Congress assembled, That the Secretary of State 
 shall, as soon as conveniently may be, after he shall receive any order, resolu- 
 tion or law passed by Congress, cause the same to be published at least in one 
 of the public newspapers printed within each state ; and whenever in any state, 
 the aforesaid publication shall be found not sufficiently extensive for the 
 promulgation thereof, the Secretary of State shall cause such orders, resolutions 
 and laws to be published in a greater number of newspapers printed within 
 such state, not exceeding three in any state. 
 
 (Act of Mar. 2, 1799, 1 Statutes at Large, p. 724.) 
 
 Chap. VI. — An Act to authorize the puoUcation of the laws of the United States 
 within the territories of the United States. 
 
 Be it enacted by the Senate and House of Representatives of the United 
 States of America, in Congress assembled,' That the Secretary for the Depart- 
 ment of State be, and he is hereby authorized to cause the laws of the United 
 States, passed, or to be passed, during the present or any future session of 
 Congress, to be published in two of the public newspapers within each and 
 every territory of the United States : — Provided, in his opinion, it shall become 
 necessary and expedient. 
 
 (Act of Nov. 21, 1814, 3 Statutes at Large, p. 145.) 
 
 With the language of the foregoing statutes and of that of the 
 act of April 20, 1818 (supra), may well be compared that of the 
 act of January 12, 1895. 
 
 The Secretary of State shall cause to be edited, printed, published, and dis- 
 tributed pamphlet copies of the statutes of the present and each future session 
 of Congress to the officers and persons hereinafter provided for; said distri- 
 bution shall be made at the close of every session of Congress. 
 
 ******* 
 
 The Secretary of State is authorized to have printed as many additional 
 copies of the pamphlet laws as he may deem needful for distribution and sale 
 by him, at cost price, not exceeding one thousand copies of the laws of any 
 one session in any one year. 
 
 The Public Printer shall deliver to the folding rooms of the Senate and 
 House of Representatives seven thousand copies of the pamphlet laws, two 
 thousand copies of which shall be for the Senate and five thousand copies for 
 the House, and to the superintendent of documents five hundred copies, for 
 distribution to State and Territorial libraries and to designated depositories. 
 
 After the close of each Congress the Secretary of State shall have edited, 
 printed, and bound a sufficient number of the volumes containing the Statutes 
 
at. Large enacted by that Congress to enable him to distribute copies, or as 
 
 many thereof as may be needed. 
 
 ******* 
 
 The pamphlet copies of the statutes and the bound copies of the Acts of 
 each Congress shall be legal evidence of the laws and treaties therein con- 
 tained in all the courts of the United States and of the several States therein. 
 The said pamphlet and the Statutes at Large shall contain all laws, joint and 
 concurrent resolutions passed by Congress, and also all conventions, treaties, 
 proclamations, and agreements. 
 
 (Extract from section 73 of the Act of Jan. 12, 1895, 28 Statutes at Large, 
 pp. 614-615.) 
 
 The injunction of secrecy as to the act of January 15, 1811, had, 
 however, been removed by resolution of the House of Representatives 
 of July 6, 1812 (mentioning the act as "passed January 12, 1811 "), 
 illustrating the practical necessity of the continuing consent of both 
 Houses of Congress if secrecy is to remain effective. 
 
 Resolved, That the injunction of secrecy, so far as concerns "An act to en- 
 able the President of the United States, under certain contingencies, to take 
 possession of the country lying east of the Perdido, and south of the State of 
 Georgia and the Mississippi Territory, and for other purposes," passecr on the 
 twelfth of January, one thousand eight hundred and eleven, and "A bill au- 
 thorizing the President to take possession of a tract of country lying south of 
 the Mississippi Territory, and of the State of Georgia, and for other purposes ; " 
 passed the twenty-fifth of June last, and the proceedings thereon, respectively, 
 be removed: And, also, so far as relates to the following letters: two from the 
 Secretary of State to General G. Matthews, one dated the twenty-sixth of 
 January, one thousand eight hundred and eleven, and the other the fourth of 
 April, one thousand eight hundred and twelve ; and two from Mr. Monroe to 
 General D. B. Mitchell, one dated the tenth of April, the other the twenty- 
 seventh of May, one thousand eight hundred and twelve. 
 (Annals of Congress, Vol. 24, p. 1694.) 
 
 The proceedings at the second session of the Twelfth Congress in 
 the consideration and passage of the act of February 12, 1813, 1 were 
 very similar to those at the third session of the Eleventh Congress, 
 in 1811, heretofore discussed. (Annals of Congress, vol. 25, pp. 124- 
 134, 1015, 1016, 1079.) 
 
 That statute is also referred to in the editor's note on page 471 of 
 volume 3 of the Statutes at Large, above quoted, and is found on 
 page 472 of that volume, as follows : 
 
 An Act authorizing the President of the United States to take possession of a tract of 
 country lying south of the Mississippi territory and west of the river Perdido. 
 
 Be it enacted by the Senate and House of Representatives of the United 
 States of America, in Congress assembled, That the President be, and he is 
 hereby, authorized to occupy and hold all that tract of country called West 
 Florida, which lies west of the river Perdido, not now in possession of the 
 United States. 
 
 1 Printed in the Appendix hereto. 
 
10 
 
 Sec. 2. And be it further enacted, That, for the purpose of occupying and 
 holding the country aforesaid, and of affording protection to the inhabitants 
 thereof, under the authority of the United States, the President may employ 
 such parts of the military and naval force of the United States as he may deem 
 necessary. 
 
 Sec. 3. And be it further enacted, That for defraying the necessary expenses, 
 twenty thousand dollars are hereby appropriated, to be paid out of any moneys 
 in the treasury not otherwise appropriated, and to be applied for the purposes 
 aforesaid, under the direction of the President. 
 
 Approved, February 12, 1813. 
 
 The Congresses sitting in 1811 and in 1813 met while James Madi- 
 son was President; from April 2, 1811, until the close of Madison's 
 second term, James Monroe was Secretary of State, succeeding Madi- 
 son as President on March 4, 1817 ; the period in question was within 
 twenty-five years after the date when the machinery of our Govern- 
 ment under the Constitution was started, and at that time no prac- 
 tical or legal difficulty was found in the way of the enactment of 
 secret statutes of the United States, when secrecy was deemed essen- 
 tial by the National Legislature and the Executive. 
 
APPENDIX 
 
 PROCEEDINGS IN THE SENATE IN SECRET SESSION 
 
 AT THE THIRD SESSION OF THE ELEVENTH CONGRESS 
 [Annals of Congress, vol. 22, pp. 369-380.] 
 
 Thursday, January 3, 1811. 
 
 The following confidential Message was received from the Presi- 
 dent of the United States, by Mr. Coles, his Secretary : 
 To the Senate and House of Representatives of the United States: 
 
 I communicate to Congress, in confidence, a letter, of the 2d of December, 
 from Governor "Folch, of West Florida, to the Secretary of State ; and another, 
 of the same date, from the same, to John McKee. V 
 
 I communicate, in like manner, a letter from the British Charge d' Affaires 
 to the Secretary of State, with the answer of the latter. Although the letter 
 cannot have been written -in consequence of any instruction from the British 
 Government, founded on the late order for taking possession of the portion of 
 West Florida well known to be claimed by the United States ; although no com- 
 munication has ever been made by that Government to this of any stipulation 
 with Spain, contemplating an interposition which might so materially affect the 
 United States; and although no call can have been made by Spain, in the 
 present instance, for the fulfilment of any such subsisting engagement; yet 
 the spirit and scope of the document, with the accredited source from which 
 it proceeds, required that it should not be withheld from the consideration of 
 Congress. 
 
 Taking into view the tenor of these several communications, the posture of 
 things with which they are connected, the intimate relation of the country 
 adjoining the United States, eastward of the river Perdido, to their security 
 and tranquillity, and the peculiar interest they otherwise have in its destiny, 
 I recommend to the consideration of Congress, the seasonableness of a declara- 
 tion that the United States could not see, without serious inquietude, any part 
 of a neighboring territory, in which they have, in different respects, so deep 
 and so just a concern, pass from the hands of Spain into those of any other 
 foreign Power. 
 
 I recommend to their consideration, also, the expediency of authorizing the 
 Executive to take temporary possession of any part or parts of the said terri- 
 tory, in pursuance of arrangements which may be desired by the Spanish 
 authorities ; and for making provision for the government of the same, during 
 such possession. 
 
 The wisdom of Congress will, at the same time, determine how far it may be 
 expedient to provide for the event of a subversion of the Spanish authorities 
 within the territory in question, and apprehended occupancy thereof by any 
 other foreign Power. 
 
 James Madison. 
 
 Washington, January 3, 1811. 
 
 11 
 
12 
 
 The Message was read. 
 
 On motion by Mr. Clay, 
 
 Resolved, That the Message from the President of the United 
 States, of this day, which has been just read, be referred to a com- 
 mittee, with leave to report by bill or otherwise. 
 
 Mr. Clay, Mr. Ckawford, Mr. Bradley, Mr. Smith, of Maryland, 
 and Mr. Anderson, were appointed the committee. 
 
 Monday, January 7. 
 
 Mr. Clay, from the committee, appointed the 3d instant, on the 
 confidential Message of the President of the United States, reported 
 a declaration and bill to enable the President of the United States to 
 take possession of the country lying east of the Perdido, and south of 
 the State of Georgia and the Mississippi Territory, and for other 
 purposes ; which were read, and passed to a second reading. 
 
 On motion, by Mr. Anderson, that the bill be now read the second 
 time; it was objected to, as against the rule. 
 
 On motion, by Mr. Crawford, that the Secretary furnish each Sen- 
 ator, requiring it, with a manuscript copy of the said bill, it was 
 determined in the negative — yeas 14, nays 16. 
 
 * * * * * * * 
 
 Mr. Bayard submitted the following resolution for consideration : 
 
 Resolved, That the Secretary of the Senate be instructed to cause to be printed 
 one copy for each member of the Senate, of the bill and declaration this day 
 reported to the Senate by their select committee ; and to adopt such measures 
 as will insure the same being printed without danger of the secret proceedings 
 of the Senate, on the subject, being disclosed. 
 
 On the question to agree thereto, it was determined in the nega- 
 tive — yeas 7, nays 23. 
 
 Tuesday, January 8. 
 
 The bill to enable the President of the United States to take posses- 
 sion of the country lying east of the Perdido, and south of the State 
 of Georgia and the Mississippi Territory, and for other purposes, 
 was read the second time ; and, on motion by Mr. Clay, it was consid- 
 ered as in Committee of the Whole. 
 
 On motion, by Mr. Bayard, to amend the bill, by striking out of the 
 first section thereof the words, "In the event of such arrangement 
 for that purpose as shall have been made with the local authority 
 
13 
 
 which may then exist; " and, in lieu thereof, to insert the words, " In 
 case an arrangement has been or shall be made with the local authority 
 of the said territory for delivering up the possession of the same to 
 the United States : " 
 
 Dn motion, by Mr. Gilman, a division of the question was called 
 for ; and the question being put on striking out, it was determined in 
 the affirmative. 
 
 The question was then taken upon inserting the proposed amend- 
 ment, and determined in the affirmative — yeas 20, nays 12. 
 
 ******* 
 
 On motion, by Mr. Bayard, further to amend the bill, by striking 
 out of the first section thereof the words, " Or in the event of an 
 attempt to occupy the said territory by any foreign Government," 
 it was determined in the negative — yeas 11, nays 20. 
 
 * * * * * * * 
 
 On motion, by Mr. Bayard, it was agreed to amend the fourth sec- 
 tion of the bill, by inserting, after the word " enacted," the^vords, 
 " That in case possession of the territory aforesaid shall be obtained 
 by the United States, as aforesaid." 
 
 Wednesday, January 9. 
 
 The Senate resumed, as in Committee of the Whole, the bill to 
 enable the President of the United States to take possession of the 
 territory lying east of the Perdido, and south of the State of Georgia 
 and the Mississippi Territory, and for other purposes. 
 
 Mr. Lloyd presented the oaths, or affidavits, subscribed and sworn 
 to by Samuel Turner, jun., John G. McDonald, and Lewis H. Machen, 
 for the faithful discharge of their respective duties as clerks in the 
 office of the Secretary of the Senate of the United States ; which were 
 read, as follows : 
 
 I, Samuel Turner, jun., do solemnly swear, that I will, with fidelity, and to 
 the best of my ability, perform the duties that may be assigned to me as a 
 clerk in the office of the Secretary of the Senate of the United States ; and 
 that I will, faithfully and inviolably, keep secret all the confidential business 
 of the Senate until I may be specially absolved therefrom. 
 
 Samuel Turner, Jr. 
 District of Columbia, 
 
 County of Washington. 
 On the 9th day of January, 1811, Samuel Turner came before the subscriber, 
 one of the United States' justices of the peace for the county, and made oath 
 to the truth of the above statement. 
 
 John Ott. 
 
14 
 
 I, John G. McDonald, do solemnly swear, that I will, with fidelity, and .tw the 
 best of my ability, perform the duties that may be assigned to me as a clerk in 
 the office of the Secretary of the Senate of the United States; and that I will, 
 faithfully and inviolably, keep secret all the confidential business of the -Senate, 
 until I may be specially absolved therefrom. 
 
 John G. McDonald. 
 Sworn to and subscribed before me, this 9th day of January, 1811. 
 
 Samuel N. Smallwood. 
 
 I, Lewis H. Machen, do solemnly swear, that I will, with^delity, and to the 
 best of my ability, perform the duties that may be assigned to me as a clerk 
 in the office of the Secretary of the Senate; and that I will, faithfully and in- 
 violably, keep secret all the confidential business of the Senate, until I may 
 be specially absolved therefrom. 
 
 Lewis H. Machen. 
 
 Sworn to and subscribed before me, this 9th day of January, 1811.' 
 
 Saml. N. Smallwood, J. P. 
 
 Whereupon, on motion by Mr. Lloyd, 
 
 Resolved, That the Secretary of the Senate be authorized to em- 
 ploy the clerks in his office, who have subscribed and taken the oath, 
 the form of which has been read to the Senate, in transcribing or 
 otherwise arranging the business confidentially communicated to the 
 Senate. 
 
 On motion, by Mr. Clay, it was agreed to amend the first section 
 of the bill, by inserting the words, " or any part thereof," between 
 the words " same " and " to." 
 
 On motion, by Mr. Clay, it was agreed to amend the bill, by strik- 
 ing out all the words, in the second section, preceding the words, 
 " and he may for, &c. ; " also, by striking out of the same section the 
 words, " of the said detachment, and." 
 
 On motion, by Mr. Clay, it was agreed further to amenct'the bill, 
 by striking out of the third section the words, " for paying and sub- 
 sisting such part of the detachment as may be required for actual 
 service, and ; " also the word " other," between the words " such " 
 and "expenses; " also, by inserting after the words "necessary for." 
 the words, " obtaining possession as aforesaid, and : " and. also, by 
 striking out the words, " and the Territories of the United States." 
 
 On motion, by Mr. Clay, it was agreed further to- amend the bill, 
 by adding to the first section the remainder of the original second 
 section; and by adopting the original third and fourth sections, as 
 the second and third sections of the bill; and having gone through 
 the amendments, the President reported the bill to the House ac- 
 cordingly. 
 
 On motion, by Mr. Franklin, further to amend the bill, by strik- 
 ing out of the first section the words, " or in the event of the attempt 
 to occupy the said territory, or any part thereof, by any foreign 
 Government," it was determined in the negative — yeas 10, nays 19. 
 
15 
 
 Qn the question, " Shall this bill be engrossed and read a thinl 
 time, as amended ? " it was determined in the affirmative. 
 
 On motion, by Mr. Champlin, that the injunction of secrecy re- 
 specting the bill be taken off, and that the further discussion thereof 
 be with open doors, it was determined in the negative — yeas 6, 
 nays 24. 
 
 ******* 
 
 Mr. Anderson submitted the following motion : 
 
 Resolved, That the subject-matter of the bill, entitled "An act to enable the 
 President of the United States to take possession of the country lying east of 
 the Perdido, and south of the State of Georgia and the Mississippi Territory, 
 and for other purposes," be kept inviolably secret by the members of the 
 Senate, until the Senate shall, by their resolution, take off the injunction of 
 secrecy. 
 
 Which was read; and on the question to agree thereto, it was de- 
 termined in the affirmative — yeas 20, nays 6. 
 
 Mr. Cutts, from the committee, reported the bill last meiffcioned, 
 correctly engrossed. 
 
 A confidential message was received from the House of Represen- 
 tatives, by Mr. Montgomery and Mr. Cutts, two members of that 
 body, with the following resolution, in which .they ask the concur- 
 rence of the Senate: 
 
 Congress of the United States, 
 In House of Representatives, Jan. 8, 1811. 
 
 Taking into view the present state of the world, the peculiar situation of 
 Spain and of the American provinces, and the intimate relation of the terri- 
 tory eastward of the river Perdido, adjoining the United States, to their se- 
 curity and tranquility : Therefore, 
 
 Resolved, by the Senate and Bouse of Representatives of the United States 
 of America in Congress assembled, That the United States cannot see, with 
 indifference, any part of the Spanish provinces, adjoining the said States, east- 
 ward of the river Perdido, pass from the hands of Spain into those of any 
 other foreign Power. 
 
 The resolution was read, and passed to a second reading. 
 
 Thursday, January 10. 
 
 The bill to enable the President of the United States to take pos- 
 session of the country lying east of the Perdido, and south of the 
 State of Georgia and the Mississippi Territory, and for other pur- 
 poses, was read the third time ; and, on motion by Mr. Clay, to fill the 
 blank with the words " one hundred thousand dollars ; " 
 
 On the question to agree thereto, the Senate being equally divided, 
 the President determined the question in the affirmative. 
 
16 
 
 On the question, " Shall this bill pass, as amended ? " it was de- 
 termined in the affirmative — yeas 23, nays 7. 
 
 * , . * * * * * * 
 
 On motion, by Mr. Clay, it was agreed to amend the title of the 
 bill, by inserting the word " river," before the word " Perdido;" and 
 after the word " States," by inserting the words " under certain con- 
 tingencies." 
 
 So it was Resolved, That this bill do pass, and that the title thereof 
 be "An act to enable the President of the United States, under cer- 
 tain contingencies, to take possession of the country lying east of 
 the river Perdido, and south of the State of Georgia and the Mis- 
 sissippi Territory, and for other purposes." 
 
 On motion, by Mr. Clay, 
 
 Resolved, That a committee of two be appointed to carry the said 
 bill to the House of Representatives, and ask their concurrence 
 therein. 
 
 Ordered, That Mr. Clay and Mr. Bayard be the committee. 
 
 Mr. Clay reported that the committee had performed the service 
 assigned them. 
 
 The following confidential Message was received from the Presi- 
 dent or the United States by Mr. Coles, his Secretary : 
 
 To the Senate and House of Representatives of the United States: 
 
 I communicate to Congress, in confidence, the translation of a letter from 
 Louis de Onis to the Captain General of Caraccas. 
 
 The tendency of misrepresentations and suggestions, which, it may be inferred 
 from this specimen, enter into more important correspondences of the writer, 
 to promote, in foreign councils, at a critical period, views adverse to the peace 
 and to the best interests of our country, renders the contents of the letter of 
 sufficient moment to be made known to the Legislature. 
 
 James Madison. 
 January 10. 1811. 
 
 The Message and letter therein referred to, were read, and referred 
 to a select committee, to consider and report thereon. 
 
 Ordered, That Mr. Bayard, Mr. Crawford, and Mr. Clay, be the 
 committee. 
 
 The resolution yesterday received, confidentially, by message, from 
 the House of Representatives, was read the second time; and, on 
 motion by Mr. Crawford, it was referred to a select committee, to 
 consider and report thereon; and Mr. Anderson, Mr. Crawford, 
 Mr. Clay, Mr. Bradley, and Mr. Smith, of Maryland, were ap- 
 pointed the committee. 
 
 Mr. Champlin submitted the following motion for consideration : 
 
 Resolved, That the President of the United States be requested to cause to 
 be laid before the Senate such communications as may have been made to him 
 by Louis de Onis, in relation to his having been appointed a special Minister to 
 the United States by the Supreme Central Junta of Spain. 
 
17 
 Friday, January 11. 
 
 The resolution submitted yesterday by Mr. Champlin, was re- 
 sumed ; and, on his motion, it was agreed to amend the resolution, as 
 follows : 
 
 Resolved, That the President of the United States be requested to cause to 
 be laid before the Senate such communications as may have been made to him 
 by Louis tie Onis, in relation to his having been appointed a special Minister 
 to the United States by the Supreme Central Junta of Spain ; and, also, in re- 
 gard to the particular object of his appointment. 
 
 On the question to agree thereto, it was determined in the nega- 
 tive — yeas 9, nays 18. 
 
 Mr. Anderson, from the committee appointed on the subject, re- 
 ported the confidential resolution from the House of Representatives, 
 with the following amendment: 
 
 Strike out all the words after the word " the," first mentioned in the first 
 line of the resolution, to the end thereof, and in lieu thereof, insert " peculiar 
 situation of Spain and of her American provinces ; and considering the iimuence 
 which the destiny of the territory adjoining the southern border of the United 
 States may have upon their security, tranquillity, and commerce : Therefore, 
 
 Resolved, by the Senate and House of Representatives of the United States of 
 America in Congress assembled, That the United States, under the peculiar 
 circumstances of the existing crisis, cannot, without serious inquietude, see 
 any part of the said territory pass into the hands of any foreign Power ; and 
 that a due regard to their own safety compels them to provide, under certain 
 contingencies, for the temporary occupation of the said territory ; they at the 
 same time, declare that the said territory shall, in their hands, remain subject 
 to a future negotiation." 
 
 Which report was read, and considered as in Committee of the 
 Whole; and, on motion to adopt the report, a division of the ques- 
 tion was called for by Mr. Dana, and the question to strike out was 
 agreed to, and the amendment was adopted; and the President re- 
 ported the resolution to the House accordingly. 
 
 Ordered, That the resolution pass to the third reading, as amended. 
 
 Saturday, January 12. 
 
 Mr. Cutts, from the committee, reported the amendment to the 
 confidential resolution from the House of Representatives, correctly 
 engrossed ; and the resolution was read the third time, as amended. 
 
 On the question, " Shall this resolution pass, as amended ? " it 
 was determined in the affirmative — yeas 23, nays 6. 
 
 85080—18 2 
 
18 
 
 On motion, by Mr. Worthington, 
 
 Resolved, That a committee of two be appointed to carry the said 
 resolution and amendment to the House of Representatives, and 
 ask their concurrence therein. 
 
 Ordered, That Mr. Clay and Mr. Pickering be the committee. 
 
 Monday, January 14. 
 
 Mr. Clay, from the committee, reported that they had performed 
 the duties assigned them on Saturday last. 
 
 The following confidential message was received from the House 
 of Representatives, by Mr. Montgomery and Mr. Miller, two mem- 
 bers of that body: 
 
 Mr. President : The House of Representatives agree to the amendment of the 
 Senate, to the resolution making a declaration with respect to our Southern 
 frontier. 
 
 They concur in the bill, entitled "An act to enable the President of the United 
 States, under certain contingencies, to take possession of the country lying 
 east of the river Perdido, and south of the State of Georgia and the Mississippi 
 Territory, and for other purposes." 
 
 Mr. Cutts, from the committee, reported that they this day ex- 
 amined, and found duly enrolled, the bill and resolution last men- 
 tioned. 
 
 Tuesday, January 15. 
 
 The following confidential message was received from the House 
 of Representatives, by Mr. Montgomery and Mr. Miller, two mem- 
 bers of that body: 
 
 Mr. President: The Speaker of the House of Representatives 
 having signed an enrolled bill, and an enrolled resolution, we are 
 directed to bring them to the Senate for the signature of their Presi- 
 dent. 
 
 The President signed the enrolled bill and resolution last reported 
 to have been examined ; and they were delivered to the committee, to 
 be laid before the President of the United States. 
 
 Friday, January 18. 
 
 Mr. Cutts, from the committee, reported that they did, on the 
 15th instant, lay before the President of the United States the en- 
 rolled bill, entitled "An act to enable the President of the United 
 States, under certain contingencies, to take possession of the country 
 
19 
 
 lying east of the river Perdido, and south of the State of Georgia 
 and the Mississippi Territory, and for other purposes"; also, the 
 resolution making a declaration with respect to our Southern fron- 
 tier. 
 
 The following confidential message was received from the House 
 of Representatives, by Mr. Montgomery and Mr. Gray, two members 
 of that body: 
 
 Mr. President: The President of the United States hath notified 
 the House of Representatives that he did, on the 15th instant, ap- 
 prove and sign the enrolled resolution, making a declaration with 
 respect to our Southern frontier. 
 
 The following confidential Message was received from the Presi- 
 dent of the United States : 
 
 Mr. President : The President of the United States did, on the 15th instant, 
 approve and sign "An act to enable the President of the United StaU-s, under 
 certain contingencies, to take possession of the country lying east of the river 
 Perdido, and south of the State of Georgia and the Mississippi Territory, and 
 for other purposes." 
 
 Ordered, That the Secretary communicate the same to the House of 
 Representatives, confidentially. 
 
 Sunday, March 3. 
 
 Mr. Clay submitted the following motion for consideration: 
 
 Resolved, by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That the act, passed during the present 
 session of Congress, entitled "An act to enable the President of the United 
 States, under certain contingencies, to take possession of the country lying 
 east of the river Perdido, and south of the State of Georgia and the Mississippi 
 Territory, and for other purposes ; " and the declaration accompanying the 
 same, be not printed or published, unless directed by the President of the 
 United States, any law or usage to the contrary notwithstanding. 
 
 On motion, by Mr. Clay, the resolution was twice read, by unani- 
 mous consent. 
 
 On the question, " Shall this resolution be engrossed and read a 
 third time? " it was determined in the affirmative. 
 
 Mr. Cutts, from the committee, reported the resolution last men- 
 tioned, correctly engrossed; and the resolution was read the third 
 time, by unanimous consent ; and 
 
 Resolved, That this resolution do pass. 
 
 On motion, by Mr. Turner, 
 
 Resolved, That a committee of two be appointed to carry the said 
 resolution to the House of Representatives, and ask their concurrence 
 therein. 
 
 Ordered, That Mr. Turner and Mr. Smith, of Maryland, be the 
 committee. 
 
20 
 
 Mr. Turner, from the committee, reported that they had per- 
 formed the duty assigned them. 
 
 A confidential message was received from the House of Repre- 
 sentatives, by Mr. Montgomery and Mr. Moore, two members of that 
 body, as follows : 
 
 Mr. President: The House of Representatives have passed the 
 confidential resolution sent from the Senate, with amendments, in 
 which they ask the concurrence of the Senate. 
 
 The Senate proceeded to consider the amendments of the House 
 of Representatives to the said resolution. And 
 
 Resolved, That they do concur therein. 
 
 On motion, by Mr. Gaillard, 
 
 Resolved, That a committee of two be appointed to inform the 
 House of Representatives that the Senate have concurred in the said 
 amendments. 
 
 Ordered, That Mr. Worthington and Mr. Bayard be the com- 
 mittee. 
 
 Mr. Bayard, from the committee, reported that they had per- 
 formed the duty assigned them. 
 
 Mr. Cutts, from the committee, reported that they had examined, 
 and found duly enrolled, the bill, entitled "An act concerning the act 
 to enable the President of the United States, under certain contin- 
 gencies, to take possession of the country lying east of the river 
 Perdido, and south of the State of Georgia and the Mississippi Ter- 
 ritory, and for other purposes, and the declaration accompanying 
 the same." 
 
 A confidential message was received from the House of Repre- 
 sentatives, by Mr. Montgomery and Mr. Moore, two members of 
 that body : 
 
 Mr. President : The Speaker of the House of Representatives hav- 
 ing signed an enrolled bill, we are directed to bring it to the Senate 
 for the signature of their President. 
 
 The President signed the enrolled bill, last reported to have been 
 examined, and it was delivered to the committee, to be laid before 
 the President of the United States. 
 
 Mr. Cutts, from the committee, reported that they this day laid 
 before the President of the United States the enrolled confidential 
 bill last mentioned. 
 
 A confidential Message was received from the, President of the 
 United States, as follows : 
 
 Mr. President: The President of the United States this day approved and 
 signed the confidential bill, entitled "An act concerning an act to enable the 
 President of the United States, under certain contingencies, to take possession 
 of the country lying east of the river Perdido, and south of the State of 
 
21 
 
 Georgia and the Mississippi Territory, and for other purposes, and the declara- 
 tion accompanying the same," 
 
 Ordered, That Mr. Cutts and Mr. Campbell be a committee to 
 notify the House of Representatives thereof. 
 
 SUPPLEMENTAL JOURNAL 
 
 OF SUCH PROCEEDINGS OK THE THIRD SESSION OF THE ELEVENTH CONGRESS, AS, DUR- 
 ING THE TIME THEY WERE DEPENDING, WERE ORDERED TO BE KEPT SECRET, AND 
 RESPECTING WHICH THE INJUNCTION OF SECRECY WAS AFTERWARDS REMOVED BY 
 ORDER OF THE HOUSE. 
 
 [Annals of Congress, vol. 22, pp. 1117-1148.] 
 
 Thursday, January 3, 1811. 
 
 A confidential Message was received from the President of the 
 United States; when the House was cleared of all persons except the 
 members and the Clerk, and the said Message was read, and referred 
 to a select committee, composed of Mr. Montgomery, Mr. Cutts, Mr. 
 W. Alston, Mr. P. B. Porter, Mr. Gray, Mr. Haven, Mr. Hunt- 
 ington, Mr. Miller, and Mr. Barry, to consider and report thereon. 
 
 Saturday, January 5. 
 
 The House being cleared of all persons except the members and 
 Clerk, on a motion made, and leave given by the House, Mr. Mont- 
 gomery, from the committee appointed, on the third instant, on the 
 confidential Message of the President of the United States, presented 
 a bill authorizing the President of the United States to occupy the 
 territory therein mentioned, and for other purposes ; which was read 
 the first and second time. 
 
 A motion was then made by Mr. Burw t ell, that it be the order for 
 Monday next; and the question being taken thereon, it was resolved 
 in the affirmative — yeas 80, nays 27. 
 
 * * * * * * * 
 
 Mr. Montgomery, from the same committee, also reported a joint 
 resolution, Avhich is in the following words, to wit : 
 
 Taking into view the present state of the world, the peculiar situation of 
 Spain, and of her American Provinces ; the acknowledged claim of the United 
 States on that country, for indemnifications of great magnitude, and the inti- 
 mate relation of the territory eastward of the river Perdido, adjoining the 
 said States, to their security, and tranquillity ; Therefore. 
 
22 
 
 Resolved, by the Senate and House of Representatives of the United States of 
 America in Congress assembled, That the United States can not see, with in- 
 difference, any part; of the Spanish Provinces adjoining the said States east- 
 ward of the river Perdido, pass from the hands of Spain into those, of any 
 other foreign Power. 
 
 Which was received and read the first time; and, on motion, the 
 said resolution w r as read the second time. 
 
 A motion was made by Mr. Stanley, that it be referred to the 
 Committee of the whole House to whom was referred, this day, the 
 bill authorizing the President of the United States to occupy the 
 territory therein mentioned, and for other purposes; and the ques- 
 tion being taken thereon, it w f as determined in the negative. 
 
 A motion was then made by Mr. W. Alston, that it be referred to 
 a Committee of the Whole, to-day; and the question being taken 
 thereon, it was resolved in the affirmative. 
 
 The House resolved itself into a Committee of the whole House 
 on the said resolution ; and, after some time spent therein, the Com- 
 mittee rose reported progress and had leave to sit again. 
 
 Monday, January 7. 
 
 The House being cleared of all persons except the members and 
 the Clerk, the House resolved itself into a Committee of the Whole 
 on the joint resolution reported by the select committee appointed 
 on the confidential Message of the President of the United States of 
 the third instant ; and, after some time spent therein, the Committee 
 rose and reported an amendment thereto ; which was read : and on 
 the question that the House do now concur in the report of the Com- 
 mittee of the whole House, a motion was made by Mr. Quincy, that 
 the said report and resolution do lie on the table ; and the question 
 being taken thereon, it was determined in the negative. 
 
 A motion was then made by Mr. Stanford, to amend the resolu- 
 tion by striking out the preamble thereto, which is, as amended by 
 the Committee of the whole House, in the following words, to wit: 
 " Taking into view the present state of the world, the peculiar situa- 
 tion of Spain and of her American Provinces, and the intimate re- 
 lation of the territory eastward of the river Perdido, adjoining the 
 said States, to their security and tranquillity." 
 
 And debate arising thereon, an adjournment was called for, and 
 carried. 
 
 Tuesday, January 8. 
 
 The House resumed the consideration of the unfinished business of 
 yesterday, wdiich w^as depending and undetermined at the time of 
 
23 
 
 adjournment. The question being again stated from the Chair on 
 striking out the preamble to the resolution reported by the Committee 
 of the whole House, a division of the same was called for; and the 
 question being taken on striking out, it was determined in the nega- 
 tive^ — yeas 41, nays 65. 
 
 The question then recurred on concurring in the amendment re- 
 ported by the Committee of the whole House, proposing to strike 
 out of the preamble the f ollowing : " the acknowledged claim of the 
 United States on that country for indemnifications of great magni- 
 tude." And the question being taken thereon, it was resolved in the 
 affirmative — yeas 89, nays 21. 
 
 Pending the question, " Shall the resolution be engrossed for a 
 third reading? " a motion was made by Mr. Quinct, to amend the 
 resolution, by striking out the words "with indifference," for the 
 purpose of inserting the words " without serious inquietude ; " and 
 the question being taken thereon, it was determined in the negative. 
 
 A motion was made by Mr. Bacon, to amend the preamble to the 
 said resolution, by striking out the word " said," for the purpose of 
 inserting the word " United ; " and the question being taken thereon, 
 it was resolved in the affirmative. 
 
 A motion was made by Mr. Wright, to amend the resolution, by 
 adding the following to the end thereof : 
 
 Resolved, That the President be requested to make such arrangements for the 
 temporary possession of any part of Florida east of the Perdido, with the 
 Spanish authorities, that he may think necessary for that purpose. 
 
 And the question being taken thereon, it was determined in the 
 negative. 
 
 A motion was then made by Mr. Stanford, to amend the resolution, 
 by adding the following words to the end thereof: "And that the 
 President of the United States, in pursuance of arrangements which 
 may be desired by the Spanish authorities, be authorized to take 
 temporary possession of any part or parts of the said Territory." 
 
 A question of order being made, whether the motion of the gentle- 
 man from North Carolina, Mr. Stanford, was in order, as it appar- 
 ently contained the principles embraced by the amendment proposed 
 by the gentleman from Maryland, Mr. Wright, the Speaker decided 
 that it was not in order. 
 
 A motion was then made by Mr. Macon, that the said resolution do 
 lie on the table; and the question being taken thereon, it was deter- 
 mined in the negative. 
 
 The question then recurred on the engrossing the resolution for a 
 
24 
 
 third reading; and the same being taken, it was resolved in the 
 affirmative — yeas 74, nays 47. 
 
 ******* 
 
 A motion was then made by Mr. Pitkin, that the further consid- 
 eration of the resolution be postponed until to-morrow; and the 
 question being taken thereon, it was determined in the negative — 
 yeas 46, nays 68. 
 
 * * ***** 
 
 The question was then taken that the said resolution do pass, as 
 amended; and resolved in the affirmative — yeas 70, nays 42. 
 ******* 
 
 A motion was made by Mr. Montgomery, that a committee be 
 appointed to carry the said resolution to the Senate; and the ques- 
 tion being taken thereon, it was resolved in the affirmative. 
 
 Mr. Montgomery and Mr. Cutts were appointed a committee, in 
 pursuance of the said resolution. 
 
 Thursday, January 10. 
 
 The House being cleared of all persons except the members and 
 the Clerk, a confidential message was received from the Senate, by 
 their committee, as follows: 
 
 Mr. Speaker: The Senate have passed a bill entitled "An act to 
 enable the President of the United States, under certain contingen- 
 cies, to take possession of the country lying east of the river Perdido, 
 and south of the State of Georgia and the Mississippi Territory, and 
 for other purposes; " in which bill they desire the concurrence of 
 this House. 
 
 The House then proceeded to the consideration of the bill from 
 the Senate; which was read twice, and committed to a Committee 
 of the Whole this day. 
 
 The House then resolved itself into a Committee of the Whole on 
 the said bill; and, after some time spent therein, Mr. Speaker re- 
 sumed the Chair, and Mr. Bassett reported that the Committee of 
 the Whole have had under consideration a bill from the Senate to 
 enable the President of the United States, under certain contingen- 
 cies, to take possession of the country lying east of the river Perdido, 
 and south of the State of Georgia and the Mississippi Territory, and 
 for other purposes, and have agreed to the same, without amendment. 
 
 The House proceeded to the consideration of the report of the 
 Committee of the Whole; and debate arising, an adjournment was 
 called for, and carried. 
 
25 
 Friday, January 11. 
 
 The House resumed the consideration of the report of the Com- 
 mittee of the Whole, made yesterday; and on the question that the 
 House do now concur in the report of the Committee of the Whole — 
 
 A motion was made by Mr. Troup to amend the bill by striking 
 out all the first section thereof, after the enacting clause, for the 
 purpose of inserting the following : 
 
 " That the President of the United States be, and he is hereby, authorized to 
 take possession and occupy all or any part of the territory lying east of the 
 river Perdido, and south of the State of Georgia and the Mississippi Territory, 
 in case arrangement has been or shall be made with the local authority of the 
 said Territory, at the desire of the said authority, for delivering up the pos- 
 session of the same, or any part thereof, to the United States." 
 
 A division of the question was called for by Mr. Rhea; and the 
 question being taken on striking out, it was determined in the nega- 
 tive — yeas 54, nays 66. 
 
 * ^ $ % * # * 
 
 Consequently, the said motion was rejected. • ft 
 
 A motion was made by Mr. Bacon, to amend the bill by striking 
 out the third section thereof, for the purpose of inserting the fol- 
 lowing, : 
 
 "And be it further enacted, That after the possession authorized by this act 
 shall have been taken by the President of the United States, the inhabitants 
 thereof shall continue under the jurisdiction of the local government heretofore 
 established, or which may hereafter be adopted therein, and the civil and mili- 
 tary authorities there acting, shall be confirmed and continued in the exercise 
 of their respective functions, so far as may be necessary to protect the people 
 thereof in the enjoyment of their liberty, property, and religion, until other 
 provisions shall be made by Congress therefor." 
 
 A division of the question was called for by Mr. Montgomery ; 
 and the question being taken on striking out, it was determined in 
 
 the negative — yeas 59, nays 66. 
 
 ******* 
 
 Consequently, the said motion was lost. 
 
 A motion was made by Mr. Troup to amend the bill, by striking out 
 after the word " States," in the seventh line of the first section, the 
 following words : " Or in the event of an attempt to occupy the said 
 territory, or any part thereof, by any foreign Government; and he 
 may, for the purpose of taking possession and occupying the terri- 
 tory aforesaid, and in order to maintain therein the authority of 
 the United States, employ any part of the Army and Navy of the 
 United States, which he may deem necessary ; " for the purpose of 
 inserting the following: 
 
 " Or in the event of an attempted occupation of the said territory by any 
 foreign Power other than Spain, the President of the United States may, for 
 
26 
 
 the purpose, and sole purpose, of repelling such occupation, employ any part of 
 the Army and Navy of the United States, which he may deem necessary, causing 
 no molestation or injury of any kind to the inhabitants of the said territory, 
 save what may be absolutely necessary to the repulsion of such occupation." 
 
 And the question being taken thereon, it was determined in the 
 negative — yeas 54, nays 68. 
 
 * * * » * * * * 
 
 A motion was made by Mr. Milnor to amend the bill by striking 
 out the following words in the seventh line thereof, to wit: " Or, in 
 the event of an attempt to occupy the said territory, or any part 
 thereof, by any foreign Government : " 
 
 And, debate arising thereon, an adjournment was called for, and 
 carried. 
 
 Saturday, January 12. 
 
 A motion was made by Mr. Sheffey that the House do come to 
 the following resolution : 
 
 "Resolved, That the further proceedings on the bill from the Senate, en- 
 titled 'An act to enable the President of the United States, under certain con- 
 tingencies, to take possession of the territory east of the river Perdido, and 
 south of the State of Georgia and the Mississippi Territory, and for other pur- 
 poses,' be had with open doors, and that the injunction of secrecy be taken off 
 in relation thereto." 
 
 On which a question was made, whether the said motion was in 
 order; during a debate on the question of order, twelve o'clock ar- 
 rived, when the order of the day on the unfinished business was called 
 for; and the Speaker decided that, as twelve o'clock had arrived, 
 and the order of the day had been called for, the call for the order 
 of the day had the preference, and superseded the motion of the 
 member from Virginia, (Mr. Sheffey;) from which decision an 
 appeal was taken ; and, on the question, " Is the decision of the Chair 
 correct? " it was resolved in the affirmative — yeas 58, nays 51. 
 ******* 
 
 The question then recurred on the motion of Mr. Milnor, which 
 was pending and undetermined at the time of adjournment, to amend 
 the bill by striking out the following words in the seventh line of 
 the first section thereof, to wit : " or, in the event of an attempt to 
 occupy the said territory, or any part thereof, by any foreign Gov- 
 ernment :" And, the question being taken thereon, it was determined 
 in the negative — yeas 52, nays 66. 
 
 A motion was made by Mr. Sturges to amend the bill by striking 
 out the word "or," for the purpose of inserting the word and in the 
 seventh line and first section of the aforesaid bill; and, the question 
 
27 
 
 being taken thereon, it was determined in the negative — yeas 46, 
 nays 78. 
 
 ******* 
 
 A motion was made by Mr. Sheffey to amend the bill by adding a 
 new section thereto, in the words following, to wit : 
 
 "And be it further enacted, That the President of the United States be, and 
 he is hereby, authorized to restore the possession which may be acquired by 
 virtue of this act, of the said territory, to the Spanish Government, in conse- 
 quence of arrangements to be made between him and that Government, when- 
 ever it shall appear to him that the occupancy thereof, by any other foreign 
 Power, is no longer to be apprehended, and the Spanish authority therein shall 
 be sufficient to maintain internal peace and tranquillity: Provided, That the 
 power hereby granted shall not be construed to authorize the President to re- 
 store such possession in the event of the present existing authority in Spain 
 being subverted, and the Government of that country, assumed and exercised 
 by any other foreign Prince or State ; or, in the event of the Spanish American 
 Colonies becoming independent of the parent State, or subjected to the dominion 
 of any other foreign Power." 
 
 And the question being taken thereon, it was determined ^n the 
 negative — yeas 59, nays 61. 
 
 ******* 
 
 A motion was made by Mr. Hubbard to amend the bill in the first 
 section and seventh line, after the word Government, by inserting 
 the following words : " other than that of Spain." 
 
 And the question being taken thereon, it was determined in the 
 negative — yeas 47, nays 78. 
 
 A confidential message was received from the Senate, by Mr. Clay 
 and Mr. Pickering, their committee, as follows: 
 
 Mr. Speaker: We are instructed by the Senate to inform the House 
 of Representatives, that the Senate have had under consideration a 
 resolution of this House, of the eighth instant, confidentially com- 
 municated to the Senate, by their committee, and have agreed to the 
 same with an amendment ; in which amendment they are instructed to 
 ask the concurrence of this House. 
 
 A motion was made by Mr. Pitkin to amend the bill, by adding 
 the following words to the end of the first section thereof : 
 
 " It is, however, understood, and hereby is declared, that the territory which 
 may be occupied by virtue of this act, is hereafter to be restored to the lawful 
 Government of Spain, administered by the representatives of the people and 
 the Executive authority of that country, according to the ancient forms of their 
 constitution ; or, in the event of that Government being extinguished, then said 
 territory, at the request of the inhabitants thereof, is to be i-estored to the 
 authorities constituted by such Government as shall be established in the 
 Spanish dominions in America, by and with the consent of the people of said 
 Spanish dominions, whenever apprehensions of its being occupied by any foreign 
 
28 
 
 Government shall cease ; and it shall be the duty of the President of the 
 United States, whenever said territory shall be restored, to make the necessary 
 arrangements for that purpose : " 
 
 And the question being taken thereon, it was determined in the 
 negative — yeas 41, nays 76. 
 
 * * * . * * * * 
 
 A motion was made by Mr. Stanford, to amend the bill by adding 
 the following to the end of the last section thereof : 
 
 " And be it further enacted, That the powers, by the several sections of this 
 act vested in the President of the United States, shall cease at the expiration 
 of the session of Congress next ensuing the present, unless they shall be by 
 some future law continued in force for a longer time." 
 
 And the question being taken thereon, it was determined in the 
 
 negative — yeas 41, nays 75. 
 
 ******* 
 
 On the question, " Shall the bill have a third reading?" 
 A motion was made by Mr. Stueges, that the House do now ad- 
 journ; and the question being taken thereon, it was determined in 
 
 the negative — yeas 29, nays 78. 
 
 * * * * * * * 
 
 The question recurring on the third reading of the bill, a motion 
 
 was made by Mr. Bigelow, that the House do now adjourn : 
 
 And the question being taken thereon, it was determined in the 
 
 negative — yeas 37, nays 76. 
 
 ******* 
 
 And on the question, " Shall the bill have a third reading?" it was 
 
 resolved in the affirmative — yeas 77, nays 45. 
 
 ******* 
 
 A motion by Mr. Quincy that the third reading of the bill be the 
 order of the day for Monday next; and the question being taken 
 
 thereon, it was determined in the negative — yeas 42, nays 75. 
 
 ******* 
 
 A motion was then made by Mr. Quincy, that the doors be now 
 opened, and that the injunction of secrecy imposed on the proceed- 
 ings which have been transacted with closed doors during the present 
 session, be removed; and the question being taken thereon, it was 
 
 determined in the negative — yeas 44, nays 79. 
 
 ******* 
 
 A motion was made by Mr. Gholson that the third reading of the 
 bill be the order for this day ; and the question being taken thereon, 
 it was resolved in the affirmative. 
 
 The bill was accordingly read a third time; and, on the question 
 that the jsame do pass, it was resolved in the affirmative — yeas 76, 
 nays 44. 
 
29 
 
 A motion was made by Mr. Montgomery that the House do now 
 proceed to the consideration of the amendment of the Senate made 
 to the confidential resolution of the eighth instant; and, the ques- 
 tion being taken thereon, it was resolved in the affirmative — yeas 77, 
 
 nays 33. 
 
 * * * * * * * 
 
 A motion was then made by Mr. Milnor that the House do now 
 adjourn: and the question being taken, it was determined in the 
 negative. 
 
 The House then resumed the consideration of the amendment of 
 the Senate to the aforesaid resolution. 
 
 A motion was made by Mr. Montgomery that the House do concur 
 in the amendment of the Senate to the said resolution. 
 
 A motion was made by Mr. Goldsborough that the amendment 
 aforesaid be referred to a Committee of the Whole House; and the 
 question being taken, it was determined in the negative — yeas 30, 
 
 nays 78. 
 
 ******* 
 
 v 
 
 A motion was made by Mr. Moseley that the House do now ad- 
 journ, and the question being taken, it was determined in the nega- 
 tive. 
 
 The question again recurred on the concurrence of this House in 
 the amendment of the Senate ; and the question being taken thereon, 
 it was resolved in the affirmative — yeas 78, nays 21. 
 
 ?fc # ^ ifc ^: sj: # 
 
 A motion was made by Mr. Montgomery that a committee be ap- 
 pointed to wait on the Senate, and inform them that the House of 
 Representatives have passed the bill from the Senate, entitled, " An 
 act to enable the President of the United States, under certain con- 
 tingencies, to take possession of the country lying east of the river 
 Perdido, and south of the State of Georgia and the Mississippi Ter- 
 ritory, and for other purposes;" and, also, have concurred in the 
 amendment of the Senate made to the confidential resolution of the 
 eighth instant; and a committee was appointed, consisting of Mr. 
 Montgomery and Mr. Miller. 
 
 Monday, January 14. 
 
 The House being cleared of all persons, except the members and 
 the Clerk, Mr. Garland, from the Joint Committee for Enrolled 
 Bills, reported that the committee had examined an enrolled bill, 
 entitled "An act to enable the President of the United States, under 
 certain contingencies, to take possession of the country lying east of 
 the river Perdido, and south of the State of Georgia and the Mis- 
 
30 
 
 sissippi Territory, and for other purposes; " and that they had also 
 examined an enrolled resolve which passed both Houses of Congress 
 on the twelfth instant ; and had found the same to be truly enrolled : 
 Whereupon, Mr. Speaker signed the said enrolled bill and resolve. 
 
 Ordered, That Mr. Montgomery and Mr. Miller be appointed a 
 committee to acquaint the Senate therewith. 
 
 Thursday, January 17. 
 
 The House being cleared of all persons, except the members and 
 Clerk, Mr. Anderson, from the Joint Committee for Enrolled Bills, 
 reported that the committee did, on the fifteenth instant, present to 
 the President of the United States, for his approbation, an enrolled 
 bill, entitled "An act to enable the President of the United States, 
 under certain contingencies, to take possession of the country lying 
 east of the river Perdido, and south of the State of Georgia and the 
 Mississippi Territory, and for other purposes ; " and an enrolled 
 resolve passed on the twelfth instant. 
 
 A Message was received from the President of the United States, 
 notifying that the President did, this day, approve and sign the 
 abovementioned enrolled resolve. 
 
 Friday, January 18. 
 
 The House being cleared of all persons but the members and the 
 Clerk, the following resolution was submitted by Mr. Sheffey, for 
 consideration : 
 
 " Resolved, That the injunction of secrecy imposed on the proceedings which 
 have been transacted with closed doors, during the present session, be removed, 
 and that the secret journal of such proceedings be published : " 
 
 And on the question, Will the House now consider the said resolu- 
 tion ? it was determined in the negative — yeas 45, nays 73. 
 
 * ****** 
 
 On motion of Mr. Montgomery, 
 
 Resolved, That a committee be appointed to inform the Senate that 
 the President of the United States did, yesterday, approve and sign 
 an enrolled resolve, which originated in this House. 
 
 Ordered, That Mr. Montgomery and Mr. Gray be appointed the 
 said committee. 
 
 Saturday, January 19. 
 
 The House being cleared of all persons, but the members and 
 Clerk, Mr. Montgomery, from the committee appointed, yesterday, 
 
31 
 
 to inform the Senate that the President of the United States did, on 
 the seventeenth instant, approve and sign an enrolled resolve, which 
 originated in this House, reported that the committee had performed 
 that duty. 
 
 A message from the Senate, by Mr. Otis, their Secretary : 
 Mr. Speaker: I am directed to inform this House that the Presi- 
 dent of the United States did, on the seventeenth instant, approve 
 and sign an enrolled bill, entitled "An act to enable the President of 
 the United States, under certain contingencies, to take possession of 
 the country lying east of the Perdido, and south of the State of 
 Georgia and the Mississippi Territory, and for other purposes." 
 
 Sunday, March 3. 
 
 The House being cleared of all persons, but the members and the 
 Clerk, a message was received from the Senate, by Mr. Turner, and 
 Mr. Smith, of Maryland, two members of that body, notifying the 
 House that the Senate had this day passed a resolution in tha form 
 of a joint resolution of the two Houses of Congress, in the words fol- 
 lowing, to wit : 
 
 " Resolved, by the Senate and House of Representatives of the United States 
 of America, in Congress assembled, That the act passed during the present ses- 
 sion of Congress, entitled 'An act to enable the President of the United States, 
 under certain contingencies, to take possession of the country lying east of the 
 river Perdido, and south of the State of Georgia and the Mississippi Territory, 
 and for other purposes,' and the declaration accompanying the same, be not 
 printed or published unless directed by the President of the United States, any 
 law or usage to the contrary notwithstanding : " 
 
 To which they desire the concurrence of this House. 
 
 The said resolution was read the first and second time. 
 
 A motion was made by Mr. Quincy, that the said resolution be 
 committed to a Committee of the whole House ; and the question be- 
 ing taken thereon, it was determined in the negative. 
 
 A motion was made by Mr. Bibb, to amend the said resolution by 
 striking out the first word, " resolved," and insert, in lieu thereof, the 
 words " be it enacted : " and the question being taken thereon, it was 
 resolved in the affirmative. 
 
 Another motion was mr.de by Mr. Bibb, further to amend the said 
 resolution, by inserting, after the word "that," in the third line, the 
 words " this act and ; " and the question being taken thereon, it was 
 resolved in the affirmative. 
 
 A motion was made by Mr. Johnson, further to amend the said 
 resolution, by inserting, after the word " published," in the tenth line, 
 the following : " until the end of the next session of Congress ; " and 
 the question thereon being taken by yeas and nays, and a quorum, 
 
32 
 
 consisting of a majority of the whole House, not being present, the 
 question was not determined. 
 
 The yeas and nays, as demanded by one-fifth of the members pres- 
 ent, are as follows: 
 
 ******* 
 
 The question was again taken by yeas and nays, and resolved in 
 the affirmative — yeas 48, nays 34. 
 
 * $ :je $ ' $ - $ $ 
 
 And the question being taken on the resolution as amended, it was 
 resolved in the affirmative — yeas 52, nays 34. 
 
 Ordered, That Mr. Montgomery and Mr. T. Moore be appointed a 
 committee to wait on the Senate, and inform them of the agreement 
 of this House to their resolution, with amendments ; in which amend- 
 ment they desire the concurrence of the Senate. 
 
 A motion was made by Mr. Sheffey, that the House do come to the 
 following resolution: 
 
 Resolved, That the injunction of secrecy, in relation to the proceedings had 
 with closed doors, during the present session, be removed, and that the secret 
 Journal be published : 
 
 And on the question that the House do agree to the said resolution, 
 it was determined in the negative — yeas 40, nays 51. 
 
 ******* 
 
 A motion was made by Mr. Sheffey that the House do come to the 
 following resolution: 
 
 Resolved, That the Journal of the proceedings of this House on the resolution 
 offered this day, to remove the injunction of secrecy in relation to the proceed- 
 ings had with closed doors, during the present session, be published. 
 
 And on the question that the House do now proceed to the consid- 
 eration of the said resolution, it was determined in the negative. 
 
 The doors were then opened ; and, after some time, closed again. 
 
 A confidential message was received from the Senate, by Mr. 
 Worthington and Mr. Bayard, two members of that body, notifying 
 that the Senate had concurred in the amendments of the House of 
 Representatives to their confidential resolution of this day. v 
 
 Mr. Garland, from the Joint Committee for Enrolled Bills, re- 
 ported that they had examined an enrolled bill, entitled "An act con- 
 cerning 'An act to enable the President of the United States, under 
 certain contingencies, to take possession of the country lying east of 
 the river Perdido, and south of the State of Georgia and the Mis- 
 sissippi Territory, and for other purposes; " and the declaration ac- 
 companying the same, and had found the same to be truly enrolled : 
 Whereupon, Mr. Speaker signed the said bill and the declaration ac- 
 companying the same. 
 
33 
 
 Ordered, That Mr. Montgomery and Mr. Garland be appointed a 
 committee to acquaint the Senate therewith. 
 
 A message was received from the Senate, by Mr. Cutts and Mr. 
 Campbell, two members of that body, notifying the House that the 
 President of the United States had approved and signed a con- 
 fidential bill, passed this day. entitled "An act concerning 'An act 
 to enable the President of the United States, under certain contin- 
 gencies, to take possession of the country lying East of the river 
 Perdido, and south of the State of Georgia and the Mississippi Terri- 
 tory, and for other purposes," and the declaration accompanying the 
 same. 
 
 Ordered. That the doors be now opened. 
 
 CONFIDENTIAL PROCEEDINGS OF THE SENATE 
 
 AT THE SECOND SESSION OF THE TWELFTH CONGRESS 
 
 V 
 [Annals of Congress, vol. 25, pp. 124-134.] 
 
 Saturday, July 31, 1813. 
 
 On motion, by Mr. Anderson, 
 
 Ordered, That the confidential proceedings of the Senate at their 
 last session, in relation to East Florida, be made public. 
 
 Thursday, December 10, 1812. 
 
 Mr. Anderson submitted the following motion for consideration, 
 which was read : 
 
 Resolved, That a committee be appointed to consider whether it be expedient 
 to authorize the President of the United States to occupy and hold the whole 
 or any part of East Florida, including Amelia Island, and also those parts of 
 West Florida which are not now in the possession and under the jurisdiction of 
 the United States, with leave to report by bill or otherwise. 
 
 Tuesday, December 15. 
 
 The Senate proceeded to consider the motion submitted the 10th 
 instant, respecting the Floridas; and, after debate, the further con- 
 sideration thereof was postponed to Monday next. 
 85080—18 3 
 
34 
 Wednesday, December 16. 
 
 Mr. Leib submitted the following motion for consideration : 
 Resolved, That the President of the United States be requested to cause to 
 be laid before the Senate any information which he may have of the intention 
 of the enemy to take possession of East Florida, and of the disposition of the 
 people of that Territory to be received under the protection of the Government 
 of the United States ; the amount of the American force in that neighborhood, 
 and under the command of General Wilkinson; and the quantum of Spanish 
 or other force in St. Augustine, Pensacola, and Mobile. 
 
 Friday, December 18. 
 
 The Senate proceeded to consider the motion submitted the 16th 
 instant, calling upon the President of the United States for informa- 
 tion respecting East Florida; and, on motion by Mr. Goodrich, to 
 amend the motion, so- as to read as follows : 
 
 Resolved, That the President of the United States be requested to cause to be 
 laid before the Senate any information which he may have of the intention of 
 die enemy to take possession of East Florida, and of the disposition of the 
 people of that Territory to be received under the protection of the Government 
 of the United States ; the amount of the American force in that neighborhood, 
 and under the command of General Wilkinson ; and the quantum of the Spanish 
 or other force in St. Augustine, Pensacola, and Mobile ; and respecting any 
 negotiation that may have been had for the settlement of differences and claims 
 existing between the United States and Spain, not heretofore laid before the 
 Senate ; respecting any proposal or negotiation that may have been made, or 
 had, by or with any person or persons exercising the powers of the Government 
 of Spain, or claiming to exercise the powers _of said Government, or with their 
 respective agents, for the cession of East Florida to the United States ; respect- 
 ing any proposal to or from the local authorities of East Florida, (not hereto- 
 fore communicated,) for the cession, surrender, or occupancy thereof, to or by 
 the United States; and also, any information respecting the relations of the 
 United States with Spain or said Territory of East Florida, which the Presi- 
 dent may deem proper to communicate. 
 
 On motion, by Mr. Anderson, the further consideration of the 
 motion for amendment was postponed to Monday next. 
 
 Tuesday, December 22. 
 
 The Senate resumed the motion made the 10th instant to appoint 
 a committee to inquire into the expediency of taking possession of 
 East Florida; and, on motion by Mr. Smith, of Maryland, to post- 
 pone the further consideration thereof to Monday next, it was de- 
 termined in the negative — yeas 15, nays 15. 
 
 * * * * * * * 
 
 On motion, by Mr. Leib, to strike out the words " with leave to re- 
 port by bill or otherwise," it was determined in the negative. 
 
35 
 
 On the question to agree to the original motion, it was determined 
 
 in the affirmative — yeas 18, nays 12. 
 
 * * * * * * * 
 
 Ordered, That Messrs. Anderson, Goodrich, Smith, of Maryland, 
 Tait, and Varnum, be the committee. 
 
 The Senate resumed the consideration of the motion made the 
 16th instant, calling upon the President of the United States for 
 information respecting East Florida, together with the amendment 
 proposed thereto on the 18th instant; and, having agreed to the 
 amendment, 
 
 Resolved, That the motion be agreed to as amended. 
 
 Ordered, That the Secretary lay this resolution before the Presi- 
 dent of the United States. 
 
 Thursday, January 14, 1813. 
 
 The following confidential Message was received from the Presi- 
 dent of the United States : 
 
 To the Senate of the United States: 
 
 I transmit to the Senate a report of the Secretary of State, complying with 
 their resolution of the 22d December. 
 
 James Madison. 
 
 January 14, 1813. 
 
 The Message and report were read. And on motion, by Mr. Leib, 
 that they be printed confidentially for the use of the Senate, it was 
 agreed that the motion be postponed until to-morrow. 
 
 Friday, January 15. 
 
 The Senate resumed the consideration of the motion made yester- 
 day, "that the Message and report respecting East Florida be 
 printed confidentially for the use of the Senate, with the exception 
 of the return of the number' of troops and their respective stations, 
 on the Southern and Western frontier ; " and, on the question to 
 agree thereto, it was determined in the negative — yeas 13, nays 18. 
 
 On motion, by Mr. Anderson, 
 
 Ordered, That the Message, and documents therein referred to, be 
 referred to the committee appointed the 22d December on the same 
 subject, to consider the report thereon. 
 
 Mr. Bradley submitted the following motion for consideration : 
 
 Resolved, That the President of the United States be requested to cause to 
 be laid before the Senate all letters and communications that have passed 
 between the Government of the United States and that of Spain, or the Minis- 
 
36 
 
 ters thereof, since the 9th day of January, 1804, on the subject of indemnities 
 for spoliations committed on our commerce by her subjects before that time; 
 and also, in relation to French seizures and condemnation of our vessels in thy 
 ports of Spain, during the late war with France ; together with such communica- 
 tions between this and the French Government as relate to the same subjects ; 
 with such instructions as have been given to the Ministers of the United States 
 in relation to the same. And any propositions or negotiations that have been 
 had or made with France or Spain, for ceding East Florida to the United States. 
 previous to the 15th day of January, 1811, not heretofore communicated. 
 
 SaturDx\t, January 16. 
 
 The Senate proceeded to consider the motion submitted yesterday 
 by Mr. Bradley ; and, on motion, by Mr. Campbell, of Ohio, the far- 
 ther consideration thereof was postponed until Monday next. 
 
 Monday, January 18. 
 
 The motion submitted by Mr. Bradley on the 15th instant was re- 
 sumed and agreed to without amendment. 
 
 Ordered, That the Secretary lay the said resolution before the 
 President of the United States. 
 
 Tuesday, January 19. 
 
 Mr. Anderson, from the committee appointed the 22d December 
 on the subject, reported the following bill : ■ 
 
 A bill authorizing the President of the United States to take possession of a tract of 
 country lying south of the Mississippi Territory and of the State of Georgia, and for 
 other purposes. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That the President be, and he is hereby, 
 authorized to occupy and hold all that tract of country called "West Florida, 
 which lies west of the river Perdido, not now in possession of the United 
 States. 
 
 Sec. 2. And be it further enacted, That the President be, and he is hereby, 
 authorized to occupy and hold all that part of West Florida east of the Per- 
 dido, and the whole or any part of East Florida, including Amelia Island. 
 
 Sec. 3. And. be it further enacted, That, for the purpose of occupying and 
 holding the country aforesaid, and of affording protection to the inhabitants 
 thereof, under the authority of the United States, the President may employ 
 such parts of the military and naval force of the United States as he may 
 deem necessary. 
 
 Sec. 4. And be it further enacted, That, for defraying the necessary ex- 
 penses, ■ dollars are hereby appropriated, to be paid out of any moneys 
 
 in the Treasury, not otherwise appropriated, and to be applied for the purposes 
 aforesaid, under the direction of the President. 
 
37 
 
 Sec. 5. And be it further enacted, That, until further provision shall be made 
 by Congress, the President shall be, and hereby is, empowered to establish 
 within the country he may acquire by this act a temporary Government, the 
 civil and military authorities of which shall be vested in such person or persons 
 as he may appoint, and be exercised in such manner as he may direct: Pro- 
 vided, That he shall take due care for the preservation of social order, and for 
 securing to the inhabitants the enjoyment of their personal rights, their reli- 
 gion, and their property : And provided, also, That the section of country herein 
 designated, that is situated to the eastward of the river Perdido, may be the 
 subject of future negotiation. 
 
 The bill was read; and passed to the second reading. 
 
 Friday, January 22. 
 
 The bill authorizing the President of the United States to take 
 possession of a tract of country lying south of the Mississippi Terri- 
 tory and of the State of Georgia, and for other purposes, was read 
 the second time. v 
 
 Mr. Leib submitted the following motion for consideration : 
 
 Resolved, That the documents which accompanied the President's Message 
 of the 14th instant, be confidentially printed for the use of the Senate, except- 
 ing those papers which relate to the stations and the amount of the military 
 force of the United States, and the letter of General Pinckney of the 27th 
 December. 
 
 On motion, by Mr. Leib, that the bill be now taken up and consid- 
 ered, it was determined in the negative. 
 
 Monday, January 25. 
 
 On motion, by Mr. Anderson, that the bill authorizing the Presi- 
 dent of the United States to take possession of a tract of country 
 lying south of the Mississippi Territory and of the State of Georgia, 
 and for other purposes, be now considered, it was determined in the 
 negative. 
 
 The Senate proceeded to consider the motion submitted on the 22d 
 instant, by Mr. Leib ; and, on motion, by Mr. Bayard, that the fur- 
 ther consideration thereof be postponed until to-morrow, it was de- 
 termined in the negative. 
 
 On the question to agree to the resolution, on motion, by Mr. 
 Reed, it was agreed that it be taken by yeas and nays ; and, on mo- 
 tion, by Mr. Bayard, the Senate adjourned. 
 
 Tuesday, January 26. 
 
 On motion, by Mr. Anderson, the Senate resumed, as in Commit- 
 tee of the Whole, the consideration of the bill authorizing the Presi- 
 
38 
 
 dent of the United States to take possession of a tract of country 
 lying south of the Mississippi Territory, and of the State of Georgia, 
 and for other purposes; and, on motion, by Mr. Leib, that the fur- 
 ther consideration of the bill be postponed in order to consider his 
 motion, to have printed certain documents referred to in the Mes- 
 sage of the President of the United States of the 14th instant, it was 
 determined in the negative. 
 
 Mr. Gaillard was requested to take the Chair ; and the considera- 
 tion of the bill was recurred to. 
 
 A motion was made by Mr. Smith, of Maryland, to strike out the 
 second section of the bill ; and, on his motion, it was agreed to take 
 the question by yeas and nays. 
 
 On motion, by Mr. Bradley, the further consideration of the bill 
 was postponed to, and made the order of the day for, to-morrow. 
 
 Mr. Tait presented the memorial of the Legislature of the State of 
 Georgia, recommending to, and soliciting, Congress to authorize the 
 President of the United States to take immediate possession of the 
 province of East Florida, and that portion of West Florida pur- 
 chased from France, but still retained by Spain; for reasons stated 
 at large in the memorial ; which was read. 
 
 On motion, by Mr. Leib, the Senate resumed his motion, submitted 
 the 22d instant, that the documents referred to in the Message of the 
 President of the United States of the 14th instant, be printed; and 
 the motion was amended. 
 
 Besolved, That the documents which accompanied the President's 
 Message, of the 14th instant, be confidentially printed for the use of 
 the members of the Senate, excepting those papers which relate to 
 the stations and amount of the military force of the United States, 
 the report of the Secretary of State, and the letters of General 
 Pinckney. 
 
 On the question, to agree to the motion as amended, it was deter- 
 mined in the affirmative — yeas 18, nays 12. 
 
 ******* 
 
 The following confidential Message was received from the Presi- 
 dent of the United States: 
 
 To the Senate of the United States: 
 
 I transmit to the Senate a report of the Secretary of State, complying with 
 their resolution of the 8th inst. 
 
 James Madison. 
 
 January 26, 1813. 
 
 The Message and report were read ; and then the Senate adjourned. 
 
39 
 Wednesday, January 27. 
 
 The following confidential Message was received from the Presi- 
 dent of the United States : 
 
 To the Senate of the United States: 
 
 I transmit to the Senate a report of the Secretary of War, complying with 
 their resolution of the 7th inst. 
 
 James Madison. 
 
 Januaby 27, 1813. 
 
 The Message and report were read. 
 
 Mr. Horsey submitted the following motion for consideration, 
 which was read : 
 
 Resolved, That the injunction of secrecy in relation to the President's Mes- 
 sage, of the 26th instant, communicating certain papers, marked A and B, in 
 compliance with the resolution of the Senate of the 18th instant, be. and the 
 same is herehv. removed. 
 
 Thursday, January 28. 
 
 The Senate resumed, as in Committee of the Whole, the considera- 
 tion of the bill authorizing the President of the United States to 
 take possession of a tract of country lying south of the Mississippi 
 Territory and the State of Georgia, and for other purposes; and on 
 motion, by Mr. Anderson, the further consideration thereof was 
 postponed to, and made the order of the day for, to-morrow. 
 
 The Senate proceeded to consider the moti'on submitted yesterday, 
 by Mr. Horsey, to remove the injunction of secrecy from certain 
 papers ; and, on motion, the further consideration thereof was post- 
 poned until to-morrow. 
 
 Friday, January 29. 
 
 The Senate resumed, as in Committee of the Whole, the considera- 
 tion of the bill authorizing the President of the United States to 
 take possession of a tract of country lying south of the Mississippi 
 Territory and of the State of Georgia, and for other purposes; and, 
 Mr. Gaillard was requested to take the Chair; and the motion to 
 strike out the second section of the bill was resumed: and. after 
 debate, adjourned. 
 
 Monday, February 1. 
 
 The Senate resumed, as in Committee of the Whole, the consid- 
 eration of the bill authorizing the President of the United States to 
 take possession of a tract of country lying south of the Mississippi 
 
40 
 
 Territory and of the State of Georgia, and for other purposes, to- 
 gether with the motion to strike out the second section thereof ; and 
 Mr. Gaillard was requested to take the Chair; and, after debate, 
 the consideration thereof was further postponed until to-morrow. 
 
 Tuesday, February 2. 
 
 The Senate resumed, as in Committee of the Whole, the considera- 
 tion of the bill authorizing the President of the United States to 
 take possession of a tract of country lying south of the Mississippi 
 Territor}- and of the State of Georgia, and for other purposes, 
 together with the motion to strike out the second section thereof; 
 and Mr. Gaillard was requested to take the Chair : 
 
 On the question, to strike out the second section, as follows : 
 
 " Sec. 2. And be it further enacted, That the President be. and he is hereby, 
 authorized to occupy and hold all that part of West Florida east of the Perdido, 
 and the whole or any part of East Florida, including Amelia Island :" 
 
 It was determined in the affirmative — yeas 19, nays 16. 
 
 * * * * * * * 
 
 A motion was made, by Mr. Smith, of Maryland, to strike out the 
 fifth section of the bill: and, on motion, the Senate adjourned. 
 
 Wednesday, February 3. 
 
 On motion, by Mr. Anderson, the Senate resumed, as in Commit- 
 tee of the Whole, the consideration of the bill authorizing the Presi- 
 dent of the United States to take possession of a tract of country 
 lying south of the Mississippi Territory and of the State of Georgia, 
 and for other purposes; together with the motion to strike out the 
 fifth section; and Mr. Gaillard was requested to take the Chair. 
 
 Whereupon, Mr. Smith, of Maryland, withdrew his motion to 
 strike out the fifth section of the bill. 
 
 A motion was made, by Mr. Campbell, of Ohio, to insert, in lieu 
 of the second section stricken out, the following : 
 
 " And be it further enacted, That, if hostilities shall be committed by the 
 Spanish nation, its colonies, or dependencies, against the United States, or if 
 it shall be ascertained, to the satisfaction of the President of the United States, 
 that the safety and security of the United States, or any part thereof, are in 
 imminent danger from the Spanish authorities in East Florida, and in that 
 part of West Florida lying east of the river Perdido, the President of the United 
 States is hereby authorized to occupy the said provinces, or any part thereof, 
 including Amelia Island." 
 
 Whereupon, a motion was made, by Mr. Bradley, to amend the 
 proposed section, by inserting after the word " that," in the first 
 
41 
 
 line, the following words : " upon the troops of the United States 
 being withdrawn from the province of East Florida." 
 
 And a motion was made, by Mr. Pope, that the further considera- 
 tion of the bill be postponed to the first Monday in June next : and it 
 wns determined in the negative — yeas 16, nays 17. 
 
 # * * * * * * 
 
 On the question, to agree to the motion for amendment to the 
 amendment, it was determined in the negative — the Senate being 
 equally divided, yeas 17, nays 17. 
 
 # * * * v * * * 
 
 On the question, to agree to the motion for amending the second 
 section, it was determined in the negative — yeas 14, nays 20. 
 
 # * * * * * * , 
 
 On motion, it was agreed to strike out the fifth section of the bill. 
 On the question, Shall the bill be engrossed and read a third time 
 as amended ? it was determined in the negative. 
 
 Friday, February 5. 
 
 The bill authorizing the President of the United States to take 
 possession of a tract of country lying south of the Mississippi Terri- 
 tory and of the State of Georgia, and for other purposes, was re- 
 ported by the committee correctly engrossed ; and the bill was read 
 the third time. 
 
 On motion, by Mr. Anderson, it was agreed to fill the blank with 
 
 the words " twenty thousand." 
 
 On the question, Shall this bill pass? it was determined in the af- 
 firmative — yeas 22, nays 11. 
 
 * * * * * * * 
 
 So it was Resolved, That the bill do pass ; and, on motion, it was 
 agreed that the title thereof be " An act authorizing the President of 
 the United States to take possession of a tract of country lying south 
 of the Mississippi Territory and west of the river Perdido." 
 
 On motion, by Mr. Anderson, 
 
 Resolved, That a committee be appointed, to consist of two mem- 
 bers, to carry the said bill to the House of Eepresentatives and ask 
 their concurrence therein. 
 
 Ordered, That Messrs. Anderson and Bradley be the committee. 
 
 The Senate resumed the consideration of the motion submitted 
 the 27th of January, to print certain documents : and. after debate, 
 on motion, the Senate adjourned. 
 
42 
 Monday, February 8. 
 
 On motion, Ordered, That Mr. Dana be of the committee ap- 
 pointed the 5th instant, to carry a confidential bill to the House of 
 Representatives, in place of Mr. Bradley, absent. 
 
 Tuesday, February 9. 
 
 The following confidential message was received from the House 
 of Representatives, by Messrs. Troup and Robertson, two of their 
 members; Mr. Troup, chairman: 
 
 Mr: President: The House of Representatives have passed the 
 bill sent from the Senate, entitled "An act authorizing the Presi- 
 dent of the United States to take possession of a tract of country 
 lying south of the Mississippi Territory and west of the river Per- 
 dido." 
 
 And the Senate then adjourned. 
 
 Thursday, February 11. 
 
 Mr. Campbell, of Ohio, from the committee, reported the bill, 
 entitled "An act authorizing the President of the United States 
 to take possession of a tract of country lying south of the Missis- 
 sippi Territory and west of the river Perdido," duly enrolled. 
 
 The following message was received from the House of Repre- 
 sentatives, by Messrs. Crawford and Goodwin, two of their mem- 
 bers; Mr. Crawford, chairman: 
 
 Mr. President: The Speaker of the House of Representatives hav- 
 ing signed an enrolled bill, we are directed to bring it to the Senate 
 for the signature of their President. 
 
 The President signed the enrolled bill last reported tb have been 
 examined, and it was delivered to the committee, to be laid before 
 the President of the United States. 
 
 Saturday, February 13. 
 
 Mr. Campbell, of Ohio, from the committee, reported that they 
 yesterday laid before the President of the United States the en- 
 rolled bill, entitled, "An act authorizing the President of the 
 United States to take possession of a tract of country lying south 
 of the Mississippi Territory and west of the river Perdido." 
 
43 
 
 The following Message was received from the President or the 
 United States: 
 
 Mr. President: The President of the United States did, on the 
 12th instant, approve and sign " An act authorizing the President 
 of the United States to take possession of a tract of country lying 
 south of the Mississippi Territory and west of the river Perdido." 
 
 Ordered, That the Secretary communicate this information to the 
 House of Kepresentatives. 
 
 On motion, the Senate adjourned. 
 
 Tuesday, February 16. 
 
 The Senate resumed the consideration of the motion submitted 
 by Mr. Horsey on the 27th of January, to remove the injunction 
 of secrecy from certain papers; and, on motion, it was agreed to 
 amend the same to read as follows : | 
 
 Resolved, That the injunction of secrecy in relation to the paper 
 marked A, communicated in the President's Message of the 26th 
 instant, be, and the same is hereby, removed. 
 
 On the question, to agree to the motion as amended, the Senate 
 being equally divided, it was determined in the negative— yeas 16, 
 
 nays 16. 
 
 ****** 
 
 On motion, the Senate adjourned. 
 
 Thursday, February 18. 
 
 The following Message was received from the President of the 
 United States: 
 
 To the Senate of the United States: 
 
 I transmit to the Senate a report of the Secretary of State, comply- 
 ing with their resolution of the 18th of January, 1813. 
 
 James Madison. 
 
 February 18, 1813. 
 
 The Message and documents therein referred to were read. 
 
44 
 
 PROCEEDINGS AND DEBATES OP THE HOUSE OF REPRESENTATIVES 
 OF THE UNITED STATES. 
 
 AT THE SECOND SESSION OE THE TWELFTH CONGRESS, BEGUN AT THE CITY OF WASH- 
 INGTON, MONDAY, NOVEMBER 2, 1812. 
 
 [Extract from pp. 1015, 1016, of Annals of Congress, vol. 25.] 
 
 Monday, February 8 (1813). 
 * * * * * * * 
 
 A message from the Senate was announced, of a confidential nature. 
 The House was accordingly cleared of all strangers, and remained 
 in secret session for two or three hours. When the doors were 
 opened, * * *. 
 
 (Extract from p. 1015, op. cit.) 
 
 Wednesday, February 17 (1813). 
 ******* 
 
 A communication of a confidential nature was announced from the 
 Senate : On which, the House was cleared of all persons, except the 
 Members and officers of the House, and the doors were closed, and 
 after remaining so for some time, they were again opened; and the 
 House adjourned. 
 
 (Extract from p. 1079, op. cit.) 
 
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