H. OF R.]

Officers of the Navy.

section should be struck out of the bill; viz. "That a sum not exceeding thousand dollars, be appropriated out of the moneys arising from duties on imports and tonnage, subject to the orders of the President of the United States, to be laid out in goods and articles of trade suitable for supplying the wants and necessities of the Indians, and to be vended and retailed to them, through the agency of the said Superintendents, and persons to be licensed by them for that purpose, in such manner, and conformably to such regulations, as the President of the United States shall establish." On this motion Mr. JACKSON called for the ayes and nays, which are as follows:

AYES.--Messrs. Ashe, Bloodworth, Coles, Floyd, Foster, Gerry, Goodhue, Hathorn, Heister, Huger, Huntington, Jackson, Leonard, Livermore, Parker, Rensselaer, Schureman, Sedgwick, Seney, Sevier, Sherman, Sylvester, Stone, Sturges, Sumter, Tucker.-26.

NAYS.--Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Cadwalader, Contee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Lawrence, Lee, Madison, Matthews, Moore, P. Muhlenberg, Page, Scott, Sinnickson, Smith, (of Maryland,) Smith, (of South Carolina,) Steele, Trumbull, Wadsworth, White.

-27.

On motion of Mr. STEELE, a clause was added, limiting the duration of the bill to two years.

[JUNE 24, 1790.

navigable river, adjoining the State from whence they came. The committee having gone through the bill, rose and reported the same. The bill was then ordered to be engrossed.

THURSDAY, June 24.

TONNAGE DUTY.

The engrossed bill imposing duties on the tonnage of ships or vessels was read the third time, and passed.

FOREIGN INTERCOURSE.

Mr. GERRY, from the managers appointed on the part of this House to attend the conference with the Senate on the subject-matter of the amendments depending between the two Houses to the bill entitled An act providing the means of intercourse between the United States and Foreign Nations, "made a report, which was read, and ordered to lie on the table.

OFFICERS OF THE NAVY.

the Committee on the memorial of the Officers On motion of Mr. HARTLEY, the report of of the Navy was taken into consideration by the Committee of the whole: the report is as follows:

The Committee report, that they do not find any reason sufficient to justify the difference that has been made in the compensation of the officers of the army and of the navy of the United States, and are, therefore, of opinion, that a law ought to pass for

It was then ordered that the bill be engross-granting five years' pay, equal to the commutation of ed.-Adjourned.

WEDNESDAY, June 23.
INDIAN TRIBES.

half-pay, and also a bounty of land to the officers of the navy, upon the same principles, and in the same manner, as has been granted to the officers of the army of the United States.

The engrossed bill to regulate trade and in- rial and the report, it appears that the memoMr. SHERMAN observed, that, by the memotercourse with the Indian tribes was read the rialists do not pretend to have any claim on the third time, and passed. The petition of Elias Hasket Derby was pre-Congress. The subject is very fully before the public by virtue of any existing resolutions of sented, praying relief in the payment of duties committee; it lies with Congress, therefore, to deon a case of teas.-Referred. termine what is proper to be done in such circumstances. The application stands entirely on the basis of its own merits, and he could conceive of no difficulty in deciding on it.

CONGRESS LIBRARY.

Mr. GERRY, from the Committee appointed for the purpose, reported a catalogue of books necessary for the use of Congress; which report was ordered to lie on the table.

FOREIGN INTERCOURSE.

A message from the Senate informed the House that they recede, in part, from their amendment, disagreed to by this House, to the bill providing the means of intercourse between the United States and foreign nations, and have agreed to a further amendment to the said bill, to which they require the concurrence of this House.

TONNAGE DUTY.

The House then resolved itself into a Committee of the whole, on the bill imposing duties on the tonnage of ships or vessels, Mr. BOUDINOT in the chair.

On motion of Mr. VINING, the second section was amended, so as to exempt vessels belonging to citizens of the United States from paying tonnage in a port on the sea-coast, or a

Mr. STONE observed, that it is true there is no claim by virtue of any antecedent contract or promise; nor was commutation, he believed, promised to the officers of the army. In this view, the officers of the navy stand exactly upon the same footing with those of the army. He then entered into a consideration of the merits, services, and sufferings of the officers of the navy; and from these, and other considerations, urged the justice of their claims, as he could see no reason for the difference that had been made.

Mr. HUNTINGTON said, but a little consideration was necessary to recollect the reason of the difference between the officers of the navy and army. The officers of the army were first in the public service; the navy was not formed until some time after hostilities commenced. The officers of the navy were put on the same footing, in respect to pay, as the army; the for

JUNE 24, 1790.]

Officers of the Navy.

[H. OF R.

Mr. BURKE replied to the observations of Mr. BALDWIN, respecting the officers of the navy being in the way of their profession; and, from the nature of the service, he showed that there was little weight in the observation. Their circumstances were very much altered for the worse, and they were now left in a very destitute situation; whereas the officers of the army are enjoying posts and places of honor and profit. Their silence on the subject had been mentioned. He observed, that their dispersed situ

mer had some advantages in point of rank, and they were entitled to a part of their captures. He then gave an account of the origin of commutation-which was granted on account of the peculiar exigencies of affairs at that time. During the time this business was in agitation, there were very few navy officers in the public service, and no application was made by them for half-pay or commutation. They were ashore, and many of them had retired to civil life. The reason, therefore, why they were not included in the commutation was, there did not ap-ation had been the principal reason of their pear at the time any necessity for the measure, as the United States did not then want a navy; whereas the public exigencies with respect to the army were such as rendered the resolution for the commutation to them absolutely necessary. He, however, thought the claim of the navy officers founded on justice; and justice, said he, is the strongest plea that can be urged in support of any demand whatever.

not coming forward with their petition before. Mr. B. observed, that the officers of the navy were not treated like other prisoners when they were taken; they suffered peculiarly, not as prisoners of war, but were treated like rebels, whose crimes were of the blackest nature.

Mr. SENEY said he was, and always had been, an advocate for the claims of the officers of the navy; he thought their memorial founded Mr. HARTLEY supported the memorial. He on the strictest justice. He introduced the regave the officers great credit for their bravery, presentation to Congress of the "illustrious" services, and attachment to the cause of their Commander-in-chief of the late army, on the country. He dilated on the hardships and suf- subject of half-pay and pensions, which he read. ferings they endured; he adverted to the advan-He then entered into a comparative view of the tages they derived from captures, which he relative merits of the army and navy; and said stated to be very inconsiderable. Their claims, it was well known that many of them made as said he, appear to me to be founded on the great sacrifices as the other description of offistrictest and most impartial justice; he hoped, cers. With respect to prize money, he doubttherefore, that the report would be accepted, ed whether they had ever been benefited by it. and a committee appointed to bring in a bill ac- In some instances, where they had expected the cordingly. most, they had, through the failure of agents, received only a certificate, worth about five shillings in the pound; and that received only for a part of what was due. He replied to the several objections which had been offered, and concluded by saying it would be unjust and impolitic not to grant their claims.

Mr. BALDWIN, who was one of the Select Committee which made the report, stated some of the reasons which influenced the committee; also the considerations which were supposed to have led to the distinction between the navy and army, in respect to commutation-one of which was, that the officers of the navy were in the line of their particular calling, and which they were enabled to pursue with perhaps greater advantages than they ever did before. Other circumstances were mentioned by him, tending to invalidate their claim.

Mr. SHERMAN observed, that if this report is adopted, it will open a very wide door indeed to applications for half-pay or commutation. He then gave a history of the origin of commutation or half-pay, which, he said, was considered at the time as a measure of necessity, and not of justice; and has been very much complained of by several of the States. The above necessity did not exist with respect to the officers of the navy, as, at the time, there were but two or three ships in service. From this state of facts, he inferred that no precedent could be drawn in favor of extending the commutation to the officers of the navy. He thought that their case was entitled to the consideration of the Legislature, on the principles of equity; he should, therefore, be for the committee's making full inquiry into the circumstances of the whole business, and making such provision as justice should point out; but he was against the report in its present latitude.

Mr. SEDGWICK observed, that no gentleman in the committee had deeper impressions made upon him, by the grateful recollection of the merits and services of those brave men to whom America owed its freedom, than himself. Yet, under the present circumstances of the country, he thought it a duty he owed the people who had confided their interest to his management, to examine, on principle, the demands which were made upon the Government for pecuniary grants. The applicants, in the present instance, did not place their demand on the ground of contract. For the contract under. which the services had been rendered, had been complied with according to the specified terms, and performed to the extent of the powers of the Government, in the same manner as other claims of a similar nature had been satisfied. It was further, he said, to be noticed, that during the time those services were performing, no dissatisfaction had been manifested by the present memorialists. From these observations, then, it clearly followed, that, in point of contract the claims of the officers of the navy were in all respects similar to those of every other individual in the community, who had received satisfaction by the same means. It would then

become gentlemen to reflect on the consequences which would result from the establishment of a precedent, which would go to the invalidation of all the final settlements which had been made.

[JUNE 24, 1790.

rious objects of the generosity of the Government, yet they would nobly disdain to ask, or to receive the aid of the Government, however necessary to them, until efficient provision was made for the performance of those contracts, which we are under the most solemn obligation, if in our power, to fulfil. And he concluded by observing, that when the improving resources of our country should enable the Government generously to compensate the sufferings of those several descriptions of persons, then, and not till then, might we extend to the memorialists the relief which they now sought for.

stance is urged as a reason for not granting their petition. In his opinion, this did them great honor; since that time, they have been scattered through all parts of the Union. This and other circumstances have delayed their application to this time, but has not lessened the equity of it. He added many other observations, and concluded by saying that he was fully in favor of the report.

Mr. SEDGWICK Said, gentlemen had supported the claim of the applicants from a supposed analogy of their circumstances to those of the gentlemen of the army. He said there was the difference, which arose from the circumstance already mentioned. The commutation was founded in contract; the present claim was destitute of that support. There were also other material circumstances which very widely dif- Mr. JACKSON Supported the claim of the offifered the two cases. The officers of the army were cers. He observed, that if the country had not called from pursuits by which they were enabled derived so extensive advantages from the exerto support and provide for their families, and to tions of the navy, it must be imputed to pecuabandon their prospects of establishment by liar circumstances, and not to any deficiency the business to which they had been educated.in the officers and sailors; so far as their abiliOn the other hand, the gentlemen of the navy ties could be exerted, no men distinguished were promised handsome wages for continuing in themselves more. Had ours been a maritime that business to which they had been educated, instead of an agricultural country, the importand for which they were best, if not only qualifi- ance of a navy would have struck us more fored; and this, too, at a time when, by the destruc- cibly. Their claims he considered as founded tion of our commerce, many of them otherwise in the strictest justice, and he had no doubt must have wanted employment. They had like- that if they had applied to the old Congress, they wise additional encouragement from a participa- would have granted their request; but restrain tion in the avails of prizes, while the ariny derived by a consideration of the embarrassments of ed no emolument from any such source. That the the United States, they did not obtrude their report of the Select Committee being unsupport-petitions upon them; and now this very circumed either on the ground of contract or the principles on which the grant to the officers of the army was made, the application was merely to the generosity of the Government. He said it was a principle from which he professed himself determined never to depart, not to dissipate that property in idle or visionary projects of generosity, which is necessary to the performance of justice. That the arduous scenes in which we had been engaged, had imposed the necessity of practising a rigid economy. That the conduct which we might, under present embarrassments, pursue, it would be inproper hereafter to consider as a precedent. That it would, indeed, be a noble and generous sentiment to compensate all those losses which our friends had sustained by the war. But he asked, if such would not be a vain attempt? Can we compensate all the desolation of fire and wanton depredation, provoked from the enemy by the patriotism of particular districts in this country? Can we retribute the sufferings which have been caused by the depreciation of our currency? Or the ruin of thousands and thousands by our delays of payment, and the consequent depreciation of our securities? Can we administer to the relief of the vast number of widows and orphans, who, from those cir- Mr. BOUDINOT said he was opposed to the cumstances, have been reduced from affluence recommitment, as he did not conceive that the to want and beggary. Remember, too, he said, relief proposed could be granted under this rethe sages, who, in the hour of danger, watched port. From the reasoning which he had heard over your security; and who, in their best days, on the subject this day, he was convinced that abstracted themselves from every lucrative if the commutation is extended to the memopursuit, and devoted all their time and talents rialists, Congress will have to extend it to above to the service of their country. These patriots, a thousand officers of different descriptions. It now in the evening of life, are the most merito- I must be extended to the State officers in sever

Mr. GERRY was in favor of the report under certain conditions, which were, that the same be so constructed as to ascertain the amount of prize money received by the officers, and that the allowance should be extended only to such as continued in the public service to the end of the war. He adverted to the case of prizes, in which it had been said the officers had suffered through the frauds of their agents. If this is fact, it was a subject which called for redress; and, on principles of equity, an investigation ought to take place.

Several other gentlemen spoke on the occasion. Mr. PAGE, Mr. HARTLEY, and Mr. SENEY in favor, and Mr. GOODHUE and Mr. SHERMAN against the report.

Mr. FITZSIMONS moving in the House that the report should be recommitted.

JUNE 28, 1790.]

Virginia Claims.

[H. or R.

al departments. He enlarged on the unpopu- whom was committed the bill for the governlarity of half-pay and commutation, and said, ment and regulation of seamen in the merchants' that if injustice had been done to the memorial-service; which were agreed to, and the bill was ists, every instance ought to be inquired into, ordered to be engrossed for a third reading. and determined on its own merits: He was, therefore, in favor of rejecting the report, and still leaving the memorial open to an inquiry as to the particular cases which may require an investigation.

FRIDAY, June 25.

FOREIGN INTERCOURSE.

The House proceeded to consider the amend ments last proposed on the part of the Senate to the bill providing the means of intercourse between the United States and foreign nations. The first amendment was to strike out thirty thousand, and to insert forty thousand dollars. It was moved that the House should agree to this amendment; this motion was opposed.

It was said that the committee had exceeded their commission in proposing this alteration in the bill, as both Houses had agreed in the sum of 30,000 dollars. It was further said, that more than one Minister Plenipotentiary was unnecessary; that the Court of Great Britain had sent only a Consul to this country; and that, from the present appearances, no advantages could be expected to arise from sending a Minister equivalent to the expense; the necessity contended for is merely conjectural; and, by that rule, the Ministers Plenipotentiary may be increased, and one sent to Spain and another to Portugal. If only one Minister is sent to Europe, the first sum will be sufficient: with respect to the Court of London, a Chargé des Affaires will answer every purpose.

In support of the motion, it was urged that the President of the United is, by the Constitution, vested with the power of appointing such foreign officers as he may think necessary, and it must devolve upon the Legislature to make provision for defraying the expense. The Committee of Conference did not rely on their own judgment, they consulted the Secretary of Foreign Affairs. His opinion was, that in the present situation of this country with respect to foreign nations, two Ministers and two Chargés des Affaires were necessary; a Minister at the Court of Versailles is generally conceded to be requisite. The peculiar situation of this country with respect to the posts, the Northern and Eastern frontiers, and the state of our commerce in respect to Great Britain, can scarcely leave a doubt of the necessity and importance of sending a Minister to that country. This being the state of affairs, a less sum than that proposed, it is demonstrably evident, will not be found adequate.

The question on concurring in this amendment was carried in the affirmative. The other amendments were agreed to, with amendments.

GOVERNMENTt of seamen.

The House proceeded also to consider the amendments reported by the Committee to

TRADE AND NAVIGATION.

The House resolved itself into a Committee

of the whole on the bill concerning the trade and navigation of the United States, Mr. SE

NEY in the chair.

This bill contains the discrimination in the duty on tonnage between vessels belonging to nations in treaty with the United States and those of nations with whom no treaty exists.

A motion to postpone the bill occasioned a lengthy debate, which was not determined at 3 o'clock, when a motion was made that the committee rise and ask leave to sit again. This was carried in the affirmative.

A message received from the Senate informed the House that they have concurred in the amendments proposed to the bill providing the means of intercourse between the United States and foreign nations.

The Speaker communicated a letter from Samuel Meredith, Esq. Treasurer of the United States, which enclosed the receipts and expenditures of the Treasury for the last quarter.

order, had the state of the Union under consideration, and come to a resolution thereupon; which was agreed to by the House, as follows: Resolved, That the resolution of Congress of the seventeenth July, one thousand seven hundred and eighty-eight, respecting the lands reserved for the Virginia troops on Continental and State establishments, pursuant to the cession made by the said State to the United States of the territory northwest of the river Ohio, ought to be repealed.

Ordered, That the said resolution be referred to Messrs. BROWN, BOUDINOT, WHITE, HUNTINGTON, and BENSON, with instruction to pre pare and bring in a bill or bills for carrying into effect the reservations contained in the deed of cession made by the State of Virginia to the United States of the territory northwest of the river Ohio.

TUESDAY, June 29.

CENSUS.

The engrossed bill for giving effect to an act providing for the enumeration of the inhabitants of the United States, in respect to the State of Rhode Island and Providence Plantations, was read the third time and passed.

A message from the Senate informed the House that they have passed the bill to authorize the purchase of a tract of land for the use of the United States.

INTEREST OF PUBLIC DEBT.

[JUNE 30, 1790.

TRADE AND NAVIGATION.

the bill concerning the trade and navigation of The House went again into a Committee on the United States, Mr. BoUDINOT in the chair.

This bill contained the discrimination in the duty on foreign tonnage; the first clause being rejected, the substance of the following propositions, moved by Mr. FITZSIMONS, was adopted in lieu thereof, viz. shall be laid and collected on all ships and vessels not day of next, there built, or registered in the United States, a duty of per ton.

That from and after the

That on all ships or vessels arriving in any port of the United States, from places at which the United States are not permitted to trade, the sum of -- per ton.

The remaining clauses of the bill being disagreed to, the committee rose and reported pro

gress.

WEDNESDAY, June 30.

RHODE ISLAND.

of the United States, with the copy of an act A message was received from the President of the Legislature of the State of Rhode Island, for ratifying certain articles of amendment to the Constitution of the United States.

Mr. WILLIAMSON presented a memorial from Dr. Thomas Ruston, in behalf of the directors of a cotton manufactory in the State of Penn

Mr.FITZSIMONS, from the committee appoint-sylvania. ed for the purpose, reported a plan making provision for the payment of the interest on the debts of the United States; which was read and committed to a Committee of the whole.

INVALID PENSIONERS.

Mr. HEISTER, from the committee appointed for the purpose, presented a bill further to provide for the payment of the invalid pensioners of the United States; which was twice read and ordered to be engrossed for a third reading.

The House proceeded to consider the report of the committee to whom was referred the petition of Elias Hasket Derby; whereupon,

TRADE AND NAVIGATION.

The House again resolved itself into a Committee of the whole on the bill concerning the trade and navigation of the United States; Mr. BOUDINOT in the chair.

Mr. MADISON entered into a discussion of

the principles on which the trade and navigation of the United States ought to be regulated. The idea of discrimination in respect to foreigners, as proposed in the bill originally, having been disagreed to, however just and reasonable he thought that distinction to be, as Resolved, That, for the duty on all teas which have there appeared to be a majority against it, he been imported from China in the present year, or which should waive any further arguments on the subshall be hereafter imported, it shall be at the option of ject, and would suggest the principle of recithe importer, either to deposite such teas with the procity as an idea which would meet the geneofficers of the customs where the same shall be en-ral approbation of the committee. He adduced tered, or to give bond therefor, with sureties, to the satisfaction of the officer, payable at the expiration of twelve months from the time of entry. Provided, That where the teas shall be deposited as aforesaid, they shall be kept at the risk and expense of the importer, who shall pay the duties thereon as the same shall be delivered: And, Provided, That, if the whole of the duties shall not be paid within eighteen months, the officer with whom such tea is deposited shall dis- He then read two propositions in the followpose of the same, or so much thereof, at public auc-ing words, which he proposed should be added tion, as may be sufficient to pay the duties.

Ordered, That the said resolution be referred to the Committee appointed to prepare and bring in a bill or bills to amend the laws of re

venue.

several particulars to show that this reciprocity does not exist in our trade and intercourse with Great Britain; while our shipping is excluded from many of her ports, and admitted into others under such restrictions as are nearly tantamount to a prohibition, their shipping is freely admitted into all the ports, harbors, and bays of the United States.

as clauses to the bill, viz:

And be it further enacted, That in all cases where vessels belonging to the citizens of the United States may be prohibited from bringing any articles from any foreign port or place by laws or regulations of