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FEBRUARY, 1803.

HISTORY OF CONGRESS.

Discriminating Duties.

as may be necessary for the future accommodation of Congress.

DISCRIMINATING DUTIES.

Mr. SAMUEL SMITH, from the Committee of Commerce and Manufactures, presented a bill to allow a drawback of duty on sugar refined within the United States; which was read twice, and committed to the Committee of the whole House last appointed.

Mr. DANA inquired whether it was intended to take up the report of the Committee of Commerce and Manufactures on the repeal of discriminating and countervailing duties.

Mr. S. SMITH replied that he considered the subject of great importance, and had been extremely anxious to have it discussed and decided upon during the present session. But as the consideration of it had been protracted to so late a period as to render it impracticable to carry into effect the necessary provisions in case the report should be adopted, he was willing to discharge the Committee of the Whole from a further consideration of it.

MONDAY, February 14.

H. of R.

Mr. BRENT, from the committee appointed, presented a bill concerning the assurance of buildings, goods, and furniture, in the county of Alexandria, in the Territory of Columbia; which was read twice and committed to a Committee of the Whole

House to-morrow.

Ordered, That the report of the Commissioners of the Sinking Fund, accompanied with sundry statements exhibiting the proceedings which have of the sixteenth of December, one thousand eight been authorized by the Board, since their report hundred and one, which were read, and ordered to lie on the table, on the seventh instant, be referred to the Committee of Ways and Means.

An engrossed bill supplementary to the act, entitled "An act providing passports for the ships and vessels of the United States," was read the third time and passed.

Mr. THOMPSON, from the committee appointed, presented a bill more effectually to provide for the organization of the militia of the District of Columbia; which was read twice and committed to a Committee of the Whole House on Thursday next.

A Message was received from the President of the United States, transmitting the laws which have been adopted in the Indiana Territory, from January, 1801, to February, 1802, as forwarded to the office of the Secretary of State. The Message was read, and, together with the laws therein referred to, ordered to lie on the table.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act to provide for the granting of clearances to ships or vessels of the United States, lying in the river Mississippi, south of the Southern bounda

duties on imports and tonnage,' and for other puract, entitled 'An act to regulate the collection of desire the concurrence of this House. The Senposes," with several amendments; to which they ate have disagreed to the bill, entitled "An act for the relief of Hugh Alexander, and others."

Mr. MITCHILL observed that he was considerably disappointed at hearing the motion to discharge the Committee. He had hoped that the projected repeal of the discriminating and countervailing duties between the United States and Great Britain, would have been the subject of a public discussion. Much benefit might be expected from a debate in this House, and he therefore had hoped that the merits of the resolution Much contemplated would have been debated. light had been shed on this complicated inquiry already. Ever since the first motion made during the last session by the gentleman from Maryland, (Mr. S. SMITH,) great attention had been given to the subject by almost all classes of people. Merchants and legislators had particularly stud-ry of the United States; and therein to amend an ied its details, and he thought it was much better understood now by all parties than it was a year ago; and, by a further examination in the Committee of the Whole, he hoped much greater advances would still be made. He, however, was inclined to think that public opinion was not yet ripe for an ultimate decision in favor of the repeal. There was no probability of adopting it, even if it should be argued. The discussion would merely end in a postponement, indefinitely, to some future day. There being, then, no chance of carrying it into operation, and the House being much pressed with more urgent business that ought to be acted upon with all despatch, he felt willing to let the project drop in this way. However speculative men might think on the point, the great body of practical men bore strong testimony against it. He, therefore, on considering the circumstances, should favor the motion, though it met him unexpectedly, and vote for discharging the Committee of the Whole from all further consideration of the meditated repeal of the discriminating and countervailing duties.

The discharge of the Committee of the Whole was carried without a division. And the House adjourned.

Mr. SAMUEL SMITH, from the Committee of Commerce and Manufactures, presented a bill in addition to the act, entitled "An act concerning the registering and recording of ships and vessels of the United States," and to the bill, entitled "An act to regulate the collection of imports and tonnage; which was read twice, and committed to a Committee of the whole House on Wednesday next.

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act to provide for granting of clearances to ships or vessels of the United States, lying in the river Mississippi, south of the Southern boundary of the United States; and therein to amend an act, entitled 'An act to regulate the collection of duties on imports and tonnage,' and for other purposes:" Whereupon,

Resolved, That this House doth agree to said amendments.

H. OF R.

Revolutionary Pensioners-Aliens in Pennsylvania.

REVOLUTIONARY PENSIONERS. The House resolved itself into a Committee of the Whole on the 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 Committee rose and reported the bill, after adopting several amendments, which were taken up in the House.

Mr. VAN RENSSELAER moved an amendment, which should make provision for those who had been disabled in the service, since the Revolution, in the Indian war; he had observed, in his examations at the War Office, that several of Wayne's army, would have been entitled to a place on the pension list, had they applied in season.

The amendment was lost.

The SPEAKER said, if no further amendments were offered, the question would then recur upon the engrossment of the bill for a third reading.

FEBRUARY, 1803.

was about to be passed, giving further time to the holders of military land warrants to locate the same. If they were not barred by an act of limitation, why should the disabled pensioner be limited? They had been told that every pauper of the United States, who was then a parochial charge, would be thrown upon the Government of the Union. And he would ask why not? Where was there a stronger obligation on the Government, than to relieve the men who had fought our battles during the Revolutionary war? The bill in question was a law to enforce a moral obligation on the Government. There were many persons who would not, or had not applied under the former law, who would apply now. He said he should vote for the bill.

that every man in that State (Connecticut) was on the pension list who ought to be placed there; while Maryland had but five on the list, although she furnished as many soldiers as Connecticut. He would not say, however, that those of the latter were improperly recorded. If the gentleman (Mr. G.) would cast his eye over the records, he would be convinced that something ought to be done. Suppose the Government should pay two or three thousand dollars a year to fraudulent applicants, it would be better than to deprive even twenty of a claim to which their services justly entitled them.

Mr. S. SMITH said that in many of the States, particularly the one to which the gentleman (Mr. GRISWOLD) belonged, the situations of these people were known. The State being divided Mr. GRISWOLD was opposed to the bill, and into small towns, the inhabitants were known to should vote against the engrossment. It would each other, and those who were entitled to penopen too wide a door. It opened a door for every sions were advised as to the proper mode of obone who had received the least wound in the Re-taining them. He believed it would be found volutionary war to enter a claim; the whole community would be called upon to prove facts and circumstances; and in every case where a wound had been, or was declared to have been received, if the situation of the person was disagreeable, if he was not wealthy, his neighbors would feel for him, and would recommend him to the Government, in order to be freed from the trouble of providing for him themselves. Under these circumstances the Government would be frequently subjected to fraud. What had the Government done? Everything which was reasonable and proper for them to do. Commissioners had been appointed in every part of the United States. And the pe- Mr. VARNUM agreed with the gentleman from riod for receiving claims, and hearing evidence, Connecticut, (Mr. GRISWOLD.) He was willing had been extended from one time to another. to make provision which should include all who Was it not to be supposed, that those who had had the same claim on public justice. When peoneglected to produce their claims, were not enti-ple talked of moral obligation, he wished to know tled to the relief which the bill provided? There were undoubtedly some individuals, who, from pride, or some other cause, had not made their situation public; but was it reasonable and proper, for this cause, to open a door at which the poor of every State, county, town, and parish, in the Union might enter? It would induce exertion on the part of those corporations, to bring them forward, in order to relieve themselves from the expense of supporting them. There might be a few cases, as gentlemen had stated, to which the General Government should extend their relief. But however powerful benevolence might plead in their favor, justice did not demand this excess of generosity.

Mr. RANDOLPH could not see why a longer time should not be given to those who had claims on the bounty of the Government, as well as for the extension of the time for locating land warrants. He could not conceive that there was a distinction between the man who was entitled to compensation for services, and the man who held a land warrant, which had been issued as a compensation for similar services. A law, he said,

why they would exclude so large a portion of those who were equally entitled to relief; all those who were engaged in the commencement of the war, and who received wounds that were felt at this day-all those who were enlisted in the first year of the war; he knew fifty instances of those who had received wounds at that time. If that was moral justice, he had not before known what it was. He would go all lengths, and give equal justice, but to that partial mode of proceeding he would never give his assent.

The question for engrossment was taken and carried in the affirmative—yeas 51.

ALIENS IN PENNSYLVANIA. Mr. LEIB presented sundry memorials from aliens of Pennsylvania, praying a modification of the naturalization act.

The Clerk began the reading of the memorials, when

Mr. SMILIE doubted the necessity of reading the memorials; which he believed were the same, verbatim, with those already presented, and which the House had refused to refer.

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Mr. LEIB replied that the exceptionable expressions contained in those memorials were not in these.

The reading of the memorials was finished. Mr. GODDARD thought, as these memorials were of a similar nature with those presented the last session, on which the House had acted, it would be unnecessary to take any order on them.

The prayer of the memorials and their contents were very different from those offered the last session. He trusted, therefore, they would be treated in the same manner with other petitions, and be

Mr. LEIB said this was not the case.

referred.

Mr. BACON hoped they would be referred, especially as the reference of these petitions, which were respectfully drawn, would be the strongest indication of the displeasure of the House as to the other petitions, couched in different terms. Mr. GODDARD withdrew his opposition, when

the reference obtained.

MILITIA SYSTEM.

Mr. VARNUM called up the report of a select committee, to whom was referred so much of the Message of the President as relates to the militia. The report of the committee was agreed to, with sundry amendments; when the Committee rose, and the House took up the report of the committee.

The House concurred in the resolution, which, in connexion with the report of the select committee, is as follows:

"That, after a full investigation of the subject, they are of opinion, that a law which passed the eighth day of May, 1792, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," embraces all the objects of a militia institution, delegated to Congress; the principles of that law lay the found ation of a militia system, on the broad basis prescribed by the Constitution, and are well calculated to insure a complete national defence, if carried into effect by the State governments, agreeably to the power reserved to the States, respectively, by the Constitution, and therefore ought not to be altered. But, although the committee are of opinion that the principles of the system established on the part of the United States ought to be adhered to, yet they believe that some small alterations in the details of these principles would render that system still more efficacious, and have reported a bill for that purpose.

"In those States which have taken energetic measures for carrying into effect the system adopted by Congress, agreeably to the power constitutionally vested in them, the militia are making great proficiency in military discipline, and in the knowledge of tactics, which shows that the deficiency in organization, arming, and discipline of the militia, which is too apparent in some of the States, does not arise from any defect in that part of the system which is under the control of Congress; but from omission on the part of the State

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H. OF R.

nent national defence, they submit the following resolution:

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Resolved, That the President of the United States be requested to write to the Executive of each State, urging the importance and indispensable necessity of vigorous exertions, on the part of the State governments, to carry into effect the militia system adopted by the National Legislature, agreeably to the powers reserved to the States, respectively, by the Constitution of the United States, and in a manner the best calculated to insure such a degree of military discipline and knowledge of tactics, as will, under the auspices of a benign Providence, render the militia a sure and per

manent bulwark of national defence."

Messrs. VARNUM and BUTLER were appointed a committee to wait on the President with the res

olution.

Several amendments made in the bill above alluded to were agreed to, and others made; when the bill was ordered to be engrossed for a third reading to-morrow.

TUESDAY, February 15.

An engrossed 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, was read the third time, and passed.

An engrossed bill in addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," was read the third time and passed.

Mr. HELMS, from the committee appointed, on the twelfth of January last, "to inquire whether any and what provision ought to be made, by law, for allowing pensions to persons who do, at this time, labor under disabilities in consequence of known wounds received in the actual service of the United States, and who have not heretofore been provided for." who were instructed by a resolution of this House, of the fourteenth of the same month, "to inquire into the expediency of extending the time for settlement of claims for services rendered, and supplies furnished, during the Revolutionary war," made a report thereon; which was read, and ordered to be referred to a Committee of the whole House to-morrow.

Mr. RANDOLPH, from the Committee of Ways and Means, presented a bill making an appropriation for the support of the Navy of the United States for the year one thousand eight hundred and three; which was read twice, and committed to a Committee of the whole House on Friday next.

Mr. DAWSON, from the committee appointed, presented a bill for continuing in force a law, entitled "An act for establishing trading-houses with the Indian tribes; which was read twice, and committed to a Committee of the whole House on Thurday next.

Mr.S. SMITH, from the Committee of Commerce and Manufactures, to whom was referred, on the tenth ultimo, a petition of Hezekiah Prince, and others, owners and masters of vessels within the

H. OF R.

Claims of Georgia.

United States, reported a bill for erecting a lighthouse at the entrance of Penobscot bay, or any other place, in its vicinity, that may be deemed preferable by the Secretary of the Treasury; which was read twice, and committed to a Committee of the Whole House on Thursday next.

FEBRUARY, 1803.

The question was taken and carried in the affirmative. Yeas 59. The Committee rose, reported progress, and obtained leave to sit again.

WEDNESDAY, February 16.

The House resolved itself into a Committee of the whole House on the report of the Committee A memorial and petition of Joshua Harvey, and of Claims, of the twenty-seventh ultimo, to whom others, citizens of Baltimore, in the State of Marywas referred a petition of the Mayor and Commo- land, was presented to the House and read, stating nalty of the town of Alexandria, in the District that they have been declared bankrupts, in conforof Columbia; and, after some time spent therein, mity with the provisions contained in the law the Committee rose and reported to the House passed on the subject of bankruptcy: that, previtheir agreement to the resolutions contained there-vious to the passage of the said law, the memorialin; which were severally twice read, and agreed ists had become bound to the United States, in to by the House, as follow: bonds, partly as principals, and partly as securities, for certain sums to their names severally annexed, which bonds were given to secure the payment of duties on goods imported into the port of Baltimore, and are still unpaid; and praying that an act may be passed to discharge from all debts due to the United States, such persons as have obtained, or may obtain certificates of discharge under the aforesaid act on the subject of bankruptcy; or that such other relief may be afforded to the memorialists, in the premises, as to the wisdom of Congress shall seem meet.

Resolved, That provision ought to be made, by law, for the regulation of quarantine within the District of

Columbia.

Resolved, That so much of the memorial of the Mayor and Commonalty of the town of Alexandria, as prays for a reimbursement of money by them expended in executing the quarantine law of Virginia, is unreasonable, and ought not to be granted.

Ordered, That a bill or bills be brought in, pursuant to the first resolution; and that Mr. MITCHILL, Mr. EUSTIS, and Mr. ELMER, do prepare and bring in the same.

CLAIMS OF GEORGIA

On motion of Mr. EARLY, the House resolved itselfinto a Committee of the Whole on the report of the Secretary of War, respecting claims against the United States for services of the militia of the State of Georgia.

Mr. EARLY, with great clearness and precision, gave a statement of facts and circumstances relating to this transaction, and adduced many strong arguments in favor of the claim. [See post, p. 535.]

He was followed by Mr. RANDOLPH, in opposition; upon the principle that the debt had been cancelled by the late negotiation between the joint commissioners of the State of Georgia, and the commissioners of the United States.

Mr. GREGG was not seriously inclined to oppose the claim, though he was not prepared to give a final vote. He wished the Committee to rise. Mr. MACON wished the Committee to rise. Mr. RANDOLPH opposed their rising. Mr. NICHOLSON made a few remarks on the question, whether this claim was included in the contract between the Commissioners of the State of Georgia and the United States. He wished for some information on that point.

Mr. S. SMITH was opposed to the Committee's rising; and was in favor of the claim.

Mr. MATTOON was opposed altogether to the claim.

Mr. MERIWETHER spoke in favor.

Mr. BAYARD moved for the Committee to rise. He stated his desire to be informed, and said that more intelligence was acquired the further the subject was investigated

Mr. S. SMITH again opposed the rising of the Committee.

Ordered, That the said memorial and petition be referred to Messrs. BAYARD, NICHOLSON, and BRENT; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

Mr. S. SMITH, from the Committee of Commerce and Manufactures, to whom was referred, on the eleventh instant, the petition of the inhabitants of the island and town of Nantucket, in the State of Massachusetts, made a report thereon; which was read and considered: Whereupon,

Resolved, That the Secretary of the Treasury be authorized to employ proper and intelligent persons to take a survey of the harbor in the island of Nantucket, and the bar and shoals near the same, as far as may be requisite, and to report their opinion as to the measures necessary to secure a sufficient channel for loaded ships destined for that port, with an estimate of the probable expenses.

Mr. I. SMITH, from the committee appointed, presented a bill to establish a building and fire insurance company in the City of Washington; which was read twice, and committed to a Committee of the whole House on Friday next.

Mr. SOUTHARD, from the committee appointed, presented a bill to revive, and continue in force, an act, in addition to an act, entitled "An act in addition to 'An act regulating the grants of lands appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen;" which was read twice, and committed to a Committee of the whole House to-morrow.

The SPEAKER laid before the House a report of the Commissioners appointed in pursuance of the act entitled, “An act for the amicable settlement of limits with the State of Georgia, and authorizing the establishment of a government for the

FEBRUARY, 1803.

Judicial System.

H. OF R.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the circuit court of the second circuit shall consist of the justice of the Supreme Court residing within the third circuit, and the district judge of the district where such court shall be holden.

Mississippi Territory," on the claims made by set-act to amend the Judicial System of the United tlers, and other persons, to lands within the Terri- States." The bill is as follows: tory situate west of the river Chatahoochee, and south of the cession made to the United States by South Carolina, in obedience to the provisions of the act supplemental to the said recited act; which was read, and ordered to be referred to Messrs. NICHOLSON, TENNEY, GREGG, VAN RENSSELAER, and ROBERT WILLIAMS; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

Means have leave to bring in a bill or bills, makOrdered, That the Committee of Ways and ing appropriations for the support of Government for the year one thousand eight hundred and three. Mr. RANDOLPH, from the Committee of Ways and Means, reported a bill with the title and to the effect recited in. and prescribed by, the foregoing order of the House; which was read twice and committed to a Committee of the whole House on Saturday next.

The House, according to the order of the day, resolved itself into a Committee of the Whole on the bill for the relief of Samuel Corp, which was reported to the House, without amendment, and ordered to be engrossed, and read the third time

to-morrow.

The House resolved itself into a Committee of the Whole on the bill in addition to the act, entitled "An act concerning the registering and recording of ships and vessels of the United States;" and to the act, entitled "An act to regulate the collection of duties on imports and tonnage ;" and, after some time spent therein, the Committee rose and reported two amendments thereto; which were, severally, twice read, and agreed to by the House.

Ordered, That the said bill, with the amendments, be engrossed, and read the third time to

morrow.

The House resolved itself into a Committee of the Whole, on the bill to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited.

Mr. HASTINGS moved to amend the bill so as to prohibit the importation only of French negroes and persons of color.

This motion was opposed by Messrs. HILL and BACON, and lost, without a division.

Mr. S. SMITH moved to except from the operations of the bill, seamen, natives of countries beyond the Cape of Good Hope.

The motion was supported by Mr. HILL, and opposed by Messrs. NEWTON, LOWNDES, and MOTT, and lost.

Mr. HASTINGS moved to strike out the sum of one thousand dollars, the penalty annexed to the importation of each person, and to insert ten dollars. Lost, without a division.

The bill, after undergoing some slight amendments, was reported to the House, and ordered to be engrossed for a third reading.

JUDICIAL SYSTEM.

The House went into a Committee of the Whole, on the bill to amend an act, entitled "An

In the third circuit, the said circuit court shall consist of the justice of the Supreme Court residing within the fourth circuit, and the district judge of the district sist of the senior associate justice of the Supreme Court where such court shall be holden. residing within the fifth circuit, and the district judge

In the fourth circuit, the said circuit court shall con

of the district where such court shall be holden.

associate justice, resident in the fifth circuit, shall atSEC. 2. And be it further enacted, That the senior tend at the City of Washington, on the first Monday of August, in each and every year, who shall possess the same powers, and is required to perform the same duties as are prescribed in the second section of the act, entitled "An act to amend the Judicial System of the United States."

Mr. ELMER moved to strike out the first section. He thought greater inconveniences would arise from the change proposed in this bill than from the present arrangements.

Mr. BAYARD said the principal object of the bill was to accommodate Judge Washington, by altering the allotment of the judges of the Supreme Court, which would be effected without disaccommodating the other judges, and with their entire approbation.

Mr. LEIB said he had seconded the motion to strike out the first section, and he hoped it would prevail. He was not of opinion that the convenience of the judges should alone be consulted. The public convenience should also be regarded. He hoped the present distribution of the judges would continue; because one of the judges (Judge Chase) was so precious in the estimation of Maryland, where he now acted, he was in favor of continuing him there, in preference to translating him to Pennsylvania, where he might not perhaps be held in so precious a point of view.

Mr. SMILIE was in favor of striking out the first section. The convenience of the judges ought to be attended to; but if, by the arrangement of this bill, a greater inconvenience will attach to the people, the judges ought to endure their present inconvenience rather than expose the nation to one that would be greater. He considered the convenience of the people the more important. It would not give satisfaction to the people of the State he represented (Pennsylvania) to make this alteration. They were satisfied with their present judge, (Mr. Paterson.) They would not be satisfied with the judge proposed to be given them. He hoped, therefore, the House would not impose upon them what they would deem an evil.

Mr. MOTT was for striking out the first section to kill the bill altogether. He did not think the accommodation of one judge was a sufficient ground for the bill. The State he represented (New Jersey) would be displeased with the change

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