58 JAN. 19, 1826.] OF DEBATES IN CONGRESS. Import and Tonnage Duties. for Vice President, as is now provided in the Constitution. But when a second election shall be necessary in the case of Vice President, and not necessary in the case of President, then the Senate shall choose a Vice President from the persons having the two highest numbers in the first election, as is now prescribed in the Constitution." The resolution was twice read, and made the special order of the day for Monday, the 30th inst. Mr. ROWAN, of Kentucky, said, as this was a subject in which the dearest interests of the People were vitally involved, he should wish a large number of this Report to be printed, to be distributed amongst the People of the Union, that the Senate might, by its diffusion, have an opportunity to learn their sentiments, and be enlightened by their wisdom on the subject. Whether considered with regard to the great interest which the subject possessed, or to the great ability with which it had been discussed, it merited that the highest number should be printed which it was customary to print of interesting documents, and he moved that three thousand be printed; Which motion was carried. IMPORT AND TONNAGE DUTIES. The Senate then proceeded, as in committee of the whole, to consider the bill "further to amend the act of 1799, entitled an act to regulate the collection of duties on imports and tonnage." [SENATE. under the custody of the officers of the customs; to which He said he had only seen the bill under discussion that Mr. SMITH, of Maryland, then took a review of the revenue system; explained the objects of this bill; the necessity for it, which had been made apparent by the transMr. SMITH moved to fill up the blank in the clause to actions which had lately taken place at Philadelphia. He adverted to the act of 1799, and explained the different sections, and the reasons which had induced the Commit-punish the officer of the customs with fine and imprisonlimit of the fine, and three months as the limit of the imtee of Finance to propose the present amendment to ment, in certain cases, with four thousand dollars as the prisonment. that act. Mr. HOLMES, of Maine, also offered some remarks in As explanation of the bill, in the necessity of which he entirely agreed with the Chairman of the Committee. regarded the late transactions at Philadelphia, he understood a very serious loss was likely to be sustained. It arose either from some fault of the Collector, in permitting the owner or importer of the goods to have the control of the warehouse in which they were deposited, or from some mistake in delivering up the certificates, when he Whether there had been any ought not to have done so. fraud on the part of the officers of the Government, he Mr. H. said he thought it prowas not prepared to say. bable the time would come (and might not be far distant) when they would find it the interest of the Government, and for the safety and profit of the revenue, to build public warehouses of their own, in the principal ports of the Union. Mr. LLOYD, of Massachusetts, said, that the object of the law of 1799 was to grant a facility to the merchants of the country, by allowing them to warehouse their teas and spirits under the custody of the Custom-house, without putting them to the inconvenient necessity of immediately seeking sureties, for a heavy amount, when, perhaps, the article deposited might never come into the consumption of the country, or not do it for a long period thereafter, or again be trans-shipped to some other country for the benefit of drawback. That he knew nothing of the losses which were said to have occurred in Philadelphia, except from vague rumors and newspaper accounts; but from them he feared a heavy loss would be sustained by the United States. In this, however, he might be mistaken, as he had no direct information on the subject. If there should be such loss, he apprehended it would arise from what he should consider a misconstruction of the law of 1799, the provisions of which appeared to him good, and, perhaps, sufficient. They required that the article of teas should, where the importer wished it, be bonded by his individual bond, and the teas be deposited in a warehouse, Mr. HOLMES moved twelve months as the limit of the term of imprisonment. Mr. COBB, of Georgia, said, it appeared, from what bad A fine of four thousand transpired of the occurrences which had taken place at Philadelphia, that there was something like fraud on the part of the Custom-house officer. dollars would not, he thought, affect much the perpetrator of such a fraud. He understood the loss which was likely to be sustained by the Government, by that transaction, amounted to between five and eight hundred thousand dollars; and, if it had arisen from the connivance of the custom-house officer, he would laugh at a fine of four thousand dollars. The importer of goods on which such a Mr. C. said, that, when a heavy large amount of duties would accrue, would find it to his suffice to pay this fine. interest to bribe him with a sum much larger than would loss was likely to accrue from the misconduct of the custom-house officer, he thought the fine ought to be augmented; it should amount almost to as much as the loss which might accrue to the United States. The sum now proposed would be, as a fine, no punishment at all. C. said, he should say, a sum not exceeding twenty thou sand dollars ought to be inserted in lieu of the proposed Mr. HOLMES said, that, by a reference to the bill, it sum of four thousand dollars. -, and imprisonment for a term not -; that either or both of the said punishwould be found that the punishment to be inflicted was a fine not exceeding exceeding ments might be inflicted, according to the nature and aggravation of the offence. The delinquent would, moreover, be removed from office. Mr. H. did not pretend to say whether the fine would be sufficient to deter them from the commission of the offence, but he thought the imprisonment would, and he should prefer that the term of the imprisonment should be increased, instead of increasing the fine. He thought that the fine could not be fixed quite high enough to deter men in cases of this kind. Mr. SENATE.] h Duty on Foreign Spirits-Case of Commodore Porter. [JAN. 23, 1826. the whole subject into consideration, he thought it properly belonged to the other House, and when it came before the Senate they would consider it. Mr. FINDLAY said, if the position taken by the gentleman from Maryland was correct, he had been in error when he had formerly made the motion to raise a ComCommittee on Agriculture, unless this petition, and others of a similar nature, were referred to it. It was true, this House had not the power to originate a bill laying a tax, but they could originate a bill to repeal any branch of revenue whatever. The purport of this petition was not so much for a repeal of any branch of the revenue, but to encourage the manufacture of domestic spirits, and to provide a home market for the produce of the farmer. Mr. COBB thought, if the custom-house officer took a bribe in a case like this, imprisonment would have no effect on him. A man might import tea to a great amount; might say he could not pay, or give security for the payment of the duties, and the goods would be warehoused; the duty on these teas might amount to $800,000. This man would make money by bribing the custom-house of-mittee on Agriculture-there could be no occasion for a ficer with $100,000, to permit him to take these teas out of t' public warehouse; and how was it proposed to puh this officer who should receive the bribe? Dismiss om his office? The officer would not mind that. A fin of $4,000 he would laugh at, and he would think ligntly of the imprisonment; for on coming out, he would be left to the enjoyment of $96,000, thus fraudulently acquired. This would be no punishment at all. The term of imprisonment should extend beyond twelve months, or he Mr. HOLMES hoped that the petition would be referred would turn it into ridicule. In cases like this, where it ap- to the Committee on Agriculture. When the motion for peared it was in the power of the importer and custom-appointing a Committee on Agriculture was under discushouse officer to benefit themselves, it would be necessary sion, Mr. H. said, he had expressed it as his opinion, that to place it in the power of the court to impose such a there was nothing which could be referred to such a compunishment as would deter them from the commission of mittee, but what properly belonged to the Committee on such a crime. Mr. C. said, he should move to extend the Finance, and this petition was a full proof, a practical illuslimit of the term of imprisonment to five years. tration, of what he had then advanced. Nothing could be Mr. WOODBURY did not oppose an increase of the proposed, affecting the Agriculture of the country, but sum of the fine, but thought, before it was definitely fixed, would affect, likewise the Finances of the country. He it should be considered that the collector, for such mis- was happy that the Committee on Agriculture had been conduct as was alleged to be true at Philadelphia-and for appointed, inasmuch as it would lighten the labors of the such as was made penal by the bill-would be liable not Committee on Finance. The petition contained no proonly to removal from office, and such fine and imprison position to lay a tax, but, on the contrary, to repeal a tax ment as should be prescribed, but would be answerable, which amounts to two millions of revenue annually. He without doubt, in his private capacity, for all damages sus-wished the Committee on Agriculture to take the subject tained by the United States-and his sureties also be liable to the extent of his official bond. Mr. FINDLAY said he was not in possession of any particular information relative to the transactions at Philadelphia-and he thought the Senate ought to be made acquainted with the origin and causes of the evil proposed to be remedied before they legislated on the subject. He was informed from a respectable source that the Executive had sent a confidential agent to Philadelphia to inquire into the whole affair. He therefore moved to lay the bill on the table to await a report on the subject from the agent. This motion prevailed, 18 to 12. MONDAY, JANUARY 23, 1826. DUTY ON FOREIGN SPIRITS. Mr. MARKS presented the petition of sundry agriculturists, citizens of Pennsylvania, praying that such a duty may be laid on foreign ardent spirits as may prevent its importation; and Mr. M. moved its reference to the Committee on Agriculture. up, and make a report on it, to show what would be the probable effects of a repeal of the tax on foreign spirits. The question was then taken on the reference to the Committee on Agriculture, and decided in the affirmative. CASE OF COMMODORE PORTER. On motion of Mr. DICKERSON, of New Jersey, the Senate proceeded to the consideration of the following report of the Committee on Naval Affairs, made some days ago: "The Committee on Naval Affairs, to whom was referred a letter from Captain DAVID PORTER, of the United States' Navy, requesting an investigation of charges contained in communications from Thomas Randall and John Mountain;' and to whom was also referred a letter from THOMAS RANDALL, on the same subject, together with a communication from the Secretary of the Navy, covering the Proceedings of the Court of Inquiry and Court Martial, in relation to Captain Porter,' report: "That they have had these several communications under consideration, and find nothing in the character of the transactions to which they relate, that requires the interference of this House. ["It appears that the case of Captain Porter has been submitted to the proper tribunals; and the Committee do not feel themselves warranted in forming any opinion un Mr. MACON thought that as such a measure would be the same as a tax bill, which this House could not originate, it would not be worth while to refer the petition. If such a bill were to come from the other House, then this peti-favorable to their decisions, or indulging any impression tion might properly be referred with it to the Committee on Finance; but its reference now would be premature and useless. The memorial having been read, at the instance of Mr. MARKS, Mr. SMITH said the memorial was of a very strong financial character, and it was probable that Congress would not, in the present state of the finances, consent to a total relinquishment of revenue from foreign spirits, unless an excise was laid on the distilled spirits of the country. The revenue arising from the duty on imported spirits amounts to two millions of dollars. It was not probable that such an amount could be deducted from the revenue unless its place were to be supplied by an excise on the distilled liquors of the country. Therefore, taking that their proceedings require revision. The committee consider it due alike to the preservation of a proper discipline, and to the reputation of our officers, that appeals should not be encouraged from the decisions of the Military Courts. Under this view of the subject, and seeing no satisfactory reason for interposing the authority of the House in matters which have been finally settled by the competent authorities,] the committee ask leave to be discharged from the further consideration of the subject." The report having been read Mr. DICKERSON observed, that the Naval Committee must have misunderstood the application of Commodore Porter. They consider him as appealing from the decision of the Court to whom his case was referred-and the intimation that the preservation of proper discipline requires 56 57 JAN. 23, 1826.] OF DEBATES IN CONGRESS. Case of Commodore Porter. [SENATE. that appeals should not be encouraged from the decisions the sphere of piracy, and the ports of the Gulf of Mexico, to which alone he has solicited the attention of the Senate. If this is an appeal at all, it is not from the courtbut, from sentiments expressed against him upon this floor last winter, when the subject of carrying specie by our West India squadron was partially discussed, and when we had but a part of the information which such a discussion required. If this subject had not been brought before the Senate last winter, without the consent of Cap tain Porter, and in his absence, he would not at this time ask their attention to it. cern. These, and many other observations of Mr. RANDALL are made, more from the information derived from others, than from his own observation-but not the leses injurious to Commodore Porter. Mr. Mountain is much more explicit. In his letter to Mr. Warner, dated Havana, Oct. 30, 1824, he says, "herewith accompanying, I have given you a long exby our Government, to put a stop to the pirates, our poor tract of a letter from Mr. Lattin, of Matanzas. It is a lamentable fact, that, unless some efficient measures are taken countrymen must suffer; it is too true, our trade has not been protected on this side of Cuba, since early last spring; our men of war have, it is certain, been here, and In January last, it was known to the Senate and to the off here, on their way to, or from, the ports in the Bay of Cuba." This language cannot be misunderstood by a sinPublic, that Commodore Porter had been recalled from Mexico, carrying freight. A thirst for making money his command in the West Indies, to answer to charges prevails with others, as well as those in the Island of which the Executive considered of great national conThis call, under these portentous and undefined gle citizen of the United States. And least of all, by the charges, was calculated to throw a cloud over the charac- officers of our squadron in the West Indies, whose chater of this gallant officer: at such a time as this, it was all-racters were to be affected by it. A thirst for making money important to him, that no impression unfavorable to his prevails with others—who are these others? The officers character should be made upon the Senate of the United of our squadron-and who are those of the Island of States; at such a time as this, it was all-important to him, Cuba? The pirates. This is the language of Mr. Mounthat no such impression should be made upon the Public; tain; though not explicit, yet not to be misunderstood. and most especially was it important to him, that, if impres- Thus, sir, the officers of our squadron in the West Indies, were risking their lives-who were sacrificing their lives sions must be made against his character upon the Public, so far as regards a thirst for making money, are compared those impressions should not be strengthened by the to pirates. Yes, the gallant officers on that station, who approbation or concurrence of this Senate. the President was called upon for such information as he for their country-are classed with the enemies of the hupossessed, and which might be safely communicated, re- man race-and that by an Agent of the United States. lative to the piracies referred to in his message; in answer Upon information of this character, a discussion took racter of Commodore Porter, and the officers under his to which, on the 13th of January, he sent a message con- place in the Senate, on the 2d of February last, in which As this information taining, among other things, the letters and extracts of let- observations were made, extremely unfavorable to the chaters, from Mr. Randall and Mr. Mountain, which placed command, but which seemed to be justified by the inthe conduct of Commodore Porter, and the squadron unwith the transportation of specie, to the neglect of his der his command, in a most unfavorable point of view. formation laid before the Senate. Among other things, Mr. Randall, in his letter to the Se- went to charge Commodore Porter and his squadron, cretary of State, dated at Havana, 1st October, 1824, says duty, and the important interests of the country, it was "I take the liberty to add some remarks, on the disposi- but right, that the orders authorizing this carrying of speon this station, which were designed to be employed in cie, if such existed, should also be laid before the Sethe suppression of Piracy. It is here a matter of common nate-and, in the President's message, we find the orders observation and complaint, that the antipiratical squadron of Secretary Thompson, of the 1st of February, 1823, in can Coast, generally, to the United States. Keep one veshas effected nothing against the pirates, commensurate which he says, "you will embrace the object of protectwith its numbers and force, during the last six months." ing the convoy of specie from Vera Cruz, and the MexiAgain, “I allude to the carrying of specie for our merchants in vessels of war, the whole effect of which, is to sel, at least upon this service, to be at, or near Vera Cruz, to bring specie to the United States, confining the transgive a trifling premium of insurance to one class of the during the healthy season of the year, and to be relieved, community, which would otherwise be paid to another as occasion shall require; both for the convoy of trade, or portation to the United States only." At this time tion and conduct of the naval forces of the United States class. Again" But experience shows that the suppression of piracy, and the transportation of specie, on the late system, are incompatible. The first, alone, is more than sufficient to occupy all the time and energies of any force we can detach for that service. It must be evident that officers arriving here, their vessels freighted with large sums of money, deliverable in the United States or elsewhere; for which they have signed bills of lading, and on which insurance has been effected by all parties, for their respective interests, have contracted obligations, always embarrassing and frequently adverse to the performance of some Such has been the predicament of important service. many vessels of the United States, designed to protect our trade against the pirates, which have merely touched at this island in their voyages to and from other islands out of It will be seen by this, that the power to carry specie was very limited-confined to the convoy and to the transportation of specie to the United States only, which could by no means justify the carrying of specie from one place or port to another in the West Indies; and by no means affording a justification against the charges contained in the letters of Mr. Randall and Mr. Mountain. Yet these orders have been communicated, and no others of a later date upon the subject, it was to be presumed that none others, affording a justification to Commodore Porter and his squadron, existed. That the Senate acted under this impression, is evident from their remarks. Yet, sir, there were later orders to Commodore Porter, giving much more extensive powers as to the carrying of SENATE.] Case of Commodore Porter. [JAN. 23, 1826. specic, which were not communicated in the President's arm their vessels. Nay, more, the Secretary of the Navy, Message. in his letter of the 21st of December, 1824, says "Con In conformity with the instructions of this letter, Commodore Porter issued his orders to his squadron; and on the 16th October, 1814, he made a return to the Navy Department, from which it appeared that the specie transported at that time, by his squadron, amounted to $399,000; that transported by Lieutenant Gallagher not included. If this information had been communicated to the Senate, the opinions formed then of the conduct of Commodore Porter would have been very different from what they were. This information, with much more, was laid before the Court of Inquiry, which induced them to acquit Commodore Porter most honorably of all charges of car rying specie to the neglect of his duty in the suppression of piracy; and to decide "that the manner in which the squadron, under the command of Captain Porter, was employed during the period of his command, appears to the Court to have been highly honorable to him, and the officers and men,employed." In the printed trial of Commodore Porter, we find a let-voy has been often declined, rather than submit to delays, ter from the Secretary of the Navy of the 22d of Decem- or changes in the course of the vessel; and it is understood ber, 1823, to the Commodore, in which he says, "you that insurance is unusually low, and that the offices add may receive on board specie, and the articles permitted little, if any thing, on account of this risque. It may be efby the act for the better government of the Navy, belong-fected to the West Indies at one per cent. on the outward, ing exclusively to our own citizens, and carry them from and one on the homeward voyage; and in some instances one port or place to another, when it does not, in any de-at one and a-half, embracing both, which is below the acgree, interfere with your other duties, or violate the laws tual expense of arming." It is therefore evident, that the of the country where you are. You may also bring to public excitement upon this subject has been unreasona the United States specie belonging to our own citizens, bly great, and it is to be regretted that it has led to the loss but you are in no case to permit any thing in the shape or of more of our brave seamen than fell during the late war, character of public advertisements, to be used for the pur-lost in a deadly climate and in an inglorious service. pose of giving information that you will carry them." Capt. Porter, by endeavoring to bring before the SeYou will, from time to time, make reports to this De-nate the information laid before the Court of Inquiry, did partment, of all the specie and other articles you may car-hope to remove impressions formed without this informary, the places to and from which you may carry them, tion; and, if the Senate should not be satisfied with his and the circumstances, terms, and conditions, under which honorable acquittal by the Court of Inquiry, he is willing you do it." to submit to a more rigid examination of his conduct. But he has not attempted to answer the arguments and inferences used against him in the Senate. He has not, by any observations of his own, endeavored to obviate them; but, if he had, it would not be beneath the dignity of this body to listen to him. When the conduct of General Jackson had been scrutinized with great severity in the Senate, the General sent a long memorial in answer to the charges made against him, in which he recriminates very freely upon those who made charges against him. The Senate received this memorial, read it, ordered it to be printed, and it now forms a part of our documents. Com. Porter asks nothing like this. He wishes them to examine more fully, what they examined in part last winter. He wishes them to be convinced, by examining the proceedings of the Court of Inquiry, that, in transporting specie, as laid to his charge by Mr. Randall and Mr. Mountain, he has acted agreeably to the laws and agreeably to his orders; and this favor he asks in terms sufficiently respectful and subWhy the letter containing the orders of the 1st of Fe- missive. If we do not think proper to express an opinion bruary, '23, which did not authorize the carrying of spe- upon the subject, let us not lay hold of the occasion to lacie, from port to port, and place to place, in the West In- cerate the wounded feelings of this gallant officer. Let dies, was sent to the Senate, while that of the 22d De- us not insinuate, by any resolution of ours, that Captain cember of the same year, which did warrant such trans-Porter has disturbed the discipline of the Navy by an apportation, was withheld, it is perhaps not important to in- peal from the decision of a Court which he never meant to quire. Perhaps the last letter was not thought of suffi- make, and has not made. If we cannot grant his request, cient importance to be communicated; perhaps there was let us dismiss it with the respect due to a meritorious offisome reason for keeping such orders secret; perhaps it cer. If the report of the Committee had been, that they was omitted through inadvertence. It certainly was not did not think it expedient to enter into the consideration intended to produce the effect which it did produce-a of this subject, as the same had been decided by the promortifying though temporary depression of Commodore per tribunal and therefore asked to be discharged from Porter's character, when it most wanted support. the further consideration of the subject, although it would have been wanting in courtesy to the applicant; yet no objection would probably have been made to this report, and it is now respectfully suggested to the Committee to amend their report, by inserting, that Commodore Porter, having been acquitted by the Court of Inquiry, and there being no grounds for forming an opinion unfavorable to their report: therefore, resolved, that the Committee be discharged. If this is not acceded to, a specific motion will be made to recommit the case to the same Com Whether the transportation of specie from place to place, and port to port, for our merchants, was a judicious employment of our squadron, was not for Commodore Porter to decide. The Executive had adopted it, at the carnest solicitation of our merchants; and, in doing this, our squadron were acting according to orders. A large portion of the specie transported by our squadron, would otherwise have been divided among the pirates. It is specie the pirates are in pursuit of; cut them off from that, and the business would cease. It is proper here to observe, that the dangers to which our commerce has been exposed in the West Indies has been greatly exaggerated. By the third section of an act of Congress of the 3d March, 1819, for the protection of commerce, continued to this time, our merchants are permitted to arm their vessels and defend themselves against the pirates or others, attempting unlawfully to seize their vessels, not only to defend themselves, but to capture the vessels thus attempting to take them; to bring them into port, to have them condemned, and to divide the proceeds of such vessels and cargoes; yet the risque has been to small, that the merchants Irave not thought proper to mittee. Mr. HAYNE, Chairman of the Naval Committee, rose in reply to Mr. DICKERSON, and said, that an answer to a single question would show that the gentleman from New Jersey was mistaken in the view which he had taken of this subject, and that the Naval Committee were in the right. How came this case before the Senate? They had been told by the gentleman, that it had been carried before a Court of Inquiry, and had there been properly decided-therefore, Mr. H. repeated, how came the case of Commodore Porter before the Senate? Was it not on an application by that gallant officer for the expression of an opinion by this House, which had been decided by a JAN. 23, 1826.] Case of Commodore Porter. [SENATE. Naval Court? It was true, this might not, technically, be any investigation that could have been instituted, here or an appeal, inasmuch as it was an application, not to re- elsewhere, have satisfied the nation better than this had verse, but to support and confirm a decision; but it was an done? Under such circumstances, Mr. H. said, the presenta application here on a subject matter which had been tried tion of the memorial at all was an objectionable proceeding. and decided before a proper tribunal-therefore, the Sen- After the decision of the court of inquiry on the identical ate would be warranted in considering it in the light of an matter submitted to the Senate, to bring it here in any appeal to that body, from the decision of the Court of In- shape, or in any form, was in the nature of an appeal to the quiry, and would agree with the committee in the conclu- Legislative body from the decision of a military tribunal— sion, that it was not proper that matters of this sort should and he thought it was calculated to do injury to the discibe submitted to them-that such a proceeding would be pline of the service. He did not impute to the Commoinjurious to the discipline of the service, and no good dore any such design. He was of opinion he had been could possibly result from it. The Senate would, he pre-induced to take the step he had done, by his excited med, consider the committee as equally correct in the conclusion, that they ought to be discharged from the further consideration of the subject. Mr. H. said he would take a short view of the nature of this transaction—he would enter into a brief history of it, to shew that the view which had been taken of it by the Naval Committee, was not subject to those exceptions which had been suggested by the gentleman on the other side, who, he thought, had not displayed his customary accuracy in the statements he had made, and in the inferences he had drawn from those facts. At the last session of Congress, said Mr. H. during the progress of the bill for the suppression of piracy, information was called for from the proper department, on the subject, and the communications of Messrs. Mountain and Randall were submitted to this House-and what, asked Mr. H. did these communications set forth? That piracy prevailed in the West Indies to an alarming extent, in consequence, as they believed, of the absence of a portion of our force on that station. They did not attribute this to Commodore Porter, and he thought that every gentleman who looked further into those proceedings would find they expressly disclaimed all idea of casting censure on the commanding officer. They asserted that piracy existed, and that our vessels were not so frequently on the coast as was requisite for its suppression; but, whether that line of conduct was consistent with the instructions which had been given to the commanding officer, was a question which they did not pretend to decide. feelings. Mr. HAYNE certainly did not mean to say that the Commodore was disposed to injure the discipline of the service; very far from it; but the measure of itself was calculated to have that effect, and was, therefore, objectionable. If the Senate were to take cognizance of the case, he thought it would be setting a very bad example. The gentleman from New Jersey had said that the Naval Committee had misconceived the object of the memorial. How was its object to be ascertained but from the memorial itself? How came the proceedings of the Court of Inquiry to be found on your table? They were called for by the gentleman from Massachusetts, (Mr. LLOYD) at the solicitation of Commodore Porter himself, as he has expressly stated. How came the letter of the Commodore to be submitted to the Senate? Because, he tells us, he understood from the gentleman from Massachusetts, that he did not intend to originate any proceed、 ing in the business. Here is the letter of the Commo dore, said Mr. H. and the Senate could judge if the Committee had misconceived its meaning. [Mr. H. here read the memorial of Commodore Porter, which stated that the proceedings of the Court of Inquiry and Court Martial, had been called for at his request, and Mr. H. contended that, as the Senate had been called upon for the expression of an opinion on the subject, it was manifest that the whole proceeding was in the nature of an appeal from the decision of the Court.] Mr. H. then proceeded to insist, that, as the Court of Inquiry and the Court Martial had determined the only questions there were to be decided in the Commodore's case, the subsequent application to the Senate was substantially, and in effect, an appeal from a military tribunal, to a legislative body, and calculated to do injury to the The Senate, acting on the lights they had, passed a bill on the subject, which occasioned some free debates, but Mr. H. said, if he was not mistaken, the gentlemen, who, in the course of those debates, expressed themselves most strongly on the subject, always qualified their ex-discipline of the service. pressions, in such a manner, as to spare the feelings of the Commodore. For himself, he could distinctly state, that he had abstained from any harsh construction of the conduct of that officer. On Com. Porter's return to his country, he demanded, as every high-minded officer should have done, an official inquiry into his conduct—not from the Senate, but from his official superior. He did not come here, and, presenting a petition, say, let my conduct, which has been called in question in this Hall, be investigated by you. He did not ask us, in consequence of opinions unfavorable to his character, to appoint a committee to investigate his case. No. He took the proper course. He went to the Secretary of the Navy, and claimed a full inquiry by a proper court, embracing his whole conduct while on the West India station. He sought for a trial by his peers, the officers of the navy-a tribunal appointed by law for the decision of matters of that nature. That tribunal had investigated the subject at great length, and the gentleman had before him the result. On inquiring into the subject, they had found the Commodore's conduct, as far as this question was concerned, free from censure, and that he had performed his duty conformably to his instructions and the means placed at his disposal. Mr. H, asked whether the matter ought not to have rested there? Could the friends of Commodore Porter hope to obtain any decision before this or any other body better calculated to satisfy his feelings, and to do justice to his character? Could The gentleman from New Jersey, Mr. H. said, had gone a little further, and it would be necessary to say a few words in answer to another part of his argument. He had introduced the instructions which had been given to Commodore Porter, and asks of the Senate whether, when they called for the instructions under which the Commodore had acted, if any member had supposed that there were others which had been kept back, and which had an important bearing on the subject? Mr. H. said when the gentleman had stated this proposition, he was something startled by the imposing emphasis with which he had stated the case; but when he came out with those additional instructions which he supposed had been suppressed, what were they? Nothing more than that the Commander of the squadron might receive and transport specie in his squadron, when it did not interfere with the performance of his other duties. Was this a secret to the Senate? Did not every one in this House know it? Had they not been discussing the question for two years, whether that permission ought be continued? Mr. H. said he was a member of the committee to whom the subject was referred two years ago, with a view to alter these very regulations. Did they not report a bill, and did not the gentleman from New Jersey vote on the bill, and yet he supposed those instructions, which were indeed the general regulations of the Navy, were a profound secret to the Senate. If the Secretary of the Navy had incumbered their tables by sending |