SENATE.] Election of President of the Senate, pro tem. On motion to insert, in the same section, line 3d, after the word "States," the words " or from any State authorizing the importation of slaves from any foreign port or place :" It passed in the negative-yeas 8, nays 13, as follows: YEAS.-Messrs. Brown, Hillhouse, Logan, Olcott, Plumer, John Smith, White, and Wright. NAYS.-Messrs. Anderson, Arinstrong, Baldwin, Bradley, Breckenridge, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Maclay, Nicholas, Potter, Israel Smith, Samuel Smith, Sumter, and Venable. And having further amended the bill, and filled the blanks, it was agreed that the question on its final passage be postponed until morrow. SATURDAY, February 18. to Erection of Louisiana into two Territories. The Senate resumed the third reading of the bill erecting Louisiana into two Territories, and making provision for the temporary govern- | ment thereof; and on the question to agree to the final passage of this bill, it was determined in the affirmative-yeas 20, nays 5, as follows: YEAS.-Messrs. Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, John Smith, Samuel Smith, Sumter, Venable, and Wright. NAYS.-Messrs. Adams, Hillhouse, Olcott, Plumer, and Stone. So it was Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act erecting Louisiana into two Territories, and making provision for the temporary government thereof."* This act, as passed, asserted full power in Congress to legislate upon slavery in the Territories without regard to the constitution, or any of its provisions in relation to the States, or the rights of the States within themselves, or between each other. Thus: 1. It prohibited the foreign importation of slaves into the Territory at once, which, with respect to a State, could not be done before 1808. 2. It prohibited the domestic importation of any slave into the Territory which had been imported from abroad since the year 1798. 3. It prohibited the carrying of any slave whatever into the Territory, except by a citizen of the United States removing into it for actual settlement, and being at the time the bona fide owner of such slave. These were three provisions which could not be adopted towards the States; and for their violation a fine was incurred by the importer, and freedom attached to the slave-penalties which Congress could prescribe within no State. [MARCH, 1804. THURSDAY, FEBRUARY 23. JOHN SMITH, appointed a Senator by the Legislature of the State of New York, in the room of De Witt Clinton, took his seat in the Senate, and his credentials were read, and the oath prescribed by law was administered to him by the President. FRIDAY, February 24. Agreeably to the resolution of yesterday, the Senate proceeded to elect a doorkeeper, or assistant to James Mathers, Sergeant-at-Arms; and Henry Timms was appointed. SATURDAY, February 25. JOHN ARMSTRONG, appointed a Senator by the Legislature of the State of New York, in the room of Theodorus Bailey, took his seat in the Senate, and his credentials were read, and the oath prescribed by law was administered to him by the President. SATURDAY, March 10. Election of President of the Senate, pro tem. The VICE PRESIDENT being absent, the Senate proceeded to the election of a President pro tempore, as the constitution prescribes, and the ballots having been collected and counted, a majority thereof was for the Honorable JESSE FRANKLIN, who was accordingly elected President of the Senate pro tempore. Ordered, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in the absence of the VICE PRESIDENT, elected the honorable JESSE FRANKLIN President of the Senate pro tempore. thereupon become entitled to and receive his or her freedom. It shall not be lawful for any person or persons to import or bring into the said Territory, from any port or place within the limits of the United States, or to cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing any slave or slaves, which shall have been imported since the first day of May, one thousand seven hundred and ninety-eight, into any port or place within the limits of the United States, or which may hereafter be so imported from any port or place without the limits of the United States; and every person so offending and being thereof convicted before any court within said Territory, having competent jurisdiction, shall forfeit and pay for each and every slave so imported or brought from without the United States, the sum of three hundred dollars, one moiety for the use of the United States, and the other moiety for the use of the person or persons who shall sue for the same; and no slave or slaves shall directly or indirectly be introduced into said Territory, except by a citizen of the United States removing into said Territory for actual settlement and being at the time of such removal bona fide owner of The following is the section containing these prohibitions such slave or slaves; and every slave imported or brought and penalties: "SEC. 10. It shall not be lawful for any person or persons to import or bring into the said Territory, from any port or place without the limits of the United States, or cause or procure to be so imported or brought, or knowingly to aid or assist in importing or bringing any slave or slaves. And every person so offending, and being thereof convicted before any court within said Territory, having competent jurisdiction, shall forfeit and pay for each and every slave so imported or brought, the sum of three hundred dollars; one moiety for the use of the United States, and the other moiety for the use of the person or persons who shall sue for the same; and every slave so imported or brought, shall into the said Territory, contrary to the provisions of this act, shall thereupon be entitled to, and receive his or her freedom." This section applied to Lower Louisiana, called the Territory of Orleans. No provision on the subject of slavery was made in the act for the government of Upper Louisiana, afterwards called the Territory of Missouri. And thus, by legislating fully on the subject in one Territory, and not at all in the other, Congress asserted its right to do as it pleased with slavery in such places, uncontrolled by any power but its own will. MARCH, 1804.} Seat of Government. [SENATE. Ordered, That the Secretary make a like | States, of high crimes and misdemeanors, and accommunication to the House of Representa tives. TUESDAY, March 13. A message from the House of Representatives, by Messrs. J. RANDOLPH and EARLY, two of their members, was received, as follows: "Mr. President: We are ordered, in the name of the House of Representatives and of all the People of the United States, to impeach Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, of high crimes and misdemeanors; and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the Turnpike Road to the Ohio. The Senate took into consideration the amendment reported by the committee to the bill, entitled "An act authorizing the appointment of Commissioners to explore the routes most eligible for opening certain public roads;" and on the question to agree to the said amendment, as follows: Strike out, in the first section, after the word "proceed," in the fourth line, to the word "and," in the seventh line, and insert, "to explore and designate the most eligible route for a turnpike road, to lead from Fort Cumberland, on the Potomac, to Wheeling, on the Ohio." It passed in the negative-yeas 13, nays 15, as follows: YEAS-Messrs. Anderson, Breckenridge, Cocke, Dayton, Franklin, Pickering, Israel Smith, John Smith of Ohio, Samuel Smith, Stone, Sumter, Worthington, and Wright. quainted the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same; "And likewise demanded that the Senate take order for the appearance of the said Samuel Chase to answer to the said impeachment. Therefore, "Resolved, That the Senate will take proper order thereon, of which due notice shall be given to the House of Representatives." Resolved, That the Secretary of the Senate notify the House of this resolution. MONDAY, March 19. Post Roads in States. The Senate resumed the third reading of the bill, entitled "An act to alter and establish certain post roads." On motion, to add the following after section third: "And be it further enacted, That two post roads shall be laid out, under the inspection of commissioners to be appointed by the President of the United States, one to lead from Tellico block-house, in the State of Tennessee, and the other from Jackson court-house, in the State of Georgia, by routes the most eligible, and as nearly direct as the nature of the ground will admit, to New Orleans." It passed in the affirmative-yeas 17, nays 10, as follows: YEAS.-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Dayton, Franklin, Jackson, Maclay, Nicholas, John Smith of Ohio, John Smith of New York, Samuel Smith, Stone, Sumter, Venable, and Worthington. NAYS.-Messrs. Adams, Bradley, Hillhouse, Logan, Olcott, Pickering, Plumer, Israel Smith, Tracy, and White. And, sundry other amendments having been The bill for the temporary removal of the NAYS-Messrs. Adams, Armstrong, Baldwin, Brad-seat of Government of the United States to the ley, Ellery, Hillhouse, Jackson, Logan, Maclay, Nicho- city of Baltimore was taken up for its second las, Olcott, Plumer, John Smith of New York, Vena- reading. ble, and White. Ordered, That the bill be recommitted, and that Messrs. NICHOLAS, WORTHINGTON, and DAYTON be the committee further to consider and report thereon to the Senate. WEDNESDAY, March 14. Impeachment of Judge Chase. Mr. BALDWIN, from the committee to whom yesterday was referred the message from the House of Representatives relative to the impeachment of Samuel Chase, made report; which was read and adopted, as follows: [The debate which took place on this occasion, had progressed to some length before the reporter entered the House. Mr. WRIGHT was then on the floor, and had made a motion to postpone the further consideration of the bill until the first Monday in May.] Не Mr. W. assigned as reasons for this motion, that it was not his intention in presenting the bill, that it should pass; but that it had been offered with the view of acting as a spur to the inhabitants of Washington to effect a more complete accommodation of Congress. trusted and believed it would have that effect; and the operation of the postponement would, "Whereas, the House of Representatives, on the by hanging the bill over their heads, most 13th day of the present month, by two of their mem-powerfully tend to produce the desirable result bers, Messrs. John Randolph and Early, at the bar of of a concentration of the city, and an augmenthe Senate, impeached Samuel Chase, one of the As- tation of accommodation. sociate Justices of the Supreme Court of the United Mr. JACKSON followed, and, in terms of ap SENATE.] Seat of Government. propriate energy, condemned the proposition of removal. He said he should not have believed, but for the express declaration of the gentleman from Maryland, that he would have brought forward a bill the sole object of which was to frighten the women and children of Washington. So far from the measure having the desired effect avowed by the gentleman, if it had any effect whatever, it would be to shake all confidence in the Government, to repress the very accommodation desired. Mr. J. denied the moral right of Congress to remove the seat of Government; it had been fixed under the constitution, and without its violation could not be changed. Such a measure would indicate a prostration of plighted faith; would destroy all confidence in the Government, from one end of the continent to the other. Gentlemen, in favor of this measure, should know its cost. Already had the present seat of Government, in its origination and consequences, cost the nation the assumption of the State debts to the amount of twenty-one millions, and between one and two millions for public accommodation. Would gentlemen be willing not only to lose all that had been expended, but likewise to indemnify the proprietors in the city, whose assessed property amounted to two and a half millions of dollars, and the proprietors of property in the whole District, the amount of which he was unable to state? Mr. J. concluded by saying, he should vote against the postponement, under the expectation that the Senate would take up the bill and reject it by a majority so great, that no similar proposition should ever again be brought before them. [MARCH, 1804. the postponement, because he believed, if the bill were not postponed, it would consume more time than could, at this late period of the session, be spared, without a serious neglect of important business before Congress. He expressed his regret at its introduction. The question was then taken on the motion of postponement, and decided in the negative— yeas 3, nays 24, as follows: YEAS.-Messrs. L. Smith, S. Smith, and Wright. NAYS.-Messrs. Adams, Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Cocke, Dayton, Franklin, Jackson, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, John Smith of Ohio, John Smith of New York, Stone, Sumter, Tracy, Venable, White, and Worthington. The bill was then read a second time. Mr. DAYTON said, he had been instructed by the Legislature of New Jersey, in case any prospect presented itself of a removal of the seat of Government, to offer, in their name, the public buildings in Trenton for their accommodation. He, therefore, gave notice that, in case the bill went to a third reading, he should produce his instructions, and move the substitution of Trenton in the room of Baltimore. At the same time, he was free to declare his opinion of the impolicy of the proposed measure. The provision of the constitution had arisen from an experience of the necessity of establishing a permanent seat for the Government. To avert the evils arising from a perpetual state of mutation, and from the agitation of the public mind whenever it is discussed, the constitution had wisely provided for the establishment of a permanent seat, vesting in Congress exclusive legislation over it. While he declared this as his creed, he begged it to be understood that there were, in Mr. ANDERSON declared himself hostile to the his opinion, some rightful grounds of removpostponement, as he was in favor of the passage al. There were four such, two of which were of the bill, under certain modifications. He con- the following: if the place should be found a sidered Congress possessed the constitutional grave-yard for those who resided in it, or if the power of altering the seat of Government; and inconveniences of conducting the machine of he believed, from an experience of the incon- government should be so great as to prevent veniences attending the existing seat, it was the due transaction of the public business. For their duty to change it. He allowed that, in the existence of these, no fault could be attachsuch an event, an obligation would arise to in-ed to the District. If, therefore, a removal took demnify the proprietors for the losses they would thereby sustain. This, however, he considered the lesser evil; as the sum required to make an indemnity would be less than that required for the improvements contemplated, and which are necessary to accommodate the Government. Mr. COOKE declared himself decidedly inimical to the bill. The permanent seat of Government was fixed under the constitution, and the power did not belong to Congress to alter it. Mr. ADAMS strenuously contended against the right of Congress to remove the seat of Government. To do so, would be to prostrate the national faith, and to shake the confidence of the nation in the Government. He considered the proposed measure as inexpedient as it was unconstitutional; as it tended directly to defeat the object of the mover. Mr. S. SMITH said, he should vote in favor of place on their account, Congress were bound to indemnify the proprietors. There were two other grounds of removal, which would justify a removal without indemnity, as they would be the effect of the misconduct of the inhabitants of the District. These were, the evidence of a turbulent spirit, endangering the safety of Congress, and of a determined resolution, arising from a dissatisfaction which the Government or Congress expressed in favor of a recession. When he stated these grounds for removal, Mr. D. said, it was not from any apprehension of their occurrence. On the contrary, he believed the Government in perfect safety, and he was convinced, if any hostile arm should be raised against it, the inhabitants of Columbia would be ready to shed their blood in its defence. MARCH, 1804.] Seat of Government. [SENATE. lived. But, once adopted, it became sacred in his eyes; and nothing short of an act of God, in the shape of an earthquake, a plague, or some other fatal scourge, would justify a removal; and, he trusted, that unless some such act occurred, this would be the last time the measure was proposed. Nothing could exceed his surprise at the mo- | being friendly, in the first instance, to this tives expressed by the gentleman from Mary-measure, which might be called the hobby-horse land for bringing forward this measure. He of, perhaps, the most illustrious man that ever should have expected, if the gentleman wished to promote the interests of the city, he would have imitated the example of the Athenians, who, in order to make a particular fund devoted to theatrical exhibitions sacred, had passed a law punishing with death any man who should move to divert it from its allotted purpose; and that the honorable gentleman, instead of bringing forward this bill, would have introduced one punishing with death the man who should move a change of the seat of Government; so that he who made the attempt might know that he did it with a halter around his neck. Mr. MACLAY moved to strike out the words "Baltimore," and "Maryland," in the first sec tion. Motion agreed to-ayes 14, noes 10. The time would come, though he hoped to God neither his children nor his children's children would live to see it, when the population on this side of the Mississippi would pass that river, and when the seat of Government would be translated to its banks. Centuries would, however, elapse before that period arrived. Mr. ANDERSON said, there was no such word in the constitution as "permanent," applied to the seat of Government; nor did the constitution prohibit the removal of it when the public interest should require it. Believing that such would be the experience of the inconveniences of the place, that Congress would certainly remove within five years, he was for taking that step now. The ill accommodation of the place was manifest to every man; nor did he believe that time would cure the evil. Such losses, however, as should be sustained by the proprietors, he was ready to remunerate. This was the least expensive course which could be pursued, as to make the necessary improvements in this place will require at least the annual sum of fifty thousand dollars for twenty years to come, and at least thirty thousand dollars a year to keep the public buildings in a state of repair. In addition to this immense expense was to be added, the great loss of time which arose from the inconvenient arrangements of the place, and the consequent expenditure of public money. For these reasons, Mr. A. said, he should give a decided vote in favor of the bill. Mr. M. then observed, that he would concisely state the ideas which influenced him on this subject. For the existing inconveniences of this place, and the want of accommodation to which Congress was exposed, he did not consider the inhabitants of Washington in the least to blame. The causes from which these flowed, it was not in their power to control. They arose, in a great measure, from the city being surrounded by seats of trade, which naturally repressed its rise here. Those inconveniences were, he believed, of a nature not to be cured by time, and, if there was no constitutional obstacle, it would be the best policy to remove immediately. He contended that no constitutional obstacle did exist. On the contrary, he was of opinion that it was the duty of the Legislature, in case the public good required it, to remove the seat of Government. He believed that this place would not long remain the seat. The members of the Government will become tired of remaining here, when they are convinced that the inconveniences which they experience will not promote the advantage even of their Mr. JACKSON remarked, that the gentleman posterity. The single question then is, whether from Tennessee ought, in forming his opinion less inconvenience will be produced by an im- of the constitutionality of removing the seat of mediate or a protracted removal. He was Government, to attend as well to the laws passed clearly of opinion that the inconvenience of re- by Congress on the subject, as to the provisions moving, at this time, would be less than at a of the constitution itself. [Mr. J. here read the future day. He concluded by saying, that he article of the constitution on the subject.] He should not, himself, have brought forward this said that, according to the rigid construction of measure at the present time. He would have this provision, it excluded altogether a tempowaited for more conclusive proofs of the insu-rary seat, after this part of the constitution was perable inconveniences attending a residence at this place, when opinions, at present variant, would be more united. Mr. JACKSON said, the gentleman from Pennsylvania (Mr. MACLAY) had picked a hole in the bill, and what effect it would produce, he could not pretend to say. If the word "Baltimore" had been suffered to remain, it would have been rejected by a large majority. Mr. J. then went at some length into a view of the unconstitutionality of a removal, and the happy situation of Washington for the seat of the Government. He said that he was far from carried into effect. Under this constitutional provision, Congress passed an act on the 6th of July, 1790, not more than a year and a half after the first meeting of the Legislature, and when many of the members of that body had been members of the convention, and might, therefore, be presumed to be the best acquainted with the true meaning of the constitution. This act fixed a temporary and a permanent seat of Government. [Mr. J. read it.] He then asked, can any thing be more clear and explicit? Does it not show, in terms of unequivocal meaning, that it was the opinion of the men best qualified SENATE.] Wreck and Capture of the Frigate Philadelphia. [MARCH, 1804. to decide, that the seat of Government, once | under the contemplation that Congress would fixed under the provision of the constitution, come here, and, after staying three or four years, must be permanent? It was not then imagined run off to different quarters of the Union? that the Government ought to be travelling about from post to pillar, according to the prevalence of this or that party or faction. All the ideas of that day were hostile to this wheelbar-pressed an opinion on the subject, until within row kind of Government. Mr. WRIGHT contended that, while the constitution had sacredly and irrevocably fixed the permanent seat of Government in this place, Congress might make some other place the temporary seat. Mr. ANDERSON said, that all that the law passed by Congress proved was, that Congress, and not the constitution, had declared this place the permanent seat. This law, like other laws, was subject to repeal. Now then, after this uniform opinion, entertained by Congress, by the States of Maryland and Virginia, and by every man who has ex a few years past, are we to be told that it is possible to give a different construction to the constitution? If any thing can fix a meaning to words, every thing which has occurred to this day, unites to decide this the permanent seat of the Government. These, said Mr. A., are my ideas. On the ground of expediency, if it were admitted as applicable to the present question, I would not undertake to say whether this is the most proper place for the residence of the Government. Nor will I say that Congress could not, consistently, remove in consequence of an act of God; that implies force, to which all human institutions must give way. But, say gentlemen, if we remove, we must indemnify the proprietors. But why indemnify if the constitution does not make this the permanent seat of Government, as it has been understood to be by every body until this day? Where is the propriety of indemnifying the holders of property here, if this is not the permanent seat, more than proprietors in Philadelphia or New York, where Congress formerly met? This very argument, urged by the advocates of the bill, shows that the constitution has made this the permanent seat. As to the idea of some gentlemen, of granting millions for an indemnity, the thing is impossible; it cannot be done; the people will not suffer it. Mr. DAYTON replied to some of the remarks made in the course of the debate, principally for the purpose of explaining his previous observations. When the question was taken, on ordering the bill to a third reading, and passed in the negative-yeas 9, nays 19, as follows: Mr. ADAMS wished, on this subject, to be explicit. He asked what was the meaning of the article of the constitution on this point, and all the laws of Congress passed under it? From the formation of the constitution until the removal of the Government to this place, but one sentiment had existed, which was, that the seat of the Government once fixed under the constitution, became the permanent seat. As to the idea of the gentleman from Maryland, who says this is the permanent seat while Congress are going from one place to another, he could not understand it. The constitution says, the place fixed on by Congress, on the cession of jurisdiction by the States, shall be the seat of Government. The idea of a temporary seat implies, necessarily, two seats of Government. But the expression in the constitution is "seat," and that implies only one seat. The reason of this provision of the constitution is obvious. As the gentleman from Georgia has very justly observed, the Government had been driven from post to pillar. The question, what place should be the seat of Government, had never presented itself without enkindling violent feelings; and it was supposed that the question would continue YEAS.-Messrs. Anderson, Armstrong, Breckento distract our public councils, until some per-ridge, Bradley, Maclay, Plumer, Stone, Tracy, and manent seat of Government was fixed. To carry Worthington. this into effect, the constitution interposed, and said, ten miles square shall be given to Congress, where their power shall be sovereign, and that shall be the seat of Government. Why give this exclusive legislation, if their residence is not to be permanent? Would it not be the acme of the ridiculous, for Congress to go to Philadelphia, and still continue to exercise exclusive legislation here? Let us now turn to the acts of Congress, and the proceedings had under them. [Mr. A. here read the act of Congress fixing the seat of Government.] It will appear that it was the intention of Congress that this should be the permanent seat of the Government, from the public buildings erected. Thus much as to the understanding of the Government. Now, as to the meaning of Maryland and Virginia, who gave up the territory, and also gave considerable sums of money for its improvement. Could this have possibly been done NAYS.-Messrs. Adams, Baldwin, Cocke, Dayton, Franklin, Hillhouse, Jackson, Logan, Nicholas, Olcott, Pickering, I. Smith, S. Smith, J. Smith of Ohio, J. Smith of New York, Sumter, Venable, White, and Wright. So the bill was lost. TUESDAY, March 20. Wreck and Capture of the Frigate Philadelphia. Representatives of the United States: I communicate to Congress a letter from Captain Bainbridge, commander of the Philadelphia frigate, informing us of the wreck of that vessel on the coast of Tripoli, and that himself, his officers, and men, had fallen into the hands of the Tripolitans. This accident renders it expedient to increase our force and en |