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H. OF R.

District of Columbia.

FEBRUARY, 1803.

petuate the memory of a number of American citizens who perished on board of the British prison ships, or who were slain in defence of their country, during the Revolutionary war; the bones and other remains of whom have been, and still are, daily seen at and near the site of the present navy yard of the United States, in the vicinity of the said city, scarce earthed in the falling banks, or exposed on the naked shores.

chibald Henderson, William H. Hill, David Holmes,
Benjamin Huger, Samuel Hunt, George Jackson,
William Jones, Ebenezer Mattoon, David Meriwether,
Samuel L. Mitchill, Thomas Moore, Lewis R. Morris,
Thomas Morris, Anthony New, Thomas Newton, jun.,
Joseph H. Nicholson, Elias Perkins, Thomas Plater,
Nathan Read, John Rutledge, William Shepard, Israel
Smith, John Cotton Smith, John Smith, of Virginia,
Samuel Smith, Henry Southard, John Stanley, John
Stewart, John Taliaferro, jr., Samuel Tenney, Samuel
Thatcher, Thomas Tillinghast, Philip R. Thompson,
Ordered, That the said memorial be referred to
Abram Trigg, John Trigg, George B. Upham, Killian the Committee of the whole House to whom was
K. Van Rensselaer, Peleg Wadsworth, Lemuel Wil- committed, on the twenty-fourth ultimo, the bill
liams, Richard Wynn, and Thomas Wynns.
sent from the Senate, entitled "An act to carry
NAYS-Willis Alston, John Archer, John Bacon, into effect several resolutions of Congress for
Phanuel Bishop, William Butler, Samuel J. Cabell, erecting monuments to the memories of Generals
Thomas Claiborne, Matthew Clay, Richard Cutts, John Wooster, Harkemer, Davidson, and Scriven," to-
Dawson, Lucas Elmendorf, Ebenezer Elmer, John Fow-gether with the report of a select committee, pro-
ler, William Hoge, James Holland, Michael Leib, James
Mott, John Randolph, jr., John Smilie, John Smith, of
New York, Josiah Smith, Richard Stanford, David
Thomas, Joseph B. Varnum, Isaac Van Horne, and
Robert Williams.

The second and last resolution to which the Committee of the Whole reported their disagreement, being twice read, in the words following, to wit:

Resolved, That it is expedient for Congress to recede to the State of Maryland, the jurisdiction of that part of the Territory of Columbia, which was ceded to the United States by the said State of Maryland, by an act passed the nineteenth day of December, in the year one thousand seven hundred and ninety-one, entitled "An act concerning the Territory of Columbia and the City of Washington:" provided the said State of Maryland shall consent and agree thereto :

The question was taken that the House do concur with the Committee of the Whole in their disagreement to the same, and resolved in the affirmative.

THURSDAY, February 10.

An engrossed bill to provide an additional armament for the protection of the seamen and commerce of the United States was read the third time, and passed.

Mr. GREEN, the Delegate in this House from the Mississippi Territory of the United States, presented to the House certain resolutions of the General Assembly of the said Territory, and a memorial thereto annexed, from the said Assembly, addressed to the President, Senate, and House of, Representatives of the United States, representing the inconveniences to which they have been and are now subjected, in consequence of shutting the port of New Orleans, in virtue of a proclamation of the Spanish Intendant of the said port, without having a place of deposit on the Mississippi river assigned to them in lieu thereof.

The said resolutions and memorial were read, and ordered to be referred to the Committee of the Whole on the state of the Union.

A memorial of sundry citizens of the United States, and inhabitants of the city and State of New York, was presented to the House and read, praying that a monument may be erected to per

posing amendments thereto.

Ön motion it was

Resolved That the Commissioners, appointed under "An act for the amicable settlement of limits with the State of Georgia, and authorizing the establishment of a Government in the Mississippi Territory," be, and they are hereby, authorized to cause to be printed their report respecting the claims of settlers, or other persons, together with such documents as may accompany the same; and that the expense thereof be defrayed out of the contingent fund of this House.

On motion, it was

Ordered, That so much of a letter, dated the thirteenth ultimo, from the Secretary of the Treasury to the Chairman of the Committee to whom were referred the letters of Edward Tiffin, President of the Convention of Ohio, and Thomas Worthington, special agent of the said State, together with a copy of the constitution thereof, and sundry propositions in addition to, and in modification of, those contained in an act passed at the last session of Congress, as relates to the sale of lands, the property of the United States, within the said State of Ohio, be referred to the committee appointed the seventeenth of December last, on that part of the Message from the President of the United States, of the fifteenth of the same month, which "relates to our concerns with the Indian tribes, and the establishment of a new settlement."

The House resolved itself into a Committee of the Whole on the bill for the relief of Moses White; and, after some time spent therein the bill was reported without amendment, and ordered to be engrossed, and read the third time to-morrow.

Mr. EARLY, from the committee to whom were referred, on the fourth instant, a letter and report from the Secretary of War, accompanied with sundry documents, respecting claims against the United States, for services of the militia of the State of Georgia, made a report thereon; which was read, and ordered to be committed to a Committee of the Whole House on Monday next.

Mr. HILL, from the committee to whom was recommitted, on the seventh instant, an engrossed bill to prevent the importation of certain persons, whose admission is prohibited by certain laws of the State Governments, reported an amendatory

FEBRUARY, 1803.

Ohio School Fund-Indian Tribes.

bill to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited; which was read twice and committed to a Committee of the whole House on Monday next.

H. or R.

will supply the same, be made, for the support of schools in the district contained between the Scioto and Little Miami rivers.

4. Resolved, That a like provision, for the use of schools, be made, out of of any lands which may hereafter be acquired from the Indian tribes.

5. Resolved, That the lands which now are, or hereafter may be, appropriated to the use of schools within the State of Ohio, be vested in the Legislature thereof, in trust for that object.

The House resolved itself into a Committee of the Whole on the report of the Secretary of State, of the twenty-fifth ultimo, on the memorial of Tobias Lear; and, after some time spent therein, the Committee rose and were refused leave to sit 6. Resolved, That not less than three-fifths of the again. sum offered to be appropriated by Congress, for the Ordered, That the Committee of the whole House be discharged from the farther considera-opening of roads, from the Western to the Atlantic waters, shall be appropriated, under the direction of the tion thereof; and that the said report and memorial, State of Ohio, for the laying out of roads within that together with the documents accompanying the same, be recommitted to a Committee of Claims. Mr. THOMPSON, from the committee appointed, on the memorial of the City of Washington, and Alexandria, reported a bill for establishing the Government of Columbia.

This bill establishes a Legislature, composed of a House of Representatives to be chosen annually, and a Senate to be chosen biennially, by the freemen who have resided in the Territory twelve months and paid taxes. No person to be eligible as a member of the House of Representatives unless resident in the Territory for three years, and possessed of a freehold for the same time; and no person to be eligible as a member of the Senate unless possessed of property in value amounting to five hundred dollars.-Referred to a Committee of the Whole on Monday next.

OHIO SCHOOL FUND.

The House resolved itself into a Committee of the Whole on the report of the committee of the second instant, to whom were referred, on the twenty-third of December last, a letter from Edward Tiffin, President of the Convention of Ohio, and a letter from Thomas Worthington, special agent of the said State, enclosing a copy of the constitution thereof, together with sundry propositions in addition to, and in modification of, those contained in an act passed at the last session of Congress; and after some time spent therein, the Committee rose and reported to the House their agreement to the resolutions contained therein, with two amendments, which being severally read, the first amendment was, on the question put thereupon, agreed to, and the other disagreed to by the House.

The said resolutions, as amended, were again severally read, at the Clerk's table, and agreed to by the House, as follows:

1. Resolved, That a donation, equal to one thirtysixth part of the amount of the lands in the United States Military Tract, within the State of Ohio, be made, for the support of schools within that tract.

2. Resolved, That a donation equal to one thirtysixth part of the County of Trumbull, be made, out of the lands within the United States' Military Tract, for the support of schools within the said County of Trumbull.

State.

7. Resolved, That, in lieu of the township proposed to be granted for the use of an academy, by the act passed the fifth day of May, one thousand seven hundred and ninety-two, there be granted to the State of Ohio, for the purposes described in that act, one other entire township, within the district of Cincinnati; provided that the State of Ohio shall relinquish to the United States, all their claims, under the act aforesaid, against the said John C. Symmes.

8. Resolved, That these propositions shall depend on the compliance, by the State of Ohio, with the provisions of the third proposition, and second section of the aforesaid act, entitled "An act to enable the people of the eastern division of the Territory Northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes," passed the thirtieth day of April, one thousand eight hundred and two.

Ordered, That a bill or bills be brought in, pursuant to the said resolutions; and that Mr. RANDOLPH, Mr. ELMENDORF, Mr. GODDARD, Mr. HENDERSON, and Mr. ARCHER, do prepare and bring in the same.

INDIAN TRIBES.

The House resolved itself into a Committee of the Whole on the report of the committee of the thirty-first ultimo, on so much of the Message from the President of the United States, of the fifteenth ultimo," as relates to our concerns with the Indian tribes, and the establishment of a new settlement;" and, after some time spent therein, the Committee rose and reported to the House their agreement to the resolutions contained therein; which were severally twice read, and agreed to by the House, as follows:

1. Resolved, That the law passed on the eighteenth day of April, one thousand seven hundred and ninetysix, entitled "An act for establishing trading-houses with the Indian tribes, and which was revived and continued by another law, passed on the thirtieth day of April, one thousand eight hundred and two, ought to be farther continued, with the appropriations therefor, for the term of two years, from the fourth day of March next; and from thence until the end of the next ses sion of Congress.

2. Resolved, That an additional sum of ten thousand dollars ought to be appropriated, to enable the Execu3. Resolved, That a donation equal to one thirty-tive to embrace any favorable opportunity of obtaining sixth part of the Virginia reservation, so far as the un- farther cessions of land from the Indians. located lands, within that reservation, (after the warrants issued by that State shall have been first satisfied,)

3. Resolved, That the sum of two thousand dollars ought to be appropriated, for the purpose of procuring

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articles necessary to the establishment of salt-works on the Wabash river; and that the Executive ought to be authorized to lease the same for a term not exceeding years, to one or more persons, as shall appear most advantageous to the public, and on conditions which shall insure the working of them.

FEBRUARY, 1803.

ted their report on the petition of Samuel Corp; and, after some time spent therein, the Committee rose and reported to the House their agreement to the resolution contained therein; which was twice read, and agreed to by the House, as follows:

4. Resolved, That an office ought to be opened for York be, and he is hereby, authorized to pay SamResolved, That the Collector of the port of New the sale of land, within the Mississippi Territory, to uel Corp the amount of three debentures, payable which the Indian title has been, or shall be extinguished, in April, June, and August, one thousand eight on conditions which shall guard against monopoly, and encourage the actual settlement of the same; and hundred, which were issued to him on account of that prompt measures ought to be taken for the adjust-goods exported by him to New Orleans on board ment of all existing rights and claims within the said the ship Chesapeake, Captain Tombs, in the month Territory. of August, one thousand seven hundred and ninety Ordered, That a bill or bills be brought in, nine; provided that every requisite, agreeably to pursuant to the said resolutions; and that Mr. Daw-law, for the obtaining such drawbacks, shall have been complied with. SON, Mr. THOMAS MORRIS, Mr. HASTINGS, and Mr. MERIWETHER, do prepare and bring in the

same.

PRESERVATION OF TIMBER.

ment thereof.

Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that the Committee of Commerce and Manufactures do prepare and bring in the same.

On the call of Mr. NEWTON, the House went A petition, in the French language, of sundry into a Committee of the Whole on the bill mak-inhabitants of Post Saint Vincennes, in the Indiana ing an appropriation of $50,000, for the preserva-Territory of the United States, whose names are tion of timber on navy yards and for the improve-thereunto subscribed, was presented to the House and read, complaining of intrusion of the citizens of the United States, on lands which the petitioners claim, under a title from certain Indian tribes, and of other grievances therein specified, to which they have been, and now are, subjected; and praying the interposition of Congress to redress the same; also, that a small portion of wood-land on each side of the Oubache river, adjoining the lands which they now possess, may be granted for the common use and benefit of the petitioners.

Mr. RANDOLPH considered this bill entirely unnecessary, as it made a partial appropriation that would be fully embraced in the general naval appropriations.

Mr. S. SMITH moved an amendment desiring the appropriation of $50,000, by prescribing that $10,000 should be appropriated to each of the yards of Charlestown, New York, Philadelphia, and Norfolk, and $5,000 to Washington, and a like sum to Portsmouth.

of the Convention, and a memorial of the inhabitants of the Indiana Territory of the United States. Mr JONES, from the committee to whom was

Ordered, That the said petition be referred to A debate ensued, in which Messrs. S. SMITH, the committee appointed the eighth instant, on a GRISWOLD, MITCHILL, NEWTON, and MOTT, sup-letter from William Henry Harrison, President ported, and Messrs. RANDOLPH, MACON, SMILIE, and EUSTIS, opposed the bill; when Mr. SMILIE observed that as the only difference of opinion related to the sum, he should move that the Com-referred, on the 28th ultimo, a letter from Damittee should rise; when risen, he should move a postponement of the bill until the general appropriation bill should be taken up.

The question on the rising of the Committee, was carried-yeas 46, nays 33. The Committee rose, when leave was refused them to sit again, and the bill referred to the Committee of Ways and Means.

FRIDAY, February 11.

An engrossed bill for the relief of Moses White was read the time and passed.

vid Humphreys, relative to the disposition of certain presents which he received from the Dey of Algiers and the King of Spain, whilst in the capacities of Minister Resident of the United States, at the Court of Lisbon, and Minister Plenipotentiary at the Court of Madrid, made a report thereon; which was read, and ordered to lie on the

table.

REVOLUTIONARY PENSIONERS.

On motion of Mr. HELMS, the House went into Committee of the Whole, Mr. J. C. SMITH in the Chair, on the following bill:

A Bill to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary

war.

The SPEAKER laid before the House a report from the Secretary of State on the petition of William Wilson, John Potts, and David Easton, referred to him by order of the House on the seventeenth ultimo; which was read, and, together with Be it enacted, &c., by the Senate and House of Repthe said petition and the documents accompany-resentatives of the United States of America in Coning the same, ordered to be committed to the Com-gress assembled, That any commissioned officer, nonmittee of Claims.

commissioned officer, soldier, or seaman, disabled in the The House resolved itself into the Committee of actual service of the United States, by wounds received the Whole on the supplementary report of the during the Revolutionary war, and who did not desert Committee of Commerce and Manufactures, of the said service, shall be entitled to be placed on the the twenty-sixth ultimo, to whom was recommit-pension list of the United States during life: Provided,

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That in substantiating the claims thereto, the rules and regulations following, shall be complied with.

First. All evidence shall be taken on oath or affirma

tion, before the judge of the district in which such invalid resides, or before some person specially authorized by commission from the said judge.

Secondly. The evidence relative to any claimant must prove decisive disability to have been the effect of known wounds received while in the actual line of his duty, in ary war; that this evidence must be the affidavits of the commanding officer or surgeon of the ship, regiment, corps, or company, in which such claimant served, or two other credible witnesses to the same effect, setting forth the time and place of such known wound.

the service of the United States, during the Revolution

hood.

Fourthly. Every claimant must produce evidence of his having continued in the service of the United States, to the conclusion of the war in seventeen hundred and eighty-three, or being left out of the service in consequence of his disability, or in consequence of derangement of the army, and of the mode of life or employment

H. OF R.

Mr. ELMER moved to strike out the sixth rule in the first section.

Mr. GRISWOLD said the effect of this motion being adopted would be to open the door to all claims whatever, though they had been fully examined and rejected. He was therefore against it. Mr. ELMER replied that almost all the claims rejected, had been rejected because sufficient testimony had not been produced before the expiration of the last law, and not from an inability in the applicants to produce satisfactory testimony in case they had been indulged with time. The amendment was lost-yeas 20.

The second section being under consideration, Thirdly. Every claimant shall be examined on oath Mr. EUSTIS observed that it was extremely disor affirmation, by some respectable physician or surgeon, agreeable to object to a bill whose object was so to be authorized by commission from the said judge, who beneficent, but he was persuaded that it was imshall report in writing his opinion, upon oath or affirm- possible for the judges to execute the duties assignation, of the nature of said disability, and in what de-ed them. Against the exercise of like duties they gree it prevents the claimant from obtaining his liveli- had already protested. The number of persons having just claims on the Government was extremely small; and this provision will encourage a great mass of fruitless applications; whereby great expense would be incurred by the applicants without any remuneration. He hoped, therefore, the Secretary of War would be suffered to receive the applications; and be authorized to institute a proper tribunal for the decision of claims; or to make report to Congress. His objection to imposing the duties on the judges was insurmountable. They could not coolly investigate in one court the merits of each particular case. When an applicant appeared before them, whose very ap pearance indicated his wretchedness, there would be too powerful an address to their sensibilities as men to resist his demand; and they would generously and magnanimously allow him, without rigid inquiry, what he claimed.

he has since followed, and of the original existence and continuance of his disability.

Fifthly. Every claimant must show satisfactory cause to the said judge of the district, why he did not apply for a pension, in conformity to laws heretofore passed, before the expiration of the limitation thereof.

Sixthly. No evidence of any claimant shall be admitted whose claim has heretofore been legally examined and rejected.

SEC. 2. And be it further enacted, That the said judge of the district shall give to each claimant a transcript of the evidence and proceedings had respecting his claim; and shall also transmit a list of such claims, ac- Mr. S. SMITH said he liked the bill as it stood, companied by the evidence herein directed, to the Sec- better than he should if it were altered conformaretary of the Department of War, in order that the same bly to the wishes of the gentleman from Massamay be compared with the muster rolls and other doc- chusetts. He was inclined to think military men uments in his office, and if found to accord therewith, would be more liberal than the judges. If he were the applicants are thenceforth to be placed on the pen-in such a situation, he knew he should. And what sion list of the United States: Provided, That in no

case a pension shall commence before the first day of January, eighteen hundred and three, except so far as to offset the commutation of half pay received by such officers, in which case the proper officer is to calculate the pension from the first day of January, seventeen hundred and eighty-four.

SEC. 3. And be it further enacted, That the pensions allowed by this act shall be estimated in the manner following, that is to say: a pension to a commissioned officer shall be considered the one half of his monthly pay, as by law established, and the proportions less than a full pension, shall be the like proportion of half pay. And a full pension to a non-commisioned officer, private, soldier, or seaman, shall be five dollars per month, and the proportion less than a full pension shall be the like proportions of five dollars per month.

SEC. 4. And be it further enacted, That the pensions becoming due in virtue of this act, shall be paid in the same manner as invalid pensions are paid, who have heretofore been placed on the pension list of the United States, under such restrictions and regulations, in all respects, as are prescribed by the laws of the United States, in such cases provided.

7th CoN. 2d SES.-17

was the danger to be apprehended from such a fellow feeling?

The greatest danger was that some unfortunate wretch, who had too much pride to apply for relief until his distresses forced him, should obtain the relief which his country had awarded him for risking his life and his all in defence of his country's freedom. Suppose that one, two, or three, or that even one, two or three hundred, of these unfortunate men should get on the pension list, and that in most of the cases in which relief was furnished Government were deceived? He would give his consent to the provision, if but twenty worthy men of the number. that were now excluded, were brought on the list.

The Committee rose, and reported the bill with amendments.

SATURDAY, February 12.

Ordered, That the bill sent from the Senate, entitled "An act to provide for the due execution

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of the laws of the United States within the State of Ohio," be recommitted to a Committee of the whole House to-day.

The House resolved itself into a Committee of the Whole on the amendment proposed by the Senate to the bill, entitled "An act for the relief of the sufferers by fire, in the town of Portsmouth;" and, after some time spent therein, the Committee rose and reported to the House their agreement to the same.

The House then proceeded to consider the said amendment at the Clerk's table; and the same being twice read, the question was taken, that the House do concur with the Committee of the whole House in their agreement to the said amendment, and resolved in the affirmative.

The House, resolved into a Committee of the Whole on the bill sent from the Senate, entitled "An act to provide for the due execution of the laws of the United States, within the State of Ohio;" and, after some time spent therein, the bill was reported to the House without amend

ment.

The said bill was then read the third time, and passed.

The House resolved itself into a Committee of the Whole on the bill supplementary to the act, entitled "An act providing passports for the ships and vessels of the United States ;" and, after some time spent therein, the bill was reported to the House with amendments, and ordered to be engrossed, and read the third time on Monday next. Mr. DAVIS, from the committee appointed, on the 25th ultimo, "to inquire into the expediency of concentring the several public offices and other public buildings belonging to the United States, in the City of Washington," made a report thereon; which he delivered in at the Clerk's table, where the same was read, in the words following,

to wit:

"That, in their opinion, no alteration ought to be made in the sites of the public offices or other public buildings belonging to the United States, in the City of Washington."

The House proceeded to consider the said report at the Clerk's table; and the same being again read, was, on the question put thereupon, agreed to by the House.

Mr. HUGER, from the committee to whom was referred so much of the President's Message as relates to the fostering the fisheries of the United States, made a report. It concluded with the following resolutions:

1st. Ships and vessels actually employed in the cod and whale fisheries shall not in future be subject to the payment of duty on their tonnage.

2d. Fishermen and other persons actually employed in navigating the said vessels, shall not in future be liable to the payment of hospital money.

3d. The owners of, and persons navigating vessels actually employed in the codfisheries, which may be shipwrecked or otherwise lost, whilst so employed, shall nevertheless receive such bounty, as they would otherwise have been entitled to under the different acts of Congress, heretofore passed on the subject of the fisheries.

FEBRUARY, 1803.

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Resolved, That the said motion be referred to a Committee of the whole House on Wednesday next.

Mr. SOUTHARD, from the committee appointed. on the twenty-ninth of December last," to inquire into the propriety of granting further time to proprietors or holders of military land warrants to obtain and locate the same;" who were instructed by a resolution of this House, of the twenty-sixth ultimo, " to inquire into the expediency of authorizing the proprietors or holders of military land warrants to locate their respective claims on a less quantity than four thousand acres ;" and to whom were referred, on the fourth instant, two reports of the Secretary of War: one on the claims to lands for military services; the other, on claims for duplicates of warrants issued from the land office of Virginia, and plats and certificates of surveys founded on such warrants, suggested to have been lost or destroyed; made a report thereon; which was read and considered: Whereupon,

"Resolved, That further time ought to be given to the holders or proprietors of military land warrants to obtain and locate the same.

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Resolved, That provision ought to be made, by law, to enable persons holding military land warrants, by transfer or assignment, to locate them on a less quantity than four thousand acres.

authorizing the Secretary of War to receive from the "Resolved, That provision ought to be made, by law,

twenty separate claimants for military bounty lands, as mentioned in his report, duplicates or certified copies from the proper offices, of any warrants, plats, or surveys, in lieu of the original, upon satisfactory proof that the same have been lost or destroyed; and upon the receipt of copies, as aforesaid, to issue patents to the said twenty claimants, upon proof that every other requisite of the law has been complied with; and also, to issue warrants to the two hundred and fifty-four persons whose claims, in the opinion of the Secretary, have been substantiated."

Ordered, That a bill or bills be brought in, pursuant to the said resolutions; and that Mr. SOUTHARD, Mr. CLAY, Mr. THATCHER, Mr. STEWART, and Mr. ISRAEL SMITH, do prepare and bring in the same.

Mr. MITCHILL moved the following resolution: "Resolved That a joint committee of both Houses be appointed to inquire into the state of the public buildings in the City of Washington, and to report what repairs are necessary for their preservation, with the probable expense of such repairs.”

Ordered, That the said motion be committed to a Committee of the Whole House, to whom was this day referred a motion relative to a provision for making such alterations in the Capitol

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