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H. Op R. )

Officers of the Navy.

(JUNE 24, 1790.

section should be struck out of the bill; viz. navigable river, adjoining the State from whence “ That a sum not exceeding. thousand they came. The committee having gone through dollars, be appropriated out of the moneys aris- the bill, rose and reported the same. The bill ing from duties on imports and tonnage, sub- was then ordered to be engrossed. ject to the orders of the President of the Unit. ed States, to be laid out in goods and articles

THURSDAY, June 24. of trade suitable for supplying the wants and

TONNAGE DUTY. necessities of the Indians, and to be vended and retailed to them, through the agency of the The engrossed bill imposing duties on the said Superintendents, and persons to be licens- tonnage of ships or vessels was read the third ed by them for that purpose, in such manner, time, and passed. and conformably to such regulations, as the

FOREIGN INTERCOURSE. President of the United States shall establish.” Mr. Gerry, from the managers appointed on

On this motion Mr. Jackson called for the the part of this House to attend the conference ayes and nays, which are as follows:

with the Senate on the subject matter of the Ares.--Messrs. Ashe, Bloodworth, Coles, Floyd, amendments depending between the two Houses Foster, Gerry, Goodhue, Hathorn, Heister, Hus to the bill entitled An act providing the ger, Huntington, Jackson, Leonard, Livermore, Par. means of intercourse between the United States ker, Rensselaer, Schureman, Sedgwick, Seney, Se. and Foreign Nations," made a report, which vier, Sherman, Sylvester, Stone, Sturges, Sumter, was read, and ordered to lie on the table. Tucker.--26.

OFFICERS OF THE NAVY. Nars.--Messrs. Ames, Baldwin, Benson, Boudi. not, Brown, Cadwalader, Contee, Fitzsimons, Gale, the Committee on the memorial of the Officers

On motion of Mr. HARTLEY, the report of Gilman, Griffin, Hartley, Lawrence, Lee, Madison of the Navy was taken into consideration by Matthews, Moore, P. Muhlenberg, Page, Scott, Sinnickson, Smith, (of Maryland,) Smith, (of South the Committee of the whole: the report is as

follows: Carolina,) Steele, Trumbull, Wadsworth, White. 27.

The Committee report, that they do not find any

reason sufficient to justify the difference that has On motion of Mr. STEELE, a clause was been made in the compensation of the officers of the added, limiting the duration of the bill to two army and of the navy of the United States, and are, years.

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.

half-pay, and also a bounty of land to the officers of

the navy, upon the same principles, and in the same WEDNESDAY, June 23.

manner, as has been granted to the officers of the INDIAN TRIBES.

army of the United States. The engrossed bill to regulate trade and in rial and the report, it appears that the memo

Mr. 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 de. on a case of teas.-Referred.

termine what is proper to be done in such circumCONGRESS LIBRARY.

stances. The application stands entirely on the Mr. Gerry, from the Committee appointed basis of its own merits, and he could conceive for the purpose, reported a catalogue of books of no difficulty in deciding on it. necessary for the use of Congress; which report Mr. Srone observed, that it is true there is was ordered to lie on the table.

no claim by virtue of any antecedent contract FOREIGN INTERCOURSE.

or promise; nor was commutation, he believed, A message from the Senate informed the promised to the officers of the army. In this House that they recede, in part, from their view, the officers of the navy stand exactly amendment, disagreed to by this House, to the upon the same footing with those of the army. bill providing the means of intercourse between He then entered into a consideration of the the United States and foreign nations, and have merits, services, and sufferings of the officers agreed to a further amendment to the said bill, of the navy; and from these, and other consid. to which they require the concurrence of this erations, urged the justice of their claims, as House.

he could see no reason for the difference that TONNAGE DUTY.

had been made. The House then resolved itself into a Com- Mr. HUNTINGTON said, but a little consideramittee of the whole, on the bill imposing du- tion was necessary to recollect the reason of the ties on the tonnage of ships or vessels, Mr. difference between the officers of the navy and BOUdinot in the chair.

army. The officers of the army were first in On motion of Mr. Vining, the second sec. the public service; the navy was not formed tion was amended, so as to exempt vessels be- until some time after hostilities commenced. longing to citizens of the United States from The officers of the navy were put on the same paying tonnage in a port on the sea-coast, or a footing, in respect to pay, as the army; the for.

JUNE 24, 1790.]

Officers of the Navy.

(H. of R.

mer had some advantages in point of rank, and Mr. Burke replied to the observations of Mr. they were entitled to a part of their captures. BALDWIN, respecting the officers of the navy He then gave an account of the origin of com- being in the way of their profession; and, from mutation—which was granted on account of the the nature of the service, he showed that there peculiar exigencies of affairs at that time. Dur- was little weight in the observation. Their ciring the time this business was in agitation, there cumstances were very much altered for the were very few navy officers in the public ser- worse, and they were now left in a very destivice, and no application was made by them for tute situation; whereas the officers of the army half-pay or commutation. They were ashore, are enjoying posts and places of honor and proand many of them had retired to civil life. The fit. Their silence on the subject had been menreason, therefore, why they were not included tioned. He observed, that their dispersed situin the commutation was, there did not ap ation had been the principal reason of their pear at the time any necessity for the measure, not coming forward with their petition before. as the United States did not then want a navy; Mr. B. observed, that the officers of the navy whereas the public exigencies with respect to were not treated like other prisoners when they the army were such as rendered the resolution were taken; they suffered peculiarly, not as prifor the commutation to them absolutely neces- soners of war, but were treated like rebels, sary. He, however, thought the claim of the whose crimes were of the blackest nature. navy officers founded on justice; and justice, Mr. Seney said he was, and always had said he, is the strongest plea that can be urged been, an advocate for the claims of the officers in support of any demand whatever.

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, Mr. BALDWIN, who was one of the Select received only a certificate, worth about five Committee which made the report, stated some shillings in the pound; and that received only of the reasons which influenced the committee; for a part of what was due. He replied to the also the considerations which were supposed to several objections which had been offered, and have led to the distinction between the navy concluded by saying it would be unjust and imand army, in respect to commutation-one of politic not to grant their claims. which was, that the officers of the navy were in Mr. Sedgwick observed, that no gentleman the line of their particular calling, and which in the committee had deeper impressions made they were enabled to pursue with perhaps great. upon him, by the grateful recollection of the er advantages than they ever did before. Other merits and services of those brave men to whom circumstances were mentioned by him, tending America owed its freedoin, than himself. Yet, to invalidate their claim.

under the present circumstances of the counMr. SHERMAN observed, that if this report is try, he thought it a duty he owed the people adopted, it will open a very wide door indeed who had confided their interest to his manageto applications for half-pay or commutation. ment, to examine, on principle, the demands He then gave a history of the origin of coinmu- which were made upon the Government for tation or half-pay, which, he said, was consid pecuniary grants. The applicants, in the preered at the time as a measure of necessity, and sent instance, did not place their demand on not of justice; and has been very much com- the ground of contract. For the contract under. plained of by several of the States. The above which the services had been rendered, had been necessity did not exist with respect to the offi- complied with according to the specified terms, cers of the navy, as, at the time, there were but and performed to the extent of the powers of two or three ships in service. From this state the Government, in the same manner as other of facts, he inferred that no precedent could be claims of a similar nature had been satisfied. It drawn in favor of extending the commutation was further, he said, to be noticed, that during to the officers of the navy. He thought that the time those services were performing, no distheir case was entitled to the consideration of satisfaction had been manifested by the present the Legislature, on the principles of equity; he memorialists. From these observations, then, should, therefore, be for the committee's mak- it clearly followed, that, in point of contract ing full inquiry into the circumstances of the the claims of the officers of the navy were in whole business, and making such provision as all respects similar to those of every other indi. justice should point out; but he was against the vidual in the community, who had received sareport in its present latitude.

tisfaction by the same means. It would then

H. of R.]

Officers of the Navy.

[JUNE 24, 1790.

become gentlemen to reflect on the consequen- rious objects of the generosity of the Govern ces which would result from the establishment ment, yet they would nobly disdain to ask, or of a precedent, which would go to the invalida- to receive the aid of the Government, however tion of all the final settlements which had been necessary to them, until efficient provision was made.

made for the performance of those contracts, Mr. Sedgwick said, gentlemen had support, which we are under the most solemn obligation, ed the claim of the applicants from a supposed if in our power, to fulfil. And he concluded by analogy of their circumstances to those of the observing, that when the improving resources of gentlemen of the army. He said there was the our country should enable the Governmentgendifference, which arose from the circunstance erously to compensate the sufferings of those already mentioned. The commutation was several descriptions of persons, then, and not founded in contract; the present claim was des till then, might we extend to the memorialists titute of that support. There were also other the relief which they now sought for. 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 noemolument from any such source. Ihat 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 prin- stance is urged as a reason for not granting their ciples on which the grant to the officers of the petition. In his opinion, this did them great army was made, the application was merely to honor; since that time, they have been scatterthe generosity of the Government. He said it ed through all parts of the Union. This and was a principle from which he professed him other circumstances have delayed their

applicaself determined never to depart, not to dissi- tion to this time, but has not lessened the equipate that property in idle or visionary projects ty of it. He added many other observations, of generosity, which is necessary to the per- and concluded by saying that he was fully in formance of justice. That the arduous scenes favor of the report. in which we had been engaged, had imposed the Mr. GERRY was in favor of the report under necessity of practising a rigid economy. That certain conditions, which were, that the same the conduct which we might, under present be so constructed as to ascertain the amount of embarrassments, pursue, it would be in pro- prize money received by the officers, and that per hereafter to consider as a precedent. the allowance should be extended only to such That it would, indeed, be a noble and generous as continued in the public service to the end of sentiment to compensate all those losses which the war. He'adverted to the case of prizes, our friends had sustained by the war. But he in which it had been said the officers had suffer asked, if such would not be a vain attempted through the frauds of their agents. If this is Can we compensate all the desolation of fire fact, it was a subject which called for redress; and wanton depredation, provoked from the en- and, on principles of equity, an investigation emy by the patriotism of particular districts in ought to take place. this country? Can we retribute the sufferings Several other gentlemen spoke on the occawhich have been caused by the depreciation of sion. Mr. Page, Mr. HARTLEY, and Mr. SEour currency? Or the ruin of thousands and NEY in favor, and Mr. GOODHUE and Mr. Sherthousands by our delays of payment, and the man against the report. consequent depreciation of our securities? Can

Mr. Fitzsimons moving in the House that we administer to the relief of the vast number the report should be recommitted. 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. Reinember, 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 severJUNE 28, 1790. ]

Virginia Claims.

(H. OF 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,

TRADE AND NAVIGATION. therefore, in favor of rejecting the report, and still leaving the memorial open to an inquiry as of the whole on the bill concerning the trade

The House resolved itself into a Committee to the particular cases which may require an and navigation of the United States, Mr. Seinvestigation.

Ney in the chair.

This bill contains the discrimination in the FRIDAY, June 25.

duty on tonnage between vessels belonging to FOREIGN INTERCOURSE.

nations in treaty with the United States and The House proceeded to consider the amend those of nations with whom no treaty exists. ments last proposed on the part of the Senate A motion to postpone the bill occasioned a to the bill providing the means of intercourse lengthy debate, which was not determined at 3 between the United States and foreign nations. o'clock, when a motion was made that the comThe first amendment was to strike out thirty mittee rise and ask_leave to sit again. This thousand, and to insert forty thousand dollars. was carried in the affirmative.

It was moved that the House should agree to A message received from the Senate informthis amendment; this motion was opposed. ed the House that they have concurred in the

It was said that the committee had exceeded amendments proposed to the bill providing their commission in proposing this alteration in the means of intercourse between the United the bill, as both Houses had agreed in the sum States and foreign nations. of 30,000 dollars. It was further said, that The Speaker communicated a letter from more than one Minister Plenipotentiary was un, Samuel Meredith, Esq. Treasurer of the Unitnecessary;

that the Court of Great Britain had ed States, which enclosed the receipts and exsent only a Consul to this country; and that, penditures of the Treasury for the last quarter. from the present appearances, no advantages could be expected to arise from sending a Minister equivalent to the expense; the necessity con

MONDAY, June 28. tended for is merely conjectural; and, by that

SEAMEN. rule, the Ministers Plenipotentiary may be in- The engrossed bill for the government and creased, and one sent to Spain and another to regulation of seamen in the merchant service, Portugal. If only one Minister is sent to Eu- was read the third time and passed. rope, the first sum will be sufficient: with re- A memorial from Louis Pierre Lambert de spect to the Court of London, a Chargé des la Neuville, Brigadier General of the late army Affaires will answer every purpose.

of the United States, and Lieutenant Colonel In support of the motion, it was urged that in the service of His Most Christian Majesty, the President of the United is, by the Constitu- was presented, praying the liquidation and settion, vested with the power of appointing such tlement of a claim for military services renderforeign officers as he may think necessary, and ed during the late war. Ordered to lie on the it must devolve upon the Legislature to make table. provision for defraying the expense. The Com

ADJOURNMENT. mittee of Conference did not rely on their own

Mr. WADSWORTH, from the Joint Committee judgment, they consulted the Secretary of Fo- who were to consider and report the business reign Affairs. His opinion was, that in the necessary to be finished previous to an adjournpresent situation of this country with respect to ment, also to report when it would be proper foreign nations, two Ministers and two Chargés to adjourn, reported, that, in their opinion, the des Affaires were necessary; a Minister at the business necessary to be acted upon may be Court of Versailles is generally conceded to be completed by the 15th day of July next, and requisite. The peculiar situation of this coun- that an adjournment of the present session try with respect to the posts, the Northern and should take place by that time. The report Eastern frontiers, and the state of our commerce

was laid on the table. in respect to Great Britain, can scarcely leave

RHODE ISLAND. a doubt of the necessity and importance of sending a Minister to that country. This being the The proposed amendments to the bill for exstate of affairs, a less sum than that proposed, it tending the enumeration law to the State of is demonstrably evident, will not be found ade- Rhode Island, were taken into consideration quate.

and agreed to. The bill was then ordered to The question on concurring in this amend be engrossed. ment was carried in the affirmative.

VIRGINIA CLAIMS. The other amendments were agreed to, with The House resolved itself into a Committee amendments.

of sthe whole on ¡the State of the Union, Mr. GOVERNMENT OF SEAMEN.

BOUDINOT in the chair. The House proceeded also to consider the After some time the committee rose, and reamendments reported by the Committee to ported that the committee had, according to

H. OF R. ]

Trade and Navigation.

[JUNE 30, 1790.

order, had the state of the Union under con

TRADE AND NAVIGATION. sideration, and come to a resolution thereupon; which was agreed to by the House, as follows: the bill concerning the trade and navigation of

The House went again into a Committee on Resolved, that the resolution of Congress of the the United States, Mr; Boudinot in the chair. seventeenth July, one thousand seven hundred and eighty-eight, respecting the lands reserved for the

This bill contained the discrimination in the Virginia troops on Continental and State establish- duty on foreign tonnage; the first clause being ments, pursuant to the cession made by the said State rejected, the substance of the following propoto the United States of the territory northwest of the sitions, moved by Mr. Fitzsimons, was adoptriver Ohio, ought to be repealed.

ed in lieu thereof, viz.

That from and after the — day of -- next, there Ordered, That the said resolution be referred shall be laid and collected on all ships and vessels no: to Messrs. Brown, BOUDINOT, WHITE, Hun- built, or registered in the United States, a duty of TINGTON, and Benson, with instruction to pre. per ton. pare and bring in a bill or bills for carrying in. That on all ships or vessels arriving in any port of to effect the reservations contained in the deed the United States, from places at which the United of cession made by the State of Virginia to the States are not permitted to trade, the sum of -- per United States of the territory northwest of the ton. river Ohio.

The remaining clauses of the bill being dis

agreed to, the conimittee rose and reported proTuesday, June 29.

gress. CENSUS. The engrossed bill for giving effect to an act

WEDNESDAY, June 30. providing for the enumeration of the inhabitants

RHODE ISLAND. of the United States, in respect to the State of Rhode Island and Providence Plantations, was of the United States, with the copy of an act

A message was received from the President read the third time and passed.

A message from the Senate informed the of the Legislature of the State of Rhode Island, House that ihey have passed the bill to autho- for ratifying certain articles of amendment to rize the purchase of a tract of land for the use

the Constitution of the United States. of the United States.

Mr. WILLIAMSON presented a memorial from

Dr. Thomas Ruston, in behalf of the directors INTEREST OF PUBLIC DEBT.

of a cotton manufactory in the State of PennMr.FITZSIMONS, from the committee appoint- sylvania, ed for the purpose, reported a plan making provision for the payment of the interest on the

TRADE AND NAVIGATION. debts of the United States; which was read and The House again resolved itself into a Comcommitted to a Committee of the whole. mittee of the whole on the bill concerning the INVALID PENSIONERS.

trade and navigation of the United States; Mr. Mr. Heister, from the committee appointed BOUDINot in the chair. for the purpose, presented a bill further to pro

Mr. Madison entered into a discussion of vide for the payment of the invalid pensioners the principles on which the trade and navigaof the United States; which was twice read and tion of the United States ought to be regulated. ordered to be engrossed for a third reading.

The idea of discrimination in respect to foThe House proceeded to consider the report reigners, as proposed in the bill' originally, of the committee to whom was referred the pe- reasonable he thought that distinction to be, as

having been disagreed to, however just and tition of Elias Hasket Derby; whereupon,

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 several particulars to show that this reciprocity satisfaction of the officer, payable at the expiration does not exist in our trade and intercourse of twelve months from the time of entry. Provided, with Great Britain; while our shipping is erThat where the teas shall be deposited as aforesaid, cluded from many of her ports, and admitted they shall be kept at the risk and expense of the im- into others under such restrictions as are nearly porter, who shall pay the duties thereon as the same tantamount to a prohibition, their shipping is' shall be delivered: And, Provided, That, if the whole freely admitted into all the ports, harbors, and of the duties shall not be paid within eighteen months, bays of the United States. 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,

as clauses to the bill, viz: Ordered, That the said resolution be refer

And be it further enacted, That in all cases where red to the Committee appointed to prepare and vessels belonging to the citizens of the United States bring in a bill or bills to amend the laws of re may be prohibited from bringing apy articles from venue.

any foreign port or place by laws or regulations of

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