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section, which gave an opportunity to persons holding military warrants to pay them for one-seventh part of any purchase they might make of these lands, as giving too great an advantage to persons holding those warrants.

Mr. DAYTON Said, it had been agreed by a former Congress, to set apart certain lands for satisfying military claims. Two millions and a half acres of that land had been taken away from the United States by the late Indian treaty, so that there was now an insufficiency to answer the claims. The committee appointed to bring in this bill, thought some attention due to these claims. His opinion had been asked on the subject, and he had given it in favor of the plan proposed; and as there remains now only one million of acres, one half of which is good for little, to satisfy the military claims which was not more than half the necessary quantity, if all good, but being half of it bad, not more than one-fourth of what is necessary, he was persuaded that the committee would agree to do the claimants justice, by giving them a share in the present land. He owned he was, in some degree, interested in this subject.

Mr. KITCHELL Spoke in favor of retaining this section.

Mr. WILLIAMS had no objection to grant the bounties mentioned, but it was never intended, he said, that these warrants should have the very best parts of this land. Suppose land sold for seven dollars an acre, (which he believed it would,) in every 700 acres, 100 would be paid for in warrants, which the soldiers had sold for a mere trifle. The honorable gentleman had said he felt himself interested. He, also, felt interested, but he wished to legislate for the whole. If there be not land enough set out, let more be appropriated; but to take one-seventh part of the price of this land in warrants, was giving a greater advantage to holders of warrants than ought to be given. He wished Government to be perfectly faithful, but he did not wish speculators to have an unreasonable advantage.

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was glad when an opportunity presented itself of doing them justice: That these warrants should be received as part of purchases, would be advantageous to the sale of land, render the warrants valuable, and be a small reward for past services. Instead of voting to strike out, he should be for enlarging the provision, so as to give the holders, particularly original holders, the greatest advantage.

Mr. FINDLEY said, if he thought it would do service to soldiers, he should not object to the clause in the bill, but he did not know a single soldier who had one of them. He said there was already land appropriated for the purpose, and if not enough, he was willing to appropriate more. This is not the first time, he said, that they had heard the claims of soldiers, when the money was intended to go into the pockets of speculators.

Mr. DEARBORN said, that these lands were promised many years ago, and if soldiers have sold their warrants, it has been because their patience has been exhausted in waiting the fulfilment of the engagements of Government; but there are many who have not sold their warrants. Yet, said he, if we go on to put off the satisfying of these claims, it will induce those who still have warrants, to sell them for what they can get. In laying off two millions of acres more, in addition to the one million which remains, much time and expense would be thrown away. It might be said that his situation should prevent him saying much on that question. He thought it necessary, however, to deliver his sentiments on the subject.

Mr. DAYTON said that, as it had been doubted whether any warrants were now in the hands of the original holders, he rose to inform the Committee that he had forty-seven of these warrants belonging to officers and soldiers who had earned them with their blood and wounds. They were sent to him to have them laid upon the tract of land ceded to the Indians; but, said he, if confined to the single million of acres now only appropriated, the value of the warrants are gone. Is this the way, exclaimed Mr. D., in which gentlemen, Mr. DAYTON said, the plan proposed by the under cover of preventing the advantage of spegentleman who spoke last would be more expen-culators, would reward their brave soldiers! He sive than that proposed by the present bill, as two millions of good land must be set apart for the purpose. What does the argument, of military warrants covering land worth seven dollars an acre, amount to? If the purchaser, who had obtained military warrants from soldiers at a low price, comes into the market to buy these lands, will he not give more for them, knowing that his warrants will be taken in part payment, and thereby increase the price of the land? The fact was, he said, that whenever there were any alterations proposed, with respect to the late Army, they have always been injured. He referred to several instances as proof of his assertion.

Mr. HARPER said, that he was in favor of the section remaining in the bill, and upon the same ground as the mover alleged for striking it out, viz: for the advantage of persons holding military warrants. He thought the soldiers in the late Army had received too little recompense, and he

had said he was interested, so he was; for he had a warrant in his own name, but not in the way in which the gentleman from New York was interested, for he knew not that he had served in the Army. He should speak his mind on the subject, he said, but would not vote.

Mr. COOPER spoke in favor of the clause of the bill.

Mr. FINDLEY said, no one intended to injure the Army. It was time enough to complain when injury was done. Members could not be supposed to injure the Army, because they did not choose to enter upon new plans, in their opinions calculated to favor speculators.

Mr. WILLIAMS said, in a debate of this kind, where all were interested, the less said the better He should not have risen again, had it not been doubted whether he had served in the Army. He would inform the honorable gentleman that he had so served; that, for many years, when he lay

1

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Northwestern Land Offices.

[MARCH, 1796.

tion which would deprive him of the opportunity of doing so.

down on his bed, he seemed yet to have arms in his hands. He said, in the State of New York, warrants were bought for a mere trifle; he had Mr. NICHOLAS observed that the bill would bought some of them. All that can be demand- again come into a Committee of the Whole. ed, was a faithful discharge of the obligation of Mr. KITCHELL proposed to amend the motion Government. It had been said that the admis-by striking out the word "seventh" and leaving it sion of these warrants would increase the price blank; which was agreed to. of the land, but he did not think so; it would increase the price of the warrants only. If, said he," that the Attorney General shall superintend the a discrimination could be made between real holders and purchasers, he would go any length in satisfying the claims of the soldier.

Mr. KITCHELL Spoke in favor of the clause of the bill.

The Committee now rose, reported progress, and the House adjourned.

THURSDAY, March 4.

Mr. NICHOLAS moved a clause to this effect:

Land Office at the Seat of Government of the United States, and that the PRESIDENT be authorized, by and with the advice and consent of the Senate, to appoint an agent for the sale of the lands in the Northwestern Territory."

Mr. W. SMITH wished the motion to be divided. He had no objection to the latter part of it, but a very material one to the former. It would require consideration how far they could with propriety lay this duty upon the Attorney It was moved and carried that the unfinished General, as it was not contemplated in his apbusiness should be postponed to take up the billsiderations as to the fitness of the officer alluded pointment. It would also involve personal conproviding for a partial appropriation towards the to for the business. Besides, he said, it would be Military Establishment for 1796, when the House interfering with the duties of the Executive to resolved itself into a Committee of the Whole, appoint a superintendent under this bill-a power and reported the bill without amendment. It af- which, he conceived, was vested in the PRESIterwards went through the House, and was orDENT to nominate and the Senate to appoint. The dered to be engrossed for a third reading on Attorney General, he said, had special duties to Monday. Mr. LIVINGSTON moved that the unfinished bu- perform, and he did not think he would have leisure sufficient to attend to this subject. Besides, siness might again give way, to take up the consideration of the resolution laid upon the table on States, he was obliged to follow his own practice, not being sufficiently compensated by the United Wednesday, requesting the PRESIDENT OF THE with which an appointment of this kind would inUNITED STATES to lay before the House certain terfere. He thought the business of the Land Ofdocuments relative to the Treaty lately concluded fice would require all the attention of a special between this country and Great Britain; but, on be- agent, and that it would be impossible to be transing informed by members near him, that the go-acted by any existing officer. It was true, for the ing through the Land Office bill would take up but little time, he consented to withdraw his

motion.

NORTHWESTERN LAND OFFICES.

first year, there might not be much to occupy an agent, but afterwards the business would be very considerable. He moved, therefore, to strike out the first part of the proposition.

Mr. NICHOLAS thought the objections urged The House then resolved itself into a Commit-against his motion of little weight. They went tee of the Whole, on the bill for establishing Land to this, that whenever Government wanted any Offices for the sale of the Northwestern Territory, new service performed, a new officer was to be when the motion for striking out the section al- employed, though it were not calculated to emlowing military warrants to be received as one-ploy one-tenth part of a person's time. If they seventh part of a purchase, being put, was lost by a considerable majority.

Mr. DAYTON (the Speaker) wished to introduce an amendment in the section respecting the allowing of a certain portion of military claims to be received, viz: to strike out the words 'one-seventh,' and introduce 'one-sixth.' His reason for making this amendment was, that he had found, on inquiry, that a great part of the million of acres mentioned yesterday, as remaining towards satisfying military claims, was also ceded.

Mr. WILLIAMS said he should oppose that amendment when the bill came before the House; for the present he should waive his objections.

Mr. DAYTON wished the gentleman, who seemed to be principally opposed to this clause, would state his objections now, that he might have an opportunity of replying to them, as, when the bill came before the House, he should be in a situa- I

went on multiplying officers, he said, the United States would scarcely hold them. Congress had already acted upon a similar plan to that which he proposed with respect to the Sinking Fund. The office, he said, would be a mere superintendence. But they were told that, though there was not business at present, there would be sufficient to employ an agent wholly a year or two hence. He would say that the officer he mentioned was competent to the duties. It had been said that he had not sufficient emolument. Suppose, then, they were to add to it $1,000 or $1,100 for doing this new business. To this, he said, he would pledge himself, that he would do the business well, or say he could not do it.

Mr. VAN ALLEN observed that it had been said, that though the business will not at present fully employ an agent, it will do so hereafter. He thought it never would be sufficient to employ a

MARCH, 1796.]

Northwestern Land Offices.

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special agent. If the present motion did not pre- amendment.] Notwithstanding that, Mr. G. said, vail, (which he wished might not,) he read one it was at present a part of the bill. It appoints which he intended to move in its place. He was officers. He believed that House had no right to of opinion that all money paid for land should be create new officers, but they might lay new duties paid into the Treasury of the United States, and upon old officers. The PRESIDENT had not only that the Secretary of State, by keeping an addi- the power to appoint, but to remove officers; and, tional clerk, might superintend the business. He therefore, if he thinks the officer incompetent to did not think there was either occasion for two of- fulfil an office he may remove him. The motion ficers, or for one; but that the business would be of the gentleman from Virginia was not so much much cheaper and more regularly transacted in to appoint a new officer as to lay new duties upon the way he proposed. some existing officer. He wished an alteration to take place in the motion so as to conform to that idea.

Mr. NICHOLAS said his only view was to prevent a special officer from being appointed. He had no objection to leave the officer a blank, so that any existing officer might be employed.

Mr. W. SMITH said his objections were stronger than before to the motion; for, if any officer was employed, he would prefer the Attorney General, but objected to the House filling the office at allit was not their business. He would much rather agree to the proposition of the gentleman from New York. The gentleman from Virginia had referred to the Commissioners of the Sinking Fund as a proof of the interference of that House in the appointment of officers. There was a material difference between the two cases, though he did not approve of the practice in that instance. He understood they were to give a salary, declare who should be superintendent, and, by saving a few hundred dollars, perhaps have the business ill done. If the salary of the Attorney General was not sufficient, he would consent to give him more. But, said he, does not the present proposition lead to a species of favoritism, of selecting particular officers for duties, to increase their salaries? He wished to have the business done either in the Department of State, or appoint a special officer to do it.

Mr. FINDLEY thought the business of the Land Office ought not to be connected with that of the Attorney General; for, said he, it might happen that the Attorney General would be wanted to prosecute the agent, which, if they were united in one person, it would be seen could not be done. It would be best, he was of opinion, to lay the duty on the Treasury or Secretary of State.

Mr. W. LYMAN saw nothing inconsistent in laying the duty upon some existing officer, as there could not be sufficient business for a special agent. He mentioned several instances in which this practice had been followed. Indeed, he said, it was the first time he had ever heard of the principle being controverted. He did not know whether the business might be referred to the Commissioner of the Revenue, if the Attorney General declined it.

Mr. GALLATIN apprehended that the objection of the gentleman from South Carolina to the motion went more to the manner than the substance. His objection is, that it is an assumption of power in this House to appoint an officer. No motion, he said, had been made to strike out the first section of the bill. That section goes to the establishment of two offices. [The Chairman said that the first section of the bill had been passed over by consent, but he understood it was to undergo

Mr. NICHOLAS acknowledged the justness of the last member's observations, and said, the first section remaining in the bill was the cause of his putting his motion in the form in which he brought it forward.

The motion for striking out a part of Mr. NiCHOLAS's motion was put and negatived; and, on the original motion being put, it was lost-there being for it 35, against it 38.

Mr. KITTERA moved the following clause to the second section: “Provided that the real, and not the magnetical points shall govern the survey."

Mr. VAN ALLEN thought that this amendment would make the survey liable to many difficulties. Mr. KITTERA said he was not a practical surveyor. He had however conferred with men very able to give him information on the subject, and was informed that this method of surveying would be of essential service. The lines run in this way would be certain and permanent, and as easily run as magnetical ones, which were subject to the variation of particular compasses, and that other variation which takes place at different times and in different places, which has not yet been satisfactorily accounted for.

Mr. GALLATIN thought there could be no objection to the amendment. He supposed that the Surveyor General would have had this power, if it had not been provided for. He said it was impossible to survey exactly by the magnet, as they varied from each other, and from year to year.

Mr. FINDLEY hoped no one would be prevented from voting for this clause from an idea of difficulty. He said the art was so easy as to be taught to any surveyors of moderate capacity in one evening. He was, therefore, for the motion.

Mr. PAGE said, that except this plan of surveying was adopted, great confusion might be introduced into the business. He believed the plan was perfectly practicable, and would be attended with the greatest advantage. The motion was carried.

Mr. VAN ALLEN proposed a section in place of the first, which, after some discussion and alteration, finally took the following form:

to ascer

"Be it enacted, &c., That a Surveyor General shall be appointed, whose duty it shall be to engage a sufficient number of skilful and expert surveyors, to enable him on or before the ———— day of tain the outline of all that part of the land lying Northwest of the river Ohio, in which the title of the Indian tribes is extinct, and which have not already been disposed of by the United States, and to lay out the same in manner hereafter directed."

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The Committee, having gone through the bill, rose and reported the bill with its amendments. The House then took it up, and went through the bill and amendments, which were all agreed to, without debate, except that appointing the method of surveying, which met with considerable opposition, but which was finally agreed to.

The bill was then recommitted, and four members added to the select committee to whom it was referred.

COMPENSATION TO MEMBERS, &c.

A communication was received from the Senate, with a bill, which originated there, for the relief of persons imprisoned for debt; which was read a first time. Also, the bill for allowing compensation to members of both Houses, &c., which they had agreed to with ore amendment, viz: the striking out the word next, and inserting in its place in the present year.

REGULARITY OF MAILS.

Mr. W. SMITH said frequent complaints bad been made of the miscarriage of letters to and from the Southern States, and it was of considerable consequence that these miscarriages should be remedied. He believed the Eastern mails were very regular, and it was a desirable thing to have the Southern equally so. In order to inquire into these complaints, he proposed a resolution to the following effect, which he wished to be referred to the proper committee:

"Resolved, That the committee to whom is referred the business relative to Post Offices and Post Roads be directed to institute an inquiry whether any, and what, impediments exist in the conveyance of the Southern Mail, and, if any, the cause thereof."

This resolution was agreed to.

THE SON OF LAFAYETTE.

[MARCH, 1796.

The bill for making a partial appropriation for the Military Establishment of 1796, was read a third time and passed.

The bill for the relief of persons imprisoned for debt, was read a second time, and ordered to be committed to a Committee of the Whole.

Mr. TRACY moved that several reports of the Committee of Claims on the cases of invalids, might be taken up, in preference to the unfinished business before the House.

AMERICAN SEAMEN.

Mr. HARPER thought it necessary to make a correction of what he had said on the debate respecting the subject of American sailors. He had said that Mr. Cutting had never released one seaman, whereas he has since found by a report on the subject, that he obtained the release of many. He had also seen a copy of a letter from Major Pinckney, in which it is said that considerable services were done by him to American seamen. He mentioned these circumstances in order to do away any impressions that might have been made by his assertion in the late debate.

THE TREATY WITH GREAT BRITAIN. Mr. LIVINGSTON wished, before that business was gone into, to take up the consideration of the resolution which he laid upon the table some days ago respecting the gaining of information from the PRESIDENT on the subject of the Treaty; but if the House did not wish immediately to take up the subject, he hoped he might be permitted to make an amendment to the resolution, which had been suggested to him as proper, by gentlemen for whose opinion he had a high respect, in order to prevent any embarrassment in the Executive on account of any papers which he might not think proper to give up as relating to some existing negotiation; he therefore proposed the following ex

Mr. LIVINGSTON laid a resolution to the follow-ception to follow the resolution: ing effect on the table:

"Resolved, That a committee be appointed to inquire whether the son of Major General Lafayette be within the United States, and also whether any, and what, provision may be necessary for his support."

A resolution was also laid on the table respecting a tract of land purchased by John Cleves Symmes, in the Northwestern Territory.

MONDAY, March 7.

66

excepting such of said papers as any existing negotiation may render improper to be disclosed." After a few observations from different members on the propriety of taking up the consideration of the resolution, it was determined first to go into the business proposed by Mr. TRACY, and the amended resolution was laid on the table.

CLAIMS OF INVALIDS.

The House having formed itself into a Committee of the Whole, the report of the Committee of Claims on the cases of invalids, which allows them such a proportion of relief as their different cases appeared to merit, was read and agreed to.

A petition of the proprietors of a glass manufactory of Boston, praying for a bounty, or such other assistance as Congress might please, for the encouragement of their manufacture, and an additional duty on all window glass imported above a certain size, was read and referred to the Com-in every instance complied with the necessary remittee of Manufactures and Commerce.

A communication from the Secretary of the Treasury, enclosing certain statements, in pursuance of resolutions of the House, prepared by the Commissioners of the Revenue, respecting the Internal Revenues of the United States, with his report explanatory thereof, was read and ordered to be printed.

Mr. TRACY said that the committee had allowed a number of claims, though claimants had not

gulations in every particular, being of opinion that the failures had not arisen from any intention of evading the law, but from a want of knowledge. Considering that the testimony which they had provided must have been attended with much difficulty and some expense, and that as the law soon ceased to exist no further claims could be made, they thought it best to place them on the list.

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There was, however, one class of claimants which they could not place on the list, as the examining physician had omitted to make a return of the ratio of their disability. The committee had provided a resolution to give them an opportunity of making good their claims, and that they may not suffer by an omission of the physician, they recommend that their allowance should take place from the time they had completed the testimony on their part.

The House went through the consideration of the report, which was agreed to, as follows:

Resolved, That the Secretary of War be directed to place on the list of invalid pensioners of the United

States, at the several rates annexed to their names, re

spectively, the following persons, viz: [Here follows the names.]

[H. OF R.

after, or at the time of such receipt, make return thereof, with such observations as he may think proper to subjoin, that the proper order may be taken thereon by Congress.

Ordered, That a bill or bills be brought in pursuant to the first and second resolutions, and that the Committee of Claims do prepare and bring in the same.

THE TREATY WITH GREAT BRITAIN.

[The debate on the subject of the Treaty with Great Britain, and of the Constitutional powers of the House with respect to Treaties, having occupied the time of the House nearly every day for a month, (commencing the 7th of March and ending on the 7th of April,) it is deemed preferable, and as being more acceptable to the reader, to present the whole in one body consecutively, rather than to spread it in detached parts intermixed with other subjects, through the general proceedA full pension to a commissioned officer shall be con- ings of each day. This debate, as here given, possidered the one-half of his pay. And the proportions sesses a character for authenticity and correctness less than a full pension are to be the proportions of half-which does not belong to the Newspaper reports

And that the Secretary of War be guided by the following rules, viz :

pay.

A full pension to non-commissioned officers, musi- of the day, it having undergone the careful revicians, and privates, is to be five dollars per month; and sion of the Speakers themselves. The debate the proportions less than a full pension are the proporwhich took place on making provision for carrytions of five dollars per month. The pensions shall being the Treaty into effect, will be found subsepaid in the same manner as invalid pensioners are paid, quently, in the proceedings of each day as the who have been heretofore placed on the list, and under subject came up before the House.] such restrictions and regulations, in all respects, as are prescribed by the laws of the United States in such cases provided.

2. Resolved, That the Secretary of the Department of War do also cause to be placed on the pension list of the United States the following persons, at the rates annexed to their names, respectively: [Here follow the names.]

And that a full pension to a commissioned officer shall be considered the one-half of his pay at the time of being wounded, and the proportions less than a full pension are those of such half-pay. And that a full pension to a non-commissioned officer and private is five dollars per month, and the proportions less than a full pension are the proportions of five dollars per month. The pensions to be paid in the same manner as invalid pensioners are paid, who have heretofore been placed on the list, under such restrictions and regulations, in all respects, as are prescribed by the laws of the United States in such cases provided.

3. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary for the Department of War return to the respective District Judges the names of all such persons as have been transmitted to him by the several District Judges, pursuant to the act for the regulation of claims to invalid pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability, together with such defective returns of physicians.

And the said District Judges, respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the same physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, who shall, at the session of Congress holden next 4th CoN.-15

On the second of March, Mr. LIVINGSTON, after stating that the late British Treaty must give rise in the House to some very important and Constitutional questions, to throw light upon which every information would be required, laid the following resolution upon the table.

"Resolved, That the President of the United States be requested to lay before this House a copy of the instructions to the Minister of the United States, who negotiated the Treaty with the King of Great Britain, communicated by his Message of the first of March, together with the correspondence and other documents relative to the said Treaty."

MARCH 7.-Mr. LIVINGSTON said he wished to

modify the resolution he had laid on the table, requesting the PRESIDENT to lay before the House sundry documents respecting the Treaty. It was calculated to meet the suggestions of gentlemen to whose opinions he paid the highest respect, and was founded in the reflection that the negotiations on the twelfth article were probably unfinished; and therefore, he said, a disclosure of papers relative to that or any other pending negotiation, might embarrass the Executive. He wished, therefore, to add, at the end of his former motion, the following words: "Excepting such of said papers as any existing negotiation may render improper

to be disclosed."

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