DECEMBER, 1799. Respect to the Memory of Washington. Previous to the question being put upon the first resolution, Mr. H. LEE, of Virginia, rose, and addressed the Chair as follows: H. OF R. ted States northwest of the Ohio, and report to the House their opinion thereon. The resolution was agreed to, and Messrs HARRISON, BRACE, GORDON, DAVIS, GORE, LYMAN, and GALLATIN, were appointed the committee. Mr. Speaker: In executing the task assigned to the committee, it will be observed much remains to be done; so far as they have gone, and as far as they may go, one hope is cherished, that what-settlers, of the county of Jefferson, in the Northever is done, will be unanimously adopted. This will be most pleasing to our constituents, and most honorable to the character we all honor. Out of a wish to execute in the best manner the direction of the House, a difference of opinion will naturally prevail. This difference of opinion, how ever commendable, upon ascertaining the mode of public mourning, ought to be suppressed when we come to act; for unanimity then is, as I before stated, most to be wished for, whether the feelings of our constituents, or our intentions, on the celebrity which all desire to give to the high occasion, govern. A message was received from the Senate, announcing their concurrence in the report of the joint committee made this day; and then the House adjourned till to-morrow morning. TUESDAY, December 24. Ordered, That the petitions of John Henderson and others, and of Thomas Burling and others, inhabitants of the Mississippi Territory, presented yesterday, be referred to Messrs. SEWALL, CHAUNCEY GOODRICH, WALN, EVANS and HILL; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. Mr. GRISWOLD, from the Committee of Revisal and Unfinished Business, to whom it was referred to examine and report what laws have expired, or are near expiring, and require to be revived or further continued, made a report, in part; which was read, and ordered to lie on the table. Mr. GORDON moved the following resolution, which was adopted by the House: Resolved, That a committee be appointed to inquire whether any, and, if any, what amendments are necessary to the act, entitled "An act to lay and collect a direct tax within the United States;" and that they be authorized to report by bill, or otherwise. On motion of Mr. GRISWOLD, the above resolution was committed to the Committee of Ways and Means. NORTHWESTERN LAND SALES. Mr. GALLATIN presented a petition of 176 actual passed authorizing the sale of the lands of the western Territory, praying that a law may be United States in such manner as they may become from becoming the proprietors of the ground which purchasers, and thereby prevent land speculators they had improved, and to which they ought to have the pre-emption, which they could not have under the existing laws. Referred to the committee to whom were committed Mr. HARRISON'S resolution. PETITION OF GEORGE FARRAGUT. Mr. CLAIBORNE moved, that the petition of George Farragut, presented at the last session, with the report of the Secretary of War made thereon, be referred to a select committee. This motion was objected to, on the ground that the petition contained a claim upon the United States; and that as a standing committee had been appointed by the rules of the House, for considering and reporting upon all claims of the nature contained in this petition, it would be improper to deviate in one instance from the rule; as it must tend to the appointment of select committees whenever members who present similar petitions might wish the report upon them to be expedited. Mr. MACON therefore moved that it be referred to the Committee of Claims; which was agreed to. RESPECT TO THE MEMORY OF GENERAL The SPEAKER informed the House that, conform- THURSDAY, December 26. Mr. HARRISON said, he conceived the system which had been adopted for the sale of the lands This being the day appointed by the resolution of the United States northwest of the river Ohio of Congress for the funeral procession in honor of was capable of considerable improvement; and the memory of GEORGE WASHINGTON, late Genthat alterations might be made in the existing laws eral of the Armies of the United States, the House on that subject, which would be of considerable proceeded to the German Lutheran Church, where benefit to persons becoming actual settlers of that they attended the funeral oration, prepared and decountry. He therefore moved the following reso-livered on the occasion by Major General LEE, lution, viz: one of the members of this House for the State Resolved, That a committee be appointed to inquire of Virginia. [See Appendix.] whether any, and, if any, what alterations are necessary The House, having returned, adjourned until toin the laws authorizing the sale of the lands of the Uni-morrow morning. H. OF R. FRIDAY, December 27. Census of the United States. JOHN FOWLER, from Kentucky, appeared, produced his credentials, was qualified, and took his seat in the House. DECEMBER, 1799. "The House of Representatives of the United States, highly gratified with the manner in which Mr. LEE has performed the service assigned to him under the resolution desiring the President of the Senate and Speaker of the House of Representatives to request one of the members of Congress to prepare and deliver a funeral desirous of communicating to their fellow-citizens, through the medium of the press, those sentiments of respect for the character, of gratitude for the services, and of grief for the death of that illustrious personage, which, felt by all, have, on this melancholy occasion, been so well expressed: A petition of Samuel Selby, 3d, late Collector of the Revenue in the fourth division of the sec-oration on the death of GEORGE WASHINGTON; and ond survey of the District of Maryland, now confined in the prison of Allegany county, in the said State, was presented to the House and read, praying to be relieved from the confinement to which he is subjected, in consequence of his having converted to his own use moneys which he received as Collector as aforesaid, and is unable to refund. Also a petition of Lawrence Erb, late Collector of the Revenue of the United States within the county of Northampton, in the State of Pennsyl vania. to the same effect. Ordered, That the said petitions be referred to the Committee of the Whole House to whom was committed the bill sent from the Senate, entitled "An act for relief of persons imprisoned for debt." A petition of John Smith, and others, inhabitants of the Northwestern Territory, was presented to the House and read, praying a repeal or amendment of the laws authorizing the sale of the lands of the United States northwest of the Ohio; and that they may be allowed to purchase lands of the United States, on terms and in quantities suitable to their circumstances. Also a petition of James Grubb, and others, inhabitants of the said Territory, to the same effect. Also, a petition of Andrew Small, and others, inhabitants of the Territory aforesaid, and actual settlers upon lands purchased of John C. Symmes, praying for a revision and amendment of the acts authorizing the sale of the lands of the United States in the Territory Northwest of the river Ohio, and that they may be allowed to retain the possession of the said lands upon terms more favorable and better suited to their situation than those contemplated by the said acts. The SPEAKER laid before the House a report of the Secretary of the Navy on the petition of sundry French officers confined in the prison of Burlington, in the State of New Jersey, referred to him on the eighteenth instant; which was read, and ordered to lie on the table. The House, resolved itself into a Committee of the Whole upon the bill, sent from the Senate, entitled "An act for the relief of persons imprisoned for debt ;" and after some time spent therein, the Committee rose and reported progress; and on the question that the Committee of the whole House have leave to sit again on the said bill, it passed in the negative. Ordered, That the Committee of the whole House be discharged therefrom, and that the said bill be recommitted to the committee appointed, on the fifth instant, to inquire whether it be expedient to make any, and, if any, what provision for the relief of persons imprisoned for debt. RESPECT TO THE MEMORY OF GENERAL WASHINGTON. On a motion made and seconded that the House do come to the following resolution, to wit: Resolved, That the SPEAKER present the thanks of this House to Mr. LEE, for the oration delivered by him to both Houses of Congress on Thursday, the twentysixth instant; and request that he will permit a copy thereof to be taken for publication:" The question was taken that the House do agree to the same, and unanimously resolved in the affirmative. MONDAY, December 30. Mr. Oris, from the committee to whom was recommitted the bill from the Senate for the relief of persons imprisoned for debt, reported the same, with amendments; which was made the order of the day for to-morrow. ENUMERATION OF INHABITANTS. Mr. Oris called for the order of the day on the bill to provide for the enumeration of the inhabitants of the United States. The House accordingly went into a Committee of the Whole on said bill; Mr. PARKER in the Chair. The first section of the bill begins thus: "Be it enacted &c., That the Marshals of the sev eral districts of the United States, and the Secretaries of the Territory of the United States, Northwest of the river Ohio, and of the Mississippi Territory, respectively, shall be and are hereby authorized and required, under the direction of the Secretary of State, and according to such instructions as he shall give pursuant to this act, to cause the number of the inhabitants within their respective districts and territories to be taken," &c. The first section having been read, Mr. NICHOLAS moved to strike out the words printed in italic. Mr. N. said this provision was not to be found in the former act on this subject; and he saw no reason why a man who was bound by a solemn oath to act in conformity to this act, should be subject to directions which the scrupulousness of his conscience might lead him to refuse to abide by. Mr. Oris thought it necessary the power of giving directions pursuant to this act, should be lodged somewhere he was indifferent whether with the Secretary of State or any other proper officer; in order that if any difficulty or embarrassment arose in the execution of the law, the Marshals, who were to execute it, would know where to apply. It was also necessary the returns should be uniform, which could not be expected to be the case were the words struck out. The question was put, when there appeared in the affirmative 36, negative 41. The bill having been gone through, and the blanks therein filled up, the Committee rose, and reported the same. When Mr. CHRISTIE renewed the motion made in the Committee by Mr. NICHOLAS. He said he was so impressed with the necessity of erasing the words, as to impel him to wish a reconsideration of the subject; for it was not his wish or intention to vote for a law that should give a controlling power to any particular officer of the Government over the law, which he conceived the Secretary of State would completely enjoy, were the words to remain in the bill. He would be sorry to harbor the thought that that officer would throw any impediment in the way of the law, but he thought it improper to entrust him with a power to do it. Mr. GRISWOLD, said, it certainly was a mere matter of form and custom, and necessarily the business of an officer of State, for questions would unavoidably arise in which instructions must come, as to the execution of the law, from the Secretary of State or the President. From the first section, it would appear that certain interrogatories were necessary to be made to the heads of families, as, Who are the persons residing in the house? What their ages, names? &c. These interrogatories must be provided by some department of the Government, or the Marshals and their assistants would not know how to proceed on the business allotted to them. In order to prevent confusion and to establish an uniformity throughout the districts, it was very necessary to put this power in the Secretary of State. Mr. NICHOLAS said his principal objection to the words before was, because they established an operation which he could not understand; but, from the explanation of the gentleman last up, he feared the operation was worse than he had suspected. The gentleman said that a particular section of the law was not sufficient of itself, but wanted the explanation of the Secretary of State to ascertain its operation, and his direction, by prescribing the interrogatories to come at facts requisite; and he supposed, of course, that the Secretary of State may have it in his power to determine what facts shall make a residence necessary for insertion in the schedule. He would ask the House, whether they were not giving, out of their own hands, a power which none but the Legislature ought to possess? Was it the way to recommend the insertion of the words, by saying that it was necessary to lodge the discretion somewhere? Surely, this proved that the law was not right, and therefore was sufficient to excite a doubt as to the propriety of its operation. Mr. N. thought, if there were no other reasons to be urged against inserting the words, it would be enough that they had not been introduced into the former law, and no injuries had occurred for the want of them. It was sufficient time to amend, or insert new provisions in a law, when its former operation was found inadequate to its object. The former law never had such a provision: the present law was in every other respect made as precise as was possible; the schedule of return was accurately and distinctly marked as to the descriptions of persons; and surely none H. OF R. were so able to say what constituted actual residence as the Marshal, but, if he should be thought incompetent, the law might be made to go further, and mark precisely the mode of its own operations. Mr. OTIS was surprised at the perseverance of the gentleman in his opposition to the words. It appears to be taken for granted that the Secretary of State has power to vary the law, whereas it was merely a declaratory power that was given him, and to say how it ought to be executed. It was not a new power given to the departments of the Government; the same was left with the Secretary of the Treasury, respecting another law, and those powers were necessarily left, because it was impossible for the Legislature to foresee all the occurrences which would arise, and which would be various in various parts. It is the business of the departments of Government to see that the laws are executed, which power only these words delegate. Besides, whatever instructions the Secretary of State would have power to give must be "pursuant to this act." If the law itself is sufficiently precise, as the gentleman supposes, then no instructions will be necessary, but this will not be the case everywhere. This was the idea of the committee who reported the bill, and in order to meet all difficulties that might occur, they introduced these words and the eighth section, which reads thus: "The Secretary of State shall be, and hereby is, authorized and required to adopt and communicate to the Marshals of the several States, and to the Secretaries aforesaid, proper regulations and instructions for carrying this act into effect, and also the forms of schedule to be returned and interrogatories to be administered by the several persons who shall be employed therein." Mr. OTIS said it was thought these regulations would much facilitate the labor of the officers employed, and enable them to attain the facts with considerable less difficulty. Mr. GALLATIN said the object in introducing this new provision appeared to him to be either to give the Secretary of State power and authority to define some part of the law which was not precise enough to be understood, or it was merely that he should direct some certain provision of it to be carried into effect. If, as was insinuated by a gentleman, (Mr. GRISWOLD,) it was to give a discretionary power to that officer to define any law or part of a law which was not clear enough, he must say it was not the province of any officer in the Government whatever, but such definition ought to be included in the law itself, or it would be imperfect. He supposed, as was observed, that this definition might be seen requisite in the fifth section as to what was meant by "inhabitants," so that all might be included, and none twice enumerated whom accident might throw into different parts of the United States. It was necessary to have a better definition than was provided by the Constitution; he took it to be the duty of the House to do it; they must declare it, and not leave it to the Secretary of State or to the Marshals, who are only to carry the law into effect. If it is taken out of the hands of the Marshals, and placed with the Secretary of State, then the remedy is not adequate to the evil, because he cannot be so competent to it as the Marshals. DECEMBER, 1799. his opinion, could it be so properly placed as the Secretary of State. Mr. LEE said, he had some doubts as to the propriety of these words, and he would vote for If, on the other hand, the meaning of the word their expulsion; and he must confess that the far"inhabitant" is precise enough in itself, and no ther discussion of the subject, had not removed explanation is necessary, and the object is merely those doubts, but rather strengthened them. If a regulation as to the questions it may be neces- the sole object contemplated by the gentlemen sary to ask, then it is better to leave it with the who argued for the necessity of the words was Marshal, for he can best know whether all and no merely that there should be some head, for conductmore are enumerated, he being an inhabitant of ing, in point of form and uniformity, the execution the district and more acquainted with it. The of the law, then these words, or some other more Marshal is sworn to "enumerate all the inhabit- definite, should be preserved; but as the bill now ants in his district, to the best of his abilities," and stood, while it held up that object, it carried with surely there can be no necessity to shackle him it material and substantial objections. What, he with directions which must issue, not from the asked, would be the result under the law, if a Marlaw he is executing, but from the office of the shal, attending to the just warning of his conSecretary of State. The eighth section, Mr. GAL- science, should say to the Secretary of State "Your LATIN observed, went further, and in a manner instructions, if executed by me, in my judgment. gave power to the Secretary of State to alter the would violate my oath; and my conscientious adfirst section. The first section pointed out the herence to the directions of the law must be a necessary schedule, but the eighth section gave prominent rule for my conduct?" Thus dursome power concerning that schedule to the Sec-ing the dispute between the Secretary of State retary, to "adopt and communicate the forms of schedule to be returned," &c., which, being inconsistent with any former mode, he conceived was highly improper. law would be not only lost, but the result be evil. and the conscientious officer, on account of the elapsing of the Constitutional period for enumeration, a whole State would lose its representation to the National Legislature! He would not supThe object of taking the enumeration was to pose that its occurrence would happen from politiconform the representation in Congress to the cal motives, but purity of conscience may prevent number of inhabitants; the people wished it done, the execution of the office, and as that could possi and Congress ought to do it fairly; and in form- bly take place it must appear a very material inconing a bill to effect it, all suspicion ought to be re-venience, and the benefits of a wise and necessary moved from the minds of the public, that it would be done contrary: but if the power of regulating The law would therefore be incomplete as it the enumeration was placed in the Secretary of respected the instructions of the Secretary of State, State, who might be supposed to possess some and if the sole object was uniformity of system, a local adherence and favor towards his own State-discretion would be given which may be used if it was recollected that there was no such provision before, and yet the law was well executed was not the measure calculated to breed suspicion? The forms of return and directions being ample in a general view, he hoped no new provision would be introduced. very detrimentally to a part of the community though perhaps not willingly. He wished that some gentleman would remove those doubts by showing, either that there was no foundation for them, or else by so qualifying the law, while the discretion was given, as to prove that the sole obMr. GORDON said the objections made to the ject was the professed one, to wit, that all the Marcontrolling power of the Secretary of State were shals through this extensive Republic should be of a nature not to be answered, because those ob- governed by a fixed rule with respect to form; jections were merely of suspicion; but to those until which he could not vote for the clause. who wished to look at the reasonableness of the Mr. EGGLESTON Suggested the propriety of strikwords, and who harbored no suspicion, a few argu-ing out the words, and again committing the bill ments might be offered which he thought must to the whole House for an amendment, suitable to carry conviction. the opinions of the member last up. The propriety of having some person to super- Mr. GRISWOLD said the same words were passintend had been well argued, but more reasons ed through the House last session in the enumeramight be offered for its necessity. It was a possi-tion bill. The Secretary of State was as much ble event (and against such. provisions ought to be restricted as the Marshal himself, for he could not made) that a Marshal might die, resign, or be re- give instructions otherwise than "pursuant to this moved from office, before the completion of the act." Why there should be objections to the Seact, and yet the enumeration in that district cretary's using this power, and no objection be might be begun; in such case, what provision made to the exercise of it by the Marshals, he could was there to complete those returns, or to examine not imagine. He did not conceive the act was into deficiencies? By placing it in the hands of indefinite, as had been said; the act was sufficiently the Secretary of State there will be no danger of certain and precise, but the mode of execution this difficulty. That this power should be vested was so uncertain that a discretionary power must in some officer who should have a general super-be placed somewhere. If it was left with the Marintendence to remove all objections and impedi- shals, there was danger of some persons being ments he thought self-evident, and with none, in twice returned; suppose, for instance, an inhabi tant of Delaware resided for a time in Pennsylvania, his return might have been made in Delaware, and again in Pennsylvania, because it was in the hands of two different Marshals, whereas if left with the Secretary of State, this evil would be avoided. H. OF R. solidate them into one regular return, how would they be understood, or who know the result? Different would be the forms of returns; some would be more, and some less intelligible; they must all be sent to the Secretary of State; that officer must, without a law or instructions, reduce them into a form at a great expense; whereas it ought to be provided in the law that they may be more readily reduced to form, and this was done by the discreition given to that officer. Farther, the assistants to the Marshal, many of them young men, and inexperienced, would have to ascertain facts about which they had no instructions, as, what is the name of the head of the family? how many reside in this house? &c. Nor was this a new principle, as contended by some gentlemen. He instanced the act for the relief of American seamen, respecting whom the collectors at the different ports had to transmit a report once in three months, for which the Secretary gives instructions how to make out the abstract. It was similar in the Treasury Department, and in all cases where it was necessary to make a general provision, it was the practice of the Head of the Department to give directions. Mr. LEE could not but suspect there was more than "mere matter of form" intended by the introduction of this new principle in the broad words in which it was comprised, "under the direction of the Secretary of State"-broader words could not be found in the English language. The Secretary of State being placed paramount to the Marshal, the Marshal acting conscientiously would disobey the Secretary of State rather than his conscience; what would then be his mode of acting under this imperious mandate? Mr. L. said he looked with a jealous eye upon every law coming from the Legislature, lest it should be improperly used by Executive authority. This was a Constitutional duty. The wisdom and genius of our Government, as well as the feelings of our people, alike made it necessary to keep the Executive and the Legislative power separate, for on this our safety depended; but here was the Executive power brought in to aid the Legislative. We doubt, It was suggested by the gentleman from Virsaid he; are we not to realize these doubts by sup-ginia, (Mr. LEE) that there was danger in taking posing they may take place in this extensive community? Thus situated, the people will charge us with what we all disclaim-that we mean to give a power to the Executive authority over our laws. If we desire to escape this suspicion, we should make our laws in themselves explicit, and not give any discretionary power as to their execution elsewhere. Mr. DANA said, that the discussion which this subject had undergone had decided him in the opinion that the words ought not to be stricken out. The whole execution of the laws was entrusted to Executive officers, and they were to execute those laws uniformly throughout the United States. The construction was wrong to suppose that this influence was improper, because the President or Secretary of State should think this or that a proper way of executing it; and the argument was weak that a particular local attachment would be used. It was no more improper that the Secretary of State should have his particular bias, even if he should make use of it, than that a Marshal should have his particular bias. This, in his view, instead of operating against the measure, was a decisive argument in its favor, in order that the bias of a number should not be left to act so variously as they naturally would, but upon uniform principles. It would not have done to have left that power in the hands of that officer if he was not to be restricted to the meaning of the act, but with this restriction it was necessary. the instructions of the Secretary and of the Marshals. If the conscientious Marshal should still go on and conform to the law, all the facts must appear in the Department of State, and would be submitted to the Legislature for inspection, and it would be in the power of the House to say whether the Marshal or the Secretary of State was wrong: whether or not he had conformed to the law. Therefore, in the event, it would be in his power to do his duty notwithstanding the contrary instructions he might receive, and the House would decide the matter with strict justice. Mr. JONES thought, as had been expressed by the gentleman from Virginia, that these words conveyed too much power to the Department of State. besides it was not the province of any Executive officer to construe the laws. Laws, after they passed, were generally referred to the Judiciary department of the Government for construction; once out of the hands of the Legislature and they were no longer in their power; but this high and solemn power ought not to be entrusted to the Secretary of State, because it was not a part of his business, and might materially involve the interests of the community. Under this extensive clause the Secretary of State might establish a rule which may operate very severely upon some parts of the United States, and his regulations and instructions were made absolutely final. The gentleman last up thought that the House could determine upon the conduct of the Secretary of State, but had they Mr. OTIS said his great desire to have this law not the same power over the Marshal's return? carried into beneficial execution induced him to be The Marshals, if the words were stricken out, would averse to striking out the words, for unless they exercise their own judgments, and when the reremained, in vain might the Legislature expect turns were made to the House, they could deterany accurate census to be made at any future pe-mine whether they would militate against the inriod. If the particular form of a schedule was to be made by the different Marshals and there were no provisions to be made by law, by which to con terest of any particular parts of the United States or not, and it would be with that House to say how far these returns should operate on the apportion |