MARCH, 1796.]

measure.

inroad on the duties of the PRESIDENT, that though the question important, as it was, whether, by inhe had intended to vote for the passing of the bill, troducing a new name, they should totally alter he could not agree to do so, except that section the thing itself. If they referred to the Constituwas struck out. The bill would begin equally tion, they would there find that all foreign relawell with the second section. How far would tions were given to the Executive. He recollectthis alteration affect the bill? It would only af- ed that, in the first Congress, a bill was reported fect the first principle, which directed the PRESI- which received the approbation of the House, proDENT to send agents into foreign countries, which. viding intercourse with foreign nations. It auin his opinion, were clearly public Ministers. thorized no officer, it only authorized the PRESI Though he could hardly think of opposing the DENT to satisfy the officers appointed by the Congentleman from Virginia [Mr. MADISON] who was stitution; but it was rejected. The PRESIDENT, so profoundly versed in the Laws of Nations. It some time ago, appointed an agent to go to the appeared to him that gentleman had formed an West Indies, and was there a man who thought erroneous idea that the PRESIDENT was an officer the appointment unconstitutional? What, then, of Government, and not one of its branches, spring-was the meaning of Minister? It was another ing from the same root with that House, viz: the word for agent. Consuls and Ambassadors were sovereignty of the people. He had sundry rights Ministers; they had Ministers of justice, and placed in him, amongst which were the appoint- the officers in all the departments of Government of Ministers, &c.. but that House were about ment were Ministers also. Any man who exeto enjoin on him a duty, as if he was merely an cutes an office must be called a Minister. For, officer. If the bill were recommitted, and this if, by changing a name, that House could cre amendment were to take place, he doubted not ate new officers, the consequence would be, that that unanimity would prevail in adopting the the offices appointed by the Constitution would themselves be destroyed. The Government had been established for seven years, and till now he had never heard it contended that all foreign business was not vested in the Executive. There was no foreign business whatever, he said, but might be transacted by an Ambassador, Minis ter, or Consul. By an authority placed in the PRESIDENT and Senate by the Constitution, they were appointed to carry on all foreign relations. But, if, in this instance, said Mr. S., by the alteration of a name, you can create offices, and take from the Executive the power which the Consti tution has given him, you may control the whole business of Government, as respects foreign relations, and put it in a new train. Would any man undertake to read the Constitution, and say that there was any foundation to be found there for such a doctrine as this? He declared he wished the objects of the present bill to be attained as much as any man. Indeed, he believed, most of the sailors of this country belonged to the State which he had the honor to represent. He supposed they had three times the tonnage of any other State, and their sailors were mostly native Americans. But when gentlemen begin, by de claring the existence of a power in that House to appoint Governmental agents, he must oppose the doctrine; since he was persuaded that, if there was any truth in the Constitution, it was, that the creation of Ministers of every kind was placed in the Executive. Viewing the matter in this light, it was impossible he could conform to the bill, unless that principle was conceded.

Mr. NICHOLAS observed that gentlemen had said that the present measure was unconstitutional, ant therefore unnecessary. They were mistaken. If the PRESIDENT had the power he had always sufficient funds in his hands to relieve their impressed seamen; but they all know they had not been relieved. He agreed that they could rely upon the PRESIDENT as much as upon any man; but he thought it would be going beyond a compliment, to make the alteration proposed in the present bill. They were told they were encroaching on the duty of the PRESIDENT; he believed the Constitution said the contrary. The gentleman from Maryland might have spared his censures on those who supported this bill as endeavoring to narrow the Executive power; he might, with the same propriety, say, that there were gentlemen who seemed to think that there was no occasion for any other power than that of the PRESIDENT. There was no ground for such charges. So far as he knew the Constitution, the present quibble upon the article giving the PRESIDENT certain powers with respect to the appointment of public officers had no weight. It would be a nice assertion to say that offices should not be created by the Legislature; the PRESIDENT, it is allowed, has the power of appointing officers; but was there a word in the Constitution relative to the creation of officers? No; he believed all that was meant by the Constitution was, that the PRESIDENT should have the power of appointing ail officers. He did not believe the agents meant to be employed under the present act, were at all of the nature of those Mr. S. SMITH insisted that the practice now mentioned in the Constitution as under the ap-contended for with respect to agents had been pointment of the PRESIDENT; they were occa- adopted in various instances, particularly with sional and temporary agents, to act in unison respect to Indian affairs, and could not see why with their Consuls; and it was neither contrary to gentlemen should be so tenacious of the Execu the spirit nor letter of the Constitution, as no pub-tive department of the Government. lic character was meant to be given them to the British Government.

Mr. GILES said, the present bill was opposed on Constitutioal ground. Gentlemen had declared Mr. SEDGWICK had no intention of taking up it to be the object of the supporters of the bill by much time of the Committee, though he believed I changing a name to alter the Constitution. Minis

H. OF R.J

American Seamen.

[MARCH, 1796.

him and his friends with respect to the appointment of agents. When an agent was wanted to be sent over to Holland for the purpose of negotiating a Loan there, a letter was received by the Committee of Ways and Means, from the Secreing an agent on the occasion. But if the PRESI DENT had thought he had such a power, he would have appointed an agent, without making application to that House. It appeared, therefore, that when a special agent was to be appointed, he was not considered as a public Minister. The agent, in the case he had referred to, was to inquire who were the proper persons to execute money transactions in the Government of Holland; the agent, under the present bill, was to make inquiries respecting the impressment of their seamen. This duty would not be diplomatic, but a mere simple agency. The fact he had stated ought to repel all further objections as to the appointment of agents in this business.

ters and Consuls had been spoken of. These, he said, had always business with foreign Powers; but that contemplated in the present bill will have no such business. It was not merely the name. therefore, but the substance, which was different. They would not have the smallest relation to for-tary of the Treasury, on the propriety of appointeign Powers; they would be appointed to attend to their own citizens, and the only thing in which they could have any resemblance to Ministers was their residence in a foreign country. He was not surprised that there should be just now peculiar sensations in the House respecting the Executive authority; otherwise, he believed the me idea was exercised in the India bill before referred to. The objection was, therefore, merely quibble arising from their present situation. At another time, the circumstance would not have been noticed. He thought that great ingenuity bad been used to make the objections which were urged against the bill, but which he apprehended, would have little weight in opposing the passing of the bill.

Mr. SEDGWICK wished to state a fact relative to the business with the Indians, which had been introduced. When that bill was under consideration, he made a motion to strike out the number of agents to be appointed, and they were struck qut accordingly. That bill, he said, was managed on the ideas which he had suggested on the present occasion. Indeed, if ever there was a principle well established, it was that which he now urged.

Mr. GILBERT hoped the motion for a recommitment would prevail. Though he was as much friend of the objects of the bill as any one, yet he was persuaded that there would be found many objections to the present bill which were not at present foreseen. But he should be willing to risk all its defects to an experiment, yet he doubted exceedingly the propriety of passing the first clause of the bill in its present form. He was not satisfied in his own mind upon the subject. But he thought it would tend to harmonize the opipions of different gentlemen if it were recommitted. He did not recollect that the objections now made, were made in the Committee of the Whole upon the resolution; he did not, therefore, consider the majority before taken as conclusive, because he thought the objection was now against the first clause of the bill.

Mr. W. LYMAN insisted upon the right of that House to create the offices contemplated by the present bill. He said they were frequently told to beware of usurping power. He could not tell what this arose from; he was sure there was as little to be apprehended from them as from either of the other branches of Government. In short, he believed there existed the loudest calls for the set in question, and believing the House had the power which they were about to exercise, he should vote for the bill. And he thought the opposition which had been raised to the measure in this late stage, had more the appearance of destroying the bill than anything else.

The question was then taken upon recommitting the bill, which was negatived-yeas 23, nays 68.

The question was then put on the passage of the bill, and decided in the affirmative-yeas 77, nays 13, as follows:

YEAS.-Theodorus Bailey, David Bard, Abraham Baldwin, Lemuel Benton, Thomas Blount, Benjamin Bourne, Theophilus Bradbury, Richard Brent, Nathan Bryan, Daniel Buck, Dempsey Burges, Samuel J. Cabell, Gabriel Christie, Thomas Claiborne, John Clopton, Isaac Coles, Jeremiah Crabb, Henry Dearborn, George Dent, Samuel Earle, William Findley, Abiel Foster, Jesse Franklin, Nathaniel Freeman, Jr., Albert Gallatin, Ezekiel Gilbert, William B. Giles, James Gillespie, Nicholas Gilman, Benjamin Goodhue. Andrew Gregg, Christopher Greenup, Wade Hampton, George Hancock, Carter B. Harrison, Robert Goodloe Harper, John Hathorn, Jonathan N. Havens, John Heath, DaJackson, John Wilkes Kittera, Edward Livingston, niel Heister, James Hillhouse, James Holland, George Matthew Locke, William Lyman, Samuel Maclay, Nathaniel Macon, James Madison, Francis Malbone, John Milledge, Andrew Moore, Frederick A. Muhlenberg, Anthony New, John Nicholas, Alexander D. Orr, John Page, Josiah Parker, Prancis Preston, Robert Rutherford, John S. Sherburne, Israel Smith, Isaac Smith, Samuel Smith, William Smith, Thomas Sprigg, John Swanwick, Absalom Tatom, Mark Thompson, John E. Van Allen, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, Peleg Wadsworth, John Williams, and Richard Winn.

NAYS.-Joshua Coit, William Cooper, Henry Glen, Chauncey Goodrich, Roger Griswold, William Hindman, Samuel Lyman, William Vans Murray, Theodore Sedgwick, Samuel Sitgreaves, Nathaniel Smith, Zephaniah Swift, and Uriah Tracy.

Resolved, That the title of the said bill be, "An act for the relief and protection of American seamen ;" and that the Clerk of this House do carry it to the Senate and desire their concurrence.

TUESDAY, March 29.

Mr. GALLATIN wished to mention a fact to show Mr. MUHLENBERG presented a memorial of sunthat the PRESIDENT was of the same opinion with dry inhabitants of Newcastle, stating that they had

MARCH, 1796.]

Treaty with Spain-Contested Election.

erected two piers by means of a lottery, but that, owing to the advanced price of materials and labor, they could not erect a third without public aid, and prayed, therefore, that one of the four additional piers ordered to be erected in the bay and river Delaware, might be erected opposite to Newcastle.

The memorial was referred to the Secretary of the Treasury to report his opinion thereupon.

Mr. SEDGWICK presented memorials from the inhabitants of Kingston and Hancock, in the State of Vermont, against the election of ISRAEL SMITH, and in favor of the pretensions of MATHEW LYON, which were read, and referred to the Committee of Elections.

[H. of R.

tition of sundry inhabitants of the second middle district of Massachusetts, (complaining of an undue election and return of JOSEPH BRADLEY VARNUM as a member of this House,) asking instructions with respect to receiving evidence in that case; and the House having formed itself into a Committee of the Whole, entered upon a discussion of the resolution of Mr. SEDGWICK for recommitting the report, and directing the committee to point out a proper mode of receiving evidence in the case, a long debate took place, which, not being concluded, the Committee had leave to sit again.

WEDNESDAY, March 30.

A petition was presented of sundry messengers from the frontiers of Georgia, praying for a grant A petition from Zachariah Cox and others, and office-keepers in the Treasury Department of money, as a loan, to carry on an intercourse praying that they may receive additional compen- with the Indian tribes, under certain conditions, sation to reimburse the extraordinary expenses

which they incurred in discharging their official was read and referred to the Committee of Comduties, during the calamity in the city of Phila-merce and Manufactures. delphia, in the year one thousand seven hundred The bill authorizing a Loan for the city of Washand ninety-three, where they remained at the great ington, and the bill for erecting a light-house on personal hazard of themselves and families. Re-Baker's Island, went through Committees of the ferred to the Committee of Claims. Whole House, and were ordered to be engrossed for a third reading to-morrow.

TREATY WITH SPAIN.

The House went into a Committee of the Whole

The following Message was received from the House on the report of the Committee of Claims, PRESIDENT OF THE UNITED STATES:

Gentlemen of the House of Representatives :

to whom was referred the petition of Maria Butler; and, after sometime spent therein, the Committee rose and reported the following resolution:

“Resolved, That the provisions for widows and or phans of commissioned officers of the troops of the Unit

ed States, contained in the first section of the law of the

I send, herewith, a copy of the Treaty of Friendship, Limits, and Navigation, concluded on the 27th of October last, between the United States and His Catholic Majesty. This Treaty has been ratified by me, agree-United States, passed the seventh of June, one thousand ably to the Constitution; and the ratification has been despatched for Spain, where it will doubtless be imme-dition to the act for making further and more effectual seven hundred and ninety-four, entitled An act in addiately ratified by His Catholic Majesty.

This early communication of the Treaty with Spain has become necessary, because it is stipulated in the third article, that Commissioners for running the boundary line between the Territory of the United States and the Spanish Colonies of East and West Florida, shall meet at the Natchez, before the expiration of six months from the ratification. And as that period will undoubtedly arrive before the next meeting of Congress, the House will see the necessity of making provision, in their present session, for the object here mentioned. It will also be necessary to provide for the expense to be incurred in executing the twenty-first article of the Treaty, to enable our fellow-citizens to obtain, with as little delay as possible, compensation for the losses they have sustained by the capture of their vessels and cargoes by the subjects of His Catholic Majesty, during the late war between France and Spain.

Estimates of the moneys necessary to be provided for the purposes of this and several other Treaties with foreign nations and the Indian tribes, will be laid before you by the proper Department.

G. WASHINGTON.

UNITED STATES, March 29, 1796.

The Message and Treaty were referred to the Committee of the Whole on the state of the Union.

CONTESTED ELECTION.

ed States,' be extended to the widows and orphans of provision for the protection of the frontiers of the Unitcommissioned officers in the troops of the United States,. and of the militia who have died by reason of wounds received since the fourth day of March, one thou sand seven hundred and eighty-nine, in the actual service of the United States; provided application shall be made, within after the end of the present session of Congress."

The resolution was agreed to, and the Committee of Claims ordered to bring in a bill.

The House resolved itself into a Committee of the Whole on a bill, in addition to an act for supporting of Public Credit, and for the redemption of the Public Debt; but not coming to any conclusion, the Committee had leave to sit again.

THE BRITISH TREATY.

A Message was received from the PRESIDENT or THE UNITED STATES, in answer to the resolu tion calling for papers in relation to the Treaty, which was read, and ordered to lie on the table. [For this Message, see ante, page 760.]

CONTESTED ELECTION.

A great part of this day's sitting was consumed by the consideration of the report of the Committee of Elections, to whom were referred the meThe order of the day was called for upon the morials and petitions of sundry electors of the sereport of the Committee of Elections, on the pe-cond middle district of the State of Massachu

The report of the committee was in the follow-by Messrs. VENABLE, W. LYMAN, DEARBORN, ing words:

The Committee of Elections, to whom were referred the petitions of sundry persons of the second middle district of the State of Massachusetts, complaining of an undue election and return of Joseph Bradley Varnum, as a member of this House, have, according to order, proceeded to examine the petitions, and the documents that accompany them. They have also received from Aaron Brown, a petitioner, a paper purporting to be a specification of the facts relied on to support the charge, and praying for a general power to take evidence in support thereof; which is as follows:

"A statement of facts to be proved by the peti

tioners.

"1st. That one hundred and eighty-five votes were returned by the Selectmen of Dracutt, and counted by

the Governor and Council."

SWANWICK, NICHOLAS, GALLATIN, and S. SMITH. The principal arguments used in support of the resolution were, that the facts stated in the petitions and documents were sufficiently explicit; that the facts, if proved, were material, for, as Mr. VARNUM had only a majority of eleven votes, if twenty-three out of sixty votes charged to be illegal, were proved really so, they would invalidate the election; the possibility of proving the facts was shown in a variety of ways, and the modes of conducting the elections in the State of Massachusetts explained; that when facts were alleged sufficient to set aside an election, if proved, it was the duty of that House to prescribe modes of takinentioned in which modes of taking evidence had ing them in evidence; (several instances were "2d. That, of those, sixty were illegal and bad-fif- been prescribed;) that the names of the illegal ty-five ballots or votes being received and certified by the voters could not be obtained, no list being kept of Selectmen or presiding officers, of whom Joseph Brad-persons entitled to vote for Representatives; that ley Varnum, Esq., was one, which were given by proxy, the Town Clerk of Dracutt had refused to give a that is, votes from persons who were not present at the certified copy of the records, and none of the inmeeting, but from other persons who pretended to act habitants of that town, from their attachment to for them. And five votes were received and certified Mr. VARNUM, would give any information respectby the said presiding officers, which were given by per- ing the election; the necessity of guarding the sons, by law, not qualified to vote at said meeting.' purity of elections was insisted upon, and that petitioners against undue returns should by no means be discouraged. It was observed, it had been almembers uneasy in their seats they should not be encouraged, but this was answered to be an illfounded doctrine, and Mr. VARNUM was advised to come forward and challenge investigation, rather than appear to wish to stifle it.

"3d. If Mr. Varnum does propose to examine the proceedings at the meetings of any other towns in the district, the petitioners wish to reserve liberty of show-leged because petitions had a tendency to make ing that votes given for Mr. Varnum in any other town in the district were illegal. "AARON BROWN,

“For the petitioners."

On the 12th of March, 1796, the said Aaron Brown subjoined the following explanation on the above speci

fication.

The arguments against the resolution were, that "The petitioners expect to prove that the above sixty the facts stated were not sufficiently specific to illegal votes were received by the Selectmen, by show-warrant any proceedings of that House upon them; ing that the whole number of legal voters were not more than two hundred and twenty-five; of which number, one hundred did not attend the meeting on the 23d day of March last, and a part of those that did attend and vote, were not legally qualified to vote.

"AARON BROWN."

that, if the votes stated to be bad were really so, their names might be obtained; that it was improper to harass electors or give uneasiness to a sitting member upon slight grounds, as, if that were the case, it would be in the power of any man, from pique or any other cause, to put a member to great trouble and expense, and might prevent a man of moderate fortune from holding a seat in that House, because he was not able to bear the expense of meeting vexatious attempts to displace him. The manner of bringing forward the subject was objected to; it was said that Upon all which, as well from the difficulty of the A. Brown, the agent, had signed the petition afcase, as from a desire to have uniformity in proceed-dence of his being employed as agent, nobody was ter he came to this city; that there was no eviings of this kind, your committee have been induced to pray the instructions of the House, as to the kind of seen in the matter, but that single man, (the peospecification that shall be demanded of the petitioners,

Also the objections of the sitting member, and a requisition that the petitioners be held to a specification of the names of the persons objected to, and the objections to each, a notification thereof to the sitting member, before he should be compelled to take evidence concerning the matters alleged, or make any answer

thereto.

and the manner in which the evidence shall be taken.

Mr. SEDGWICK proposed a resolution to the following effect:

"Resolved, That the Committee of Elections be instructed to prescribe an efficient mode whereby evidence may be taken relative to the facts set forth in said petitions and the specifications of Aaron Brown, agent for the said petitioners."

ple of Dracutt being so satisfied as not to give him any information on the subject) and he having left the city, the business ought to have been rejected; that petitioners ought to have all due attention paid to them, but that the sitting member ought not to be forgotten, that the House should be cautious of going into a matter of this sort, as it was making themselves a party; that they ought not to volunteer in search of evidence; that to grant the power required, would be to grant

Loan to the City of Washington.