SENATE. Removal of the Seat of Government. permanent seat. This law, like other laws, was subject to repeal. MARCH, 1804. that Congress could not, consistently, remove in Mr. DAYTON replied to some of the remarks made in the course of the debate, principally for the purpose of explaining his previous observations. When the question was taken, on ordering the bill to a third reading, and passed in the negative-yeas 9, nays 19, as follows: YEAS-Messrs. Anderson, Armstrong, Breckenridge, Bradley, Maclay, Plumer, Stone, Tracy, and Worthington. Mr. ADAMS wished, on this subject, to be explicit. He asked what was the meaning of the article of the Constitution on this point, and all the laws of Congress passed under it? From the formation of the Constitution until the removal of the Government to this place, but one sentiment had existed, which was, that the seat of the Government once fixed under the Constitution, became the permanent seat. As to the idea of the gentleman from Maryland, who says this is the permanent seat while Congress are going from one place to another, he could not understand it. The Constitution says, the place fixed on by Congress, on the cession of jurisdiction by the States, shall be the seat of Government. The idea of a temporary seat implies, necessarily, two seats of Government. But the expression in the Constitution is "seat," and that implies only one seat. The reason of this provision of the Constitution is obvious. As the gentleman from Georgia has very justly observed, the Government had been driven from post to pillar. The question, what place should be the seat of Government, had never presented itself without enkindling violent feelings; and it was supposed that the question would continue to distract our public councils, until some permanent seat of Government was fixed. To carry this into effect, the Constitution interposed, and said, ten miles square shall be given to Congress, where their power shall be sovereign, and that shall be the seat of Government. Why give this exclusive legislation, if their residence is not to be permanent? Would it not be the acme of the ridiculous, for Congress to go to Philadelphia, and still continue to exercise exclusive legislation here? Let us now turn to the acts of Congress, and the proceedings had under them. [Mr. A. here read the act of Congress fixing the seat of Government.] It will appear that it was the intention of Congress that this should be the permanent seat of the Government, from the public buildings erected. Thus much as to the understanding of the Government. Now, as to the meaning of Maryland and Virginia, who gave up the territory, and also gave considerable sums of Mr. BALDWIN, from the committee to whom was money for its improvement. Could this have pos-referred, on the 17th instant, the bill, entitled "An sibly been done under the contemplation that Con-act for the relief of the heirs of John Habersham," gress would come here, and, after staying three reported the bill with amendments. or four years, run off to different quarters of the Union? NAYS-Messrs. Adams, Baldwin, Cocke, Dayton, Franklin, Hillhouse, Jackson, Logan, Nicholas, Olcott, Pickering, I. Smith, S. Smith, J. Smith, of Ohio, J. Smith, of New York, Sumter, Venable, White, and Wright. So the bill was lost. TUESDAY, March 20. Agreeably to notice, Mr. BRECKENRIDGE asked and obtained leave to bring in a bill giving additional compensation to the Governor, Secretary, and Judges of the Indiana Territory; and the bill was read and ordered to the second reading. Mr. MACLAY gave notice that he should to-morrow ask leave to bring in a bill to provide for a more extensive distribution of the laws of the United States. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of the legal representatives of the late General Moses Hazen," in which they desire the concurrence of the Senate. The bill last mentioned was read and ordered to the second reading. Now then, after this uniform opinion, entertained by Congress, by the States of Maryland and Virginia, and by every man who has expressed an opinion on the subject, until within a few years past, are we to be told that it is possible to give a different construction to the Constitution? Mr. TRACY, from the committee to whom was If anything can fix a meaning to words, every-referred, on the 17th instant, the bill, entitled "An thing which has occurred to this day, unites to decide this the permanent seat of the Government. These, said Mr. A., are my ideas. On the ground of expediency, if it were admitted as applicable to the present question, I would not undertake to say whether this is the most proper place for the residence of the Government. Nor will I say act for the relief of the legal representatives of David Valenzin, deceased, and for other purposes," reported the bill without amendment. The Senate took into consideration the amendments of the House of Representatives to the bill, entitled "An act erecting Louisiana into two Territories, and providing for the temporary govern ment thereof;" and on the question to agree to the amendment of the fourth section, as follows: Section 4th-strike out the whole of the section, and, in lieu thereof, insert a new section, in the words following, to wit: SEC. 4. The Legislative powers shall be vested in the Governor, and in thirteen of the most fit and discreet persons of the Territory, to be called the Legislative Council, who shall be appointed by the President of the United States from among those holding real estate therein, and who shall have resided one year, at least, in the said Territory, and hold no office of profit under the Territory, or the United States, to serve one year from the time of their appointment; and the said Legislative Council shall, at their first session, lay off or divide the said Territory into convenient counties or districts, and apportion among the said counties or districts, according to their respective numbers, the thirteen members of the said Legislative Council: the members of the Legislative Council shall, after the expiration of one year from the time of the appointment aforesaid, be chosen annually by all the free male white persons of the age of twenty-one years, who were resident in said Territory, on the 30th day of April, 1803, and who had been resident therein one whole year next before the election, on their producing satisfactory proof to the officers of the election that they have taken an oath of allegiance to the United States, agreeably to an act of Congress passed on the 14th day of April, 1802, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," and by citizens of the United States who may since that time have become residents in said Territory, or who may hereafter become residents, and who shall have resided therein one whole year, six months of that time next before the election, to be in the district or county in which he or they shall vote; and the Legislative Council, so chosen as aforesaid, shall have power to fix the times and places, and to determine the manner of holding the said elections, and to judge of the qualifications of the members, and the validity of their elections. But if any of the said districts or counties shall refuse or neglect to make such election for one month after the time appointed for holding the same, then the Governor with the Council, shall appoint a person or persons who shall reside within the district, and be qualified as aforesaid, to serve for the district or county so neglecting or refusing. The Governor, by and with the advice and consent of the Legislative Council, or a majority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their Legislative powers shall also extend to all the rightful objects of legislation; but no law shall be valid which is inconsistent with the Constitution and laws of the United States, or which shall lay any person under restraint, burden, or disability, on account of his religious opinions, professions, or worship; in all which he shall be free to maintain his own, and not be burdened for those of another. The Governor shall publish throughout the said Territory all the laws which shall be made, and shall, from time to time, report the same to the President of the United States, to be laid before Congress, which, if disapproved by Congress, shall, thenceforth, be of no force. The Governor or Legislative Council shall have no power over the primary disposal of the soil, nor tax the lands of the United States, nor to interfere with the claims to lands within the said Territory. The Governor shall convene and Sth CoN.-10 SENATE. prorogue the Legislative Council whenever he may deem it expedient. It shall be his duty to obtain all the information in his power in relation to the customs, habits, and dispositions of the inhabitants of the said Territory, and communicate the same, from time to time, to the President of the United States: It passed in the negative-yeas 6, nays 22, as follows: YEAS-Messrs. Anderson, Breckenridge, Cocke, Maclay, Israel Smith, and Worthington. NAYS-Messrs. Adams, Armstrong, Baldwin, Bradley, Dayton, Ellery, Franklin, Hillhouse, Jackson, Logan, Nicholas, Olcott, Pickering, Plumer, John Smith of Ohio, John Smith of New York, Samuel Smith, Sumter, Tracy, Venable, White, and Wright. the amendment to the fourteenth section, as folOn the question to agree to the amendment to lows: "Section 14, line 1, after the words and be it further enacted,' insert the following words: That all grants for lands within the territories ceded by the French Republic to the United States by the treaty of the 30th of April, in the year 1803, the title whereof was, at the date of the treaty of St. Ildefonso, in the Crown, Government, or nation, of Spain, and every act and proceeding subsequent thereto, of whatsoever nature, towards the obtaining any grant, title, or claim, to such lands, and under whatsoever authority transacted or pretended, be, and the same are hereby declared to be, and have been from the beginning null, void, and of no effect in law or equity; and ;" It passed in the negative-yeas 1, nays 27, as follows: YEA-Mr. Wright. NAYS-Messrs. Adams, Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Cocke, Dayton, Ellery, Franklin, Hillhouse, Jackson, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Israel Smith, John Smith of Ohio, John Smith of New York, Samuel Smith, Stone, Sumter, Tracy, Venable, and Worthington. And having agreed to the amendment to the fifteenth section; and, also, to that of the sixteenth section with an amendment Resolved, That the Senate disagree to all the other amendments to the said bill. Mr. JACKSON, from the committee appointed on the subject, reported a bill for the relief of Moses Young; which was read and ordered to the second reading. Mr. PICKERING from the committee to whom was referred, on the 19th instant, the bill authorizing the payment of $2.800 to Philip Sloan, reported the bill without amendment. The bill to erect a light-house at the mouth of the Mississippi river; and, also, a light-house on of North Carolina, was read the third time as or near the Pitch of Cape Lookout, in the State amended, and passed. The bill altering the time for the next meeting of Congress was read the third time. Ordered, That the further consideration thereof be postponed until to-morrow. The bill, entitled "An act to amend the act, entitled 'An act concerning the registering and recording of ships and vessels," was read the second time and referred to Messrs. SAMUEL SMITH, ARM STRONG, and BALDWIN, to consider and report thereon to the Senate. The bill for the relief of William A. Barron was read the third time and passed. The Senate took into consideration the amendments reported by the committee to the bill to make further appropriations for the purpose of extinguishing the Indian claims in the States of Tennessee and Kentucky; and having agreed to one, and disagreed to all the other amendments reported, Ordered, That the bill pass to the third reading as amended. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: I communicate to Congress a letter from Captain Bainbridge, commander of the Philadelphia frigate, informing us of the wreck of that vessel on the coast of Tripoli, and that himself, his officers, and men, had fallen into the hands of the Tripolitans. This accident renders it expedient to increase our force and enlarge our expenses in the Mediterranean beyond what the last appropriation contemplated. I recommend, therefore, to the consideration of Congress, such an addition to that appropriation as they may think the exigency requires. TH. JEFFERSON. MARCH 20, 1804. MARCH, 1804. LAY asked and obtained leave to bring in a bill to provide for a more extensive distribution of the laws of the United States; and the bill was read, and ordered to the second reading. The bill to make further appropriations for the purpose of extinguishing the Indian claims in the States of Tennessee and Kentucky, was read the third time; and, on motion to amend the bill, by striking out the words, "their claims in the States of Tennessee and Kentucky," and inserting in lieu thereof, "any Indian claims to any lands lying within the limits of the United States;" it passed in the affirmative-yeas 16, nays 7, as follows: YEAS-Messrs. Adams, Armstrong, Baldwin, Brad. ley, Dayton, Logan, Nicholas, Pickering, Israel Smith, John Smith of New York, Samuel Smith, Stone, Sumter, Tracy, White, and Wright. NAYS-Messrs. Anderson, Breckenridge, Cocke, Franklin, Maclay, John Smith of Ohio, and Worthington. So it was Resolved, That this bill do pass, that it be engrossed, and that the title thereof be “An act to make further appropriations for the purpose of extinguishing the Indian claims." A message from the House of Representatives informed the Senate that the House agree to some and disagree to other amendments of the Senate to the bill, entitled "An act to alter and establish The Message and papers therein referred to were certain post roads, and for other purposes." read, and ordered to lie for consideration. WEDNESDAY, March 21. The Senate resumed the second reading of the bill making compensation to the militia of Tennessee who marched to Natchez under the comMr. BRADLEY, from the committee to whom mand of Colonel George Doherty;" and on the was referred, on the 16th instant, the bill, entitled question to agree to the third reading of this bill it "An act making provision for the disposal of the passed in the negative-yeas 10, nays 18, as follows: public lands in the Indiana Territory, and for other purposes;" reported amendments thereto; YEAS-Messrs. Anderson, Breckenridge, Cocke, Elwhich were read, and ordered to lie for consider-lery, Franklin, Maclay, Nicholas, Sumter, Venable, and Worthington. ation. Mr. S. SMITH from the committee to whom was referred, on the 20th instant, the bill, entitled "An act to amend the act, entitled 'An act concerning the registering and recording of ships and vessels," reported the bill amended. The bill for the relief of Moses Young was read the second time, and referred to Messrs. TRACY, BALDWIN, and JACKSON, to consider and report thereon to the Senate. The bill giving additional compensation to the Governor, Secretary, and Judges of the Indiana Territory, was read the second time, and ordered to the third reading. The Senate resumed the third reading of the bill altering the time for the next meeting of Congress, and Resolved, That this bill do pass, that it be engrossed, and that the title thereof be "An act altering the time for the next meeting of Congress." The bill, entitled "An act for the relief of the legal representatives of the late General Moses Hazen, was read the second time, and referred to Messrs. TRACY, ARMSTRONG, and BALDWIN, to consider and report thereon to the Senate. Agreeably to notice given yesterday, Mr. Mac-| The Senate resumed the second reading of the bill to amend the laws providing for the organiza-. tion of the accounting offices of the Treasury, War, and Navy Departments; and having amended the bill, Ordered, That it pass to the third reading as amended. The Senate took into consideration the resolution of the House of Representatives disagreeing to several of their amendments to the bill, entitled "An act to alter and establish certain post roads, and for other purposes ;" and, Resolved, That they insist on their first amendment disagreed to by the House of Representatives to the said bill, which amendment is to add a new section after the 3d section of the original bill, ask a conference thereon, and that Messrs. JACKSON and ANDERSON be managers at the same on their part, Resolved, That the Senate so far recede from their other amendments disagreed to by the House of Representatives, as to adopt their amendments to the amendments of the Senate. THURSDAY, March 22. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for imposing more specific duties on the importation of certain articles, and, also, for levying and collecting light-money on foreign ships or vessels," in which they desire the concurrence of the Senate. They insist on some and recede from other amendments disagreed to by the Senate to the bill, entitled "An act erecting Louisiana into two Territories and providing for the temporary government thereof," ask a conference on the disagreeing votes of the two Houses, and have appointed managers on their part. The bill first mentioned in the message was read, and ordered to the second reading. The Senate took into consideration the resolu tion of the House of Representatives on the amendments to the bill last mentioned in the message, and asking a conference thereon; and Resolved, That they agree to the said conference, and that Messrs. JACKSON and DAYTON be the managers at the same on the part of the Senate. Mr. TRACY, from the committee to whom was referred, on the 21st instant, the bill for the relief of Moses Young, reported the bill amended. SENATE. informed the Senate that the House concur in the bill, entitled "An act to ascertain the boundary of the lands reserved by the State of Virginia northwest of the river Ohio, for the satisfaction of her officers and soldiers on Continental establishment, and to limit the period for locating the said lands." They have passed a bill, entitled "An act to repeal a part of the act, entitled 'An act supplementary to the act concerning Consuls and Vice Consuls, and for the further protection of American seamen," in which they desire the concurrence of the Senate. The bill last mentioned was read, and ordered to the second reading. The bill giving additional compensation to the Governor, Secretary, and Judges, of the Indiana Territory, was read the third time and amended; and passed. The Senate resumed the second reading of the bill, entitled "An act for the relief of George Lee Davidson ;" and Ordered, That the consideration thereof be postponed. The Senate took into consideration the amendments reported by the committee to the bill in addition to an act making provision for persons that have been disabled by known wounds received in the actual service of the United States during the Revolutionary war; and the amendments were not adopted. Ordered, That this bill pass to a third reading. Mr. TRACY, from the committee to whorn was The Senate resumed the second reading of the referred, on the 17th instant, the bill, entitled "An bill, entitled "An act concerning the public buildact in addition to an act, entitled 'An act to estab-ings in the City of Washington;" and lish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject." reported the bill without amendment. The Message and paper therein referred to were read, and ordered to lie for consideration. The bill to provide for the more extensive distribution of the laws of the United States was read the second time, and referred to Messrs. TRACY, BALDWIN, and BRADLEY, to consider and report thereon to the Senate. The bill to amend the laws providing for the organization of the accounting offices of the Treasury, War, and Navy Departments, was read the third time, and passed. The Senate took into consideration the amendments reported by the committee to the bill, entitled "An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes," and which were in part adopted; and the bill was further amended. Ordered, That the bill pass to the third reading, as amended. A message from the House of Representatives Ordered, That this bill pass to a third reading. The Senate resumed the second reading of the bill, entitled "An act for the relief of the legal representatives of David Valenzin, deceased, and for other purposes;" and Ordered, That it pass to the third reading. The Senate took into consideration the amendments reported by the committee to the bill, entitled "An act for the relief of the heirs of John Habersham," end agreed thereto; and Ordered, That the bill pass to the third reading as amended. The Senate resumed the second reading of the bill authorizing the payment of two thousand eight hundred dollars to Philip Sloan; and Ordered, That it pass to a third reading. The Senate took into consideration the amendments reported to the bill, entitled "An act to amend the act, entitled 'An act concerning the registering and recording of ships and vessels,” and agreed thereto; and Ordered, That the bill pass to a third reading as amended. The Senate resumed the second reading of the bill, entitled "An act in addition to an act, entitled 'An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject:" and agreed to an amendment. Ordered, That the bill pass to the third reading as amended. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers;" in which they desire the concurrence of the Senate. The bill last mentioned was read, and ordered to the second reading. FRIDAY, March 23. The bill, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers;" was read the second time, and referred to Messrs. SAMUEL SMITH, BRECKENRIDGE, and ANDERSON, to consider and report thereon. A message from the House of Representatives informed the Senate, that the House have passed a bill, entitled "An act supplementary to the act, entitled 'An act regulating the grants of land and providing for the disposal of the lands of the United States south of the State of Tennessee;" and a bill, entitled "An act relative to the compensations of certain officers of the customs, and to provide for appointing a surveyor in the district therein mentioned;" in which bills they de sire the concurrence of the Senate. The two bills last brought up for concurrence were read, and ordered to the second reading. The bill, entitled "An act imposing more specific duties on the importation of certain articles, and also for levying and collecting light-money on foreign ships and vessels," was read the second time, and referred to Messrs. BALDWIN, SAMUEL SMITH, and TRACY, to consider and report there on to the Senate. Mr. SAMUEL SMITH submitted the following resolution as an amendment to the bill last committed: "And be it further enacted, That the person exercising the powers which, under the Spanish Government, were vested in the Intendant of the Province of Louisiana, shall, until a district court of the United States shall have been established in the Territory of New Orleans, in conformity with the provisions of this act, have and exercise, in all cases whatever arising within the said Territory under the laws regulating and providing for the collection of duties on imports and tonnage, or under any other revenue laws of the United States, the same jurisdiction and powers which by law are given to the district and circuit courts of the United States; and the powers to remit fines, penalties, or forfeitures, and to remove disabilities, which by law are vested in the Secretary of the Treasury, may and shall, in all cases of such fines, penalties, forfeit ures, or disabilities, incurred within the Territory of New Orleans, and until a Governor of the said Territory shall have been appointed, and shall have entered into the functions of his office, be exercised by the person exercising the powers which, under the Spanish Government, were vested in the Governor of the Province of Louisiana; and the said power to remit fines, penalties, or forfeitures, and to remove disabilities, may, and shall, in like manner, be exercised by the Governor of the said Territory, from the time when he shall enter into the functions of his office, in conformity with the provisions of this act, until the next session of Congress, and no longer." MARCH, 1804. Ordered, That it be referred to the committee last mentioned, to consider and report thereon. Mr. SAMUEL SMITH presented the memorial of the manufacturers of gunpowder in the vicinity of the city of Baltimore, praying encouragement to the importation of saltpetre, and the memorial was read. Ordered, That it be referred to the committee last appointed to consider and report thereon to the Senate. A message from the House of Representatives informed the Senate, that the House so far recede from their amendment insisted on to the bill, entitled "An act erecting Louisiana into two Territories, and providing for the temporary government thereof," as to adopt the report of the joint committee of conference; and they concur in the bill, entitled "An act in addition to the act, entitled 'An act for the punishment of certain crimes against the United States," with an amendment, in which they desire the concurrence of the Senate. They have passed a bill, entitled "An act to authorize the adjournment of district courts by Marshals in certain cases;" a bill, entitled "An act for the appointment of an additional judge for the Mississippi Territory, and for other purposes;" a bill, entitled "An act in addition to an act for fixing the Military Peace Establishment of the United States ;" and a bill, entitled "An act 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 for other purposes;" in which bills they desire the concurrence of the Senate. The four bills last brought up for concurrence were severally read. On the question to agree to the second reading of the bill, entitled "An act 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 for other purposes;" it passed in the negative. So the bill was lost. Ordered, That the three other bills last brought up for concurrence severally pass to the second reading. Mr. JACKSON, from the managers at the conference on the bill, entitled "An act erecting Louisiana into two Territories, and providing for the temporary government thereof," made report. Whereupon, On motion that the Senate so far recede from their disagreement to the amendment to the 14th section as to adopt the report of the joint committee of conference, which subjoins to the said amendment the following proviso: "Provided, nevertheless, That anything in this section contained shall not be construed to make null and void any bona fide grant made agreeably to the laws, usages, and customs, of the Spanish Government, to an actual settler on the lands so granted for himself, and for his wife and family, or to make null and void any bona fide act or proceeding done by an actual settler, agreeably to the laws, usages, and customs, of the Spanish Government, to obtain a grant for lands actu |