The Debates and Proceedings in the Congress of the United States, Twelfth Congress, Second Session Page: 199
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199
HISTORY OF CONGRESS.
200
H. of R.
Medals and Prize Money—District Judges.
November, 1812.
4th instant as relates to the late importations of Brit-
ish manufactures; also, the petitions of sundry mer-
chants (enumerated in the report) report, that they
have bestowed on the subject a degree of attention
proportioned to its importance; that they have, in the
preEent investigation, confined them'selves to the cases
of importations directly from the United Kingdom of
Great Britain and Ireland, and that the result of their
examination and inquiries will be found:
1st. In a correspondence with the Secretary of the
Treasury.
2d. In a detailed examination of committees of mer-
chants from Boston, New York, Philadelphia, and
Baltimore, and some accompanying documents.
3d. In a statement made by Mr. Russell, late Charge
des Affaires of the United States at the Court of Lon-
don, who, at the request of the committee, was so
obliging as to attend them and give this statement.
That, on a view of the whole subject, the commit-
tee are of opinion, that the Secretary of the Treasury
has full power to remit or mitigate the penalties and
forfeitures incurred, should an interposition in either
"way be called for by the circumstances of the case;
they, therefore, recommend that it be
Resolved, That it is inexpedient to legislate upon
the subject, and that the petition, with the accompany-
ing documents, be referred to the Secretary of the
Treasury.
The said report was read, referred to a Com-
mittee of the Whole, and made the order of the
day for Monday next.
MEDALS AND PRIZE MONEY.
On motion of Mr. Bassett, the House re-
solved itself into a Committee of the Whole, on
the report of the Naval Committee on the pro-
posed vote of a gold medal to Captain Isaac Hull,
late commander of the frigate Constitution, and
silver medals to the other officers, and a sum of
—— thousand dollars, to be distributed as prize-
money among the officers and crew, as an expres-
sion of the sense entertained by this House of
their bravery and conduct in attacking and van-
quishing ihe British frigate Guerriere.
Mr. Bassett spoke in support of the resolu-
tion. He staled the magnitude of the achieve-
ment; the amount of value of the capture; and
assigned many reasons particularly in favor of
the donation to the officers and crew, on whom
collectively he proposed to bestow the sum of
$100,000, and made a motion to that effect. He
said the prize money arising from the capture,
had not the public service required the destruc-
tion of the Guerriere, would have amounted to
much more; and the merits of those concerned
in the capture entitled thein to this remunera-
tioti, He dilated on the present low price of
wages on board our public ships, and adverted to
the seaman's hardships and the seaman's rislt, &c.
The question on filling up ihe blank with " one
hundred thousand dollars," was then taken, and
decided in the affirmative—50 to 37.
The Committee rose and reported their agree-
ment to the resolution. &
Mr. M'Kee stated that his mind was not made
up on this subject; that some documents had
been read, which on perusal might affect his de-
cision. He wished them printed; he desired
time also to consult the Constitution as to the
power of the House to vote away money in this
manner. He, therefore, moved that the resolu-
tion lie on the table.
Mr. Bassett seconded the motion; the resolu-
tion was ordered to lie on the table.
DISTRICT JUDGES.
On motion of Mr. Poindexter, the House re-
solved itself into a Committee of the Whole on
the bill concerning the judges of the district and
territorial courts of the United Stales.
The bill makes it incumbent on the judges to
reside within their respective districts; and makes
it unlawful for them to exercise the profession or
employment of counsel or attorney.
Mr. Stanford was opposed to the latter pro-
vision. The compensations of the judges of the
district courts were so limited (and the House
had within a day or two refused an augmentation
of them) that they were compelled to resort to
other means of subsistence than their salaries.
This provision would deprive them of the means
cf support. He moved to amend it so as to limit
the preclusion to the courts of the United States,
not affecting the practice in the State courts.
Mr. Poindexter replied that the duties of ad-
vocate and judge were incompatible; and if they
were not, that it was beneath the dignity of a
judge to descend to practice, in the courts.
Mr. Stanford's motion was negatived.
An amendment was moved by Mr. Poindex-
ter. making territorial judges impeachable be^-
fere the Legislatures of the several territories;
and declaring that, on conviction of the offences
created by this act, they shall be removed from
office by the President of the United States.
This proposition was opposed by Messrs. Gold,
Stanford, and Rhea, and supported by Mr.
Poindexter. It was negatived by a large ma-
jority.
Mr. Jennings moved a new section to the bill,
going to prevent any judge of any territory from
holding at the same time any other office of profit
or emolument not derived from the President
and Senate of the United States.
This amendment was opposed by Mr. Rhea,
and supported by Mr. Jennings, and agreed to.
43 to 35. °
Mr. Jennings moved another section, disquali-
fying any person holding an office under the
Government of the United States or from the
Governor of said Territory, from eligibility to
office as delegate in Congress of the United
Stales.—Adopted, yeas 57.
The Committee rose and reported the bill, and
the amendment having been ratified by the vote
of the House, the bill was ordered to be engrossed
for a third reading, yeas 50.
Friday, November 27.
A new membfr, to wit: from Georgia, Wil-
liam Barnett, returned to serve as a member of
this House, in the place of Howell Cobb, re-
signed, appeared, was qualified, and took his seat.
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Gales and Seaton. The Debates and Proceedings in the Congress of the United States, Twelfth Congress, Second Session, book, 1853; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30352/m1/97/: accessed April 20, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.