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MARCH, 1795.]

Invalid Pension Bill-Cession of Georgia Lands.

law that prohibits the exportation of arms expires in June next. Now, if it is necessary to put this proviso into the present bill, for fear of offending foreign nations, it will also be necessary to prolong that act, or otherwise it may be still said that we violate the neutrality. There is no design of prolonging the act, and for that reason it is needless to insert the proviso.

Mr. MADISON was of opinion, with his colleague, [Mr. GILES,] that the proviso would "narrow our national rights." Besides, even the passing of the proviso is worth nothing, for we may send military stores to Hamburg, and from thence they may be transported to any of the nations at war.

Mr. GOODHUE saw this matter in a particular light. This exportation was Governmental, and, if a man-of-war meets this vessel, the proviso will prevent any jealousy.

A motion for striking it out was carried-Ayes 35, noes 30.

The Committee then rose, and reported. The question on the amendment was put.

Mr. B. BOURNE hoped that this amendment would not be agreed to. It might have serious consequences.

Mr. SEDGWICK.-If the amendment itself has any meaning, it is authorizing the PRESIDENT to send military stores to nations at war.

Mr. GILES did not see the use of so much delicacy. The military stores are for a nation that is actually at war, and that, as Mr. G. believed, always will be at war.

The amendment was carried. It was then moved to strike out the word "resolved," and to put into its place, "be it enacted." This was agreed to. The resolution was thus turned into a bill.

Mr. HARPER again moved to get into a Committee of the Whole, on the report. of the select committee, as to surveying the coasts.

The motion was negatived.

INVALID PENSION BILL.

The bill empowering the Secretary of War to place certain persons therein named on the invalid pension list, was read a third time, and passed.

Mr. CHRISTIE was against the immediate passing of this bill, as he could not be certain, from want of time to examine it, whether all the persons named in it, were entitled to a pension.

Mr. TRACY noticed that he had sat up late for several nights in order to bring it to a completion; and was anxious that it should pass. He mentioned this attention, not to claim any merit from having done his duty, but to show that the bill had really been considered. It was mentioned by another member, that some invalids, who were highly meritorious, had been omitted, and that, therefore, it would be better to defer the bill till next session, when these might be included."

Mr. FITZSIMONS said, that not to pass this bill would be the greatest disgrace that ever befel the House. The poor people had waited year after year, and at last, when it was ready to pass, their claims were postponed for another nine months certain, and nobody could tell how much longer.

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And then, upon a motion made and seconded, the House adjourned until seven o'clock P. M.

SEVEN O'CLOCK, P. M., MONDAY, March 2.

Mr. DEARBORN, from the committee to whom was referred the petition of the merchants and mariners of Wiscasset, in the State of Massachusetts, made a report; which was read, and ordered to lie on the table.

A message was received from the Senate, notifying that they had receded from their amendment, as to the bill for the exportation of arms.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act to alter and amend the act, entitled 'An act laying certain duties upon snuff and refined sugar," with several amendments; to which they desire the concurrence of this House.

The House proceeded to consider the said amendments, and, the same being read, were agreed to. A message from the Senate informed the House that the Senate have passed the bill, entitled "An act for the more general promulgation of the laws of the United States," with several amendments; to which they desire the concurrence of this House.

The House proceeded to consider the said amendments, and, the same being read, were agreed to.

CESSION OF GEORGIA LANDS.

It was then moved that the House should go into a Committee, on the bill to authorize the PRESIDENT to obtain the cession of certain Territories in Georgia, which was agreed to.

Mr. SEDGWICK moved that the House rise and report the bill.

Mr. FITZSIMONS wanted to know the meaning of the words in the bill, "by purchase, or otherwise." If the PRESIDENT is to buy the right from the State of Georgia to the lands which they claim, we ought to make provision for it. What is the meaning of the words?

Mr. SWIFT said, that this bill for the Georgia lands was an unlimited thing. No man had a higher opinion than himself of the PRESIDENT, but The House think the State of Georgia wrong in it was improper to grant such extensive powers. having claimed this land. It will be still more extraordinary in us to propose to buy what they have not a right to sell. We ought to declare at once, that the lands belong to the United States, and not to give any such indefinite power which might offend our constituents. He was ready to allow the Georgians payment of any expense which they might have been at in defending it from the Indians, and nothing else.

Mr. AMES imagined that it would require a wheelbarrow load of documents and papers to determine whether these lands were the property of the State of Georgia, or not. In the last night but one of a session, there was not time for entering into the discussion of the right. He thought it would be good policy to agree to the resolution

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There was, however, an interim danger of persons who claim the lands going and taking them by force, and thus bringing the United States into another war ten times more bloody than the present. He should deplore the disappointment, if the bill did not pass.

Mr. SEDGWICK had an amendment which was for empowering the PRESIDENT to give dollars for the cession.

[MARCH, 1795.

to embarrass the purchasers of the lands, till they should be forced to give up their right.

Mr. FINDLEY liked the resolution better without the amendment.

A member recommended not fixing any sum, but striking it out of the amendment. If the sum is too low, we shall not get the land. If too high, we may be sure that the State of Georgia will not part with it for one farthing less than the whole sum mentioned in the bill. No gentleman can, at present, guess what the land is worth. Mr. BOUDINOT was for limiting the sum. Mr. KITTERA requested that the question might be taken.

Mr. MCDOWELL moved that the Committee rise. as they had not sufficient information for proceeding. The motion was negatived.

The yeas and nays were then taken, and stoodyeas 41, nays 24, as follows:

Mr. HARPER imagined that, to fill up the blank, would be attended with insuperable difficulties. It would be much better to let it stand as it was. To fix the price before you attempt to make the bargain, is quite wrong. We have not information sufficient to know what sum it will be prudent to give. We cannot, at this time, appoint a committee to inquire. He advised to refer it to the Secretary of the Treasury to report to next The amendment of dollars was finally reCongress. The fixing a price would be destroy-jected. The bill was reported to the House with ing the responsibility of the Executive. He might amendments-agreed to, and ordered to be engrossshelter himself under a vote of the House as hav-ed for a third reading. ing fixed the sum. He was satisfied that the Executive has abundance of reasons for trying to make the bargain as cheaply as he can, but this resolution would destroy the principle of responsibility. We had been told that the Georgians have not a right to these lands, and therefore that it was improper to attempt a purchase from them. In the second place, that, if we had acquired such a right, it would be useless, because we have too much land already. With regard to the former, Mr. H. went into a long historical detail to prove that Georgia actually has a right to the lands in question. He wished that the land did belong to the United States, and wished that it might be bought. We are not to suppose this a mere visionary claim. It is a legal claim, and extends over thirty millions of acres of the finest lands in the world, and most admirably situated both for commerce and emigration. It might, every foot of it, be made worth half a dollar, or a dollar, per acre. Its settlement would tend to open the navigation of the Mississippi. These thirty millions of aeres have been sold to certain adventuring companies, at five hundred thousand dollars. If the purchasers themselves had completed their rights, he would advise the repurchase from them.

YEAS.-Fisher Ames, Theodorus Bailey, Abraham Baldwin, Lemuel Benton, Thomas P. Carnes, David Cobb, Peleg Coffin, William J. Dawson, George Dent, Samuel Dexter, Gabriel Duval, William Findley, Thomas Fitzsimons, Dwight Foster, Ezekiel Gilbert, James Gordon, Daniel Heister, William Hindman, Samuel Holten, John Hunter, William Irvine, John Wilkes Kittera, Amasa Learned, Matthew Locke, Francis Malbone, Andrew Moore, William Vans Murray, John Page, Andrew Pickens, Theodore Sedgwick, John S. Smith, Thomas Sprigg, George Thatcher, Uriah Tracy, Sherburne, John Smilie, Jeremiah Smith, William Jonathan Trumbull, Philip Van Cortlandt, Peleg Wads

worth, and John Watts.

NAYS.-Thomas Blount, Elias Boudinot, Lambert

Cadwalader, Gabriel Christie, Thomas Claiborne, Joshua Coit, Jonathan Dayton, Christopher Greenup, William B. Grove, Carter B. Harrison, Robert Goodloe Harper, James Hillhouse, Aaron Kitchell, William Lyman, Nathaniel Macon, James Madison, Joseph McDowell, Alexander Mebane, Nathaniel Niles, Israel Smith, Zephaniah Swift, Thomas Tredwell, Paine Wingate, and Joseph Winston.

PROMULGATION OF THE LAWS. Mr. DAYTON liked the amendment better than The House then went into a Committee on the the original resolution. He proposed an amend-petition of Edmund Hogan, and the report of the ment which was not distinctly heard. He was select committee was read. sensible of the value of time. The Senate are waiting for the resolution of this House. He said that, in this bill, there had been omitted a tract of land forty miles square, formerly purchased from the Natchez. He feared that this affair might involve the States in a war with the Creeks, the most formidable tribe of the Indians.

Mr. SEDGWICK said, that his amendment had been amended. We understood that it now included the tract of forty miles square, purchased from the Natchez.

Mr. MCDOWELL hoped that the bill would not pass at all. It was a subject of so much intricacy that it could not be discussed at present. He did not think that it would be very honorable in the Government, if the sale was actually completed,

Mr. W. SMITH said, that the mere promulgation of the laws was not sufficient. It was proper that the speeches also should be printed. Something in this way had been attempted by the printers of newspapers in this city. Mr. S. had neither inclination nor occasion to cast reflections on any of the persons appointed to take the debates. But there had been considerable discontents in various parts of the Union on this account, from misrepre sentations contained in the newspapers. There was a strong necessity for more accuracy. The statements had been extremely incorrect.

Mr. DEXTER followed on the same ground. He said that the newspapers contained a torrent of abuse and misrepresentation, as to what passed in the House.

MARCH, 1795.]

Promulgation of the Laws.

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van, late Judge of the said District, which con-
tains only an abstract of the testimony, be re-
turned by the Secretary of War to the District
Judge of New Hampshire, for the purpose of
giving an opportunity to return the testimony re-
specting the invalids contained in the said report,
according to the requisitions of law.
On motion,

Mr. HILLHOUSE observed, that it would be tri- Robinson, under a commission from John Sullifling to direct any person skilled in stenography to apply to the Secretary of State, for the Secretary was not empowered to make any agreement with him; and after persons had put themselves to, perhaps, a great deal of trouble in applying, the House would, very likely, next session, refuse the scheme. It was wrong, therefore, to publish any invitation, till an establishment was actually made. Mr. CLAIBORNE said, that this would be an encyclopedia of printing-a thing, of which the House never would see an end. To this it was answered, that, as to the expense, the House might make themselves easy, for the printers of newspapers would be glad to get them to print by way of

news.

Mr. GILBERT proposed, as an amendment, that the reporter should finish his debates every evening, and lay them before the House next morning; and that after the Clerk had read the minutes, the House should go into a Committee to correct the manuscript of the reporter.

The report as it stood was agreed to, as follows: Resolved, That the Secretary of State be requested to receive proposals from any person or persons skilled in the art of stenography, or capable of reporting debates with accuracy, and to report the same to this House, at the commence ment of the next session, with his observations and opinion respecting the qualification of the said person or persons for the said duty, to the end that this House may be enabled to appoint one or more persons as officers of the House, for the valuable purpose above mentioned.

The Committee rose, and on a division of the
House, there were—.
-Ayes 28, noes 26.

The House then, at half past ten in the evening, adjourned till Tuesday."

TUESDAY, March 3.

Resolved, That the Secretary of the Treasury be directed to report to the House of Representatives, at the next session, a tariff of duties on goods, wares, and merchandise, imported into the United States, proportioned to the rates of duties now imposed by law, with his opinion on such other matters as may be necessary for the improvement of the revenue arising from impost and from distilled spirits and stills.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act making provision for the purposes of treaty and of trade with the Indians," with sundry amendments; to which they desire the concurrence of this House.

The House proceeded to consider the said amendments, and, the same being read, were agreed to. Ordered, That the Committee of the Whole House on the state of the Union, to whom was referred so much of the Message from the PRESIDENT OF THE UNITED STATES, of the seventeenth ultimo, as relates to the communications from the Governor of the Territory of the United States South of the river Ohio, be discharged from the consideration of the same, and that it be recommitted to Mr. FITZSIMONS, Mr. MADISON, and Mr. BLOUNT.

A message from the Senate informed the House that the Senate have postponed to the next session of Congress, the consideration of the bill, entitled "An act authorizing and directing the Secretary of War to place certain persons therein named on the pension list." The Senate have agreed to a resolution "relative to the title to certain lands situate in the Southwestern parts of the United States;" to which they desire the concurrence of this House.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act supplementary to the act, entitled 'An act establishing a Mint, and regulating the coins of the United States," with several amendments; to which they desire the concurrence of this House. The House proceeded to consider the said resoThe House proceeded to consider the said amend-lution, and, the same being read, as follows: ments, and, the same being read, were agreed to. Mr. TRACY, from the Committee of Claims, to whom were yesterday referred a Letter and Report from the Secretary of War, of the twentyeighth ultimo, accompanying a further statement in the cases of claimants to be placed on the list of pensioners, made a report; which was read, and ordered to lie on the table.

"Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and hereby is, requested to give directions to the Attorney General to collect, digest, and report to the Senate, the charters, treaties, and other documents, relative to, and explanatory of, the title to the land situate in the Southwestern parts of the United States, and claimed by cerThe House proceeded to consider the report tain companies, under a law of the State of Georgia, made yesterday by the Committee of Claims, to passed the seventh day of January last, namely: a whom were referred sundry reports from the Se- tract of land claimed by James Gunn, Matthew McAlcretary of War, accompanying statements in the lister, and George Walker, and their associates; also, a cases of claimants to be placed on the list of pen-cock, Ambrose Gordon, and Thomas Cumming, and tract of land claimed by Nicholas Long, Thomas Glassioners; and the said report being amended, was their associates; also, a tract of land claimed by John agreed to by the House, as follows: B. Scott, John C. Nightingale, and Wade Hampton, and their associates; and, also, a tract of land claimed by Zachariah Cox and Matthias Maher, and their associates."

Resolved, That the return of invalid pensioners from the District of New Hampshire, by Samuel Tenney, William Parker, junior, and Ephraim

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some gentleman would think the subject important enough to be attended to at least he should have done his duty-and the resolution would show the opinion of one of the sovereign people, that the criminal code ought to be amended, and he doubted not that the future servants of the public would pay due respect to it.

Ordered, That the Transylvania Company,commonly called Richard Henderson and Company, who presented a memorial to this House on the

Mr. DEXTER laid a resolution on the table nearly sixth day of January last, have leave to withdraw in the following words:

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the same.

Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now about to adjourn without day; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that the Senate have appointed a committee, on their part, jointly, with such committee as may be appointed on the part of this House, to wait on the PRESIDENT OF THE UNITED STATES, and inform him that Congress is ready to adjourn without day, unless he may have any further communications to make to them.

The House proceeded to consider the said message: Whereupon,

the PRESIDENT OF THE UNITED STATES, and inform him of the intended recess of Congress; and that Mr. BOUDINOT, Mr. SEDGWICK, and Mr. TRUMBULL, be of the committee appointed on the part of this House.

Mr. D. said, that he laid the resolution on the table, hoping that gentlemen would consider the subject as important enough to command some share of their attention during the recess. That the existing laws were so severe as to give impunity to some crimes in the Eastern States, that grand jurors would reluctantly present offenders, and even jurors on trial often acquit them improperly; that he had known a single instance in which an offender despised a trial from a confidence that no evidence could induce the jury to Resolved, That this House doth agree to the convict him. Mr. D. further observed, that he had resolution of the Senate for the appointment of a long been convinced, that the present punish-Joint Committee of the two Houses, to wait on ments were introduced when the rights of men were little understood, and less regarded; that they were unjust and barbarous in principle, and mischievous in practice, as it is not difficult to show that they have a direct tendency to produce the very crimes they are intended to prevent; and that justice, humanity, and even policy, call loudly for a reform. If reasoning should be distrusted, at least facts and actual experiment ought to convince: That such facts had long existed both in Europe and America, as to place it beyond doubt, that savage laws will always make a savage people; that the change of things in Portugal, and particularly in Lisbon, which had lately taken place, was another proof in addition to many others; that the danger of assassination and robbery there had been well known, that the abolition of sanguinary punishments there lately had abolished the crimes; and that he had been informed by a most respectable gentleman just arrived from there that the midnight traveler is now as safe in Lisbon as in Philadelphia.

Mr. D. was not unacquainted with the fears of some very good men, that mitigating punishments would produce an inundation of crimes, especially in large cities; but he said experience had shown that no such danger existed; the best citizens of Portugal had objected from similar fears, but they had happily discovered that such fears were groundless. A Legislature ought to dare to do right, and trust events to Heaven. Moral good cannot produce natural evil as its ordinary fruit. Mr. D. concluded by observing, that if he should not be a member of the next Congress, he hoped

On a motion made and seconded,

"That the thanks of this House be presented to Frederick Augustus Muhlenberg, in testimony of their approbation of his conduct in discharging the arduous and important duties assigned him while in the Chair:" It was resolved unanimously: Whereupon, Mr. SPEAKER made his acknowledgments to the House in manner following:

"GENTLEMEN: I feel myself highly honored by this distinguished mark of your approbation of my conduct in the station you were pleased to assign unto me; and although I am conscious that my feeble efforts do not merit so precious a reward, yet permit me to assure you that it has made a lasting impression on my mind, and I shall ever esteem it with the most unfeigned satisfac tion.

"Gentlemen, I sincerely thank you; may every hap piness attend you; may you long continue to enjoy the confidence of your fellow-citizens; and may you meet with their just applause of having deserved well of your country."

Mr. BOUDINOT, from the Joint Committee appointed to wait on the PRESIDENT OF THE UNITED STATES and inform him of the intended recess of Congress, reported that the Committee had performed that service, and that the PRESIDENT signified to them that he had no further communication to make during the present session: Whereupon, Mr. SPEAKER adjourned the House sine die.

APPENDIX

TO THE HISTORY OF THE THIRD CONGRESS,

COMPRISING THE MOST IMPORTANT DOCUMENTS ORIGINATING DURING THAT CONGRESS, AND THE PUBLIC ACTS PASSED BY IT..

PROCLAMATION OF NEUTRALITY.

BY THE PRESIDENT OF THE UNITED STATES OF

AMERICA,

A PROCLAMATION.

Whereas it appears, that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, on the one part; and France, on the other; and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial towards the belligerent Powers:

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PHILADELPHIA, August 4, 1793. SIR:-It appearing that repeated contraventions of our neutrality have taken place in the ports of the United States, without having been discovered in time for prevention or remedy, I have it in command from the President to address to the Collectors of the respective districts a particular instruction on the subject.

It is expected that the Officers of the Customs in each district will, in the course of their official functions, have a vigilant eye upon whatever may I have, therefore, thought fit, by these presents, be passing within the ports, harbors, creeks, inlets, to declare the disposition of the United States to and waters, of such districts, of a nature to contraobserve the conduct aforesaid, towards those Pow-vene the laws of neutrality, and, upon discovery ers respectively; and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition.

of any thing of the kind, will give immediate notice to the Governor of the State, and to the attorney of the judicial district comprehending the district of the customs within which any such contravention may happen.

cerning sundry particulars which have been adopted by the President, as deductions from the laws of neutrality, established and received among nations. Whatever shall be contrary to these rules will, of course, be to be notified as above mentioned.

And I do hereby also make known, that whosoever of the citizens of the United States shall ren- To assist the judgment of the officers on this der himself liable to punishment or forfeiture un-head, I transmit herewith a schedule of rules conder the Law of Nations by committing, aiding, or abetting, hostilities against any of the said Powers; or by carrying to any of them those articles which are deemed contraband by the modern usage of Nations, will not receive the protection of the United States, against such punishment or forfeiture; and further, that I have given instructions to those There are some other points which, pursuant officers to whom it belongs, to cause prosecutions to our treaties, and the determination of the Exto be instituted against all persons who shall, with-ecutive, I ought to notice to you. in the cognizance of the Courts of the United If any vessel of either of the Powers at war States, violate the Law of Nations, with respect to the Powers at war, or any of them.

In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the City of Philadelphia, 22d day of April, 1793, and of the Independence of the United States of America the seventeenth.

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with France should bring or send within your district a prize made of the subjects, people, or property of France, it is immediately to be notified to the Governor of the State, in order that measures may be taken, pursuant to the 17th article of our treaty with France, to oblige such vessel and her prize, or such prize, when sent in without the capturing vessel, to depart.

No privateer of any of the Powers at war with France, coming within a district of the United States, can, by the 22d article of our treaty with

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