Mr. C. withdrew his motion that the petition be referred to the Committee of Ways and Means. Mr. - immediately renewed it. Mr. QUINCY was personally indifferent whether the petition was referred to the Committee of Ways and Means, but, as the subject manifestly affected the revenue, it was proper to refer it to that Committee. It was a question very material to the revenue, whether the custom-house bonds should be deposited in the United States Bank. The contrary supposition implies that all banks are solid and secure. H. OF R. from the Secretary of the Treasury, transmitting a statement of the amount of deposits of the public money in the United States and other banks for the last three years; together with a table showing the balances in favor of the United States, remaining in the said banks, respectively, for that period, distinguishing the amount in each year; which were read, and referred to the committee appointed yesterday on the petition of the President and Directors of the Manhattan Company, of the City of New York. The following Message was received from the Representatives of the United States: Mr. CROWNINSHIELD conceived that the subject of the petition had no more relation to the Committee of Ways and Means than to that of Commerce and Manufactures, or any other standing I now lay before you accounts of the sums which have committee of the House. Its object was, to pro- been expended by the United States on the Capitol, cure relief against an injurious monopoly, pos- the President's House, the Public Offices, the Navy sessed by a particular banking company. It nei-Yard, and the Marine Barracks, respectively; and the ther proposed to give or take away one shilling of amount expended on other objects of public expense the public money. The Committee of Ways and within the City of Washington, as requested by your Means were already pressed with a great deal of resolution of the fifteenth instant. matter. Mr. C. did not wish to trouble the House TH. JEFFERSON. with the United States Bank, but more than sixteen years they had enjoyed an exclusive monopoly, which has been very injurious to all other banking institutions, as has been very properly detailed in the petition. He meant to propose a plan for equalising the benefits of the deposits. This is a subject which deeply interested the constituents of his colleague, (Mr. QUINCY.) The merchants of Boston cannot procure any large sums except from the United States Bank, which controls all the other banks in that town. The SPEAKER informed Mr. CROWNINSHIELD that it was improper to speak of any gentleman's district. DECEMBER 23, 1806. The Message was read, and, together with the documents accompanying the same, ordered to lie on the table. Mr. DAWSON, from the committee to whom was referred, on the seventeenth instant, the petition of sundry inhabitants of the counties of Alexandria and Washington, in the District of Columbia, made a report thereon; which was read, and referred to a Committee of the Whole House on Friday next. Mr. MAGRUDER, from the committee appointed on the seventeenth instant, presented a bill authorizing the discharge of William Hearn, from his imprisonment; which was read twice, and committed to a Committee of the Whole on Friday next. Mr. QUINCY observed, that all subjects relating to the revenue properly belonged to the Committee of Ways and Means. The present subject deeply implicates the revenue, because it all de- Mr. JOHN RANDOLPH, from the Committee of pends upon being safely deposited. His colleague Ways and Means, presented a bill making approseemed to have a great fellow-feeling for the Com-priations for the support of the Navy of the Unimittee of Ways and Means, and appeared to be anxious lest they should be pressed with too much business; but that committee had sufficient time to consider all the business referred to them. The question being taken on referring the petition to the Committee of Ways and Means, it was lost-ayes 32. It was then referred to a select committee of nine. TUESDAY, December 23. Another member to wit: EDWIN GRAY, from Virginia, appeared, and took his seat in the House. The SPEAKER laid before the House a letter from the Secretary of the Treasury, enclosing the report and transcripts of decisions made by the Commissioners appointed to examine the claims to land in the district of Vincennes, in conformity with the several acts making provision for the disposal of the public lands in the Indiana Territory; which were read, and referred to the Committee on the Public Lands. The SPEAKER laid before the House a letter ted States, during the year one thousand eight hundred and seven; which was read twice, and committed to a Committee of the Whole on Friday next. Mr. JOHN RANDOLPH, from the same committee, presented a bill making appropriations for the support of the Military Establishment of the United States, for the year one thousand eight hundred and seven; which was read twice, and committed to a Committee of the Whole on Monday next. NATIONAL DEFENCE. Mr. ELLIOT rose for the purpose of offering the resolutions of which he had given previous notice. He said he should not on this occasion avail himself of the ordinary indulgence of the House so liberally accorded to members who made long speeches on short resolutions. If the resolutions should be seconded, he would briefly state their general object, and then move their reference to a Committee of the Whole on the state of the Union, and if so referred, he would on a future day (for the state of bis health did not admit of it on this 1. Resolved, That it is expedient to make provision by law for the further and more effectual protection of the commerce, the seamen, the harbors, the coasts, and the frontiers of the United States. 2. Resolved, That, for the great purposes of national protection and defence, it is expedient to provide, by law, for repairing, manning, and supporting in actual service, the whole of the frigates and smaller vessels of war belonging to the United States. 3. Resolved, That it is expedient to provide, by law, for defraying the expenses incident to building two new frigates, to supply the places of the Philadelphia, which was lost during the late war with Tripoli, and the General Greene, which has been condemned as unfit for service. 4. Resolved, That provision ought to be made, by law, for preparing two or more navy yards, and navy arsenals, situated on or near the margin of the ocean, for the reception of ships and vessels of war, and for other naval purposes. 5. Resolved, That a committee be appointed to inquire what provision it may be necessary to make, by law, in relation to the location, establishment, and superintendence of navy yards and naval arsenals, and that the said committee report by bill, or otherwise. DECEMBER, 1806. It was suggested that most, if not all the subjects embraced by these resolutions, had been already referred to committees appointed on the several members of the President's Message, and that consequently a similar reference to other committees would, without any good purpose being attained, tend to complicate the proceedings of the House; and a question of order was raised as to the regularity of committing them, The SPEAKER said that as the resolutions, though in some respects similar to the subjects already referred, in other respects varied from them, he considered the motion of reference in order. Mr. ELLIOT said a few words to the same effect, and stated his wish to be afforded an opportunity on a future day, should the resolutions be committed, of offering his sentiments at length on the interesting objects embraced by them. On referring the resolutions to the Committee of the Whole on the state of the Union, the House divided-only 32 members rising in the affirmative, the reference was disagreed to, when the resolutions were ordered to lie on the table. IMPORTATION OF SLAVES. The consideration of the bill prohibiting the importation of slaves into the United States was resumed in Committee of the Whole. 6. Resolved, That a committee be appointed to in- Mr. EARLY moved to strike out that part of quire what further measures are necessary for the pro-the bill which declares the importation of pertection of American seamen, and for their release and sons of color into the United States felony, and indemnification when impressed into foreign service punishes it with death. by the officers or subjects of foreign Powers, and that the said committee report by bill, or otherwise. 7. Resolved, That a committee be appointed to inquire into the situation of the fortifications of the ports and harbors of the United States; into the practicability and propriety of a general system of fortification, and the expense with which it would be attended; and, also, into the best method of fortifying the port of New York, and the other principal ports which are now in a defenceless state, and that the said committee report a statement of facts, with their opinion thereon, to the House. 8. Resolved, That a committee be appointed to inquire into the expediency of investing the President of the United States, by law, with ample powers to cause every aggression and attack upon the rights, the honor, and the interest of the United States, which may be committed or commenced by the officers, citizens, or subjects of any foreign Power, within the ports or harbors of the United States, within the waters under their jurisdiction, and upon the high seas within certain distances of the coast, to be immediately repelled, and effectually chastised, and that the said committee report by bill, or otherwise. 9. Resolved, That a committee be appointed to revise the existing laws respecting the militia; to devise means for completely arming and equipping for actual service, and for more effectually organizing and disciplining the whole of the militia of the United States, in order to render it an efficient force for the protection of the United States from invasion by any foreign Power, and that the said committee report by bill, or otherwise. The Clerk having read the resolutions, Mr. ELLIOT moved their reference to a Committee of the Whole on the state of the Union. This motion was supported by Messrs. EARLY and HOLLAND, and opposed by Mr. SMILIE, and agreed to-ayes 60, noes 41. Mr. BIDWELL renewed the motion for merly offered by him, so to amend the bill as to prevent the forfeiture of persons of color imported. On this amendment a debate of considerable length ensued, in which Messrs. BIDWELL, COOK, SLOAN, FISK, BEDINGER, and SMILIE supported, and Messrs. LLOYD, EARLY, ELMER, ALSTON, and MACON, opposed it. The advocates of the motion observed, that when a former bill on this subject was before the House, a motion had been made to amend a section then under consideration, by striking out the forfeiture of persons imported as slaves. Before the question was taken on that amendment, another motion, prior in its nature, was made and carried, that the Committee should rise. The House afterwards recommitted the bill to a select committee, who reported it in the present form. They regretted then, and still regretted, that they did not first settle the principle by a vote which might have been an instruction to the select committee in redraughting the bill. And they thought it their duty, iu this stage of the business, to take the sense of the Committee of the Whole on this point. The section under consideration related to a ship or vessel laden in whole or in part with persons, the importation or bringing of whom into the United States was prohibited. If the vessel was found in any of our ports, the owner and master are severally subjected to a pecuniary penalty. But there was no forfeiture of the vessel or DECEMBER, 1806. Importation of Slaves. H. of R. is issued against his goods and chattels, in a State where slaves are considered personal estate, they may be taken and sold as such in satisfaction of the execution. There the process of the United States only operates to transfer from one master to another a title created and existing by the law of the State-a law which ours cannot constitutionally control, and to which it must conform. But when a person of the description referred to in this section is forfeited, as a part of the prohibited cargo, and sold accordingly, the purchaser's title to him as a slave is derived immediately, originally, and solely from the United States. For the honor of the nation, it was hoped their statute books would never be stained with such a provision. The President, in his Message to both Houses of Congress, has congratulated us upon the approach of the time, when, agreeably to the Constitution, we may prohibit the African slave trade. In mentioning it, as a subject of congratulation, he has spoken the language of humanity, of justice, and sound policy, the language and sentiment of the nation. They hoped they should pass the prohibition, which was thus recommended, and share in the honor of passing it. But, ardently as they wished this, they would prefer to pass no prohibitory act; they would rather do nothing at all upon the subject, than adopt a principle which appears so objectionable. They trusted, however, it would not be adopted. To try the sense of the Committee upon the question, it was moved, as an amendment to this section, after the word vessel, in the tenth line, to strike out the words, "if brought into any port or place within a State or Territory, the Constitution and laws of which permit slavery, shall, together with her cargo, tackle, apparel, and furniture," and, instead thereof, to insert these words, "Shall, together with her tackle, apparel, and furniture, and all her cargo, except persons;" so that the clause may stand thus: "and such ship or vessel shall, together with her tackle, apparel, and furniture, and all her cargo, except persons, be forfeited." cargo, unless found in a harbor of some State whose constitution and laws permitted slavery. In that case, both the vessel and her cargo are to be forfeited, and, by another section of the bill, are to be sold under the authority and for the benefit of the United States. By the very terms of the provision, the cargo will consist in whole or in part of persons whose importation is prohibited-that is, persons unlawfully and forcibly taken by the crew of the slave ship, or somebody whom they may have employed for that purpose. For, in point of legal or moral principle, it made no difference whether the crew of an American slave ship, upon their arrival on the coast of Africa, go ashore themselves, or by surprise or force take possession of their prisoners, or, by the offer of a price, tempt some tribe or party of the natives to make the seizure for them. The crime is the same and the injury the same to the sufferers. In either case they are, without their consent, and against their will, by force and arms, torn from their homes, from their families, their parents, their children, their husbands, and wives, their brothers, friends, and acquaintance, from all those tender relations, which they, as well as we, have hearts to feel. In spite of entreaties, or cries and tears, they are unfeelingly dragged to the shore, hurried on board, crowded into the hold, loaded with chains, and transferred to their native land. Those of them who do not commit suicide through terror or despair, who do not sink beneath the rigor with which they are treated, or fall a prey to the diseases generated by their situation, are brought across the ocean to this country. The moment they arrive in any harbor within the jurisdictional limits of the United States, they are met by this law which we are now passing. It finds them, by the laws of God and man, entitled to their freedom as clearly and absolutely as we are. They are not, by any law, human or divine, the slaves of any master. They are not the lawful property of any owner. They are no more the property of those who hold them in duress than the man who is robbed is the property of the highwayman The opponents of the amendment, observed while in his power. Their detention is a wrong- that its advocates had acted the part of a physician ful, false imprisonment. In this very bill we de- who should tell his patient, you are in extreme clare it to be a high crime. By the same law we danger, you have a violent disease, it is necessary condemn the man-stealer and become the receiv- to do something. They had portrayed in vivid ers of his stolen goods. We punish the criminal, colors the nefarious nature of this traffic; but had and then step into his place, and complete the objected to the only practicable mode of arresting crime which he had only begun. We ourselves it, without even suggesting a substitute for it. do that which we prevent him from doing; that When asked what they will do with these people which he had crossed and recrossed the Atlantic, when brought among us, they answer they will at the hazard of his life and the sacrifice of his not dispose of them in this or that way, but will character and his conscience, to be enabled to do. leave them for future disposition. Some gentleWe sell his victims as slaves, receive the price of men had indeed undertaken to strike out a plan their slavery, and put it into the public treasury; for their further disposition, and recommended their and the vendee holds them and their children, deportation; others had objected to this course. from generation to generation, in perpetual sla- Some were for leaving them to the States, to very, by a title derived from our law. In short, which, too, others were opposed. What was the we assume to ourselves, as a Government, the ex-result of all this, but that gentlemen could not clusive right of selling slaves imported into the United States. It is very different from a case alluded to in the debate of a former day-the case of a judgment in favor of the United States against a debtor, on which, if a writ of execution agree among themselves on any other practicable plan than that contained in the bill? What was the natural conclusion, but that this was the only practicable plan that could be devised? The great object was to pass such laws to remedy the evil, as would be carried into effect where the evil existed. There was no difficulty in legislating so far as respected the direct trade of this country; So far, the revenue laws and armed ships would be effectual in prohibiting it. But the great difficulty arose from the indirect trade through the contiguous territories of adjacent Powers. To these points it became necessary to apply the remedy. What Charleston then was, it was probable that St. Mary's, the Mobile, and Ponchartrain, would become in relation to the slave trade, unless some strong provisions were devised to operate on the direct trade. If this provision were stricken out, it would be necessary to strike out another similar provision, in the next section, for the forfeiture of any slave found in the United States contrary to law; and where then would be the preventive from introducing them into the United States through the Spanish territories? There would be none. The vessel in which they shall be brought cannot be taken, because she will be bound to a Spanish port, and because she will sail under Spanish or Danish colors. The cargo will be landed in the Spanish territories within stone's throw of our own doors. The captain, the owner, and the vessel, will be safe in the Spanish dominions. Their owners will bring them to your line, and sell them with impunity to your citizens, and they will immediately mix among the slaves previously in the country. They demanded to know how, without a forfeiture of the people, their introduction into the United States was to be prevented. The penalties of twenty thousand and fifty thousand dollars, on the owner and seller, would be a nullity, as they were out of reach. Who then, in such circumstances, could be operated on, but the purchasers? There was the rub-it was their interest alone which, by being operated on, would produce a check. Snap their purse-strings, break open their strong box, deprive them of their slaves, and by destroying the temptation to buy, you put an end to the trade. But it might be said, if this business is left to the States, they may operate by their laws on the interest of the purchaser. But was it come to this? That Congress were so anxious to put an end to this nefarious trade, and yet were willing to leave its actual destruction to the several States? Could gentlemen insure the adoption of fit regulations by all the States? Were they prepared to rest the business on every State adopting these regulations, when the forbearance of a single State to pass the necessary laws would effectually prevent the redress of the evil? Some gentlemen appeared to think this evil would be effectually met by commercial and custom-house regulations. But the fact was, that nothing short of a forfeiture of the slave would afford an effectual remedy, the former would be like weaving a cage of cobwebs for a lion, whom nothing short of a cage of iron would confine. The Committee now rose, without coming to a decision on the amendment; and, on motion, the House adjourned. DECEMBER, 1806. WEDNESDAY, December 24. Mr. FINDLEY, from the Committee of Electionsto whom it was referred to examine the certifi cates of election, or other credentials, of members returned to serve in this House, made a report, in part, thereon; which was read, and ordered to lie on the table. Mr. DAWSON, from the committee appointed on the proprietors of squares and lots in the City of the eighteenth instant, presented a bill authorizing Washington, to have the same subdivided and admitted to record; which was read twice, and committed to a Committee of the Whole on Monday next. On motion of Mr. CLAIBORNE, the petition of Amy Dardin, presented to this House on the 27th of December, 1804, was referred to the committee appointed, on the eleventh instant, "to inquire whether any, and, if any, what, description of claims against the United States are barred by the statutes of limitation, which, in reason and justice, ought to be provided for by law." NATIONAL DEFENCE. the bill prohibiting the importation of slaves. Mr. EARLY called for the order of the day, on Mr. Fisk hoped the considération of this bill would be postponed, that the report of the committee on measures for the defence of the frontier might be taken up. He considered it high time to proceed to the consideration of this subject. The chairman of the select committee, (Mr. RANDOLPH,) had been attending for two days, and was now absent, he presumed, in consequence of the feeble state of his health. Mr. EARLY said he had no disposition to press his motion, in case other more important business required attention. On this point the House would decide for themselves. Having disagreed to the motion of Mr. EARLY ayes 20-the House agreed to consider the report of the select committee, called for by Mr. FISK, and went into Committee of the Whole on the report of the committee to whom was referred, on the third instant, so much of the Message of the President of the United States as relates "to the invasion of our territories by the troops of Spain, and the adoption of measures for the protection thereof." The first resolution having been read, as follows: 1. Resolved, That provision ought to be made by law to fortify and defend such position on the Mississippi, below the city of New Orleans, as the President of the United States shall designate for the protection of that city; and that further provision ought to be made by law for guarding the approaches to the same from the east ; Mr. Fisk observed, that the city of New Orleans was in such a situation as to require some additional fortifications. Those at present erected on the Mississippi were not in the most eligible position to guard the place; and it was also considered necessary that some measures should be taken to guard it against any hostile approaches from the east. Perhaps a small vessel and some DECEMBER, 1806. National Defence. H. OF R. There was good reason to believe, that there was a number of citizens of the United States willing to offer their services, sufficient to prevent any attack on the frontier, or any other attempt that might be made to disturb the peace of the nation. Offers, to a considerable extent, had been already made. There could be no objection to vesting the President with authority to accept these offers, as it was not intended to incur any expense until the volunteers were called into actual service. gunboats might be requisite, as well as some batteries, the expense of which would not be great. Mr. G. W. CAMPBELL observed, that very little need be said on this resolution. He would barely remark, in addition to what had been said by the gentleman from Vermont, that this subject had been considered as having been recommended by the President as proper to be taken up immedíately. There was at present no defence of the mouth of the Mississippi below New Orleans. That place was therefore greatly exposed from that Mr. C. added that the services of these volunquarter, and measures consequently became ne- teers might be fully depended on, to defend the cessary to guard it against the invasion of a for- country, in case any hostile attempt should be eign enemy, and from attacks that might be made made. Those who offered their services volunfrom our own country, if there existed any per- tarily, it would be admitted, were as worthy of sons that had harbored such a design. He under-reliance as men compelled to serve, or those who stood that some distance above the mouth of the served entirely from pecuniary considerations. river was contemplated as an eligible situation For these reasons he believed that no measures for fortification, at a point where there had been could be adopted, better calculated to repel invaa fort. but which had gone much to decay. It sion, or suppress any attempt that might be made would either be necessary to repair this fort, or against the peace of the nation. to erect another. He had also been informed that it was practicable for vessels of some burden to make an attack on New Orleans from the lakes, and thence the necessity of guarding the place against any attack from the east. The question was then put, and the resolution agreed to without a division. The second resolution was then read as follows: 2. Resolved, That the President of the United States be authorized to accept of any company or companies, of volunteers, either artillery, cavalry, or infantry, who may associate and offer themselves for the service, (not exceeding thousand men,) who shall be clothed and furnished with horses at their own expense, and armed, and otherwise equipped at the expense of the United States, except such of them as may choose to furnish their own arms, and whose commissioned officers shall be appointed by the respective State and Territorial authorities; who shall be liable to be called upon to do military duty at any time the President shall judge proper, within years after he shall accept the same; and when called into actual service, and whilst remaining in the same, shall be under the same rules and regulations, and be entitled to the same pay, rations, forage, and allowance for clothing, with the regular troops of the United States. Mr. G.. W. CAMPBELL said this resolution had been introduced for the purpose of putting into the hands of the Executive a disposable force, which might be called out at a moment's notice, whenever the exigency of affairs might require it. By an act of the last session, the President had been authorized to call on the Executives of the several States for a detachment of the militia, and he was authorized to accept of volunteers as a part of the detachment. But that act did not authorize the President to accept the volunteers until such detachment should be called forth. This restriction had produced considerable inconvenience. It had left the Government without any organized force, until the detachment was called out. By the present resolution the President was authorized to receive the offers of the volunteer companies, that they might be organized, and be ready to enter into actual service at any moment. Mr. DANA said, he observed that the chairman of the select committee had addressed a letter to the Secretary of War, requesting information with regard to the number of troops in the Army of the United States; to which an answer had been given by the Secretary, stating their amount, and the different stations at which they were posted. Mr. D. said, he wished to know whether there to decide this point, he called for the reading of was any necessity for any additional force, and the law fixing the Military Establishment. This law having been read, Mr. D. remarked, that the law was silent as to the amount of the Marine corps. He would wish some gentleman, acquainted with the subject, to give him this information. Mr. G. W. CAMPBELL said he would barely observe that the Message of the President, who must be considered as best acquainted with the situation of our troops, and such measures as are necessary to secure the frontiers, had stated the necessity of adopting measures to organize the militia that might be called out, or of obtaining volunteers. [Mr. C. here quoted from the President Message.] It would seem, upon this, that he meant to intimate the necessity of adopting such a measure, as was contemplated by the resolution. As to the information received from the Secretary of War, Mr. C. presumed every gentleman could estimate the number on the frontiers as well as the Secretary, as he advised us where the others were stationed, as well as that all the corps were nearly full. Mr. DANA said he would freely acknowledge that one of the objects, which induced him to rise, was to obtain information as to the state of affairs, and the means we possessed of securing the country. He did suppose the House entitled to this information. He did suppose it proper for the Secretary of War to say what troops were in actual service. It required but superficial knowledge to know that the number of troops on paper were very different from the number of active troops. The last was what he wanted. Gentle |