from the Secretary of War, accompanied with sundry statements and reports. The motion was agreed to.

The House then attended to the reading of the papers received from the Secretary of War. The Erst paper read was a report relative to the Military Establishment of the United States.

2d. Report of the measures that have been pursued for obtaining proper sites for arsenals. 3d. Report of the measures that have been taken for replenishing the arsenals with arms, ord

The first law recited as being near expiring, is the law for receiving on loan the Domestic Debt of the United States; this law expires the 31st December, 1795. A committee of three was ap-nance, and military stores. pointed. to report by bill or otherwise on the expediency of extending the term of the law.

The next article in the report refers to sundry acts which will expire at the end of the present

people, in Congress assembled, will, in their wisdom, adopt such measures, touching the Treaty of Amity, Commerce, and Navigation, between the United States and Great Britain, lately negotiated by authority of the PRESIDENT OF THE UNITED STATES, and conditionally ratified by the Senate, as shall most effectually secure, free from encroachment, the Constitutional delegated powers of Congress, and the chartered rights of the people, and preserve to our country an uninterrupted continuance of the blessings of peace.

Also, a memorial of sundry citizens of the State of New York, whose names are thereunto subscribed, praying to be indemnified by the Government of the United States, for the property which has been unjustly taken from them by the armed vessels of the British, when in the regular pursuit of their commerce.

Ordered, That the said petitions and memorial be committed to the Committee of the Whole House on the state of the Union.

The House then went into a Committee of the Whole, on the report of the Committee of Claims. DANIEL GOODWIN.

The report on the petition of Daniel Goodwin, was taken up and read. It recommended that, in opposition to the act of limitation, the Secretary of the Treasury should be appointed to settle the debt, agreeably to the desire of the petition. Mr. SWIFT wished to know the motives for this distinction in favor of Mr. Goodwin.

[H. OF R.

inferred the necessity for a statute of limitations. Government had done everything possible to warn its creditors. It had almost gone to the highways and hedges to compel them to come in. There was great pleasure and honor in looking back upon such conduct. One cloud only hung over the transaction. This was the necessity for paying with certificates, which had frequently been resold, at a very low rate, to the great loss of the real creditor. It was an object of regret, but could not possibly be helped. The Committee of Claims had, in general, been very cautious of admitting exceptions to the statute of limitations. In this instance, they had not thought themselves authorized positively to reject a demand that was unquestionably just in itself, but had left the matter to the decision of the House.

Mr. CHRISTIE was opposed to the report. He had at first thought the act of limitation an unjust one; but when one of this committee, last winter, he was convinced of the necessity for something of the kind. There had been negligence in some quarter about this demand, for it lay asleep six years and eight months. He would have no partial repeal of the statute.

thousands, if not millions of dollars had been paid for dishonest demands, and on fictitious evidence. The House might sit all the year round, if they took up such a principle, and yet never get through.

Mr. SWIFT saw no act of God which had intervened to prevent the petitioner from prosecuting the claim within the legal time. Thousands of other cases, just as equitable, might be admitted on the same ground as the present one. It would be endless to open such a door. He hoped that the committee would not agree to the report, beMr. TRACY, as Chairman of the Committee of cause shoals of demands would arise, of which it Claims, rose to give this explanation. The sub- was impossible, from the distance of time, to prove stance of the case was shortly this: During the whether they were just or not. To enforce the late war, Mr. Thomas Cushing, a gentleman in statute of limitation might seem rigorous upon public service, had received orders for building, at individuals, but it was a real act of equity to the Boston, a seventy-four gun ship. On this occa-public. There were reasons to believe that many sion, he occupied a wharf and some buildings belonging to the late Mr. Benjamin Goodwin, father to the petitioner. The sum due by him, as compensation, had been determined by arbitration. Both Mr. Cushing and Mr. Goodwin died, some years after; and the award and other papers. which Mr. GILBERT was opposed to the resolution, as were in the custody of the former gentleman, were reported by the committee. He said that the claim mislaid; and could not be found, till after the act of the petitioner was either barred or not barred of limitation took place. The Committee consi- by the act of limitation; if it was not barred by dered this circumstance as forming an excuse for such limitation, there needed no such Legislative the omission of presenting the claim within the interposition; if it were barred by the act of limittime prescribed by law. They had no doubt that ation, he could not agree to the resolve, because the debt was, in itself, just and fair; for, on exami- he could never consent to a partial repeal or susnation, they found that Mr. Cushing had not re-pension of that act; he doubted of the justice or ceived, at the settlement of his official accounts, policy of repealing the act of limitation partially, any money on that head from the Treasury of the and much more of repealing it generally. The reUnited States. The amount really due was like- port of the committee, he said, shows that the wise ascertained by the award. Mr. TRACY stated claim of the petitioner is barred by the act of limitthat this report was not a favorite with the Com-ation, and therefore he could not consent to the mittee of Claims. They wished for the direction resolution proposed. of the House, to serve them as a rule in similar cases, to which they would pay the strictest regard. The Committee had thought that it was by an act of Providence that Mr. Goodwin had been prevented from lodging his claim, not by any negligence of his own. Mr. T. then went into a long statement of the measures taken by Government to satisfy its creditors. From this detail, he

Mr. B. BOURNE was satisfied to stand by the law in general; but urged that there might be reasonable exceptions, of which the present formed one. He denied that there had been any negligence on the side of the petitioner, and entered into an explanation to demonstrate that there had been none, and where there was none, the Government were in justice bound to pay.

Mr. DEARBORN showed the unfairness of debarring a person from payment of a debt admitted to be due, because, by an accident which he could not help, his papers had been for some time mislaid. He insisted that no voluntary delay had taken place on the part of Mr. Goodwin, and that there ought to be a distinction between those who were negligent and those who were not so. He observed that, for a long time, there had been very little encouragement, indeed, to make any demands on the American Treasury. He put the case of a private person, who is unable to pay his debts; few people would choose to be at the expense of prosecuting him, merely for the sake of ascertaining the amount of a claim from which nothing can be hoped for. In the progress of human affairs, he improves in his circumstances, and then his creditors are entitled to state their demands. Something like this happened to the United States, from about 1779 till 1789. The prospect of a public creditor was unpromising, and he would not undertake a journey of some hundreds of miles to present a claim apparently worth little or nothing. Matters have since altered for the better, and now it is but fair that those who want money should come forward and claim it.

[DECEMBER, 1795.

tle Mr. Goodwin's account. If he was so, Mr. G. would not consider the claim as bound by the act | of limitation.

Mr. SEDGWICK.-Unless we adhere to the statute of limitation, the derangement will be endless. He was convinced that, to pay this demand, we must get over the statute. He could look on the award as nothing more than evidence of the amount of the debt. It should have been presented in proper time to the officer of the Treasury. It was not; and the creditor, in consequence of his neglect, is now precluded from doing so. Mr. HILLHOUSE thought that there never was, nor could be, a clearer case.

Mr. VENABLE warned the Committee of the danger of granting one claim which could not fail of producing multitudes.

On dividing, the ayes in favor of the report were only twenty-nine. It was therefore lost. The Committee then rose. The Chairman reported, and the House agreed to the report.

An address was then presented and read from certain merchants and underwriters in New York, who complained heavily of British depredations, and entreated the interference and protection of Congress. It was. on motion, referred to the Committee of the Whole on the state of the Union.

THURSDAY, December 24. CHRISTOPHER GBEENUP, from Kentucky, appeared, was qualified, and took his seat.

Mr. SEDGWICK laid on the table a resolution,

Mr. HILLHOUSE was decidedly against the report. The reasons given by the member who spoke last, might apply to many other petitions as well as that on the table. The lodging of a claim could not have been either troublesome or expensive. There was no necessity for a journey of some hundred miles, for it might have been sent by post. He was convinced of negligence on the part of that, when the House adjourn this day, the PREGoodwin. Why did he not lodge his claim as di- SIDENT of the Senate, and the SPEAKER of the rected by the statute? It was said that he had House of Representatives, be authorized to adapplied personally to the public officer for pay-journ both Houses, respectively, till Monday next. ment; of this application, there was no proof. It was plead, that this was a strong case. If we agree on that account, there will soon be another so closely resembling the former, that it will be hard to point out the difference. Then we shall have a third, and so on, till the whole statute is in fact repealed. It would be much better to repeal the law at once. He had voted against allowing some claims, which he would otherwise have supported, but that the precedent would have had a general and dangerous operation. He was for adhering rigidly to the law.

Mr. DUVALL insisted that there was no neglect on the side of the petitioner. He regarded the people of the United States to be as much obliged to pay this debt, as any one against them. The vouchers had been left in the hands of the public officers, so that the blame did not attach to the private party.

On motion by Mr. MALBONE, the petition was

read.

Mr. GILES recommended that the House, without this formality, should at once adjourn themselves from Thursday till Monday. They were authorized to do so by the Constitution.

Mr. SEDGWICK preferred the idea of Mr. GILES, for his own opinion, but as some very respectable gentlemen entertained scruples on the point, he was willing to obviate them by his own resolution, as above stated.

As to the present adjournment, there was not, (Mr. GILES thought) much importance attached to the mode of it; but, as forming a precedent against the privileges of the House in future, it might be of consequence.

Mr. TRACY had been disposed for simply adjourning till Monday.

Mr. W. SMITH was of the same opinion.

The resolution of Mr. SEDGWICK was then negatived, and another for adjourning till Monday, when the House rises this day, was proposed by Mr. GOODHUE, and adopted.

Mr. HILLHOUSE then moved that, for one week Mr. Swire then contended that proper applica-to come, twelve o'clock shall be the hour of meettion had not been made by Goodwin; no case could ing. The reason for this alteration was, that the more justly come within the statute.

Mr. LYMAN was against the clause. Mr. GALLATIN rose to inquire if Mr. Cushing, as Continental Agent, was the proper officer to set

numerous committees into which the House is divided, may have leisure to prepare their reports. It was then moved, and agreed to refer to the Committee of Ways and Means, the estimates of

December, 1795.]

Lands in Northwestern Territory-Robert Randall.

appropriations for the support of Government, for the year 1796.

[H. OF R.

When the petition of Noble Benedict, James Clarke, and John Strawbridge, was read, which It was also moved that so much of the report of prayed compensation for their arrears of pay in the Secretary of State, of the 13th July, 1790, and the Continental Army, and which had been paid the Message of the PRESIDENT, of the 8th of Janu- in depreciated paper, a motion was made for grantary last, as relates to Weights and Measures, being leave to the petitioners to withdraw it. referred to a select committee; and Mr. HARRISON, Mr. SHERBURNE, and Mr. MACLAY, were appointed.

After receiving and disposing of a number of petitions

The report of the Attorney General, on the fees in the Courts of the United States, was committed to a committee of three members, to prepare and bring in a bill.

litia.

MONDAY, December 28.

ANDREW GREGG, from Pennsylvania, appeared, produced his credentials, was qualified, and took his seat.

Mr. GILES did not wish to bring the House into difficulties, but he wished, for the sake of information, to defer considering the case for a week, to which the House consented.

ROBERT RANDALL-CASE OF BRIBERY. attention of the House, for a moment, to a subject Mr. SMITH, of South Carolina, requested the of a very delicate nature. He understood that a memorial was, this morning, to be presented from On a motion by Mr. GILES, one member was added to the Committee of Ways and Means, and some individuals, applying for a grant of a large another to the Committee on Organizing the Mi-tract of Western territory, and as the House had referred all such applications to the committee for bringing in the Land Office bill, of which he was Chairman; and, as it was probable that the memorial, about to be presented, would be disposed of in the same manner, he conceived it a duty incumbent upon him to disclose to the House, at this time, some circumstances which had come to his knowledge. Mr. SMITH then said that, on Tuesday evening last, a person of the name of Randall called on him, requesting an hour of confidential conversation. In the interview which took place, Randall made a communication to the following effect: He intended to present a memorial, on the Monday following, to Congress, for a grant of all the Western lands lying between Lakes Michigan, Erie, and Huron, to the amount of about twenty millions of acres. He, and his associates, some of whom were Canada merchants, who had great influence over the Indians, proposed to form a company, and to undertake the extinction of the Indian title, provided Congress would cede to them the fee simple of the land. The property would be divided into forty shares, twenty-four of which should be reserved for such members of Congress as might favor the scheme, and might be inclined to come into it, after the ad

Mr. VENABLE, from the Standing Committee of Elections, reported that the committee had examined several other certificates and credentials of the members returned to serve in this House, and bad agreed upon a report, which he delivered in at the Clerk's table, where the same was read, and ordered to lie on the table.

Mr. VENABLE, from the Committee of Elections, laid on the table a resolution, that the committee should be empowered to take the depositions of the witnesses who cannot personally attend the committee, and that they should be authorized to point out the mode of taking such evidence. The resolution passed.

Mr. W. SMITH, from the Committee of Ways and Means, presented a resolution, that an appropriation of moneys be made, for the service of the Civil List, during the year 1795. It was referred to a Committee of the Whole House to-morrow.journment of Congress, on the same terms as the LANDS IN NORTHWESTERN TERRITORY. A petition from certain persons requesting lands in the Northwestern Territory, on which they stated that they had already made various improvements, was presented by Mr. FOSTER, read, and referred to the Committee of Claims.

The Clerk then proceeded with reading the report of that committee.

original associators. Randall himself had the disposal of twelve shares, for members from the Southern States, and a colleague of his, a like number for those of the Eastern States. A certain number of shares were to be the property of those Canada merchants, who had an unbounded influence over the Indians occupying those lands, and who would, if this plan succeeded, pacify those Indians, who were the most hostile to the The names of the petitioners are, Joseph Ca- United States; that Gen. Wayne's treaty was a teau. Francis Proctor, Noble Benedict, James mere delusion, and that, without the co-operation Clarke, John Strawbridge, William Morris, and of those influential persons, the United States others, legal representatives of Thomas Morris, would never have peace in that quarter. Mr. Jacob Shoemaker, Thomas Boyd, Andrew John- SMITH said that he communicated this overture, son, Jesse Coles, Jane Godfrey, Henry Shade, Isaac the next morning, to Mr. MURRAY, one of the Sherman, John Hollinshead, William M'Kie, Tris-members from Maryland, requesting his advice tram Coffin, and John Turner. The report was. in every instance, unfavorable. The House took up the report and agreed to it, with the exception of the cases of William Morris and John Turner, which were postponed to Monday next.

how to proceed on so delicate an occasion; that Mr. MURRAY recommended a disclosure to Mr. HENRY, of the Senate, and that, on a consultation with those gentlemen, it was resolved that it was Mr. SMITH's duty to make an immediate com