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Ordered, That the further consideration thereof and if to any, what land, lying in the State of Tennesbe postponed until the second Tuesday in March see to which the United States hath a right by cession next.

from North Carolina :

It was agreed that this motion lie on the table.

Mr. Ross, from the committee to whom was reTHURSDAY, February, 13.

ferred the bill, sent from the House of RepresentaThe Senate took into consideration the amend- tives, entitled' “ An act in addition to an act, entiment reported by the committee, to the bill sent tled ' An act regulating the grants of land approfrom the House of Representatives, entitled “ An priated for military services and for the Society of act to discharge Robert Sturgeon from his impris- the United Brethren for propagating the Gospel onment;" which was adopted, and the bill was among the Heathen,” reported amendments, which ordered to the third reading as amended.

were read. The bill for augmenting the compensation of the Senators and members of the House of Represen

Ordered, That they lie for consideration. atives of the United States was read the third time.

TUESDAY, February 18. Ordered That the further consideration thereof be postponed until the first Monday in December

Mr. Howard presented the petition of Jeremiah Yellott, praying liberty to export a number of firearms and cutlasses, not adapted to the use of the

army or pavy; and the petition was read. FRIDAY, February 14.

Ordered, That it be referred to Messrs. HOWARD, Mr. Ross, from the committee appointed the Watson, and Tracy, to consider and report there28th of January last, reported a bill prescribing on to the Senate. the mode of deciding disputed elections of Presi

Mr. ANDERSON presented the petition of Shaddent and Vice Presideni of the United States; rack Inman, of the State of Tennessee, praying which was read and ordered to the second reading compensation for property taken from him for

The bill, sent from the House of Representa- public service in the State of North Carolina, in tives, entitled "An act to discharge Robert Stur- the year 1780; and the petition was read. geon from his imprisonment,” was read the third Ordered, That it be referred to Messrs. Andertime.

son, Chipman, and BLOODWORTH, to consider and Ordered, That it be recommitted to the com- report thereon to the Senate. mittee to whom it was originally referred, further A message from the House of Representatives to consider and report thereon to the Senate.

informed the Senate that the House have passed a bill, entitled “ An act to extend the time of pay

ment of bonds given for duties of impost in cerMonday, February 17.

tain cases,” in wbich they desire the concurrence The Vice PRESIDENT laid before the Senate a of the Senate. report relative to the claim of Seth Harding, in The bill was read and ordered to the second pursuance of the act, entitled “. An act for the re- reading: sief of the refugees from the British provinces of The Senate took into consideration the amendCanada and Nova Scotia," signed James M’Henry, ments reported by the committee, to the bill, sent Oliver Wolcott, and John Steele; and the report from the House of Representatives, entitled " An was read.

act in addition to an act, entitled 'An act reguOrdered, Thát it be referred to Messrs. LANG- lating the grants of land appropriated for military DON, Hillhouse, and Paine, to consider and report services, and for the Society of the United Brethereon to the Senate.

thren for propagating the Gospel among the HeaMr. Tracy, from the committee to whom was then;" which amendments were adopted; and the referred the bill for the relief of Ithamar Canfield. bill was ordered to the third reading as amended. reported amendments thereto, which were read. Ordered, That they lie for consideration. The bill prescribing the mode of deciding dis

WEDNESDAY, February 19. puted elections of President and Vice President of the United States was read the second time; and lives, entitled " An act to extend the time of pay

The bill, sent from the House of Representathe further consideration thereof postponed until Wednesday next.

ment of bonds given for duties of impost in cerOn motion by Mr. GREENE,

tain cases," was read the second time and referred

10 Messrs. GoodAUE, Watson, and Tracy, to “That it be referred to the Secretary of the Treasury consider and report thereon to the Senate. to prepare and report to this House a plan for establish

The Senate took into consideration the amending an uniformity in the weights and measures of the ments reported by the committee, to whom was United States :"

referred the bill for the relief of Ithamar Canfield. It was agreed that this motion lie for consider- Ordered, That the bill be recommitted to the ation.

original committee, further to consider and report On motion, by Mr. MARSHALL, that it be thereon to the Senate.

Resolved, That a committee be appointed to inquire Agreeably to the order of the day, the Senate if the Indian title has been extinguished to any land, took into consideration the bill prescribing the

FEBRUARY, 1800.

Proceedings.

SENATE.

mode of deciding disputed elections of President

Friday, February 21. and Vice President of the United States; and, after debate, adjourned.

Mr. Goodete, from the committee to whom was referred the bill, sent from the House of Rep

resentatives, entitled "An act to extend the time THURSDAY, February 20.

of payment for bonds given for duties of impost, Mr. Goodhue presented the petition of the ex

in certain cases," reported the bill without amend

ment. ecutors of Elias Haskett Derby, la te of Salem, in the State of Massachusetts, praying the interpo- referred the petition of Lyon Lehman, reported

Mr. Watson, from the committee to whom was sition of Congress in regard to the tax assessed on that the committee have leave to bring in a bill the mansion-house of the deceased, stated to have for his relief; and the report was adopted ; and been over estimated in the valuation ; and the pe-ordered that ihe committee bring in a bill accordtition was read.

ingly. Ordered, That it be referred to the Secretary The bill, sent from the House of Representatives, for the Department of Treasury, to consider and

entitled An act for the relief of James Yard." report thereon to the Senate.

was read the second time, and ordered to the third Mr. Bingham, from the committee to whom

reading. was referred the bill sent from the House of Rep

Resolved, That the Senate will, to-morrow, at resentatives, entitled “ An act for the relief of half past 12 o'clock, meet at the Senate Chamber, James Yard,” reported the bill without amend- and from thence walk in procession to the German ment.

The Senate resumed the consideration of the Calvinist Church in Race street, to hear the eulobill prescribing the mode of deciding disputed Washington.

gium pronounced on the character of General elections of President and Vice President of the

The Senate resumed the consideration of the United States, On motion to strike out of the first section of the titled "An act in addition to an act, entitled 'An

bill, sent from the House of Representatives, enbill the following words:

act regulating the grants of land appropriated for Together with the Chief Justice of the United States, inilitary services, and for the Society of United or, if he be absent from the Seat of Government or Brethren for propagating the Gospel among the unable to attend, then with the next senior Judge of

Heathen." the Supreme Court of the United States, who may be

Resolved, That this bill pass with amendments. present and able to attend.

A message from the House of Representatives It passed in the negative-yeas 11, nays 19, as informed the Senate that the House have passed follows:

a bill, entitled “ An act further to suspend the comYEAS — Messrs. Anderson, Baldwin, Bloodworth, mercial intercourse between the United States and Brown, Cocke, Franklin, Langdon, Marshall, Mason. France, and the dependencies thereof;" and a bill, Nicholas, and Pinckney.

entitled "An act to establish an uniform system Nars-Messrs. Bingham, Chipman, Dayton, Dex of bankruptcy throughout the United States;" in ter, Foster, Greene, Gunn, Hillhouse, Howard, Latimer, which bills they desire the concurrence of the Laurance, Livermore, Paine, Read, Ross, Schureman, Senate. Tracy, Watson, and Wells.

The bills were read, and ordered to the second On motion to strike out these words from the reading. 1st section: “to choose by ballot in each House six The Senate resumed the second reading of the members,” and in lieu thereof to insert "to draw bill prescribing the mode of deciding disputed elecby lot in each House members :"

tions of President and Vice President of the UniIt was determined in the negative-yeas 9, nays ted States; and, after debate, 18, as follows:

Ordered, That the further consideration thereof YEAS — Messrs. Anderson, Baldwin, Bloodworth,

be postponed. Brown, Cocke, Langdon, Marshall, Mason, and

Nr. Tracy notified the Senate that he should, Nicholas.

on a future day, ask leave to bring in a bill proNays-Messrs. Chipman, Dayton, Dexter, Foster, viding for the punishment of persons who may be Franklin, Goodhue, Greene, Gunn, Hillhouse, Latimer, convicted of frauds in squandering money, or other Laurance, Livermore, Paine, Read, Ross, Schureman, property of the United States, with which they Tracy, and Wells.

have been entrusted. Ordered, That the further consideration of the bill be postponed. The bill, sent from the House of Representatives,

SATURDAY, February 22. entitled • An act in addition to an act, entitled The bill, sent from the House of Representatives, An act regulating the grants of land appropriated entitled "An act further to suspend the commerfor military services, and for the Society or the cial intercourse between the United States and United Brethren for propagating the Gospel among France, and the dependencies thereof,” was read the Heathen," was read the third time; and, after the second time, and referred to Messrs. GOODHUE, debate,

Read, and Bingham, to consider and report thereOrdered, That the further consideration thereof on to ihe Senate. be postponed.

The bill, sent from the House of Representatives,

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SENATE.

Proceedings.

FEBRUARY, 1500. . entitled “ An act to establish an uniform system

Tuesday, February 25. of bankruptcy throughout the United States," was read the second time, and referred to Messrs. Lat tain lands in the Territory of the United States

The bill authorizing Seth Harding to locate cerRANCE, CHIPMAN, Hillhouse, LIVERMORE, and Northwest of the river Ohio, was read the second READ, to consider and report thereon to the

time; and, after debate, the further consideration Senate.

thereof was postponed. The bill, sent from the House of Representatives. entitled " An act for the relief of James Yard," informed the Senate that the House agree to all

A message from the House of Representatives was read the third time, and passed.

the amendments of the Senate to the bill, entitled * An act providing for the enumeration of the in

habitants of the United States, except the 10th, MONDAY, February 24.

to which they disagree. They have passed a bill, A message from the House of Representatives entitled “ An act to continue in force an act coninformed the Senate that the House concur in the cerning certain fisheries of the United States, and amendments of the Senate to the bill, entitled for the regulation and government of the fisher“An act providing for alvage in cases of recap- men employed therein, and for other purposes, as ture," with amendments, in which they desire the therein mentioned,” in which they desire the conconcurrence of the Senate. They have passed a currence of the Senate. They agree to all the bill, entitled "An act to allow a drawback of duties amendments of the Senate to the bill, entitled "An on goods exported to New Orleans, and therein to act in addition to an act, entitled 'An act regulaamend the act, entitled 'An act to regulate the ting the grants of land appropriated for military collection of duties on imports and tonnage,” in services, and for the Society of the United Brethwhich bill they desire the concurrence of the renfor propagating the Gospel among the Heathen," Senate.

except to those of the first section, to which they The bill last mentioned was read, and ordered to disagree. the second reading:

The bill last brought from the House of RepMr. Goodhue, from the committee to whom resentatives, for concurrence, was read, and ordered was referred the bill, sent from the House of Rep-to the second reading. resentatives, entitled “ An act further to suspend The Senate proceeded to consider their amendthe commercial intercourse between the United ment disagreed to by the House of RepresentaStates and France, and the dependencies thereof;" tives to the bill first mentioned in the message. reported the bill without amendment; and, after Wherepon, debate, it was agreed that the further consideration Resolved, That they do recede from their said of the bill at this time be postponed.

amendment. The Senate took into consideration the amend- The Senate took into consideration their amendments of the House of Representatives to their ments disagreed to by the House of Representaamendments to the bill, entitled “ An act provi- tives to the bill last mentioned in the message. ding for salvage in cases of recapture."

Whereupon, Ordered, That they be referred to Messrs. Good- Resolved, That a conference be requested on HUE, LAURANCE, and LANGDON, to consider and the amendments disagreed to, and that Messrs. report thereon to the Senate.

Ross and Brown be the managers at the same Mr. LANGDON, from the committee to whom on the part of the Senate. was referred, on the 17th instant, the case of Seth Mr. PINCKNEY, from the committee to whom Harding, reported a bill for his relief; which was

was referred the bill to establish an uniform mode read, and ordered to a second reading.

of drawing jurors by lot, in all the Courts of the The Senate resumed the second reading of the United States, reported amendnients, which were bill prescribing the mode of deciding disputed read. elections of President and Vice President of the Ordered, That they be printed for the use of the United States.

Senate. On motion, to amend the bill, section 5th, line The Vice President laid before the Senate a 7th, so as to provide that the proceedings of the report from the Secretary of the Department of committee be held in public, by striking out the Treasury, on the memorial of the executors of the words " with closed doors," and inserting, “in the late Elias Haskeit Derby, of Salem, in the State Chamber of the House of Representatives, with of Massachusetts; which was read. open doors," in lieu thereof:

Ordered, That it lie on the table. It passed in the negative-yeas 8, pays 16, as The Senate resumed the second reading of the follows:

bill, sent from the House of Representatives, enYeas — Messrs. Anderson, Baldwin, Bloodworth, titled "An act further to suspend the commercial Cocke, Franklin, Langdon, Mason, and Nicholas. intercourse between the United States and France,

Nars-Messrs. Bingham, Chipman, Foster, Good and the dependencies thereof." hue, Greene, Hillhouse, Howard, Latimer, Laurance, On motion, to strike out, in section 2, line 3, the Livermore, Marshall, Paine, Read, Ross, Tracy, and word “ Europe," and insert these words: “foreign Wells.

countries,” it passed in the negative-yeas 11, pays And, after progress, the further consideration of 16, as follows: the bill was postponed.

YEAS — Messrs. Anderson, Baldwin, Bloodworth,

FEBRUARY, 1800.

Non-intercourse '

uith France.

SENATE.

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Brown, Cocke, Franklin, Gunn, Marshall, Mason, cession of the State of North Carolina, and the expeNicholas, and Pinckney.

diency of making provision for the disposition thereof. Nars-Messrs. Bingham, Chipman, Dayton, Goodhue, Greene, Hillhouse, Howard, Langdon, Latimer, ment lie for consideration, and in the mean time

And it was agreed that the motion and amendLaurance, Livermore, Lloyd, Paine, Ross, Tracy, and be printed for the use of the Senate. Wells.

A message from the House of Representatives On motion to strike out the 6th section, as fol- informed the Senate that the House have agreed lows:

to the conference, desired by the Senate, on the “Sec 6. And be it further enacted, That, at any subject-matter of ihe amendments depending betime after the passing of this act, it shall be lawful for tween the two Houses to the bill, entitled "An the President of the United States, by his order, to re-act in addition to an act, entitled 'An act regulamit and discontinue, for the time being, whenever he ting the grants of land appropriated for military shall deem it expedient, and for the interest of the services, and for the Society of the United BrechUnited States, all or any of the restraints and prohib- ren for propagating the Gospel among the Heaitions imposed by this act, in respect to the territories then," and have appointed managers at the same of the French Republic, or to any island, port, or place, on their part. belonging to the said Republic, with which, in his opinion, a commercial intercourse may be safely renewed:

NON-INTERCOURSE WITH FRANCE. and, also, it shall be lawful for the President of the Uni

The bill, sent from the House of Representated States, whenever he shall afterwards deem it expe: tives, entitled " An act further to suspend the comdient, to revoke such order, and hereby to re-establish mercial intercourse between the United States such restraints and prohibitions; and the President of and France, and the dependencies thereof," was the United States shall be, and he is hereby, authorized read the third time. to make proclamation thereof accordingly.” It passed in the negative-yeas 11, nays 16, as

Mr. PINCKNEY said, I feel much pleasure in being follows:

present at this discussion, because I have always

wished that some parts of this bill, particularly Yeas—Messrs. Anderson, Baldwin, Bloodworth, those that relate to the delegation of the powers to Brown, Cocke, Franklin, Langdon, Marshall, Mason, the President, in the recess of Congress, should be Nicholas, and Pinckney,

Nars—Messrs. Bingham, Chipman, Dayton, Good- maturely examined, in order that I might hear the hue, Greene, Gunn, Hillhouse, Howard, Latimer, Lau- reasons upon which, what appears to me, so unurance, Livermore, Lloyd, Paine, Ross, Tracy, and Wells

. has taken place. Open as I always wish to be to

sual and unconstitutional a delegation of authority And the bill being amended, it was ordered to conviction, it will give me much satisfaction to the third reading, as amended.

find that my doubts can be removed, and that the The Senate took into consideration the motion arguments I shall use against the bill can be an. made on the 17th instant, relative to the Indian swered and refuted. It is easily to be perceived titles of land extinguished within the State of Ten- that this bill is an important one to all the Union, Dessee; and, after debate, it was agreed that the but particularly to the Southern States. It will motion be withdrawn.

be my endeavor to show that very serious inconA motion was made, by Mr DAYTON, that it be veniences have arisen from the former bill, which

this is intended to revive, both to Virginia and Resolved, That a standing Committee of Privileges, Maryland, as well as to North and South Carolina consisting of members, be appointed.

and Georgia. I am not, it is true, so anxious about Ordered That it lie for consideration until to it as I was formerly, because I trust our Commis

sioners have used their powers so well, that an

honorable and pacific arrangement with France WEDNESDAY, February 26.

will soon take place. I shall not, therefore, at this

time, go into any observations on the nature and On motion, by Mr. MARSHALL,

origin of our dispute with France, or give my opinWhereas the United States, by act of cession from ions on that subject; they have already been frethe State of North Carolina, claim the vacant and un- quently given and well known, nor do I see any appropriated lands within the State of Tennessee: And reason to alter them. I have strong Constitutional whereas the said State also claims these lands, as ap- objections to ibis bill, which it is my duty to state, pears by an act of the Legislature thereof, passed the and which compel me not to suffer it to pass with 5th day of January, 1799. And whereas it is desirable a silent vote. that the interfering claims should be settled in the most

The precedents, sir, which any measures that amicable manner; Therefore,

are unconstitutional furnish, and the abuses to Resolved, That a committee be appointed to investi

which they may be converted, are always to be gate the respective claims, and to inquire what will be guarded against. I have said, on a former occasion, the most advisable mode of settling them; and that the ihat improper doctrines or precedents, whether uncommittee be authorized to report by bill or otherwise.der the form of resolutions or of laws, if not early

Whereupon a motion was made to amend the opposed, were strengthened by time, and became motion, as follows:

liable to be applied to pernicious purposes. Upon Resolved, That a committee be appointed to inquire examining the laws which are contained in the into the situation and extent of the vacant and unappro- fourth volume, and which have been passed since priated lands claimed by the United States under the March, 1797, there is reason to apprehend the pre

morrow.

a

SENATE.

Non-intercourse with France.

FEBRUARY, 1800.

In a

cedents established by some of them, may here- present Administration, for two or three years: after be more inconvenient in their consequences with constant and too effectual perseverance, for to our peace and safety than even that sort of ma-increasing the power of the Executive. ritime warfare, in which alone there is ever any former session, we have seen a large army voted, danger of this country being engaged with an Eu- which has since been partly raised, and is now reropean Power. The present bill I consider of the solved to be reduced. There was also an act aulike character, and I therefore very earnestly hope thorizing the President to raise, if in his opinion that a pacific arrangement will be concluded, the danger was so great as to require it, 10,000 which may prevent the effects I am afraid this ad- men, as a provisional army, and, of his own and ditional precedent will afford. I consider it as sole authority, to commission all the officers; there springing from the same source with most of the was also in this act, a clause authorizing the Premeasures which have been agitated for the last sident to accept of the service of volunteer corps, two years, particularly the provisional army, and and to appoint all the commissioned officers; alas going to establish the precedent of granting to though there is an express clause in the Constituthe Executive powers, in my judgment, unwar- tion, which says, that the appointment of all the ranted by the Constitution of paving the way to officers of the militia, who may be employed in that Executive and Ministerial influence in the af- the service of the United States, shall be reserved fairs of our Government which may hereafter ren to the States respectively. I must confess, I view der the Representative part of it, and the direction this delegation to the President, of the power to and influence they ought to have, more a name raise this provisional army or not, as in his opinion than anything else. It is astonishing to me, that, the danger of our situation may require, and the having the examples on this point of another na-power intended to be given by this bill, to remit tion before us--examples which we must recollect the prohibition of intercourse, and renew it again, were held forth by Congress, during the Revolution with the whole, or any part of the French doary war, in the strongest language, as beacons to minions, as he pleases, as so intimately connected, warn us of similar dangers—we should, at so early and as standing so precisely on the same princia day, be preparing to precipitate ourselves into ples, that although it may not be perfectly in orthe same system.

der, yet, in considering the one, I cannot help Look to Great Britain, from the first day of the glancing at the other, as they both serve to bring present monarch's reign, and see what has been before you the important question, how far the ihe progression of Executive and Ministerial in Constitution authorizes Congress to delegate to fluence there, within that time. Let any gentle- the President the exercise of such extensive powers. man attentively examine the book entitled, “ The I have no doubt, in my own mind, that the Conhistory of the two acts passed, one for the preser-stitution does not authorize the delegation of these vation of the King's person against treasonable authorities, and it is among the reasons that induce practices and attempts, and the other to prevent se- me to vote against this bill. It will be granted ditious practices and assemblies," and there will that no powers are more important to a nation than he find ihe best account I have met with, of the those to regulate commerce, and to declare warmeasures which have been pursued, step by step, these, therefore, are both exclusively given to Conto establish this Ministerial and Executive influ- gress. It is observable, that although the power ence, until, by the confession of the most able and to make peace is given to the President, with the moderate of their own writers, the all-controlling advice and consent of two-thirds of the Senate, power of the Minister is now such, that he can al- yet, that so guarded is the Constitution upon the ways direct their Parliament as he pleases, and subject of war, that this is given to Congressplunge them in any war his personal resentment they alone can declare war, they alone can reg. or self-interest may prompt him to, regardless of ulate commerce; nor can they constitutionally the expense or true interests of the nation. This delegate this exercise of their authorities, by any enormous power in the hands of their Executive limitations they can annex to the manner in which and Ministers, and the total loss of influence in the their agent is to execute them: they are powers Representative part of their Government, must be so great, and so important to the peace and dearest attributed not to any one, but to a variety of mea interests of the people, that they are vested in sures, successively introduced, at first little suspect- Congress-they, and they alone, are to judge from ed, but at length, under the sanction of precedent, the circumstances before them, whether war, or increased to an alarming extent. Some gentlemen, measures that may in their tendency involve a who view such acts as the present improper, are war, are expedient. With them also rests the averse to opposing them, because they think they power to say what shall be the nature of our comsee inutility in the attempt. I differ from them merce, or the regulations necessary to its rights extremely, and consider it as the duty of every and safety; with whom and under what condimember to express his sentiments on such mea- tions it shall be carried on; with what nations, and sures as appear improper, and to resist them, even for what time it shall be interdicted. And are though satisfied of the immediate inefficiency of pot these powers so great that they ought never to that opposition, as it serves to keep the public mind be exercised but by the representatives of the peoawake to its safety and the conduct of their con- ple? In giving to them exclusively the powers of stituted authorities.

war and commerce, does not the grant include This bill is a branch of that system which has all their incidental authorities? Where is the part been pursued by the friends and supporters of the l of the Constitution which authorizes their delega

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