H. OF R. Tennessee Land Claims. FEBRUARY, 1803. between the claimants and the Commissioners, during the present session, the several memorials he believed, because the latter considered the con- and petitions of the "Franklin Association," and veyance not an equitable grant. Whether it was of other journeymen printers, of sundry combor was not an equitable grant, in order to prevent makers, gunsmiths, corkcutters, calico-printers, further trouble in settling this land, and as it was cordwainers, papermakers and letter founders; of a matter of great expectation to the claimants, sundry manufacturers of umbrellas, brushes, stonewho constituted a respectable portion of the citi-ware, gunpowder, hats, and starch, within the zens of the United States, he was of opinion that United States; praying for protecting duties to the House should not refuse this request. be laid on the importation of articles used in their respective manufactures, made a report thereon; which was read and considered: Whereupon, Mr. BACON was in favor of the resolution. Mr. RANDOLPH expressed his embarrassment on the occasion; he did not wish to oppose the resoResolved, That the Secretary of the Treasury lution, nor did he think the House had time to be, and he is hereby, directed to prepare and lay hear them the present session. If the House should before Congress, early in their next session, a plan refuse to hear them, it would not decide their for the levying new and more specific duties on case-they could then resort to a court of justice. goods, wares, and merchandise, imported into the They would not accept the offer of the Commis-United States, so as that the same shall, as near sioners, because they thought their chance greater as may be, neither increase nor diminish the presat a law suit. He thought they were no more ent revenue arising to the United States from bound to those people (the claimants) than any imports. others who had a law suit. He should be glad to The bill to incorporate the Directors of the Cohear them if they had leisure. But they (the lumbian Library Company, which was received House) were not to be the judges; if a compro- and ordered to lie on the table, on the nineteenth mise was not to be effected, they would finally re-instant, was read twice and committed to a Comsort to a court of justice. mittee of the Whole on Thursday next. Mr. GRISWOLD said, the object of the law appointing Commissioners to act on that subject was, to make a compromise if possible. What was the situation of these people? They had, by passing that act, brought the claimants from all parts of the Union, at a great expense, the Commissioners had reported, and now could they with any propriety refuse to go any further? He thought they were bound, by principles of justice, to hear them. He hoped the question would be immediately decided. He believed, also, with the gentleman from Maryland, (Mr. NICHOLSON,) that it would be a saving of time. Mr. RANDOLPH was sorry to come under the censure of the gentleman from Connecticut. He was not opposed to hearing them, but was in doubt whether they could hear them at any time, without omitting other business which was absolutely necessary to be done at this session. If counsel were admitted, they might speak till 12 o'clock at night on the 3d day of March, to the neglect of business on which the safety of the United States depended. Besides, there was no violation of justice-they still had their resort to a court of justice. Mr. BACON said, the conclusion of the gentleman from Virginia (Mr. RANDOLPH) not to hear these claimants, was not conducting business in a manner becoming the dignity of that House. He was not afraid of their trespassing on the patience of the House; we wanted no better security against that than their own interest. He hoped the resolution would obtain, and that it would be decided immediately. The question on the resolution was carried in the affirmative-45 voting in favor of it. MONDAY, February 21. An engrossed bill making an appropriation for the support of the Navy of the United States for the year one thousand eight hundred and three, was read the third time and passed. An engrossed bill concerning the insurance of buildings, goods, and furniture, in the county of Alexandria, in the Territory of Columbia, was read the third time and passed. Mr. ROBERT WILLIAMS called up his resolution, making it a standing rule of the House that all questions, respecting priority of business, should be decided without debate.-Carried without a division. The House went into a Committee of the Whole, on the amendments of the Senate to the bill providing an additional armament for the protection of commerce and seamen of the United States. The Senate propose a new section, authorizing the President to build a number of gunboats, not exceeding fifteen, and appropriating fifty thousand dollars therefor. Mr. GRISWOLD moved the recommitment of the bill to a select committee.-Lost, ayes 17. The amendment of the Senate was then agreed to. The House went into a Committee of the Whole, on the bill making an appropriation for the support of Government for the year 1803. The several blanks were filled and the bill reported agreed to in the House, and ordered to a third reading to-morrow. Among the appropriations of the bill is one of between three and four thousand dollars for completing the jail in the City of Washington. The House went into a Committee of the Whole, on a bill in addition to, and modification of, the propositions contained in an act admitting the Northwestern Territory into the Union. The Committee rose, and reported the bill with Mr. S. SMITH, from the Committee of Commerce and Manufactures, to whom were referred, I out amendment. FEBRUARY, 1803. Military Land Warrants-Naturalization. The House took up the report of the Committee, concurred, and ordered the bill to a third reading to-morrow. MILITARY LAND WARRANTS. The House took into consideration the bill extending the time for the location of military land warrants, &c. Mr. DAWSON.-Some days ago I moved a postponement of the consideration of that report. This did not arise from any disposition unfriendly to it, or objections to its provisions. In my judgment they ought to be extended; for I hold it to be our duty, and it ought to be our pride to render justice by every means in our power to those who rendered service to us during our Revolutionary war; and, I am happy to observe, that this appears to be the general sentiment of this Legislature. It is known to you, sir, and to every gentleman of this Committee, and I may add, to every citizen of these States, that General Lafayette rendered to us essential services during that period. At the commencement of that war, he entered into the service of the United States, and continued in it until the close, at his own expense and expenditure of his private fortune. Since then, sir, various have been his fortunes. At one time he has been at the head of a great nation; at another buried in the dungeons of a despot. At that moment, Congress, feeling for his misfortunes, and remembering his services, passed a law granting him, in specie, the amount of his certificates. This act, sir, relieved his distresses, and was nothing more than justice on our part. Having entered into our service as a Major General, never having been attached to any particular line, he never has received any land as other officers did. His fortunes are now much reduced, and I am persuaded that I do an act beneficial to him, and honorable to my country, by offering to you the following amendment, which, I trust, the wishes of every gentlemen of the Committee have anticipated. [Here Mr. D. read a new section, allowing General Lafayette a quantity of land equal to that allowed to officers of a similar rank.] I will only observe that I have placed General Lafayette on the Virginia Establishment because the quantity of land will be greater, because in that State he rendered most of his services, and was generally attached to that line. Mr. T. MORRIS hoped a decision would not then be pressed, as there was scarcely a quorum in the House. He did not know whether he should finally vote for or against it; or whether he should not move to extend the provision to other officers. He, therefore, moved an adjournment; which was carried-ayes 30. NATURALIZATION. The bill in addition to an act, entitled "An act to establish an uniform rule of naturalization," &c., was read a third time. The bill is as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person, H. OF R. who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who has continued to reside within the same, may be admitted to become a citizen of the United States, or any of them, without a compliance with the first condition specified in the first section of the act, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject." The question was put on the passage of the bill. Mr. GODDARD observed that, at this late period of the session, when almost every gentleman who spoke complained of the want of time to complete the public business, he was not a little surprised to find this bill, from day to day, pressed upon the House. He thought there were no persons less entitled to occupy the time of the House at this period than these petitioners. He therefore moved to postpone the further consideration of the bill until the first Monday in November next. He was induced to make this motion not only because the time of the House was wanted for other and more important business, but from the circumstances under which the petitions upon which the bill was founded had been introduced into the House. They were at first expressed in language so indecent that the House refused to act upon them, or even to commit them. Only two days after, they were presented again with the same signatures and in the same words, with the exception of one passage, which was thought most improper. It was impossible that the petitions should have been sent back to the subscribers, at a distance of several hundred miles, and again returned to the House. He presumed, therefore, that some person had taken the liberty of new modelling the memorial and of presenting it in the names of persons who had never seen it in its present form. If there were no other argument against passing the bill, this would be sufficient with him. He thought the petition ought to be sent back to the subscribers, and they ought to be informed that the House had refused to act upon it on account of the improper form in which it appeared. But if the bill should now be passed, the greater part of them would never know that any objection had been made to the liberties which they took with the Government and the House. They would merely know that their request had been promptly complied with. Mr. DANA took a review of what had been done for the petitioners at the last session of Congress. He mentioned various important subjects which had lately been postponed for want of time to act upon them. These petitions, he remarked, had been introduced since the subject of discriminating duties a subject recommended to the consideration of the Legislature by the President of the United States himself-had been postponed professedly for want of time. The subject of amending the bankrupt law, which was considered as very important to the United States, had A number been postponed for the same reason. of pressing petitions from our own citizens had been disposed of in the same way and on the same grounds. He thought, therefore, that unless these aliens were entitled to more attention than any description of our own citizens, and even than the President of the United States himself, the House could not consistently act upon those petitions at the present session. FEBRUARY, 1803. Minister will show whether this is true or not. [Mr. S. here read the following extract from a letter of Mr. King to one of the Irish State prisoners:] You must be sensible that I possess no sufficient means of forming an opinion respecting your sentiments; but the motives which lead me to interfere with your Government, to retain the emigration of the persons above alluded to, oblige me to observe a due caution on the present occasion." Mr. SMILIE. This bill is objected to on two grounds: first, that there is not time to consider it, and, secondly, from the phraseology of the petitions. But the remarks of gentlemen cannot After hearing this language, I think the House apply to the language contained in the first peti- will not be disposed to think the language of the tions, as they were not committed, and as the petitioners too plain. I do not believe the Presipresent bill is founded on other petitions, in which dent or the Minister was authorized to interfere the exceptionable language is not to be found. I in such cases. I know of no law authorizing such therefore know no reason for mentioning the first conduct. I do know of a law which authorized petitions, on which no order has been taken. I the President to banish aliens, but I do not know hope, however, since they have been brought up, of any law which authorized him to prevent emithat I may be indulged in a few remarks, to ex-gration. The alien law authorizes the President amine whether they are so objectionable as has been contended. Mr. NICHOLSON inquired whether such remarks were in order. Mr. SMILIE said those petitions had been alluded to in debate, and he was only replying to the remarks made. He then read the following part of the petitions: "That your memorialists submit the circumstances under which those of them residing here from the Summer of 1798 until the Spring of 1801 were placed. Every alien, distinguished for his attachment to the principles of liberty, was incessantly abused in the papers coutenanced by the Administration then in power. The American Minister at St. James notified, in the name of Government, that the Irish state prisoners would not be permitted to reside in this country; and the British Government made this the pretext for detaining them in dungeons, for the space of four years, in open violation of solemn compact. The Presidency was then in the hands of a man notoriously hostile to aliens of republican principles; and the President was authorized by law to banish any alien at his pleasure, without trial, and without appeal. Under these circumstances your candor will allow that an alien resident could have no inducement to declare his intention of becoming a citizen; for, by so doing, he placed his name on a list of proscription, and subjected himself to the arbitrary will of an individual." This, said Mr. S., is the obnoxious paragraph. I have said before, and now repeat it, every word is true. I allow that telling the truth is sometimes disagreeable, and this may be one of those cases, but I could never despise the man who speaks the truth. The petitioners first say, "that every 'alien, distinguished for his attachment to the prin'ciples of liberty, was incessantly abused in the papers countenanced by the Administration then in power." On this point, I need say nothing, as every gentleman here must be sensible of its truth. In the second place, they say the President was not friendly to aliens. This is true, or he would not have signed the bill, in the face of the Constitution, to put into his power every alien in the United States. In the third place, it is stated that the American Minister interfered and prevented them from coming to this country. A passage which I shall read from the letter of the to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the Government thereof, to depart out of the territory of the United States." This is a memorable law! Now, what does the Constitution say of the rights of all men in this country? Hear: the right to a speedy and public trial, by an impartial "In all criminal prosecutions, the accused shall enjoy jury of the State and district wherein such crime shall have been committed; which district shall have been previously ascertained by law; and to be informed of the with the witnesses against him, to have compulsory nature and cause of the accusation, to be confronted process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence." Compare this Constitutional declaration with the character of the alien law. Remember that the Constitutional provision is not confined to citizens; the words are, "In all criminal prosecutions, the accused," &c. By the alien law, all aliens are placed at the mercy of the President; they are not convicted on an impartial jury trial; they are not even tried by the President himself; but, on mere suspicion, are banished from the country! This is the state in which all aliens were placed by this law. When under these circumstances, I say, it is not extraordinary that they should come forward and express their opinions. Is this an offence? Be this as it may, the present bill does not originate in these petitions, but in others, whose language is unexceptionable. And where is the danger of admitting this description of aliens of five years' residence, when all others are admitted on the same terms, barely because they did not signify their intention to become citizens, when a period of fourteen years' residence was required? A person, before he signifies his intention, must be of age: could, therefore, the age be expected? I mentioned the other day what, I considered it, a duty which we owe to these people: I will now mention a duty that we owe ourselves. Is not our wealth increased by emigrations? He who brings with him nothing but his person, brings his labor and that, in a country that only requires improve ment to be productive, is considerable. But there are many emigrants who bring positive wealth into the country. But gentlemen are apprehensive lest those foreigners, by interfering in our present political system, will injure or destroy it. This idea has always appeared to me ridiculous. Foreigners, in my opinion, will be soon merged with ourselves, and instead of introducing among us their sentiments, will soon take up ours. This objection has appeared to me, too, the more extraordinary, inasmuch as it is raised against foreigners, not because they are the subjects of monarchs and tyrants, but because they have too high ideas of liberty. Where, then, can be the danger of their coming among us, and, after a reasonable residence, participating in our Government? If I excepted any from exercising this right, it would be from the instruments of tyranny in other countries, and not those who, by their republicanism, have rendered themselves obnoxious to tyrants. But when it is remembered that this bill only applies to a particular class of men, to whom three years are saved, and without which a residence of eight years will be necessary, I do hope that the House will so far indulge us as to pass the bill for the relief of this class of persons; for, however unimportant it may be to the Eastern and Southern States, in the Middle States the mere consideration of labor is of the last importance in improving the value of their land; and I trust that gentlemen, whose constituents cannot be injured by it, will suffer it to go into existence, for the benefit of those States which will derive a great advantage from it. Mr. BACON observed that the subject had been ably discussed, both in public and private, as well by those who were learned as by those who were unlearned. As every member must be ready to vote upon it, he hoped much time would not be spent in debate. Mr. DAVIS wished the gentleman from Massachusetts would give them example instead of precept. Had he done so, he would have saved that time the loss of which he deplored. Indisposition having prevented him from attending the House for eight or ten days, he had not had an opportunity of opposing the progress of this bill. He was surprised at the sentiments of the gentleman from Pennsylvania, (Mr. SMILIE,) and at the turn which this business had taken. A petition had been presented, and after examination, on account of its insolent language, had been refused to be committed. Afterwards similar petitions had been presented, which the House were about to treat in the same way; when they were informed that the exceptionable language was not in them. How persons, so distant as the petitioners, could, in a few days, have corrected their petitions and sent on others was most astonishing. Pardon me for saying that the new petitions must have gone to press here, and the names of the petitioners have been transcribed. If so, we are now acting upon forged petitions; and immediate steps ought to be taken to protect us from so gross an imposition, by which the petitioners are represented to hold H. of R. a different language from that which they meant to express. The gentleman from Pennsylvania has told us that the facts stated in these petitions are true and that the President had authority, under the alien law, to banish all aliens. Will he say why he had this authority? It was given in consequence of their unceasing interference in the affairs of the Government, and in consequence of their restless and rigorous behaviour, that Government thought it necessary to protect themselves from their impertinent interference. The law grew out of these circumstances. The gentleman is now for opening the door still wider to this description of persons who have manifested themselves to be of the most turbulent and factious tempers, and who are constantly employed in disseminating their poison among the people. I verily believe, that, in less than five years from this time, we shall be obliged to re-enact the law for requiring fourteen years residence before citizenship is conferred. I shall not, indeed, be surprised at our soon having a petition from those men to amend the Constitution, and to admit an alien to be President of the United States. At the request of these petitioners, we are about to infract the Constitution. The Constitution says that Congress shall have power "to establish an uniform rule of naturalization." At the last session we passed a law on this subject containing four rules. The first rule prescribes that every applicant for admission to citizenship, shall have declared on oath, or affirmation, three years at least before his admission, that it was his intention to become a citizen. The bill on our table is to exempt a certain class of aliens from the operation of this rule. Is this right, equitable, or Constitutional? To one description of aliens you apply four rules, while to another description you apply but three. You thereby infract the Constitution; and if this is not the meaning of it. I do not understand it. But on the sole ground of the pressure of other more important business, if other reasons were wanting, I should vote against the passage of the bill. Mr. DANA called for the yeas and nays. Mr. GODDARD was not disposed to consume the time of the House; but, in answer to the gentleman from Massachusetts, (Mr. BACON,) he must be permitted to say, if it was the sincere object of gentlemen on that side to save time, they would evince their sincerity by not pressing on the House business against which there were reasonable objections. The gentleman from Pennsylvania tells us that this bill is not introduced on the petitions so often referred to in this debate. All that I know is derived from the gentleman himself, who informed us lately that the petitions which he last offered were precisely similar to those which he had previously presented. Such, too, was the statement of another gentleman from Pennsylvania, (Mr. LEIB,) who stated that the last petitions were precisely like the first, except ing the paragraph deemed exceptionable, which had been stricken out; and that both petition were signed by the same persons. Now, the objection made to the first petition again recurs. The House did refuse to commit the first petitions on account of the indecent expressions they contained. The House pronounced the language indecent and insolent. Gentlemen on both sides expressed the same sentiment, and he rejoiced to hear it. The first petitions were not committed; the last were committed, as had been expressed by the gentleman from Massachusetts, to show the more marked disapprobation of the first. But no sooner are they referred than a bill is ushered into the House. If it were proper to pass such a law it ought to be on petitions couched with more decency. I believe, with the gentleman from Kentucky, that these petitions have not traversed four or five hundred miles and got back again. I believe they do not express the sense of the petitioners whose names are signed to them. For this reason I would not sanction them by passing this bill. But there are reasons of greater force against the passage. This is the same Congress that has already acted upon these very petitions. Why depart from our ordinary and established course of proceeding in this case? At the last session, similar petitions were acted upon, and no new evidence to change our minds is now alleged. The gentleman, however, from Pennsylvania, says, we are not averse to the prayer of these petitions, because those who offer them have lived under a monarchy, but because they are republican too much. They are, Mr. Speaker, republican too much! If to be the enemies of all regular government be republican, then I have no hesitation to say, I disclaim the title. Mr. G. concluded by saying, that in every point of view in which he could consider the subject, as well on its own merits as from a want of time, he thought the House would be justified in postponing it. FEBRUARY, 1803. our public affairs. He considered that partiality which the gentleman had manifested for the country of his birth as one of the strongest and most amiable of the propensities of the human mind, yet upon that floor he could wish to see those partialities circumscribed within the limits of the United States. Mr. LEIB said that the gentleman from Delaware had completely answered and refuted his own arguments; for if there were no aliens in the situation to be relieved by the bill, and no application had been made by them for the relief contemplated by it, his apprehensions can have no foundation of course, and the bill was no more than a dead letter. According to this gentleman's conception, then, the fears of the gentleman from Connecticut must likewise be groundless, and all his anticipations of perjuries which would be committed by the aliens, should the bill pass, must prove as visionary as his argument; for where there existed no temptation for perjury, none certainly would be committed. But there were many in this situation, and they had applied for relief. He had presented memorials from a great number, praying for the amendment to the naturalization law contemplated by the bill. The gentleman from Maryland had likewise presented a memorial from the aliens in Baltimore to the same effect. It was therefore apparent that many were aggrieved, and the bill provided a remedy. morals, and who had occasioned much trouble, vexation, and expense, to the State, but they were not aliens, but Connecticut intruders. The gentleman from Connecticut had been very liberal in his denunciations of aliens; he seemed to derive peculiar gratification from this indulgence of his feelings; but for his part, said Mr. L.. he could not enter into that gentleman's sensations, nor subscribe to his opinions. It was true, that, in the State which he had the honor to represent, there was a lawless banditti to whom the Mr. DANA hoped that he should not be thought remarks of the gentleman from Connecticut would wanting in due respect to the age and logical tal-apply, who seemed to regard neither laws nor ents of the gentleman from Massachusetts, (Mr. BACON,) even though he should refuse to relinquish his opinion, and his right of debate, in consequence of that honorable gentleman's friendly The gentleman from Delaware had said mnch admonition, an admonition which was probably in favor of the declaration called for by the existintended to operate as a command. He thought ing law. What was it? Was there a magic in if that gentleman was really disposed to econo-it-a kind of legerdemain-which, by hocus pocus, mise the time of the House, he might do it more converted aliens suddenly into a fitness for citieffectually by omitting to bring forward measures zenship? What was its slight-of-hand process, which were known to be disagreeable-measures that it gave to the alien an impromptu knowledge that were not in themselves necessary, and that of our Constitution and our laws? Did it possess were not expected to be acted upon, rather than an alchymical power, capable of an instantaneous by attempting to prevent gentlemen from expres- transmutation of a base into a pure being? For sing their objections to measures introduced as his part, he believed that the residence required by law occasioned the safest and surest transmu. tation. It was this which gave the knowledge and feeling, and gave the opportunity, for the intercourse that amalgamated the aliens with us, and gave them a common interest. It was the surest standard by which to test the desire for citizenship; it was action, and not declaration; it was fact and not theory. He therefore felt more disposed to rely upon it than upon the empty sound of declaration, which to the gentleman from Delaware appeared so emphatic. the bill had been. Mr. D. was not surprised to find the gentleman from Pennsylvania, (Mr. SMILIE,) warmly attached to the interest of the emigrants from Ireland. He understood that the gentleman himself was from that country, and thought it extremely natural that he should feel an attachment to his Countrymen; but he thought also that the very circumstance ought to caution the House against too suddenly admitting persons, who feel similar attachments, to a participation in the direction of |
