FEBRUARY, 1804.

Importation of Slaves.

H. of R.

by an act of limitation. I beg pardon of the House for this deviation from the subject under consideration. While I am up, I beg the indulgence of the House to permit me to relate to the House what I beheld on the road to the seat of Government-twenty or thirty negroes, chained to each other, and drove like mules to market. I asked the gentleman who appeared to have charge of them, if they were criminals? He answered with a smile, No sir; they have been sold. Sir, this awful sight gave me such sensations and emotions, that it is painful to relate and not easy to describe them. Sir, if I have been compelled, in the discharge of the duty I owe to society and my constituents, to make any remarks that have wounded the feelings of any honorable gentleman who may differ with me in sentiment, I regret it much, as I am conscious it was far from my intention. I shall give my vote for the resolution.

The State of Rhode Island, from whence I came, passed a law declaring negro children born posterior to 1784, as free as white children. Mr. Speaker, I mention this statute merely to obviate the erroneous impression, that otherwise, might be made with a view to mislead the public mind, that the citizens of Rhode Island are disposed to favor the villanous traffic. I wish not to egotize, but I can assure the House this traffic has been abhorrent to me upwards of forty years, and if I should live to see 1808-that auspicious period in our national compact which shall be exonerated from the tragic feature that has cast a shade on that valuable instrument-if the important acquisition of Louisiana gave ample cause for festivity, still greater cause shall we have when the glorious period shall arrive of 1808. That shall be my jubilee.

whose late conduct has created serious and well the veteran, war-worn old soldier, who is now lanfounded alarm. It is a duty I owe to my con-guishing in misery, and whose just claim is barred stituents and myself not to connive at a measure that, in my humble opinion, goes to shake the pillars of public security, and threatens corruption to the morals of our citizens, and tarnishes the American character. Sir, while I deprecate the repeal of the non-importation act of South Carolina, I console myself with the pleasing expectation that the State will retract the error they have recently and unguardedly fallen into, and I can not doubt but the honorable members from that State, on this floor, will lend their aid to effect so desirable a measure-to enact again the prohibitory statute. We are told if the House adopt the resolution, it will irritate South Carolina, notwithstanding the opposers of the resolution confess the impolitic conduct of South Carolina. I wish not to offend any of our sister States, much less, that important State whose wisdom, virtue, and patriotism, have been conspicuous on every other occasion. The opposers of the resolution inform us its adoption will both encourage and sanction the importation, and that they have a Constitutional right to import until 1808. I grant it, but I hope better things of that State; and things that accompany reformation. She has recently, with other States, emancipated herself from tyranny and oppression, and will she sully her fair fame by commencing tyrant herself? Sir, the speakers from the State of South Carolina, and particularly the honorable member who of fered a resolution as a substitute for the one under consideration, delivered himself in sentiments of the most admirable humanity, and constitutional love and zeal for his country; and if he were a member from any other State in the Union, I should have the honor, I make no doubt, of voting with him for the resolution on your table. Sir, I am sensible the General Government cannot pro- Mr. SOUTHARD observed that the object contemhibit the traffic previous to the year 1808. This plated to be answered by the rising of the Comis one of the most humiliating concessions made mittee was to give an opportunity to the Legislaby that venerable Convention which framed the ture of South Carolina to repeal the law admitConstitution, and we are bound by it. I ask, is ting the importation of slaves. He was opposed the policy of the measure embraced by the reso-to the rising of the Committee for this reason. He lution sound? I believe it is. I consider slaves a luxury-they are considered by the Constitution, three-fifths of them, to give a Representative, and I ask why not tax them? It is a sound maxim that representation and taxation should go hand in hand. To lay a tax being the only Constitutional power the General Goverment possesses, I think it good policy to exercise it. It is the opinion of some gentlemen, and of the honorable gentleman before me, whose sound judgment and correctness I highly approve on most occasions. that the tax is of little consideration in point of revenue. I beg leave to differ from them, when I take into consideration the wish of many influential characters to emigrate to our newly acquired territory, and carry with them slaves almost without number. We may fairly calculate that the probable number imported will not be less than one hundred thousand a year for four years, which will bring a revenue of four million of dollars; and this sum may be appropriated to remunerate

believed the House proceeding to act upon the resolution would have a much greater influence upon that State. For he did presume that the House would agree to the resolution, and to a law founded upon it; and he also believed that if they proceeded to this extent, the Legislature of South Carolina would be most likely to be induced from that very circumstance to repeal the law. We are told that a number of the citizens of that State are opposed to the law, and every representative of South Carolina on this floor regrets its passage. Mr. S. said he believed almost every member of the House was of this opinion. If then we shall dismiss this resolution, what effect will the act have on the whole United States? Will it not convey the idea that the Congress of the United States do not consider the introduction of slaves into the country a real evil? For this, Mr. S. said, he was opposed to the rising of the Committee, as it would prevent the House from declaring their sentiments on so important a question. He did

H. OF R.

Importation of Slaves.

FEBRUARY, 1804.

not so much regret the introduction of the reso- The question was then taken on the postponelution as some gentlemen who had spoken. He ment, by yeas and nays, and passed in the negative rather rejoiced at it, as it gave the National Legis--yeas 54, nays 62, as follows. lature an opportunity to bear their opinion against the increase of the slaves in the United States. Mr. S. said he avoided intentionally saying anything on this occasion as to the right of holding slaves already in the country; meaning to confine his remarks entirely to the impolicy and injustice of allowing new importations of them. And he was surprised, after the exposure of the evils likely to ensue from it, gentlemen still opposed the resolution. Let them look forward to what may happen before the four years shall elapse when we may make the importation a capital offence; and consider how large a number may be previously introduced. Mr. S. said he did not consider the resolution important so far as it went to raise revenue; but if any State would encourage the traffic, he thought they ought to be made to pay for it. Mr. SLOAN declared himself against the proposed postponement, which was supported on the supposition that South Carolina would repeal the law allowing the importation of slaves, a supposition which might prove illusory. Even should the law be repealed, he saw no injury that would result from passing the resolution. Should the law not be repealed, it was extremely probable that a very large importation would take place-at least a hundred thousand might be introduced, the evil of which to the United States would be incalculable. Mr. S. said that, in his humble opinion, to pass over the business would be to create the appearance throughout the Union that Congress were disposed to sanction this traffic. He should, therefore, vote against the Committee rising.

After a few further remarks, by Mr. HUGER and Mr. LUCAS, the question was taken on the rising of the Committee, and passed in the negative-yeas 58, nays 60. When the resolution was agreed to. The Committee rose and reported their agreement to the resolution, which the House immediately took into consideration.

Mr. WINN moved to postpone the further consideration of the resolution till the first Monday in January, and required the yeas and nays.

Mr. J. CLAY said, as it was probable that he should vote for the postponement, it was proper to assign the reasons which decided his vote. From information given to the House during the present discussion, it appeared that considerable agitation existed on the subject of the law admitting the importation of slaves in the State of South Carolina. As there appeared to be considerable irritation in the State, the interposition of the House might frustrate its repeal. From the ideas of the representatives of that State, it was probable that, on fuller reflection; the Legislature would repeal this act. If, after an opportunity was given them, they should not repeal it, he should certainly vote for the resolution. But wishing to prevent the traffic, rather than to raise revenue, he should vote for the postponement.

Mr. LUCAS, Mr. SLOAN, and Mr. STANTON, Concisely opposed the postponement, and Mr. CLAIBORNE supported it..

YEAS-Willis Alston, jun., Nathaniel Alexander,
George Michael Bedinger, Silas Betton, William Black-
ledge, Walter Bowie, John Boyle, William Butler,
John Campbell, Levi Casey, Thomas Claiborne, Joseph
Clay, Jacob Crowninshield, Richard Cutts, Samuel W.
Dana, John Davenport, John Dawson, William Dick-
son, Thomas Dwight, John B. Earle, Peter Early, James
Elliot, William Eustis, John Fowler, Edwin Gray,
Andrew Gregg, Roger Griswold, Samuel Hammond,
Wade Hampton, Seth Hastings, Joseph Heister, James
Holland, Benjamin Huger, Michael Leib, Thomas
Lowndes, Matthew Lyon, Andrew McCord, David Me-
riwether, Thomas Moore, Joseph H. Nicholson, Thomas
Plater, John Randolph, John Rhea of Tennessee, Thos.
James Stephenson, Samuel Tenney, Samuel Thatcher,
Sandford, Tompson J. Skinner, John Cotton Smith,
Killian K. Van Rensselaer, Daniel C. Verplanck, Lem-
uel Williams, Richard Winn, and Thomas Wynns.
NAYS-Isaac Anderson, John Archer, Simeon Bald-
win, David Bard, Adam Boyd, Robert Brown, Joseph
Bryan, William Chamberlin, Clifton Claggett, Matthew
Clay, Frederick Conrad, Ebenezer Elmer, John W.
Eppes, William Findley, James Gillespie, Peterson
Goodwyn, Gaylord Griswold, John A. Hanna, William
Helms, William Hoge, David Holmes, David Hough,
John G. Jackson, Walter Jones, William Kennedy,
Nehemiah Knight, Joseph Lewis, jr., Henry W. Liv
ingston, John B. C. Lucas, William McCreery, Samuel
L. Mitchill, Nicholas R. Moore, Jeremiah Morrow,
Anthony New, Thomas Newton, jr., Gideon Olin, Be
Cæsar A. Rodney, Erastus Root, Thomas Sammons,
riah Palmer, Thomas M. Randolph, Jacob Richards,

Smith of New York, John Smith of Virginia, Henry
Stewart, Samuel Taggart, Philip R. Thompson, Abram
Southard, Richard Stanford, Joseph Stanton, John
Trigg, John Trigg, Philip Van Cortlandt, Isaac Van
Horne, Joseph B. Varnum, Peleg Wadsworth, Matthew
Walton, Marmaduke Williams, and Joseph Winston.

Ebenezer Seaver, James Sloan, John Smilie, John

House do agree to the said resolution, as amended
And then the main question being taken that the

to read as follows:

Resolved, That a tax of ten dollars be imposed on every slave imported into any part of the United States: It was resolved in the affirmative-yeas 71.

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

THURSDAY, February 16.

The House went into a Committee of the Whole on the bill to amend the charter of Alexandria.

After undergoing several amendments the bill was reported to the House.

On motion of Mr. EPPES, an amendment was made-ayes 49, noes 39-by which every freeholder is made eligible as a member of the Common Council, instead of only such freeholders as are worth five hundred dollars.

Ou motion of Mr. LEIB, the bill was so amended as to make every freeholders eligible as Mayor,

instead of requiring a freehold estate of one thousand dollars-ayes 47, noes 36.

The bill was then ordered to be engrossed and read a third time to-morrow.

The House resolved itself into a Committee of the Whole on the bill in addition to "An act to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary war;" and, after some time spent therein, the bill was reported without amendment, and the farther consideration thereof postponed until to-morrow. Mr. JOHN RANDOLPH, from the Committee of Ways and Means, presented a bill laying a duty on slaves imported into the United States; which was read twice and committed to a Committee of the Whole House.

H. OF R.

the compensations of the officers of the customs; and to report thereon by bill, or otherwise.

Mr. ALSTON, from the committee appointed on the fourteenth instant, presented a bill declaring the assent of Congress to an act of the General Assembly of the State of North Carolina; which was read twice and committed to a Committee of the Whole House on Monday next.

Mr. CLAIBORNE, from the committee appointed on the twenty-first of December last, presented a bill making farther provision for extinguishing the debts due from the United States; which was read twice and committed to a Committee of the Whole House on Monday next.

A petition of Moses White and Charlotte Hazen, executor and executrix of the last will and testament of Moses Hazen, deceased, a Brigadier Gen

And on motion, the House adjourned until to- eral in the Army of the United States, during the

morrow.

FRIDAY, February 17.

Memorials of JOHN P. VAN NESS, and others, inhabitants of the city of Washington, in the District of Columbia, and residing on the west side of Tiber creek, in opposition to the prayer of sundry petitions lately presented to this House, "that Congress will, by law, authorize the establishment of a company for the purpose of building a bridge over Potomac river, from the western and southern extremity of the Maryland avenue, in the city of Washington, to the nearest and most convenient point of Alexander's island, in the said river," were presented to the House, and referred.

Ordered, That the committee appointed, on the seventh instant, "to inquire into the expediency of providing by law against the appointment of Judges of the Courts of the United States to other offices under the Government," have leave to report by bill, or bills, or otherwise.

Mr. LEIB, from the committee last mentioned, presented, according to order, a bill more effectually to secure the independence of the Judges of the Courts of the United States; which was read twice and committed to a Committee of the Whole House on Monday next.

Resolved, That a committee be appointed to prepare a bill for altering the days of session of the Federal District Court for the district of Virginia.

Ordered. That Mr. NEWTON, Mr. LOWNDES, and Mr. GEORGE W. CAMPBELL, be appointed a committee, pursuant to the said resolution.

Revolutionary war with Great Britain, was presented to the House and read, praying to be indem nified for the losses sustained by the deceased, on account of relinquishing his half pay as a British officer, and adhering to the American cause; to which indemnification the petitioners conceive the legal representatives of the deceased are justly entitled, by a resolution of Congress, under the former Government, of the twenty-second day of January, one thousand seven hundred and seventysix.-Referred to the Committee of Claims.

Also a petition of Henry Lenhart, the elder, of the city of Baltimore, in the State of Maryland, was presented to the House and read, praying relief against a judgment recovered against him in the Circuit Court of the United States in the district of Maryland, and execution issued thereon, in the case of a bond given by the petitioner, some time in the month of October, in the year one thousand seven hundred and ninety-eight, as one of the securities for a certain John Holmes, part owner, and William Smith, captain of a schooner, called the Active, bound from the port of Baltimore to the West Indies, with condition that the said John Holmes and William Smith should not, during the voyage aforesaid, violate the law prohibiting the intercourse between the United States and France, and the dependencies thereof.-Referred to the Committee of Claims.

A Message was received from the President of the United States, transmitting information in relation to the public lands in the neighborhood of Detroit.

The Message was read, and, together with the papers, referred to the committee appointed on the A memorial of sundry merchants of the city and twenty-second of November last, who were directState of New York, was presented to the House ed by a resolution of this House, of the twentyand read, praying that such further encourage-fourth of the same month, "to inquire into the exment may be given for carrying on the fisheries of the United States, as to the wisdom of Congress shall be deemed reasonable and proper.

Ordered, That the said memorial be referred to Mr. HUGER, Mr. BISHOP, Mr. GRAY, Mr. CLAGGETT, and Mr. RHEA, of Tennessee; to examine and report their opinion thereupon to the House. Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the propriety of amending the laws establishing

pediency of amending the several acts providing for the sale of the public lands of the United States."

Mr. NICHOLSON, from the committee appointed, on the thirty-first ultimo, presented a bill supplementary to the act, entitled "An act providing for a Naval Peace Establishment, and for other purposes;" which was read twice and committed to a Committee of the Whole House on Monday next. Mr. NICHOLSON, from the committee to whom

H. OF R.

Indiana Territory-Importation of Slaves.

were referred, on the twenty-first of December, one thousand eight hundred and three, and the twenty-fourth ultimo, the several petitions of Marcella Stanton, of Ann Alricks, and of Judith Crow, (late Judith Sayse,) of the District of Columbia, made a report thereon; which was read and considered: Resolved, That the District Court of the District of Columbia ought to be invested with a power to grant divorces, in certain cases.

Ordered, That a bill, or bills, be brought in pursuant to the said resolution: and Mr. NICHOLSON, Mr. ROGER GRISWOLD, Mr. WINN, Mr. DAWSON, and Mr. SMILIE, do prepare and bring in the

same.

An engrossed bill to amend the charter of Alexandria was read the third time, and passedayes 79.

Previously to its passage Mr. SLOAN spoke against it, principally on account of the restriction of the right of suffrage to freeholders.

INDIANA TERRITORY.

Mr. RODNEY, from the committee to whom were referred a letter from William Henry Harrison, President of the Convention of the Representatives of the people of the Indiana Territory; also a memorial and petition from the said Convention, together with the report of a former committee on the same subject at the last session of Congress, made the following report:

That, taking into their consideration the facts stated in the said memorial and petition, they are induced to believe that a qualified suspension for a limited time of the sixth article of compact between the original States and the people and States west of the Ohio river, might be productive of benefit and advantage to the said Territory.

FEBRUARY, 1804.

extinguishment of the Indian title to certain lands, has been happily accomplished; whilst the salt spring below the mouth of the Wabash river has also been placed in a situation to be productive of every reasonable advantage.

After a careful review, and an attentive consideration of the various subjects contemplated in the memorial and petition, the committee respectfully submit to the House the following resolutions, as embracing all the objects which require the attention of Congress at this period:

Resolved, That the sixth article of the ordinance of 1787, which prohibited slavery within the said territory, be suspended in a qualified manner for ten years, so as to permit the introduction of slaves born within the United States from any of the individual States: Provided, That such individual State does not permit the importation of slaves from foreign countries: And provided further, That the descendants of all such slaves shall, if males, be free at the age of twenty-five years, and if females at the age of twenty-one years.

2. Resolved, That every white free man, of the age of twenty-one years, who has resided within the territory two years, and within that time paid a territorial tax which shall have been assessed six months before the election, shall enjoy the right of an elector of members of the General Assembly.

3. Resolved, That in all cases of sales of land within the Indiana Territory, the right of pre-emption be given to actual settlers on the same.

4. Resolved That the Secretary of the Treasury be, made of the number and extent of the claims to lands and he is hereby, required to cause an estimate to be under the resolution of Congress of the 29th of August, 1788, and the law of the 3d of March, 1796, and to lay the same before this House.

5. Resolved, That provision, not exceeding one thirty-sixth part of the public lands within the Indiana within the same. Territory, ought to be made for the support of schools

6. Resolved, That it is inexpedient to grant lands to individuals for the purpose of establishing houses of entertainment, and opening certain roads.

They do not conceive it would be proper to break in upon the system adopted for surveying and locating public lands, which experience has proved so well calculated to promote the general interest. If a preference be given to particular individuals in the present 7. Resolved, That it is inexpedient at this time to instance, an example will be set by which future claim-vest in the Legislature of Louisiana Territory the salt ants will obtain the same privilege. The committee spring below the mouth of the Wabash river. are nevertheless of opinion, that after those lands shall have been surveyed, a certain number of townships should be designated, out of which the claims stated in the memorial ought to be satisfied; and that, for the encouragement of actual settlers, the right of pre-emption should be secured to them.

They consider the existing regulations contained in the ordinance for the government of the territory of the United States, which requires a freehold of fifty acres as a qualification for an elector of the General Assembly, as limiting too much the elective franchise. They conceive the vital principle of a free Government is, that taxation and representation should go together after a residence of a sufficient length to manifest the

intention of becoming a permanent inhabitant, and to evince, by conduct orderly and upright, that a person is entitled to the rights of an elector. This probationary period should not extend beyond two years.

It must be the true policy of the United States, with the millions of acres of habitable country which she possesses, to cherish those principles which gave birth to her independence and created her a nation by affording an asylum to the oppressed of all countries.

One important object desired in the memorial, the

8. Resolved, That compensation ought to be made to the Attorney General of the said Territory for services performed by him on behalf of the United States. The report was read and referred to a Committee of the Whole on Monday next.

IMPORTATION OF SLAVES.

The House resumed the consideration of the unfinished business of yesterday, viz: "What day should be made the order to the Committee of the Whole to consider the bill laying a tax of ten dollars upon every slave imported into the United

States."

eration of the bill should be postponed till the first Mr. LOWNDES moved that the further considMonday in December.

Mr. LOWNDES.-In moving a postponement of the bill to the first Monday in December next, my object is to get rid of it altogether. Gentlemen have supported the resolution upon which this bill is founded, upon such a variety of, and contradictory grounds, that their arguments are not very susceptible of a reply. I am, however, very