H. OF R.] French Spoliations. [FEBRUARY, 1803. ciation of the treaty, they would have been in- | nanimity and justice, shall go into its considerademnified for by France, let them say so. It is tion, it would put it in the power of a minority, known that France would have indemnified for or even a few members, to prevent the transacthese losses, but for the treaty. The most tion of other important business. Mr. B. said respectable letters have been received from he would not pledge himself; but he rather France to this effect; and Mr. R. said the fact thought the subject could be discussed in the was within his own personal knowledge. Under course of one day. these circumstances the claims ought to be taken up and decided upon speedily. If the gentlemen were serious in naming so late a day, the House must be troubled with the calling of the yeas and nays; as it was impossible to expect that any thing that would be effectual could be done after the first of March, as all the measures adopted by the House required the concurrence of the Senate and the details of a law. Mr. R. WILLIAMS said he never permitted himself to propose any thing to that House in which he was not serious. He was serious in his belief that if his motion should be adopted there would be full time allowed for an investigation of the subject. He was in favor of the distant day he had named, inasmuch as he was convinced that it would protect the House from the unnecessary consumption of a great deal of time, and which, if taken up now, would interfere with the transaction of much important business. Full time would still be allowed to decide the question of indemnity. He did not know that more was required this session by any body. He had not heard any member say that a law would be necessary this session. All that was required was a decision preparatory to a law. In his opinion this was an improper time to discuss the merits of the subject; he should, therefore, make no reply to observations of this nature, which, he thought, had been improperly offered at this stage of the business. Mr. BAYARD said he had not fallen into the same mistake with his honorable friend from South Carolina, in considering the gentleman from North Carolina in earnest in the motion he had made. He had not thought him serious, as the day named by him was so late as not to allow time sufficient for a fair discussion. The gentleman was not a new member, and his experience could tell him how imperiously the House were occupied, during the last two or three days of its sitting, in detail indispensably necessary to complete business already begun. He had seldom known the close of a session, when it had not been necessary to sit on Sunday or till midnight. How then could it be expected that, at such a period, even the semblance of justice could be done to the subject? Whereas, if it were earlier attended to, they might consult their own convenience. If it happened, as had heretofore been the case, that they had more time than they knew what to do with, a much earlier day could be fixed on. But should the subject be postponed till the first day of March, it might be said, if the House should not then go into committee on it, that a day so late had been named with a view of deferring the subject to the next session. While, if the House, actuated by mag The gentleman from Pennsylvania had mistaken him on the point of conscience. This was not astonishing, as that gentleman often made mistakes. He had said nothing about the conscience of that gentleman, as he knew nothing about He was asked whether gentlemen were unwilling to trust themselves, lest their own consciences should compel them to do an act of justice. This was all he had said, and it had not been said with any view to impeach the conscience of any gentleman on the subject. Mr. BACON hoped this business would be so conducted as to show a disposition on the part of the House to meet these claims on honorable and fair principles, and so as to manifest no indisposition to a fair and full discussion. It was undoubtedly a serious question. There were a number of respectable characters interested in the decision-respectable, because citizens of the United States. He hoped their claims would be treated with all the candor and liberality they had a right to expect. He apprehended that two or three days were not sufficient, amidst the crowd of other business at the end of a session, for a fair and full examination. He should, therefore, vote against the motion. Mr. DAWSON hoped the motion would prevail. A resolution in a great measure similar to that now proposed by the gentleman from Delaware had been offered some time since by a gentleman from New York. It was moved to refer that motion to a Committee of the Whole and negatived; afterwards a motion was made to refer it to a select committee, which was also negatived. He did conclude, from these decisions, that a majority of the House were not disposed to discuss the merits of the question this session. He believed this was still the sentiment of the majority, who considered the subject as not yet ripe for decision. He, therefore, thought the taking it up at an early day would only serve to waste time. Mr. GREGG said, that so far as his mind was made up, he was against the claim; but he was, notwithstanding, in favor of a full discussion of it. The subject had been attended to. The committee appointed last session had gone into a laborious investigation of it; and had made a report containing very important statements and facts. He wished the consideration to be so far delayed, as to allow time for the printing of this report. He was against a postponement to the first day of March; but thought the second Monday in February would answer. Mr. THATOHER said he felt gratified at the House manifesting more liberality in giving an opportunity now to discuss the subject than had been manifested before. Attempts made during the last session to discuss the subject had ended in nothing. This session, when the gentleman from New York (Mr. MITOHILL) had offered a resolution, it had been negatived. The motion of the gentleman from Delaware (Mr. BAYARD) to take up the present resolution had also been negatived. But now a considerable majority were for taking it into consideration. He was, however, surprised at the motions for making the consideration of the subject the order of the day for the first and third of March, as they would in effect frustrate all discussion, from the press of other business. The subject was of infinite importance; millions depend upon the decision. The merchants were anxious to know the result. A state of suspense was, of all states, most painful to them. Why then put off the decision of a claim in his opinion just, and to which the House ought not to shut their ears? [H. OF R. and the final determination is submitted to the House. A sense of justice to the memorialists and a strong sense of public duty require that we meet the question and come to a decision. Those who appear already to have judged the question may possibly see in the statements which have been made, and the arguments by which the claim will be supported, reasons to alter their opinions. In any event, and especially after a discussion, in case of an adherence to those opinions they appear already to have formed, if they fail to produce conviction on others, the reasons on which they ground those opinions may be useful to the House, and will accompany and justify the vote they shall finally give. When the question shall be decided (and I hope it will be in favor of an earlier day than that moved for) I shall move that the report of the committee of the last winter shall be referred to the Committee of the Whole, together with the resolution under consideration. It will be also proper at that time to give a second reading to the memorials which have been presented-the grounds on which they rest their claim will be brought again into view, and by giving them a free discussion and consideration we shall be better enabled to come to a just decision. These claims, like conscience, are of no party; the misfortune has been indiscriminate, and it is to be expected the final determination will be just. Mr. HOLLAND advocated a full discussion, and the assignment of an early day. When the yeas and nays were taken, on making it the order of the day for the first of March, and it was decided in the negative Mr. EUSTIS said, whatever may have been the intention of the mover to postpone to the first of March, and of the intentions of gentlemen on this or any other occasion, he had no disposition to inquire the tendency of the postponement will be to preclude a deliberate discussion. Those more conversant with the course of business knew, better than he did, the pressure of business which necessarily crowded the last days of a session; and he was more averse to the motion from the avowal of an honorable gentleman from Virginia, (Mr. DAWSON,) who had risen to support the motion, and avowed his principal reason to be a conviction that the present Congress ought not to take any decisive measures on the subject of the claims. He differed widely from that gentleman. Independently of the magnitude and ex-yeas 18, nays 74. tent of these claims, and of the situation of those concerned, the House were called upon by a sense of public duty to bestow upon them a cool and deliberate consideration, which on ordinary occasions was extended to applications of an individual and inferior nature. The common course of business brings this subject to view. It will be recollected that, at the last session of Congress, the memorials of the claimants were referred to the consideration of a select committee. That committee reported a state of facts, and closed their report with the following words: "Upon the whole view of the case, the committee submit it to the House, to determine whether the Government of the United States are in any respect bound to indemnify the memorialists; and whether there be any ground for discrimination between the cases of losses sustained before the acts of the 28th of May, 1798, the 7th of July, 1798, and the 9th of July, 1798; and cases of losses sustained after those periods." From the late day of the session in which this report was made, no order was taken on it, no discussion was had. By this part of the report facts are offered for consideration; data are furnished; a discrimination, in point of time, and of course in point of merit, is made; On motion of Mr. BAYARD it was made the order for the second Monday in February. THURSDAY, February 3. A petition of Amy Dardin, of the county of Mecklenburg, in the State of Virginia, widow and relict of David Dardin, deceased, was presented to the House and read, praying compen sation for the value of a stud horse, called Romulus, the property of the deceased, which was impressed into the service of the Southern army under the command of Major General Greene, by order of James Gunn, captain in a regiment of Continental cavalry, some time in the month of July, one thousand seven hundred and eighty-one. Referred to the Committee of Claims. TUESDAY, February 8. The House went into a Committee of the Whole on the following resolutions, offered by Mr. BACON: "Resolved, That it is expedient for Congress to recede to the State of Virginia the jurisdiction of that part of the Territory of Columbia, which was ceded H. OF R.] agree thereto. to the United States by the said State of Virginia, by | words, the reasons that influenced him in suban act passed the third day of December in the year mitting these resolutions. In the first place,, 1789, entitled, "An act for the cession of ten miles knew of no advantage which the United Sta square, or any lesser quantity of territory, within this derived from retaining the exclusive jurisdiaon State, to the United States in Congress assembled, of the District. Therefore, if the States to which for the permanent seat of the General Government." it originally belonged were disposed to take it Provided, the said State of Virginia shall consent and back, there could be no objection derived from "Resolved, That it is expedient for Congress to re- this consideration. In the second place, it apcede to the State of Maryland the jurisdiction of that peared, from their short experience, that the part of Columbia which was ceded to the United exercise of exclusive legislation would take up States by the said State of Maryland, by an act a great deal of time, and produce a great expense passed the 19th day of December, in the year 1791, to the nation; and it was probable that, in the entitled "An act concerning the Territory of Colum-course of events, the trouble and expense would bia and the City of Washington:" Provided, That said State of Maryland shall consent and agree thereto." The first resolution being read, increase with the increasing number of the inhabitants. Should justice be done to the exercise of this power, it was likely that as much Mr. SMILIE said it was not his wish to take time would be spent in legislating for this Disup the time of the House, but barely to assign, trict as for the whole United States. It was in a few words, his reasons for the vote he certain that very considerable time would be should give. In the last Congress he had voted consumed. They would likewise be subjected against the assumption, and he had heard no to other expenses than those attendant on legisreasons since to change his opinion on the pro-lation. In the next place, the Government priety of that vote.. He should, therefore, vote would be very diverse from that in the other now for a retrocession. He never could under-parts of the Union. He would rather see the stand the reason for giving Congress an exclu- Government in the United States uniform. sive jurisdiction over ten miles square. He be- Here the citizens would be governed by laws, lieved there was but one reason: It had been in the making of which they have no voice-by thought good policy to introduce this article laws not made with their own consent, but by into the constitution to facilitate its adoption, as the United States for them-by men who have it was known that all parts of the Union were not the interest in the laws made that legislators anxious to have the seat of Government. It ought always to possess-by men also not acdid not appear to him, in any proper point of quainted with the minute and local interests of view, necessary that Congress should possess the place, coming, as they did, from distances of such exclusive jurisdiction. There was no 500 to 1,000 miles. From these considerations, doubt that, let Congress sit where they would, he inferred their incompetency to legislate for they would always have sufficient power to this District, whatever their disposition might protect themselves. Unfortunately, however, be. These were the principal reasons that inthere was on this subject an association of ideas fluenced his mind. They might however, perin the minds of many persons, not in the least haps, be easily obviated by the reasons of other connected, which was, that the residence of gentlemen, which he would be glad to hear. Congress in this place, and their possessing exclusive jurisdiction, was the same thing. If the exercise of exclusive jurisdiction could have any effect on his mind, as to the other point, it would be directly opposite, as he would much rather sit here without than with exclusive jurisdiction, as we cannot possess this authority without depriving the citizens of rights which were the most dear to them. When he looked around him, and saw no man, unless a stranger, who was not a political slave, he felt the most painful sensations. Under our exercise of exclusive jurisdiction the citizens here are deprived of all political rights, nor can we confer them. If Congress can derive no solid benefit from the exercise of this power, why keep the people in this degraded situation? It is true, this place may be settled by foreigners; but can we suppose that any native citizen, who values his political rights, will come here? For the honor of the country, he must suppose there would be none. Why not then restore the people to their former condition? Mr. S. concluded by declaring that the act of retrocession would have no effect upon his mind as to staying here. Mr. BACON said he would state, in a few Mr. HUGER was opposed to the resolutions, first, because he was not inclined hastily to make alterations in the great national compact that held us together. It appeared to him that, though they might not always understand the reasons on which a part of it was founded, yet it was prudent not to change it until experience had clearly proved its inconvenience. It must be obvious that it was easier to perceive its present inconvenience than to foresee the effects that may ensue from a change. The constitution contemplates the exercise by Congress of exclusive legislation over ten miles square. It must impress itself upon the mind of every gentleman that the wise men who framed the constitution deemed it proper. Congress also had thought it proper, as well as two of the most respectable States in the Union-the one by receiving and the other by granting the territory. All these considerations impressed his mind with a disinclination hastily to alter the course that had been pursued. Mr. DENNIS regretted that he had been called out of the House when this subject was taken up, as, in the remarks which he considered it his duty to make, he could not avail himself of EBRUARY, 1803.] District of Columbia. [H. OF P he ideas suggested by other gentlemen, and as that quarter of the globe they have transferred he might repeat what had been perhaps already an Italian dukedom or a German principality. said. He would undertake, however, to show Mr. DENNIS thought the situation of Congress hat the proposed resolutions were objectionable in relation to the people of this Territory was in every point of view that could be taken of not sufficiently understood. He knew that it them. They presented two aspects. Admit- was always troublesome to legislate for any ting, in the first place, that they could be car-people: he foresaw these inconveniences when ried into effect, so far as to restore the people they removed to this place. He had thought of the territory to the situation in which they then, as he thought now, that some legislative were placed before the cession, yet it appeared government must be provided for the District. to him a strong objection that all the advantages of exclusive jurisdiction would be thereby lost. He had always thought that part of the constitution which gave Congress exclusive jurisdiction over a district of ten miles square wise and proper, and that a government whose laws were to pervade the whole United States ought not to be subjected to the whim or caprice of any part of the United States. In this opinion he had never varied, but had, from successive events, become more confirmed in its accuracy. But, if gentlemen object to vesting the people with the power of government, he thought he could suggest a plan better than that of retrocession, to wit: to vest the President with the power to revise the laws of Maryland and Virginia, and make a report to the next session of Congress. The laws of Maryland and Virginia were generally agreeable to the people, but they experienced many inconveniences from local and peculiar circumstances. WEDNESDAY, February 9. District of Columbia. The House then resolved itself into a Com mittee of the Whole on the resolutions of Mr. BACON to recede to the States of Maryland and Virginia the District of Columbia. By exclusive legislation, he understood the exclusion to, the States of all participation in legislation. He admitted that it was competent to Congress to sanction the acts of Maryland and Virginia; but he believed that no one would contend that Congress could divest themselves of an ultimate control. They might admit the Legislatures of Maryland and Virginia to legislate for the territory, but Congress possessed the power of controlling or modifying their acts. He would wish to know what advantage there could be in giving this legislative agency to those States? If given, no doubt could be Mr. BAYARD hoped the committee would not entertained of many acts passed by them being agree to the resolutions. He did not believe disagreeable to the people of the territory, who that a constitutional power existed enabling would apply to Congress to repeal them. The the Government of the United States to recede next Congress, too, would have the power of the Territory. The Territory had been acquired resuming the jurisdiction, or, more properly by the direction and under the permission of speaking, the jurisdiction would still remain in the constitution. The constitution also allows Congress. Under such a qualified cession, he the cession by particular States. When, therepresumed the Legislatures of Virginia and Mary- fore, gentlemen say Congress has the power to land would refuse to act; for, why should they recede, he was at liberty to call upon them to legislate for people not within their limits? exhibit that part of the constitution that conThe power of legislation might as well be vest-ferred the power. He had looked over the ed in the Legislature of Massachusetts. The constitution with a vigilant eye, and he could truth is, that our jurisdiction would be para- see nothing to this effect. Can it be done withmount, and the acts of Maryland and Virginia would go into operation merely by our permission, and Congress might repeal and amend them whenever and howsoever they pleased. We should, therefore, be then relieved from no trouble that we now experience. There would then be as many applications to pass laws as there are now. In another point of view he was astonished at these propositions, and at the quarter from which they came. The gentleman from Massachusetts (Mr. BACON) has told us that his resolutions are bottomed on the broad basis of the rights of man; but he would ask how this could be, when the resolutions went to transfer twenty thousand men, without their consent, to a Government different from that under which they now live? Gentlemen are going to imitate some of the extraordinary scenes that have lately occurred in Europe, and propose to transfer this District with the same facility that in VOL. II.-47 out power? Do gentlemen recollect that the Government of the United States is federative, and of course possessed of limited powers; and what is not delegated does not exist; and that there is an express provision that powers not expressly given shall not be assumed by implication? It was difficult to point out a nonentity. If gentlemen contend for an entity, they should distinguish it. If Congress have the power to recede this Territory, they have also the power to recede the others, the Indiana and Mississippi Territories. It is an extremely different thing to receive a cession and to recede it after it is received. Congress has the power to do the one, but not the other. How can the retrocession be made? Gentlemen say, by law. That law may be repealed. If receded, what would be the situation of the Territory? It could be no affair of contract. For a contract cannot exist without a consideration. Though, on the cession, there was a consideration, in re H. or R.] District of Columbia. [FEBRUARY, 1803 ceding there would be none. Would there be a | tion in every stage of its passage. A majority power in Virginia and Maryland, if receded, to of the Legislature, however, at that time, enprevent a resumption? Such a measure showed tertained a different opinion, and made the s but little respect for the people of the Territory. sumption. From that moment he had consid As far as he knew the sentiments of the people, ered a contract to be fully complete and ratified it was not their wish to be receded. They between the States of Maryland, Virginia, the were willing to live under the protection of people of the Territory of Columbia, and the Congress. The gentleman from Pennsylvania Government of the United States. That conhas called them slaves. They may not thank tract he considered as of permanent obligation, him for the appellation. If they were slaves, not to be done away, but by the unanimous conthere must be some corollary; and if so, we sent of all the parties. must be their tyrants. But they are not slaves; they are children, over whom it is not our wish to tyrannize, but whom we would foster and nurture. Are we, in the character of Representatives of the United States, to be considered as their tyrants, because they are not immediately represented here? We ought not to decide this question until the people express their desire to return to the States. But there is a more serious consideration relative to the people of the Territory. It is proposed to recede the District to Maryland and Virginia. Once take that step, and what obligation was there in Congress to remain here? He felt there was none. The obligation to remain arises, in a great measure, from the cession, and by destroying that, you extinguish the sense of the obligation to stay. This may be the object of gentlemen. A number of the measures lately proposed appeared to have that tendency. One motion had been made to concentrate the public buildings. Violate one stipulation of the Government, or disappoint a reasonable expectation that had been excited by the measures of the Government, and the ruin of hundreds follows. Now, a motion is made to recede. Combine these two operations. Unfix the Capitol, and recede the District, and, believe me, Congress will soon take wings and fly to some other place. It had been truly remarked, on a similar occasion, by those interested, though these things may be sport to you, they are death to us. Not a motion of this kind had been made, or could be made, that did not depreciate the interests of the place, and frustrate the object professed. By such means, our accommodations will be impaired, all enterprise be subdued, and industry languish. He hoped, therefore, that the House, by a decided vote, would reject these resolutions, and put all similar ones to sleep. Mr. SMILIE could not agree either with the gentleman from Delaware or with his colleague (Mr. GREGG) on the constitutional question. We had a power to accept the cession, or not to accept it; from which necessarily resulted the power of recession. Instead of arguing as the gentleman from Delaware, he would call on him to point out in the constitution the prohibition. His colleague talked of a moral obligation to keep the Territory. This might exist, if it were proposed to force this Territory on the States without their consent. The gentleman seems to have taken offence at the expression which had fallen from him of slaves. For his part, he had never been accustomed to courtly language, but to the expression of his ideas plainly and openly as he conceived them. He certainly had not used the expression with any intention to treat the people of this Territory with disrespect; but to express his regret at the degraded situation of those who were formerly in possession of the full rights of citizenship. The gentleman seems also offended at the epithet of tyrants applied to us. Mr. S. would ask the gentleman from Delaware, if ever he knew a government possessed of unlimited power, who had not abused it. This was the condition of this Government, which he hoped, however, if continued, would be moderate. He had expected that gentlemen opposed to the retrocession would have shown the benefit to be derived to the United States from retaining the jurisdiction. If there were none, it was useless and dangerous, inasmuch as it could only be done at the expense of the rights of the people. He was surprised yesterday at the remarks of the gentleman from Maryland, (Mr. DENNIS,) that this measure would deprive twenty thousand people of their rights. How could this be, when they had no right to be deprived of? You may give them a charter. But of what avail will this be, when Congress may take it away at any moment? They would continue for ever to be ultimately governed by a body over whom they had no control. Mr. S. concluded by again observing that he had always thought the assumption wrong; but that he had no idea of connecting that consideration with the removal of the Government. It could have no influence on his mind. He would go further, and say that he had no idea of remov ing; nor did he believe they could remove. Mr. GREGG said he had expected that this question would have been decided by a silent vote. He, for his part, had no intention of having troubled the committee with any observations of his on the subject, but as other gentlemen had seen proper to enter into a discussion of it, he would beg the indulgence of the committee while he assigned, as concisely as possible, the reasons that would influence his vote. Having been a member of the Legislature at the time the act was passed for assuming the jurisdiction of the Territory, he foresaw pretty clearly most of the Mr. RANDOLPH said that, whatever reasons difficulties in which we are now involved by might be advanced on the ground of expedithat act, and therefore had given it his opposi-ency against the adoption of the resolution, he |