Sidebilder
PDF
ePub

H. OF R.

Proceedings.

FEBRUARY, 1803.

an acre without such appropriation? Indubita-propriated for military services, and for the Socibly it is. The same reasoning will hold good for ety of the United Brethren for propagating the giving the people of Ohio the salt springs, and for Gospel among the Heathen," was read the third appropriating a portion of the proceeds of the time: Whereupon, lands to laying out roads as an equivalent for the exemption of the lands of the United States from taxation. Gentlemen who are not operated upon by this principle, and a desire to establish a liberal provision for schools, will vote against the bill. These reasons were entirely satisfactory to the committee.

A motion was made and seconded that the House do, by unanimous consent, amend the first section of the said bill, by striking out therefrom the words "and from thence to the end of the next session of Congress thereafter:"

And the question being taken thereupon, it was unanimously resolved in the affirmative.

The said bill, being so amended at the Clerk's table, was then brought in engrossed, and again read; and on the question thereupon,

Resolved, That the said bill do pass, and that the title be, "An act 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 land appropriated for military services, and for the Society of the United Brethren, for propagating the Gospel among the Heathen; and for other purposes."

[This bill contains an honorable donation of land, equal to the quantity allowed to an officer of the same grade, to General Lafayette.]

Mr. R. said he was at a loss to reconcile the practice of gentlemen with their theory. When a proposition was made in Philadelphia to accept the jurisdiction in Connecticut, which, though pompously called an act, (Mr. R. here quoted the title,) was in fact a cession of the soil; the gentleman from Pennsylvania (Mr. GREGG) voted in the affirmative, while I, said Mr. R., was in the negative. I am at a loss to reconcile his vote then with his present arguments. The gentleman, who thinks all the lands of the United States a general fund for public purposes, was for giving up three millions of acres, to the value of six millions of dollars, without receiving any valuable consideration; and now he is averse to an appro- A memorial of James Strawbridge, in behalf of priation which gives up nothing, but which will himself, and as trustee for the Tennessee Companecessarily enhance the value of public property.ny, was presented to the House and read, stating By the law passed the last session, we made certain propositions to the State of Ohio, subject to the right of that State to accept or reject them. These propositions that State has agreed to, with certain modifications. To make them binding on Ohio, it is necessary for us to accept them in toto, as modified. If there is but a partial acceptance, that State is not bound to exempt the public land from taxation. But if they are agreed to in toto, the compact is final and binding. I have only to Ordered, That the said memorial be referred to add that this is a desirable object, as the exemption the Committee of the Whole House to whom was will be more than an equivalent for that which is committed, on the nineteenth instant, the bill for surrendered on our part, and to observe that how-settling sundry claims to public lands of the United ever plain and easy it may be to settle the abstract States south of the State of Tennessee. principles, in cases where States are litigants, there must be some immediate umpire.

Mr. GREGG wished to say one word in reply to the gentleman from Virgínia who had just sat down. The gentleman had charged him with inconsistency, because he opposed the present bill, although he had voted for the act assuming the jurisdiction of the Connecticut Reserve. The cases were by no means analogous. Connecticut had a claim. She herself, at least, considered it such, and in virtue thereof had issued grants, and taken possession of the land. In the present instance there is no claim. None is pretended. It is an absolute grant of a common property to the exclusive benefit of a few. Such grants he should always consider it his duty to oppose.

After a few words from Mr. BACON, in favor of the bill, it passed in the affirmative.

WEDNESDAY, February 23.

An engrossed 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 land ap

his claim as an original proprietor and trustee, as aforesaid, to a certain quantity of land situate in the territory lately ceded to the United States by the State of Georgia: and submitting to the consideration of Congress certain terms and conditions, therein specified, upon which the memorialist on his part, and in behalf of the said Tennessee Company, is willing to relinquish to the United States the title to the said land, in fee simple.

Mr. NICHOLSON called for the order of the day on the bill to regulate the grants of land south of Tennessee.

Mr. BAYARD called for a resolution on making an indemnification for French spoliations. Mr. THOMPSON called for the bill for the gov ernment of Columbia.

The House agreed to Mr. NICHOLSON'S motion, and went into a Committee of the Whole on the bill for regulating the grants of land south of Tennessee.

The bill corresponds in its leading features, with the report of the commissioners.

Mr. ISRAEL SMITH moved an amendment to the first section, reinstating the claimants under the company of military adventurers in lands held by them under Great Britain.

This motion was supported by Messrs. ISRAEL SMITH, GRISWOLD, DANA, and BACON; and opposed by Messrs. NICHOLSON, R. WILLIAMS, MERIWETHER, and S. SMITH.

The amendment was lost-yeas 14.

Several amendments were then made in the details of the bill.

[blocks in formation]

SUPERVISORS.

Mr. RANDOLPH, from the Committee of Ways and Means, reported a bill authorizing the transfer of the duties of the supervisor to any other office. Referred to a Committee of the Whole to day. The House went immediately into a Committee

of the Whole on the bill.

Mr. R. explained the object of the bill, by stating that it had been introduced in consequence of an application from the Treasury Department. It was considered, that in those districts where the collection of the internal taxes was nearly completed, and where the supervisor may, from the smallness of the commission, be unwilling to discharge the duties of the office, they might be trans ferred to some other officer of the United States who might be willing to undertake to discharge them. In cases where the compensation will be extremely small, it is proposed to allow a salary not exceeding two hundred and fifty dollars.

Mr. DANA suggested the propriety of limiting the transfer of duties to officers employed in the collection of the customs.

Mr. GRISWOLD moved to limit the power of the President to the appointment of revenue officers. On this motion a short conversation ensued.

Those in favor of the motion thought it proper for the Legislature to designate as closely as practicable the description of officers from which the President should be empowered to nominate those to whom the duties of supervisor should be transferred; while those against the motion remarked that authority to appoint any officer would be safely vested in the President in a business of so trifling a nature, and that convenience would result from not abridging the field of choice.

The amendment was lost without a division. The committee rose, and reported the bill; and the House immediately took it into consideration. The SPEAKER put the question on engrossing

the bill.

Mr. GRISWOLD observed that in all instances where moneys of the United States were received, bonds had been required. In this bill there was no such provision. He was against such an innovation, and must therefore vote against the bill. Mr. RANDOLPH replied that marshals, and other officers, on whom those duties might be devolved, did give security for the faithful performance of duty. The duties of supervisor, when transferred to them, would be their duties.

This was contested by Messrs. GRISWOLD, and HENDERSON.

Mr. NICHOLSON moved an amendment requiring bonds to be given, which was carried without a division; when the bill was ordered to be engrossed for a third reading to-morrow.

THURSDAY, February 24.

H. OF R.

two; which were read, and ordered to lie on the table.

The Message, received yesterday from the President of the United States, transmitting a report of the Secretary of State on the case of the Danish brigantine Hendrick, was read and, together with the documents transmitted therewith, referred to a Committee of the Whole House to-morrow.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting an account of the receipts and expenditures of the United States for the year one thousand eight hundred and one; also, a letter to him from the Register of the Treasury, in relation thereto; which were read, and ordered to lie on the table.

An engrossed bill authorizing the transfer of the duties of Supervisor to any other office was read the third time and passed.

A memorial of Thomas Young, in behalf of himself and others, was presented to the House and read, stating his claim as a proprietor in a company, entitled, by purchase, to a quantity of land situated in the territory lately ceded to the United States by the State of Georgia, to which the Indian title has not been extinguished, and submiting to the consideration of Congress, certain terms and conditions therein specified, upon which the memorialist, on his part, and in behalf of those whom he represents, will agree to relinquish to the United States a right to the said land, in fee simple.

Ordered, That the said memorial be referred to the Committee of the whole House to whom was committed, on the nineteenth instant, the bill for settling sundry claims to public lands of the United States south of the State of Tennessee.

The House resolved itself into a Committee of the Whole on the bill to make Beaufort and Passamaquoddy ports of entry and delivery; to make Easton, Nanjemoy, and Tiverton, ports of delivery; to change the name of the district of Nanjemoy to that of Saint Mary's; to authorize the establishment of a new collection district on Lake Ontario, and the appointment of a surveyor at Nanjemoy; and, after some time spent therein, the bill was reported to the House with two amendments thereto; which were severally twice read, and, on the question put thereupon, agreed to by the House.

The said bill then being further amended at the Clerk's table, was, together with the amendments, ordered to be engrossed, and read the third time

to-morrow.

The House resumed the consideration of the bill in addition to an act, entitled "An act to amend the judicial system of the United States," to which the Committee of the whole House reported an amendment on the sixteenth instant: Whereupon, a motion was made, and the question being put, that the farther consideration thereof be postponed until the first Monday in November next, it passed in the negative.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting a letter to him from the Comptroller of the TreaThe said bill was then further amended at the sury, dated the twenty-third instant; also a state- Clerk's table, and, together with the amendments, ment of the emoluments of the officers of the cus-ordered to be engrossed, and read the third time toms, for the year one thousand eight hundred and to-morrow.

[blocks in formation]

The House resolved itself into a Committee of the Whole on the bill concerning the salt springs on the waters of the Wabash river; 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 Committee of the Whole on the bill for erecting a light-house at the entrance of Penobscot bay, or any other place in its vicinity that may be deemed preferable by the Secretary of the Treasury; and, after some time spent therein, the Committee rose and reported two amendments thereto; which were severally twice read, and, on the question put thereupon, agreed to by the House.

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

morrow.

A letter was received from the Secretary of the Treasury, enclosing a report of the emoluments of the officers employed in the customs.

Also from the same department, an account of the receipts and expenditures of the United States

for 1801.

The House took up the amendments of the Senate to the bill amending the act for the Military Establishment.

The amendments are, a new section authorizing the employment of one officer and eighteen men to make practical experiments; and allowing three thousand dollars, instead of two thousand dollars, for clerk hire in certain offices.

Amendments agreed to-yeas 33, nays 23. Mr. THOMPSON said there was a long bill for the organization of the militia of Columbia, which had been referred to a Committee of the Whole. From its great length he was apprehensive, unless some other disposition were made, there would not be time to pass it through both Houses. As it was indispensable that something should be done, he hoped it would be referred to a select committee other than that which had reported it, on whose report it might be engrossed for a third reading.

Agreed to, and referred to a committee of seven. The House took up the amendments reported by the Committee of the Whole on the bill regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee; and agreed to them.

CANADIAN REFUGEES.

Mr. GREGG, from the committee appointed on the twenty-third instant, presented a bill in addition to the act, entitled "An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia ;" which was read twice and engrossed, and ordered to be read the third time to-morrow.

Mr. I. SMITH renewed his amendment, rejected yesterday, to insert after the word "who," in the third line of the second section, the words "not being enemies of the American Revolution, and;"

FEBRUARY, 1803.

also, by inserting after the word "did," in the fourth line of the same section, the words following, to wit:

"With the consent of the British Government of West Florida, on or before the day when the British possessions of West Florida were conquered of Spain, actually inhabit and cultivate a tract of land in the Mississippi Territory, not claimed by virtue of the preceding section, or of any British grant, or of the articles of agreement and cession between the United States and the State of Georgia, and was driven therefrom by the events of the war between the United States and Great Britain; and to every person, or the legal representative of every person, who, being either the head of a famlly, or of twenty-one years of age, did"

And the question being taken thereupon, it passed in the negative-yeas 17, nays 44, as follows:

YEAS-James A. Bayard, John Condit, John Davenport, Ebenezer Elmer, Calvin Goddard, John A. Hanna, Daniel Heister, Benjamin Huger, James Mott, Thomas Plater, William Shepard, Israel Smith, John Cotton Smith, Samuel Thatcher, Joseph B. Varnum, Peleg Wadsworth, and Lemuel Williams.

NAYS-John Archer, John Bacon, Thomas Boude, Robert Brown, William Butler, Samuel J. Cabell, Thomas Claiborne, Matthew Clay, John Clopton, John Dawson, Lucas Elmendorf, John Fowler, Edwin Gray, Andrew Gregg, William Barry Grove, Joseph Heister, William Helms, William Hoge, David Holmes, Michael Leib, David Meriwether, Samuel L. Mitchill, Thomas Moore, Anthony New, Joseph H. Nicholson, John

Randolph, jr., John Smilie, John Smith, of New York,

Richard Stanford, John Stanley, John Stewart, John John Smith, of Virginia, Josiah Smith, Samuel Smith, Taliaferro, jr., Thomas Tillinghast, Philip R. Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, Isaac Van Horne, Robert Williams, Richard Winn, Thomas Wynns.

ments agreed to, be engrossed, and read the third Ordered, That the said bill, with the amend

time to-morrow.

FRIDAY, February 25.

An engrossed bill in addition to an act, entitled "An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia," was read the third time, and passed.

An engrossed bill in addition to an act, entitled "An act to amend the Judiciary system of the United States," was read the third time and passed.

An engrossed bill to make Beaufort and Passamaquoddy ports of entry and delivery; to make Easton, Nanjemoy, and Tiverton, ports of delivery; to change the name of the district of Nanjemoy to that of Saint Mary's; to authorize the establishment of a new collection district on Lake Ontario; and the appointment of a Surveyor at Nanjemoy; was read the third time, and passed.

An engrossed bill concerning the salt springs on the waters of the Wabash river was read the third time and passed.

Mr. SAMUEL SMITH, from the committee to whom was recommitted, on the twenty-fourth instant, the bill more effectually to provide for the organization of the militia of the District of Co

S

a

(

A

D

[blocks in formation]

lumbia, reported an amendatory bill; which was read twice and committed to a Committee of the whole House to-morrow.

An engrossed bill for erecting a light-house at the entrance of Penobscot bay, or any other place in its vicinity, that may be deemed preferable by the Secretary of the Treasury, was read the third time and passed.

An engrossed bill regulating the grants of land. and providing for the disposal of the lands of the United States south of the State of Tennessee, was read the third time and passed.

On motion

Resolved, That the Secretary of War be, and he is hereby, directed to procure and lay before Congress, at the commencement of their next session. an authentic list of the individuals who, agreeably to the former resolves of Congress, were placed on the list of invalid pensioners in the State of South Carolina, and. by the regulations of that State, were entitled to pensions at the commencement of the present Government of the United States, but who have not since been paid the same. A message from the Senate, informed the House that the Senate have passed a bill, entitled "An act to alter the time of holding the Court of the United States in Kentucky;" to which they de

sire the concurrence of this House.

H. OF R.

"A detailed account of the expenditures and application of all public moneys which have passed through the Quartermaster General's department from the first day of January, one thousand seven hundred and ninety-seven, to the thirty-first day of December, one thousand eight hundred and one.

"A similar account of the expenditure of all public moneys which have passed through the Navy agents. tion of all moneys drawn out of the Treasury for the "A similar account of the expenditure and applicacontingencies of the Military and Naval Establishments.

"Copies of the contracts made by the Navy Department for the purchase of timber and stores, and the accounts of moneys paid under such contracts."

Mr. WILLIAMS stated, that, conformable to this order, those accounts had been prepared and transmitted to the House by Message from the President on the 23d of December last. He therefore moved that the Message of the President, together with the documents accompanying it, be printed. After a few words of desultory conversation, the motion was agreed to by the House.

Mr. NICHOLSON then rose and said, that he wished to make another motion respecting those documents. He said that he had seen estimates of the expense of printing them, and as business of that kind was usually done, the expense would amount to a sum from eight to ten thousand dollars; but he had seen proposals from two printers on the subject, both of whom had stated that they would print the documents for a much less sum than they would ordinarily cost, as they could be

Mr. MITCHILL, from the committee appointed, on the fifteenth instant, on "the provision which ought to be made by law for the regulation of quarantine within the District of Columbia," made a report thereon; which was read, and ordered to be referred to a Committee of the whole House to-printed during the recess of Congress, and they

morrow.

Mr. MITCHILL, from the same committee, also reported a bill to regulate the quarantine of ships and vessels in the port of Alexandria; which was read twice and committed to the Committee of the whole House last appointed.

had journeymen now employed who would not One of the be much engaged during the recess. print them for five thousand five hundred dolprinters, Mr. William Duane, had offered 40 lars; the other, Mr. Smith, had offered to do the work for five thousand two hundred dollars. He The order of the day for the House to resolve therefore moved a resolution, that the sum of five itself into a Committee of the Whole on the bill thousand two hundred dollars be appropriated to for establishing the Government of the Territory this object, and that it should be paid out of the of Columbia, being called for, a motion was made contingent funds of this House, provided the exand seconded that the said order of the day be post-pense of printing does not exceed that sum. poned until the first Monday in November next. And the question being taken thereupon, it passed in the negative.

PRINTING PUBLIC DOCUMENTS.

tion to be reduced to writing,

While the House were waiting for Mr. N.'s mo

Mr. VAN CORTLAND rose and said, that as he had voted for the printing of the document, without knowing the expense, he would now move to reconsider that question.

The SPEAKER observed, that this motion could not be received until the one before the House was disposed of.

Mr. NICHOLSON's motion being reduced to writing, was read.

Mr. ROBERT WILLIAMS rose and expressed a hope that gentlemen who had called for other business would give way to him for a moment, as he wished only to move for the printing of a document. The floor was conceded to him, and he then stated that an order of this House had passed, at the last session of Congress, calling upon the Mr. GRISWOLD rose and remarked, that he bePresident for certain detailed accounts of the ex- lieved the object which the gentleman from Marypenditure of public money, to which order he re-land (Mr. NICHOLSON) had in view would not be ferred from the Journals of the last session of Congress, and which is in the words following, viz:

"Resolved, That the President of the United States be requested to cause the proper officers to prepare and lay before the House, during the first week of the ensuing session of Congress, the following statements:

accomplished by this resolution. The House had made a positive order to print the documents-it would become the duty of the Clerk of this House to procure it to be done, whatever might be the expense attending it. The expense, of course, like that of any other printing done by order of the House, would be paid out of the con

[blocks in formation]

tingent fund, and an appropriation of money could not be made by a resolution of this House. Moneys could be drawn from the Treasury only in consequence of appropriations made by law. The resolution, therefore, was both useless and improper. If the gentleman wished to limit the expense of printing these documents it should have been done by way of proviso to the order for printing, which had just been passed.

FEBRUARY, 1803.

sary hereafter to act upon them further. He
would pursue the same course as was pursued re-
specting the census last year. That was a work
very difficult of execution, and cost considerable
money, and yet the House ordered it printed.

Here the SPEAKER read the resolution of last session called for by Mr. GRISWOLD. After which, Mr. BAYARD rose and said, that if the gentleman from New York (Mr. MITCHILL) had atMr. NICHOLSON withdrew his resolution, when tended to the subject, he would have found that the motion for reconsideration was renewed. it was not necessary to incur the expense of printMr. GODDARD said he hoped the motion to re- ing these documents out of respect to the Presiconsider would prevail; not that he wished to dent. The call for the papers proceeded from this prevent the documents from being printed, but House. The President knew nothing of what because he wished that the gentleman from Mary- they contained, but had acted only in obedience land (Mr. NICHOLSON) might have an opportu- to the resolution of the House. It was therefore nity to try the sense of the House upon his propo-entirely an affair of our own. Mr. B. said he sition to limit the expense, which could not be wished the gentleman from North Carolina, (Mr. done unless the vote was reconsidered, so as to WILLIAMS,) when he moved for printing these bring the subject again before the House. He documents, had been good enough to assign one thought there was another reason for reconsider- solitary reason for so doing. For his part he ing the vote. He observed that the vote that had could perceive no good purpose to be answered by passed in pursuance of the motion of the gentle- it. No gentleman had examined the documents, man from North Carolina, (Mr. R. WILLIAMS.) or knew what they contained, and yet we are to was simply to print the documents. without de- incur a large expense for printing this mass of signating to what use they were to be applied papers without knowing what they contained. when printed; nor was any direction given as to the number of copies to be printed. It was usual in such orders to express the use to which the document directed to be printed is to be applied. Mr. R. WILLIAMS said he hoped the motion would not prevail. He did not wish to have the expense limited by a proviso, which might prevent the printing, if the expense should exceed the limited sum. He wished to have the documents printed if it should cost ten thousand dollars. Mr. ELMENDORF was against reconsidering the vote. He said that at the time when the documents were transmitted to the House he was the only member of the committee of investigation who was present. He thought it better, therefore, to delay the motion for printing until the arrival of the other members; but he wished the documents printed, let it cost what it would. It would be recollected that this embraced the accounts of the expenditure from the contingent funds of the departments for several years; therefore the expense was great. But such an account ought every year to be published.

Mr. S. SMITH expressed himself against the printing of the documents. He said no one good purpose could be answered by it. Those documents had already cost the United States more than five thousand dollars in transcribing them from the books of the departments—three additional clerks having been constantly employed during the whole recess of Congress for this purpose.

The motion to reconsider was carried.

Mr. NICHOLSON then offered a resolution on this subject, which, in consequence of a suggestion from Mr. GRISWOLD, he consented to vary, and which is in the words following, viz:

"Resolved, That the Message of the President of the 23d of December last, together with the documents accompanying the same, be printed for the use of the members, provided the expense shall not exceed the sum of five thousand two hundred dollars."

Mr. R. WILLIAMS called for a division of the question, observing that he wished to vote for printing the documents, but not for limiting the

expense.

The SPEAKER declared the question to be divisible.

Mr. NICHOLSON expressed the same sentiment. Mr. GODDARD called for the reading of the resolution of last session. He said he believed the Mr. BACON hoped the documents would be documents went much farther than the expendi-printed. It would be recollected that the report ture of moneys from the contingent fund; they of the investigating committee, so called, called appeared to him to be a mere transcript of almost forth the talents of a gentleman who had been all the books of the Departments of War and the lately high in office, in an address to the public, Navy for several years. in which the conduct of the committee had been Mr. MITCHILL was in favor of having the docu-strongly condemned, and through that committee ments printed. He said that if the President had thought proper to communicate these documents to us, and direct them to be extracted from the books of the departments, it must be for some valuable purpose, and he thought we could do no less than pay a respectful attention to the President's communication, and order them to be printed. It might, for aught he knew, be neces

the conduct of this House. Another gentleman,
lately high in office, had transmitted a long repre-
sentation to this House, during the present ses-
sion, upon which no order had been taken. He
wished the documents published, that they might,
if they would do so, justify the conduct of that
committee and this House.

Mr. ELMER declared himself to be against the

[merged small][merged small][merged small][merged small][ocr errors]
« ForrigeFortsett »