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H. OF R.]

Fortifications.

[MAY, 1796.

offence at this. If the State of Maryland had been indebted to the Union $150,000, he should have been glad to have set off a part of it in a similar way. He would, however, much rather all the States would pay their debts. They should then have four millions in hand which they had not. The gentleman had spoken of the sacrifices made by the State of New York in coming into the Union. The blood and treasure of every State had been liberally expended in obtaining their in

York which would nearly come to that sum, by debt due from that State to the Union, by expendwhich the works would be preserved from decay.ing it on the fortifications. He ought not to take And surely, said Mr. W., the United States would not wish that all the money which had been expended and the immense labor which the inhabitants of that city had voluntarily contributed should be lost, for the want of a little timely assistance. He thought the State of New York had a Constitutional demand upon the Union for assistance. [Here Mr. W. cited that part of the Constitution which says Congress shall provide for the common defence and general welfare &c.] He would ask, what had been done for New York independence, and it was for the common interest return for the vast revenues which were collected from it? Very little, indeed. Notwithstanding what had been said by the gentleman from New Jersey, he believed the fortifications, when completed, would be a good defence for New York. He was formerly of the same opinion with that gentleman; but, from the information he had received on the subject, and, from a view of the works, he believed the city would be well fortified, when they were finished. Nothing but a large fleet could affect them; and in that case, he believed the Narrows was the only place at which the city could be successfully defended.

It was not a trifling thing, he conceived, to the United States, to have the city of New York well secured; for if they recurred to the public accounts, it would be found, that since the commencement of the Government in 1788, in that city had been received one fourth of the revenue of the whole United States. Was this city, then, not worthy of some attention? It certainly was; for it must be accounted one of the first cities in the Union, and in proportion to its prosperity would the revenue of the Union increase. He hoped, therefore, there would be no objection to an appropriation of the sum he had mentioned, in order to preserve the works from destruction; by doing this, it would not only add to the securing the revenue of the United States, but also operate as an encouragement to the extension of that city; policy as well as interest justified the appropriation.

Mr. S. SMITH did not expect this subject would have occupied so much time as had already been consumed in it. He agreed that they should consider themselves as members of the whole Union; but that members were concerned chiefly for the ports in their own States, was pretty evident from the present question. Three or four members had already been up to speak for improvements in the ports they represent, and he doubted not they should have others making similar applications. He did not mean to reflect upon gentlemen for thus acting. He felt the same impulse.

The Secretary of War reported that Governor's Island was complete; but, when he turned to Baltimore, he found nothing done. Though he had a great respect for the Union, yet he must respect the situation of his constituents where every thing was incomplete; if he did not, he should be unworthy of their confidence.

The gentleman from New York, [Mr. LIVINGSTON] seemed indisposed to set off a part of the

that they should unite in preserving and completing it. The State of New York was in a rich and flourishing state; she had no taxes; and yet, when he mentioned the paying of a just debt the gentleman took offence.

Mr. S. said, he agreed perfectly with the gentleman from New Jersey, [Mr. DAYTON] that the defence would be futile; so much so, that he would venture to say that any fleet which would ever come to attack that port, would have no dread of these fortifications. His objection was to their taking up the thing at all at this late part of the session; but to take it up early in the next session.

Mr. WILLIAMS said, there was a mistake in the report of the Secretary of War respecting Governor's Island. It was not half finished. It would take $40,960, to complete it. He had taken pains to get the mistake explained, by procuring the estimate from the Commissioners, and Engineer employed on the fortification, which he had read.

Mr. HAVENS said, that when the subject of fortifying the port and harbor of New York was under the consideration of the Legislature of that State, it was supposed that the harbor could not be put in a complete state of defence against a* large maritime torce unless fortifications were to be erected at the Narrows, according to the plan which had been suggested by the gentleman from New Jersey, [Mr. DAYTON.] and which could not be effected, unless an artificial island were to be made on a shoal on one side of the channel, on which a large fort and battery must be erected, and another fort and battery opposite to it, on the shore of Staten Island; but it was estimated that such a mode of defence could not be completed at a less expense than two millions and a half, or perhaps three millions of dollars; it was therefore out of the question, so far as it respected the resources of the State. But notwithstanding this, the Legislature conceived that it would be a patriotic exertion on their part, so far as respected the United States, as well as necessary on the principle of self-defence, for them to apply the resources of the State to the erection of fortifications in the vicinity of the city, upon such a plan as might enable the citizens to defend themselves against any sudden attacks of any considerable force by sea. And this measure appeared the more indispensably necessary, when it was found that the Government of the United States had granted so small a sum for the defence of the port, as clearly proved that they were either unable or unwilling

MAY, 1796.]

Fortifications.

[H. OF R.

volunteers in bringing the United States into this predicament. It had been acknowledged, in the course of this debate, that when public moneys were intended to be distributed for this or similar purposes, it was a thing that was always to be expected that local prejudices would prevail, and that gentlemen would naturally wish that a large portion of the public moneys should be expended in defending that particular port or part of the Union from which he might happen to come, and that this was therefore a thing that was to be expected from the members from the State of New

to contribute the sums that were necessary to put the port and harbor in a situation that might be called a state of defence. The plan which had been adopted of erecting fortifications on each of the three islands in the harbor, he believed, was the best that could have been devised, under all the existing circumstances; he therefore differed in opinion with the gentleman from New Jersey, [Mr. DAYTON,] with respect to the advantage that must result from completing these fortifications, and conceived that the gentleman had expressed himself in too strong terms, when he had said that these fortifications could be of little use ex-York; but, if it was acknowledged that local precept to compel vessels to ride quarantine. He judices of this kind would have an influence in said that he had viewed these fortifications him- the representation of the United States, there was self, and had conversed with engineers and per- equal reason to presume that similar prejudices sons of military skill on the subject, and believed would prevail in the representation of the State that when they were completed they would be of New York, and that therefore it could not reaequal to the defence of the city against a consider-sonably be expected that the Legislature of that able force by sea, and was inclined to think that a State could be easily induced to expend further force of four or five ships-of-the-line would not sums of money in completing these fortifications; venture to attack the city, when they must neces- and he believed he could say, with truth, that the sarily pass and repass or lie before fortifications members who came from parts of the State reso constructed as to fire red-hot shot in a variety mote from the city of New York, had been with of directions, from cannon placed on a new kind difficulty prevailed upon to vote in favor of exof carriages, which elevated them above the pending the sums of money that had already been parapet. laid out on these fortifications, and therefore it could not be presumed that they would vote for the expenditure of further sums for that purpose. He believed, therefore, that the United States had now a choice before them, either to agree to the report of the committee and expend the sum of money stated by them as necessary to preserve these fortifications from decaying, or lose all the advantage which must result to the United States from the large sums of money which had been already expended by the State of New York in erecting them. The sum proposed was certainly not a large one, and he hoped that the other parts of the United States would consider the defence of the city of New York of so much importance, as to induce them to expend the moneys which had been reported by the committee as necessary for that purpose.

With respect to what had been said by some gentlemen, that a complete cession of the jurisdiction of the grounds or islands on which the fortifications have been erected ought first to be made to the United States, before they expend any money to complete them, he should only answer as his colleague [Mr. LIVINGSTON] had already done, that it was not at all probable, nor could it rea sonably be expected, that the Legislature of the State of New York would make a cession of the jurisdiction of those places to the United States, unless they could receive some certain assurance that the United States would afterwards take effectual measures to complete the fortifications in such a manner as to make it appear probable that they would prove an effectual protection to the city of New York against any sudden attack by

sea.

Some gentlemen had said, that the sums which had been expended by the State in erecting those fortifications ought to be set off against the debt which was said to be due from the State to the United States; to this he should only reply, that those gentlemen had, on a former occasion, been volunteers in undertaking to pay the debts of the State of New York, when they assumed the debts of the several States. The State of New York had never requested them to undertake to pay the debts of the State; they had the means in their power of discharging those debts themselves, and would probably have done it, had not the United States interfered and voluntarily taken this burden upon themselves. The greater part of this debt said to be due to the United States had been contracted in that way, and gentlemen should recollect when they said things which implied that the conduct of the State was censurable because they had not yet manifested a disposition to pay this debt, that they had, on a former occasion, been

Mr. HENDERSON moved that the Committee might rise. They had not time to consider the subject at present, so as to do what was necessary in every part of the Union; and as there appeared to be little danger likely to arise from a postponement of the business, he hoped it would be postponed.

The motion for the Committee to rise was put and carried.

Mr. KITCHELL moved that the Committee be discharged from a further consideration of the report.

Mr. LIVINGSTON hoped the yeas and nays would be taken upon that question. It was extraordinary, he said, that when a port was lying in the defenceless state in which New York lay, a grant of money should be refused, because there were other ports in the Union which wanted also, but from which no estimates had been received.

Mr. HILLHOUSE said he had no objection to the yeas and nays being taken. The subject should have been brought forward more early in the ses

H. OF R.]

Fortifications.

[MAY, 1796.

sion, and then it might have been attended to. He was willing to give his aid in protecting the city of New York. He felt interested in it; but he saw no necessity for plunging into the business at once. He should vote for discharging the Committee. There were yet seventeen thousand dollars of the appropriated money remaining unex-nexion. The gentleman from South Carolina pended, which, if the PRESIDENT pleased, he could apply to that object.

Mr. LIVINGSTON believed there was not that sum unexpended.

Mr. GILBERT hoped the Committee would have leave to sit again. A small appropriation, he said, was only wanted to secure all the money that had hitherto been expended upon the fortifications. This was not to be withheld because it was improper to grant it, but because other ports required attention also. It was the interest, and he considered it to be the duty, of the Union, to secure the money which had already been expended. It had been said, the fortifications would be of no service. He was sorry this had not been discovered sooner. He understood they were undertaken under the direction of the United States. Mr. W. SMITH said he should vote for the Committee's having leave to sit again; not for the same reason as the gentleman from New York, but because he wished some attention to be paid to the fortifications of Charleston. He wished this, first, because he thought there was more urgent occasion to attend to the fortifications there than at New York; secondly, because the State of New York owed the United States a large debt; and thirdly, because that State was immensely rich. They owed a balance, which had been ascertained by a commission, sanctioned by their delegates, on the 1st of January, 1790, of more than two millions of dollars. The interest on this sum was upwards of one hundred thousand dollars annually, and there was now due for interest alone upwards of six hundred thousand dollars. So that the sum necessary for the completion of their fortifications might very well be set off against this interest. He found, from a statement of their finances, that this State had upwards of two millions of dollars of funded debt, besides large sums in their treasury, and that they had no taxes; and, whilst they had large treasures, and no taxes, he did not see why they should be attended to in preference to other States. He thought it had the least claim to be favored by the General Government of any State in the Union. South Carolina, he said, had already advanced twenty thousand dollars out of her treasury towards their works, and the State of South Carolina was by no means in the same flourishing condition as New York; they were obliged to pay taxes, and they owed considerable debts.

Mr. LIVINGSTON did not suppose that this question was to be tried by the merits of different States. It had been said, by the member from South Carolina, [Mr. W. SMITH,] that the State of New York came with an ill grace to ask favors. What! (exclaimed Mr. L.) after expending two hundred thousand dollars out of their own treasury, on the fortifications of their harbor, shall the

State of New York be said to be asking a favor, when they ask for a small sum of the General Government to keep the works from destruction ? This was a request to avoid which gentlemen found themselves under a necessity to go into a business with which it had not certainly any conthought himself justified in asking for support to the works at Charleston, because they owed nothing to the General Government. He did not think this a place for recrimination; if he did, he should not find himself wanting in materials. He could look upon the three millions of debt from which South Carolina had been exonerated-he could look upon the desertion of New York when it most wanted assistance in the time of the warand he could have added that this very State had since been charged with a debt which had been accumulated by the delinquency of other States. This was not the object, or he could easily enlarge. All that the State of New York at present asked was, a few thousand dollars, to prevent their works from going to ruin. Gentlemen talked of their wants for their respective ports; let them bring forward their claims. He should be disposed to vote for the assistance wanted by the gentleman from South Carolina. He did not know what was necessary, but, when he did, he trusted he should. be willing to grant such a sum as might be wanting. It had been asked, why this business had been delayed? It would be found that the subject was taken up early in the session, but that it had been retarded by various causes, which could not be avoided.

Mr. WILLIAMS said, the committee had been appointed early in the session, they had had many objects in view, and for two or three weeks their chairman was ill. The gentleman from South Carolina had said, that because New York owed a debt to the Union, they had no claim upon the Union; another gentleman, from Maryland, [Mr. S. SMITH,] had observed that they would give New York credit for what she expended; but, Mr. W. observed, these observations might be well spared, especially when they considered the great sacrifice New York had made by giving up such vast revenue_ that their capital, and six counties adjacent to it, was in the hands of the enemy during the warthat one-third of the city of New York was burnt by the enemy, also the fine town of Esopus-their frontiers overrun, and the buildings destroyedand that not one county in the whole State escaped from the ravages of the enemy. And, notwithstanding all this, it is said New York is a debtor State. Why? Because a retrospective act had passed for the settlement of the accounts between the United States and individual States, varying from the compact under the Confederation, and adopting a principle which could not be justified, to wit: estimating according to the number of inhabitants, seven years after the war, when the number was increased double, and with those from creditor States, which, if they had not removed, would have been entited to receive, instead of paying; and also, the Commissioners making no difference for articles furnished by the State

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of New York, at prices fixed by the limitation act of that State, when for the like articles and delivered at the same time with those of another State, for which other States were allowed ten times as much as the State of New York. Mr. W. would be ready to prove they owed nothing, He should be glad to meet gentlemen on that ground, when he would show that the debt was upon a foundation which could not stand.

[H. or R.

The Committee of the Whole was then discharged from the further consideration of the report.

Mr. TRACY, from the Committee of Claims, made a report on the petition of the widow of General Greene, which stated that Messrs. Harrison and Blackford, merchants, of Great Britain, had obtained a final decree, in the Court of Equity, of Charleston, against the heirs of General Greene, for a sum of more than 7,000 pounds sterling, as surety for the house of Hunter, Banks, and Co.; that this surety being given for the necessary provisions of the Southern Army, when it was in the most distressed condition, at a time when he had no other alternative than to risk his private fortune or disband the Army, his widow prays for in favor of the petitioner, was twice read, and referred to a Committee of the Whole to-morrow. On a motion for postponement of the reference, on the ground of some doubts on the subject, a number of observations took place, but the motion being withdrawn, the report was referred as above.

The gentleman from South Carolina said, the State of New York was rich, and therefore they had no claim upon the Union. If they were rich, they ought to be encouraged. If the States were not rich, it was the fault of their members. The inhabitants of the State of New York were an industrious people, who took time by the forelock; but, because they had a few coppers in their pock-payment from Congress. The report, which was ets, was that a reason why they should be taken from them? He gloried that their State was rich, and if other States were equally industrious, they would be equally rich.

Mr. W. LYMAN spoke in favor of the Committee's having leave to sit again.

Mr. BOURNE observed, that the gentleman from New York said it was absolutely necessary that something should be done to prevent their works from going to destruction, and that if nothing was now appropriated that must be the case. He believed there was a considerable sum of the money appropriated which remained unexpended, and the PRESIDENT, if he believed it necessary, would doubtless suffer it to be expended on the works at New York.

Mr. HILLHOUSE said, there was twenty-three thousand dollars unexpended, which would be more than enough for New York..

The Committee now rose, and on motion being made for the Committee to have leave to sit again, Mr. LIVINGSTON called for the yeas and nays, which were taken, and stood-yeas 14, nays 64 as follows:

YEAS.-Theodorus Bailey, William Cooper, Ezekiel Gilbert, Henry Glen, John Hathorn, Jonathan N. Havens, Edward Livingston, William Lyman, Francis Malbone, William Smith, Uriah Tracy, John E. Van Allen, Philip Van Cortlandt, and John Williams.

Mr. GALLATIN called up two resolutions, to the following effect, laid upon the table by the Committee of Ways and Means some days ago:

"Resolved, That — dollars be provided for the payment of various incidental demands, occasioned by trials of persons for crimes and offences during the late insurrection, not heretofore provided for.

"Resolved, That an additional compensation ought to be made for the services of marshals, jurors, and witnesses, in the Courts of the United States during that period:"

Which were agreed to, and a bill or bills ordered to be brought in.

Mr. S. SMITH wished the House to resolve itself into a Committee of the Whole on a bill which originated in the Senate, to regulate the compensation of clerks; which was accordingly done. The Committee rose, without making amendments. The House took it up; when Mr. W. SMITH proposed to add: "That there be allowed for the year 1796, to the principal and other clerks in the office of the Secretary of the Senate and Clerk of the House of Representatives dollars

CONTESTED ELECTION.

Mr. VENABLE, from the Committee of Elections, made a further report respecting the election of ISRAEL SMITH, stating the number of votes in the towns of Hancock and Kingston, and that it was by accident that the warrants of election were not sent to those places. Ordered to lie on the table.

NAYS.-Abraham Baldwin, David Bard, Thomas Blount, Benjamin Bourne, Theophilus Bradbury, Rich-each, in addition to to their compensation." The ard Brent, Nathan Bryan, Dempsey Burges, Samuel J. amendment was agreed to, and the bill ordered to Cabell, Thomas Claiborne, John Clopton, Joshua Coit, be read a third time to-morrow. Jeremiah Crabb, George Dent, Samuel Earle, William Findley, Abiel Foster, Dwight Foster, Jesse Franklin, Albert Gallatin, William B. Giles, James Gillespie, Chauncey Goodrich, Andrew Gregg, Roger Griswold, William B. Grove, George Hancock, Robert Goodloe Harper, Carter B. Harrison, Thomas Hartley, John Heath, Thomas Henderson, James Hillhouse, William Hindman, James Holland, Aaron Kitchell, John Wilkes Kittera, George Leonard, Matthew Locke, Samuel Lyman, Samuel Maclay, Nathaniel Macon, John Milledge, Andrew Moore, William Vans Murray, Anthony New, John Nicholas, Josiah Parker, Francis Preston, John Reed, John Richards, Samuel Sitgreaves, Nathaniel Smith, Israel Smith, Samuel Smith, Richard Sprigg, jr., John Swanwick, Zephaniah Swift, Absalom Tatom, George Thatcher, Richard Thomas, Mark Thompson, Peleg Wadsworth, and Richard Winn.

SATURDAY, May 14.

Mr. NICHOLAS, from the committee to whom was referred the bill from the Senate relative to the relief of persons imprisoned for debt, made a report of some amendments to the bill, which

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were ordered to be referred to a Committee of the Whole on Monday.

The bill from the Senate for regulating the compensation of clerks, was read a third time; but, on motion of Mr. KITCHELL, who said he wanted information on the subject, it was referred to the Committee of Ways and Means.

COMPENSATION TO PUBLIC OFFICERS. The House resolved itself into a Committee of the Whole on the bill making an additional allowance to certain public officers for the year 1796, which it went through, with an amendment, including amongst the officers whose salaries are proposed to be advanced for the present year, the Secretary of the Senate and the Clerk of the House of Representatives. This amendment met with some little opposition, on the ground that these officers were not obliged to reside in Philadelphia the whole year, but the contrary appearing to be the case, it was agreed to. The House took up the amendment, agreed to it, and the bill was ordered to be engrossed for a third reading.

[MAY, 1796.

rors, and witnesses; which was twice read, and
referred as above.

LAND FOR MILITARY SERVICES.
The House resolved itself into a Committee of

the Whole, on the bill regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the heathen. After having spent some time therein, and made some few amendments, the Committee rose, and the further consideration of the subject was postpon| ed till Monday.

WEIGHTS AND MEASURES.

The House formed itself into a Committee of

the Whole on the following report of the committee to whom were referred so much of the report of the Secretary of State, of the 13th of July, 1790, and the Message of the PRESIDENT OF THE UNITED STATES, of January 8, 1795, as relate to Weights and Measures. The committee report

"That they have examined into the subject referred to them, and are of opinion that the following principles ought to be assumed in regulating the standards of Weights and Measures in the United States:

"1. That all measures of surface, capacity, and

PIERS IN THE DELAWARE, &c. The Committee of Commerce and Manufactures, to whom was referred the report of the Secretary of the Treasury on the memorial of sun-weight, ought to be regulated by measures in length. dry merchants of Philadelphia, praying for the erection of an additional pier in the river Delaware, and that an inquiry might be made what was necessary to be done for the security of vessels entering other ports of the United States, reported a recommendation that the business should fie over till the next session of Congress.

The Committee did the same also with respect to a resolution referred to them, to make inquiry whether any, and, if any, what, alteration was necessary in the laws regulating commerce and navigation.

SURVEY OF THE SOUTHERN COAST. The Committee of Commerce made a report on the petition of Parker, Hopkins, and Meers, and a report heretofore made, that they find the surveys and charts of the sea-coast, made by them, extremely imperfect and incorrect; and, considering the great importance of an accurate survey of the coast, the committee have extended their views on the subject, and recommend that the PRESIDENT be allowed a certain sum, to enable him to get such a survey accomplished. The report was read a second time, but its further consideration was postponed to the 1st of December next.

LIGHT-HOUSES, BEACONS, &c. A bill was reported to continue in force for a limited time the acts therein mentioned, viz: one for supporting light-houses, beacons, buoys, public piers, &c., and another respecting penalties under the revenue laws; which was twice read, and orderred to be referred to a Committee of the Whole on Monday.

"2. That the unit of measures in length, and the unit of weights to be adopted as standards, ought not to vary in any very sensible degree from the present foot now in use, and the present pound avoirdupojs.

"3. That the objections against assumed standards, on account of their being arbitrary, and always liable to be injured or lost, make it a matter worthy the attention of an enlightened Legislature to refer to some certain measure in length derived from an uniform principle in nature, more especially if it can be made to appear that reference may be had to such a measure, with sufficient certainty of uniformity, in the result of different experiments, and without much time, trouble, or expense, in making them.

"In order to carry into effect the first and second of these principles, reference need only to be had to a very remarkable correspondence which is said to exist between the avoirdupois pound and the English standard foot; it having been ascertained that one thousand ounces avoirdupois, of rain water, will fill a cubic foot of English standard measure with great exactness; and for carrying into effect the third principle, little doubt can be entertained but that recourse ought to be had to the pendulum rod, vibrating seconds of mean time in any given place and in any known temperature of the standard derived from an uniform principle in nature, atmosphere; because this will, without doubt, furnish a more certain and easy to be obtained than any that hath hitherto been discovered; by which a measure in length may be ascertained, differing very insensibly in the result of different experiments; and by which the unit in measures of length to be adopted as a standard in the United States may therefore at all times be rethat one or more experiments ought to be made in the gulated. The committee are therefore of the opinion city of Philadelphia, to ascertain the length of the pen

dulum rod, vibrating seconds of mean time; and that, Also, a bill making an appropriation to satisfy after such length shall be obtained, the present foot certain demands incurred in trials for crimes and ought to be compared with it; and if it appears not to offences during the late insurrection, and for al-bear any even proportion to it, then such a standard lowing additional compensation to marshals, ju- foot ought to be assumed as shall bear an even propor

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