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Mississippi Territory. make from five to eight hundred pounds weight I must also solicit the attention of the committo a hand; and, as I conceive we have as many tee of the House of Representatives to the address black as white inhabitants, we cannot make much of Cato West and others, to the Governor and less than three millions of pounds of merchant- Judges, upon the subject of the laws, and the anable cotton, equal to seven hundred and fifty swer to that address. The committee charges the thousand dollars.

Legislature with making laws in express contraWe are able to raise, at a small expense, great diction to the letter of the ordinance of 1787, quantities of pork; but the price, for three or four which authorizes them only to adopt laws already years' past, has not been more than three and a made in the original States. The Governor and half dollars; consequenıly, little has been raised. Judges, in their answer, confess that they have Our soil and climaie seems peculiarly adapted to made laws which have not been derived from any the growth of indigo, as well as cotion; and the one of the State codes; but they say they have sugar-cane thrives well in the lower part of the been in favor of the citizen, by lessening fines and Territory. I am, dear sir, with great esteem, penalties. But the committee, in their reply to yours,

N. HUNTER, ihat answer, which concludes their correspondAgent Mississippi Territory. ence. assert that the lessening of fines and penal

ties was not the object of their Legislative efforts;

and the code of laws which, it is presumed, has No.2.

by this time been transmitted to Colonel Picker

FEBRUARY 6, 1800. ing's office, will, I am fully persuaded, justify the Dear Sir: I received your obliging note of the assertion. 3d instant; and while you have my sincere and At the time of my departure from the Territory hearty thanks for your vigilance and attention to the discontents of the people were great indeed ; the business of the Natchez, I shall make every the whole country was influenced by an idea that exertion in my power to elucidate such parts of the ordinance for our government had been wanour petition and documents as may appear vague tonly abused, and the Constitution of the United or ambiguous.

Staies as wantonly violated, at a time, and under The estimate annexed to the petition of Cato circumstances, which required no such sacrifice. West and others (mentioned in your note) is not But the Governor's appointments, civil and “ the amount of the tax laid on the county of military, as they stand at present, have been a Adams by a law of the Territory;" but it appears more abundant source of discontent than any that to be the sum which the Governor thought ne has arisen under his administration. All the cessary to be raised in that county for the service principal officers that possessed the confidence of of the last year; and it was sent by him to the the people have uniformly resigned their appointfirst court of general quarter sessions in order to ments, and it will be impossible that the Govreceive the sanction of that court. This would ernor can ever be able to organize the militia, give it immediate currency, and necessarily ope- notwithstanding his extraordinary fines, in order rate in aid of his future projects of taxation. to force his appointments upon the people.

But such a manifest prodigality of the public Can it be possible that an administration, which, resources appeared upon the face of it, together from its earliest operations, has proved so repug. with so marked an opposition to the public opin- nant to the public will, and so fatal to the happiion, with regard to the place whereon the pub- ness of society, can ever be able to restore harlic buildings were to be erected, that it received mony, attach public confidence, and promote the the immediate disapprobation of the court; and I general good ?' The thing is impossible. believe a similar instrument was never presented There is yet another source of uneasiness, excited to the county of Pickering.

by the conduct of our Governor, which I feel it a I would here beg leave to call your attention to duty incumbent on me to suggest to the committhe first address of the committee, to Governor tee of the House of Representatives. He has Sargent, of the 26th of August. It is there stated heretofore been in the habit of exacting and rethat he had adopted and pursued improper meas-ceiving fees for passports granted to citizens travures; that he had given an exclusive confidence elling from the Territory to the United States, and to a party; that his measures were calculated to also for tavern and marriage licenses. It is begive confidence to the insolence of faction, and lieved that his perquisites in these instances have to suffocate the germ of public virtue in the up- not been inconsiderable; and if the practice were right citizen. He was also told that most of the forbidden by a law of Congress, it is presumed perplexities which had embarrassed him in his that the burdens of the people would be somewhat administration had undoubtedly flowed from this lessened, and a great incentive to abuse entirely source; but anxious for a general accommodation, removed. and animated with a hope of inspiring a system of My state of health will now admit of my permeasures capable of embracing that object, the sonal attendance on the committee of the House of committee was ready to admit that the Governor Representatives, and I shall take much pleasure in had been surprised into those measures by partial making such further explanation as may be desired. or designing statements. To this address, how- The people of the Mississippi Territory are exever, the Governor avoided to return an answer; tremely anxious for a Legislative Assembly; and for the fact is, the charges were too true to be de- there is no doubi existing, in my mind, as to the nied, and his conduct too improper to be justified. I entire competency of their resources.



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Division of Northwest Territory. The power of making laws, through their im-' large on their journals, and proceed to reconsider mediale Representatives, in whom they have a it. If, after such reconsideration, two-thirds of ihat confidence, and who have a common interest with House shall agree to pass the bill, it shall be sent, themselves, is a privilege which cannoi but together with the objections, to the other House. grateful to every American, and produce the best by which it shall likewise be reconsidered; and if effects in that country.

approved by two-thirds of that House, it shall beI am, dear sir, with all possible esteem, your very come a law. If any bill shall not be returned by humble servant,

N. HUNTER, the Governor within six days (Sunday excepted.)

Agent Mississippi Territory. · after it shall have been presented to him, the same Hon. W.C.C. CLAIBORNE,

shall be a law, in like manner, as if he had signed Chairman Mississippi Committee. it, unless the General Assembly, by their adjouro

ment, prevent its return; in which case, it shall

not be a law. [Communicated to the House of Reps., March 13, 1800.], to which the concurrence of the Legislative Coun

Resolred. That every order, resolution, or yote,

cil and House of Representatives may be necessary Mr. Claiborne made the following report: The (except on a question of adjournment) shall be precommittee to whom was recommitted the report sented to the Governor of the Territory, and, beupon the petition of Cato West and others, to- fore the same shall take effect, shall be approved gether with certain resolutions submitted to the by him; or, being disapproved by him, shall be reHouse on the 10th instant, proposing an abridg-' passed by two-thirds of the Senate and House of ment of the powers granted to the Governor of the Representatives, according to the rules and limitMississippi Territory, are of opinion that it would ations prescribed in the case of a bill. be expedient to adopt the said resolutions, for the Resolred, That the General Assembly meet at following reasons:

least once in every year, and such meeting shall 1. That from the infancy of the Mississippi set- ' be on the day of — unless they shall by law tlements, and their remote situation from the seat appoint a different day; Provided, That the Gore of the Federal Government, it is advisable that the ernor shall have power, on extraordinary occasions, Government of the United States should possess to convene both Houses of the General Assembly. a control over the proceedings of the Territorial or either of them. Legislature, which can alone be effected through Resolred, That neither House, during the sesthe medium of the Territorial Governor, whose re-sion of the General Assembly, shall, without the sponsibility, it is presumed, will prevent an im- i consent of the other, adjourn for more than three proper use of any powers granted.

days, nor to any other place than that in which 2. That the Territorial Government will only the two Houses shall be sitting. be temporary; and if

, in the progress of the administration thereof, the system should prove defective, the necessary alterations will, no doubt, DIVISION OF NORTHWEST TERRITORY. be made by Congress.

3. That the petitioners solicited only the benefits of the ordinance in its second grade, which, in the [Communicated to the House of Reps., March 3, 1800.] report heretofore made on the petition of Cato The committee to whom it was referred to conWest and others, the House was advised immedi- sider and report whether any, and, if any, what, ately to extend to the Mississippi Territory ; this alteration is necessary in the judiciary establishmeasure the committee still think is dictated by ment of the Territory Northwest of the Ohio, and policy and justice, and again recommend the adop- who were directed to report their opinion of the tion of the resolutions contained in the said report. espediency of dividing said Territory into two

Resolved, That, from and after the organization distinct and separate governments, do, in obediof the Territorial Assembly of the Mississippi Ter- ence to such direction, make the following report: ritory, the Governor shall nominate, and, by and That parts of said Territory are subject to sevwith the advice and consent of the Legislative eral serious inconveniences, which require redress Council, shall appoint all officers, both civil and from the General Government; most of the evils military of the Territory, whose appointments are which they at present experience are, in the opinnot particularly vested in Congress by the ordi- ion of this committee, to be imputed to the very nance: Provided, That the Governor'shall have great extent of country at present comprised unpower to fill up all vacancies which may happen der their imperfect government. The Territory during the recess of the Legislative Council, by' Northwest of the Ohio, from southeast to northgranting commissions, which shall expire at the west, fifteen hundred miles, and the actual disend of their next session.

tance of travelling from the places of holding Resolved, Thatevery bill which shall have passed courts the most remote from each other, is thirthe House of Representatives and the Legislative teen hundred miles, and in a country so sparsely Council, shall, before it becomes a law, be present-, peopled, and so litile reclaimed from its native ed to the Governor of the Territory; if he approves wildness, this distance alone seems to present barit, he shall sign it; but if not, he shall return it

, riers almost insuperable against the exercise of with bis objections, to that House in which it shall the functions of government, which always prehave originated, who shall enter the objections at supposes a knowledge of the condition of the ser

Naturalization Arms and Ammunition.

eral parts and the practicability of seasonable com- the United States before the passing of the law of munication among the several organs.

June, 1798, respecting the naturalization of aliens, In the three western counties there has been and might have made the declarations required by but one court having cognizance of crimes in five the law of January, 1795, and brought themselves years; and the immunity which offenders experi- within the proviso of the law first mentioned, and ence attracts, as to an asylum, the most vile and secured the right of naturalization after a residence abandoned criminals, and at the same time deters of five years within the United States; but having useful and virtuous persons from making settle- omitted to make the declaration required, they are ments in such society. The extreme necessity of obliged to reside fourteen years within the United judiciary attention and assistance is experienced States before they can become citizens thereof. in civil as well as in criminal cases. The sup- They request that the Legislature will pass an act® plying to vacant places such necessary officers as which shall secure to them the same rights which may be wanted, such as clerks, recorders, and they would have received had they made the deothers of like kind, is, from the impossibility of claration required by the law of January, 1795. correct notice and information, utterly neglected. The committee can see nothing in this case This Territory is exposed, as a frontier, to foreign which can warrant a deviation from the general nations, whose agents can find sufficient interest rule. in exciting or fomenting insurrection or discon- They believe the law of June, 1798, to be foundtent, as thereby they can more easily divert a ed on fair and just principles, and that a probavaluable trade in furs from the United States, and tion of fourteen years is not generally more than also have a part thereof on which they border, sufficient to conciliate the feelings of aliens to the which feels so little the cherishing hand of their manners, laws, and Government of a country into proper Government, or so little dread of its ener- which they remove as strangers; and that the gy, as to render their attachment perfectly uncer- attachment which every honest mind feels to the tain and ambiguous. The committee would fur- country which gave him birth, and in which he has ther suggest that the law of the 3d of March, 1791, formed his early attachments, will not, probably, granting land to certain persons in the western in the short space of five years, be so far obliterapart of said Territory, and directing the laying ted as to make it safe or prudent for this Governout of the same, remains inexecuted ; that great ment to repose that confidence in him which it discontent, in consequence of such neglect, is ex- must place in its own citizens. The committee cited in those who were interested in the provis- are therefore of opinion that the prayer of this peion of said law, and which require the immedi- tition ought not to be granted. ate attention of this Legislature. To administer a remedy to these evils, it occurs to this committee that it is expedient that a division of said Ter- ARMS AND AMMUNITION. rilory into two distinct and separate governments should be made; and that such division be made, by a line beginning at the mouth of the Great Communicated to the House of Reps., March 25, 1800.] Miami river, running directly north, until it in- Mr. S. Smith, from the committee appointed to tersects the boundary between the United States inquire into the expediency of authorizing the Secand Canada.

retary of the Treasury to remit any forfeitures In which case it is conceived that the western which shall occur, or may have occured, under the part may be permitted to go into the same stage law of the United States prohibiting the exportaof government as is now in use in said Territory, tion of arms and ammunition, on the same princias the same is supposed to contain at the present ples on which the Secretary is authorized to remit time fifteen thousand inhabitants.

forfeitures incurred under the revenue laws, made Your committee, therefore, recommend to the the following report: House the adoption of the following resolution, That the power heretofore vested in the Secreviz:

tary of the Treasury to mitigate or remit fines, Resolved, That the Territory Northwest of the forfeitures, and penalties, incurred under the reveriver Ohio be divided into two distinct and sep- nue laws of the United States, was, by the express arate governments, by a line beginning at the tenor thereof, limited to objects of a fiscal nature mouth of the Great Miami river, and running only, the management and superintendence of through a north course, until it'intersects the which were committed to that Department of which boundary line between the United States and he is the head. Canada.

That the act of the United States prohibiting, for a limited time, the exportation of arms and am

munition, though in that act it is declared to be the NATURALIZATION.

duty of the custom-house officers, and of all persons

employed in the collection of the revenue, to at[Communicated to the House of Reps., March 14, 1800.) tend to the execution thereof; and though all for

Mr. Griswold, from the committee to whom feitures and penalties incurred under the said act, was referred the petition of sundry aliens residing and not otherwise directed to be prosecuted and at Mount Pleasant, in the State of New York, recovered, were to be sued for, prosecuted, adjudgmade the following report:

ed, and distributed, in like manner as is provided in That these petitioners state, that they came into the act entitled "An act to provide more effectually

Breach of Privilege.

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for the collection of the duties imposed by law on Relying on the Constitution, we had thought goods, wares, and merchandise, imported into the that no law could be made by Congress abridging United States, and on the tonnage of ships and the freedom of the press. But we find, by the vessels," was yet essentially a political, and not a proceedings of the Senate, that the privileges of fiscal measure and regulation.

one House may effect what the Constitution has That the object contemplated by said act was of forbidden to the three branches of our Legislature great importance, both as it related to the supplies united. of arms and ammunition to the United States, and We had thought that the Constitution had seas it related to the deprivation of similar supplies to cured to the citizens of the United States the right those who practised hostilities against the United of a trial by jury; but the proceedings of the SenStates.

ate have convinced us that we are liable to be tried That the power of remitting fines, forfeitures, and punished for new and unknown offences, withand penalties, incurred under the said act, seems out recourse to that Constitutional tribunal. to be involved in the general power of granting We have long viewed with silent horror the pardons for offences against the United States," baneful progress of the Sedition law; but patiently vested by the Constitution in the President of the submitted to evils we could not but feel, in hopes United States, to whom alone, according to the that the juries of our country might palliate, if nature of our Government, it must pertain to judge not cure them; but with unseigned sorrow and of the extent of the mischiefs flowing from the vi- surprise we observe, in the proceedings of the olations of such political measures and regulations, Senate, another sedition law rising up to appal us; and how far considerations for the remission of a sedition law that defies the counteraction of the fines, forfeitures, and penalties incurred by such laws of our land or the juries of our country.. violations may be listened to consistently with the We had thought that the Constitution provided public safety in relation to that power. If cases against the dangerous intermixture of judicial

, of unintentional violation have occurred, the in- legislative, and executive authorities; but the proconvenience of making special application to the ceedings of the Senate have shown us that the Executive (where, upon due representation, it is constitution has not yet sufficiently guarded this not to be doubted but that every attention would most important principle, which the doctrine of at all times be paid which reason and propriety privilege is so well calculated to destroy. could require) cannot justify a departure from the We had thought that the three branches of our ordinary course to be observed on similar oc- Legislature were unitedly, but not severally, comcasions.

petent to the enaction of those laws which biod the Your committee are therefore of opinion that it persons and properties of the citizens; but we is inexpedient "to authorize the Secretary of the now find that penal ordinances may be enacted Treasury to remit any forfeitures which shall oc- and enforced by the Senate alone! and we concur, or may have occurred, under the law of the template a speedy and alarming extension of our United States prohibiting the exportation of arms criminal code, if the present example should unand ammunition, on the same principles on which happily be pursued by similar claims of Reprethe Secretary is authorized to remit forfeitures in- sentative privilege. curred under the revenue laws."

We had thought that the rights and authorities of the respective branches of our Federal Govern.

ment had been expressly defined by the Federal BREACH OF PRIVILEGES. Constitution, and that the Constitution itself was

drawn up and sanctioned by the public voice for

this express purpose; but we now see that rights [Communicated to the Senate, May 10th, 1800.) may be claimed, and privileges assumed, which To the Senate of the United States: The remon- we seek for in vain among the declarations and

strance and petition of the undersigned, citi. provisions of that supreme law of our land. zens of the Republic of America, resident in the We had thought that the Constitution had procity and county of Philadelphia, respectfully vided that, in every criminal case, an accused pero showeth:

son should be confronted with bis accusers, have That we, the undersigned citizens of the Ameri- process for his witnesses, and be fully heard by can Republic, deeply impressed by the proceedings himself or counsel in his defence; but the pronow pending before the Senate, on the subject of ceedings in question have convinced us that these privileges, in the case of William Duane, are anx- rights are very imperfectly secured, while an acious to call the attention of this honorable House cusing Senate can dictate to a defendant the de to what they deem the real and inevitable tendency fence on which he must rely, and arbitrarily conof those proceedings.

fine him to the weakest part of it. We are fully persuaded that the surest safe- We had thought that the plain and acknowlguard of the rights and liberties of the people is edged principle of natural justice would have pre the freedom of the press; and friends as we are to vented the accusers from being also the judges a republican Government, we cannot view, with the jury, and the punishers; but the proceedings of out strong emotions of surprise and regret, the the Senate bave satisfied us that these inconsistdoctrines and practices of the privileged bodies of ent characters may be mingled, and this plain and Europe about to be adopted in this free country acknowleded principle of natural justice be comagainst that sacred bulwark of republican liberty. I pletely forgotten or boldly renounced.

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City of Washington. We dread the introduction of rights unlimited, To the President of the United States: and power unbounded, whether under the name The Commissioners appointed by virtue of the of privilege, or prerogative, or implied authorities, act of Congress entitled"“ An act for establishing or constructive powers; and we speak with solemn the temporary and permanent seat of the Governand profound regret that the late proceedings of 'ment of the United States," respectfully reprethe Senate have strongly excited in us this dread. sent:

Our hearts are full upon this subject; we could That the business committed to their charge accumulate our reasons of apprehension from having so far proceeded as to enable the Governthese proceedings far beyond the common bounds ment to remove to its permanent seat, they have of a petition and remonstrance; but we forbear. judged it expedient to lay before the President If the objections we have already assigned are un- such a statement as will enable him to determine felt and unnoticed, we must patiently contemplate on the measures proper to be pursued in future. the gloomy prospect before us, and calmly wait By the act of Congress abovementioned, the the approaching period when we shall no longer Commissioners appointed in the manner thereby boast of being citizens of the American Republic. prescribed, or any two of them, were authorized

We reverence the constituted authorities of our to purchase or accept such quantity of land on the country too much to dictate to them the line of eastern side of the river Potomac, within the Distheir duty, or to reflect improperly on their con- trict, in the said act mentioned, as the President duct, or to occupy unnecessarily their time. But should deem proper for the use of the United on great public occasions, when our liberties are States; and, according to such plans as the Presiessentially involved, we will practice and main- dent should approve, prior to the first Monday in tain our acknowledged right to petition and remon- December, 1800, provide suitable buildings for the strate for redress of grievances; and therefore we accommodation of Congress, and of the President, do, with sincere deference for the honorable body and of the public officers of the Government of we now address, but at the same time anxiously the United States. That the President, in comimpressed with the danger of the present proceed- pliance with the act abovementioned, and of an ings, respectfully call upon the Senate to recon- act to amend the same, passed at Philadelphia, on sider the resolutions by them adopted on the sub- the 3d of March, 1791, did, by his proclamation, ject of privilege, in the case of William Duane. dated 30th of the same month, locate a district

within the limits prescribed by the abovementioned acts, and which has now become the per

manent seat of the Government of the United CITY OF WASHINGTON.

States. That the President, agreeably to theabove

recited acts, appointed, and by supplying vacan[Communicated to Congress, January 30, 1801.]

cies which have happened by resignation and Gentlemen of the Senate, and

death, has kept in appointment, three CommisGentlemen of the House of Representatives :

sioners, for the purposes in the said acts declared. I transınit to Congress, for their consideration, a

That the proprietors of the lands on which the letter from William Thornton, Alexander White,

City of Washington is laid out, by their several and William Cranch, Esquires, Commissioners of deeds, dated in or about the month of June, 1791, the City of Washington; with a representation conveyed the said lands to Thomas Beall

, of of the affairs of the city, made by them to the George, and John M. Gantt, and the survivor of President of the United States, dated January 28, be laid out in a Federal city, with such streets,

them, and the heirs of such survivor, in trust, to 1801, accompanied with a series of documents marked from A to H, inclusively.

squares, parcels, and lots, as the President of the

United States for the time being should approve;

UNITED STATES, January 30, 1801.

and that the said Thomas Beall, of George, and
John M. Gantt, or the survivor of them, or the

heirs of such survivor, should convey to the ComCOMMISSIONERS' Office, Jan. 28, 1801. missioners, for the time being, and their succesSir: We do ourselves the honor to present to sors, for the use of the United States, forever, all you a state of the business under our care, and of the streets, and such of the said squares, parcels, ihe public property belonging to the Federal seat, and lots, as the President should deem proper for with an estimate of its value, founded, not on the use of the United States, forever; and that as mere supposition, but on the average of former to the residue of the lots, into which the said lands sales.

should be laid off, that a fair and equal division This report would have been made at an earlier should be made of them in the manner in the said day, had it not been delayed by the unfortunate deeds of trust specified, and that the part assigned death of Mr. Scott.

to the public should be sold at such times and in We have the honor to be, with sentiments of such manner, and on such terms and conditions, the highest respect, sir, your most obedient ser- as the President of the United States for the time vants,

being should direct; and that the said trustees, or WILLIAM THORNTON, the survivors of them, or the heirs of such surviALEXANDER WHITE, vors, should, on the order of the President, conW. CRANCH.

vey all the said lots, so sold and ordered to be conThe President of the United States.

veyed, to the respective purchasers, in fee simple,

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