relate to the execution of a treaty, as the treaty was already finally negotiated. Mr. G. said, he had introduced this observation to show that there was no analogy whatever between the passage of that resolution, or an agreement to this resolution as submitted by the gentleman from Connecticut, (Mr. GRISWOLD.) But that resolution was precisely like this, as proposed to be altered, with one reservation; in the former case it was proposed that the President should withhold all such information as he should think improper to communicate, whereas in the present case there is no such reservation. Yet the gentleman from Connecticut, (Mr. GRISWOLD) as appears from the yeas and nays, was, in the former instance, against the call. The fact is, notwithstanding the remarks of that gentleman, there was nothing in the resolution agreed to by the House, in the case of the British Treaty, that involved the claim of the House to participate in the treaty-making power. We now conform the present resolution to that then offered, except that we do not reserve, as we did then, the right to the President to withhold a part of the papers; that is, we give to gentlemen all and even more, than they then denied us. The gentleman from Connecticut (Mr. GRISWOLD) on that occasion made a handsome speech to show that we did not possess a Constitutional right to call for papers; but he now tells you, that you have not only the right to call for papers, but you have the additional right to call on the Executive for his purposes.

Mr. G. begged leave to know whether this change of conduct evidenced that respect for the Executive department which gentlemen had heretofore so often professed? He also begged leave to compare the spirit of those gentlemen, with whom he then acted, with the spirit of other gentlemen now, and to ask whether the spirit then manifested was not a spirit of forbearance, and one which gentlemen, on this occasion, altogether disregarded? Those who then voted for papers, have since uniformly voted for papers, and now vote for them.

The gentleman has spoken of the accommodation of the French officers of the Berceau. The fact is, that the officers and men were, in the first instance, placed upon the same footing; both were allowed two dollars a week. On this sum, it was feared, the officers could not subsist. Application was made to the Executive that the officers taken should receive a larger allowance, on the ground that France should pay the sums allowed. Mr. G. would ask whether there was ground for crimination here? Whether it was improper to respect the law of nations, and to treat the French officers as officers, under similar cirstances, are always treated? And yet this conduct of the Executive, which, while it manifested a respect to the law of nations, also evidenced an equal regard to economy, had excited a great

clamor.

Mr. G. concluded by expressing a hope that the gentlemen would get all the information possessed by the Executive, from which they will find that the most scrupulous regard had been paid 7th CON.-37

H. OF R.

by the Executive to the laws, and particularly to those that respected the expenditure of public money.

Mr. DANA said he begged to observe that he had not said that any part of the Executive conduct, in this affair, was wrong. If the statement made by the gentleman from Virginia was correct, he would not hesitate to call what he had heard a popular clamor, and would do all in his power to put it down.

Mr. RANDOLPH read a document, in the possession of the House, to show that the information, desired by Mr. DANA, respecting the sums paid to the officers and men of the Berceau, was already before Congress.

Mr. DANA withdrew his motion.
Mr. NICHOLSON renewed it.

Mr. GRISWOLD said he had voted against the call for papers under the British Treaty. He should vote for this call. He had before stated, and he repeated it, that the ground on which that call was made, was, that the House had a right to participate in the treaty-making power.

The volume of the debates, which then took place, will show that both parties considered the call in that light. We then said, if it is your object to impeach Executive officers, or to know how much money has been expended, you have a right to the papers; but when you avow your object to be an interference with the Constitutional powers of other departments, we refuse them; so also said the President. But in this case we only call for papers in relation to the sale, purchase, and repairs of the Berceau. And have we not a right to inquire into the expenditure of public money? No one has ever doubted this right.

Mr. G. said he would, for these reasons, vote for the present call, believing that his vote on this occasion would be perfectly consistent with that under the British Treaty.

Mr. GILES said, he denied that the House of Representatives, in 1796, claimed a participation in the treaty-making power.

They contended for the right, a right which, he trusted, they would never abandon, of obtaining information whenever they were called upon to carry a treaty into operation. The first resolution of the House, adopted on that occasion, expressly disavows the right to participate in the making of treaties. [Mr. G. quoted the Journals to this effect.] Mr. GRISWOLD said, he was astonished at the gentleman having read a resolution that altogether defeated his own argument.

[Mr. GRISWOLD here read the Journal.]

The question was then taken by yeas and nays, and the resolution carried by a unanimous vote.

Ordered, That Mr. GRISWOLD and Mr. GILES be appointed a committee to present the foregoing resolution to the President of the United States.

report on the memorial of Fulwar Skipwith, referred to him by order of the House on the nineteenth of January last; which were read, and ordered to be committed to a Committee of the whole House on Friday next.

Mr. JOHN C. SMITH, from the Committee of Claims, to whom was recommitted, on the fifteenth ultimo, their report on the memorial of Paul Coulon, a French citizen, made a supplementary report thereon; which was read, and ordered to be referred to a Committee of the whole House to-day.

On motion, it was Resolved, That a committee be appointed to examine and report the state of the office of the Clerk of this House.

Ordered, That Mr. CLAY, Mr. HUGER, and Mr. SOUTHARD, be appointed a committee pursuant to the said resolution.

Mr. MITCHILL, from the committee to whom were referred, on the fifth instant, the amendments proposed by the Senate to the bill, entitled "An act for revising and amending the acts concerning naturalization," reported that the committee had had the said amendments under consideration, and directed him to report to the House their agreement to the same.

NORTHWESTERN TERRITORY. The House resolved itself into a Committee of the Whole on the bill to enable the people of the Eastern division of the Territory Northwest of the river Ohio to form a Constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes.

Mr. FEARING moved to amend the bill so as to embrace the population of the eastern division as bounded by the articles of the ordinance, the effect of which motion would be to include about thirty thousand inhabitants of that division, that are excluded by the provisions of the bill, and respecting whom it is provided in the bill, that they may hereafter be added by Congress to the new State, or disposed of otherwise, as provided by the fifth article of the compact.

This motion gave rise to a debate of considerable length, in which Messrs. FEARING, BAYARD, GRISWOLD, GODDARD, HENDERSON, and RANDOLPH, supported; and Messrs. GILES, BACON, and R. WILLIAMS, opposed the amendment.

Those who supported the amendment contended that the exclusion of that portion of territory occupied by about three thousand inhabitants was both unconstitutional and inexpedient. On the ground of constitutionality, they contended, that under the articles of the compact, which were to be considered as the constitution of the Territory, Congress had only the right of forming the eastern division into one, two, or three States; and that under this power, no right existed to form one part of the division into a State, and leave the remaining sections in a Territorial condition; that the rights of the whole of the inhabitants of the eastern division were equal, and if one part was, so also must the remaining part be, admitted to the privilege of a State.

APRIL, 1802

On the ground of expediency, it was contended that the situation of the excluded inhabitants would be peculiarly hard; that, if attached to the Indiana Territory, they would be placed two or three hundred miles from it; that they would be furthermore degraded from the second to the first branch of Territorial government, and that they would be deprived, by the reduction of their numbers, from the prospect of being admitted for a great number of years, to State rights.

On the contrary, the opponents of the amendment contended that the provisions of the bill were both Constitutional and expedient; that under the compact the right was given to Congress of admitting the eastern division into the Union, in the form of one, two, or three States; that this right involved a discretion to admit a part of that division at one time, and the remaining part at a subsequent period; that if the whole division were once admitted into the Union, Congress would be prohibited from dividing hereafter, when it was acknowledged such division would be expedient, the said division into two or more States, without the consent of the State now formed.

That, as to considerations of expediency, the hardships likely to be felt by the excluded inhabitants were such as arose, not from the provisions of the bill, but from their local situation; and that it was not true that they would be degraded by annexation to the Indiana Territory, to a lower grade of Territorial character than they at present enjoyed-the grade being the same.

Mr. RANDOLPH supported the amendment on peculiar ground, declaring that if the amendment should not prevail, he would still vote for the admission. He declared himself in favor of the amendment, principally from a desire to avoid the introduction of too many small States into the Union.

The question was then taken on Mr. FEARING'S amendment, and lost-yeas 34, nays 38.

Mr. FEARING moved so to amend the bill as to leave to the new State the right of naming itself. Agreed to.

After some discussion of the details of the bill, the Committee rose and reported the bill, with amendments.

Ordered, That the said bill, with the amendments, do lie on the table.

THURSDAY, April 8.

Mr. JOHN TALIAFERRO, Jun., from the committee to whom was referred, on the fifth instant, the petition of sundry citizens of Georgetown, in the District of Columbia, with instruction to report thereon by bill or otherwise, presented a bill to incorporate the Directors of the Columbian Library Company; which was read twice, and committed to a Committee of the whole House on Monday next.

Mr. DENNIS, from the committee to whom was referred, on the fifth of February last, a motion, in the form of two resolutions of the House, "respecting the adjustment of the existing disputes between the Commissioners of the City of Wash

ington, and other persons who may conceive themselves injured by the several alterations made in the plan of the said city; also, relative to a plan of the said City of Washington, conformably, as nearly as may be, to the original design thereof, with certain exceptions," made a report thereon; which was read, and ordered to be referred to a Committee of the whole House on Monday next.

Mr. JOHN TALIAFERRO, Jun., from the committee appointed, presented a bill to incorporate the inhabitants of the City of Washington, in the District of Columbia; which was read twice and committed to a Committee of the whole House on Monday next.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, enclosing a statement prepared by the Register, of the application of the appropriations made by Congress for clerk-hire, in the several offices of the Treasury Department, specifying the names of the persons, and the salaries allowed to each, for the three last years, in pursuance of a resolution of this House, of the twenty-fifth ultimo; which were read, and ordered to lie on the table.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, accompanying two statements, marked A and B, relative to expenses incurred by the United States in the exercise of jurisdiction over the territory of Columbia, since the assumption of jurisdiction by Congress, prepared in pursuance of a resolution of this House of the first instant; which were read, and ordered to be referred to the committee appointed, on the eighth of December last, to inquire whether any, and, if any, what alterations or amendments may be necessary in the existing government and laws of the District of Columbia. The House proceeded to consider the report of the select committee to whom were referred, on the fifth instant, the amendments of the Senate to the bill, entitled "An act for revising and amending the acts concerning naturalization," which lay on the table: Whereupon,

Resolved. That this House doth agree to the said amendments, with amendments, to the section proposed to be substituted by the Senate in lieu of the first and second sections of the original bill. Mr. NICHOLSON, from the committee appointed on the second instant, presented a bill to abolish the Board of Commissioners in the City of Washington, and to make provision for the repayment of loans made by the State of Maryland for the use of the city; which was read twice and committed to a Committee of the whole House on Monday next.

Mr. NICHOLSON, from the committee appointed, presented a bill to provide more effectually for the due application of public money, and for the accountability of persons entrusted therewith; which was read twice and committed to a Committee of the whole House on Monday next.

The House, resolved itself into a Committee of the Whole on the supplementary report of the Committee of Claims of the seventh instant, to whom was recommitted, on the fifteenth ultimo,

H. OF R.

their report on the memorial of Paul Coulon, a French citizen; and, after some time spent therein, the Committee rose and reported a resolution which was twice read, and agreed to by the House, as follows:

Resolved, That there be paid to Paul Coulon, as agent for the captors of the ship Betty Cathcart and brig Aaron, prizes to the French privateer La Bellone, out of any moneys in the Treasury not otherwise appropriated, the sum of six thousand two hundred and forty-one dollars and forty-four cents, being the amount retained by the Treasury Department from the sales of the ship Betty Cathcart, and for duties on the cargo of the brig Aaron.

Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that the Committee of Claims do prepare and bring in the same.

NORTHWESTERN TERRITORY.

The House proceeded to consider the amendments reported yesterday from the Committee of the Whole to the bill to enable the people of the Eastern division of the Territory Northwest of the river Ohio to form a Constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes, which lay on the table; and the same being severally twice read, were, on the question put thereupon, agreed to by the House.

A motion was then made, further to amend the said bill, at the Clerk's table, by striking out, in the sixth, seventh, eighth, ninth, and tenth lines of the second section thereof, the following words: "and on the north, by an east and west line, drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie or"-and inserting in lieu thereof, the word "to:"

It passed in the negative-yeas 27, nays 44, as follows:

YEAS-James A. Bayard, Thomas Boude, Manasseh Cutler, John Davenport, Thomas T. Davis, John Dennis, Ebenezer Elmer, Abiel Foster, Calvin Goddard, Roger Griswold, William Helms, Joseph Hemphill, Archibald Henderson, William H. Hill, Benjamin Huger, Thomas Lowndes, Lewis R. Morris, James Mott, Thomas Plater, Nathan Read, John Cotton Smith, John Stanley, John Stratton, Samuel Tenney, Thomas Tillinghast, Lemuel Williams, and Henry Woods. Theodorus Bailey, Phanuel Bishop, Richard Brent, Robert Brown, William Butler, Samuel J. Cabell, Thomas Claiborne, Matthew Clay, John Clopton, John Condit, Richard Cutts, John Dawson, William Dickson, Lucas Elmendorf, William Eustis, John Fowler, William B. Giles, John A. Hanna, Daniel Heister, William Hoge, James Holland, David Holmes, George Jackson, Charles Johnson, Samuel L. Mitchill, Thomas Moore, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, John Smith, of Virginia, Samuel Smith, Richard Stanford, Joseph Stanton, jr., John Taliaferro, jr., Philip R. Thompson, Abram Trigg, John Trigg, Isaac Van Horne, and Robert Williams.

NAYS-Willis Alston, John Archer, John Bacon,

Mr. JOHN C. SMITH moved farther to amend

the bill, by striking out the third section thereof, in the words following, to wit:

"And be it further enacted, That all male citizens of the United States, who shall have arrived at full age, and resided within the said Territory at least one year previous to the day of election, and shall have paid a territorial or county tax, and all persons having, in other respects, the legal qualifications to vote for Representatives in the General Assembly of the Territory, be, and they are hereby, authorized to choose Representatives to form a Convention, who shall be apportioned amongst the several counties within the Eastern division aforesaid, in a ratio of one Representative to every inhabitants of each county, according to the enumeration taken under the authority of the United

States, as near as may be, that is to say: from the county of Trumbull, Representatives; from the county of Jefferson Representatives,

of the to be elected within what is now known by the county of Belmont, taken from Jefferson and Washington counties; from the county of Washington Representatives; from the county of Ross Representatives, of the to be elected in what is now known by Fairfield county, taken from Ross and Washington counties; from the county of Adams Representatives; from the county of Hamilton Representatives, of the to be elected in what is now known by Clermont county, taken entirely from Hamilton county: and the elections for the Representatives aforesaid, shall take place on the second Tuesday of October next, the time fixed by a law of the Territory, entitled "An act to ascertain the number of free male inhabitants of the age of twenty-one, in the Territory of the United States Northwest of the river Ohio, and to regulate the elections of Representatives for the same," for electing Representatives to the General Assembly, and shall be held and conducted in the same manner as is provided by the aforesaid act, except that the qualifications of electors shall be as herein specified."

The motion to strike out was supported by Messrs. JOHN C. SMITH, GODDARD, FEARING, and HENDERSON, and opposed by Messrs. GILES, MITCHILL. R. WILLIAMS, ELMER, and HOLLAND, on the ground that the right of the United States to admit necessarily involved the power of prescribing a convention.

The yeas and nays were taken, and it passed in the negative-yeas 26, nays 48, as follows:

APRIL, 1802.

Nicholson, John Smilie, Israel Smith, John Smith, of
Virginia, Josiah Smith, Samuel Smith, Henry Southard,
Richard Stanford, Joseph Stanton, jr., John Stewart,
John Taliaferro, jr., David Thomas, Philip R. Thomp-
Robert Williams.
son, Abram Trigg, John Trigg, Isaac Van Horne, and

Mr. FEARING said he was of opinion that some provision ought to be made for the inhabitants excluded from the new State, and the continuance of suits from the old to the new Government; for these purposes he moved the recommitment of the bill. Lost.

Mr. DANA proposed so to amend the fourth section, as that a majority of the whole number of delegates elected in the Convention, instead of a majority of those present, should first determine whether it be or be not expedient to form a constitution, &c.

The yeas and nays were called, and the motion carried yeas 38, nays 33, as follows:

YEAS-Thomas Boude, William Brent, John Condit, Manasseh Cutler, Samuel W. Dana, John Davenport, Thomas T. Davis, Lucas Elmendorf, Ebenezer Elmer, William Eustis, Abiel Foster, John Fowler, Calvin Goddard, Edwin Gray, Roger Griswold, John A. Hanna, Joseph Hemphill, Archibald Henderson, William Hoge, Benjamin Huger, Lewis R. Morris, Thomas Morris, James Mott, Thomas Plater, Nathan Read, William Shepard, John Cotton Smith, Henry Southard, Richard Stanford, Joseph Stanton, junior, John Stewart, John Stratton, Samuel Tenney, Thomas Tillinghast, John Trigg, George B. Upham, Peleg Wadsworth, and Lemuel Williams.

NAYS-Willis Alston, John Archer, John Bacon, Robert Brown, William Butler, Samuel J. Cabell, Thomas Claiborne, Matthew Clay, John Clopton, Richard Cutts, John Dawson, William Dickson, William B. Giles, William Helms, James Holland, David Holmes, George Jackson, Charles Johnson, Samuel L. ton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, Mitchill, Thomas Moore, Anthony New, Thomas NewJohn Smith, of Virginia, Samuel Smith, John Taliaferro, jr., David Thomas, Philip R. Thompson, Abram Trigg, Isaac Van Horne, and Robert Williams.

The bill was then ordered to be engrossed for a third reading to-morrow.

FRIDAY, April 9.

NAYS-Willis Alston, John Archer, John Bacon, Phanuel Bishop, Richard Brent, William Butler, Samuel J. Cabell, Thomas Claiborne, John Clopton, John Condit, Thomas T. Davis, John Dawson, William Eickson, Lucas Elmendorf, Ebenezer Elmer, John Fowler, William B. Giles, Edwin Gray, John A. Hanna, Daniel Heister, William Helms, William Hoge, James Holland, David Holmes, George Jackson, Charles Johnson, Samuel L. Mitchill, Thomas Moore, James Mott, Anthony New, Thomas Newton, jr., Joseph H.

consist in the holding the Supreme Court only [The chief alterations made from the old system once a year by four justices, and the establishment cuit courts are to be holden twice a year, comof six circuits, within each district of which cirposed of one justice of the Supreme Court and the judge of the district, in which said court is held.]

The bill was read twice, and referred to a select committee.

The House, resolved itself into a Committee of the Whole on the bill for the relief of Theodosius Fowler. The Committee rose and reported the bill without amendment.

The House then proceeded to consider the said bill, at the Clerk's table: Whereupon, a motion was made, and the question being put, that the farther consideration thereof be postponed until the third Monday in November next, it passed in the negative.

Ordered, That the said bill be engrossed, and read the third time on Mouday next.

A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with such committee as may be appointed on the part of this House, to consider and report what business is necessary to be done by Congress, in their present session, and when it may be expedient to close the same.

The House proceeded to consider the said message: Whereupon,

Resolved, That this House doth agree to the same; and that Mr. S. SMITH, Mr. BAYARD, Mr. J. SMITH, (of New York,) Mr. HENDERSON, and Mr. GILES, be appointed a committee on the part of this House for the purpose expressed in the message from the Senate.

Mr. RANDOLPH, from the Committee of Ways and Means, to whom it was referred to take into their consideration the subject of the public debt, and the provisions requisite for effecting its ultimate redemption, made a report thereon; which was read, and ordered to be committed to a Committee of the whole House on Monday next.

Mr. RANDOLPH, from the same committee, presented a bill making provision for the redemption of the whole of the public debt of the United States; which was read twice and committed to the Committee of the whole House last appointed. Mr. J. C. SMITH, from the Committee of Claims. presented, according to order, a bill for the relief of Paul Coulon; which was read twice and committed to a Committee of the Whole House to-day.

NORTHWEST TERRITORY.

An engrossed bill to enable the people of the Eastern Division of the Territory Northwest of the river Ohio to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes, was read the third time, and the blanks therein filled up: And, on the question that the same do pass, it was resolved in the affirmative-yeas 47, nays 29, as follows:

YEAS-Willis Alston, John Archer, John Bacon, Theodorus Bailey, Phanuel Bishop, Richard Brent, Robert Brown, William Butler, Samuel J. Cabell, Thomas Claiborne, Matthew Clay, John Clopton, John Condit, Thomas T. Davis, John Dawson, William Dickson, Lucas Elmendorf, Ebenezer Elmer, William Eustis, John Fowler, William B. Giles, William Hoge, James Holland, David Holmes, George Jackson, Samuel L. Mitchill, Thomas Moore, James Mott, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, John Smith, of New York, Josiah Smith, Samuel Smith, Richard Stanford, Joseph Stanton, jr., John Stewart, John Taliaferro, jr., David Thomas, Philip R. Thompson, Abram Trigg, John Trigg, John P. Van Ness, Isaac Van Horne, and Robert Williams.

H. OF R.

NAYS-Thomas Boude, John Campbell, Manasseh Cutler, Samuel W. Dana, John Davenport, John Dennis, Abiel Foster, Calvin Goddard, Roger Griswold, William Barry Grove, Seth Hastings, Joseph Hemphill, Archibald Henderson, Benjamin Huger, Thomas Lowndes, Lewis R. Morris, Thomas Morris, Thomas

Plater, Nathan Read, William Shepard, John Cotton Smith, John Stanley, John Stratton, Samuel Tenney, Rensselaer, Lemuel Williams, and Henry Woods. Thomas Tillinghast, George B. Upham, Killian K. Van

MONDAY, April 12.

An engrossed bill for the relief of Theodosius Fowler was read the third time, and passed.

The House went into Committee of the Whole on the bill for the relief of Paul Coulon, which was reported without amendment, and ordered to be engrossed and read the third time to day.

Mr. S. SMITH, from the committee appointed, presented a bill for the relief of Lewis Tousard; which was read twice and committed to the Committee of the Whole for to-morrow.

Mr. CLAY, from the committee appointed on the seventh instant, to examine and report on the state of the office of the Clerk of this House, made a report: which was read, and ordered to lie on the table.

The House resolved itself into a Committee of the Whole on the bill to provide for the establishment of certain districts, and therein to amend an act, entitled "An act to regulate the collection of duties on imports and tonnage," and for other purposes; and, after some time spent therein, the Committee rose and reported several amendments thereto; which were severally twice read, and agreed to by the House.

Ordered, That the said bill, with the amendments, be engrossed, and read the third time tomorrow.

The House, resolved itself into a Committee of the Whole on the report of the Secretary of State, of the seventh instaut, to whom was referred, on the nineteenth of January last, the memorial of Fulwar Skipwith; and, after some time spent therein, the Committee rose and reported two res olutions thereupon; which were severally twice read, and agreed to by the House, as follow:

Resolved, That provision ought to be made by law, for the payment of four thousand five hundred and fifty dollars, unto Fulwar Skipwith, (which sum was advanced by him to the United States,) with an interest of per centum, from the first of November, one thousand seven hundred and ninety-five.

Resolved That provision ought to be made by law for compensating the said Fulwar Skipwith, for his services from the first of November, one thousand seven hundred and ninety-six, to the first of May, one thousand seven hundred and ninety-nine, at the rate of dollars, per annum.

Ordered, That a bill or bills be brought in pursuant to the said resolutions; and that Mr. DAWSON, Mr. VAN CORTLANDT, and Mr. STANTON, do prepare and bring in the same.

The House, then went into Committee of the Whole on the report of the committee of the twenty-second of January, on the petition of Sarah