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The Senate resumed the motion made yesterday, for leave to bring in a bill to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, 1808; and, after debate, the previous question was moved for, to wit: Shall the main question be now put? And the yeas and nays being required by one-fifth of the Senators present, on th previous question, it passed in the affirmative-yeas 16, nays 11, as follows:

YEAS-Messrs. Anderson, Bradley, Condit, Fenner, Howland, Kitchel, Logan, Maclay, Mitchill, Plumer, Smith of Maryland, Smith of Tennessee, Smith of Vermont, Stone, Thruston, and Worthington.

NAYS-Messrs. Adair, Adams, Baldwin, Gaillard, Gilman, Jackson, Moore, Pickering, Sumter, Tracy, and Wright.

SENATE.

a bill, entitled "An act 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;" also a bill, entitled An act supplementary to the act, entitled An act regulating the grants of land appropriated for the refugees from the British Provinces of Canada and Nova Scotia ;" in which bills they desire the concurrence of the Senate.

The bills last mentioned were read and ordered

to the second reading.

PROCEEDS OF PUBLIC LANDS.

Mr. TRACY, from the committee to whom was referred the examination of the act, entitled "An act to enable the people of the eastern division of the Territory Northwest of the river Ohio, to form a constitution and State government; and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes;" and to report the in their opinion, the money appropriated by said act ought to be applied, made the following report, which was ordered to lie for consid

manner,

And the yeas and nays being required, on the main question, by one fifth of the Senators pres-eration: ent, it passed in the affirmative-yeas 18, nays 9, as follows:

YEAS-Messrs. Anderson, Bradley, Condit, Fenner, Gilman, Howland, Kitchel, Logan, Maclay, Mitchill, Plumer, Smith of Maryland, Smith of Tennessee, Smith of Vermont, Stone, Thruston, Worthington, and Wright.

NAYS-Messrs, Adair, Adams, Baldwin, Gaillard, Jackson, Moore, Pickering, Sumter, and Tracy.

So leave was given to bring in the bill, and it was read the first time.

WEDNESDAY, December 18.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Theodorick Armistead," in which they ask the concurrence of the Senate.

The bill was read, and ordered to the second reading.

Mr. LOGAN gave notice that he should to morrow ask leave to bring in a bill to suspend the commercial intercourse between the United States of America and the French Island of St. Domingo.

On motion, the bill to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord 1808, was read the second time, and the further consideration of the bill was postponed to the first Monday in December next.

THURSDAY, December 19.

The bill, entitled "An act for the relief of Theodorick Armistead," was read the second time, and referred to Messrs. TRACY, BALDWIN, and ANDERSON, to consider and report thereon.

That, upon examination of the act aforesaid, they find the one-twentieth part of five per cent. of the net proceeds of the lands lying within the State of Ohio, and sold by Congress from and after the 30th day of June, 1802, is appropriated for the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the river Ohio, to said State, and through the same: such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass.

They find that, by a subsequent law passed on the 3d day of March, 1803, Congress appropriated three per cent. of the said five per cent. to laying out and making roads within the State of Ohio, leaving two per cent. of the appropriation contained in the first-mentioned law, unexpended; which now remains for "the laying out and making roads from the navigable waters emptying into the Atlantic, to the river Ohio, to said

State."

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Two per cent. on which sum amounts to $12,652. Twelve thousand six hundred and fifty-two dollars were, therefore, on the first day of October last, subject to the uses directed by law, as mentioned in this report-and it will be discerned that the fund is constantly accumulating, and will, probably, by the time regular preparations can be made for its expenditure, amount to eighteen or twenty thousand dollars.

The committee have examined, as far as their limited time, and the scanty sources of facts within their reach would permit, the various routes which have A message from the House of Representatives been contemplated for laying out roads pursuant to the informed the Senate that the House have passed | provisions of the act first mentioned in this report.

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They find that the distance from Philadelphia to Pittsburg is three hundred and fourteen miles by the usual route, and on a straight line about two hundred and seventy.

From Philadelphia to the nearest point on the river Ohio, contiguous to the State of Ohio, which is probably between Steubenville and the mouth of Grave creek, the distance by the usual route is three hundred and sixty miles, and on a straight line, about three hundred and eight.

From Baltimore to the river Ohio, between the same points, and by the usual routes, is two hundred and seventy-five miles, and on a straight line, two hundred and twenty-four.

From this city, (Washington,) to the same points on the river Ohio, the distance is nearly the same as from Baltimore; probably the difference is not a plurality of miles.

From Richmond, in Virginia, to the nearest point on the river Ohio, the distance by the usual route is three hundred and seventy-seven miles; but new roads are opening which will shorten the distance fifty or sixty miles-two hundred and forty-seven miles of the contemplated road, from Richmond northwesterly, will be as good as the roads usually are in that country, but the remaining seventy or eighty miles are bad, for the present, and probably will remain so for a length of time, as there seems to be no existing inducement for the State of Virginia to incur the expense of making that part of the road passable.

DECEMBER, 1805.

tions on this or other routes, and an increase of the requisite fund, as the discoveries of experience may point out their expediency and necessity. The committee being fully convinced that a wise Government can never lose sight of an object so important as that of connecting a numerous and rapidly increasing population, spread upon a fertile and extensive country, with the Atlantic States, now separated from them by mountains, which, by industry and an expense moderate in comparison with the advantages, can be rendered passable.

The route from Richmond must necessarily approach the State of Ohio, in a part thinly inhabited; and which, from the nature of the soil, and other circumstances, must remain so, at least for a considerable time; and from the hilly and rough condition of the country, no roads are, or can can be, conveniently made leading to the principal population of the State of Ohio. These considerations have induced the committee to postpone, for the present, any further consideration of that route.

The spirit and perseverance of Pennsylvania are such, in the article of road-making, that no doubt can remain but they will, in a little time, complete a road from Philadelphia to Pittsburg, as good as the nature of the ground will permit. They are so particularly interested to facilitate the intercourse between their trading capital, Philadelphia, not only to Pittsburg, but also to the extensive country, within that State, on the Western waters, that they will of course surmount the difficulties presented by the Alleghany mountain, Chesnut Ridge, and Laurel Hill, the three great and almost

From Baltimore to the Monongahela river, where the route from Baltimore to the Ohio river will intersect it, the distance, as usually travelled, is two hun-exclusive impediments, which now exist on that route. dred and eighteen miles, and on a straight line about one hundred and eighty-four. From this point, which is at or near Brownsville, boats can pass down with great facility to the State of Ohio, during a number of months in every year.

The above distances are not all stated from actual mensuration, but it is believed they are sufficiently correct for the present purpose.

The State of Maryland, with no less spirit and perseverance, are engaged in making roads from Baltimore, and from the western boundary of the District of Columbia, through Fredericktown to Williamsport. Were the Government of the United States to direct the expenditure of the fund in contemplation upon either of these routes, for the present, in Pennsylvania or Maryland, it would probably so far interfere with the obserThe committee have not examined any routes north-vations of the respective States, as to produce mischief ward of that leading from Philadelphia to the river Ohio, nor southward of that leading from Richmond, because they suppose the roads to be laid out must strike the river Ohio on some point contiguous to the State of Ohio, in order to satisfy the words of the law making the appropriation; the words are, "leading from the navigahle waters emptying into the Atlantic, to the river Ohio, to the said State, and through the same."

The mercantile intercourse of the citizens of Ohio, with those of the Atlantic States, is chiefly in Philadelphia and Baltimore; not very extensive in the towns on the Potomac within the District of Columbia; and still less, with Richmond, in Virginia. At present, the greatest portion of their trade is with Philadelphia; but it is believed their trade is rapidly increasing with Baltimore, owing to the difference of distance in favor of Baltimore, and to the advantage of boating down the Monongahela river, from the point where the road strikes it, about seventy miles by water, and fifty by land, above Pittsburg,

instead of benefit; especially as the sum to be laid out by the United States is too inconsiderable, alone, to effect objects of such magnitude. But as the State of Maryland have no particular interest to extend their road across the mountains; and if they had it, it would be impracticable, because the State does not extend so far; the committee have thought it expedient to recommend the laying out and making a road from Cumberland, on the northerly bank of the Potomac, and within the State of Maryland, to the river Ohio, at the most convenient place between a point on the easterly bank of said river, opposite to Steubenville and the mouth of Grave creek, which empties into said river Ohio, a little below Wheeling, in Virginia. This route will meet and accommodate the roads leading from Baltimore and the District of Columbia; it will cross the Monongahela river, at or near Brownsville, sometimes called Redstone, where the advantage of boating can be taken, and from the point where it will probably intersect the river Ohio, there are now roads, or they can easily be made over feasible and proper ground, to and through the principal population of the State of Ohio.

Cumberland is situated at the eastern foot of the Al

The sum appropriated for laying out and making roads is so small, that the committee have thought it most expedient to direct an expenditure to one route only; they have therefore endeavored to fix on that which, forleghany mountains, about eighty miles from Williamsthe present, will be most accommodating to the citizens of the State of Ohio, leaving to the future benevolence and policy of Congress, an extension of their opera

port by the usual route, which is circuitous, owing to a large bend in the Potomac, on the bank of which the road now runs; the distance on a straight line is not

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more than fifty or fifty-five miles, over tolerable ground for a road, which will probably be opened by the State of Maryland, should the route be established over the mountains as contemplated by this report.

From Cumberland to the western extremity of Laurel Hill, by the route now travelled, the distance is sixty-six miles, and on a straight line about fifty-five; on this part of the route, the committee suppose the first and very considerable expenditures are specially necessary. From Laurel Hill to the Ohio river, by the usual route is about seventy miles, and on a straight line fifty-four or fifty-five; the road is tolerable, though capable of amelioration.

To carry into effect the principles arising from the foregoing facts, the committee present herewith a bill for the consideration of the Senate. They suppose that, to take the proper measures for carrying into effect the section of the law respecting a road or roads to the State of Ohio, is a duty imposed upon Congress by the law itself, and that a sense of duty will always be sufficient to insure the passage of the bill now offered to

the Senate.

To enlarge upon the highly important considerations of cementing the union of our citizens located on the Western waters with those of the Atlantic States, would be an indelicacy offered to the understandings of the body to whom this report is addressed, as it might seem, to distrust them. But from the interesting nature of the subject, the committee are induced to ask the indulgence of a single observation.

Politicians have generally agreed that rivers unite the interests and promote the friendship of those who inhabit their banks; while mountains, on the contrary, tend to the disunion and estrangement of those who are separated by their intervention. In the present case, to make the crooked ways straight, and the rough ways smooth, will, in effect, remove the intervening mountains, and by facilitating the intercourse of our Western brethren with those on the Atlantic, substantially unite them in interest, which, the committee believe, is the most effectual cement of union applicable to the human

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Resolved, That Commissioners be appointed, with ample powers, to settle all disputes relative to the lands ceded by North Carolina to the United States, and to quiet all claims, agreeable to the conditions of the

cession.

SENATE.

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The bill, entitled "An act supplementary to the act, entitled 'An act regulating the grants of land appropriated for the refugees from the British Provinces of Canada and Nova Scotia," was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and TRACY, to consider and report thereon.

The bill to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, was read the second time; and the further consideration of the bill made the order of the day for Monday next.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to repeal so much of the act, entitled 'An act regulating foreign coins, and for other purposes, as is contained in the second section thereof;" also a bill, entitled "An act supplementary to the act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic" in which bills they desire the concurrence of the Senate.

The bills were read, and ordered to the second reading.

TRADE WITH ST. DOMINGO. Agreeably to notice given on the 18th instant, Mr. LOGAN asked leave to bring in a bill to suspend the commercial intercourse between the United States of America and the French island of St. Domingo.

Mr. L. observed, that the attention of Congress had been called to this subject by the President of the United States, at the commencement of the last session of Congress, in the following words:

"While noticing the irregularities committed on the ocean by others, those on our own part should not be omitted, nor left unprovided for. Complaints have been received, that persons residing within the United Resolved, After satisfying all just claims, and the ex-States have taken on themselves to arm merchant vespenses incident thereto, that one- part of all the public lands belonging to the United States, within the limits aforesaid, ought to be appropriated for the use of a college or university in said State, forever; one part for the use of schools for the instruction of children, forever; and five per cent. on the net proceeds of the sales of the public lands, for the purpose of making

sels, and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, independently of the authority of their country, cannot be permitted in a well ordered society. Its tendency to produce aggressions on the laws and rights of other nations, and to endanger the peace of our own, is so

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obvious, that I doubt not you will adopt measures for restraining it effectually in future."

The first complaint alluded to in the Message of the President, is a letter addressed to the Secretary of State, by the Envoy of Great Britain, dated on the 31st of August, 1804, in which he observes:

"I have received information respecting several vessels which have of late been armed in, and have sailed from the different ports of the United States, some loaded with articles contraband of war, (gunpowder is said to be the general article,) others with cargoes of innocent goods, and others again in ballast. After the diligent inquiry which it has been my duty to make on so important a subject, I think that I can have the honor of stating to you with certainty, that several vessels of the above description, which are mentioned to be schooner rigged, have sailed lately from the port of Baltimore, whilst others of a larger size, even ships of considerable burden, and completely equipped for war, have sailed from the port of Philadelphia, bound to the possessions of His Majesty's enemies in the East as well as West Indies. It is said the object of some of these equipments is to force a trade with the blacks in the Island of St. Domingo, in which attempt the public prints have stated so circumstantially, as to leave no doubt on the subject, that two American vessels have been captured by French cruisers, after making resistance. But I have strong reason to believe, that the destination of others, particularly from the port of Philadelphia, have been with cargoes of contraband articles to the enemies' possessions in the East and West Indies.

"Let their destination, however, be what they may, it cannot, I conceive, but be justly considered, that such armaments, on the part of the citizens of a neutral State, must be attended with consequences prejudicial to a belligerent Power, and may, therefore, be deemed rightly as offensive, for which reason the law of nations has stated one of the first obligations of neutrality to be that of abstaining from all participation in warlike expeditions. The armed vessels alluded to, may become the property of the King's enemies either by capture at sea, or by purchase in the ports to which they are destined, and are thus in readiness to be converted immediately into instruments of hostility against His Majesty, whilst in another point of view they are calculated to protect the vessels when they are loaded with contraband articles, against the lawful search and detention of a lawfully commissioned cruiser, when the latter shall be of inferior force. Indeed, I conceive that it may not be giving too great an extent to the principle of the law of nations, without attending to the nature of the cargo, to consider the very arms, ammunition, and other implements of war, with which such vessels are furnished as contraband articles, when the vessels have been thus equipped without the authority of the nation to which they belong.

"I understand, sir, that the armanents in question have in fact taken place under no commission or authority whatever from the Government of the United States. I have therefore thought it my duty to have the honor of making you acquainted with the information that has reached me on this subject, and if the observations which I have taken the liberty to make upon it should happily be conformable to the sentiments of the American Government, I can safely trust to their justice, as well as to their jealousy of observing the most strict neutrality in the present war, to take such measures as shall appear to them the most proper for

DECEMBER, 1805.

suppressing the illegal proceedings complained of on the part of those individuals, citizens of the United States, who shall appear to be concerned in them."

In a letter from the Chargé des Affaires of France dated the 7th of May, 1804, and addressed to the Secretary of State, he observes:

"The undersigned is informed, in a manner which leaves him no room to doubt it, that the American merchants, who pursue this commerce (meaning the commerce with St. Domingo) publicly arm, in the ports of the United States, vessels which are intended to support by force a traffic contrary to the law of nations, and to repel the efforts which the cruisers of the French Republic are authorized to make in order to prevent it. These armaments have also for their object to cover the conveyance of munitions to the revolted of that colony. The Government of the United States cannot be ignorant of these facts, which are public; the consequences thereof have already been manifested in the West Indies, where the public papers advise that there have been actions between the French cruisers and American vessels carrying on this commerce. In considering the matter merely under the view of the law of nations, it is manifest that American citizens, under the very eyes of their Government, carry on a private and piratical war against a Power with which the United States are at peace. The undersigned would be wanting in his duty if he did not vindicate, under such circumstances, the rights and dignity of his Government, which are openly injured, and if he did not call the attention of Mr. Madison to the disagreeable reflection which the French Government would have a right to make, if the silence of the local authorities respecting acts of this nature should be imitated by the Government of the United States."

"The French Government certainly could not see without a profound regret, that after having given to the United States the most marked proofs of the desire to place the good understanding of the two nations upon the most immoveable foundations, by abandoning national interests which might have eventually produced collisions, individual interest should now be permitted to compromit this good understanding. Its regret would be still much greater, if, when the dignity and safety of France are openly injured in the United States, by their citizens, the American Government should preserve, respecting these violations, a silence which would appear to offer an excuse, and even a sort of encouragement, to all the excesses which cupidity may attempt. Besides, that the peace of the two nations cannot but be seriously compromitted by the proceedings of the individuals, and by the reprisals to which they must necessarily lead, this state of things would infallibly tend to diminish the amicable disposition which the two Governments wish to cultivate."

Mr. L. observed that the commerce as carried a violation of the law of nations, which the United on by the citizens of the United States is not only States as an independent nation is bound to obey, but is in direct violation of a treaty made in 1800, between the United States and France: a treaty on the most liberal principles as to the rights of neutrals, and highly advantageous and honorable to both nations.

To remedy the evils complained of, a law was enacted during the last session of Congress to regulate the clearance of armed merchant vessels; this act has operated as a deception, as, since the publi

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cation of the law, the trade with St. Domingo has been carried on to as great if not greater extent than formerly. The only merit of the arming law, is, that in a national view it removes the responsibility from the individual who may be engaged in the trade, to the Government by which it is authorized.

Whilst we are anxious to have our own national rights respected, is it honorable to violate the rights of a friendly Power with whom we are at peace? or is it sound policy to cherish the black population of St. Domingo whilst we have | a similar population in our Southern States, in which should an insurrection take place, the Government of the United States is bound to render effectual aid to our fellow-citizens in that part of the Union? Mr. L. concluded by observing that in bringing forward the bill under consideration, he was not influenced by views of friendship towards England or France, but to preserve the immediate honor and future peace of the United States.

SENATE.

in this House that in consequence of that very passage in the President's Message of last year, and of those very complaints of those foreign Ministers, a bill did actually pass both Houses of Congress, after a long and ample discussion of the subject; which bill was intended to remove those causes of complaint, and is now in force. This bill I have understood was satisfactory on all hands, and it has been within a very few days declared by a member of this body, in his place, to have given satisfaction to the French Government in particular, nor has that information been contradicted. This conclusion indeed may be inferred from the tenor of the President's communication to Congress at the commencement of the present session. If any intimation of complaints from foreign Powers relative to this subject, is contained in this message, it has escaped my attention, and I can indeed safely affirm there is none. And is not this silence itself, a strong, an irresistible proof that no such complaints have been made, but that the measures adopted by Congress at the last session have been satisfactory? Believing it as I do, and that no needless interference of the Government with the regular course of commercial transactions ought ever to be countenanced, I hope the gentleman from Pennsylvania (Mr. LOGAN) will not have leave to bring in this bill.

Mr. ADAMS.—Mr. President: Had the gentleman who asks leave to introduce this bill, assigned any new reasons as the foundation of his motion, whatever my opinion might have been upon their merits, I should not think it proper to combat them at this time; but the object of the bill is so simple, that its details are immaterial. Its purpose is to- Mr. JACKSON Seconded Mr. LOGAN's motion, and tally to prohibit a branch of our commerce, which in reply to Mr. ADAMS said, that he wished Mr. at the last session of the Legislature was proved LOGAN to make it an annual motion, as Mr. Sawto be of great importance to the country. Unless, bridge had, in the Parliament of England, to reduce therefore, a majority of the Senate should be of septennial Parliaments, but with more effect, until opinion that the bill ought to pass, it appears to the trade so highly dishonorable to national charme that the present is the stage at which it ought acter was annihilated. As to Mr. ADAMS's obserto be arrested: since the mere discussion of the vations that the bill was not allowed to be brought question, and pendency of the measure before Con- in last session, and that he had heard no new argress, may have an unfavorable effect upon the guments, he would answer the gentleman by asking commercial interest, or at least injuriously affect what new arguments had been advanced on the individual merchants, in the course of their affairs. bill to prohibit the importation of slaves, when It is well known to every member upon this leave was given two days since to bring in the bill, floor, and to the public in general, that the same and the same arguments had been rung in our ears gentleman who now wishes to introduce this bill, by Quakers and others, ever since the Constitution at the last session of Congress made a motion had been in operation, and not a new one had been for leave to bring it in at that time, which was re- produced. He said that the day would come when jected; and I expected that on its renewal at this this dishonorable traffic would be rued by the Unitime he would have alleged some new grounds ted States; that day must arrive when a general for the measure; but in this expectation I have peace would take place, when the present hostilbeen disappointed. He tells us, indeed, that unless ities must cease; that it must and would then bewe do prohibit this commerce it will inevitably come the interest of every nation of Europe, having lead us into a war with the French Republic. I colonies in the West Indies, to extirpate this horde have certainly no more disposition than any gen- or ship them off to some other place. That the tleman here to be at war with the French Repub- United States, by affording them succor, arms, amlic; but, excepting that gentleman's assertion, (to munition, and provisions, must be considered by which I am willing to give all the credit which it them as their allies-their supporters and their procan be entitled to,) what particle of evidence have tectors. That he believed the United States would we that the St. Domingo trade will expose us to be viewed in this light by the French Governany such danger? What evidence has the gentle- ment and by themselves, and that they would deman himself alleged in support of his assertion? mand and expect us to grant them an asylum as Why, sir, he has read to us a part of the President's allies and protectors, and send them to our coast. Message, at the opening of the last session of Con- This was no novelty, and he had received inforgress; and a correspondence between the British mation from a late celebrated French General, and French Ministers, and the Secretary of State, given in a public company at the city of Washsix or nine months previous to that time, and com-ton where he boarded, and the General was one plaining that some of our merchant vessels were armed. It is surely needless for me to mention

who dined there; that arrangements had been made, if General Le Clerc had been victorious, to

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