H. OFR.]

Fortifications.

[FEBRUARY, 1794.

He sus

The Committee now rose without coming to any decision.

TUESDAY, February 11.

The House resolved itself into a Committee of the

them against Algiers. He adverted to the nume- vindicate such pusillanimous measures. rous dangers to which they were exposed by sea, pected that they were at bottom friends to Moat such an immense distance from their own narchy, and wished to bring it back again. He country. It had been said by a gentleman [Mr. then proceeded to demonstrate that America DEXTER] who, whenever he happened to be in the would lose infinitely more by the rise of insurwrong, had a very happy talent at making him-ance, than she would save by setting aside this self appear to be in the right, that the inconveni- armament. He closed by once more asking, wheence of seas and tempests would be no greater to ther the United States could not perform that with the Americans than to the Algerines. But the six ships which the Queen of Portugal had permember had overlooked this great difference: that formed with three? the latter, if any accident befel them which required a friendly port, were not far from home; whereas, the former had to sail 3,000 miles. A gentleman [Mr. S. SMITH] had mentioned several harbors of France, Spain, and Portugal, to which the American frigates might retire, if they wanted repairs. He was not sure that they would be welcome at present in the ports of either Spain or Portugal. As to France, from the measures that we seem lately to pursue, it is very uncertain whether she would much longer give the American flag a friendly reception. Gibraltar had likewise been held out as a place where the intended fleet might be sure of a hospitable retreat. But this, likewise, he thought very doubtful. He considered navies altogether as very foolish things. An immense quantity of property was spread on the water for no purpose whatever, which might have been employed by land to the best purpose. The old Government of France had been ruined in a great measure by the expenses of its navy. England groaned under a great part of her immense load of taxes from the same cause. He was persuaded that four frigates would not even form an additional motive to make the Regency of Algiers conclude a peace. He was afraid the Algerines would laugh at them.

Mr. S. SMITH said it was a singular example of integrity, in the present age, and would be the wonder of posterity, that Captain O'Brien and Captain Stephens never had accepted of any of fers from the Algerines. We have now been told that eleven ships are taken. Some of these are not commanded by natives of America, and it cannot be surprising if renegadoes are found among them. Portugal, with only three ships, had blocked up the corsairs: what, then, was to hinder America from accomplishing the same end with six ships? Where Portugal has one ship on the ocean, America has ten. She is, therefore, ten times as able as Portugal to beat the Algerines; and yet we are told that she cannot do it. He had one objection to the fleet: he wished that the two 20-gun ships had been made to carry 36 guns, as he fancied, from the shortness of their keels, that they would not be able to keep up with the 44-gun vessels. He said that the Algerines had no place of shelter till they got home, as they were not admitted into the harbors of any other nation. He asked, who would join this country, when we declared that we could do nothing? It was disgraceful to Republicans to be in such a situation. He was sure that this defenceless state was contrary to the maxims of the Republics of all former ages. He was sorry, when he heard gentlemen who called themselves Republicans,

Whole House, on the bill for extending the time for transmitting the oaths of absent owners of vessels, and for the relief of Thomas Jenkins and Sons; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made an amendment thereto; which was twice read, and agreed to by the House.

Ordered, That the said bill, with the amendment, be engrossed, and read the third time to

morrow.

presented a bill for the remission of the duties Mr. VENABLE, from the committee appointed, arising on the tonnage of sundry French vessels ed States; which was read twice and committed. which have taken refuge in the ports of the Unit

Mr. TRUMBULL, from the committee to whom were referred the memorials of the people called Island, in the year 1793; of the delegates from the Quakers, at their yearly meeting, held in Rhode several Societies for promoting the Abolition of Slavery, in convention assembled at Philadelphia, on the first day of January last; and of the Providence Society for abolishing the Slave Trade, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Monday next.

FORTIFICATIONS.

A report was read from the committee appointed to inquire into the state of the fortifications of the ports and harbors of the United States.

It was moved and agreed to read the report a second time. The committee had not been able to complete their investigation; but, in the meantime, they recommended that the sum of dollars should be assigned for the security of the harbor of Norfolk.

Mr. DAYTON objected to the adopting this motion without due consideration.

Mr. TRACY moved that the subject should be referred to a Committee of the Whole House; which was agreed to, and the House again resolved itself into a Committee of the Whole on the state of the Union.

Mr. TRACY had wished for more information. He supposed that the Committee would report nothing but authentic facts; yet gentlemen had objected to the report, as not well grounded. He thought the committee right in the measure which they pointed out. If we are not able to defend

FEBRUARY, 1794.]

Fortifications.

[H. of R.

committee, add at least the ordinary excess in the execution, in the proportion which experience in such cases suggests. Add, also, the insurance on the fleet itself, which is a fair and very important

On the other side of the account, separate the West India trade, which is out of the Algerine risk, from the rest of the trade; and the trade to Spain, Portugal, and the more Southern parts, which is subject to a greater, from the trade to the Northern parts of Europe, which is subject to a much less, if to any risk.

ourselves, we must give up the trade; and if the
interposition of Britain was a proper reason for
not pushing the Algerine business, the same argu-
ment was sufficient for giving up the Western
frontiers, because the Indians were said to be as-item in the expense.
sisted by the British. In the same way are we to
give up the sea, because Britain may possibly
assist the Algerines, as well as the Indians? Are
we not to defend ourselves? Are we not to guard
against the one as well as the other? Are we to
recal our militia from the frontiers? It is said
that there is no danger on the sea-coast from the
Algerines, and therefore we have no occasion for
ships of war. But if we lay down our muskets,
are we in no danger from the Indians? A mem-
ber has just now stated, that an English ship of
war had behaved at Norfolk with the greatest
insolence. This shows how improper it is to be
exposed. If we cannot defend our commerce, give
it up. Why should people try to walk who can-
not stand? Tne objectors against the armament
are peany-wise and pound-foolish. He thought it
a sorry compliment to the good sense of the Unit-
ed States, of the Congress, and the Legislature, to
say, that if we build six ships this year, we must
never stop till we build one or two hundred.

The return of exports for 1791, is-
To the West Indies

To Spain and Portugal, &c.
To North of Europe

6,566,489 2,454,397

8,550,665

$17,571,551

No return of imports being at hand for the same
year, take the preceding year, for which the
amount of some branches is known,
and call it

From the West Indies
From Spain and Portugal
From more Southern places
From North of Europe

Exports and imports to and from the
West Indies

$20,000,000

4,000,000

930,873

1,000,000

15,000,000

10,566,489

Mr. T. complained of the perpetual allusions, in the business of the House, to the banking and funding systems. Gentlemen should have his very humble thanks, if they would argue the question On this, the extra insurance, on account of the on its own grounds. He had for some time doubted Algerine risk, if there be any, ought to be calwhether it might not be for the advantage of Go-culated, as also on the value of the tonnage emvernment to tell people, at once, to defend them-ployed. selves, as they could expect no protection from this country. Upon the whole, Mr. T. was of opinion, that this country was so circumstanced as to require the people to arm themselves; unless gentlemen would propose some other or better remedy for repelling the injuries we sustain.

Exports to and from Spain and Portu-
gal -

- $3,454,397
Deduct what will continue to go in
neutral vessels.

Deduct from balance the proportion of
winter freights when Algerines are

not out.

Calculate on the final balance only the extra insurance.

Exports and imports to and from North
of Europe

Mr. FITZSIMONS defended the report of the committee. They had gone upon good ground in proposing a naval armament, and he mentioned facts to prove that they had not gone by their own opinions. He observed that the force of Algiers was not increased since the independence of the Unit-Deduct the large proportion that will ed States, and that therefore their present operations could not be viewed as more particularly aimed at America than formerly. They do not want our provisions or our ships; plunder alone is their object; general plunder.

continue to go in neutral vessels. Deduct from the balance the proportion of winter freights.

$23,545,703

Mr. MADISON said, attempts had been made to reduce the present question to a pecuniary criterion. This might be thought conclusive, if it could Deduct for winter voyages. be done with due accuracy. The calculations Calculate on the balance only the extra insurwhich had been made could never be satisfactory.ance on the value of the vessels. To make them so, there ought to be a full state- Tonnage to and from North of Eument of the amount the armament would cost, and the expense it would save in its effect on insurance. These statements must necessarily be made up so much of conjecture, that they could not lead to a very definite result. It might be of some use, however, in preventing error, to understand the true principles and grounds on which they ought to be formed, and which were conceived to be the following:

To the expense of the fleet, as estimated by the

Deduct for winter voyages.

Calculate on the balance only the extra insurance.

From the sum of these extra insurances, deduct the proportion that will remain, notwithstanding the equipment of the fleet, and which will consequently not be saved by the expense of it.

Mr. M. replied to several of the arguments of the gentlemen who were in favor of the resolu

H. OF R.]

Proceedings.

[FEBRUARY, 1794.

tions. He went into some minute details respect-ment, be recommitted to Mr. VENABLE, Mr. TALing trade and commerce; and, particularly, re- BOT, and Mr. LYMAN. marked, that there was not any security for Portugal's renewing the truce with Algiers after the present term should expire.

The House again resolved itself into a Committee of the Whole House on the report of the committee appointed to report whether any, and what alterations or amendments are, in their opinion, necessary to the act "to establish the Post Office and Post Roads of the United States;" and, after some time spent therein, the Committee rose and reported progress.

THURSDAY, February 13.

Mr. GOODHUE. The gentleman [Mr. MADISON] last up, from Virginia, as well as most others on his side of the question, have rested their chief argument against the equipment proposed in the resolution before us, on the probability that Spain and Portugal will, after the present war in Europe is over, find themselves under the necessity of restraining the depredations of the Algerine corsairs on our trade, from the want they will always be in for the productions of this country for their subsistence. That they will be in want of the productions of this country, and that they cannot well do without them, is granted; but can we doubt it would be good policy in Great Britain to continue the Algerines in peace with Spain and Portugal, and in hostility with us, in order that their ships, instead of ours, might be the carriers of those of our articles to Spain and Portugal which are so much wanted? This would be increasing the British carrying trade at our expense indeed. Spain and Portugal would not care what ships brought these articles, so that they had a supply. It is in vain, Mr. Chairman, that we pretend to be friends to the trade and navigation of this country, while we refuse to protect it. The merchants know it is within our ability to protect it against the Algerine corsairs, and unless we attempt it, they will justly think themselves neglected. And what will their language be?-that you have spent The House again resolved itself into a Commitmore than a million of dollars annually, for seve- tee of the Whole House on the report of the comral years, in the protection of our frontiers, and mittee appointed to report whether any, and what when commerce, the source of all our reve-alterations or amendments are, in their opinion, nue, is attacked, you deny it any kind of protec- necessary to the act "to establish the Post Office tion. Surely this is so unjust and impolitic, that and Post Roads within the United States;" and, it cannot be expected they will put up with it. after some time spent therein, the Committee rose and reported progress.

A petition of Thomas Walley, William Tudor, William Payne, and John M'Lean, of Boston, in the State of Massachusetts, was presented to the House, and read, praying that an additional duty may be imposed on the importation of window glass, or such encouragement given to the manufacture of the said article within the United States, as to the wisdom of Congress shall seem meet.

now,

Mr. HARRISON was against the report; and Mr. MURRAY protracted the debate some minutes longer, by speaking against Mr. MADISON. At length the question was called for, when there arose in favor of the report 47, against it 45.

Mr. NEW brought in a report from the committee on the situation of the people from St. Domingo. The House then adjourned.

WEDNESDAY, February 12.

An engrossed bill for extending the time for transmitting the oaths of absent owners of vessels, and for the relief of Thomas Jenkins and Sons, was read the third time and passed.

The House resolved itself into a Committee of the Whole House on the bill for the remission of the duties arising on the tonnage of sundry French vessels, which have taken refuge in the ports of the United States; and after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made an amendment thereto; which was twice read, and agreed to by the House.

Ordered, That the said bill, with the amend

Ordered, That the said petition be referred to Mr. WATTS, Mr. Corr, and Mr. HINDMAN, to whom were referred the several memorials and petitions of the manufacturers of paint, in the towns of Baltimore and Alexandria; of the dealers in oil and painters' colors; of Thomas Pearsall, and Elijah Pell; of Thomas Perkins and Company; and of Samuel Swann; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House; and that Mr. DEXTER, Mr. GILES, Mr. DAYTON, and Mr. PAGE, be added to the said committee.

Mr. HEATH, from the committee to whom was referred the report of the Secretary of the Treasury on the memorial of Winthrop Sargent, made a report; which was read, and ordered to lie on the table.

The order of the day for the House to resolve itself into a Committee of the Whole House on the report of the Standing Committee of Elections, in the case of the petition of Henry Latimer, complaining of an undue election and return of JOHN PATTON, the member returned to serve in this House for the State of Delaware, being called for,

Resolved, That the Committee of the Whole House be discharged from proceeding thereon, and that the hearing on the trial of the said contested election be now proceeded on in the House.

Ordered, That the petitioner, on his prayer, be admitted to the bar of the House, to be heard in support of the allegations of his petition.

The House then proceeded to the hearing on the trial of the said contested election; and the depositions and other exhibits being partly read, as, also, the observations in writing of the sitting member thereupon, an adjournment was called for; whereupon,

FEBRUARY, 1794.]

Contested Election.

[H. OF R

Ordered, That all further proceedings on the taining this doubt, I can have none respecting the said hearing be adjourned until to-morrow.

FRIDAY, February 14.

question now before us, viz: "Is the petitioner entitled to a seat ?"-for I cannnot construe the Constitution of the United States, or the law of Dela

A petition of M'Clallen, MacGregor, and Com-ware, so rigidly, as to think that we should call pany, of Albany, in the State of New York, was presented to the House and read, praying that an additional duty may be imposed on the importation of glass, or such encouragement given to the manufacture of the said article within the United States, as to the wisdom of Congress shall seem Ordered, That the said petition be referred to Mr. WATTS, Mr. Corr, Mr. HINDMAN, Mr. DEXTER, Mr. GILES, Mr. DAYTON, and Mr. PAGE; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the

meet.

ty; by which construction alone the House has illegal the sixty-eight votes given in Sussex Coundeclared Mr. PATTON not entitled to a seat-on which alone the petitioner, Mr. LATIMER, can found his claim. Had there been any violation of the law, of such a nature as tended to introduce corrupt elections, or to diminish the right of free suffrages, I should, with pleasure, give my voice future. But here is merely an act of freemen, perto disgrace and render null any such conduct in fectly compatible with their immutable, inalienable privileges; not inconsistent with the law of their State, but merely falling short of a provision in a law, calculated, it is said, to secure to them DELAWARE CONTESTED ELECTION. the full benefit of that inestimable privilege. I The House resumed the hearing on the trial of cannot, therefore, think, sir, that on such slight the contested election in the case of the petition of grounds, we ought to reject a member, elected HENRY LATIMER, complaining of an undue elec-by the freemen of Delaware, and duly returned; tion and return of JOHN PATTON, the member re- but should go on, and admit to a seat in this House turned to serve in this House for the State of a person not returned, and if returned, not having Delaware; and the depositions and other exhibits a majority of votes. In the case of the Georgia in the said case being fully read, the parties re-election, I voted for the reception of the petitioner, tired from the bar.

House.

The House then proceeded to a decision on the said contested election; and, after debate thereon, Amotion was made and seconded that the House do agree to the following resolution:

Mr. PAGE said: I confess I doubt whether the sixty-eight freemen of Sussex ought to be deprived of the votes which they gave, merely because they did not vote for two persons instead of one; for I think the law, which must have been intended to secure their rights as electors, could not deprive them of their suffrage. The Constitution of the United States, it is true, gives the State Legislatures a right to regulate the time, place, and manner of holding elections; but I cannot prevail on myself to think that the words, " "the manner of holding elections," ought to be construed to extend to the words of the election law of the State of Delaware, so as to render the conduct of the sixtyeight freemen of Sussex a violation of that law; or, if it be a violation thereof, that the violation is of such a nature as to deprive them of a right which no law can abrogate; a right which should be held as sacred, and which it cannot become this House to diminish in the smallest degree. Thinking thus, sir, I doubted of the propriety of the vote which the House has given on the first question before it, viz: "that the sitting member is not entitled to a seat in this House." Enter

because he incontestibly proved (to my satisfac-
tion at least) that he had a majority of legal votes,
and that the sitting member had been returned by
means of corruption, which the State endeavored
to chastise and stigmatize. The Executive of that
State showed an anxiety to support the claim of
the petitioner. In the present case, there is no
corruption proved or insinuated; no interference
of the State; and a legal return, which, I suppose,
was founded on such construction as I have put
on the Constitution of the United States and the
law of Delaware. The House, in the case of the
Georgia election, differed from my opinion, and
established (as some gentlemen called it) a prece-
dent, which would keep the House clear from
suspicions of partiality, and which I wish now to
be observed. I acknowledge, excluding a member
may be attended with inconvenience, but a double
inconvenience may arise by depriving the citizens
of a Representative-the man of their choice
and, at the same time, forcing on them one for
whom a majority did not vote. For these reasons
I shall vote against the resolutions.

tive-yeas 57, nays 31, as follows:
The question was then resolved in the affirma-

YEAS.-Fisher Ames, James Armstrong, John Beat-
ty, Shearjashub Bourne, Benjamin Bourne, Lambert
Coffin, Joshua Coit, Isaac Coles, Jonathan Dayton,
Cadwalader, Thomas Claiborne, David Cobb, Peleg
Henry Dearborn, George Dent, Samuel Dexter, Thomas
Fitzsimons, Dwight Foster, Ezekiel Gilbert, Nicholas
Gilman, Henry Glenn, Benjamin Goodhue, James Gor
don, Andrew Gregg, Samuel Griffin, William Barry
Grove, Thomas Hartley, William Hindman, Samuel
Holten, John Hunter, William Irvine, John Wilkes
Kittera, Amasa Learned, Richard Bland Lee, Nathaniel
Macon, James Madison, Francis Malbone, William
Vans Murray, Francis Preston, Thomas Scott, Theo-
dore Sedgwick, John S. Sherburne, Jeremiah Smith,

Post Office Bill.

Samuel Smith, William Smith, Thomas Sprigg, Zepha- | large towns, must convey more complete informaniah Swift, Silas Talbot, George Thatcher, Uriah Tracy, Thomas Tredwell, Jonathan Trumbull, John E. Van Allen, Philip Van Cortlandt, Peter Van Gaasbeck, Peleg Wadsworth, Richard Winn, and Joseph Winston. NAYS.-Theodorus Bailey, Abraham Baldwin, Thomas Blount, Thomas P. Carnes, Gabriel Christie, Wil