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MARCH, 1804.

Proceedings.

The Message was read, and ordered to lie on file.

SENATE.

Mr. COCKE notified the Senate that he should to-morrow ask leave to bring in a bill providing for the sale of the public lands in the district of New Orleans.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making provision for the The bill, entitled "An act granting further disposal of the public lands in the Indiana Terri-time for locating military land warrants, and for tory, and for other purposes," in which they desire other purposes," was read the third time, and the concurrence of the Senate. passed.

The bill was read, and ordered to the second reading.

The bill, entitled "An act making an appropriation for defraying the expenses incurred in inquiring into the official conduct of Samuel Chase and Richard Peters, and in conducting the impeachment against John Pickering," was read the third time as amended; and,

Resolved, That this bill pass with an amend

ment.

The bill, entitled "An act for the relief of the sufferers by fire in the town of Norfolk," was read the third time, and passed.

The Senate resumed the third reading of the bill, entitled "An act altering the sessions of the district courts of the United States for the district of Virginia and Rhode Island;" and, having amended the bill,

Resolved, That this bill pass as amended.
The Senate took into consideration the amend-

The Senate took into consideration the amendments reported by the committee to the bill, enments reported by the committee to the bill making compensation to the militia of Tennessee who marched to Natchez under the command of Col. George Doherty; and having considered some of the amendments,

Ordered, That the further consideration thereof be postponed until to-morrow.

Mr. ISRAEL SMITH gave notice that he would, to-morrow, ask leave to bring in a bill altering the time for the next meeting of Congress.

FRIDAY, March 16.

Mr. TRACY, from the committee to whom was referred, on the 29th of February last, the bill, entitled "An act for the relief of George Lee Davidson," reported it without amendment.

The bill, entitled "An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes," was read the second time.

Ordered, That it be referred to Messrs. BRADLEY, TRACY, BALDWIN, JACKSON, and SAMUEL SMITH, to consider and report thereon to the Senate.

The bill to amend an act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of President and Vice President, was read the third time.

Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act supplementary to the act, entitled 'An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of President and Vice President," The Senate resumed the third reading of the bill, entitled "An act to authorize the Courts of the United States to appoint Commissioners to take depositions of witnesses out of Court, to administer oaths to appraisers, and for other purposes ;" and, on motion, the bill was amended;" the question to agree to the final passage of the bill, as amended, passed in the negative-so the bill was lost.

titled "An act to alter and establish certain post roads, and for other purposes ;" and they were amended, and, together with other amendments, adopted; and,

Ordered, That the bill pass to the third reading as amended.

A message from the House of Representatives informed the Senate that the House disagree to the amendment of the Senate to the bill, entitled "An act making an appropriation for defraying the expenses incurred in inquiring into the official conduct of Samuel Chase and Richard Peters, and in conducting the impeachment against John Pickering." The House of Representatives have passed a bill, entitled "An act in addition to an act, entitled 'An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on the subject;" a bill, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States;" a bill, entitled "An act concerning the public buildings at the City of Washington;" a bill, entitled "An act for the relief of the heirs of John Habersham;" and a bill, entitled "An act for the relief of the legal representatives of David Valenzin, deceased, and for other purposes;" in which bills they desire the concurrence of the Senate.

The five last mentioned bills were read, and ordered to the second reading.

The Senate took into consideration the resolution of the House of Representatives disagreeing to the amendment to the bill, entitled "An act making an appropriation for defraying the expenses incurred in inquiring into the official conduct of Samuel Chase and Richard Peters, and in conducting the impeachment against John Pickering;" and

Resolved, That they do recede from said amendment.

Agreeably to notice given yesterday, Mr. IsRAEL SMITH asked and obtained leave to bring in a bill altering the time for the next meeting of Congress; which was read, and ordered to the second reading.

Mr. WRIGHT gave notice that to-morrow he would move for leave to bring in a bill for the

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temporary removal of the seat of Government to the city of Baltimore.

Mr. LOGAN gave notice that he should to-morrow ask leave to bring in a bill for the relief of Philip Sloane.

SATURDAY, March 17.

Mr. JOHN SMITH, of Ohio, presented the memorial of James Sutton, holding lands under John C. Symmes, and praying to be enabled to perfect his title thereto, as stated at large in his petition; which was read; and,

Ordered, That it be referred to the committee appointed on the 15th instant, on the bill, entitled "An act making provision for the disposal of the public lands in the Indiana Territory, and other purposes," to consider and report thereon.

Mr. BRECKENRIDGE presented the petition of Perez Morton and others, agents for sundry claimants of lands south of the State of Tennessee, and west of the State of Georgia, praying the attention of Congress to their claims, and that they may be confirmed in their titles to the premises, for reasons mentioned in their petition; which was read; also, similar petitions, signed by James Strawbridge, and Thomas Young, by his attorney, John Thomas Mason, were presented by Mr. ANDERSON, and read.

Ordered, That they lie on the table.

Mr. BRADLEY, from the committee to whom was referred, on the 16th of December last, a bill to make further appropriations for the purpose of extinguishing the Indian claims im the State of Tennessee and Kentucky, reported amendments, which were read.

Ordered, That they lie for consideration.

Agreeably to notice given yesterday, Mr. WRIGHT asked and obtained leave to bring in a bill for the temporary removal of the seat of Government to the city of Baltimore; and the bill was read.

MARCH, 1804.

service, and by order of the Lieutenant Colonel commandant of Engineers at West Point;" And the report was adopted.

On motion by Mr. COCKE, that it be

Resolved, That a committee be appointed to bring in a bill to authorize the President of the United States to appoint Commissioners to inquire and report to the next session of Congress, what lands in Louisiana have been granted, by legal authority, prior to the — day of

It was determined in the negative.

The bill altering the time for the next meeting of Congress was read the second time, and ordered to the third reading.

The bill, entitled 'An act in addition to an act, entitled 'An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," was read the second time, and referred to Messrs. TRACY, BALDWIN, and BRECKENRIDGE, to consider and report thereon to the Senate.

Ordered, That the committee appointed to take into consideration the petitions of John Crouse, Christian Vangundy, and others, be discharged, and that their several petitions be referred to the committee appointed on the 16th instant, to whom was referred the bill, entitled "An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes," to consider and report thereon."

The bill, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States," was read the second time, and ordered to the third reading.

The bill, entitled "An act concerning the public buildings at the city of Washington," was read the second time, and referred to Messrs. JACKSON, WRIGHT, and S. SMITH, to consider and report

thereon.

heirs of John Habersham," was_read the second The bill, entitled "An act for the relief of the Ordered, That it pass to the second reading. time, and referred to Messrs. BALDWIN, BRADAgreeably to notice given yesterday, Mr. Lo-LEY, and ARMSTRONG, to consider and report GAN asked and obtained leave to bring in a bill for the relief of Philip Sloane; and the bill was read, and ordered to the second reading.

The Senate resumed the consideration of the report of the committee, made on the 8th instant, on the petition of William A. Barron, which was read, as follows:

"That the said William A. Barron, having performed the journeys referred to in his said petition, on public service, and under the orders of his commanding officer, it appears reasonable to the committee that the account of his traveling expenses should be paid.

"But, with respect to the prayer for the allowance of extra rations, the committee are of opinion that this arrangement must rest with the proper Executive department, and is not a subject for the interference of the Legislature; they submit, therefore, the following

resolution:

thereon.

legal representatives of David Valenzin, deceased, The bill, entitled "An act for the relief of the time, and referred to Messrs. TRACY, S. SMITH, and for other purposes," was read the second and BRADLEY, to consider and report thereon.

The bill, entitled "An act to alter and establish certain post roads, and for other purposes," was read the third time as amended.

bill be postponed to Monday next.
Ordered, That the further consideration of this

A message from the House of Representatives informed the Senate that they have passed the bill, entitled "An act erecting Louisiana into two Territories, and providing for the temporary government thereof," with amendments, in which they desire the concurrence of the Senate.

The amendments to the bill last mentioned were read, and ordered to lie for consideration.

Resolved, That the accounting officers of the Treasury be authorized to adjust and settle the account of Mr. BALDWIN, from the committee to whom William A. Barron, Captain in the Corps of Engineers, was referred the bill, entitled "An act in addition for his travelling expenses, on two journeys, performed to an act to make provision for persons that have by him in September and October, 1802, on public | been disabled by known wounds received in the

MARCH, 1804.

Removal of the Seat of Government.

actual service of the United States during the Revolutionary war," reported amendments; which were read, and ordered to lie for consideration.

Mr. ADAMS, agreeably to the report of the committee this day appointed on the subject, brought in a bill for the relief of William A. Barron; which was read, and ordered to the second reading.

MONDAY, March 19.

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 agreed to,

Resolved, That this bill do pass as amended. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend the act, entitled 'An act concerning the registering and recording of ships and vessels," in which they desire the concurrence of the Senate.

Mr. JACKSON, from the committee to whom was referred, on the 17th instant, the bill, entitled "An act concerning the public buildings at the City of Washington," reported the bill without amend

ment.

The bill, entitled "An act supplementary to the act, entitled 'An act providing for a Naval Peace Establishment, and for other purposes," was resumed.

Ordered, That the consideration of this bill be further postponed.

The Senate resumed the second reading of the bill to erect a light-house at the mouth of the Mississippi river; and also a light-house at or near the Pitch of Cape Lookout, in the State of North Carolina; and, having agreed to sundry amendments, as reported by the committee on the 14th instant,

Ordered, That this bill pass to the third reading as amended.

The bill, entitled "An act to amend the act, entitled 'An act concerning the registering and recording of ships or vessels," was read and ordered to the second reading.

SENATE.

The bill authorizing the payment of two thousand eight hundred dollars to Philip Sloan was read the second time, and referred to Messrs. PICKERING, S. SMITH, and LOGAN, to consider and report thereon.

The bill for the relief of William A. Barron was read the second time.

Ordered, That it pass to the third reading. The bill, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States," was read the third time and passed.

Mr. BRECKENRIDGE gave notice that he should to-morrow ask leave to bring in a bill giving additional compensation to the Governor, Secretary, and Judges of the Indiana Territory.

SEAT OF GOVERNMENT.

The bill for the temporary removal of the seat of Government of the United States to the city of Baltimore was taken up for its second reading. The bill is as follows:

Be it enacted, &c., That, prior to the first Monday of November next, all offices attached to the seat of Government of the United States shall be removed to, and, until the first Monday in November, in the year eighteen hundred and shall remain in the city of Baltimore, in the State of Maryland, at which place the session of Congress next ensuing shall be held.

SEC. 2. And be it enacted, That the President appoint three Commissioners, who, or any two of whom, shall, under the direction of the President, be authorized to provide suitable buildings in the city of BaltiPresident, and for the public offices of the Government more, for the accommodation of Congress and of the

of the United States.

SEC. 3. And be it enacted, That all offices attached to the said seat of Government shall be removed thereto, by their respective holders, and shall, after the first Monday of November next, cease to be exercised elsewhere; and that, to defray the necessary expense of such removal and temporary residence, the President of the United States be authorized to accept such grants of money, lots, or buildings, as may be offered by the citizens of the United States for the same.

[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.]

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. He trusted and believed it would have that effect; and the operation of the postponement would, by hanging the bill over their heads, most powerfully tend to produce the desirable result of a concentration of the city, and an augmentation of accommodation.

Mr. JACKSON followed, and, in terms of appropriate 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

SENATE.

Removal of the Seat of Government.

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.

MARCH, 1804.

The question was then taken on the motion of postponement, and decided in the negative-yeas 3, nays 24, as follows:

YEAS-Messrs. I. 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, Sumner, 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 Gentlemen, in favor of this measure, should Government, to offer, in their name, the public know its cost. Already had the present seat of buildings in Trenton for their accommodation. Government, in its origination and consequences, He, therefore, gave notice that, in case the bill cost the nation the assumption of the State debts went to a third reading, he should produce his into the amount of twenty-one millions, and be- structions, and move the substitution of Trenton tween one and two millions for public accommo- in the room of Baltimore. At the same time, he dation. Would gentlemen be willing not only to was free to declare his opinion of the impolicy of lose all that had been expended, but likewise to the proposed measure. The provision of the Conindemnify the proprietors in the city, whose as-stitution had arisen from an experience of the nesessed 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?

cessity 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 de

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 proposi-clared this as his creed, he begged it to be undertion should ever again be brought before them.

stood that there were, in his opinion, some rightful Mr. ANDERSON declared himself hostile to the grounds of removal. There were four such, two postponement, as he was in favor of the passage of of which were the following: if the place should the bill, under certain modifications. He consider- be found a grave-yard for those who resided in it, ed Congress possessed the Constitutional power of or if the inconveniences of conducting the maaltering the seat of Government; and he believed, chine of Government should be so great as to prefrom an experience of the inconveniences attend- vent the due transaction of the public business. ing the existing seat, it was their duty to change For the existence of these, no fault could be atit. He allowed that, in such an event, an obliga- tached to the District. If, therefore, a removal tion would arise to indemnify the proprietors for took place on their account, Congress were bound the losses they would thereby sustain. This, how-to indemnify the proprietors. There were two other ever, 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 were necessary to accommodate the Government.

Mr. COCKE 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.

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, of 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. Mr. ADAMS strenuously contended against the D. said, it was not from any apprehension of their right of Congress to remove the seat of Govern- occurrence. On the contrary, he believed the Govment. To do so, would be to prostrate the na-ernment in perfect safety, and he was convinced, tional faith, and to shake the confidence of the if any hostile arm should be raised against it, the nation in the Government. He considered the inhabitants of Columbia would be ready to shed proposed measure as inexpedient as it was uncon- their blood in its defence. stitutional; as it tended directly to defeat the object of the mover.

Mr. S. SMITH said, he should vote in favor of 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.

Nothing could exceed his surprise at the motives expressed by the gentleman from Maryland for bringing forward this measure. He 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

MARCH, 1804.

Removal of the Seat of Government.

SENATE.

its allotted purpose; and that the honorable gentle-side of the Mississippi would pass that river, and man, instead of bringing forward this bill, would when the seat of Government would be translahave introduced one punishing with death the ted to its banks. Centuries would, however, man who should move a change of the seat of elapse before that period arrived. 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 section. Motion agreed to-ayes 14, noes 10.

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 posterity. The single question then is, whether less inconvenience will be produced by an immediate or a protracted removal. He was clearly of opinion that the inconvenience of removing, at this time, would be less than at a future day. He concluded by saying, that he should not, himself, have brought forward this measure at the present time. He would have waited for more conclusive proofs of the insuperable inconveniences attending a residence at this place, when opinions, at present variant, would be more united.

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 dullars 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. JACKSON remarked, that the gentleman from Tennessee ought, in forming his opinion of the constitutionality of removing the seat of Government, to attend as well to the laws passed by Congress on the subject, as to the provisions of the Constitution itself. [Mr. J. here read the article of the Constitution on the subject.] He said that, according to the rigid construction of this provision, it excluded altogether a temporary seat, after this part of the Constitution was 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 presumMr. JACKSON said, the gentleman from Penn-ed to be the best acquainted with the true meansylvania (Mr. MACLAY) had picked a hole in the ing of the Constitution. This act fixed a tempobill, 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 being friendly, in the first instance, to this measure, which might be called the hobby-horse of, perhaps, the most illustrious man that ever 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.

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

rary and a permanent seat of Government. [Mr. J. read it.] He then asked, can anything be more clear and explicit? Does it not show, in terms of unequivocal meaning, that it was the opinion of the men best qualified to decide, that the seat of Government, once fixed under the provision of the Constitution, must be permanent? It was not then imagined 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 wheelbarrow 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 tempora

ry 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

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