the will of an individual? How can any man whose political opinions differ from a marshal, be safely tried for any political offence touching his life, his character, or his fortune, while the political character of the jury, who are to try him, depends upon the selection of a marshal? Suppose for instance, a man is charged with a libel against the President of the United States; that this libel charges the President with acts of so important a nature and so injurious to the welfare of the Union, that, unless they can be removed or the writer convicted of a libel and punished, the President would be likely to lose the confidence of the people, and consequently his re-election to office; that the marshal of the district knows this; that the President's feelings are alive to the decision; that he feels his public character, the affections of the people in his principles, and his re-election to office all at stake: that, in short, it is of the utmost consequence to him, this person should be convicted and humbled. Under these circumstances, is it not expecting more than we have generally a right to expect from him, or natural to suppose, that the marshal will feel himself entirely unmoved; that he will carefully select moderate men, who are not attached particularly to party, and who will really compose so impartial a jury as to give the defendant a fair chance of having justice done him? Or is it not more correct to suppose, that in such a case a marshal will recollect that it was from the President he received his office; that he holds it at his pleasure; that if in a case so important to the President and where his feelings are so much alive, the marshal should be lukewarm or make a selection of men not approved, he would probably lose his office; but that if he should exert himself, array a decided jury, whose opinions on politics were not to be shaken, and procure a conviction, that the President would not be unmindful of his zeal, and that amongst the numerous lucrative appointments in his gift the marshal would not be forgotten? I ask if this is not the proper mode to reason a question of this sort? I allude not to particular cases. On general subjects where I conceive it my duty to act, I condescend not to mention anything that may have happened. I am endeavoring to regulate for the future. I thank Heaven that in the State to which I belong, juries are on the best establishment. I wish, for the honor of the United States, and the character of their judiciary, that the same purity and impartiality in the administration of justice should pervade the whole; that equal laws, and not the opinions or wishes of individuals, should govern in their decisions, and that the principles which were among the leading objects of the American Revolution, should forever obtain and be insured to our citizens: until they do, it is in vain for the people of those States to think that while their juries are summoned at will by a marshal, they are free-or that the citizens of the other States, having impartial juries, will ever think of removing to reside among them, or trust themselves or their fortunes under laws whose administration is so unsafe and precarious. Nor can there be a doubt, that when the difference in this JANUARY, 1800.. important part of their Government comes to be, as it will hereafter, perfectly understood, that in emigrations to this country, the enlightened foreigner will prefer living in States having impartial juries, to those in which, in every act and almost word of his life, he is to be at the mercy of a marshal, holding his office at the will of a President. This difference between Pennsylvania, Virginia, and the other States I have mentioned, and Southern ones, places the former in so unequal not to say degrading a situation with respect to the administration of justice, that I will not for a moment suppose they will any longer submit to so improper a system. I can never believe that when the subject has been fairly brought to their view, that States so enlightened, and so distinguished by their love of republican liberty, will feel themselves easy until they have obliged the State Legislatures to adopt the mode of drawing juries by lot. It is in vain to think of repealing sedition laws, or asserting the liberty of the press, as secured by the Constitution, until this reform takes place. This power in a marshal, is a more complete and severe check on the press, and the right of the people to remark on public affairs, than ten thousand sedition laws, because here the power to select and by that means govern the opinion of juries, is continual, always increasing, and in a great degree subject on every trial to the wishes and directions of a President. In times of party. when opinions run high, and contending factions oppose each other with violence, it is then truly dreadful. Justice, which has been represented and ought forever to be blind to the political opinions of men, becomes on these occasions as keen-eyed as the eagle, it pounces into every recess and corner of a State, drags forth the avowed and political enemies of the accuser, and arrays them on his jury. I will hope, for the freedom of our country, this has not yet taken place; but that it may, and that it should be guarded against, no man will deny. Let us, by adopting the model recommend, or something like it, give to our citizens the comfort of reflecting that amidst the storms and conflicts which may attend a republican form, they will, on every question respecting their lives, characters, or fortunes, be always entitled to a fair and impartial trial by jury, secured by equal laws, the impartial election of which no man however elevated or no officer however willing can dare to control or interfere with. It is our duty to give to our citizens this valuable reform. They have a right, from the nature of our Government, to expect it; amidst all the fluctuations of parties and changes of men and measures, it will be to them a solid consolation to reflect that their private rights are secure, and that, with respect to these, their Government is indeed a Government of laws. Under this sacred guard the honest and the innocent may safely come to trial, nor will advocates be afraid to defend them, nor consider it as hopeless to attempt it. The people will revere your tribunalsthey will then have no reason to fear that faction or corruption may curb your bench of justice, fill the seats of your jurors, or stain the annals of your judiciary with innocent blood sacrificed at the shrine of party or ambition; the dreadful evils which have disgraced the tribunals of other countries, will be avoided, and you will exhibit to an admiring and imitating world the finest and most unexceptionable form they have yet witnessed. Give them this improvement, and say that your judges, while they continue as such, shall hold no other offices, and we may safely defy any nation that has preceded us to exhibit a judiciary by any means comparable to the one we shall then possess. MONDAY, February 3. Mr. WATSON presented the petition of Abraham Franklin, and John Franklin, jun., merchants, of the city of New York, and owners of the ship Amelia, captured in the year 1799, by a French national corvette, and recaptured by the United States ship of war Constitution, and by the said Franklins purchased at public auction, praying for a new register; and the petition was read. Ordered, That it be referred to Messrs. WATSON, GOODHUE, and LANGDON, 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 to discharge Robert Sturgeon from his imprisonment;" in which they desire the concurrence of the Senate. They agree in part to the amendments of the Senate to the bill, entitled "An act to repeal part of an act, entitled 'An act to provide for mitigating or remitting the forfeitures. penalties, and disabilities, accruing in certain cases therein mentioned." The bill first mentioned was read and ordered to the second reading. Ordered, That the amendments of the House of Representatives to the amendments of the Senate to the bill, entitled "An act to repeal part of an act, entitled 'An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," be referred to the committee to whom the bill was originally committed on the 15th of January last. to consider and report thereon. Mr. LAURANCE presented the petition of Reuben Smith and Nathan Strong, praying payment for the bounty on certain articles exported by them; the formalities required by law being, through casualty, omitted. Ordered, That the petition, and the papers accompanying the same, be referred to the committee appointed the 24th of December last, on the petition of Peter Aupoix, to consider and report thereon to the Senate. The bill to establish an uniform mode of drawing juries by lot, in all Courts of the United States, was read the second time, and referred to Messrs. PINCKNEY, NICHOLAS, CHAPMAN, LAURANCE, and DEXTER, to consider and report thereon to the Senate. On motion, by Mr. PINCKNEY, the subjoined resolution was read, and ordered to lie on the table: Resolved, That the following amendment to the Constitution of the United States be recommended to SENATE. the adoption of the Legislatures of the different States; and that, when adopted by three-fourths of the said Legislatures, the same shall become a part of the said Constitution: That neither the Chief Justice nor any Judge of the United States shall hold any other appointment, or office, under the Government of the United States, or the individual States, during his continuance in office as a Judge of the United States; and that the acceptance of such other office shall vacate the appointment of any Judge accepting the same. Mr. Ross, from the committee to whom was recommitted the bill, entitled "An act providing for the enumeration of the inhabitants of the United States," reported further amendments. Ordered, That they lie for consideration. Ordered, That the third reading of the bill, sent from the House of Representatives, entitled "An act for the relief of John Vaughan," be postponed to Wednesday next, and that, at 12 o'clock on that day, there be a call of this House. TUESDAY February 4. Mr. Ross, from the committee to whom was referred the amendments of the House of Representatives to the amendments of the Senate to the bill, entitled "An act to repeal part of an act, entitled 'An act to provide for mitigating or remiting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," made report. Whereupon, Resolved, That the Senate do recede from their amendments disagreed to by the House of Representatives, and concur in their amendments to the amendments. The bill, sent from the House of Representatives, entitled An act to discharge Robert Sturgeon from his imprisonment," was read the second time and referred to Messrs. TRACY, BALDWIN, and DEXTER, to consider and report thereon to the Senate. The Senate proceeded to consider the report of the committee to whom was recommitted the bill, entitled "An act providing for the enumeration of the inhabitants of the United States," to which they agreed; and, having adopted sundry other amendments. Ordered, That this bill pass to a third reading. WEDNESDAY, February 5. Agreeably to the order of the 3d instant, a call of the House was made, and the following members were present: Messrs. Anderson, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dexter, Foster, Franklin, Goodhue, Greene, Gunn, Hillhouse, Howard, Langdon, Latimer, Laurance, Livermore, Lloyd, Marshall, Mason, Nicholas, Paine, Pinckney, Read, Ross, Schureman, Tracy, Watson, and Wells. The bill, sent from the House of Representatives, entitled "An act for the relief of John Vaughan," was read the third time. On motion to amend the preamble to the bill, a motion for the previous question was made; and And the proposed amendment being disagreed to, THURSDAY, February 6. The bill, sent from the House of Representatives, entitled, "An act providing for the enumeration of the inhabitants of the United States," was read the third time; and, being further amended, Resolved, That this bill pass with amendments. FRIDAY, February 7. Mr. WATSON presented the petition of Lyon Lehman, praying remission of the duty on a number of fire-arms, imported from Hamburg, for reasons mentioned therein; which was read, and referred to Messrs. WATSON, LANGDON, and HowARD, to consider and report thereon to the Senate. Mr. GOODHUE, from the committee appointed to consider the subject, reported a bill for aug, menting the compensation of the Senators and members of the House of Representatives of the United States; which was read, and ordered to the second reading. Mr. TRACY, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act to suspend in part an act, entitled An act to augment the Army of the United States, and for other purposes," reported amendments; which were read. Ordered, That they be printed for the use of the Senate. Mr. Ross presented the memorial of George Isham and others, purchasers of certain tracts of land, between the Great and Little Miami rivers, of John C. Symmes, and praying confirmation of their contracts; and the petition was read. Ordered, That it lie on the table. MONDAY, February 10. FEBRUARY, 1800, On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the bill last mentioned in the message be again read at this time. Ordered, That it be referred to Messrs. Ross, BROWN, and DAYTON, to consider and report thereon to the Senate. On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the bill first mentioned in the message be now again read. Ordered, That it be referred to the above mentioned committee, to consider and report thereon to the Senate. The VICE PRESIDENT laid before the Senate a report from the Secretary for the Department of Treasury, of the goods, wares, and merchandise, exported from the United States, during one year, prior to the 1st day of October, 1799; exhibiting the amount exported to each foreign nation; and the report was read. Ordered, That it lie on the table. On motion," That a committee be appointed to consider whether any compensation ought to be allowed to John Heckwelder, for the losses he sustained, during the war between the United mittee have power to report by bill or otherwise;" States and Great Britain, and that the said comit was agreed that the motion should lie on the table. The bill for augmenting the compensation of the Senators and members of the House of Representatives of the United States was read the sec ond time; and it was agreed that the further consideration thereof be postponed until to-morrow. A message from the House of Representatives informed the Senate that the House have passed a resolution, authorizing the President of the Senate and the Speaker of the House of Representatives to adjourn their respective Houses on the first Monday in April next; in which they desire the concurrence of the Senate. The resolution was read, and ordered to lie on the table. A motion was made as follows: Resolved, That the resolution of the Senate of the United States, passed on the 10th of February, 1796, requiring the Secretary of the Treasury to prepare annually, and lay before the Senate, in the month of January in each year, a statement of the imports of the United States, shall be, and the same is hereby, altered and amended so as not to require hereafter any statement of the amount exported to each foreign nation. It was agreed that this motion lie on the table. Mr. TRACY notified the Senate that he would to-morrow move for leave to bring in a bill for the relief of Ithamar Canfield. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act giving further time to the holders of military warrants to register and locate the same;" a bill, entitled "An act for the relief of James Yard;" a bill, entitled "An act respecting the Mint;" a bill, entitled "An act declaring the assent of Congress to certain acts of the State of Maryland and Georgia;" and a bill, entitled The Senate took into consideration the amend"An act in addition to an act, entitled An actment reported by the committee, to whom was reregulating the grants of land appropriated for mili- ferred the bill, sent from the House of Representatary services, and for the Society of the United tives, entitled "An act to suspend in part an act, Brethren for propagating the Gospel among the entitled An act to augment the Army of the UniHeathen;" in which bills they desire the concur- ted States, and for other purposes ;" and it being rence of the Senate. adopted, The bills were severally read, and ordered to the second reading. Ordered, That this bill pass to the third reading as amended. TUESDAY, February 11. Agreeably to notice of yesterday, Mr. TRACY had leave to bring in a bill for the relief of Ithamar Canfield, which was read, and ordered to the second reading. The bill, sent from the House of Representatives, entitled "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," was read the second time, and referred to Messrs. HOWARD, GUNN, and PAINE, to consider and report thereon to the Senate. The bill, sent from the House of Representatives, entitled "An act for the relief of James Yard." was read the second time, and referred to Messrs. BINGHAM, WATSON, and GOODHUE, to consider and report thereon to the Senate. The bill, sent from the House of Representatives, entitled "An act respecting the Mint," was read the second time, and referred to Messrs. LIVERMORE, GOODHUE, and MARSHALL, to consider and report thereon to the Senate. The bill, sent from the House of Representatives, entitled "An act to suspend in part an act, entitled 'An act to augment the Army of the United States, and for other purposes," was read the third time. On motion, it was agreed to amend the amendment adopted yesterday, as follows: “SEc. 2. And be it further enacted, That the provisions of this act shall not be construed to prevent the President from employing any officer or officers in recruiting for the four first regiments of infantry, and the two regiments of artillerists and engineers: and the President is hereby authorized to employ any officer or officers in the recruiting service for the aforesaid regiments, on the terms prescribed by law, and until the full complement of men are procured, pursuant to the first section of the act for the better organizing the troops of the United States, and for other purposes; any provision in the said section or act to the contrary notwithstanding." And, on motion to strike out the amendment thus amended, it passed in the affirmative-yeas 17, nays 14, as follows: YEAS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, Dexter, Foster, Franklin, Greene, Hill house, Langdon, Livermore, Marshall, Mason, Nicholas, Paine, and Pinckney. NAYS-Messrs. Bingham, Chipman, Goodhue, Gunn, Howard, Latimer, Laurance, Lloyd, Read, Ross, Schureman, Tracy, Watson, and Wells. On motion to agree to the final passage of the bill, it passed in the affirmative-yeas 21, nays 10, as follows: SENATE. considered, were disagreed to; wherepon, by unanimous consent, the bill was read the third time, and passed. WEDNESDAY, February 12. Mr. BALDWIN, presented the petition of Jonas Fauche, captain, and others, officers of the troop of militia dragoons, formerly under his command, praying compensation for military services in the State of Georgia; which was read, and referred to the Secretary for the Department of War, to consider and report thereon to the Senate. the United States, of the 8th of January last, toOrdered, That the Message of the President of gether with the report of the Treasurer of the Mint, of the first of the said month, be referred to Messrs. HILLHOUSE, LIVERMORE, and GOODHUE, to consider and report thereon to the Senate. Mr. WATSON, from the committee to whom was referred the petition of Abraham Franklin, and John Franklin, junior, reported that the prayer of the said petitioners ought not to be granted, and that they have leave to withdraw their petition; and the report was adopted. Senators and members of the House of Represent- atives of the United States was read the second time; and, being amended, Ordered, That it pass to the third reading as amended. referred the bill, sent from the House of RepresentMr. TRACY, from the committee to whom was atives, entitled "An act to discharge Robert Sturgeon from his imprisonment," reported amendments: Ordered, That they be printed for the use of the Senate. The Senate took into consideration the motion made on the 10th instant, relative to the propriety of allowing a compensation to John Heckwelder: and the motion was agreed to, amended as follows: Resolved, That a committee be appointed to consider whether any compensation ought to be allowed to John Heckwelder for his services during the war between the United States and Great Britain; and that the said committee have power to report by bill or otherwise. Ordered, that Messrs. Ross, TRACY, and BLOODWORTH, be the committee. The bill for the relief of Ithamar Canfield was read the second time, and referred to Messrs. "TRACY, DEXTER, and CHIPMAN, to consider and report thereon to the Senate. YEAS-Messrs. Anderson, Baldwin, Bingham, Blood- The Senate resumed the consideration of the worth, Brown, Cocke, Dexter, Foster, Franklin, Good-motion made the 10th instant, to alter and amend hue, Greene, Gunn, Hillhouse, Howard, Langdon, Liv- the resolution of the Senate, of the 10th of February, ermore, Marshall, Mason, Nicholas, Paine, Pinckney. NAYS-Messrs. Chipman, Latimer, Laurance, Lloyd, 1796, requiring, from the Secretary for the DeReed, Ross, Schureman, Tracy, Watson, and Wells. partment of Treasury, certain statements, of imports and exports; and, after debate, So it was Resolved, That this bill pass. Mr Ross, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act giving further time to the holders of military warrants to register and locate the same," reported amendments; which, being Ordered, That the further consideration thereof be postponed. The Senate took into consideration the resolution of the House of Representatives for the adjournment of the two Houses of Congress on the first Monday in April next; and, after debate, Ordered, That the further consideration thereof be postponed until the second Tuesday in March next. THURSDAY, February, 13. The Senate took into consideration the amendment reported by the committee, to the bill sent from the House of Representatives, entitled "An act to discharge Robert Sturgeon from his imprisonment;" which was adopted, and the bill was ordered to the third reading as amended. The bill for augmenting the compensation of the Senators and members of the House of Representatives of the United States was read the third time. Ordered That the further consideration thereof be postponed until the first Monday in December next. FRIDAY, February 14. Mr. Ross, from the committee appointed the 28th of January last, reported a bill prescribing the mode of deciding disputed elections of President and Vice President of the United States; which was read and ordered to the second reading. The bill, sent from the House of Representatives, entitled "An act to discharge Robert Sturgeon from his imprisonment," was read the third time. Ordered, That it be recommitted to the committee to whom it was originally referred, further to consider and report thereon to the Senate. MONDAY, February 17. The VICE PRESIDENT laid before the Senate a report relative to the claim of Seth Harding, in pursuance of the act. entitled "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia," signed James M'Henry, Oliver Wolcott, and John Steele; and the report was read. Ordered. That it be referred to Messrs. LANGDON, HILLHOUSE, and PAINE, to consider and report thereon to the Senate. Mr. TRACY, from the committee to whom was referred the bill for the relief of Ithamar Canfield, reported amendments thereto, which were read. Ordered, That they lie for consideration. The bill prescribing the mode of deciding disputed elections of President and Vice President of the United States was read the second time; and the further consideration thereof postponed until Wednesday next. On motion by Mr. GREENE, "That it be referred to the Secretary of the Treasury to prepare and report to this House a plan for establishing an uniformity in the weights and measures of the United States:" FEBRUARY, 1800. and if to any, what land, lying in the State of Tennessee to which the United States hath a right by cession from North Carolina : It was agreed that this motion lie on the table. Mr. Ross, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act in addition to an act, entitled An act regulating the grants of land appropriated for military services and for the Society of the United Brethren for propagating the Gospel among the Heathen," reported amendments, which 6 were read. Ordered, That they lie for consideration. TUESDAY, February 18. 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 navy; and the petition was read. Ordered, That it be referred to Messrs. HOWARD, WATSON, and TRACY, to consider and report thereon to the Senate. Mr. ANDERSON presented the petition of Shadrack Inman, of the State of Tennessee, praying compensation for property taken from him for public service in the State of North Carolina, in the year 1780; and the petition was read. Ordered, That it be referred to Messrs. ANDERSON. CHIPMAN, and BLOODWORTH, 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 to extend the time of payment of bonds given for duties of impost in certain cases," in which they desire the concurrence of the Senate. The bill was read and ordered to the second reading. The Senate took into consideration the amendments reported by the committee, to the bill, sent from the House of Representatives, entitled "An act in addition to an act, entitled 'An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen ;" which amendments were adopted; and the bill was ordered to the third reading as amended. WEDNESDAY, February 19. The bill, sent from the House of Representatives, entitled "An act to extend the time of payment of bonds given for duties of impost in certain cases," was read the second time and referred to Messrs. GoODHUE, WATSON, and TRACY. to consider and report thereon to the Senate. The Senate took into consideration the amendments reported by the committee, to whom was referred the bill for the relief of Ithamar Canfield. Ordered, That the bill be recommitted to the original committee, further to consider and report thereon to the Senate. Agreeably to the order of the day, the Senate took into consideration the bill prescribing the |