Commissioners of Loans, and referred to the Committee of Ways and Means, who had reported a disagreement thereto. To this report the House, after a full discussion, had disagreed-yeas 58, nays 55. It would also be found that, on a subsequent day, a resolution had been offered for the appointment of a select committee to bring in a bill for the discontinuance of those officers. This resolution appeared to have been rejected-yeas 52, nays 58. It followed from this statement that the first decision had been made when there were one hundred and thirteen members present, while the last was made when there were hut one hundred and ten members present. The use, Mr. J. said, which he meant to make of these facts, was this: that inasmuch as the House, by their first disagreement, had negatived the disagreement of the Committee of Ways and Means to the original resolution, that resolution must be considered as still before the House; which was, that the Committee of Ways and Means be instructed to bring in a bill; whereas the last vote had only decided that a select committee should not be appointed to bring in a bill. He therefore gave notice that he should, on Thursday next, call up the original resolution. LOUISIANA TERRITORY. The House resumed the consideration of the unfinished business of Friday, being the report of the committee of conference on the amendments proposed by the Senate to the bill for carrying into effect the laws of the United States in Louisiana. The SPEAKER stated, that when the House had adjourned, an amendment had been offered to the report, which he had declared in order, and that an appeal had been made from his decision. H. OF R. the immunities appurtenant to them attached to all the inhabitants at the period of cession; that the treaty admitted of no discrimination, embracing in its provisions all the inhabitants of the ceded territory. To allow one description of inhabitants, viz. those who had resided in the Territory for five years, according to the report of the committee of conference, to register their vessels, while those who had resided a shorter period were prohibited, would be in effect to invade the rights of the latter by giving the former exclusive privileges. The treaty being the supreme law of the land, it was insisted that Congress did not possess the right of violating it, and that should they make any distinction, in hostility to it, they would give the inhabitants of the ceded Territory just grounds of dissatisfaction, and might create a pretext on the part of the ceding Power to obstruct its execution. It was further observed that the distinction would sow the seeds of jealousy among the inhabitants of Louisiana, and disturb that tranquillity and content which it was the policy of the United States to cherish. Mr. GREGG, during the course of the debate, declared himself so far friendly to the principle of the amendment, as to be in favor of extending the right to register vessels to citizens of the United States, Spanish subjects, and French citizens. The opponents of the motion observed that the Constitution had authorized Congress to fix one uniform rule of naturalization, under which authority they had passed a law requiring five years' residence, previous to the naturalization of an alien; and that under the revenue laws of the United States none but citizens were permitted to register their vessels; to extend this right to all the inhabitants of Louisiana would be to give them an unjust and unconstitutional preference over the inhabitants of the United States who were not citizens. It was allowed that when the inhabitants of the ceded territory were admitted into the Union, they would be entitled to all the rights of citizens of the United States; but it was contended that until such admission, they must be viewed in the light of colonists, subject to the discretionary government of the United The amendment of Mr. VARNUM was then stat- States. The proposed amendment was unjust, ed, and after considerable verbal variation, was as it extended important privileges to the inhabiagreed to, in such a form as substantially to allow tants of Louisiana denied by our laws to our own all the inhabitants of Louisiana on the 30th of citizens. For, while a citizen could not naturalApril, on taking an oath of allegiance to the Uni-ize a foreign bottom, this amendment would perted States, and citizens, to obtain register for their vessels. At the request of a member, the SPEAKER stated several precedents, considered by him to be in point; and declared that on mature reflection he was of opinion that the amendment was in order: on which Mr. NICHOLSON observed, that he had made the appeal in consequence of the doubts suggested by the Speaker; as they were removed, he would withdraw his motion. The motion was supported by Messrs. VARNUM, | LUCAS, G. W. CAMPBELL, BEDINGER, SMILIE, DENNIS, SLOAN, and HOLLAND; and opposed by Messrs. NICHOLSON, DANA, and HASTINGS. By the former it was contended, that according to the third article of the Convention with France the inhabitants of the ceded territory were to be admitted into the Union as soon as possible, according to the principles of the Federal Constitution; and that in the meantime they were to be maintained in the enjoyment of their liberty, property, and religion; that vessels were property, and that consequently the undisturbed right to all mit an inhabitant of Louisiana to naturalize his ships, which could be considered in no other light than foreign bottoms. It had been said that this provision ought to be extended to all the inhabitants of Louisiana because the treaty had so prescribed. To this it was replied, that were there no other reasons for rejecting the motion, this would be sufficient, as, if agreed to, it went to establish the principle that the President and Senate, in the exercise of the treaty-making power, could make as many foreigners citizens, as they pleased; and that on this ground alone, were there no other, it became Congress, and especially that House, to resist the adoption of a principle so fraught with danger. To this last remark the advocates of the amendment answered that the treaty-making power was unquestionably under the Constitutional control of Congress, who might, or might not, carry a treaty into effect; but that, after having carried it generally into effect, as had been the case with the Louisiana Convention, it became the supreme law of the land, and a discretion ceased to exist in the Government to fulfil or violate it. On agreeing to the amendment, the House divided-yeas 55, nays 48. The remaining part of the report of the committee of conference was then agreed to without any division. TUESDAY, February 7. Mr. NICHOLSON, from the committee to whom was committed, on the twenty-fifth of November last, the bill supplementary to the act, entitled "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each State, shall be authenticated, so as to take effect in every other State," reported an amendatory bill; which was read twice and committed to a Committee of the whole House to-morrow. Mr. RANDOLPH, from the committee, presented a bill to amend the charter of Alexandria; which was read twice and committed to a Committee of the whole House to-morrow. Mr. EUSTIS, from the committee to whom was recommitted the bill for reprinting the laws of the United States, and for the more extensive distribution of the same, reported an amendatory bill to provide for a more extensive distribution of the laws of the United States; which was read twice and committed to a Committee of the whole House to-morrow. On motion made and seconded that the House do come to the following resolutions: FEBRUARY, 1804. road shall be established; the same shall thereafter be deemed and taken as a public road: And if any person shall alter, change, or obstruct the same, the person so altering, changing, or obstructing the same, shall be liable to a penalty, not exceeding fifty dollars, for every such offence. Resolved, That the said Court shall have power to estimate the damages to which the proprietor or proprietors of the land, over which such road shall be established, is entitled, and the same shall be levied and paid to such proprieter or proprietors in the manner hereinafter provided. Resolved, That the Court shall appoint an overseer or superintendent to make and keep in repair such road, and may allow such compensation therefor as they may think reasonable, and may, for incapacity, negligence, or other misconduct, remove such overseer or superintendent, and appoint another in his place, as often as may be necessary. Resolved, That if such road shall be laid out within that part of the District which was formerly included within the limits of Prince George's county, in the State of Maryland, the whole expense of establishing and keeping in repair the same shall be assessed upon, and paid by, the City of Washington and that part of the county, without the limits of the city, which was included within the county aforesaid, in a proportion corresponding to the amount of assessable property within their respective limits. If such road be established in that part of the District formerly included within Montgomery county, in the State aforesaid, then the expenses aforesaid shall be defrayed in manner aforesaid by Georgetown, and that part of the county included within the limits of the last mentioned county, in proportion to the amount of the assessable property within their respective limits. Ordered, That the said motion be referred to the Committee of the whole House to whom was committed, on the twenty-fifth ultimo, the bill to lay out and open a new public road in the county of Washington, in the District of Columbia. Mr. VAN HORNE, from the committee appointed on the thirtieth ultimo, presented a bill granting further time for locating military land warrants, and for other purposes; which was read twice and committed to a Committee of the Whole on Friday next. Mr. THOMAS, from the committee appointed on the eighteenth of October last, presented a bill further to alter and establish certain post roads, and for other purposes; which was read twice and committed to a Committee of the Whole on Thursday next. Resolved, That, whenever any number of citizens of the United States, not less than forty, residing within the District of Columbia, shall present a petition to the Circuit Court of the United States for the District of Columbia, praying that a public road may be laid out within the said District, the said Court, if they think the same reasonable and proper, may authorize the laying out of such road, in such manner, and of such width, as to do as little injury as possible to the owner or owners of the land through which the same shall pass, and so as to promote the public convenience: And the Court shall direct the person appointed to lay out the same, to make a return of his proceedings The House took up Mr. LEIB's motion for the therein, and shall cause notice to be given to the pro-appointment of a committee to bring in a bill to prietors of the lands, over which the same shall be laid prohibit the appointment of Judges of the United out, to appear before the Court, on the return thereof, to States to other offices, and agreed to it—yeas 67. show cause, if any, he, she, or they have, why the Court PUBLIC LANDS. should not confirm the said return: And if any objection be made thereto, the Court, on hearing the parties, may either reject or confirm the same; and, in case of a rejection thereof, may proceed to take such order as to the course of such road, as they may think proper; Provided, That no such road shall be made to run through any yard, garden, or orchard. On motion of Mr. NICHOLSON, the House resolved itself into a Committee of the Whole on the report of the committee appointed to inquire providing for the sale of the public lands of the into the expediency of amending the several acts United States. Resolved, That the Court shall cause an accurate The following resolution was before the Comdescription of such road to be made and recorded inmittee of the Whole on a former day: in the office of the clerk of the county in which the said Resolved, That the Secretary of State, the Secreta ry of the Treasury, and the Attorney General, for the time being, be authorized to receive propositions of compromise and settlement from the several companies, or persons claiming public lands in the territory of the United States lying south of the State of Tennessee and west of the State of Georgia; and, finally, to adjust and settle the same in such manner as, in their opinion, will conduce to the interest of the United States." An amendment, limiting the power of the Commissioners to the limits prescribed by the convention between the United States and Georgia, had been adopted in Committee of the Whole. No records being kept of the proceedings in Committee of the Whole, a question arose how far the Committee had proceeded on the subject heretofore? Mr. VARNUM Suggested that the resolution, as amended, had been agreed to. This being denied by other gentlemen, the Committee proceeded to debate the resolution. Mr. GREGG made a few observations against the resolution, and Messrs. NICHOLSON and JACKSON replied; when Mr. ELLIOT observed that he was apprehensive the debate was perfectly out of order. Upon reflection, he was convinced, beyond a doubt, that the resolution, as amended. had already been adopted in Committee of the Whole. This statement being confirmed by Mr. VARNUM and Mr. TENNEY, The CHAIRMAN decided that it was not in order further to debate the merits of the resolution. Mr. EUSTIS moved that the Committee rise and report the resolution to the House. Mr. NICHOLSON, although in favor of the resolution, moved to reconsider it, in order to open the debate de novo. Mr. ELLIOT inquired of the CHAIRMAN whether the motion to reconsider superseded the motion to rise and report? The CHAIRMAN decided that it did not. The Committee then rose and reported the resolution, as amended; when Mr. HUGER moved that the further consideration of the resolution be postponed for a fortnight, in order to introduce an amendment placing the Virginia and South Carolina Yazoo Companies on the same footing with other claimants. This motion was withdrawn on the sugges tion of Mr. J. RANDOLPH, who moved to recommit the resolution to a Committee of the Whole. After considerable debate, the motion was lost-yeas 50, nays 54. The question recurring on the postponement, was, likewise, after debate, lost. Mr. BRYAN moved to refer the subject to a select committee; lost-yeas 37. nays 59. When the House adjourned without deciding on the resolution reported by the Committee. WEDNESDAY, February 8. Mr. J. C. SMITH, from the Committee of Claims, presented a bill for the relief of certain military pensioners in the State of South Carolina; which H. OF R. was read twice and committed to a Committee of the Whole House on Friday next. A representation of Duncan McFarland, of the State of North Carolina, accompanied with sundry documents, was presented to the House, complaining of an undue election of SAMUEL D. PURHouse for the district composed of the counties of VIANCE, the member returned to serve in this and Montgomery, in the said State. The repreAnson, Cumberland, Richmond, Robinson, Moore, referred to the Committee of Elections. sentation, with the papers accompanying it, was The House resumed the consideration of the resolutions reported yesterday from the Commitport of the committee who were directed" to intee of the Whole, to which was referred the require into the expediency of amending the several the United States," made the second of December acts providing for the sale of the public lands of last; and, after some debate thereon, adjourned. THURSDAY, February 9. A memorial and petition of sundry citizens of Baltimore, in the State of Maryland, and mariners of the United States, in the said city, was presented to the House and read, praying that a law may be passed to authorize the admission into the marine hospitals of the United States of seamen paying, and subject to payment of hospital money, at all times, and in all cases of disease, under such provisions and regulations as to the wisdom of Congress shall seem meet.-Referred to the Committee of Commerce and Manufactures, to report thereon by bill or bills, or otherwise. A message from the Senate informed the House that the Senate recede from their first amendment to the bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the thirtieth of April, one thousand eight hundred and three, between the United States and the French Republic, and for other purposes," so far as to agree to the modification and amendment thereof proposed by the joint committee of conference; they disagree to the further amendment proposed by this House to so much of the said amendments as proposes to add a proviso to the end of the first section proposed by the Senate; and they do adhere to their said first amendment, as above amended. The Senate also so far recede from their thirteenth amendment to the said bill as to agree to the amendment and modification thereof proposed by the joint committee of conference. PUBLIC LANDS. The House resumed the consideration of the resolution reported on the seventh instant, from the Committee of the whole House to whom was referred the report, in part, of the committee who were directed" to inquire into the expediency of amending the several acts providing for the sale of the public lands of the United States," made the second of December last; whereupon, the first resolution being again read, in the following words, to wit: Resolved, That the Secretary of State, the Secretary of the Treasury, and the Attorney General, for the time being, be authorized to receive propositions of compromise and settlement from the several companies or persons claiming public lands in the territory of the United States lying south of Tennessee and west of the State of Georgia, and finally to adjust and settle the same in such manner as, in their opinion, will conduce to the interests of the United States: Provided, That, in such settlement, the said Commissioners shall not exceed the limits prescribed by the convention with the State of Georgia: A motion was made and seconded to amend the second resolution, by striking out therefrom the word "finally," next before the words "to adjust and settle the same," and by adding to the end of the resolution the following words: "and that the said Commissioners report to this House such settlement as they may make on this subject; which, when confirmed by Congress, shall be binding on all the claimants under such companies, and on the United States." And on the question that the House do agree to the said amendment, it passed in the negative. The SPEAKER then stated the question, that the House do agree to the said first resolution, as reported from the Committee of the whole House; and further debate arising thereon, the House adjourned. PUBLIC LANDS. The House resumed the consideration of the resolutions reported on the seventh instant from the Committee of the Whole, to whom was referred the report, in part, of the committee who were directed to inquire into the expediency of amending the several acts providing for the sale of the public lands of the United States," made in December last; and after some farther debate thereon, the question was taken taken that the House do agree to the first resolution, in the words following, to wit: Resolved, That the Secretary of State, the Secretary of the Treasury, and the Attorney General, for the time being, be authorized to receive propositions of compromise and settlement from the several companies or persons claiming public lands in the territory of the United States lying south of the State of Tennessee and west of the State of Georgia; and finally to adjust and settle the same in such manner as, in their opinion, will conduce to the interests of the United States: Provided, That, in such settlement, the said Commissioners shall not exceed the limits prescribed by the convention with the State of Georgia. On this resolution a long and interesting debate ensued on the circumstances attending the Yazoo FEBRUARY, 1804. speculation, and the consequences likely to ensue from the entire disallowance or compromise of the claims of individuals for compensation for lands purchased under the several acts of Georgia and ceded to the United States; when, about six o'clock, the question was taken by yeas and nays on the resolution, and carried in the affirmativeyeas 62, nays 56, as follows: YEAS-Willis Alston, jun., Nathaniel Alexander, Simeon Baldwin, Silas Betton, Phanuel Bishop, John Boyle, John Campbell, William Chamberlin, Martin Chittenden, Clifton Claggett, Jacob Crowninshield, Manasseh Cutler, Richard Cutts, Samuel W. Dana, Thomas Dwight, James Elliot, Ebenezer Elmer, WilJohn Davenport, John Dawson, William Dickson, liam Eustis, John Fowler, Gaylord Griswold, Roger Griswold, Seth Hastings, William Helms. David Hough, Benjamin Huger, Samuel Hunt, John G. Jackson, William Kennedy, Joseph Lewis, jun., Thomas Lewis, Henry W. Livingston, Thomas Lowndes, Matthew Lyon, William McCreery, Nahum Mitchell, Jeremiah Morrow, James Mott, Joseph H. Nicholson, Thomas Plater, Joshua Sands, Tompson J. Skinner, John Cotton Smith, John Smith of New York, Henry Southard, Joseph Stanton, William Stedman, James Stephenson, Samuel Taggart, Samuel Tenney, Samuel Thatcher, David Thomas, John Trigg, Killian K. Van Rensselaer, Joseph B. Varnum, Daniel C. Verplanck, Peleg Wadsworth, Lemuel Williams, Marmaduke Williams, and Thomas Wynns. NAYS-Isaac Anderson, John Archer, David Bard, George Michael Bedinger, William Blackledge, Walter Bowie, Robert Brown, Joseph Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph Clay, Frederick Conrad, John B. Earle, John W. Eppes, William Findley, James Gillespie, Peterson Goodwyn, Edwin Gray, Andrew Gregg, Samuel Hammond, John A. Hanna, Joseph Heister, William Hoge, James Holland, David Holmes, Michael Leib, John B. C. Lucas, Andrew McCord, David Meriwether, Nicholas R. Moore, Thomas Moore, Anthony New, Thomas Newton, jun., Gideon Olin, Beriah Palmer, Samuel D. Purviance, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Cæsar A. Rodney, Thomas Sammons, Thomas Sandford, James Sloan, John Smilie, John Smith of Virginia, Richard Stanford, John Stewart, Philip R. Thompson, Abram Whitehill, Richard Winn, and Joseph Winston. Trigg, Isaac Van Horne, Matthew Walton, John After motions to adjourn and postpone the subject were made and lost, and the proposition of an amendment of Mr. J. RANDOLPH So to modify the resolution as to inhibit all compensation for lands purchased under the act of Georgia of 1795 tion was carried: was declared not in order, the following resolu Resolved, That the time limited by law for filing claims in the office of the Secretary of State ought to be extended to the first day of May next. A motion was then made to refer the two resolutions to a select committee to bring in a bill, which was superseded by an adjournment until Monday. MONDAY, February 13. Mr. JOHN COTTON SMITH, from the Committee of Claims, presented a bill in addition to “An act FEBRUARY, 1804. Alexandria, Va.-Public Roads. to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary war;" which was read twice, and committed to a Committee of the whole House to morrow. The House resolved itself into a Committee of the whole House on the bill for the relief of certain military pensioners in the State of South Carolina. The bill was reported without amendment, and ordered to be engrossed, and read the third time to-morrow. The House resumed the consideration of the question depending on Friday last, at the time of adjournment, that the resolutions agreed to the same day by this House, on a report, in part, made on the second of December last, by the committee who were directed to inquire into the expediency of amending the several acts providing for the sale of the public lands of the United States," be referred to a committee, with instruction to prepare and bring in a bill, or bills, pursuant thereto: Whereupon, the said question was taken, and resolved in the affirmative. Ordered, That Messrs. NICHOLSON, MORROW, Dwight, Brown, and BRYAN, be the said com mittee. The House agreed to the modification of the amendments to the bill for carrying into effect the laws of the United States in Louisiana, as agreed to by the Senate. pro Previously to the vote of agreement, Mr. NiCHOLSON stated that by such agreement, all vision for registering vessels, whether owned by citizens of the United States or inhabitants of Louisiana, would be waived; and that that subject was before the Senate in another shape. The bill is consequently passed. Mr. NICHOLSON presented a memorial signed by Thomas Tingey, Robert Brent, Thomas Herty, and Augustus B. Woodward, in behalf of them selves and others, subscribers and members of the association in the City of Washington, for the erection of a theatre, praying for an act of incorporation. On the reference of this memorial the House divided-yeas 44, nays 51. Mr. NICHOLSON made a report on the petition of Matthew Phelps, and others, styling themselves military adventurers, concluding with a resolution that the petitioners have leave to withdraw their petition. H. OF R. tain principles were sanctioned by it which it did not become Congress to countenance. Certain qualifications of electors as well as elected were required, which were improper. [Mr. L. particularly alluded to the requisition of freehold'estate.] Mr. EPPES stated his understanding, from a respectable inhabitant of Alexandria, that the bill differed materially from the propositions agreed to by the citizens of that town. After some remarks from Messrs. J. LEWIS, FINDLEY, SMILIE, and SOUTHARD, the rising of the Committee was agreed to. PUBLIC ROADS. On motion of Mr. JACKSON, the House took up the bill making provision for the application of the money heretofore appropriated to the laying out and making public roads leading from the navigable waters emptying into the Atlantic to the Ohio river. Mr. J. CLAY moved to postpone the bill to the 1st Monday of December. Lost-yeas 41, nays 40. Mr. R. GRISWOLD moved so to amend the first section, as to vest the President with a general power to appoint three Commissioners to desigultimate decision; which motion, after a short nate a route, to be reported to Congress, for their conversation, was agreed to by a considerable majority. Mr. LYON offered a motion for empowering the President to designate the routes. Lost, without division. a The Committee rose and reported the bill with several amendments, in which the House concurred, and ordered the bill to a third reading on Wednesday. SAMUEL CORP. The House resolved itself into a Committee of the Whole, on the bill for the relief of Samuel Corp. The bill was reported to the House with an amendment; which was twice read, and agreed to by the House. On the question that the said bill, with the amendment, be engrossed for a third reading, it was resolved in the affirmative-yeas 63, nays 40, as follows: YEAS-Nathaniel Alexander, Isaac Anderson, Simeon Baldwin, David Bard, Silas Betton, Phanuel Bishop, Adam Boyd, John Campbell, William Chamberlin, Clifton Claggett, Thomas Claiborne, Manasseh Cutler, Samuel W. Dana, John Davenport, Thomas Dwight, John B. Earle, James Elliot, Ebenezer Elmer, William Eustis, William Findley, John Fowler, James Mr. LYON opposed, and Mr. NICHOLSON Sup-Gillespie, Gaylord Griswold, Roger Griswold, John A. ported the resolution, which was agreed to by the House. ALEXANDRIA, VA. The House went into Committee of the Whole, on the bill to amend the charter of Alexandria. An unsuccessful motion having been made to waive the ordinary reading of the bill, it was in part read, when Mr. LEIB moved that the Committee should rise, and ask leave to sit again. He observed that as the bill had not been printed, it was difficult to understand it; from that part which he did understand, he was persuaded cer Hanna, David Hough, Benjamin Huger, Samuel Hunt, John G. Jackson, Walter Jones, Michael Leib, Joseph Lewis, jun., Henry W. Livingston, Thomas Lowndes, John B. C. Lucas, Matthew Lyon, William McCreery, Nicholas R. Moore, Jeremiah Morrow, Thomas New ton, jun., John Patterson, Oliver Phelps, Thomas Pla ter, Samuel D. Purviance, Erastus Root, Joshua Sands, James Sloan, Henry Southard, Richard Stanford, William Stedman, James Stephenson, Samuel Taggart, Samuel Tenney, Samuel Thatcher, David Thomas, Philip R. Thompson, Philip Van Cortlandt, Killian K. Van Rensselaer, Joseph B. Varnum, Daniel C. Verplanck, Peleg Wadsworth, Matthew Walton, and Lemuel Williams. |