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table, relative to the captain, officers, and crew of the Constellation; when

Mr. NICHOLSON said he wished it might not be taken into consideration until some official information was received upon the subject from the Secretary of the Navy, upon which resolutions can be grounded. In his opinion the resolution of the gentleman did not go far enough. It had been said, that a young officer had voluntarily lost his life, rather than shrink from his duty,

which he thought ought to be noticed. He was in favor of giving his approbation of the conduct of the officers and crew in more general terms than the resolution on the table contemplated. After some observations from Messrs. CHAMPLIN and Harper, who were of the same opin

ion,

Mr. PARKER said, he did not suppose a doubt could exist upon this subject sufficient to require any further information than had been received through the medium of the newspapers. He had seen a letter in the possession of the Secretary of the Navy, from Captain Baker, of the Delaware, who had every opportunity of knowing the situation of the enemy's frigate, was in the same harbor, and, being a nautical man, was of course able to give a correct opinion on her then situation, and the evident marks of the bravery of her antagonist with whom she contended-this was sufficient to satisfy his mind.

If, said Mr. P., gentlemen think the resolution does not go far enough, there is no one who will more cheerfully concur in offering other testimonies of approbation than myself. With respect to the young officer, whose gallantry and good conduct had been so highly spoken of, it was his intention to have brought forward a resolution for setting up his bust in a niche of the Capitol of the city of Washington.

Mr. P. concluded with observing that he had no objection to call for information from the Secretary of the Navy, and would therefore withdraw

his motion.

Mr. PARKER then moved that the House come to the following resolution, viz:

Resolved, That the Secretary of the Navy be requested to lay before this House any information he may possess respecting the engagement which lately took place in the West Indies between the United States frigate Constellation and a French ship-of-war; and, also, respecting the conduct of James Jarvis, a midshipman on board the said frigate.

Mr. SMITH moved to strike out the words in italic, which created considerable debate; when Mr. BIRD proposed to insert in lieu thereof the following words: "And also upon the conduct of any officer or other person on board said frigate who may have particularly signalized himself in the said action," which Mr. B. supposed would meet the intention of the mover, and be less liable

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MARCH, 1800.

to objection than the words proposed to be stricken out.

Mr. PARKER having consented to the modification, the resolution was agreed to.

LIMITS OF GEORGIA, &c.

The House went into a Committee of the

Whole on the bill supplementary to the act entitled an act for an amicable settlement of the the establishment of a Government in the Missislimits of the State of Georgia, and for authorizing sippi Territory.

Mr. CLAIBORNE moved two additional sections to the bill-one of which abrogates the power of the Governor of that Territory to prorogue the Legislature at his pleasure-upon which a very long debate ensued.

bers voting in favor of each of them. The ComBoth resolutions were finally agreed to, 52 memmittee rose, and upon the question, Will the House concur in the report of the Committee in their agreement to said additional sections? it passed in the affirmative-yeas 54, nays 37, as

follows:

Phanuel Bishop, Robert Brown, Samuel J.Cabell, GaYEAS-Willis Alston, Theodorus Bailey, John Bird, briel Christie, Matthew Clay, William C. C. Claiborne, John Condit, Thomas T. Davis, John Dawson, John Dennis, George Dent, Joseph Dickson, Joseph Eggleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Samuel Goode, Edwin Gray, Andrew Gregg, John A. Hanna, Thomas Hartley, Joseph Heister, William H. Hill, David Holmes, Benjamin Huger, George Jackson, James Jones, Aaron Kitchell, Michael Leib, Matthew Lyon, James Linn, Nathaniel Macon, Peter Muhlenberg, John Nicholas, Joseph H. Nicholson, Abraham Nott, Josiah Parker, John Randolph, John Smilie, John Smith, Samuel Smith, Richard Stanford, David Stone, Thomas Sumter, Benjamin Taliaferro, John Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, and Robert Williams.

NAYS-George Baer, Bailey Bartlett, Jonathan Brace, John Brown, Christopher G. Champlin, William Craik, Samuel W. Dana, John Davenport, William Edmond, Freeman, Henry Glen, Chauncey Goodrich, Elizur Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Goodrich, William Gordon, Roger Griswold, Robert Goodloe Harper, Archibald Henderson, James H. Imlay, Henry Lee, Silas Lee, Samuel Lyman, John Marshall, Harrison G. Otis, Thomas Pinckney, Jonas Platt, John Reed, Samuel Sewall, Wm. Shepard, George Thatcher, John Chew Thomas, Richard Thomas, Peleg Wadsworth, Robert Waln, and Lemuel Williams.

And the bill was ordered to be engrossed and read a third time to-morrow.

DIVISION OF NORTHWEST TERRITORY. the Committee of the whole House, made the The House proceeded to consider the report of thirteenth instant, to whom was referred the report of the committee appointed to inquire whether any, and what, alterations are necessary to be made in the judicial establishment of the Territory Northwest of the Ohio, and into the expediency of dividing the said Territory into two distinct and separate governments; and the resolution reported from the Committee of the whole House being again read in the words following, to wit:

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Resolved, That the Territory Northwest of the river Ohio be divided into two distinct and separate Governments, by a line beginning at the mouth of the Great Miami river, and running thence a north course until it intersects the boundary line between the United States and Canada.

Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that Mr. CRAIK, Mr. HARRISON, and Mr. BIRD, do prepare and bring in the same.

WEDNESDAY, March 19.

Mr. S. SMITH, from the Committee of Commerce, reported a bill for the relief of John Collet; which was read, and ordered to be engrossed for a third reading to-morrow.

Mr. GRISWOLD observing that so much had lately been mentioned about our national debt and its increase, in the public papers, he would lay on the table the following resolution:

“Resolved, That a committee be appointed to examine the accounts of the United States relating to the public debt, and to report how far the same has been increased or diminished since the establishment of the Government of the United States under the present Constitution."

A petition of Oliver Pollock, renewing his former application for compensation on account of moneys advanced for, and services rendered, the United States, during the late war, was presented to the House and read, stating that he is possessed of new proofs in support of his said demand, and praying that the House will go into an investigation of the same.

Ordered, That the said petition be referred to the Committee of Claims.

A memorial of the Select and Common Councils of the city of Philadelphia, was presented to the House and read, praying that Congress may take such precautionary measures to prevent the introduction of the plague, which has for some time prevailed in the countries bordering on the Mediterranean, as to their wisdom shall seem meet.

Ordered, That the said memorial be referred to the Committee of Commerce and Manufactures. SUNDRY BILLS.

The following engrossed bills were read the third time, and passed:

An act providing for an amicable settlement of limits with the State of Georgia, and establishing a regular Government in the Mississippi Territory;

An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned; and to increase and define the penalties for violating the rights of patentees; and

An act to enable the President of the United States to borrow money for the public service. The yeas and nays being called on the passage of the last named bill, were taken, and stood yeas 52, nays 39, as follows:

YEAS-Willis Alston, George Baer, Bailey Bartlett, John Bird, Jonathan Brace, John Brown, Christopher G. Champlin, William Cooper, William Craik, John

H. OF R.

Davenport, John Dennis, George Dent, Joseph Dickson, William Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glen, Samuel Goode, Chauncey Goodrich, Elizur Goodrich, William Gordon, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Archibald Henderson, William H. Hill, Benjamin Huger, James H. Imlay, Aaron Kitchell, Henry Lee, Silas Lee, Samuel Lyman, James Linn, Harrison G. Otis, Josiah Parker, Jonas Platt, Leven Powell, John Reed, Samuel Sewall, James Sheafe, Samuel Smith, Richard Dobbs Spaight, George Thatcher, Richard Thomas, Joseph B. Varnum, Peleg Wadsworth, Robt. Waln, Lemuel Williams, and Henry Woods.

NAYS-Theodorus Bailey, Phanuel Bishop, Robert Brown, Samuel J. Cabell, Gabriel Christie, Matthew Clay, William C. C. Claiborne, John Condit, John Dawson, Joseph Eggleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Andrew Gregg, John A. Hanna, Thomas Hartley, Joseph Heister, David Holmes, George Jackson, James Jones, Michael Leib, Matthew New, John Nicholas, Joseph H. Nicholson, John RanLyon, Nathaniel Macon, Peter Muhlenberg, Anthony dolph, John Smilie, John Smith, Richard Stanford, David Stone, Thomas Sumter, Benjamin Taliaferro, John Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, and Robert Williams.

MILITARY ACADEMY, &c.

Mr. Oris, from the Committee of Defence, reported a bill for establishing a Military Academy, and for better organizing the corps of Engineers and Artillerists.

The bill was proceeding to be read, when Mr. OTIS suggested that as this bill contained much the same in detail as a report on the subject made by the Secretary of War, with which every gentleman was acquainted, he supposed the reading would not be necessary.

Mr. MACON said he should have no objection to its being read a first time, though he did not think it necessary; but he would give notice that it was his intention to move that the bill be rejected. He mentioned his reasons to be the expense of the measure generally, which it was an improper time to incur.

The bill having been read, he made the motion. Mr. OTIS and Mr. CHAMPLIN answered. Mr. VARNUM supported the motion, which was at length negatived, 49 to 42; and the bill was referred to a Committee of the whole House.

RHODE ISLAND COLLEGE.

The House went into Committee on the report of the Committee of Claims, on the petition from the College of Rhode Island, praying payment for the occupation and certain injuries sustained by the said College on being used as an hospital for the troops of the United States, and of the French troops, during the war.

The report was, that compensation ought to be granted for the use and occupation, together with injuries sustained in the said College in its use by the Army of the United States, during the war, for an hospital.

Mr. CHAMPLIN proposed to amend the report by adding thereto, that compensation should also be made for its use by the French Army for the

H. of R.

Removal of Seat of Government, &c.

same purpose. Mr. C. as well as Mr. BROWN contended that it was proper that compensation should be allowed for its use and injury by the French, they being in the United States service, as part of the American Army. On the other hand, it was contended that the French Army were to procure their own supplies, and pay for their own damages, which, in many instances that were recited, they had done, and therefore that application should have been made to them.

After considerable conversation, the motion was rejected.

The question, then, was for agreeing to the report. This caused considerable debate. On one side it was contended that this was a claim of a sim

ilar nature to many which had been rejected from individuals, and there could be no preference to

this above the claim of an individual who had

lost his property. Doubts were also expressed
whether this claim was not barred by the statute.
In support of the claim, instances were produced
of Wilmington, Jersey, and Hartford Colleges,
having received compensation in like cases; that
the damages had been sustained, and the use made
of the house, and that if any claim at all called
for redress, it was incorporated literary societies,
by which the Government was upheld. Mr. C.
pressed the justice of the case with much zeal.
At length the resolution was agreed to in Com-
mittee, and the House concurred-yeas 51.
The Committee of Claims were instructed to
report a bill accordingly.

THURSDAY, March 20.

An engrossed bill for the relief of John Collet was read the third time and passed.

Mr. D. FOSTER, from the Committee of Claims, reported a bill for the relief of the Corporation of Rhode Island College.

Mr. CRAIK from the committee appointed for that purpose, reported a bill to divide the Territory of the United States Northwest of the river Ohio into two separate governments.

Mr. JONES, from the committee appointed for that purpose, reported a bill supplementary to the act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. These bills were severally twice read and referred to the Committee of the whole House.

The House went into Committee on the report of the committee to whom was referred the petition from several aliens of Mount Pleasant, who prayed, that having neglected to make the declaration of their desire to become citizens before the period expired which was settled by law, they may not be subjected to wait fourteen years before they could become citizens.

The Committee, after stating a variety of reasons, reported that the prayer of the petitioners ought not to be granted. The House concurred.

REMOVAL OF SEAT OF GOVERNMENT. Mr. OTIS observed that it appeared to be the general opinion that the seat of Government would be removed to the Federal City, and that Congress would commence their next session at

MARCH, 1800.

that place; and as some preliminary measures were necessary to be made previous thereto; and as it would be reposing too much power in the Commissioners who now act there to rely entirely on their reports; and as some measures must be reported and adopted before the end of the present session, he laid on the table the following resolution:

"Resolved, That a committee be appointed to consider what measures are expedient for Congress to adopt, preparatory to the removal of the seat of Government, with leave to report by bill or otherwise."

THE PUBLIC DEBT.

Mr. GRISWOLD called up a resolution he yester day laid on the table, which, after being modified by Mr. GALLATIN, was adopted, as follows:

"Resolved, That a committee be appointed to exam

ine the accounts of the United States, so far as relates to the public debt; the amount of the expenses incurred; facts as relate to the public receipts and expenditures the amount of debt extinguished; and, generally, such under the present Constitution.”

Seven members were appointed.

Mr. HARPER moved that the said committee

might be instructed to inquire into and ascertain, as near as may be, and report to the House, the amount of moneys paid since the establishment of the present Government for grants for incidental claims arising under the old Government; the amount of unfunded debt paid since that period;

the amount paid for military pensions; the amount paid for the construction and repair of light-houses, beacons, &c.; the sum paid to quell the Western and harbors; the expenses of the fabrication of insurrection; the sum paid in fortifying the ports arms and military stores; the expenses of the shipsof-war, together with the amount of materials now on hand; the sums paid for the preservation of relief and protection of American seamen; the peace with the Indian tribes; the expenses for the amount for ascertaining and fixing the boundary lines of the United States; the sums paid for the and also a statement of the whole public property preservation of peace with the Barbary Powers; of every kind acquired, and now possessed, by the Government of the United States.

of the resolution, but, as the gentleman had gone Mr. GALLATIN had no objection to the principle ticle, it would only lead the House into mistaken into detail, if he by mistake had omitted any arconclusions. He thought the amount of the whole of the expenditures as well as receipts ought to be stated in a general resolution, leaving the committee to give it in such detail as they might think

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petition of Stouffer and Wallace. The report recommended that the prayer of the petitioners should not be granted.

Mr. S. SMITH hoped the report would not be agreed to; he stated the committee to have been nearly equally divided in this case. It appeared that one of the petitioners (Mr. Wallace) being at Tortola, a British island, purchased the ship, for which a register was prayed, at $20,000; which ship had been captured and condemned, and sold in that island. Mr. S. contended that the ship was purchased under the orders and instructions of the Secretary of State, in a report made on this subject, (which was read,) and wherein it was considered proper to take vessels captured into the ports of Great Britain, or any other at war with France, provided the distance was great from the United States. Conceiving this ship entitled to all the privileges under this instruction, as it would have if it had been condemned and

sold in the United States, he thought himself perfectly safe in purchasing the vessel, not doubting but she was entitled to a register.

Mr. SEWALL stated the reasons of the commit

tee in reporting against the petition. It appeared that this gentleman had mistaken the law, and this mistake the committee thought ought to be borne by the petitioners, rather than admit a very injurious principle. The consequence would very probably be that vessels would be taken into a British port, in preference to an American port, and thus the United States would be parties in the war. Further, it appeared that this vessel was taken while the captors were in company with a British privateer. With respect to the instructions of the Secretary of State, it was not stated that all the advantages were to be allowed to a vessel sold in a British port, to which she would have been entitled if sold in the United States; and that the purchaser certainly ought to have inquired into the operation of the laws of the United States in the case, or abide by the conse

quences.

Mr. NICHOLAS said he had no doubt but the instructions of the Secretary of State were wrong, and contrary to the law, and that the determination of the committee was right, and he hoped it would be decided in that way.

H. of R.

SPEAKER decided in the affirmative, so that the claim was not admitted.

The House resolved itself into a Committee of the Whole House on the bill to provide for the execution of the twenty-seventh article of the Treaty of Amity, Commerce, and Navigation, made with Great Britain; and, after some time spent therein, the Committee rose, reported progress, and asked leave to sit again.

FRIDAY, March 21.

Mr. MARSHALL, from the committee appointed on the subject of the Western Reserve of Connecticut, made a report that the cession of the said lands ought to be accepted by the United States upon terms mentioned by a bill which he also reported, and which was referred to a Committee of the Whole House.

Mr. PARKER, from the Naval Committee, reported a bill fixing the rank and pay of the commanding officer of the Corps of Marines. Com

mitted to the Whole House.

The House then went into a Committee on the

bill supplementary to an act for regulating the trade and intercourse with the Indian tribes, &c.; which was ordered to be engrossed for a third reading on Monday next.

Mr. OTIS called up his resolution, yesterday the removal of the Government to the Federal proposed, for a committee to inquire respecting City, which he now altered, so that the reference was made to the Committee of Ways and Means. The motion was agreed to.

ACTION OF THE FRIGATE CONSTELLA-
TION.

The SPEAKER laid before the House a report from the Secretary of the Navy, in compliance with the instructions of the House, respecting the engagement which occurred between the frigate Constellation and a French ship-of-war. The report enclosed a letter from Captain Truxtun, detailing the action, and also extracts of letters from the American Consul at Curaçoa, and one from the American agent at St. Kitts, respecting the disabled state of the French ship La Vengeur. As to any particular specimen of valor, the Secretary Mr. SMITH again supported the right of the pe- received no information; but that all the officers titioner. It was but fair, he said, if a man had and men had acted with the most unexampled been led into an error, by the instructions of a pub- bravery and decorum was attested by the Captain, lic officer, that the Government should assist him. whose good management was evinced by the sinMr. Wallace had nothing to do with the priva-gular success of the action. The Secretary menteers; the captors brought the vessel and sold it to tions the singular bravery of James Jarvis, a him, at the same time producing the order of the Midshipman, who preferred death to quitting his Secretary for his security.

The Committee agreed to the report of the select committee, and the House concurred-yeas 45, nays 31.

The House went into a Committee on the report of the Committee of Claims on the petition of Amy Dardin, which was that the prayer of the petitioner ought not to be granted. Being taken up in the House, the propriety and impropriety of granting it was again contended, when there appeared in favor of the report 42, against it 42. The

post.

On motion of Mr. H. LEE, this report, together with a resolution proposed some days since by Mr. PARKER, was referred to the Naval Com

mittee.

RHODE ISLAND COLLEGE.

An engrossed bill for the relief of the Corporation of Rhode Island College was read, and, on the question for its passage, Mr. RANDOLPH wished to know what difference there was in the prin

H. OF R.

Medal to Captain Truxtun.

ciple of this claim and that which was yesterday negatived of Amy Dardin.

MARCH, 1800.

which passed the present session. It was ordered to be engrossed for a third reading.

MEDAL TO CAPTAIN TRUXTUN. Mr. PARKER, from the Naval Committee, reported the following resolutions:

66

Mr. D. FOSTER stated it to be, that the claim of Amy Dardin was barred by the statute of limitation, whereas this was not; and, being just, a bill was reported on it. The principle of the bill was strongly contested by Messrs. GOODE, GALResolved, by the Senate and House of RepresentaLATIN, and NICHOLAS, on the ground of its being tives of the United States, in Congress assembled. That barred by the statute. Messrs. D. FOSTER, OTIS, the President of the United States be requested to preand CHAMPLIN, spoke in answer. At length Mr. sent to Captain Thomas Truxtun, a golden medal, emS. SMITH moved the postponement of the ques-blematical of the late action between the United States tion on the bill until Monday, in order to ascer- frigate Constellation, of 38 guns, and the French shiptain whether it was barred or not. of-war La Vengeur, of 54 guns, in testimony of the It was postponed. high sense entertained by Congress of his gallantry and good conduct in the above engagement, wherein an example was exhibited by the Captain, officers, sailors, and marines, honorable to the American name, and instructive to its rising navy.

CHILDREN OF MAJOR TRUEMAN. The House resolved itself into a Committee on the report of the Committee of Claims, on the petition of J. Somerville and H. T. Compton, guardians of the orphan children of the late Major Alexander Trueman, who was killed in bearing a mission to the Indians. The report was, that the decision of the accounting officers of the Treasury was right, and that the prayer of the petition ought not to be granted. Mr. E. FOSTER moved to agree with the report.

[It appeared that this claim was made for the difference of half-pay between a special law that was passed in this case, and a general law that was afterwards passed in behalf of the widows and orphan children of persons slain in battle, generally.]

Messrs. J. C. THOMAS, S. SMITH, and H. LEE, spoke in favor of the claim, and Messrs. D. FosTER, MACON, and NICHOLAS, against it. After which the report was agreed to-ayes 48. The House concurred.

Mr. DAVIS afterwards laid on the table a resolution that a committee be appointed to report whether or not it was expedient to extend the general law of 1793 to the children aforesaid.

MONDAY, March 26,

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Resolved, That the conduct of James Jarvis, a Mid

shipman in said frigate, who gloriously preferred certain death to an abandonment of his post, is deserving of the highest praise; and that the loss of so promising an officer is a subject of national regret."

The House then proceeded to the consideration of these resolutions; the first of which being under consideration,

Mr. RANDOLPH said, that inasmuch as he could not give his assent to these resolutions, he felt impressed with the propriety of stating the reasons which would govern his vote.

He

It was not with any intention to detract from the deserved reputation which had been so nobly earned by the Captain, officers, and crew, of the Constellation; still less to withhold the well-earned applause due to that gallant youth who had sacrificed his life in the prosecution of his duty. It was to the first of these resolutions, only that he should deny his concurrence. should do this, unless the gentlemen of the Naval Committee should show to him that it was the duty of the commander of the Constellation to persist in the chase, and compel to action a ship of such superior force. This conduct was, in his United States and France was taken into considopinion, rash; and, when the situation of the eration, it was peculiarly unadvisable. Our ComGov-missioners were at this time in the capital of that country negotiating peace. How did the pursuit ended in the crippling of both vessels-comport of this ship the forcing her into an action, which with that protection which was to be afforded to our commerce by the Constellation?

Mr. HARPER, from the Committee of Ways and Means, reported a bill making further provision for the removal and accommodation of the ernment of the United States; which was twice read and committed to the whole House.

An engrossed bill, supplementary to the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, was read and passed.

Mr. HARPER, directed by the Committee of Ways and Means, proposed the following resolution, which was agreed to:

"Resolved, That the Committee of Ways and Means have leave to prepare and report a bill or bills for making appropriations for the various branches of the public service during the present year."

Mr. HARPER reported a bill from the Committee of Ways and Means, to amend an act providing for a second census or enumeration of the inhabitants of the United States. Mr. H. stated this act to be only an alteration to conform the bill to an amendment made to the title of the bill

Mr. R. said that his duty obliged him to act upon his own opinion; and, however singular it may appear, he should vote against the first resolution, unless the gentleman who bought it forward would make it appear that it was the duty of Captain Truxtun to compel the Vengeance to come to action, when he knew her to be of such superior force. The second resolution met his most hearty approbation.

Mr. PARKER said, what the present state of things between the two countries might be, in the opinion of his colleague, he could not say; but Mr. P. conceived it was no other than it was at the time Congress passed a bill which prescribed

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