SENATE. Proceedings. JANUARY, 1804. ings, at present, ought to be had by the Senate respecting the impeachment of John Pickering, made report; which was read. On motion, that the Senate adhere to their amendments, disagreed to by the House of Representatives, to the bill last mentioned, it passed in the affirmative—yeas 17, nays 7, as follows: The bill, entitled "An act for the relief of Jolin YEAS-Messrs. Adams, Anderson, Armstrong, Bald- Coles," was read the second time, and referred to win, Bradley, Brown, Condit, Ellery, Franklin, Jack-Messrs. TRACY, SAMUEL SMITH, and ELLERY, to son, Maclay, Pickering, Potter, Israel Smith, John consider and report thereon to the Senate. Smith, Worthington, and Wright. NAYS-Messrs. Breckenridge, Cocke, Hillhouse, Olcott, Plumer, Tracy, and Venable. The Senate took into consideration the amendments reported by the committee to the bill, entitled "An act giving effect to the laws of the United States within the territory ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes ;" and, after progress, the Senate adjourned. FRIDAY, December 30. Mr. BRECKENRIDGE, from the committee appointed, on the 5th instant, for that purpose, reported a bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and the bill was read, and ordered to the second reading. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of John Coles;" in which they desire the concurrence of the Senate. They adhere to their disagreement to the amendments of the Senate to the bill, entitled "An act fixing the salaries of certain officers therein mentioned." The bill brought up for concurrence was read, and ordered to the second reading. Mr. WORTHINGTON, from the committee to whom was referred, on the 14th instant, the bill, entitled "An act for the relief of the officers of Government, and other citizens, who suffered in their property by the insurgents in the western counties of Pennsylvania," reported the bill with amendments; which were read, and ordered to lie for consideration. The Senate resumed the consideration of the amendments reported by the committee 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 30th of April, 1803, between the United States and the French Republic, and for other purposes;" and, after progress, Ordered, That the consideration thereof be further postponed. On motion, the Senate adjourned. MONDAY, January 2, 1804. The Senate assembled; and, on motion, adjourned. TUESDAY, January 3. Mr. TRACY, from the committee to whom was referred, on the 14th of November last, the motion to inquire if any, and what, further proceed Mr. FRANKLIN notified the Senate, that he should to-morrow ask leave to bring in a bill declaring the assent of Congress to an act of the General Assembly of the State of North Carolina, passed on the 22d day of December, 1803, entitled "An act to authorize the State of Tennessee to perfect titles to lands reserved to this State by the cession act." The bill erecting Louisiana into two Territories, and providing for the temporary government thereof, was read the second time. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: I now lay before Congress the annual account of the fund established for defraying the contingent charges of Government. No occasion having arisen for making use of any part of it in the present year, the balance, of eighteen thousand five hundred and sixty dollars, unexpended at the end of the last year, remains now in the Treasury. DEC. 31, 1803. TH. JEFFERSON. The Message and account therein referred to were read, and ordered to lie on file. The Senate resumed the consideration of the amendments reported by the committee 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 30th of April, 1803, between the United States and the French Republic, and for other purposes ;" and, after progress, Ordered, That the consideration thereof be further postponed. A message from the House of Representatives informed the Senate that the House have appointed managers on their part to conduct the impeachment against John Pickering, judge of the district court of the United States for the district of New Hampshire, and have also directed the said managers to carry to the Senate the articles agreed upon by the House of Representatives to be exhibited against the said John Pickering. On motion, the Senate took into consideration the report of the committee, made this day, on what further proceedings at present ought to be had by the Senate respecting the impeachment of John Pickering; and, on motion, it was agreed that the report be postponed. On motion, it was Resolved, That, at 12 o'clock to-morrow, the Senate will resolve itself into a Court of Impeachments, at which time the following oath or affirmation shall be administered by the Secretary to the President of the Senate, and, by him, to each member of the Senate, viz: "I solemnly swear (or affirm, as the case may be,) that, in all things appertaining to the trial of the impeachment of John Pickering, judge of the dis trict court of the district of New Hampshire, I will do Ordered, That the Secretary lay this resolutiion before the House of Representatives. SENATE. General Assembly of the State of North Carolina; and the bill was read. Ordered, That it pass to the second reading, and that it be printed, together with the act to which it refers, for the use of the Senate. A message from the House of Representatives informed the Senate that the House have passed bill, entitled "An act making appropriations for the support of the Military Establishment of the United States in the year 1804," in which they desire the concurrence of the Senate. The bill was read, and ordered to the second reading. Ordered, That a committee be appointed to Mr. ISRAEL SMITH presented the memorial of search the Journals and report precedents in cases the Washington Building Company, signed Danof impeachments; and that Messrs. TRACY, BRAD-iel C. Brent, and others, their committee, praying LEY, BALDWIN, WRIGHT, and COCKE, to whom it was referred on the 14th of November last, to consider and report, if any, what further proceedings ought to be had by the Senate, respecting the impeachment of John Pickering, be this committee. WEDNESDAY, January 4. Mr. TRACY, from the committee appointed yesterday, to examine precedents, and prepare forms necessary in the trial of John Pickering, im peached by the House of Representatives of high crimes and misdemeanors, reported, in part, that it be, Resolved, That, after the managers of the impeachment shall be introduced to the bar of the Senate, and shall have signified that they are ready to exhibit articles of impeachment against John Pickering, the President of the Senate shall direct the Sergeant-at-Arms to make proclamation; who shall, after making proclamation, repeat the following words: "All persons are commanded to keep silence, on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States, sitting as a Court of Impeachments, articles of impeachment against John Pickering, judge of the district court for the district of New Hampshire." After which the articles shall be exhibited; and then the President of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives. And the report was adopted. On motion, by Mr. ADAMS, that it be Resolved, That any Senator of the United States, having previously acted and voted as a member of the House of Representatives, on a question of impeachment, is thereby disqualified to sit and act, in the same case, as a member of the Senate, sitting as a Court of Impeachment: It was agreed, that this motion should lie for consideration. Agreeably to the resolution of yesterday, the Senate formed itself into a Court of Impeachments, and proceeded therein as is stated at large in the records of the Court. [See end of Senate Debates, post.] Agreeably to notice given yesterday, Mr. FRANKLIN asked and obtained leave to bring in a bill declaring the assent of Congress to an act of the Sth CON.-8 Legislative sanction and an act of incorporation; and the petition was read, and referred to Messrs. ISRAEL SMITH, SAMUEL SMITH, and ARMSTRONG, to consider and report thereon to the Senate. THURSDAY, January 5. After proceeding as the High Court of ImCourt being adjourned, peachments, as is stated in the record, and the Freeman, a native of the State of Massachusetts, Mr. ADAMS presented the petition of Constant and at the commencement of the Revolutionary war a resident in Canada, stating that, from early attachment to the cause of his country, he was obliged to leave that province, and having been long employed in public service, he prays to be entitled to the provisions of the acts passed the 7th of April, 1798, and the 18th of February, 1801, for the relief of the Nova Scotia and Canadian refugees; and the petition was read. Ordered, That it be referred to the committee appointed on the 27th of October last, on the petition of Martha Seamans and others, to consider and report thereon to the Senate. The bill, entitled "An act making appropriations for the support of the Military Establishment of the United States in the year 1804," was read the second time, and referred to Messrs. BRADLEY, DAYTON, and JACKSON, to consider and report thereon to the Senate. The bill declaring the assent of Congress to an act of the General Assembly of the State of North Carolina was read the second time, and referred to Messrs. FRANKLIN, BALDWIN, COCKE, VENABLE, and ANDERSON, to consider and report thereon to the Senate. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the support of the Navy of the United States during the year 1804," in which they desire the concurrence of the Senate. The bill was read, and ordered to the second reading. The Senate resumed the consideration of the amendments reported 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 30th of April, 1803, between the United States and the French Republic, and for other purposes;" and having in part adopted the amendments, On motion to strike out of the first section of the bill, after the words "United States," in the second instance, the following words: "Heretofore enacted not locally inapplicable, and now in force, and all the laws of the United States which may hereafter be enacted, shall have the like force and effect in the territories ceded to the United States by the treaty of the thirtieth day of April last, between the United States and the French Republic, which they have, or may have, in the United States, unless otherwise specially provided for." It passed in the affirmative-yeas 18, nays 8, as follows: YEAS-Messrs. Adams, Anderson, Bailey, Baldwin, Bradley, Brown, Condit, Dayton, Ellery, Hillhouse, Jackson, Olcott, Pickering, Plumer, Potter, John Smith, Venable, and Wells. NAYS-Messrs. Armstrong, Breckenridge, Cocke, Franklin, Maclay, Israel Smith, Samuel Smith, and Worthington. On motion that the bill be recommitted, it passed in the negative-yeas 11, nays 16, as follows: JANUARY, 1804. The Senate took into consideration the amendments reported by the committee to the bill, entitled "An act for the relief of the officers of Government and other citizens, who have suffered in their property by the insurgents in the western counties of Pennsylvania:" and, on motion, it was agreed that the bill and amendments be recommitted to the original committee, further to consider and report thereon to the Senate. MONDAY, January 9. referred, on the 3d instant, the bill. entitled "An Mr. TRACY, from the committee to whom was act for the relief of John Coles," reported the bill without amendment. Mr. BRADLEY, from the committee to whom was referred, on the 23d of December last, the bill, entitled "An act to incorporate the Directors of the Columbian Library Company," reported the bill with an amendment; which was read and ordered to lie for consideration. Mr. S. SMITH, from the committee to whom was recommitted, on the 23d of December last, the bill in addition to the act, entitled "An act for the punishment of certain crimes against the YEAS-Messrs. Adams, Anderson, Dayton, Hill- United States," reported the bill with amendhouse, Jackson, Olcott, Pickering, Plumer, Tracy, Ven-ments; which were read and ordered to lie for able, and Wells. NAYS-Messrs. Armstrong, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Maclay, Potter, Israel Smith, John Smith, Samuel Smith, and Worthington. A motion was made to insert, in the first section, after the word "States," in the seeond instance, in lieu of the words stricken out, the following: "Which relate to the imposing and the collection of duties on the importation of goods, wares, and merchandise, and on the tonnage of ships and vessels, shall have the same force and effect in the territories ceded to the United States, by the treaty of the thirtieth of April last, between the United States and the French Republic, which the said laws now have within the United States." And on motion, the Senate adjourned. FRIDAY, January 6. The bill, entitled "An act making appropriations for the support of the Navy of the United States, during the year 1804," was read the second time, and referred to Messrs. NICHOLAS, DAYTON, and TRACY, to consider and report thereon to the Senate. The Senate resumed the consideration of the amendments 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 30th of April, 1803, between the United States and the French Republic, and for other purposes;" and, Ordered, That the bill, together with the amendments, be recommitted, and that Messrs. BRECKENRIDGE, DAYTON, SAMUEL SMITH, ANDERSON, and JACKSON, be the committee, further to consider and report thereon to the Senate. consideration. After proceedings as the High Court of Impeachments, the Senate adjourned. TUESDAY, January 10. The Senate took into consideration the amendments reported to the bill in addition to the act, entitled "An act for the punishment of certain crimes against the United States;" and having agreed to further amendments, they were adopted; and the bill was ordered to the third reading as amended. Ordered, That the bill erecting Louisiana into two Territories, and providing for the temporary government thereof, be the order of the day for Thursday next. The Senate took into consideration the amendment reported to the bill, entitled "An act to incorporate the Directors of the Columbian Library Company;" and the amendment was adopted. Ordered, That the bill pass to the third reading as amended. bill, entitled "An act for the relief of John Coles." The Senate resumed the second reading of the Ordered, That it pass to the third reading. A motion was made by Mr. ADAMS, that the following resolutions be adopted, to wit: Resolved, That the people of the United States have never, in any manner, delegated to this Senate the power of giving its Legislative concurrence to any act for imposing taxes upon the inhabitants of Louisiana without their consent. Resolved, That, by concurring in any act of Legislation for imposing taxes upon the inhabitants of Louisiana without their consent, this Senate would assume a power unwarranted by the Constitution, and dangerous to the liberties of the people of the United States. Resolved, That the power of originating bills for raising revenue, being exclusively vested in the House of Representatives, these resolutions be carried to them by the Secretary of the Senate: that, whenever they think proper, they may adopt such measures as to their wisdom may appear necessary and expedient for raising and collecting a revenue from Louisiana. And it was agreed that the question should be taken on the resolutions separately; and, on the question to adopt the first resolution, it passed in the negative-yeas 4, nays 22, as follows: YEAS-Messrs. Adams, Olcott, Tracy, and White. NAYS-Messrs. Anderson, Bailey, Baldwin, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Plumer, Potter, I. Smith, John Smith, S. Smith, Stone, Venable, and Worthington. On the question to adopt the second resolution, it passed in the negative-yeas 4, nays 22, as follows: YEAS-Messrs. Adams, Olcott, Tracy, and White, NAYS-Messrs. Anderson, Bailey, Baldwin, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Plumer, Potter, I. Smith, J. Smith, S. Smith, Stone, Venable, and Worthington. And on the question to adopt the third and last resolution, it was determined unanimously in the negative-nays 26, as follows: Messrs. Adams, Anderson, Bailey, Baldwin, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Olcott, Plumer, Potter, I. Smith, J. Smith, S. Smith, Stone, Tracy, Venable, White, and Worthington. Mr. BRECKENRIDGE, from the committee to whom were recommitted, on the 6th instant, 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 30th of April, 1803, between the United States and the French Republic, and for other purposes," together with the amendments thereto, reported further amendments; which were read and ordered to lie for consideration. After proceedings as the High Court of Impeachments, the Senate adjourned. WEDNESDAY, January 11. The bill in addition to the act entitled "An act for the punishment of certain crimes against the United States,” was read the third time. On motion to strike out of the bill the following words: "and shall suffer death:" It passed in the negative-yeas 7, nays 22, as follows: YEAS-Messrs. Bradley, Ellery, Logan, Maclay, Potter, I. Smith, and Worthington. NAYS-Messrs, Adams, Armstrong, Bailey, Baldwin, Brown, Cocke, Condit, Dayton, Franklin, Hillhouse, Jackson, Nicholas, Olcott, Pickering, Plumer, J. Smith, S. Smith, Stone, Tracy, and White. THURSDAY, January 12. SENATE. Mr. TRACY, from the committee to whom was referred, on the 23d of December last, the bill, entitled "An act for the relief of Paul Coulon," reported it without amendment. The bill, entitled "An act for the relief of John Coles," was read the third time and passed. The bill, entitled "An act to incorporate the Directors of the Columbian Library Company," was read the third time. Resolved, That this bill pass with an amend ment. After proceedings as the High Court of Impeachments, the Senate adjourned. FRIDAY, January 13. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: The Director of the Mint having made to me his report of the transactions of the Mint for the year 1803, I now lay the same before you for your information. JANUARY 13, 1804. TH. JEFFERSON. The Message and report therein referred to were read, and ordered to lie for consideration. Mr. TRACY, from the committee to whom was referred, on the 12th of December last, a motion respecting the rule of the Senate in the case of reconsideration of bills, resolutions, or amendments, made report; which report was read, and ordered to lie for consideration. Mr. WORTHINGTON, from the committee to whom was recommitted, on the 6th instant, the bill, entitled "An act for the relief of the officers of Government and other citizens who suffered in their property by the insurgents in the western counties of Pennsylvania," together with the amendments thereon, reported the bill with fur ther amendment; which was read, and ordered to lie for consideration. The Senate resumed the second reading of the bill, entitled "An act for the relief of Paul Coulon ;" and Ordered, That it pass to a third reading. The Senate took into consideration the amendments reported by the committee to whom was recommitted 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 30th of April, 1803, between the United States and the French Republic, and for other purposes." On the question to adopt the first section of the bill, amended as follows: Be it enacted by the Senate and House of RepreResolved, That this bill do pass, that it be en-sentatives of the United States of America, in Congress grossed, and that the title thereof be "An act in assembled, That the same duties which by law now addition to an act, entitled 'An act for the punish- are, or hereafter may be, laid on goods, wares, and ment of certain crimes against the United States." merchandise, imported into the United States, on the After proceedings as the High Court of Im-tonnage of vessels, and on the passports and clearances peachments, the Senate adjourned. of vessels, shall be laid and collected on goods, wares, and merchandise, imported into the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic; and on vessels arriving in or departing from the said territories; and the following acts, that is to say, the act, entitled An act to establish the Treasury Department; An act concerning the registering and recording of ships and vessels; An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries; An act to regulate the collection of duties on imports and tonnage; An act to establish the compensations of the officers employed in the collection of the duties on imports and tonnage, and for other purposes; An act for the more effectual recovery of debts due from individuals to the United States; An act to provide more effectually for the settlement of accounts between the United States and receivers of public money; An act to authorize the sale and conveyance of lands in certain cases, by the marshals of the United States, and to confirm former sales; and An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain JANUARY, 1804. SATURDAY, January 14. Mr. SAMUEL SMITH from the committee appointed on the 12th of December last, on the subject, having obtained leave, reported a bill further to protect the seamen of the United States; and the bill was read, and ordered to the second reading. Mr. SAMUEL SMITH presented the petition of certain aliens, inhabitants of the city of Baltimore, praying the repeal or amendment of the first section of the act, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject ;" and the petition was read. The bill, entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha," was read the second time, and referred to Messrs. S. SMITH, DAYTON, and JACKSON, to consider and report thereon to the Senate. laws of the United States within the territories The bill, entitled "An act giving effect to the ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes," was read the third time. cases therein mentioned; or so much of the said acts as is now in force, and also so much of any other act On motion, it was agreed further to amend the or acts of the United States as is now in force, or may bill by striking out the words "or Natchez," in be hereafter enacted, for laying any duties on imports, the fourth line of fourth section; and the blank tonnage, seamen, or shipping, for regulating and secur- in the twelfth section was filled with the word ing the collection of the same; and for regulating the "thirty." It was also agreed to amend the title compensations of the officers employed in the collec- by striking out the words, "giving effect to the tion of the same; for granting and regulating draw-laws of the United States," and inserting in lieu backs, bounties, and allowances, in lieu of drawbacks; thereof the words, "for laying and collecting duconcerning the registering, recording, enrolling, and ties on imports and tonnage." licensing, of ships and vessels; to provide for the settlement of accounts between the United States and individuals; for the recovery of debts due to the United States; and for remitting forfeitures, penalties, and disabilities; shall extend to and have full force and effect in the above-mentioned territories. It passed in the affirmative-yeas 21, nays 8, as follows: YEAS-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, Stone, Venable, and Worthington. NAYS-Messrs. Adams, Olcott, and Plumer. And the bill having been further amended, conformably to the report of the committee, Ordered, That it pass to the third reading as amended. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha;" in which they desire the concurrence of the Senate. The bill brought up for concurrence was read, and ordered to the second reading. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and after progress therein, and proceedings as the High Court of Impeachments, the Senate adjourned. On the question to agree to the final passage of the bill as amended, it was determined in the affirmative-yeas 21, nays 3, as follows: YEAS-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Olcott, Pickering, Israel Smith, John Smith, Samuel Smith, Stone, Venable, and Worthington. NAYS-Messrs. Adams, Plumer, and Wells. So it was Resolved, That this bill pass with amendments. MONDAY, January 16. The VICE PRESIDENT communicated a letter of this date from the Hon. THEODORUS BAILEY, resigning his seat in the Senate; which was read, and Ordered, That the VICE PRESIDENT be requested to notify the Executive of the State of New York accordingly. Mr. SAMUEL SMITH, from the committee to whom was referred, on the 14th instant, the bill entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha," reported it with an amendment; which was read and adopted. Ordered, That the bill pass to the third reading as amended. Mr. JACKSON presented the petition of Charles Goodwin and others, inhabitants of the district of Barnwell and Edgefield, in the State of South |