DECEMBER, 1802. Proceedings. H. OF R. DOLPH, Jr. and JOHN TALIAFERRO, Jr.; and from bled, and ready to receive any communications he The House proceeded to consider the said mes Resolved, That this House do agree to the same; and that Messrs. DAWSON, LOWNDES, and VAN NESS, be appointed a committee, on the part of this House, for the purpose expressed therein. The House proceeded to consider the motion of the ninth instant, for the appointment of Chaplains; and the motion was again read, in the words following, to wit: Resolved, That two Chaplains of different denominations, be appointed to Congress, for the present session, one by each House, to interchange weekly. The question was taken that the House do agree to the same, and resolved in the affirmative. On motion, it was Ordered, That the said petitions be referred to the committee appointed on the eleventh instant, to whom was referred the petition of James Dohertie and others, citizens of the Mississippi Territory; that they do examine the matter thereof and report the same, with their opinion thereupon, to the House; and that Messrs. LOWNDES and DICKSON be added to the said committee. Ordered, That a bill for the relief of Henry Messonier, the memorial of the said Henry Messonier, with the vouchers accompanying the same, presented the third day of February, and a report of the Committee of Commerce and Manufactures thereon, made the eighth of March last, be referred to the Committee of Commerce and Manufactures. A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business; and that, in the absence of the VICE PRESIDENT of the United States, the Senate have elected the honorable STEPHEN R. BRADLEY their President pro tempore. A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with such committee as may be appointed on the part of this House, to wait on the PRESIDENT of the United States, and notify him that a quorum of the two Houses is assem Resolved, That a committee be appointed to inquire whether any, and what, amendments are necessary to be made in the acts establishing a post office and post roads within the United States; and that the said committee have power to report by bill, or otherwise. Ordered, That Messrs. SOUTHARD, CLOPTON, BOUDE, FOSTER, HASTINGS, MERIWETHER, and HENDERSON, be appointed a committee pursuant to the said resolution. Resolved, That the committee appointed on the subject of post offices and post roads, be instructed to inquire into the expediency of making provision by law to prevent postmasters becoming contractors for carrying the mail. Mr. DAWSON, from the committee appointed on the part of this House, jointly, with the committee on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them, reported that the committee had performed that service; and that the President signified to them, that he would make a communication to this House to-morrow, by way of message. Ordered, That a committee of Ways and Means be appointed, pursuant to the standing rules and orders of the House. And a committee was appointed, of Messrs. RANDOLPH, GRISWOLD, SMILIE, READ, NICHOLsON, VAN RENSSELAER, and HOLLAND. WEDNESDAY, December 15. Another member, to wit: EDWIN GRAY, from Virginia, appeared, and took his seat in the House. A message from the Senate informed the House that the Senate have agreed to the resolution of this House for the appointment of Chaplains to Congress for the present session; and have appointed the Rev. Dr. GANTT, on their part. The House proceeded, by ballot, to the appointment of a Chaplain to Congress, on the part of this House; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of the Reverend WILLIAM PARK INSON. A Message was received from the PRESIDENT OF THE UNITED STATES, by Mr. Lewis, his Secretary, as follows: Mr. Speaker: I am directed by the President of the United States to hand you a communication, in writing, from the President to the two Houses of Congress. And he delivered in the same, together with the accompanying documents. The said communication was read. [For which, see proceedings in the Senate of this date.] Ordered, That the said communication, with the accompanying documents, be referred to the Committee of the whole House on the state of the Union. THURSDAY, December 16: Two other members, to wit: LUCAS ELMENDORF, from New York, and DANIEL HEISTER, from Maryland, appeared, and took their seats in the House. DECEMBER, 1802. so much of the Message of the President of the United States, as relates to our concerns with the Indian tribes, and the establishment of a new settlement, ought to be referred to a Select Committee. 4. Resolved, as the opinion of this committee, That so much of the Message of the President of the United States, as relates to our Navy Yards, and the building of docks, ought to be referred to a Select Commitee. 5. Resolved, as the opinion of this committee, That so much of the President's Message as relates to providing for the return of American seamen discharged in foreign ports, and left abroad, be referred to a Select Committee. 6. Resolved, as the opinion of this committee, That so much of the President's Message as refers to the warfare with Tripoli, and to the relation with the other Barbary Powers, be referred to a Select Committee. 7. Resolved, That so much of the President's Message as relates to the Militia Institution of the United States, be referred to a Select Committee. 8. Resolved, as the opinion of this committee, That so much of the President's Message as relates to the fostering of the fisheries of the United States, be refer The House proceeded to consider the said resolutions at the Clerk's table; and the same being again read, were agreed to by the House. Ordered, That Mr. DAWSON, Mr. THOMAS MORRIS, Mr. HOGE, Mr. HASTINGS, and Mr. MERIWETHER, be appointed a committee, pursuant to the third resolution. Ordered, That Mr. MITCHILL, Mr. RUTLEDge, Mr. HANNA, Mr. WADSWORTH, and Mr. MoTT, be appointed a committee, pursuant to the fourth resolution. The SPEAKER laid before the House a letter and report from the Secretary of the Treasury, ac-red to a Select Committee. companied with estimates of the sums necessary to be appropriated for the service of the year one thousand eight hundred and three; also, a statement of the receipts and expenditures at the Treasury of the United States, for one year, preceding the first day of October, one thousand eight hundred and two; which were read, and ordered to be referred to the Committee of Ways and Means. Ordered, That the petition of Memucan Hunt. and others, addressed to the General Assembly of the State of North Carolina; also, sundry resolutions of the said Assembly, respecting a claim of the petitioners for the value of certain lands in the State of Tennessee, held under grants from the State of North Carolina, prior to the cession of the said lands to the United States, presented to the House on the nineteenth of January; together with the report of a select committee thereon, made the twenty-fourth of March last; be re-sixth resolution. ferred to a Committee of the whole House on the first Monday of January next. FRIDAY, December 17. Two other members, to wit: from South Carolina, BENJAMIN HUGER, and JOHN RUTLEDGE, appeared, and took their seats in the House. The House resolved itself into a Committee of the whole House on the state of the Union; and, after some time spent therein, the Committee rose and reported several resolutions thereupon, which were read, as follows: 1. Resolved, as the opinion of this committee, That so much of the Message of the President of the United States as relates to the discriminating and countervailing duties, and the act of the British Parliament on that subject, ought to be referred to the Committee of Commerce and Manufactures. 2. Resolved, as the opinion of this committee, That so much of the Message of the President of the United States as relates to our finances, ought to be referred to the Committee of Ways and Means. 3. Resolved, as the opinion of this committee, That Ordered, That Mr. SAMUEL SMITH, Mr. GODDARD, Mr. JOSIAH SMITH, Mr. Woods, and Mr. GRAY, be appointed a committee, pursuant to the fifth resolution. Ordered, That Mr. EUSTIS, Mr. PERKINS, Mr. ELMENDORF, Mr. TILLINGHAST, and Mr. TALIAFERRO, be appointed a committee, pursuant to the Ordered. That Mr. VARNUM, Mr. UPHAM, Mr. JOHN SMITH, of Virginia, Mr. HELMS, Mr. BROWN, Mr. BUTLER, Mr. DANIEL HEISTER, Mr. STANTON, and Mr. STANFORD, be appointed a committee, pursuant to the seventh resolution. Ordered, That Mr. HUGER, Mr. BISHOP, Mr. JOSEPH HEISTER, Mr. JOHN TRIGG, and Mr. VAN NESS, be appointed a committee, pursuant to the eighth resolution. On a motion made and seconded that the House do come to the following resolution: Resolved, That so much of the acts, the one entitled "An act establishing a Mint, and regulating the coins of the United States;" the other entitled "An act supplementary to the "Act establishing a Mint, and regulating the coins of the United States," as relates to the establishment of a Mint, ought to be repealed. Ordered, That the said motion be referred to a Committee of the Whole on Monday next. Mr. RANDOLPH observed that there had been a recent occurrence, in which every member of the House was interested, though every member might not, perhaps, possess competent information re specting it. He said it would be useless in him to impress the magnitude of a subject that related to the free navigation of the Mississippi, which materially affected a district of country growing every day in wealth and importance, and which it behooved the whole United States to cherish and protect. He moved, therefore, the following resolution: "Resolved, That the President of the United States be requested to cause to be laid before this House such papers as are in the possession of the Department of State, as relate to the violation on the part of Spain, of the Treaty of Friendship, Limits, and Navigation, between the United States of America and the King of Spain." This resolution was agreed to unanimously, , and Messrs. RANDOLPH and HUGER appointed the MONDAY, December 20. Several other members to wit: from Vermont, ISRAEL SMITH; and from Virginia, RICHARD BRENT, and MATTHEW CLAY; appeared, and took their seats in the House. The SPEAKER laid before the House a letter from the Secretary of the Treasury, accompanying his report, and sundry documents, marked A, B, and C, prepared in obedience to the directions of "An act supplementary to the act, entitled 'An act to establish the Treasury Department;" which were read, and ordered to be referred to the Committee of Ways and Means. The SPEAKER laid before the House a letter from the Secretary of the Navy, enclosing a report of the Commissioners of the Fund of Navy Pensions; which were read, and ordered to lie on the table. Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the propriety of providing by law for the payment of debentures which have been issued for drawback of duties on goods, wares, and merchandise, exported to New Orleans; and to report by bill, or otherwise. Mr. NICHOLSON, from the committee to whom were referred, on the eighth instant, the petition of Richard Wilson and of Nathaniel Seager, rereported a bill for the relief of insolvent debtors within the District of Columbia; which was read twice, and committed to a Committee of the Whole House on Thursday next. Ordered, That a bill supplementary to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," passed the second day of March, one thousand seven hundred and ninety-nine, which was presented to this House at the last session, be referred to the com H. OF R. mittee appointed on so much of the President's Message, of the fifteenth instant, as relates to the militia institution of the United States. Resolved, That the President of the United States be requested to direct the proper officer to lay before this House a statement of the militia, according to the returns last received from the respective States. Ordered, That Mr. MATTOON and Mr. JACKSON be appointed a committee to present the foregoing resolution to the President of the United States. PETITION OF SAMUEL CORP. The House resolved itself into a Committee of the Whole, Mr. VARNUM in the Chair, on the report on the petition of Samuel Corp. The following is the report of the Committee of Commerce and Manufactures: was interested in a ship which sailed for London, early "That it appears to the committee that the petitioner in the year 1799, for the purpose of purchasing a cargo proper for the New Orleans market. That the ship arrived in the month of August following at New York, having on board a cargo agreeably to order, none of which was intended to be landed within the United States. That the captain's manifest which he presented to the collector, declared his cargo for exportation; but not having made the same declaration on the copy of the manifest which he had delivered to the first boarding officer, the owners were compelled to enter the cargo, and give bond for the duties on the same. That no part of the cargo was landed except some bird shot. It appears also, that the collector granted a clearance for New Orleans, and issued debentures of drawback on the cargo; but on application for payment, the petitioner was informed that the law of March 2d, 1799, precluded him from being paid: The petitioner, therefore, prays relief from Congress. "This case having been fully understood at the last session, the committee consider it unnecessary to go into any reasoning thereon. They submit the following resolution: "Resolved, That the prayer of the petitioner ought and Manufactures be directed to bring in a bill con to be granted, and that the Committee of Commerce formably thereto." Mr. S. SMITH advocated the report. Mr. GRISWOLD, though inclined to allow the ought to be made for all similar cases. With prayer of the petition, thought a general provision this view, it was moved that the Committee rise. and the petition of Samuel Corp, and the report Carried; when the Committee was discharged, thereon, were recommitted to the Committee of Commerce and Manufactures, with instructions to inquire into the propriety of providing by law sued for drawback of duty on goods, wares, and for the payment of debentures that have been ismerchandise, exported to New Orleans. TUESDAY, December 21. Another member, to wit: JOHN CAMPBELL, from Maryland, appeared, and took his seat in the House. The SPEAKER laid before the House a letter from John Beckley, Clerk of this House, stating "that he has been applied to by several of the members, under the order of the House for supplying them with newspapers, to direct that a number of any weekly papers for which they may subscribe, equivalent to the value and supply of a daily paper, may be furnished to them, in lieu of such daily paper; that he does not know that any such construction of the order of the House has ever been acted upon; and, as it will necessarily involve some additional expense to the public, he has not thought himself at liberty to incur it, without the express authority of the House." Mr. CLAIBORNE, after passing an eulogium on the character and conduct of John Beckley, Esq., moved that the order of the House relative to newspapers be read. Agreed to. DECEMBER, 1802. Orleans, and therein to amend the act, entitled "An act to regulate the collection of duties on imports and tonnage ;" which was read twice, and committed to a Committee of the whole House to-morrow. Mr. RANDOLPH moved that the House resolve itself into a Committee of the Whole on the subject of the Mint. Mr. GRISWOLD said the House had not yet received the report of the Director of the Mint. He thought it better to wait till it was received, as they would then better understand the state of the Mint, and the expenses attending it. The report might be sent in within the course of a week. Motion of Mr. RANDOLPH lost-ayes 25. Mr. GRISWOLD wished to know what had been IMPORTATION OF FIRE-ARMS. the practice; whatever that was, it should be uniMr. RUTLEDGE observed that the State of South form; he had been informed, that it was the prac- Carolina had lately taken measures for a supply tice of last session, and he believed it had been of arms for her militia. He thought that an obthat of former ones, to receive an equivalent num-ject so great and desirable ought to be encouraged ber of copies, to the price of a daily paper. The SPEAKER said that it had been usual, at all former sessions, within his recollection, to receive an equivalent to the price of a daily paper. He had given that construction to the rule. The said letter was read, and ordered to lie on the table. A memorial of the members of the First and Second Branches of the City Council of Washington, in the District of Columbia, was presented to the House and read, stating various matters relative to the police and government of the said city and its inhabitants; and praying that the propositions submitted by the memorialists may be adopted by Congress, in addition to, or modification of, the several regulations prescribed by the acts heretofore passed on that subject. Ordered, That the said memorial be referred to Mr. VAN NESS, Mr. THOMPSON, Mr. PLATER, Mr CAMPBELL, and Mr. JACKSON; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. A petition of sundry inhabitants of the County of Alexandria, in the District of Columbia, was presented to the House and read, praying that Congress will be pleased to pass a law, placing such persons, within the said County of Alexandria, as may choose to join a society heretofore incorporated by an act of the Legislature of the State of Virginia, by the name of "The Mutual Assurance Society against Fire on Buildings, of the State of Virginia," as well as those who are now members, on the same footing with citizens of the said State, that the benefits of the Society may be extended to such of the petitioners whose buildings are now exposed to destruction by fire, without hope of restitution. Ordered, That the said petition be referred to Mr. BRENT, Mr. VAN HORN, and Mr. TALLMADGE; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. Mr. S. SMITH, from the Committee of Commerce and Manufactures, presented a bill to allow a drawback of duties on goods exported to New by the General Government, by exempting arms imported under such circumstances from duty. He therefore offered a resolution purporting that any State, importing pieces of ordnance, fire or side arms for their militia, should be exempted from the payment of duties. Mr. RANDOLPH said the resolution proposed tion would affect the revenue in some degree; contained some important principles. Its adopand would, in a still greater degree, affect home manufactures, especially those the most essential to the good of the community. It did appear to him, that if any manufacture required the aid of protecting duties, it was the manufacture of arms, in preference to all others. The resolution embraced not only ordnance, but fire-arms also. He was not prepared to say that a distinction tions of arms. For these reasons he wished the ought not to be made between these two descripresolution to lie on the table. Mr. RUTLEDGE said he had no objection to its resting for a day or two; when, on motion of Mr. RANDOLPH, it was referred to a Committee of the Whole, and made the order of the day for Monday. NEWSPAPERS FOR MEMBERS. Mr. MITCHILL revived the subject of Mr. Beckley's letter by introducing the following resolution: Resolved, That if any member of this House shall choose to take any newspaper published once, twice, or thrice a week, instead of a daily paper, he shall be furnished with as many of such papers as shall not exceed the price of a daily paper. Mr. SMILIE did not know why so many papers were necessary-they were taken for their own use; why have five or six of the same kind? He did not think it right for the public to pay for papers to send away; he could form no construction of the rule that would warrant it. Mr. DANA had always received an equivalent to three daily papers; it was the construction he had put upon the rule of the House, and he knew that other gentlemen had acted upon the same principle. Mr. STANLEY opposed the motion of the gentle man from New York, (Mr. MITCHILL.) He should not have thought such an expression of the will of the House necessary, had it not been called for by the letter of the Clerk. Mr. S. said he was one of those alluded to by the gentleman from Connecticut, (Mr. GRISWOLD,) who having at the last and present sessions selected, on public account, papers not published daily, received a number equivalent to a daily paper. He believed this had been the case with every member of the House. If a different rule had been observed by any gentleman, he doubted not it would be declared. He was compelled to believe the printers' accounts had been settled, and their charges at the rate of daily papers allowed. He could not but express the surprise he felt at this application from the Clerk, who now called on the House to express their sense of a resolution, to which he (the Clerk) had so long and uniformly given his own construction. Mr. RUTLEDGE had hoped that, after the explanation from the Speaker, the House would have been saved the trouble of this resolution offered by the gentleman from New York, (Mr. MITCHILL.) He considered the resolution, to furnish papers, not made for the sole use of the members; they were to be sent to their constituents, in order that those who live at a distance from presses may be informed of the proceedings in the National Councils. I cannot agree with the gentleman on my left, (Mr. SMILIE.) I think he must be mistaken in the object of that resolution. It has been the practice in Philadelphia, with respect to the Universal Gazette, to take as many of the weekly as were an equivalent to a daily paper. I cannot conceive the necessity of the Clerk's troubling the House, especially as the practice now in use has been sanctioned by himself. He could wish the gentleman from New York would withdraw his motion, as he thought it unnecessary; but if he would not, he should vote for it. Mr. ELMER was opposed to the motion. The question was taken on Mr. MITCHILL'S resolution, and carried, 50 voting in the affirmative. WEDNESDAY, December 22. Another member, to wit: JOHN ARCHER, from Maryland, appeared, and took his seat. A Message was received from the PRESIDENT OF THE UNITED STATES, as follows: Gentlemen of the House of Representatives : I now transmit a report from the Secretary of State, with the information requested in your resolutions of the seventeenth instant. In making this communication, I deem it proper to observe, that I was led by the regard due to the rights and interests of the United States, and to the just sensibility of the portion of our fellow-citizens more immediately affected by the irregular proceeding at New Orleans, to lose not a moment in causing every step to be taken which the occasion claimed from me; being equally aware of the obligation to maintain, in all cases, the rights of the nation, and to employ, for that purpose, those just and honorable means which belong to the character of the United States. DEC. 22, 1802. TH. JEFFERSON. H. OF R. The said Message, and the papers referred to therein, were read, and ordered to lie on the table. On motion, it was. Resolved, That the Committee of Ways and Means be instructed to inquire whether any, and, if any, what, alterations or amendments are necessary to be made to the act, entitled "An act to amend an act, entitled 'An act to lay and collect a direct tax within the United States." Mr. T. MORRIS submitted a resolution, instructing the Committee of Ways and Means to inquire whether any and what alterations are necessary in the act supplementary to the act laying a direct tax. He stated his object to be the postponement of the time of selling lands for the non-payment of taxes; the necessity of which arose from the confused manner in which the assessment had been made in a part of the State (New York) which he represented. Agreed to. THE MINT. Mr. RANDOLPH rose, in order to renew a motion which he had made yesterday, and on whichbeing called to the door when some objections were urged against it-he was surprised to find himself in a small minority. Understanding that the refusal to resolve itself into a Committee of the Whole on his motion for abolishing the Mint, was the effect of a desire on the part of the House to receive the report of the Director of that institution, for the past year, he would endeavor to show that the House were already in possession of competent information, and that it could not be affected by any communication which the head of that department might make. If this were a subject novel to the House, and of an undigested nature, he should readily acknowledge his motion to have been premature; nor would it, under those circumstances, have been submitted to the House. But, on examination, it would appear that the subject had been matured during the last session; that information of the most satisfactory nature had been received from the Director; and a bill actually passed the House. That information, if it were not in the recollection of every member of the House, was accessible to all of them. It stated explicitly that the machinery would not last, without repair, longer than another yearthe horses were so old that it would be necessary, this, he presumed, had not renewed itself; that at the end of the year, to replace them by othersthese had not, he supposed, grown younger; that the lot was too circumscribed, and this, he imagined, had not enlarged its limits; that the expense of the institution could not, by any new arrangements, be reduced below twenty thousand dollars. The Director had not only recommended a change of the site, but of the modus operandi of the machinery of the Mint, by supplying the labor of horses by steam. Upon this information the House had acted last session. No general election having intervened, he must presume that no change of sentiment had taken place. He, therefore, thought he had a right to consider this subject as perfectly mature, and there being no other business before the House, hoped it would |