MARCH, 1796.]

Impressment of American Seamen.

solution, he said, went to two objects: the first, that of inquiry into the state of American seamen, might be attained by an agent appointed by the PRESIDENT; but so far as relates to obtaining relief, it is necessary for the Legislature to appoint an agent. To show that this distinction was a good one, he said, there was now a proposition made either to the House, or to the Committee of Ways and Means, for the appointment of an official agent to go to Holland. This shows the opinion of the Executive on the subject. Unless, therefore, it was meant to prosecute the proposed inquiry by means of the Consuls, the amendment must be rejected. It was not necessary to designate the residence of agents; indeed, it appeared matter of doubt whether they had power to appoint an agent to reside in the British Colonies in the West Indies. He should wish the terms to be general, leaving the particular places of residence to be fixed upon afterwards. He wished, therefore, the words for appointing agents to be

retained.

[H. OF R.

tresses of sailors, he could see no reason for appointing agents. Nor was he prepared to go into the question, until he was conscious there had been remissness in the Executive.

Mr. WILLIAMS observed, that he was opposed to the amendment, because it would not, in his opinion, extend to the relief intended. But he did not suppose the Executive had been remiss in duty, or any officer in the Government; or that the Minister in a late negotiation did not exert himself to prevent the abuses complained of; but finding every measure heretofore adopted ineffectual, ought they not to point out some other mode? Whilst the evil exists, let not, said he, our fellow-citizens languish under British cruelty and oppression. The resolution, as reported in its present state, contemplates the appointment of agents to reside in the most proper places, to receive information, and pursue such measures as prudence shall dictate. This method, said he, will be a guide to the PRESIDENT; and the will of the Legislature will be carried into execution; but if the amendment prevails, it will then leave the resolution upon such general principles as to afford no specific direction; will add nothing to the authorities which the PRESIDENT now possesses, nor give any new direction, and will therefore leave the business exactly where it was found.

Mr. SEDGWICK said, he was yesterday prevented from attending the House by indisposition. The subject struck his mind, he said, in several points of view which had not been noticed. He was surprised why the business was undertaken in the way it was. No description of men, he said, were more entitled to regard than seamen; but this did not reconcile the adoption of the subject in the Mr. S. SMITH should not have risen again, had manner proposed. The Executive, he was of it not been for what had fallen from a member opinion, would consider itself as charged with from Massachusetts. That gentleman said we this business. An agent who is neither Consul had Consuls everywhere; but he believed they nor Minister, is an instrument unknown, an unde- had Consuls scarcely anywhere. He answered fined character-a character that would not be what had fallen from a member from Massachurecognised. It was impossible, he said, for any setts respecting the inquiry at the office of the two agents, one in Great Britain and the other in Secretary of State; members in that House, he the West Indies, to gain information of the suf- said, too frequently bottomed their arguments on ferings of seamen in different parts of the two the credit of the PRESIDENT; he believed no man countries, particularly in Great Britain. He called had a higher value for him than he had; but it upon gentlemen to say whether they had ever was enough for him that the unfortunate men heard of such a character as they were proposing whose cases they were considering needed relief, to create? He said America had Consuls in every to join in bringing forward the present subject; part of the world; and if they have not, they nor, in doing this, did he mean to reflect on the ought to have salaries for the business. Why Executive. He touched upon several arguments appoint agents, and what authority will they have? which he used yesterday, and concluded, by citWere there, Mr. S. asked, any information before ing a number of hardships experienced by Amethe House of remissness of duty in the Execu-rican seamen from the cruelty of the British. tive? He was of opinion all due care had been Mr. GILBERT wished not to precipitate this mattaken for the protection and security of citizens ter until the necessary information could be got of the description alluded to. Had no inquiry from the Secretary of State. He wished the Combeen made of the Secretary of State on the sub-mittee to rise.

ject? It was well known that neutral nations Mr. SEDGWICK explained, and mentioned five will always be exposed to injury whilst war ex- Consuls in England. isted. Insolence of office, he said, would serve to Mr. SWANWICK explained the nature of the Conwiden breaches of this sort, and American citi-sular character, and said, though there were five zens speaking the same language with the Eng- in England. there were none at the seaports lish, were more than others liable to injuries. where the British ships of war principally lay, Mr. S. noticed the different kinds of American viz: Portsmouth, Chatham, Sheerness, &c., nor citizens, and of the difficulties arising from the any in Scotland or Ireland. In the West Indies doctrine of inalienable right, supported by the there was no Consul; and it was necessary to English; and observed that when two countries have attention paid to Halifax and Bermuda, each claim a right to a man, no means but force where many American seamen lie. The expense was left to decide between them. He concluded, in effecting this business, he said, would be conby observing that whilst this country had Con- siderable; but this was no objection; it was a suls whose business it was to attend to the dis-measure necessary to preserve to the country the

H. OP R.]

Impressment of American Seamen.

[MARCH, 1796.

different amendments, it was agreed to, with an amendment, proposed by Mr. SWANWICK, to strike out the words "West Indies," in order that Halifax and Bermuda might not be excluded.

The report, thus amended, is in the following words:

lives and usefulness of a valuable body of men. tions with respect to the propriety of two or three Mr. S. next alluded to what had been said about the proposed agents being of a nondescript character, and believed the British would treat them with as much respect as any other officer of the American Government. No reflection was meant by this view of it to be thrown upon any body: they sat there, he said, as legislators, and when they talked about hurting the feelings of such and such officers, he thought they were misspending their time. The present measures, Mr. S. said, were not only calculated to produce relief for present sufferers, but prevention from future evils, by giving certificates to every citizen seaman : and he hoped this would induce merchants to take apprentices to the sea-faring business; and by that means build up a valuable body of seamen, which will be of greater wealth to the coun-release, and to render an account of all foreign impresstry than the mines of Mexico or Peru. He concluded, by supporting the original resolution, and against the amendment.

Mr. GILBERT explained.

Mr. HILLHOUSE believed the great diversity of opinion on the subject before the House, arose from a wish to determine upon the best possible way of serving the class of men who were the object of their present inquiry. It has been said that America had only five Consuls in England. but surely these five Consuls would be better able to do the business in question than one solitary agent. He thought a Consul General might be appointed, who should have the power to call upon all other Consuls for assistance to carry into effect the business upon which he was commissioned.

Mr. JEREMIAH SMITH proposed to combine the two places of agents and Consuls together. by leaving it optional with the PRESIDENT, which plan he thought best in each particular case.

Mr. MADISON again urged the propriety of adopting the plan of agents, in preference to Consuls, and showed that in adopting this plan, they could not be considered as wanting in respect to the Executive, since they would be doing no more than their duty.

The question being called for, the amendment was lost-being 33 for it, and 52 against it.

The original resolution was then carried, after striking out the words "such part of."

The second clause being read, Mr. GOODHUE and Mr. JEREMIAH SMITH remarked upon the difficulties which would attend the registering of seamen. They were replied to by Mr. LIVINGSTON, who was of opinion it was perfectly practicable. In speaking of the different kinds of American citizens, Mr. L. spoke of those who were natives of other countries, but who had sought an asylum under the American Government, and quoted a great number of ancient and modern authors, and even some English acts of Parliament, to prove that "man has an inherent right to go into whatever country he pleases, and by residing there, and conforming to its laws, become a citizen thereof." After which, the report was agreed to, and the Committee rose. It then underwent a consideration in the House, and after a number of observa

"Resolved, That provision ought to be made for the support of two or more agents, to be appointed by the President of the United States, by and with the advice and consent of the Senate; the one of which agents shall reside in the Kingdom of Great Britain, and the others at such places as the President shall direct; whose duty it shall be to inquire into the situation of such American citizens as shall have been, or hereafter may be, impressed or detained on board of any foreign vessel; to endeavor, by all legal means, to obtain their

ments of American citizens to the Government of the United States.

“Resolved, That proper offices ought to be provided, where every seaman, being a citizen of the United States naturalization, or residence within the United States, (on producing evidence, duly authenticated, of his birth, and under their protection, on the third day of September, one thousand seven hundred and eighty-three) may have such evidence registered, and may receive a certificate of his citizenship."

suant to the said resolutions; and that Mr. LivOrdered, That a bill or bills be brought in, purINGSTON, Mr. BOURNE, Mr. SWANWICK, Mr. S. SMITH, and Mr. W. SMITH, do prepare and bring in the same.

WEDNESDAY, March 2.

A bill for making a partial appropriation for the Military Establishment for the year 1796, was read a first and second time, and committed to a Committee of the Whole to-morrow.

It was moved that the consideration of the Land

Office bill, which was the order of the day, should be laid aside, to take up the consideration of the subject of the Naval Equipment; but after some observations for and against the postponement, the sense of the House was taken, when there appeared for it 27, against it 41.

Mr. BOURNE wished a Letter that had been mentioned to have been received from the War Office might be read. It was produced and read accordingly. It contained an account of the materials wanted, the money expended, and what would yet be required to complete the building of the frigates. Referred to the Committee on the Naval Equipment.

Mr. LIVINGSTON said, that it was generally understood that some important Constitutional questions would be discussed when the Treaty lately concluded between this country and Great Britain should come under consideration; it was very desirable, therefore, that every document which might tend to throw light on the subject should be before the House. For this purpose, he would move the following resolution :

"Resolved, That the President of the United States be requested to lay before this House a copy of the in

MARCH, 1796.]

Indian Trading Houses-Northwestern Land Offices.

structions given to the Minister of the United States who negotiated the Treaty with Great Britain, communicated by his Message on the first instant, together with the correspondence and other documents relative to the said Treaty."

Ordered to lie on the table.

INDIAN TRADING HOUSES.

[H. OF R.

posed to carry into effect the bill in question should be given up to the sole direction of the PRESIDENT, or whether that House would direct how it was to be disposed of. It was the first time, he said, that a proposition had been made that the PRESIDENT should be allowed to give salaries ad libitum. The bill provided that six thousand dollars should be paid for salaries, but it would be Mr. PARKER moved that the unfinished business very improper that the whole sum for carrying might be postponed, to take up the consideration the act into effect should be put in the power of of the report of the select committee to whom the Executive. He said he had never any sanwas referred the amendments of the Senate to the guine expectations from this bill, but had no obbill for establishing trading houses with the Indianjection to the experiment being tried. tribes. The House agreeing to this question, the report and amendments were read, when

Mr. PARKER, one of the committee, gave the reasons which induced them to recommend to the House to disagree to the amendments of the Senate. He said they went to alter the principle of the bill. The bill took precautions to prevent Government from suffering loss, but one of the proposed amendments puts it in the power of the PRESIDENT to alter the price of merchandise, as he may think proper. The bill fixed the sum of six thousand dollars for the payment of six agents, which was thought both by the late and present Secretary at War to be sufficient; but the Senate has struck out the clause, and left it to the PRESIDENT to appoint as many agents and to pay them what sum he pleases. The bill has directed that offenders against the act shall be tried and punished in the vicinity where they live; but the Senate propose that offenders shall be taken and tried anywhere. It may be said that offences against this act would be of the same nature as a debt; but, he said, to be so tried, would take away the great privilege of the Habeas Corpus act; that it was one of the grievances complained of when this country was under British Government, that they were removed into that country to be tried. The principle of these amendments, he said. amounted to this, that the PRESIDENT should sell goods at what price he pleased, give what salary he chose to agents, and try offenders against the act where he thought proper.

Mr. SEDGWICK hoped the amendments would be considered separately.

The first amendment being read, respecting the appointment of agents

Mr. JEREMIAH SMITH believed it was right to limit the power of carrying into effect this bill, but thought six thousand dollars too small a sunr to be allowed for agency. He said it was contemplated to have six trading houses, and it would be necessary that each should have a clerk, who would expect five hundred dollars, so that there would remain only three thousand dollars for the six agents. He supposed an alteration would therefore be necessary in the sum. As a conference would most likely take place between the two Houses, he thought it best to disagree to the amendment, in order that the clause might be differently modified.

Mr. HILLHOUSE again spoke in favor of the PRESIDENT's appointing the agents, in order that he might employ them in other business, and by that means save an expense to the public.

Mr. MILLEDGE was of opinion that the agents, appointed under this act, should be confined to the business of it alone.

Mr. DEARBORN said it would require a very different person to be employed in a trading house from those employed in distributing articles to the Indians, the act for authorizing which he believed expired this session. He thought the sum would be fixed for salaries; but he thought six thousand dollars far too little, and he believed it should be twelve thousand,

The motion being put, on agreeing to the report of the committee to reject the first amendment, it was carried. The other amendments were severally put, and, after a few remarks, four of them were agreed to, and four rejected; and the Clerk was directed to acquaint the Senate therewith.

Mr. HILLHOUSE hoped the House would agree to the amendment. He saw no inconvenience in leaving it to the PRESIDENT to appoint agents and fix their salaries, as they might be employed in other business, which, at present, persons are specially employed to transact, under a former act. Mr. PARKER said, this act was meant to intro-auction being under considerationduce a friendly intercourse with the Indians, and ought to have no connexion with any other busi

LAND OFFICES N. W. OF THE OHIO.

The House resolved itself into a Committee of the Whole, on the bill for establishing Land Offices for the sale of the North Western Territory. The amendment proposed for selling the land by

ness.

Mr. BALDWIN said he was in favor of the amendment. He was not disposed to encourage, in his own mind, too great suspicions of the integrity of Some observations took place between Mr. J. individuals; but it is not to be forgotten, said he, SMITH, Mr. PARKER, Mr. SEDGWICK, and another in making the provisions of this land law, that it member, on the propriety of the wording of one of is to be carried into operation in times singularly the clauses of the bill, which was at length allow-exposing it to a mercenary and unfaithful execued to be right. ion. We must temper our laws to what we see Mr. GILES said the question was, whether one o be the state of the country. Philosophers and hundred and fifty thousand dollars, the sum pro-politicians, in some ages, have made such success

H. OF R.]

Northwestern Land Offices.

[MARCH, 1796.

rest. If the map was looked at, he said, it would appear to be most convenient not to dispose of the whole at once, but only particular parts. He thought the bill should describe such parts of the land as should be sold.

ful addresses to human nature, on the subject of would prevent competition in bidding. The bill honor, virtue, patriotism, and regard to the public was objectionable, as it contemplated only one interest, that reputable men despised appearing to plan; if the whole of the land is not sold by the be governed in their actions by pecuniary consider-present plan, there is no provision for selling the ations; but philosophers and politicians with us have of late made their most importunate and successful addresses to other passions, and have excited the insatiable sordid passion of avarice to an unusual degree. Speculation and making money are rarely found in a more raging extreme, and Mr. MOORE thought that if a mode was adopted persons whom we have supposed worthy of our for persons inclined to purchase to offer their proconfidence and esteem, publicly practising the posals in writing, unsealed and open to inspection, meanest and most disgraceful arts and tricks of for the small lots, it would afford the best opporswindling; and instead of being exhibited to pub-tunity of suiting persons who might wish to belic infamy in the pillory, they show an unblushing come settlers. front in a very different situation. When such men, said he, are publicly patronized and treated with respect, it is necessary to take care how we suffer the execution of our land law to depend on

the disinterestedness of an individual.

Mr. COOPER was in favor of selling by auction. No man, he said, would be at the trouble and expense of exploring the country without some certainty of purchasing. But if the bill remained in its present form, a farmer might travel and explore these lands, and when he goes to the sacred Land Office, with his money in his hand, the agent might easily inform some favorite speculator what was the highest sum offered, so that he might advance some trifle upon it. Why, said he, adopt a secret plan, when an open one can be adopted with greater advantage? He referred to the State of New York, as a proof of the preference due to the public mode of selling.

Mr. KITCHELL said he was one of the committee who brought in the bill, and at that time he thought the plan proposed the best; but from what he had heard advanced on the subject, and from seriously considering the matter, he was now of opinion that a sale by auction would be best. He knew there were objections to be urged against that mode of selling, but he trusted they would be mostly ob

viated.

Mr. HILLHOUSE also said, from observation and reflection, he was now in favor of selling the land by auction. He hoped that salt springs and other valuable lots would be reserved for the use of Government. He had no idea of bringing the whole of the land into the market at once, and would therefore preserve that clause of the bill which makes two dollars the lowest price at which any part of the land shall be sold. He would have offices opened to which applications should be made for any lot of land that might be chosen, which should be advertised and publicly sold; and he would have no parcel of land offered for sale, which was not fixed upon by some person, and then there would always be a certainty of one bidder at least. By this means, he doubted not, a good price would be got for all the best tracts of land.

Mr. ISAAC SMITH was in favor of selling by vendue, as he hoped it would preclude the possibility of deception or fraud.

Mr. HAVENS spoke in favor of public sales, but, he said, if the minimum price was set too high, it

Mr. Corr wished to make a motion to strike out the whole of the section. It was his opinion they ought to proceed no further in the business, until they had caused a survey of the land to be taken. It was unfortunate for the House that they were legislating on a subject upon which they had very little information. In the course of the next season, he said, the land might be surveyed, and important advantages would arise from it, in the sale of the land, by the quality of soil, situation, &c., being distinctly marked on the map. The sale might then be regulariy entered upon. At present he thought the House had too little knowledge of the land to fix upon such a plan of sale as shall produce the greatest advantage.

Mr. NICHOLAS thought that the present was the time to dispose of the land, when speculation was at so high a pitch. The fixing upon a plan of surveying would take up as much time as the selling of the land. They would be perfectly safe, he said, in selling by auction, and fixing a minimum price; and no error, he was of opinion, could take place in the sales.

Mr. W. LYMAN hoped the section would not be struck out. The advantage of selling at present was great, owing to emigration, and if the land be not sold, it will be taken possession of without sale; and if settlements begin on that principle, it will deprive the United States of great advantages.

Mr. DAYTON (the Speaker) said, it was well known to gentlemen that there was plenty of land to be purchased, whether Government agreed to open a Land Office or not, and except in providing for a survey, a sale is also provided for, the consequence will be, that persons will buy land of others, who have it to sell in the neighborhood of these lands. Another thing: as the sale of this land respected revenue, so far from providing a revenue by the plan of surveying proposed, a certain great expense will be incurred. The present emigrations, he said, were great, and likely to increase, from the opening of the Mississippi and other causes. The object should be, he said, to hold out inducements to these people to wait for these lands. He was in favor of the mode of selling by auction; but, as that was not at present the subject before the Committee, he should wish the section to remain, in order to consider the amend ment.

Mr. KITCHELL said, that the speediest manner

Mr. GALLATIN said that it had now been agreed that the land should be sold by auction, and that no lot should be sold for a less price than two dolMr. COOPER wished the House might not deter-lars per acre. If in order, he would move a promine to fix the lowest price of the land at two dollars per acre. Many millions of acres were now selling, he said, on the Ohio, for three shillings on long credit. He thought if the minimum price was fixed at ten shillings, it would not affect the price of good land.