Mr. ALSTON moved to postpone the farther consideration of this bill, until the first Monday in December next. He thought it altogether improper to do anything in the business at that time. Mr. Eustis, opposed the postponement and stated the grounds on which the committee went who reported the bill. The suit he said was in fact the suit of the Government. Mr. Dexter cught to be indemnified for his expense and time. Mr. GILES advocated the postponement. Mr. BAYARD observed that the principles had been correctly stated by the gentleman from Massachusetts. The suit was substantially the suit of the Government, and, said Mr. B., I ask if anything can be more flagrantly wrong, more iniquitously unjust, than to allow the suit to be the suit of the United States, and yet, because we have the power, deny to pay the expenses. Mr. BAYARD, spoke at some length in favor of the bill and against a postponement, and was folwowed by Messrs. GRISWOLD, RUTLEDGE, T. MOR818. and HASTINGS, on the same side. Messrs. HOLLAND, BACON, and SPRIGG, spoke in favor of postponing. The question for postponement was then put-for it 36, against it 56. It was then referred to a Committee of the whole House, and Mr. J. C. SMITH, took the Chair. The bill was so amended as to authorize the accounting officers of the Treasury to settle Mr. Dexter's account for the expenses incurred by the suit, and for his time and personal expenses, cot exceeding six dollars a day, for the time necessarily employed in attending to the suit and in travelling. In the House the amendment was agreed to, and ordered to be engrossed for a third reading-51 voting in favor of it. Mr. GILES called up his resolution respecting the Mint, which he moved should be referred to the Committee of the Whole; which was agreed 10, and made the order of the day for to-morrow. TUESDAY, February 2. An engrossed bill to authorize the settlement of the account of Samuel Dexter, for his expense in defending against the suit of Joseph Hodgson, was read the third time and passed. H. of R. the Whole on the amendments of the Senate to the bill, entitled "An act for the protection of the commerce and seamen of the United States in the Mediterranean and adjoining seas;" and, after some time spent therein, the Committee rose and reported their agreement to the same, without amendment. The House then proceeded to consider the said amendments; and, on the question that the House do concur with the Committee of the Whole in their agreement to the same, it was resolved in the affirmative. The House again resolved itself into a Committee of the Whole on the bill to prevent intrusion on the public lands, 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 recommitted to the Committee of Ways and Means. A Message was received from the President of the United States transmitting returns of arms, fortifications, &c. The said Message, and the documents accompanying the same, were read: whereupon, Ordered, That such parts thereof as relate to the military stores of the United States be referred to the committee appointed on the 22d of December last, on the same subject. Ordered, That the residue of the said Message do lie on the table. On motion, it was Resolved, That the Secretary of the Navy be directed to furnish this House with copies of any documents in his office relative to the object of the voyage or crews of the frigate Insurgent and brigantine Pickering, lately belonging to the Navy of the United States; and, also, to state the time when, and the place from whence, they sailed, together with any other information respecting their loss, which it may be in his power to furnish. WEDNESDAY, February 3. Mr. DAVIS, one of the members from the State Mr SPRIGG, from the committee appointed, pre- of Kentucky, presented to the House a letter from sented a bill for the relief of Samuel Harvey How- the Secretary of the Treasury, addressed to him ard, and other officers of the courts of Maryland; as Chairman of the committee to whom were rewhich was twice read and committed to a Com-ferred, on the eighth of December last, and the mittee of the whole House to-morrow. On motion, it was Resolved, That the President of the United States be requested to inform this House whether any, and what, measures have been taken for treating with the Indians south of the Ohio, in consequence of an act of Congress, passed the thirteenth of May, one thousand eight hundred, entitled "An act to appropriate a certain sum of money to defray the expense of holding a treaty or treaties with the Indians." Ordered, That Mr. STANLEY and Mr. DAWSON be appointed a committee to present the foregoing resolution to the President of the United States. The House resolved itself into a Committee of eighteenth, twenty-fifth, and twenty-sixth ultimo, the petition of James McCashen and others, the memorials of John Cleves Symmes, and of George Turner, and the petitions of sundry purchasers and settlers on the lands originally contracted for by John Cleves Symmes, between the Great and Little Miami rivers, enclosing a letter and report from the Receiver of the Land Office at Cincinnati, respecting the lands applied for under an act of the last session of Congress, giving a pre-emption right to certain purchasers under John Cleves Symmes; which were read, and ordered to lie on the table. On motion, it was' Ordered, That the report of the committee of the thirtieth of December last, appointed on the fourteenth of the same month, "to inquire into the expediency or inexpediency of giving further time to persons entitled to military land warrants to obtain and locate the same; and, also, to report what provision ought to be made by law to authorize the Secretary of War to issue military land warrants, and duplicates of the same, where satisfactory proof is made that the originals have been lost, destroyed, or obtained by fraud," which lay on the table, be committed to a Committee of the Whole House immediately. The House accordingly resolved itself into the said committee; and, after some time spent therein, the Committee rose and reported several resolutions thereupon; which were severally twice read, and agreed to by the House, as follow: Resolved, That further time ought to be given to the holders or proprietors of military land warrants to register and locate the same. Resolved, That provision ought to be made by law, authorizing the holders of warrants, or certificates in the nature of warrants, under an hundred acres, to lo cate the same. Resolved, That all warrants or certificates located on a less quantity than four thousand acres, shall be located on the unlocated parts of the fifty quarter townships and fractional quarter townships. Resolved, That warrants, or certificates in the nature of warrants, which have or shall issue for a quantity less than an hundred acres, shall be located on the fractional parts of lots that are less than an hundred acres, and in no other place. Resolved, That the holders or proprietors of warrants for military services, who shall locate the same on the quarter townships, or fractional part of quarter townships, after the day of next, shall obtain patents in their own name. FEBRUARY, 1802. the said District.-Referred to the Committee of the Whole House appointed on the twenty-sixth ultimo, to whom was committed the bill referred to in the said remonstrance. A message from the Senate informed the House that the Senate have passed a bill, entitled "An act to repeal certain acts respecting the organization of the Courts of the United States, and for otther purposes;" to which they desire the concurrence of this House. The House went into a Committee of the Whole on the bill for the relief of Daniel W. Coxe and others; and, after some time spent therein. the Committee rose and reported the bill with an amendment. The House then proceeded to the consideration of the said bill and amendment: Whereupon, a motion was made, and the question being put, that the said bill, with the amendment, be recommitted to the consideration of a Committee of the whole House, it passed in the negative. Ordered, That the farther consideration of the said bill and amendment be postponed until Monday next. Mr. Thomas moved the following resolution: "Resolved, That a committee be appointed to inquire into the expediency of extinguishing the claims of the United States for certain balances, which, by the Com missioners appointed to settle the accounts between the United States and the individual States, were reported to be due from several of the States to the United States." Ordered, That the said motion be committed to a Committee of the whole House on Monday next. The SPEAKER laid before the House a letter from the Secretary of the Navy, enclosing copies of the sailing orders given to the commanders of the Ordered, That a bill or bills be brought in pur-mitted in pursuance of a resolution of the second frigate Insurgent and brigantine Pickering, transsuant to the said resolutions, and that Mr. DAVIS, instant; which were read, and ordered to lie on Mr. JACKSON, Mr. TALLMADGE, Mr. DENNIS, and Mr. FEARING, do prepare and bring in the same. The House then went into a Committee of the Whole on the bill for the relief of Lyon Lehman. The Committee rose and reported the same without amendment; and the bill was ordered to be engrossed, and read the third time to-morrow. The House went into a Committee of the Whole on the bill for the relief of Daniel W. Coxe and others; and, after some time spent therein, the Committee rose without coming to any decision. THURSDAY, February 4. An engrossed bill for the relief of Lyman Lehman was read the third time, and passed. A remonstrance of sundry inhabitants within the jurisdiction of the Corporation of Georgetown, in the District of Columbia, was presented to the House and read. praying that Congress will not pass into a law the bill for establishing the Territory of Columbia, now pending before this House; or that the said bill may be so amended or modified as to augment the powers of the Corporation of Georgetown, for the convenience and benefit of the remonstrants, and the other inhabitants of the table. JUDICIARY BILL. The bill sent from the Senate, entitled "An act of the Courts of the United States, and for other to repeal certain acts respecting the organization purposes," was read a first time, and Mr. GILES moved that it should have a second reading. read a second time was for the purpose of comMr. BAYARD supposed the object in having it mitting the bill. He thought it should be committed to the select committee appointed some weeks ago to take this subject under consideration. Mr. B. said it was not to produce delay that he proposed this. On common occasions, there was no doubt a subject would be so disposed of. He had no wish to affect any favorite plan gentlemen have determined on, by proposing this reference. Mr. RANDOLPH thought it proper the principle of the bill should be settled in Committee of the Whole, and moved a reference to that effect. Mr. GILES was in favor of its being referred to a Committee of the Whole; there was no detail. he said, in the bill. If it should be referred to the committee proposed, there was no prospect that they would in any reasonable time make a report. One of the gentlemen appointed on that committee had been prevented by indisposition from even attending it, and there was very little prospect of that committee coming to any agree ment without that member. Mr. G. must have alluded to the members being equally divided in political sentiments.] But, said Mr. G., this is not my only reason for wishing it to go to the Committee of the Whole. Gentlemen are mistaken if they think there has been any concert on this subject; or, if there has been any, it is wholly without my knowledge. He wished the bill to be taken up on Monday; there had been great agitation in the community excited by the subject of that bill. It had been Tery ably discussed in the Senate, and it was very necessary to decide this great Constitutional quesnon in this House as early as would be consistent with the importance of the subject; because he believed the agitation produced in the country would subside as soon as the business was settled 3 this House. Mr. RUTLEDGE said he was really surprised at this motion's coming from the gentleman from Virginia, (Mr. RANDOLPH,) who had moved the resolution, in consequence of which the select committee had been raised on the subject of this l. The Chairman of that committee had never called the members together, but let the subject De dormant, because he knew it was before the ther branch of the Legislature, and waited for a decision there; and now, when it has come to us, that gentleman is for sending it to another comittee, without first moving to discharge the select mmittee. He hoped gentlemen in favor of this bil would not whip on with such unusual speed because they are the majority. Mr. R. said he really could not understand another gentleman from Virginia, (Mr. GILES,) when he says, to refer the bill to the select comittee, will be to delay the business, because there would be a tie in the committee, the umpire beng detained by indisposition from attending. If this tie was in the House instead of the committee, there would be some grounds for the objectc. But if there should be any appearance of delay in the committee, the majority of this House would discharge them immediately. Mr. R. was disposed to adhere to the forms usually observed; it was the most correct as well as fairest mode of transacting business. H. OF R. Mr. G. said it had been the uniform practice of the House to refer in the first instance, and he hoped the House would not deviate from it. If instead of this bill, there was a resolution offered to this House proposing to repeal the two laws of last session respecting the Judiciary, then it would be proper to decide on it first in Committee of the Whole. Mr. SMILIE advocated a reference to the Committee of the Whole. Mr. GODDARD expressed his solicitude that the bill should go first to the select committee, that everything like the pride of party or the pride of opinion might be prevented from attaching itself to this bill. When the select committee reported, and that was taken up in Committee of the Whole, the discussion would be entered upon with more candor, and gentlemen would be more likely to be open to conviction. Mr. MILLEDGE was in favor of the motion; he wished to call the attention of the House to two instances where bills had been reported by select committees without the principles being settled in Committee of the Whole, and he begged gentlemen to call to mind the consequence of that mode of proceeding, and the great delay it occasioned. Mr. S. SMITH observed, as there had been something like censure thrown on the committee appointed on the subject of the Judiciary, he would mention some reasons why that committee could not be expected to have considered the subject very fully. Some considerable time after the appointment of that committee, the Chairman (Mr. RANDOLPH) informed the House that he was Chairman and member of so many committees that he could not attend to them all, and asked to be excused from serving on this committee; when another gentleman was appointed in his place, so that the subject could only be considered as being before the committee from about the 20th of January. Mr. GILES said he had been in some measure anticipated by the gentleman last up. It had been urged, give the bill to a select committee first to settle the detail; when it comes forward here, if a majority should be opposed to the principle, he would ask whether the reference in such a case would not be wholly unnecessary? The principle, he contended, should first be settled in a Committee of the Whole. The select committee to whom some gentlemen wished to refer this bill, had, since the 20th of January, had an important and the most voluminous subject under consideration that would come before the House the present year. He alluded to the petition of the Wyoming claimants and the documents accompanying it, which would take up the time of the committee for two weeks to read them through. Mr. GRISWOLD agreed that in Committee of the Whole was the proper place to discuss and decide great and general principles. But in this there were considerable details, and was it But he asked, more correct to send it to a select committee to settle that detail, which could not be properly done in Committee of the Whole? As to the absence of one gentleman on the select committee, that could be easily remedied by ap-be buried, the subject of the bill before them was Mr. G. said, that if party sensations ever could pointing another in his place. Suppose the House should go into Committee on the bill, and a majority say they like the principle but do not the detail, must it not then be referred to a select committee to settle the detail? the most proper for making an effort, and have that disposition discovered. Party triumph, he agreed, had too long predominated, and he hoped the time would soon come when such triumph would cease. He thought this great Constitutional subject had come forward for decision at a most fortunate period. There was a general tranquillity in the country and a fair discussion could, be had. The whole bill was a single proposition, to wit, Shall two laws of last session be repealed? and it could be very well determined in a Committee of the Whole. Mr. DANA acknowledged himself particularly pleased with the sentiments of the gentleman who had just sat down. He thought it highly interesting to our common country that the triumph of party should be checked on this occasion. The most likely mode of checking such triumph would be that the whole business should proceed in its usual course, and that the majority should not precipitate it excessively. Some most important subjects had been delayed by the members not being in possession of the documents. This subject ought to come before them in its least exceptionable shape, that discussion may be had with an understanding of the subject. It had been said this bill from the Senate was a single proposition, because it only proposes to repeal two laws. Gentlemen might call it a single proposition if it were proposed that the Constitution should be destroyed. Though it is called a single proposition, it is not a simple one; on the contrary it is one of the most complex. It is already determined the Judiciary system shall be abolished, that it shall swallow up every thing that comes in its way; yet he thought it ought to be done in such a way as to do as little injury to others as possible. Mr. BAYARD. It is urged we should go into Committee of the Whole to settle the principle of the bill. There is no principle in the bill. I do not mean any play upon the words. If a single insulated principle were to be settled, the course proposed by gentlemen would be correct. But we are going to decide a general question, involving vast details. If gentlemen will unfetter themselves from the manacles of party prejudice, they will on examination find it the correct course that this bill should go to the select committee. The object is to repeal the law of last session. Are there six gentlemen in this House who can say what that law is? Is there one who can tell me even how many sections there are in it, or what is contained in a single section? Is it possible that the blindness of party spirit can say we will repeal a law though we do not know what it is? Would you not on any other subject send a bill repealing very complex laws to a select committee? You could scarcely find a section of any law having so much detail as the first section of this bill; the second has also much and the third more detail. It is not easy to say what acts would be repealed by this bill. The laws of the last session were not confined to merely establishing new courts and new judges, but there were many wholesome amendments to the old system incorporated in these laws, which, if you repeal by this repealing act, you will be obliged again to establish in some other way. A month of close application, by the most industrious person could not make him master of FEBRUARY, 1802. this subject, so as to see the operation of this bill on those it is intended to affect. And are gentlemen prepared to say they will repeal those laws even if on examination they find them useful? In another more important detail, I will pledge myself to prove it defective:-with respect to suits existing originally in the old court, by the laws of last session, brought into the new court, and now transferred to the old court again. Can gentlemen say no criminal will escape justice, and no man lose his suit by passing this bill? There never was a general question involving more detail than this bill. Gentlemen are even frustrating their own object. What is the object of gentlemen? They will lose no time by the mode we propose, we shall gain none. I believe the laws of last session will be repealed; they are considered as repealed through the country. A gentleman has said there was no concert on this subject; I do not know that it has been debated in what are called caucuses. [Mr. RANDOLPH called to order. The SPEAKER decided against him.] Mr. B. proceeded: I was about to say, Mr. Speaker, there was no need of concert in the business. I was not blaming these meetings, in what are called caucuses. I do not see why thirty or forty members may not meet together to talk on politics, or any other more entertaining subject, as well as a smaller number. I was astonished to hear the gentleman fron Virginia (Mr. GILES) say what he did about the agitation of the public mind. Does he tremble at the agitation this subject has excited? Does his security consist in the apathy of public sentiment? The public mind should be agitated on this question; the people should know what we are about. If they have any thing to say, I wish to hear it. I wish it to go to the people, and even that it should be decided by their vote. This is not a measure originating from the people; if it were, the more it should be agitated by the people the better it would be for that gentleman. I meant no reflection on the select committee to whom the subject of this bill was referred. I was not dissatisfied with them, but I am dissatisfied with the excuse the gentleman from Maryland has made for them. I am sorry he implicated the Speaker in that apology, who, it must be presumed, knew what committees the gentleman from Virginia (Mr. RANDOLPH) was chairman of, and of how many he was a member when appointed chairman of another, from attending which he very properly afterwards requested to be excused. It is proper this bill should go to the select committee, that the general question may be so presented to the House, as that it may be fairly discussed. The question on referring the bill to the Committee of the Whole was then taken, and carried54 voting in favor of it. When the SPEAKER asked, "For what day shall it be made the order?" Mr. DAVIS proposed Monday week. Mr. GILES believed the business of the session would not progress until this subject was decided; he wished it the order for Thursday next. Mr. BAYARD hoped Monday week would be agreed to; he had not heard much of the debate in the Senate, or read a single speech. He wished ume to read the speeches. He knew they could caly rely on the candor and accommodation of entlemen for this indulgence. As to those who had made up their minds upon the subject, and who did not intend to speak, they could not have a common feeling with him on this occasion. If gentlemen would allow them time to prepare, they would meet the friends of the bill, and discuss its merits with all that calmness and deliberation on their part that could be expected. But if they were hurried into the subject, he feared, that with the exercise of all their Christian patience and forbearance, it would not be possible. Mr. NICHOLSON said, as the gentleman from Delaware has promised, on the part of his friends, I meet us in the discussion of this question with a great deal of forbearance, like good Christians, if it e postponed until Monday week, I shall vote for hat day, and hope it will be carried. The question for Monday week was then put and carried-54 voting for it. FRIDAY, February 5. Mr. SMITH, from the Committee of Commerce and Manufactures, to whom was recommitted, on the twenty-ninth ultimo, an engrossed bill to allow drawback of duties on goods exported to New Orleans, and therein to amend the act, entitled An act to regulate the collection of duties on sports and tonnage," reported an amendment thereto; which was twice read, and, together with the said bill, ordered to be committed to a ComLittee of the Whole House to-day. A memorial of sundry citizens of the United States, and resident merchants of the city of Balmore, and State of Maryland, was presented to the House and read, praying relief in the case of Lumerous and heavy losses sustained by the meerialists, in consequence of the illegal capture and confiscation of their property, under the authority of the French Government, prior to the promulgation of the late Convention between the United States and France; in the provisions of which compact the memorialists discover an unpalified surrender of their claims, instead of the dress which they expected to obtain.-Referred 12 Mr. GILES, Mr. MITCHILL, Mr. EUSTIS, Mr. LOWNDES, Mr. MILLEDGE, Mr. TALLMADGE, Mr. ROBERT WILLIAMS, Mr. DAVIS, and Mr. GREGG; at they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. On a motion made and seconded that the House to come to the following resolutions: Resolved, That the President of the United States , and he is hereby, authorized and empowered to apint one or more Commissioners, as he may deem Becessary, on the part of the United States, to adjust, principles of equity, the existing disputes between the Commissioners of the City of Washington and the Trustees of the city property, original proprietors, and wher persons who conceive themselves injured by the 7th CON.-16 H. of R. several alterations which, from time to time, have been made in the plan of the city; and, having adjusted the same, that he be, and he is hereby, requested to endeavor to procure from the trustees aforesaid, a conveyance to the United States of the streets, squares, and other public grounds therein. "Resolved, That the President of the United States be, and he is hereby, requested to cause to be prepared and laid before Congress, for their sanction, a plan of the City of Washington, conforming, as nearly as may be, to the original design thereof, except where, in conseindividuals, the principles of justice, and the manifest quence of the alterations made in the same, the rights of interest of the United States, may require a deviation." Mr. DENNIS, Mr. JOHN TALIAFERRO, Jr., Mr. GRISOrdered, That the said motion be referred to WOLD, Mr. SPRIGG, and Mr. DAWSON; to examine and report their opinion thereupon to the House. The House resolved itself into a Committee of the whole House on the engrossed bill to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, entitled "An and tonnage ;" and, after some time spent therein, act to regulate the collection of duties on imports the Committee rose and reported their agreement to the amendment proposed by the Committee of Commerce and Manufactures thereupon; which was again read, and, on the question put thereupon, agreed to by the House; and the bill, with the amendment, was ordered to be engrossed, and read the third time on Monday next. The House resolved itself into a Committee of the whole House on the bill for the relief of Isaac Zane; 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 from the farther consideration thereof; and that the said bill be recommitted to Mr. JACKSON, Mr. FEARING, Mr. VAN HORNE, Mr. DAVIS, and Mr. BAYARD. Mr. RANDOLPH, from the Committee of Ways and Means, presented a bill making certain partial appropriations for the year one thousand eight hundred and two; which was twice read and committed to a Committee of the whole House on Monday next. On motion, of Mr. GILES, it was Resolved, That the committee to whom was referred a Message from the President of the United States, of the eleventh ultimo, accompanying a memorial and letter to him, from the Commissioners of the City of Washington. be instructed to inquire into the expediency of discontinuing the offices of the Commissioners of the said city; and to report by bill or otherwise. MONDAY, February 8. An engrossed bill to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, entitled "An act to regulate the collection of duties on imports and tonnage," was read the third time. |