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itself, in which it would be proper to apply them to the uses for which they were intended. If it were allowed that there ever might be a possible case, he believed it would not be doubted that this was one-it is of so new and strange an extent merely to enforce the demand of confidential letters.

As to the State from which he came, he must at any rate declare, that he did not think the practice required any new extent, or to be reinforced by any aid to be derived from the little influence which might be supposed to attend his example.

He said, it is also peculiarly timed. It happens at a time when much has been said on the subject of disorganization, and the apprehensions of the country have been strongly addressed on that subject; that there is great danger of our Government's being too shackling; that it is the extreme from which we are to expect all our wo; that our Government will not be sufficient to give effect to the great principles of social order.

It is an instance also which occurs among public men, and among those from whom these things have been so often feared, and therefore will be more likely to be operative in its effects. They, from the eminence of their situation, have a better chance to descry those evils at a distance which they have been so long foreboding, and ought to be the first to control them, particularly among themselves. This treatment of them will probably be more regarded by others as an example. The control, when it operates upon Senators, it is hoped, will be effectual upon others.

He had for three reasons pretty advisedly, and he believed determinately, chosen his course to pursue on this occasion. He observed again, the case was so distinguished he should not forbear to make what he thought the best and most extensive use of it. This part of it had succeeded to his utmost wish. He thought the report of the committee was proper, and was glad to be informed that it was unanimous: it was all that could be done or expected on the subject in this place. This House is certainly not a place for punishment; and though the testimony of their disapprobation comes with great weight, yet confession of error with promise of amendment, and on some occasions a public reprimand, makes atonement for everything. He was sure, in this case, the latter would be improper he certainly never desired or expected it. So far as it concerned the relation to this House, it has done all that he could have wished: he felt perfectly satisfied.

The other relation which it regards, (he meant its relation to society,) is not less important, and should not less claim his attention.

It had been, he said, suggested to him, and it appeared probable to himself, that the personal risks to which he exposed himself, in the manner in which he had chosen to treat the subject, were greater than he could have encountered on any alternative. He could only say, that if he knew himself, such considerations would always have as little effect upon him as upon any man. He did not believe it was possible for an address to be made to his fears which should prevent his doing

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what he thought to be his duty. Instructed and prompted, he said, as he was at present, nothing but the loss of his life or the interruption of his natural powers, should prevent or delay him, on this occasion, from giving full effect to all the regulations on this subject which our society has seen proper to appoint.

The report was then agreed to.

THE SON OF LAFAYETTE.

Mr. LIVINGSTON called up the resolution, laid upon the table some days ago, respecting the son of Major General Lafayette; which, after a few observations, and an alteration in the form of it, was agreed to, as follows:

"Information having been given to this House that a son of General Lafayette is now within the United States

"Resolved, That a committee be appointed to inquire into the truth of the said information, and report thereon; and what measures it will be proper to take, if the same be true, to evince the grateful sense entertained by this country for the services of his father."

Ordered, That Mr. LIVINGSTON, Mr. SHERBURNE, and Mr. MURRAY, be appointed a committee, pursuant to the said resolution.

The House then resolved itself into a Committee of the Whole, on the resolution calling for certain papers from the PRESIDENT, which occupied it the remainder of the day, when the House adjourned till Monday.

MONDAY, March 21.

THOMAS SPRIGG, from Maryland, appeared, was qualified, and took his seat.

The petition of the Inspectors of Philadelphia, who were in the service of Government during the yellow fever, and the widows of those who fell sacrifices to that disease, praying for a compensation similar to that asked by the Clerks in the public offices during that time, was read and referred to the Committee of Claims.

Mr. SWANWICK informed the House that he had a letter in his hand which had been received from an American sailor, named Andrew Donaldson, by his brother William in this city, who had been pressed on board a man of war in England. As there was a committee appointed to adopt measures for the relief of that ill-treated class of their fellow-citizens, he should move that that letter should be referred to that committee, as it would not only be an additional proof of the distresses experienced by their seamen, but also show the inadequacy of the Consuls at present in that country to the assistance necessary to secure their seamen against British cruelty. It was referred accordingly.

A bill authorizing the Secretary of War to place certain persons therein named on the pension list, was read a third time and passed.

A bill for the relief of Henry Messoniere was read a first and second time, and ordered to be engrossed for a third reading to-morrow.

A bill for continuing in force an act for ascertaining the fees in Admiralty proceedings in the

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District Courts of the United States, and for other purposes, was read a second time, and ordered to be engrossed for a third reading to-morrow.

Mr. SEDGWICK wished the unfinished business to be put off, to take up the report of the Committee on Elections on the election of Mr. VARNUM; but, on its being objected to, it was suggested that Mr. S. would do well to inform the House of the substance of the resolution which he intended to bring forward, which he accordingly explained; and it was, that the report should be recommitted, and that the committee should ascertain a proper mode of taking evidence in the case.

The order of the day, on the resolution calling for papers from the PRESIDENT, was again taken up, and, after making some progress, the Committee had leave to sit again.

Mr. LIVINGSTON wished the House then to enter upon the bill for the relief of American seamen, as not likely to take up much time, and as calling for immediate attention; but the lateness of the hour was urged as an objection, and that it was probable considerable discussion would take place upon different clauses of the bill.

TUESDAY, March 22.

The memorial of Jacob Broome, of Wilmington, praying that certain duties may be taken off cotton manufactured in this country, and that an additional duty may be laid on imported cotton; and the petition of the Clerks in the Treasury Department who were in the service of Government during the yellow fever, for recompense for their services, were severally read, and referred, respectively to the Committee of Claims and to the Committee on Commerce and Manufactures. A bill for the relief of Henry Messoniere, and a bill for continuing in force a bill for ascertaining the fees in Admiralty process in the District Court, and for other purposes, were read a third time and passed.

The Committee of Revisal appointed to inquire into the number of Clerks employed in the different public offices, reported the number employed in each, their services, and the sums paid to each; and that, after due inquiry, they found an additional number wanted, in order to facilitate public business.

Mr. NEW, Chairman of the committee appointed to prepare a bill for laying certain duties on carriages for conveying persons, and for repealing a former act for that purpose, presented the bill; which was read twice and ordered to be commit ted to a Committee of the Whole on Monday

next.

The House then took up the order of the day on the resolution for calling for papers from the PRESIDENT relative to the British Treaty, on which they spent the remainder of the day.

WEDNESDAY, March 23.

[MARCH, 1796.

house on Baker's Island, in the State of Massachusetts; which was read the first and second time, and committed to a Committee of the Whole House to-morrow.

Mr. SAMUEL SMITH, from the Committee appointed, presented, according to order, a hill declaring the consent of Congress to a certain act of the State of Maryland, and to continue an act declaring the assent of Congress to certain acts of the States of Maryland, Georgia, and Rhode Island, and Providence Plantations, so far as the same respects the States of Georgia and Rhode Island, and Providence Plantations; which was read the first and second time, and ordered to be engrossed and read the third time to-morrow.

Mr. GOODHUE, from the Committee of Commerce and Manufactures, presented, according to order, a bill for the relief of George Knowel Jackson; which was read the first and second times, and ordered to be engrossed, and read the third time to-morrow.

PAY OF THE ARMY.

Mr. DEARBORN said, there was reason to believe that the Army had not been paid according to the act which had been passed that they should not be more than two months in arrears. There was ground to believe, he said, that they had been much longer in arrear; he wished, therefore, an inquiry might be made into the reason of the neglect, in order to remedy the evil. He therefore submitted a resolution to this effect, viz:

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Resolved, That a committee be appointed to inquire whether that part of the act, entitled An act, in addition to an act making further and more effectual provision for the protection of the frontiers of the United States,' which requires that the Army be paid, in future, in such manner that the arrears shall at no time exceed two months, has been complied with; and, if not, from what cause the failure has arisen."

The resolution was agreed to, and-Ordered, That Mr. DEARBORN, Mr. SAMUEL SMITH, and Mr. GILMAN, be appointed a committee, pursuant to the said resolution.

The House then took up the resolution calling upon the PRESIDENT for papers in relation to the late Treaty, and spent the day therein.

THURSDAY, March 24.

The engrossed bill, declaring the consent of Congress to a certain act of the State of Maryland, and to continue an act declaring the assent of Congress to certain acts of the States of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the States of Georgia and Rhode Island, and Providence Plantations, was read the third time and passed; as was also the bill for the relief of George Knowel Jackson.

A message was received from the Senate, returning the bill for ascertaining fees in Admiralty proceedings, with amendments, in which it desired the concurrence of the House.

Mr. GOODHUE, from the Committee of Com- The House then took up the resolution calling merce and Manufactures, presented, according to upon the PRESIDENT for papers in relation to the order, a bill authorizing the erection of a light-Treaty with Great Britain, when the question

MARCH, 1796.]

American Seamen.

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was taken upon the resolution and carried-yeas debate, the Committee rose, and had leave to sit 62, nays 37; and a committee was accordingly again. appointed to wait upon the PRESIDENT therewith. [For the entire debate upon this subject see ante, from page 426 to page 783.]

Mr. HARPER laid on the table a resolution to the following effect:

"Resolved, That provision ought to be made by this House for carrying into effect the Treaties lately concluded between the United States and the Indian tribes, with the Algerines, and with Great Britain."

THURSDAY, March 25.

Mr. LIVINGSTON informed the House that the committee appointed to wait upon the PRESIDENT, with the resolution passed yesterday, requesting certain papers relative to the Treaty lately concluded with Great Britain, had, agreeably to their appointment, waited upon the PRESIDENT therewith, and received for answer, "that he would take the request of the House into consideration."

A bill making certain provisions respecting the Circuit Courts of the District of North Carolina, originating in the Senate, was twice read, went though the Committee of the Whole, and the House, and was then read a third time.

The amendments made by the Senate to a bill for continuing in force an act to ascertain the fees in District Courts in Admiralty proceedings, were read and agreed to.

The report of the committee to whom it had been referred to inquire whether any, and what, alterations ought to be made in the present Military Establishment, was read, which recommended that the present Military Establishment ought not to exceed 3,000 men. The report was read a second time. and ordered to be committed to a Committee of the Whole on Monday.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate, and

of the House of Representatives:

MONDAY, March 28.

A letter to the SPEAKER from Mr. GABRIEL DUVALL, one of the members for the State of Maryland, was read, by which he resigns his seat in the House of Representatives, in consequence of his being appointed a Judge of the Supreme Court of that State.

A bill from the Senate, entitled "An act supplementary to an act to provide a Naval Armament,". was read twice, and ordered to be committed to a Committee of the Whole to-morrow.

Mr. W. SMITH, Chairman of the Committee to whom was referred the Land Office bill, reported a new bill, which was twice read, and ordered to be committed to a Committee of the Whole on Wednesday.

AMERICAN SEAMEN..

The bill for the relief and protection of American seamen was read a third time, and the blanks filled up; the one allowing the PRESIDENT to receive a certain sum annually, for the purpose of paying the agents, &c., was filled up with fifteen thousand dollars; that for the price which sailors are to pay for certificates with twenty-five cents; that for a penalty on sailors buying or selling certificates with fifty dollars; and that for a security to be given by masters of vessels with four hundred dollars.

When the motion was about to be put on the passing of the bill. Mr. LIVINGSTON said he hoped the bill would pass unanimously; if not, he should wish to have the yeas and nays taken upon it. But the SPEAKER informed Mr. LIVINGSTON that no condition could be made on the subject; he made the motion which was carried.

Mr. Cort rose and said he was against the passing of the bill. The bill, he observed, had been introduced and carried thus far with such a flame of patriotism, that he felt some reluctance at exI send herewith, for your information, the translation pressing an opinion against it; but being perof a Letter from the Minister Plenipotentiary of the suaded of its impropriety, he would not give a siFrench Republic to the Secretary of State, announcing lent vote upon it, even though he should be alone the peace made by the Republic with the Kings of in his opposition. There could be no doubt that Prussia and Spain, the Grand Duke of Tuscany, and American seamen had been impressed and very the Landgrave of Hesse Cassel; and that the repub-grossly abused. Every member in that House, he lican Constitution, decreed by the National Convention, had been accepted by the people of France, and was in operation. I also send you a copy of the answer given, by my direction, to this communication from the French Minister. My sentiments, therein expressed, I am persuaded will harmonize with yours, and with those of all my fellow-citizens.

G. WASHINGTON.

UNITED STATES, March 25, 1796. The Message and Letter were read, and ordered to lie on the table.

The House then went into a Committee of the Whole, on the report of the Committee of Elections on the petitions of certain citizens of the second district in the State of Massachusetts, against the election of Mr. VARNUM. After considerable

doubted not, was disposed to adopt measures for their relief; they differed only as to the means of accomplishing the object. It appeared to him that the first part of the bill which directed that certain agents should be appointed was extremely improper. The PRESIDENT was better capable of judging than the House could be of the propriety of sending agents, and he had ample powers for the purpose without any Legislative interference, unless as to the expense. If the PRESIDENT, indeed, was inattentive to his duty, there might possibly be a propriety in stimulating him to it, but no gentleman accused him. Conceiving, therefore, that it was an improper interference in that House to direct the PRESIDENT what he should do in that respect, he should oppose the measure;

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he thought nothing farther was necessary to be done by them than to appropriate a sum of money for defraying the expense. So much for the first part of the bill; on the latter, he objected to the manner of obtaining evidence of who were American citizens. He thought the proposed plan too loose. Difficulties had presented in contemplating the subject in the Legislature before, but on the one hand the proof of citizenship should be ren-jection against the mode of taking evidence, that dered so strict as to make it hard to obtain, and on the other so loose that it would not be expected that it would be regarded; he did not know that the difficulty could be removed without a Convention between the two nations for the purpose. The evidence required by the present bill was of several kinds; it might be reduced to one. A sailor must go with one credible witness before any Justice of Peace on the Continent, and swear that he is a citizen; that he was born in America, or that he resided there in the year 1783, and the evidence is complete. This he thought too broad a mode, and liable to abuse; foreigners coming but yesterday into the country might take advantage of it. What is to be the effect of these certificates? The naval officer is to enter the persons who receive them in a book as citizens of the United States, of which their certificates are to be full proof. He believed these certificates would have little effect to secure against foreign impressment; yet, apprehending they would have as much respect paid to them there as at home, he thought we could have little cause to complain about it, and who would say that these certificates would be deemed complete evidence of citizenship here? if there were such evidence this bill would supersede all other regulations with respect to naturalization.

Mr. LIVINGSTON said the objections which were now urged had been made in a Committee of the Whole on this subject. They were not then thought to have sufficient weight; nor did he think they would have greater effect now than they had then. With respect to the first objection, that the business of creating offices to be filled by the PRESIDENT for carrying into effect this bill, was an encroachment upon the Executive department, as all relations with foreign States must be managed by the PRESIDENT; and that, therefore, the present bill would be a kind of reproach upon the PRESIDENT. A slight recurrence to the Constitution would convince gentlemen that the PRESIDENT had no such power. He read the clause in the Constitution, wherein it is stated that the PRESIDENT shall appoint Ambassadors, other public Ministers, and Consuls, &c., and insisted that the agents proposed to be employed under this act did not come within the description of officers above enumerated; and, if not, the PRESIDENT had no right to appoint such until authorized by law to do so. As to the proceeding being a reproach of the Executive, he did not think it necessary to go into that inquiry, it would have no tendency to harmonize the different branches of Government; but this he knew, that the most violent and oppressive abuses existed. If an investigation might raise animosities, let them avoid

it. They knew it was in their power to remedy the evil, and should they not do it, because it might throw an oblique censure on the PRESIDENT? Mr. L. said the fact proved that the PRESIDENT understood the Constitution as he did, for otherwise their sailors would ere now have been relieved; but he waited for the instruction of that House in the business. With respect to the obit is too loose, and that respect will not be paid to it by foreign nations, and to the question could they blame them if they disregarded it? He was sorry to hear such a question put in that House. Yes, exclaimed Mr. L., they could blame them; they ought to blame them, and remonstrate with them, whenever they took their men. The gentleman's reasoning seemed founded on a right in foreign nations to seize their men, and to take them on board their ships, whilst every such act was founded on the grossest violation of the rights of nations. He had, on a former occasion, shown that every man sailing under the American flag, whether he was a citizen or otherwise, was entitled to their protection; he still maintained the same opinion, and could demonstrate it to the satisfaction of every gentleman in that House; the vessels of the United States, he said, was as much the Territory of the United States, as the ground of the Territory itself. Where, then, was the right to plunder their ships? The mode of taking testimony, he thought, had been better guarded than they had a right to make it. They were not arguing whether the British had a right to take their men; but they were pointing out a method of designating American seamen. We are weary, said he, of their oppressions; and when they see us determined to defend and protect our seamen, they will beware how they offend a great nation; they possessed the means of doing this. He believed their enemies knew it, (for he could not call a nation who used them as a foreign nation had done by any milder name.) It was on this account that he wished the bill to pass unanimously-to show them that the energy of Government would be called forth to protect their injured rights.

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Mr. MURRAY said he should vote for the bill. It had always been a favorite with him, and he gave credit to the gentleman from New York for having brought it forward. He thought the object a laudable one; not that he believed it would be completely attained, as the subject-matter of it related to laws over which they had not complete control-the Laws of Nations. The experiment will give the result. He questioned whether they should be enabled to place seamen in a situation to which they were entitled. It could only be attained by perseverance in negotiation. One principal motive of the bill was, that sailors might be in the habit of obtaining evidence of their citizenship. Not that he expected any thing which they could do would force foreign nations from practices which they had been so long used to. One part of the bill he had his objections to; he meant the amendment which rendered citizens of neutral nations as much objects of protection as their

MARCH, 1796.]

American Seamen.

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to be afforded to their sailors from the appointment of the agents proposed. The account which would be in future kept of their seamen would be found to be of the greatest advantage. It was necessary that every maritime State should know the number of their seamen, as upon them, in a great measure, depended their strength; and it was impossible to ascertain this in any other way than by the register of certificates proposed to be kept. The certificates which would be issued would be descriptive of the kind of citizenship of its possessor, and would show which of their citizens were respected and which were not. If the British pay a greater respect to natives than to foreigners, it will be an encouragement to American seamen. Merchants will take apprentices, and endeavor to raise native seamen, since no dependance could be placed upon foreigners. A great deal of the effect of this bill, Mr. S. said, would depend on the unanimity with which it passed. He hoped it would be seen that when a bill came before that House for the protection of their seamen that it was not carried by the voice of a majority only but by an unanimous vote.

own citizens. The arguments used for its introduction, and pursued by the gentleman from New York, are, in the latter gentleman's own words, (which he considered as somewhat too strong a figure) that their ships at sea were as much their Territory as their land. He knew that such an idea might be found in books, but it could not be carried into effect. If he supposed one of their vessels at sea a part of the Territory of the United States, one-half of the rights at present possessed by belligerent nations would be destroyed. The ships of nations at war had a right to search the ships of neutral nations, to see whether they had enemies' property on board, and if they found such to claim it. However he might wish to see the rights of nations established, he did not think they could be carried to the extent proposed. If the amendment made by the gentleman from Virginia passed with the bill, it would be cutting the United States out a great deal of business. He wished to confine their protection to their own citizens at present, and as they grew in strength they might then endeavor to protect neutrals. This part of the bill he objected to as being brought forward at a time by no means favorable to an He did not mean to throw out any insinuations endeavor to increase their national rights. He against any branch of the Government in this budid not wish at present to interfere with disputa-siness. He did not think that would answer any ble rights. He was afraid the gentleman from New York would find his third distinction of citizens (viz: those who have come to this country since 1783) attended with immense difficulties, as the British would not allow the claim-for they claimed such as their own subjects.

Mr. LIVINGSTON rose to justify the figure he had made use of in calling their ships at sea as much their Territory as their land. He restricted it, he said, to the taking neutral sailors from on board their ships, and this he yet maintained. It had been said that it was improper to extend their protection at present to the natives of other countries on board their ships. He had never before heard it questioned that neutrals on board their ships had not the same right to protection with their own citizens. What right did any two belligerent Powers possess over neutrals sailing in neutral ships? What right had the British to take a Dane or a Swede from an American ship? What nation ever pretended that they had a right to take foreigners out of neutral ships? And if never pretended to, why object to that part of the present bill which allows them protection? He was told that difficulties would arise with respect to one description of their citizens; if they did, he said, the blame would not be theirs, and it would be a subject for future discussion.

Mr. SWANWICK wished to make a few observations on the bill before them. It was not expected, he said, that any measure could be so provided for the relief and protection of their seamen as that it should not meet with objections from some members in that House; but he could not help praising the candor of gentlemen who, though they did not approve of the bill in all its parts, agreed to give it their vote. He did not himself think the bill wholly perfect, but he thought it advisable, by all means, to pass it. He did not expect entire relief

good purpose. It was their object to inquire out their own duty, and to do it. Their table was crowded with letters to prove the impressment and ill-treatment of their seamen. They were called upon to afford them relief, and it would always be an honorable business for that House to step forward to relieve the distresses of their fellow-citizens; they held the purse-strings of the nation, and they could not loosen them for a better purpose than to relieve such of their fellowcitizens as essentially needed their aid. He hoped, therefore, other gentlemen who might not think well of every part of the bill, would feel for the objects of it, and follow the example of the gentleman from Maryland in giving it their vote.

Mr. GALLATIN felt, at first, a reluctance in giving his assent to the present bill, because it laid the foundation for expense in a department, in which expense had already been too great, and in the next place, because it did not put the efficient power in the Executive; but, notwithstanding these objections, he should give his assent to the bill. Their present situation was well understood. It was a fact well established, that officers under the authority of Great Britain had impressed American seamen from on board their own vessels. This, it could not be denied, was a violation of the Law of Nations, and an act of hostility; and, when an act of hostility was committed against them, it was their duty, as a nation, to take notice of it either by war or negotiation. War was the last and most dangerous resource, and justifiable only when every pacific means had been tried in vain. Negotiation had been resorted to; yet they knew that no article had been stipulated in the late Treaty with Great Britain in respect to their seamen, and they also knew what was the objection to the admission of such an article. That nation said to us, "your seamen speak the same language,

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