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FEBRUARY, 1803.

Discriminating Duties.

H. OF R.

as may be necessary for the future accommodation

Monday, February 14. of Congress.

Mr. Brent, from the committee appointed, preDISCRIMINATING DUTIES.

sented a bill concerning the assurance of buildings, Commerce and Manufactures, presented a bill to twice and committed to a Committee of the whole Mr. Samuel Smith, froin the Committee of goods, and furniture in the county of Alexandria

in the Territory of Columbia; which was read allow a drawback of duty on sugar refined within

House to-morrow. the United States; which was read twice, and committed to the Committee of the whole House

Ordered, That the report of the Commissioners last appointed.

of the Sinking Fund, accompanied with sundry Mr. Dana inquired whether it was intended to statements exhibiting the proceedings which have take

up the report of the Committee of Commerce been authorized by the Board, since their report and Manufactures on the repeal of discriminating of the sixteenth of December, one thousand eight and countervailing duties.

hundred and one, which were read, and ordered to Mr. S. Smith replied that he considered the lie on the table, on the seventh instant, be referred subject of great importance, and had been ex- to the Committee of Ways and Means. tremely anxious to have it discussed and decided An engrossed bill supplementary to the act, enupon during the present session. But as the con- titled “ An act providing passports for the ships sideration of it had been protracted to so late a and vessels of the United States,” was read the period as to render it impracticable to carry into third time and passed. effect the necessary provisions in case the report Mr. Thompson, from the committee appointed, should be adopted, he was willing to discharge presented a bill more effectually to provide for the the Committee of the Whole from a further con- organization of the militia of the District of Cosideration of it.

lumbia; which was read twice and committed to Mr. Mirchill observed that he was considera- a Committee of the Whole House on Thursday bly disappointed at hearing the motion to dis- next. charge the Committee. He had hoped that the

A Message was received from the President of projected repeal of the discriminating and coun the United States, transmitting the laws which tervailing duties between the United States and have been adopted in the Indiana Territory, from Great Britain, would have been the subject of a January, 1801, to February, 1802, as forwarded to public discussion. Much benefit might be ex

the office of the Secretary of State. The Message pected from a debate in this House, and he therefore had hoped that the merits of the resolution ferred to, ordered to lie on the table.

was read, and, together with the laws therein recontemplated would have been debated. Much light had been shed on this complicated inquiry that the Senate have passed the bill, entitled “An

A message from the Senate informed the House already. Ever since the first motion made during the last session by the gentleman from Maryland, act to provide for the granting of clearances to (Mr. S. Smita,) great attention had been given ships or vessels of the United States, lying in the to the subject by almost all classes of people.

river Mississippi, south of the Southern boundaMerchants 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 act, entitled 'An act to regulate the collection of understood now by all parties than it was a year

duties on imports and tonnage,' and for other purago; and, by a further examination in the Com- poses," with several amendments; to which they mittee of the Whole. he hoped much greater ate have disagreed to the bill

, entitled "An act for

desire the concurrence of this House. The Senadvances would still be made. He, however, was inclined to think that public opinion was not yet

the relief of Hugh Alexander, and others.” ripe for an ultimate decision in favor of the repeal.

Mr. Samuel SMITH, from the Committee of There was no probability of adopting it, even if Commerce and Manufactures, presented a bill in it should be argued. The discussion would mere- addition to the act, entitled "An act concerning the ly end in a postponement, indefinitely, to some registering and recording of ships and vessels of future day. There being, then, no chance of car- the United States," and to the bill, entitled "An rying it into operation, and the House being much act to regulate the collection of imports and tonpressed with more urgent business that ought to nage; which was read twice, and committed to be acted upon with all despatch, he felt willing a Committee of the whole House on Wednesday to let the project drop in this way. However

next. speculative men might think on the point, the The House proceeded to consider the amendgreat body of practical men bore strong testimony ments proposed by the Senate to the bill, entitled against it. He, therefore, on considering the cir- "An act to provide for granting of clearances to cumstances, should favor the motion, though it ships or vessels of the United States, lying in the met him unexpectedly, and vote for discharging river Mississippi, south of the Southern boundthe Committee of the Whole from all further con-ary of the United States; and therein to amend sideration of the meditated repeal of the discrimi- an act, entitled 'An act to regulate the collection nating and countervailing duties.

of duties on imports and tonnage,' and for other The discharge of the Committee of the Whole purposes :" Whereupon, was carried without a division.

Resolved, That this House doth agree to said And the House adjourned.

amendments.

H. OF R.

Revolutionary PensionersAliens in Pennsylvania. FEBRUARY, 1803. REVOLUTIONARY PENSIONERS. was about to be passed, giving further time to the The House resolved itself into a Committee of holders of military land warrants to locate the the Whole on the bill. to make provision for same. If they were not barred by an act of limitapersons that have been disabled by known wounds lion, why should the disabled pensioner belimited? received in the actual service of the United States, They had been told that every pauper of the Uniduring the Revolutionary war.

ted States, who was then a parochial charge, would The Committee rose and reported the bill, after be thrown upon the Government of the Union. adopting several amendments, which were taken And he would ask why not? Where was there up in the House.

a stronger obligation on the Government, than to Mr. Van Rensselaer moved an amendment, relieve the men who had fought our battles durwhich should make provision for those who had ing the Revolutionary war ? The bill in quesbeen disabled in the service, since the Revolution, lion was a law to enforce a moral obligation on in the Indian war; he had observed, in his exam- the Government. There were many persons who ations at the War Office, that several of Wayne's would not, or had not applied under the former army, would have been entitled to a place on the law. who would apply now. He said he should pension list, had they applied in season.

vote for the bill. The amendment was lost.

Mr. S. Smith said that in many of the States, The SPEAKER said, if no further amendments particularly the one to which the gentleman were offered, the question would then recur upon (Mr. Griswold) belonged, the situations of these the engrossment of the bill for a third reading. 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 100 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 com- that every man in that State (Connecticut) was munity would be called upon to prove facts and on the pension list who ought to be placed there; circumstances; and in every case where a wound while Maryland had but five on the list, although had been, or was declared to have been received, she furnished as many soldiers as Connecticut. if the situation of the person was disagreeable, if He would not say, however, that those of the lathe was not wealthy, his neighbors would feel for ter were improperly recorded. If the gentleman him, and would recommend him to the Govern- (Mr. G.) would cast his eye over the records, he ment, in order to be freed from the trouble of pro- would be convinced that something ought to be viding for him themselves. Under these circum- done. Suppose the Government should pay two stances the Government would be frequently sub- or three thousand dollars a year to fraudulent apjected to fraud. What had the Government done? plicants, it would be better than to deprive even Everything which was reasonable and proper for i wenty of a claim to which their services justly them to do. Commissioners had been appointed entitled them. 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 why they would exclude so large a portion of were undoubtedly some individuals, who, from those who were equally entitled to relief; all those pride, or some other cause, had not made their sit. who were engaged in the commencement of the uation public; but was it reasonable and proper, war, and who received wounds that were felt at for this cause, to open a door at which the poor this day-all those who were enlisted in the of every State, county, town, and parish, in the first year of the war; he knew fifty instances of Union might enter?' It would induce exertion those who had received wounds at that time. If on the part of those corporations, to bring them that was moral justice, he had not before known forward, in order to relieve themselves from the what it was. He would go all lengths, and give expense of supporting them. There might be a equal justice, but to that partial mode of proceedfew cases, as genilemen had stated, to which the ing he would never give his assent. General Government should extend their relief. The question for engrossment was taken and But however powerful benevolence might plead carried in the affirmative-yeas 51. in their favor, justice did not demand this excess of generosity.

ALIENS IN PENNSYLVANIA. Mr. Randolph could not see why a longer time Mr. Leis presented sundry memorials from should not be given to those who had claims on aliens of Pennsylvania, praying a modification of the bounty of ihe Government, as well as for the the naturalization act. extension of the time for locating land warrants. The Clerk began the reading of the memorials, He could not conceive that there was a distinc. when tion between the man who was entitled to com- Mr. Smilie doubted the necessity of reading the pensation for services, and the man who held memorials; which he believed were the same, a land warrant, which had been issued as a com- verbatim, with those already presented, and which pensation for similar services. A law, he said, I the House had refused to refer.

FEBRUARY, 1803.

Militia System.

H. OF R.

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Mr. Leib replied that the exceptionable expres-nent national defence, they submit the following resosions contained in those memorials were not in lution: these.

Resolved, That the President of the United States The reading of the memorials was finished. be requested to write to the Executive of each State,

Mr. Goddard thought, as these memorials were urging the importance and indispensable necessity of of a similar nature with ose presented the last vigorous exertions, on the part of the State governsession, on which the House had acted, it would ments, to carry into effect the militia system adopted be unnecessary to take any order on them.

by the National Legislature, agreeably to the powers Mr. Leib said this was not the case.

The reserved to the States, respectively, by the Constitution prayer of the memorials and their contents were lated to insure such a degree of military discipline and

of the United States, and in a manner the best calcuvery different from those offered the last session. He trusted, therefore, they would be treated in knowledge of tactics, as will, under the auspices of a the same manner with other petitions, and be benign. Providence, render the militia a sure and per

manent bulwark of national defence.” referred. Mr. Bacon hoped they would be referred, espe

Messrs. VARNUM and Butler were appointed a cially as the reference of these petitions, which committee to wait on the President with the res

olution. were respectfully drawn, would be the strongest indication of the displeasure of the House as to

Several amendments made in the bill above the other petitions, couched in different terms.

alluded to were agreed to, and others made; when Mr. Goddard withdrew his opposition, when the bill was ordered to be engrossed for a third the reference obtained.

reading to-morrow. MILITIA SYSTEM. Mr. VARNUM called up the report of a select

TUESDAY, February 15. committee, to whom was referred so much of the An engrossed bill to make provision for persons Message of the President as relates to the militia. that have been disabled by known wounds, receiv

The report of the committee was agreed to, ed in the actual service of the United States, du. with sundry amendments; when the Committee ring the Revolutionary War, was read the third rose, and the House look up the report of the time, and passed. committee.

An engrossed bill in addition to an act, entitled The House concurred in the resolution, which, " An act more effectually to provide for the pain connexion with the report of the select com- tional desence, by establishing an uniform militia mittee, is as follows:

throughout the United States," was read the third “ That, after a full investigation of the subject, they | time and passed. are of opinion, that a law which passed the eighth day Mr. Helms, from the committee appointed, on of May, 1792, entitled "An act more effectually to the twelfth of January last, " to inquire whether provide for the national defence, by establishing an

any and what provision ought to be made, by law, uniform militia throughout the United States,” em; for allowing pensions to persons who do, at this braces all the objects of a militia institution, delegated time, labor under disabilities in consequence of to Congress; the principles of that law lay the found, known wounds received in the actual service of the ation of a militia system, on the broad basis prescribed United States, and who have not heretofore been by the Constitution, and are well calculated to insure a complete national defence, if carried into effect by provided for." who were instructed by a resoluthe State governments, agreeably to the power reserved tion of this House, of the fourteenth of the same to the States, respectively, by the Constitution, and month, to inquire into the expediency of extendtherefore ought not to be altered. But, although the ing the time for settlement of claims for services committee are of opinion that the principles of the rendered, and supplies furnished, during the Revsystem established on the part of the United States olutionary war," made a report thereon ; which ought to be adhered to, yet they believe that some was read, and ordered to be referred to a Comsmall alterations in the details of these principles mittee of the whole House to-morrow. would render that system still more efficacious, and Mr. Randolph, from the Committee of Ways have reported a bill for that purpose.

and Means, presented a bill making an appropria“In those States which have taken energetic meas- tion for the support of the Navy of the United ures for carrying into effect the system adopted by Con- States for the year one thousand eight hundred gress, agreeably to the power constitutionally vested in and three; which was read twice, and committhem, the militia are making great proficiency in mili- ted to a Committee of the whole House on Fritary discipline, and in the knowledge of tactics, which

day next. shows that the deficiency in organization, arming, Mr. Dawson, from the committee appointed, and discipline of the militia, which is too apparent in presented a bill for continuing in force a law, ensome of the States, does not arise from any defect in titled " An act for establishing trading-houses that part of the system which is under the control of Congress; but from omission on the part of the State with the Indian tribes; which was read twice, governments.

and committed to a Committee of the whole " In order, therefore, to impress the State Govern- House on Thurday next. ments with the importance of the subject, and the in

Mr. S. Smith, from the Committee of Commerce dispensable necessity of their vigorous co-operation and Manufactures, to whom was referred, on the with the General Government, to complete the militia tenth ultimo, a petition of Hezekiah Prince, and institution, so as to insure, from that sourče, a perma-1 others, owners

and masters of vessels within the

H. of R.

Claims of Georgia.

FEBRUARY, 1803.

United States, reported a bill for erecting a light- The question was taken and carried in the affirhouse at the entrance of Penobscot bay, or any mative. Yeas 59. other place, in its vicinity, that may be deemed The Committee rose, reported progress, and obpreferable by the Secretary of the Treasury; which tained leave to sit again. was read twice, and committed to a Committee of the Whole House on Thursday next. The House resolved itself into a Committee of

Wednesday, February 16. 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 iherein, mity wiih the provisions contained in the law the Commiliee 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, parıly as principals, and partly as securities, Resolved, That provision ought to be made, by law, for certain sums to their names severally annexed, for the regulation of quarantine within the District of which bonds were given to secure the payment Columbia.

of duties on goods imported into the port of BaltiResolved, That so much of the memorial of the Mayor more, and are still unpaid; and praying that an and Commonalty of the town of Alexandria, as prays act may be passed to discharge from all debis due for a reimbursement of money by them expended in exe

to the United States, such persons as hare obcuting the quarantine law of Virginia, is unreasonable, tained, or may obtain certificates of discharge unand ought not to be granted.

der the aforesaid act on the subject of bankruptcy; Ordered, That a bill or bills be brought in, pur- or that such other relief may be afforded to the suant to the first resolution; and that Àr. Mirch- memorialists, in the premises, as to the wisdom of ILL, Mr. Eustis, and Mr. Elmer, do prepare and Congress shall seem meet. bring in the same.

Ordered, That the said memorial and petition

be referred to Messrs. BAYARD. Nicholson, and CLAIMS OF GEORGIA

Brent; that they do examine the matter thereof, On motion of Mr. Early, the House resolved it and report the same, with their opinion thereupon, self into a Committee of the Whole on the report of to the House. the Secretary of War, respecting claims against Mr. S. Smith, from the Committee of Comthe United States for services of the militia of merce and Manufactures, to whom was referred, the State of Georgia.

on the eleventh instant, the petition of the inbabMr. Early, with great clearness and precision, ilants of the island and town of Nantucket, in the gave a statement of facts and circumstances rela- State of Massachusetts, made a report thereon; ting to this transaction, and adduced many strong which was read and considered: Whereupon, arguments in favor of the claim. [See post, p. Resolved, That the Secretary of the Treasury 535.)

be authorized to employ proper and intelligent He was followed by Mr. RANDOLPH, in opposi- persons to take a survey of the harbor in the island tion; upon the principle that the debt' had been of Nantucket, and the bar and shoals near the cancelled by the late negotiation between the joint same, as far as may be requisite, and to report commissioners of the State of Georgia, and the their opinion as to the measures necessary to secommissioners of the United States.

cure a sufficient channel for loaded ships destined Mr. Gregg was not seriously inclined to oppose for that port, with an estimate of the probable the claim, though he was not prepared to give a expenses. fipal vote. He wished the Committee to rise. Mr. I. Smith, from the committee appointed,

Mr. Macon wished the Comunittee to rise. presented a bill to establish a building and fire inMr. RANDOLPH opposed their rising.

surance company in the City of Washington ; Mr. Nicholson made a sew remarks on the ques- which was read iwice, and committed to a Comtion, whether this claim was included in the con- mittee of the whole House on Friday next. tract between the Commissioners of the State of Mr. Southard, from the committee appointed, Georgia and the United States. He wished for presented a bill to revive, and continue in force, some information on ihat point.

an act, in addition to an act, entitled "An act in Mr. S. Smith was opposed to the Committee's addition to 'An act regulating the grants of lands rising; and was in favor of the claim.

appropriated for military services, and for the SoMr. Matroon was opposed altogether to the cieiy of the United Brethren for propagating the claim.

Gospel among the Heathen;'

;'" which was read Mr. MERIWETHER spoke in favor.

twice, and committed to a Committee of the Mr. BAYARD moved for the Committee to rise. whole House to-morrow. He stated his desire to be informed, and said that The Speaker laid before the House a report of more intelligence was acquired the further the sub- the Commissioners appointed in pursuance of the ject was investigated

act entitled, “An act for the amicable settlement Mr. S. Smith again opposed the rising of the of limits with the State of Georgia, and authorCommittee.

izing the establishment of a government for the

FEBRUARY, 1803.

Judicial System.

H. of R.

Mississippi Territory," on the claims made by set- act to amend the Judicial System of the United tlers, and other persons, 10 lands within the Terri- States." The bill is as follows: tory situate west of the river Chata hoochee, and

Sec. 1. Be it enacted by the Senate and House of south of the cession made to the United States Representatives of the United States of America, in by South Carolina, in obedience to the provisions Congress assembled, That the circuit court of the second of the act supplemental to the said recited act; circuit shall consist of the justice of the Supreme Court which was read, and ordered to be referred to residing within the third circuit, and the district judge Messrs. Nicholson, Tenney, Gregg, Van Rens of the district where such court shall be holden. SELAER, and Robert WILLIAMS; that they do In the third circuit, the said circuit court shall conexamine the matter thereof, and report the same, sist of the justice of the Supreme Court residing within with their opinion thereupon, to the House.

the fourth circuit, and the district judge of the district Means have leave to bring in a bill or bills, mak: sist of the senior associate justice of the Supreme Court Ordered, That the Committee of Ways and where such court shall be holden.

In the fourth circuit, the said circuit court shall coning appropriations for the support of Government for the year one thousand eighi hundred and three. residing within the fifth circuit, and the district judge

of the district where such court shall be holden. Mr. RANDOLPH, from the Committee of Ways and Means, reported a bill with the title and to associate justice, resident in the fifth circuit, shall at

Sec. 2. And be it further enacted, That the senior the effect recited in. and prescribed by, the fore- tend at the City of Washington, on the first Monday going order of the House; which was read twice of August, in each and every year, who shall possess and committed to a Committee of the whole the same powers, and is required to perform the same House on Saturday next.

duties as are prescribed in the second section of the The House, according to the order of the day, act, entitled "An act to amend the Judicial System of resolved itself into a Committee of the Whole on the United States." the bill for the relief of Samuel Corp, which was Mr. Elmer moved to strike out the first secreported to the House, without amendment, and tion. He thought greater inconveniences would ordered to be engrossed, and read the third time arise from the change proposed in this bill than to-morrow.

from the present arrangements. The House resolved itself into a Committee of Mr. Bayard said the principal object of the bill the Whole on the bill in addition to the act, en- was to accommodate Judge Washington, by altertitled "An act concerning the revistering and re-ing the allotment of the judges of the Supreme cording of ships and vessels of the United States;" Court, which would be effected without disacand to the aci, entitled “An act to regulate the commodating the other judges, and with their collection of duties on imports and tonnage;" and, entire approbation. after some time spent therein, the Committee rose Mr. Leie said he had seconded the motion to and reported two amendments thereto; which strike out the first section, and he hoped it would were, severally, twice read, and agreed to by the prevail. He was not of opinion that the conveHouse.

nience of the judges should alone be consulted. Ordered, That the said bill, with the amend- The public convenience should also be regarded. ments, be engrossed, and read the third time to- He hoped the present distribution of the judges

would continue; because one of the judges (Judge The House resolved itself into a Committee of Chase) was so precious in the estimation of Marythe Whole, on the bill to prevent the importation land, where he now acted, he was in favor of conof certain persons into certain States, where, by tinuing him there, in preference to translating the laws thereof, their admission is prohibited. him to Pennsylvania, where be might not per

Mr. Hastings moved to amend the bill so as haps be held in so precious a point of view. to prohibit the importation only of French negroes Mr. Smilie was in favor of striking out the and persons of color.

first section. The convenience of the judges This motion was opposed by Messrs. Hill and ought to be attended to; but if, by the arrangeBacon, and lost, without a division.

ment of this bill, a greater inconvenience will atMr. S. Smith moved to except from the opera-tach to the people, the judges ought to endure tions of the bill, seamen, natives of countries be their present inconvenience rather than expose yond the Cape of Good Hope.

the nation to one that would be greater. He conThe motion was supported by Mr. Hill, and sidered the convenience of the people the more opposed by Messrs. Newton, Lowndes, and Mort, important. It would not give satisfaction to the and lost.

people of the State he represented (Pennsylvania) Mr. Hastings moved to strike out the sum of to make this alteration. They were satisfied with one thousand dollars, the penalty annexed to the their present judge, (Mr. Paterson.) They would importation of each person, and to insert ten not be satisfied with the judge proposed to be doliars. Lost, without a division.

given them. He hoped, therefore, the House The bill, after undergoing some slight amend- would not impose upon them whai they would ments, was reported to the House, and ordered 10 deem an evil. be engrossed for a third reading.

Mr. Mort was for striking out the first section

to kill the bill altogether. He did not think the JUDICIAL SYSTEM.

accommodation of one judge was a sufficient The House went into a Committee of the ground for the bill. The State he represented

on the bill to amend an act, entitled “An (New Jersey) would be displeased with the change

morrow.

Whole,

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