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H. of R.]
(JULY, 1797. but he expressed his intention of renewing the, in the merchant service. He, therefore, would proposition when the bill came in.
take the calculation of the gentleman from The question then returned upon the original South Carolina, (Mr. HARPER,) made yesterday, resolution; when
and, instead of calling the amount of drawback Mr. HARPER went at length into a defence of allowed $90,000, he would state it to be $78,000; the measure, (in the course of which he charged and even then, he said, the drawback at present Mr. GALLATIN with being mistaken $12,000 as allowed would exceed by two thousand dollars Ito the amount of the drawback allowed,) and the drawback to which they would be entitled, insisted that it was a fair and proper tax, and if the present duty took place. that so small an advance upon the present duty He spoke generally against the tax as opprescould not operate oppressively upon any part sive to the back country; but if the gentleman of the community.
from Massachusetts, and others, were deterMr. Nicholas followed in opposition. He mined to increase the tax, he should wish their dwelt considerably on the unjust and unequal part of the country to pay their share of it. manner in which this tax would operate. He This motion was supported by Messrs. VENAsaid he did not view this question as deciding BLE, NICHOLAS, CLAY, MODOWELL, and Macon. merely whether an additional tax of eight cents It was opposed by Messrs. SEWALI, OTIS, should be laid upon salt; but whether that HARPER, COIT, BROOKS, KITTERA, J. WILLIAMS, necessary of life should be called upon for every and DAYTON. thing Government should want. He was in The calculation of the quantity of salt estifavor of a direct tax, which should fall equally, | mated to be necessary to be used for a quintal though it might, in the origin, be attended with of fish, (one bushel,) was said to be stated too some considerable expense; but, if they went low; that the sum allowed was not only meant on raising partial sums in this way by indirect as a drawback of the duty, but also as a bounty means, the expense of instituting a direct tax on the fishing trade as being a nursery for would always be an obstacle, and indirect taxes seamen, and serving as a kind of naval militia would always be had recourse to. He did not for the United States. believe it to be absolutely necessary to provide If it should appear, however, that the present a revenue this session, as he believed money allowance was too great, (which, by some genmight as well be borrowed without as with tlemen in favor of this motion, which was in additional revenue, and, at the next session, the blank, seemed to be acknowledged,) a less allowsubject could be fully gone into.
ance might be made in this bill; but they could Mr. Lyon spoke of the discontent which had not consent to the bill passing without a drawalways been shown in the part of the country back. from whence he came, which, he said, would be The question for striking out the clause was greatly increased by this addition. It was not taken, and negatived-49 to 41. only a duty of eight cents, every cent would be Mr. Coit moved to fill the blank with 50 per made four before the salt reached them. There cent., instead of 66%, which was the drawback was no kind of tax which his constituents would allowed by the present law. not sooner bear. It had been said that a land Mr. HARTLEY thought this sum too high. tax would cost twenty-five per cent. to collect Mr. WILLIAMS moved 33. per cent. which was it; but what was twenty-five compared with carried without a division. three hundred per cent.? Nor did he believe Mr. NICHOLAS moved a limitation clause, to this tax would prevent a land tax. He believed continue the act in force for two years, and they should go on taxing the people until they from thence to the end of the next session of would be greatly dissatisfied. He would much Congress. rather a tax of eight cents was laid apon tea, This motion was carried-42 to 39. which would produce an equal sum.
The committee rose, and the House agreed to The question was taken by yeas and nays, and the amendments. The yeas and nays were decided in the affirmative-47 to 41.
called upon the limitation clause, and were
taken, and stood-yeas 47, nays 43. WEDNESDAY, July 5.
The bill was ordered to be engrossed for a Duty on Salt.
third reading this day; and before the House
rose, it received it, and passed. The yeas and The House went into Committee of the Whole on the bill for laying an additional duty on
nays on its passage stood 45 to 40, as follows: salt; when
YEAS.—John Allen, James A. Bayard, David Mr. GALLATIN moved to strike out all that
Brooks, Stephen Bullock, John Chapman, Christopher related to the allowing of a drawback to vessels
G. Champlin, Joshua Coit, William Craik, Samuel employed in the fishing trade, on the ground
W. Dåna, James Davenport, John Dennis, George
Dent, Thomas Evans, Abiel Foster, Dwight Foster, that he yesterday stated, viz: that the allow
Jonathan Freeman, Henry Glenn, Chauncey Goodrich, ance at present made was too large by $40,000 Roger Griswold. Robert Goodloe Harper. William a year, taking the year 1794 for his data; but Hindman, Hezekiah L. Hosmer. James H. Imlay, it appeared that in the year 1795 there was a John Wilkes Kittera, Samuel Lyman, William Matdeficiency in that trade, owing principally, it thewe, Lewis R. Morris, Harrison G. Otis, Elisha R was supposed, to the great demand for seamen | Potter, John Read, John Rutledge, jun., James
[H. OF R. Schureman, Samuel Sewall, William Shepard, Thomas always been thought sufficient in the LegislaSinnickson, Samuel Sitgreaves, Jeremiah Smith, Na- ture of Pennsylvania, in which State there was thaniel Smith, William Smith, (of Charleston,) John a greater proportion of Germans than in any Swanwick, George Thatcher, Mark Thompson, John
other. There was also another objection to the E. Van Allen, Peleg Wadsworth, and John Williams.
measure. If it were to be passed, it must be NAY&.-Abraham Baldwin, David Bard, Lemuel
accompanied with an appropriation law, which Benton, Thomas Blount, Richard Brent, Nathan
the advanced state of the session would not Bryan, Dempsey Burges, Samuel J. Cabell, Thomas Claiborne, Matthew Clay, John Clopton, Thomas T.
admit. Davis, John Dawson, Lucas Elmendorph, John Fow
The resolution was put and negatived. ler, Albert Gallatin, James Gillespie, Wm. B. Grove, John A. Hanna, Jonathan N. Havens, David Holmes,
MONDAY, July 10. Walter Jones, Matthew Locke, Matthew Lyon, Na
On motion of Mr. Dext, a committee was thaniel Macon, Blair McClenachan, Joseph McDowell,
appointed to wait upon the PRESIDENT OF THE John Milledge, Daniel Morgan, Anthony New, John i
UNITED STATEs, in conjunction with a like comNicholas, Thompson J. Skinner, William Smith, (of Pinckney District,) Richard Sprigg, jun., Richard
mittee from the Senate, to inform him the Stanford, Thomas Sumter, Abram Trigg, John Trigg,
two Houses were about to adjourn. The comJoseph B. Varnum, and Robert Williams.
mittee waited upon the PRESIDENT accordingly, and reported his acquiescence, and his good
wishes for the safe arrival of the members at SATURDAY, July 8.
their several hcles. Larcs in the German Language.
On motion of Mr. SITGREAVES, the resolution Mr. HOLMEs said that he thought it necessary,
entered into some time ago, calling upon the
PRESIDENT for an account of the quantity of in order to enforce a general compliance with
arms in the possession of the United States, and the laws of the United States, that they should
at what place they were lodged, was suspended. be printed in the German language, as well as
Mr. S. said, he wished to make a report upon in the English, since there were very many in
a subject which would require the galleries to habitants in this country who could read no other. He therefore proposed a resolution to
be cleared. He, therefore, moved that they be
cleared, and the doors were closed for the rcthe following effect:
mainder of the sitting, at the conclusion of "Resolved by the Senate and House of Representa- | which the House adjourned till the second times of the United States, That a number of copies | Monday in November next.* of the laws of this session, not exceeding eight thousand copies, shall be printed in the German language, * This extra session having been called on account of exand distributed by the Secretary of State amongst the
pected hostilities with the French Republic, the labors of Executives of the several States, for the information
Congress were consequently limited to the two objects of of the German inhabitants of each State respec
defence and revenue-preparation for defence, and providing tirely."
the additional revenno which the defence required. Both Mr. Lyon thought it would be proper to pass objects were accomplished. The three frigates--Constitu& resolution of this kind. He did not know tion, Constellation and United States, which afterwards what number might be necessary. He also earned themselves a place in history-were finished and thought that some measures should be taken for manned. A detachment of 80,000 milítia was authorized. A å general publication of their laws in the Eng- stamp duty was imposed--a loan authorized-und the salt fish language ; at present, it was merely by tax increased: the latter as a temporary measure, and with chance if the people in his district came to a an express clause against continuance, without which it could knowledge of them. He thought all laws of not have passed, and in contravention of which it was congeneral import should be inserted in every
tinued. Defence was the great object of the session: invaDewspaper throughout the Union.
sion the danger: and its repulse by sea and land the remedy,
Preparation against invasion was, at that time, a proper Mr. Coit said if they were to promulge their
policy: the progress of science, and of the arts of peace, has laws in the German language, it would be neces
superseded such policy in our day. The electric telegraph, sary that they should all become critically ac
and the steam car, have opened a new era in defensive war. quainted with it, for if they were to authorize Accumulated masses of volunteers, summoned by electricity any translation, great mischiefs might arise from
and transported by steam, rushed upon the invaded point its not being correct.
and giving incessant attacks with fresh arrivals, would ex. Wr. GALLATIN said that the weight of the ob- terminate any invading force; and give the cheap, effective jection urged by the gentleman last up, had l and extemporaneous defence which the exigency required.
FIFTH CONGRESS.—SECOND SESSION.
BEGUN AT THE CITY OF PHILADELPHIA, NOVEMBER 13, 1797.
PROCEEDINGS IN THE SENATE.
Monday, November 13, 1797.
The number of members present not being The second session of the fifth Congress of sufficient to constitute & quorum, the Senate the United States commenced this day, at the adjourned. city of Philadelphia, conformably to law; and the Senate assembled accordingly in their Cham
Saturday, November 18. ber.
1. No quorum being present, the Senate adPRESENT:
MONDAY, November 20.
JAMES GUNN, from the State of Georgia, atWILLIAM BINGHAM, from Pennsylvania.
tended. HUMPHREY MARSHALL, from Kentucky. No quorum being present, adjourned.
ALEXANDER MARTIN and TIMOTHY BLOODWORTH, from North Carolina.
TUESDAY, November 21. JACOB READ, from South Carolina.
Ray GREENE, appointed a Senator by the The number of members present not being State of Rhode Island, in the place of William sufficient to constitute a quorum, the Senate Bradford, resigned, produced his credentials. adjourned to 11 o'clock to-morrow morning. Richard STOCKTON, from the State of New
No quorum being present, the Senate adJOHN LAURANCE, from the State of New York | Journed. and HENRY LATIMER, from the State of Dela
WEDNESDAY, November 22. ware, severally attended. The number of members present not being
The VICE PRESIDENT being absent, the Senate sufficient to constitute a quorum, the Senate Pr
rom the Senate proceeded to the choice of a President pro tem. adjourned.
pore, as the constitution provides; and JACOB
READ' was duly elected.
JOSEPH ANDERSON, appointed a Senator by
the State of Tennessee, for the remainder of the BENJAMIN GOODHUE, from the State of Mas-term which the late Senator WILLIAM BLOUNT sachusetts, attended.
had drawn, and was entitled to have served, The number of members present not being produced his credentials; which were read. sufficient to constitute a quorum, the Senate NATHANIEL CHIPMAN, appointed a Senator adjourned.
| by the State of Vermont, in the place of Isaac
TICHENOR, elected Governor, produced his creTHURSDAY, November 16.
dentials; which were read. The Sonate assembled, and the number of The credentials of Ray GREENE were read. members present not being sufficient to consti- ANDREW JACKSON, appointed a Senator by tute a quorum, the Senate adjourned.
the State of Tennessee, produced his credentials; | which were read.
The oath required by law was administered Friday, November 17.
by the PRESIDENT, to Messrs. ANDERSON, CHIPJOHN LANGDON, from the State of New Hamp- MAN, GREENE, and JACKSON, they having sevshire, attended.
erally taken their seats in the Senate.
(SENATE. A message from the House of Representatives, expense, and add to the calamities of the inhabitants informed the Senate, that a quorum of the of this city, whose sufferings must have excited the House is assembled, and ready to proceed to sympathy of all their fellow-citizens. Therefore, after business.
taking measures to ascertain the state and decline of Ordered, That the Secretary acquaint the
the sickness, I postponed my determination, having House of Representatives that a quorum of the
hopes, now happily realized, that, without bazard to Senate is assembled, and are ready to proceed
the lives or health of the members, Congress might
assemble at this place, where it was next by law to to business; and that, in the absence of the
meet. I submit, however, to your consideration, Vice-PR ESIDENT, they have elected Jacob READ,
whether a power to postpone the meeting of Congress, President of the Senate pro tempore.
without passing the time fixed by the constitution, Resoloed, That each Senator be supplied, dur
upon such occasions, would not be a useful amending the present session, with copies of three such ment to the law of one thousand seven hundred and newspapers, printed in any of the States, as he ninety-four. may choose, provided that the same are fur Although I cannot yet congratulate you on the renished at the rate of the usual annual charge establishment of peace in Europe, and the restoration for such papers.
of security to the persons and properties of our citizens A message from the House of Representatives from injustice and violence at sea, we have nevertheinformed the Senate, that the House have ap less abundant cause of gratitude to the Source of pointed a joint committee on their part, together Benevolence and Influence, for interior tranquillity with such committee as the Senate may appoint,
and personal security, for propitious seasons, prosperto wait on the Pe ESIDENT OF THE UNITED STATES,
ous agriculture, productive fisheries, and general im
provements; and, above all, for a rational spirit of and notify him that a quorum of the two Houses
civil and religious liberty, and a calm, but steady is assembled, and ready to receive any commu
determination to support our sovereignty, as well as nications that he may be pleased to make to
our moral and religious principles, against all open them.
and secret attacks. Resolved. That the Senate do concur in the Our Envoys Extraordinary to the French Repi appointment of a joint committee, and that embarked, one in July, the other early in August, to Messrs. BINGHAM and TRACY be the committee join their colleague in Holland. I have received on the part of the Senate.
intelligence of the arrival of both of them in Holland, Ralced. That two Chaplains be appointed from whence they all proceeded on their journey to to Congress for the present session, one by each Paris, within a few days of the nineteenth of SeptemHouse, who shall interchange weekly; and that ber. Whatever may be the result of this mission, I the Right Rev. Bishop WHITE be Chaplain on
trust that nothing will have been omitted on my part, the part of the Senate.
to conduct the negotiation to a successful conclusion, Mr. BINGHAM reported, from the joint com
on such equitable terms as may be compatible with mittee, that they had waited on the PRESIDENT
the safety, honor, and interests of the United States.
Nothing, in the mean time, will contribute so much to OF THE UNITED STATES, and had notified him
the preservation of peace, and the attainment of justhat a quorum of the two Houses is assembled;
tice, as a manifestation of that energy and ununimity and that the PRESIDENT OF THE UNITED STATES
of which, on many former occasions, the people of the acquainted the committee that he would meet
United States have given such memorable proofs, and the two Houses, in the Representatives' Cham
the exertion of those resources for national defence, ber, at 12 o'clock to-morrow.
which a beneficent Providence has kindly placed within their power.
It may be confidently asserted, that nothing has THURSDAY, November 23.
occurred since the adjournment of Congress, which A message from the House of Representatives renders inexpedient those precautionary measures informed the Senate that the House are now recommended by me to the consideration of the two ready to meet the Senate in the Chamber of Houses, at the opening of your late extraordinary that House, to receive such communications as session. If that system was then prudent, it is more the PRESIDENT OF THE UNITED STATES shall so now, as increasing depredations strengthen the please to make them.
reasons for its adoption. The Senate then repaired to the Chamber of
Indeed, whatever may be the issue of the negotiathe House of Representatives for the purpose
tion with France, and whether the war in Europe is
or is not to continue, I hold it most certain that perabove espressed. The Senate returned to their own Chamber,
fect tranquillity and order will not soon be obtained.
The state of society has so long been disturbed; the and a copy of the Speech of the PRESIDENT OF
sense of moral and religious obligations so much THE UNITED STATES, this day addressed to both
weakened; public faith and national honor have been Houses of Congress, was read:
so impaired; respect to treaties has been so diminGademen of the Senate, and
ished, and the law of nations has lost so much of its Gentlemen of the House of Representatives : I was tor some time apprehensive that it would be * An illustrious mission, nationally composed of the most Decessary, on account of the contagious sickness which eminent citizens, three in number, and taken from different siflicted the city of Philadelphia, to contene the Na- parts of the Union, and from both political parties: Charles tional Legislature at some other place. This measure Cotesworth Pinckney, from South Carolina; John Marshall, it was desirable to avoid, because it would occasion from Virginia; Elbridge Gerry, from Massachusetts-tho mach public inconvenience, and a considerable public two first federal; Mr. Gerry, repablican.
(NOVEMBER, 1797. force; while pride, ambition, avarice, and violence, 1 opinion, that actual surveys of both rivers to their have been so long unrestrained, there remains no rea- sources, were necessary, gave the agents of the two sonable ground on which to raise an expectation, i nations instructions for that purpose, and adjourned that a commerce, without protection or defence, will to meet at Boston in August; they met; but the not be plundered.
surveys, requiring more time than had been supposed, The commerce of the United States is essential, if and not being then completed, the Commissioners not to their existence, at least to their comfort, their again adjourned to meet at Providence, in the State growth, prosperity, and happiness. The genius, char- of Rhode Island, in June next, when we inay expect acter, and habits of the people are highly commercial; | a final examination and decision. their cities have been founded, and exist, upon com- The Commissioners appointed in pursuance of the merce; our agriculture, fisheries, arts, and manufac- sixth article of the treaty, met at Philadelphia in May tures, are connected with and depend upon it; in last, to examine the claims of British subjects, for short, commerce has made this country what it is, debts contracted before the peace, and still remaining and it cannot be destroyed or neglected without in- due wo them, from citizens or inhabitants of the Univolving the people in poverty and distress; great ted States. Various causes have hitherto prevented numbers are directly and solely supported by navi- any determinations; but the business is now resume, gation-the faith of society is pledged for the preser- and oubtless will be prosecuted without interrupvation of the rights of commercial, and seafaring, no tion. less than of the other citizens. Under this view of Several decisions on the claims of the citizens of the our affairs, I should hold myself guilty of a neglect United States, tor losses, and damages, sustained by of duty, if I forbore to recommend that we should reason of irregular and illegal captures, or condemnamake every exertion to protect our commerce, and tions, of their vessels or other property, have been to place our country in a suitable posture of defence, made by the Commissioners in London, conformably as the only sure means of preserving both.
to the seventh article of the treaty; the sums awarded I have entertained an expectation, that it would by the Commissioners have been paid by the British have been in my power, at the opening of this session, | Government; a considerable number of other claims, to have communicated to you the agreeable infor- where costs and damages, and not captured property, mation of the due execution of our treaty with His were the only objects in question, have been decided Catholic Majesty, respecting the withdrawing of his by arbitration, and the sums awarded to the citizens troops from our territory, and the demarkation of the of the United States have also been paid. line of limits; but by the latest authentic intelligence, The Commissioners appointed agreeably to the 21st Spanish garrisons were still continued within the lim- article of our Treaty with Spain, met at Philadelphia its of our country, and the running of the boundary in the summer past, to examine and decide on the line had not been commenced. These circumstances claims of our citizens for losses they have sustained in are the more to be regretted, as they cannot fail to consequence of their vessels and cargoes having been affect the Indians in a manner injurions to the United taken by the subjects of His Catholic Majesty, during States; still, however, indulging the hope that the the late war between Spain and France ; their sittings answers which have been given, will remove the ob- have been interrupted, but are now resumed. jections offered by the Spanish officers to the imme The United States being obligated to make comdiate execution of the treaty, I have judged it proper pensation for the losses and damages sustained by that we should continue in readiness to receive the British subjects, upon the award of the Commissioners posts, and to run the line of limits. Further infor-acting under the sixth article of the Treaty with mation on this subject will be communicated in the Great Britain, and for the losses and damages suscourse of the session.
tained by British subjects, by reason of the capture In connection with the unpleasant state of things of their vessels and merchandise, taken within the on our western frontier, it is proper for me to mention limits and jurisdiction of the United States, and the attempts of foreign agents to alienate the affec- | | brought into their ports, or taken by vessels originally tions of the Indian nations, and to excite them to | armed in ports of the United States, upon the awards actual hostilities against the United States; great of the Commissioners acting under the seventh article activity has been exerted by these persons, who have of the same treaty, it is necessary that provision be insinuated themselves among the Indian tribes, resid- made for fulfilling these obligations. ing within the territory of the United States, to in The numerous captures of American vessels by fluence them, to transfer their affections and force to cruisers of the French Republic, and of some by those a foreign nation, to form them into a confederacy, of Spain, have occasioned considerable expenses, in and prepare them for war, against the United States. making and supporting the claims of our citizens
Although measures have been taken to counteract before their tribunals. The sums required for this thèse infractions of our rights, to prevent Indian hos purpose have, in divers instances, been disbursed by tilities, and to preserve their attachment to the United the Consuls of the United States; by means of the States, it is my duty to observe, that, to give a better same captures, great numbers of our seamen have effect to these measures, and to obviate the conse- | been thrown ashore in foreign countries, destitute of quences of a repetition of such practices, a law, pro- all means of subsistence, and the sick, in particular, viding adequate punishment for such offences, may be have been exposed to grievous suffering. necessary.
The Consuls have, in these cases also, advanced The Commissioners appointed under the fifth arti- moneys for their relief; for these advances they reacle of the Treaty of Amity, Commerce, and Naviga- sonably expect reimbursements from the United tion, between the United States and Great Britain, States. The Consular act relative to seamen requires to ascertain the river, which was truly intended, under revision and amendment; the provisions for their supthe name of the St. Croix, mentioned in the Treaty port in foreign countries, and for their return, are of Peace, met at Passamaquoddy Bay in October, found to be inadequate, and ineffectual. Another 1796, and viewed the mouths of the rivers in question, provision seems necessary to be added to the Consular and the adjacent shores and islands; and being of act; some foreign vessels have been discovered sail