Mr. GILES said he was not tenacious of his opinions; but it was necessary to justify the contents of the report by stating some considerations that might not be generally known to the members of the House. Mr. G. said he supposed the section of the Territory, not embraced in the new State, would be attached to the Indiana Territory; nor would any great hardship result from this disposition; and such as did result would arise from their local situation, and not from any circumstances over which the National Legislature had a controlling power. He believed that people, to reach the seat of Government, had as far to go now as they will then have. His object was to reserve in future to Congress the right of determining the boundary of the States in the Territory. If this section should once be admitted, he believed it would be very difficult, however proper, to detach it from the State to which it had become attached. The report contemplates the forming a constitution. Should the people on the northwardly side of the line be admitted as a part of the State, they will participate in the formation of the constitution-a constitution which will not be ultimately for themselves, but after a hort time exclusively for others. This participation would be unjust. The question then is, whether you will suffer those to form a constitution who are not to be permanently affected by it; and whether, if you once constitute a State, you will be able hereafter to alter its boundaries? For if this section be now admitted, gentlemen, by looking at the map, will see that the boundary now fixed cannot be per manent. | [H. OF R. He considered the remarks of the gentleman from Virginia, (Mr. GILES,) respecting the participation of this description of citizens in forming a constitution for others, as entitled to little weight. Such a measure was by no means uncommon. It had been done in the case of Keptucky, and other States. Mr. F. conceived that the people of the Territory had all equal rights under the ordinance; they had been virtually promised that they should not be attached to any other Western Territory, and Congress had only reserved to themselves the right of admitting them into the Union as States. More they could not do, without their consent. Mr. BAYARD moved to strike out of the resoation the words that fix the boundary, for the purpose of introducing words that should prescribe that the new State be circumscribed by the original boundaries of the Eastern State, referring to Congress the right of making one or more States in said State at any future time. Mr. GILES said that the State, as formed in the report, was one of the most compact and convenient in the Union. The amendment would materially change its character. Besides, it would in fact impair the right of Congress to accommodate the boundaries to future circumstances. It was well known, and sensibly felt, that there were many inconvenient boundaries to several of the States now in the Union; yet so great was the difficulty attending their alteration, that they could not be changed. Mr. BAYARD was not so sensible of the difficulty of altering the boundaries as the gentleman from Virginia, who had stated that Congress would not have power to alter them when once fixed. This difficulty might exist as to the not the constitutional power to alter them without the consent of the adjacent States. But if this power be referred to Congress, which will be a disinterested tribunal, there will be no difficulty in varying the boundaries as circumstances shall dictate. Mr. B. asked, if, while gentlemen are attending to the interests and wishes of one part of the people, they are disposed to disregard the interests and wishes of another part? If they were not, they ought to admit the section, proposed by the resolution to be cut off, to a participation in State rights. As to the remarks made by the gentleman from Delaware, Mr. G. said he was extremely glad that gentleman was for giving to the Terri-States now in the Union, because Congress had tory the right of a State. If, however, he had attended to the report, he would have found that his calculation of numbers was incorrect. The population of five thousand had been deducted by the committee, and after that deduction forty-five thousand remained. Though the numbers in the Territory proposed to be formed into a State amounted, a year ago, to no more than forty thousand, yet it might be stated upon strong ground, that, before the new government can get into operation, there will be a sufficient population to demand admission as a matter of right. By attaching the inhabitants on the north of the line to the Indiana Territory, they will remain in the same grade of government they now are, and not be degraded, as stated by the gentleman from Delaware, to a lower state. This disposition appeared to Mr. G. the best that could be made. But if, when gentlemen came to the details of the bill, it should be thought best to introduce into the new State the population north of the line, he said he might have no objection. Mr. FEARING stated the great inconveniences that would be felt by the inhabitants north of the line, if attached to the Indiana Territory. Mr. BACON objected to the amendment. He said that Congress were vested by the constitution with certain powers which they cannot increase, or diminish, or delegate. By the constitution likewise, the several States are vested with certain powers which they cannot increase, diminish, or divest themselves of. By the third section of the fourth article of the constitution, "new States may be admitted by the Congress into the Union." This act proposes to make this Territory a State with State powers under the constitution. How, then, can these people, once a State, divest themselves of these powers. H. OF R.] Ohio State Government. [MARCH, 192 This is a question that does not interest simply | prepared to prove what they advance. If thes the State proposed to be formed, but every State in the Union. All are equally interested in preserving the powers vested in them by the constitution. Mr. BAYARD said he did not see any occasion for striking out the proviso. The gentleman from Massachusetts (Mr. BACON) goes on the principle that Congress has only a right to admit, without any reservation. Mr. B. said he had always believed the greater included the smaller. If you are vested with the greater power of admitting, you have certainly the minor powers included in the greater power. From the nature of the ordinance, it constitutes the fundamental principle on which the States are admitted-they are not admitted under the constitution. They are to be admitted exclusively under the provision of the ordinance. You may, therefore, say that you will not now exercise the whole power committed to you, but reserve the right of exercising it hereafter. Mr. SMILIE did not consider the principle laid down by the gentleman from Delaware as constitutional. We must be governed by the constitution. If the Territory be admitted as a State into the Union, when admitted it must be bound down by the constitution, which says the boundaries of States shall not be altered but with the express permission of the State. Mr. GILES-The gentleman from Connecticut, (Mr. GRISWOLD,) affects lately to have discovered a great deal of disguise in the proceedings of this House. What disguise? What were the committee to do? This country is placed in a certain peculiar situation. We have waters running to the East-then to the West; and the committee thought it was desirable to connect these by good roads. With the committee, State principles or interests had no influence they were governed entirely by general principles and the common interest. The gentleman has also insinuated that the Secretary of the Treasury holds lands that will be benefited by these roads. It may be so. Mr. G. had not inquired; but he supposed he did not hold all the lands. Congress may lay out these roads as they please. He could foresee how Congress would lay them out, and it is a million to one that they will not touch his lands. The United States are about making a new contract. These propositions are made as additional securities for the national property. The Secretary of the Treasury having estimated the annual product of these lands at four hundred thousand dollars, Mr. G. said, as chairman of the committee, he had applied to him to know his opinion of the manner in which this sum could be best secured, and he gave his opinion that this provision would be most likely to effect that object. This is all the mystery and disguise attending the resolution. Mr. SMILIE said when gentlemen charge particular States with injustice, they ought to be had been any co-operation between the deg tions of Virginia and Pennsylvania on this casion, he had never heard of it. The fact w that no peculiar good could result to Peansvania from this measure. The great object v. to keep up that intercourse which will attai the people of the Territory to you. When Territory shall become a State, she will have right to tax your lands. This benefit, togear with the salt-springs, as I understand, is prope ed as a substitution for the relinquishment those rights. Mr. FEARING said he considered a part of the rights of the Territory given up by this rese tion; and though the Territory would be hig benefited by the projected roads, and the sion of the salt-springs, yet he conceived they would be much more benefited by laying of the roads within the Territory. Mr. GRISWOLD said he was glad the honorale gentleman from Virginia had assured the House there was no disguise in this business. If the object be to make an advantageous contract with the Territory to secure our Western lands let us offer them five per cent. of the proceeds of those lands, to be paid into their treasury. F they shall be disposed to make roads through Pennsylvania and Virginia, he should have no objection. He was as sensible as the gentleman from Virginia, that whatever improves a part of the Union improves the whole; though this wa undoubtedly the case, he was not of opinion that a sum of money should be taken from the public treasury, and specially applied to local purposes. Under this resolution, according to the calculation of the Secretary of the Treasury, forty thousand dollars was the smallest sum that would be annually applied to the laying out of those roads. Mr. G. said he thought the sum too large to be withdrawn from the national treasury, and directed to local objects. The allusion of the gentlemen to light-houses raised on the Connecticut shore does not apply. There was but one light-house in Connecticut, ordered to be built by this House, for which the enormous sum of twenty-five hundred dollars had been appropriated. Yet this solitary measure had been rejected by the Senate. This is the great boon given to Connecticut! For these reasons Mr. G. hoped the article would be stricken out, and that, if it was necessary to make terms with the new State, they might receive five per cent. on the receipts of the land, to be paid into their own treasury, disposable by themselves as they saw fit. Messrs. R. WILLIAMS, JACKSON, and HOLLAND, said a few words in favor of retaining the article; when the question was taken on striking it out, and lost-yeas 17. Mr. FEARING, wishing that half the proceeds of the Western lands should be laid out on roads within the Territory, made a motion to that effect; lost-yeas 25. The report of the select committee, without APRIL, 1802.] North-western Territory. [H. OF R. further amendment, was then agreed to, and a | constitution of the territory, Congress had only bill ordered in conformity thereto. WEDNESDAY, April 7. An engrossed bill for the relief of Thomas K. Jones was read the third time, and passed. The Speaker laid before the House a letter from the Secretary of State, accompanying his report on the memorial of Fulwar Skipwith, referred to him by order of the House on the nineteenth of January last; which were read, and ordered to be committed to a Committee of the whole House on Friday next. Mr. JOHN C. SMITH, from the Committee of Claims, to whom was recommitted, on the fifteenth ultimo, their report on the memorial of Paul Coulon, a French citizen, made a supplementary report thereon; which was read, and ordered to be referred to a Committee of the whole House to-day. On motion it was Resolved, That a committee be appointed to examine and report the state of the office of the Clerk of this House. Ordered, That Mr. CLAY, Mr. HUGER, and Mr. SOUTHARD, be appointed a committee pursuant to the said resolution. Mr. MITCHILL, from the committee to whom were referred, on the fifth instant, the amendments proposed by the Senate to the bill, entitled "An act for revising and amending the acts concerning naturalization," reported that the committee had had the said amendments under consideration, and directed him to report to the House their agreement to the same. North-western Territory. The House resolved itself into a Committee of the Whole on the bill to enable the people of the eastern division of the Territory north-west of the river Ohio to form a constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes. Mr. FEARING moved to amend the bill so as to embrace the population of the eastern division as bounded by the articles of the ordinance, the effect of which motion would be to include about thirty thousand inhabitants of that division, that are excluded by the provisions of the bill, and respecting whom it is provided in the bill, that they may hereafter be added by Congress to the new State, or disposed of otherwise, as provided by the fifth article of the compact. This motion gave rise to a debate of considerable length, in which Messrs. FEARING, BAYARD, GRISWOLD, GODDARD, HENDERSON, and RANDOLPH, supported; and Messrs. GILES, BACON, and R. WILLIAMS, opposed the amendment. Those who supported the amendment contended that the exclusion of that portion of territory occupied by about three thousand inhabitants was both unconstitutional and inexpedient. On the ground of constitutionality, they contended, that under the articles of the compact, which were to be considered as the the right of forming the eastern division into one, two, or three States; and that under this power, no right existed to form one part of the division into a State, and leave the remaining section in a Territorial condition; that the rights of the whole of the inhabitants of the eastern division were equal, and if one part was, so also must the remaining part be, admitted to the privilege of a State. On the ground of expediency, it was contended that the situation of the excluded inhabitants would be peculiarly hard; that, if attached to the Indiana Territory, they would be placed two or three hundred miles from it; that they would be furthermore degraded from the second to the first branch of Territorial government, and that they would be deprived, by the reduction of their numbers, from the prospect of being admitted for a great number of years, to State rights. On the contrary, the opponents of the amendment contended that the provisions of the bill were both constitutional and expedient; that under the compact the right was given to Congress of admitting the eastern division into the Union, in the form of one, two, or three States; that this right involved a discretion to admit a part of that division at one time, and the remaining part at a subsequent period; that if the whole division were once admitted into the Union, Congress would be prohibited from dividing hereafter, when it was acknowledged such division would be expedient, the said division into two or more States, without the consent of the State now formed. That, as to considerations of expediency, the hardships likely to be felt by the excluded inhabitants were such as arose, not from the provisions of the bill, but from their local situation; and that it was not true that they would be degraded by annexation to the Indiana Territory; to a lower grade of Territorial character than they at present enjoyed-the grade being the same. Mr. RANDOLPH supported the amendment on peculiar ground, declaring that if the amendment should not prevail, he would still vote for the admission. He declared himself in favor of the amendment, principally from a desire to avoid the introduction of too many small States into the Union. The question was then taken on Mr. FEARING'S amendment, and lost-yeas 34, nays 38. Mr. FEARING moved so to amend the bill as to leave to the new State the right of naming itself. Agreed to. After some discussion of the details of the bill, the committee rose and repeated the bill, with amendments. Ordered, That the said bill, with the amendments, do lie on the table. THURSDAY, April 8. Mr. JOHN TALIAFERRO, Jun., from the committee to whom was referred, on the fifth H. OF R.] North-western Territory. LAPRIL, 182 Mr. NICHOLSON, from the committee appoin ed, presented a bill to provide more effectua for the due application of public money, ADÈ for the accountability of persons intrusted there with; which was read twice and committed to a Committee of the whole House on Monday next. instant, the petition of sundry citizens of repayment of loans made by the State of MaryGeorgetown, in the District of Columbia, with land for the use of the city; which was rea instruction to report thereon by bill or other- twice and committed to a Committee of the wise, presented a bill to incorporate the Di- whole House on Monday next. rectors of the Columbian Library Company; which was read twice, and committed to a Committee of the whole House on Monday next. Mr. DENNIS, from the committee to whom was referred, on the fifth of February last, a motion, in the form of two resolutions of the House," respecting the adjustment of the existing disputes between the Commissioners of The House resolved itself into a Committee the City of Washington, and other persons who of the Whole on the supplementary report of the may conceive themselves injured by the several Committee on Claims, of the seventh instant, alterations made in the plan of the said city; to whom was recommitted, on the fifteent also, relative to a plan of the said City of Wash-ultimo, their report on the memorial of Psal ington, conformably, as nearly as may be, to Coulon, a French citizen; and after some time the original design thereof, with certain excep- spent therein, the committee rose and reported tions," made a report thereon; which was a resolution, which was twice read, and agreed read, and ordered to be referred to a Com- to by the House, as follows: mittee of the whole House on Monday next. Mr. JOHN TALIAFERRO, Jun., from the committee appointed, presented a bill to incorporate the inhabitants of the city of Washington, in the District of Columbia; which was read twice and committed to a Committee of the whole House on Monday next. The SPEAKER laid before the House a letter from the Secretary of the Treasury, enclosing a statement prepared by the Register, of the application of the appropriations made by Congress for clerk-hire, in the several offices of the Treasury Department, specifying the names of the persons, and the salaries allowed to each, for the three last years, in pursuance of a resolution of this House, of the twenty-fifth ultimo; which were read, and ordered to lie on the table. The SPEAKER laid before the House a letter from the Secretary of the Treasury, accompanying two statements, marked A and B, relative to expenses incurred by the United States in the exercise of jurisdiction over the territory of Columbia, since the assumption of jurisdiction by Congress, prepared in pursuance of a resolution of this House of the first instant; which were read, and ordered to be referred to the committee appointed, on the eighth of December last, to inquire whether any, and, if any, what alterations or amendments may be necessary in the existing government and laws of the District of Columbia. The House proceeded to consider the report of the select committee to whom were referred, on the fifth instant, the amendments of the Senate to the bill, entitled "An act for revising and amending the acts concerning naturalization," which lay on the table: Whereupon, Resolved, That this House doth agree to the said amendments, with amendments, to the section proposed to be substituted by the Senate in lieu of the first and second sections of the original bill. Mr. NICHOLSON, from the committee appointed on the second instant, presented a bill to abolish the Board of Commissioners in the city of Washington, and to make provision for the Resolved, That there be paid to Paul Coulon, as agent for the captors of the ship Betty Cathcart and brig Aaron, prizes to the French privateer La Bellone, out of any moneys in the Treasury, not otherwise appropriated, the sum of six thousand two hundred and forty-one dollars and forty-four cents, being the amount retained by the Treasury Department, from the sales of the ship Betty Cathcart, and for duties on the cargo of the brig Aaron. Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that the Committee on Claims do prepare and bring in the same. North-western Territory. The House proceeded to consider the amendments reported yesterday from the Committee of the Whole to the bill to enable the people of the Eastern division of the Territory northwest of the river Ohio to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes, which lay on the table; and the same being severally twice read, were, on the question put thereupon, agreed to by the House. A motion was then made, further to amend the said bill, at the Clerk's table, by striking out, in the sixth, seventh, eighth, ninth, and tenth lines of the second section thereof, the following words: "and on the north, by an east and west line, drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie or "-and inserting in lieu thereof, the word "to." It passed in the negative-yeas 27, nays 44, as follows: YEAS.-James A. Bayard, Thomas Boude, Manasseh Cutler, John Davenport, Thomas T. Davis, John Dennis, Ebenezer Elmer, Abiel Foster, Calvin Goddard, Roger Griswold, William Helms, Joseph Hemphill, Archibald Henderson, William H. Hill, Benjamin Huger, Thomas Lowndes, Lewis R. Morris, James Mott, Thomas Plater, Nathan Read, John Cotton Smith, John Stanley, John Stratton, Samuel Tenney, Thomas Tillinghast, Lemue! Williams, and Henry Woods. NAYS.-Willis Alston, John Archer, John Bacon, Theodorus Bailey, Phanuel Bishop, Richard Brent, Robert Brown, William Butler, Samuel J. Cabell, Thomas Claiborne, Matthew Clay, John Clopton, John Condit, Richard Cutts, John Dawson, William Dickson, Lucas Elmendorph, William Eustis, John Fowler, William B. Giles, John A. Hanna, Daniel Heister, William Hoge, James Holland, David Holmes, George Jackson, Charles Johnson, Samuel L. Mitchill, Thomas Moore, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, John Smith, (of Virginia,) Samuel Smith, Richard Stanford, Joseph Stanton, jr., John Taliaferro, jr., Philip R. Thompson, Abram. Trigg, John Trigg, Isaac Van Horne, and Robert Williams. Mr. JOHN C. SMITH moved further to amend the bill, by striking out the third section thereof, in the words following, to wit: And be it further enacted, That all male citizens of the United States, who shall have arrived at full age, and resided within the said Territory at least one year previous to the day of election, and shall have paid a territorial or county tax, and all persons having, in other respects, the legal qualifications to vote for Representatives in the General Assembly of the Territory, be, and they are hereby, authorized to choose Representatives to form a Convention, who shall be apportioned amongst the several counties within the Eastern division aforesaid, in a ratio of one Representative to every inhabitants of each county, according to the enumeration taken under the authority of the United States, as near as may be, that is to say: from the county of Trumbull, Representatives; from the county of Jefferson, Representatives, of the to be elected within what is now known by the county of Belmont, taken from Jefferson and Washington Counties; from the county of Washington, Representatives; from the county of Ross, Representatives, [H. OF R. The yeas and nays were taken, and it passed in the negative-yeas 26, nays 48, as follows: YEAS.-Thomas Boude, Manasseh Cutler, Samuel W. Dana, John Davenport, Abiel Foster, Calvin Goddard, Roger Griswold, Seth Hastings, Joseph Hemphill, Archibald Henderson, Benjamin Huger, Thomas Lowndes, Thomas Morris, Thomas Plater, Nathan Read, William Shepard, John Cotton Smith, John Stratton, Samuel Tenney, Thomas Tillinghast, George B. Upham, Killian K. Van Rensselaer, Peleg Wadsworth, Lemuel Williams, and Henry Woods. NAYS.-Willis Alston, John Archer, John Bacon, Phanuel Bishop, Richard Brent, William Butler, Samuel J. Cabell, Thomas Claiborne, John Clopton, John Condit, Thomas T. Davis, John Dawson, William Dickson, Lucas Elmendorph, Ebenezer Elmer, John Fowler, William B. Giles, Edwin Gray, John A. Hanna, Daniel Heister, William Helms, William Hoge, James Holland, David Holmes, George Jackson, Charles Johnson, Samuel L. Mitchill, Thomas Moore, James Mott, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, John Smith, (of Virginia,) Josiah Smith, Samuel Smith, Henry Southard, Richard Stanford, Joseph Stanton, jr., John Stewart, John Taliaferro, jr., David Thomas, Philip R. Thompson, Abram Trigg, John Trigg, Isaac Van Horne, and Robert Williams. Mr. FEARING said he was of opinion that some provision ought to be made for the inhabitants excluded from the new State, and the continuance of suits from the old to the new Government; for these purposes he moved the recommitment of the bill. Lost. Mr. DANA proposed so to amend the fourth section, as that a majority of the whole number of delegates elected in the Convention, instead of a majority of those present, should first determine whether it be or be not expedient to form a constitution, &c. The yeas and nays were called, and the motion carried-yeas 38, nays 33, as follows: YEAS.-Thomas Boude, William Brent, John Con wold, John A. Hanna, Joseph Hemphill, Archibald R. Morris, Thomas Morris, James Mott, Thomas Henderson, William Hoge, Benjamin Huger, Lewis Plater, Nathan Read, William Shepard, John Cotton Smith, Henry Southard, Richard Stanford, Joseph Stanton, jr., John Stewart, John Stratton, Samuel Tenney, Thomas Tillinghast, John Trigg, George B. Upham, Peleg Wadsworth, and Lemuel of the ——to be elected in what is now known by dit, Manasseh Cutler, Samuel W. Dana, John DaFairfield County, taken from Ross and Washington venport, Thomas T. Davis, Lucas Elmendorph, Ebenezer Elmer, William Eustis, Abiel Foster, John Counties; from the county of Adams, Repre- Fowler, Calvin Goddard, Edwin Gray, Roger Grissentatives; from the county of Hamilton, Representatives, of the to be elected in what is now known by Clermont County, taken entirely from Hamilton County: and the elections for the Representatives aforesaid, shall take place on the second Tuesday of October next, the time fixed by a law of the Territory, entitled "An act to ascertain the number of free male inhabitants of the age of twenty-one, in the Territory of the United States north-west of the river Ohio, and to regulate the elections of Representatives for the same," for electing Representatives to the General Assembly, and shall be held and conducted in the same manner as is provided by the aforesaid act, except that the qualifications of electors shall be as herein speci fied." The motion to strike out was supported by Messrs. JOHN C. SMITH, GODDARD, FEARING, and HENDERSON, and opposed by Messrs. GILES, MITCHILL, R. WILLIAMS, ELMER, and HOLLAND, on the ground that the right of the United States to admit necessarily involved the power of prescribing a convention. Williams. Robert Brown, William Butler, Samuel J. Cabell, NAYS.-Willis Alston, John Archer, John Bacon, Thomas Claiborne, Matthew Clay, John Clopton, Richard Cutts, John Dawson, William Dickson, William B. Giles, William Helms, James Holland, David Holmes, George Jackson, Charles Johnson, Samuel L. Mitchill, Thomas Moore, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, John Smith, (of Virginia,) Samuel Smith, John Taliaferro, jr., David Thomas, Philip R Thompson, Abram Trigg. Isaac Van Horne, and Robert Williams. The bill was then ordered to be engrossed for a third reading to-morrow. |