MAY, 1796.]

amendment. Whole.

Reimbursement of Duties-Drawback on Snuff.

Referred to a Committee of the

The bill to ascertain and fix the Military Establishment of the United States, was read a third time, the blanks filled up, and passed. A division took place on the question whether there should be one or two troops of Light Dragoons. Two troops were determined upon-40 to 24.

Mr. HILLHOUSE, chairman of the committee appointed to bring in a bill for making appropriations for defraying the expenses which may arise in carrying into effect the Treaty lately concluded betwixt the United States and Great Britain, reported a bill; which was twice read, committed to a Committee of the Whole, gone through, and ordered to be engrossed for a third reading to

morrow.

Mr. JACKSON declared his intention of calling the yeas and nays upon the third reading of the bill.

The House resolved itself into a Committee of the Whole on the bill affording relief to distillers in certain cases, which was agreed to, went through the House, and was ordered to be engrossed for a third reading to-morrow.

[H. of R.

derstood the duties were not to lie upon the merchant, but upon the consumer.

The report on the petition of Philip Finney, owner of some fishing vessels, praying for the payment of a bounty which he had been deprived of for want of formality, was against the petitioner. Agreed to.

The report on the petition of Samuel Brown, of the same nature with the last, was in favor of the petitioner, but it was disagreed to.

The House took up the above report, and agreed to the determinations of the Committee of the Whole, except in the case of the last petition, which was disagreed to by the casting vote of the SPEAKER, and the report of the Committee of Commerce and Manufactures was agreed to by the same casting vote.

The resolutions were referred to the same committee to report a bill or bills accordingly.

DRAWBACK ON SNUFF.

Mr. GOODHUE called up the report respecting the repeal of the drawback allowed on all exported snuff. This occasioned considerable debate. It was urged that there was a necessity for the repeal, as the Treasury were daily paying immense sums in drawbacks; and that as it was not likely they should pass any new law upon the subject this session, it was necessary to repeal the drawback. This was objected to, as by such a repeal, the staple commodity of the Southern States would be taxed on exportation; and that, instead of repealing the drawback, the law itself should be

The House resolved itself into a Committee of the Whole on a report of the Committee of Commerce and Manufactures on the petition of William Roche & Son, praying the return of an excess of duties which they had paid on vessels, which had been charged as foreign vessels, on account of their having been several years employed in the whale fishery in France. The report of the committee was in favor of the petition-repealed. but it was disagreed to.

ers;

REIMBURSEMENT OF DUTIES.

Mr. NICHOLAS moved a resolution directing the Committee of Commerce and Manufactures to make a report on the several petitions which had been referred to them, praying for a repeal of the duties of stuff; but, after some little debate, a motion was made to adjourn, and the House adjourned without making any disposition of the

TUESDAY, May 3.

Mr. MADISON, chairman of the committee appointed to inquire into the number of lots of land, and the quantity of acres, reserved for the future disposition of Congress, in the sales made to the Ohio Company and others, made a report, which was twice read and referred to a Committee of the Whole.

The report on the petition of Moses Myers, of Norfolk, for a reimbursement of duties which had been paid on twenty bales of goods which had been damaged by the oversetting of a schooner, which was conveying them from a French ship-resolution. of-war, which lay at a distance of eighteen miles from the port, on account of her drawing more water than the river contained. The report was in favor of the petitioner, and was agreed to, but not without considerable debate. It was opposed on the ground of the vessel's having completed her voyage; that, after an entry was made at the custom-house, no allowance for damage could be made; that this case was the same with claims which had hitherto been resisted for goods which had been destroyed by fire, or otherwise, after the duties were secured. On the other hand, it was contended that the vessel had not completed her voyage, and that the owners were as much entiMr. S. SMITH, chairman of the committee to tled, in cases of insurance, for damages done in a whom was referred the amendments of the Seriver, as for those done at sea; that the entry hav-nate to the bill for providing relief and protection ing been made at the custom-house arose from the necessity of taking up the goods in lighters, owing to the large size of the vessel. It was even urged by Mr. S. SMITH, that the petitioner was not only entitled in this case, but if a bale of goods were to fall overboard, in unloading at a wharf, and thereby received damage, an abatement of the duties ought to be made, as it was always un

The bill providing for the relief of the owners of stills in certain cases, was read a third time, and passed.

to American seamen, reported, that the committee were of opinion that the House should disagree to the amendments, and appoint a Committee of Conference with the Senate. The House took up the report, agreed to it, and a Committee of Conference was appointed.

A petition was presented and read from John Nicholson, of Philadelphia, praying that an addi

H. or R.]

Execution of British Treaty.

[MAY, 1796.

tional duty should be placed on certain kinds of that for those residing in the United States, with glass imported into the United States.

Mr. THATCHER moved that the Committee of the Whole, to whom was referred the report of a select committee respecting Post Offices and Post Roads might be discharged, on the ground that more time might be given to ascertain whether certain proposed alterations in the roads would be advantageous or not. This motion was negatived, and the House resolved itself into a Committee of the Whole on the consideration of the report; and, after making some progress therein, the Committee rose, and had leave to sit again.

A bill relative to the making of a road from Wiscasset, in Maine, to Savannah, in Georgia; and a bill for compensating Jonathan Hastings,

were read.

Mr. W. SMITH, Chairman of the Committee of Ways and Means, reported the bill as amended, in consequences of the inquiry made of the Directors of the Bank for the payment of the debt due to the Bank of the United States, together with a report respecting that inquiry; which was read a second time, and ordered to be referred to a Committee of the Whole.

The following is the answer of the Bank to the inquiry of the Committee, whether the Bank required payment of the whole five millions said to be due, or whether they would be satisfied with a part, and let a part remain as heretofore: "The committee appointed to confer with the Committee of Ways and Means on the subject of continuing, to a remote period, the loans made to the United States, having reported:

"The Board took into consideration the most essen

$4,445 each.

Mr. FINDLEY having been absent when the two questions on the British Treaty were taken in the Committee of the Whole and in the House, now, when the bill for carrying it into effect was about to be passed, he said, having been under an urgent necessity to be absent from the House for a short time during the sitting of Saturday, when the question was taken for making the laws necessary for carrying the Treaty with Britain into effect, and being thus prevented from having his name entered on the Journals, which, though it would have made no change in the state of the vote, he wished to have done-he desired now to express the sentiments by which he would have been governed. Urgent as was his call to leave the House, he would have dispensed with it if he had suspected the discussion would have been finished so soon.

He said, he had it much at heart to have a resolution recorded on the Journals expressive of the sense of a decided majority of that House, and he believed of the people of the United States, very generally, respecting the character of the Treaty. If that had been done, he had made up his mind to have given it no further opposition; but, from some gentlemen disapproving of the Treaty so highly that they would not vote in favor of any question that was calculated to give it efficacy; and, from others, who though they had discovered a marked disapprobation of it, yet did not choose to record that disapprobation on the Journals, this resolution was not carried by a majority of votes; therefore, that he might not be responsible for the consequences of the Treaty, he would vote against the bill before the House for carrying it into operation, and very briefly assign his reason for doing so.

tial points that had relation to the present subject, viz: the great increase in the price of all alienable property, which requires a corresponding addition of circulating medium to represent it; the necessity of placing this He acknowledged that there were imperious institution in a more respectable situation, in point of circumstances which urged the House to carry available funds, which will enable it to promote more the Treaty into effect. The enormous spoliagenerally the interests of commerce and manufactures, tions committed by the British on our trade, and afford the means of facilitating the financial opera- which were expected to be reimbursed in consetions of the Government, by temporary loans, whenever quence of the operation of the Treaty, powerfully the fiscal administration may require such a resource, addressed our interest, and this, with an appreas well as the more immediate advantages of the stock-hension of the increase of depredations on our holders and customers of the Bank, intimately connected with the active employment of a large specie capital: Whereupon,

"Resolved, That the United States be requested to extinguish the loans that are already due to the Bank, as well as to make provision for those which may become payable in the course of the present year.

THOMAS WILLING, President. BANK OF THE UNITED STATES, April 21, 1796.

TREATY WITH GREAT BRITAIN.

The bill making appropriations towards defraying the expenses of carrying into effect the Treaty lately concluded between the United States and Great Britain, was read a third time, the blanks filled up, and passed.

The blank for the sum of money to be appropriated for carrying the act into effect, was filled up with $80,808; that for payment of each of the Commissioners in London, with $6,667 50; and

trade if the Treaty did not go into effect, which depredations and the outrageous impressment of agitation which has been excited in the public our seamen, however, are still continued, and the mind, had determined a number of members to vote for carrying the Treaty into effect, who have expressed a high degree of disapprobation of the instrument. He said, that he felt the fate of these imperious circumstances, and they had determined him to waive his objections arising from the want of reciprocity, security against continued hostilities, or other defects of the Treaty, if it had not been perseveringly advocated on principles abhorrent to our Government, and which, if admitted, effected a change of its principles equal to a revolution.

He said, he had examined the Treaty in connexion with the principles on which it was advecated, with the most unprejudiced deliberation of

which he was capable, and could not justify himself in sanctioning an exercise of powers founded on so dangerous a latitude of construction, as acknowledged a transfer of the powers specifically vested in Congress, without its concurrence or

consent.

He said, that the power of regulating commerce with foreign nations was as explicitly vested in Congress, as the powers of appropriating money, declaring war, levying taxes, &c., and by the principles on which the Treaty is advocated, the negotiating power may exercise these or any other or all the Legislative powers of Congress, or transfer them to be held in concurrence between the negotiating power and foreign nations, without the concurrence of Congress, with which these powers are specifically vested and expressly guarded.

[H. or R.

Treaty, its principles were so essentially changed that he felt himself constrained to vote against the bill for carrying a Treaty into effect which embraced such powers and was supported by such principles. The power of sequestrating debts he did not at this time object to, on account of our peculiar circumstances with relation to Britain. Sequestration stood connected with war, as it was of use only as a means of preventing war or carrying it on with advantage: therefore, the formal power of declaring war may, on the same principles, be exercised by the Executive; and war is more frequently engaged in Europe by Treaties than by any other method.

Our Constitution undoubtedly intended to prevent the exercise of this power by Treaties, but it has as explicitly restrained the power of regulating commerce.

He said, he wished to give his testimony by having his nay on the Journals; but, as it was his misfortune to be out when the yeas and nays were called on the same question, and not the fault of the House, it would be improper for him to urge a repetition of the call merely on his own account, but would be glad if any other member would call them that he might have an opportunity to give his nay. Whether the names were called or not, he said he would vote against the bill.

He added, that the construction on which the Treaty was supported, viz: that the Treatymaking power might exercise any or all of the powers vested in Congress, as far as they related to foreign nations, was not supported by the Constitution, but destructive of it; declarations of war and all things connected with them, have as necessary a relation to foreign nations as the regulating of commerce has, and the levying taxes and appropriating money for carrying such Treaties into effect have as much relation to foreign nations as the regulations of commerce, as they Mr. JACKSON said, he had yesterday declared cannot be carried into effect without the exercise his intention of calling for the yeas and nays upon of these powers; consequently, on the principles the passing of the bill; but, as it had since occuron which the Treaty is supported, the PRESIDENT, red to him, that it might be thought this would with the consent of the Senate, in its Executive be carrying opposition too far, he would decline capacity, may declare war, levy and appropriate persisting in his intention. The yeas and nays money, and exercise every other Legislative pow- were, therefore, not taken. er vested in Congress, by only connecting the exercise of them with the Treaty form. He said, this was not sanctioned by the words of the Constitution; it is no where said that the negotiating powers should exercise any or all the powers vest- Mr. GOODHUE, Chairman of the Committee of ed in Congress by the only means of interesting Commerce and Manufactures, reported a bill for foreign nations in the exercise of them by Treaty. the relief of Samuel Brown; another for the reSuch a latitude of construction cannot be admit-lief of Moses Myers; another for the erection of a ted, because it subjects all the Legislative autho-light-house on Cape Cod; and one for the estabrity to the discretion of the Executive and foreign

nations.

WEDNESDAY, May 4.

lishment of certain new ports of entry and delivery; which were severally twice read, and ordered to be engrossed for a third reading.

Mr. G. also made a report on the petitions of certain custom-house officers, recommending that they should lie over till the next session. Agreed to.

He said, the only expressions on which this new construction rested was the declaration that the PRESIDENT and Senate shall make Treaties; but the declaration in the Constitution that Congress, consisting of a Senate and House of Representatives, shall make all laws; yet, notwith- Mr. NICHOLAS, Chairman of the Committee apstanding the positiveness of the word "make," pointed to confer with a committee from the Sewhat they do make is not a law until it is ap-nate, with respect to the business which remained proved and signed by the PRESIDENT. Admit the word "make" to have the same meaning in the one case as in the other, and the difficulty is removed. The construction for which he contended preserved the Constitutional powers in their proper departments, and where the negotiating power thinks it proper to treat on Legislative subjects. Let the concurrence of Congress be obtained, as is usual in all free Governments, and the Constitution is preserved; but on the construction contended for by the advocates for the

necessary to be finished before the session ended, and when it would be proper to adjourn the same reported it as the recommendation of that committee that the session should be adjourned on the 20th of the present month. He also reported a list of business which was entitled to a preference.

The House resolved itself into a Committee of the Whole on the report of the committee on the subject of Post Offices and Post Roads; which, having gone through, and made several amendments, the House took up the consideration of

them, and the report was referred to a select committee to bring in a bill or bills.

Mr. SITGREAVES, Chairman of the Committee appointed to consider upon the petition of certain attorneys respecting the holding of District Courts at Yorktown and Philadelphia, reported a recommendation that that part of the act which directs the sessions to be held alternately at Philadelphia and Yorktown, be repealed, &c., and some other regulations made. The report was agreed to, and a bill directed to be brought in.

The House resolved itself into a Committee of the Whole upon the report of the committee to whom was referred the Message of the PRESIDENT respecting the forming the Territory South of the river Ohio into a new State, by the name of Tennessee; and several documents relative thereto having been read, the Committee rose, and had leave to sit again.

A message was received from the Senate, informing the House that the Senate had agreed to the several bills for carrying into effect the four Treaties lately concluded. Two trifling amendments were made in that for carrying into effect the Treaty with Spain; which were agreed to. The House then resolved itself into a Committee of the Whole on the bill allowing a certain compensation for horses killed in battle; which having gone through, the House took it up, and ordered it to be engrossed for a third reading.

THURSDAY, May 5.

The SPEAKER informed the House that he had received a letter from the Governor of Maryland, informing the House that an election for a member of Congress, in the place of Mr. DUVALL, resigned, had taken place; which communication was read. The gentleman elected is RICHARD SPRIGG, Jr.

A report of the Attorney General, relative to the contracts of John Cleves Symmes, for certain lands in the Northwestern Territory, was twice read, and ordered to be committed to a Committee of the Whole.

The following bills were read the third time and passed, viz: for compensating Jonathan Hastings for extra services; for the relief of Samuel Brown; for the relief of Moses Myers; for authorizing a light-house on Cape Cod; for allowing compensation for horses killed in battle; for establishing several new ports of entry and delivery.

Mr. SITGREAVES reported a bill for repealing so much of the act as directs that the District Courts of Pennsylvania shall be held alternately at Philadelphia and Yorktown; which was twice read. and ordered to be engrossed for a third reading.

[MAY, 1796.

State of Delaware, praying that provision might be made to prevent the stealing of negroes and mulattoes. On the first case, the report was in favor of the memorialists; it was twice read, and a bill ordered to be brought in. Upon the latter, a law was recommended to be passed, and the report was committed to a Committee of the Whole.

The House resolved itself into a Committee of the Whole on the bill making provision for the payment of certain debts due to the Bank of the United States; which having gone through, the Committee rose, took it up, and it was ordered to be engrossed for a third reading.

ADMISSION OF TENNESSEE.

The House then resolved itself into a Committee of the Whole on the Message of the PRESIDENT, relative to the Tennessee country. The report of the select committee was read, as follows:

Resolved, That, by the authenticated documents accompanying the Message from the President of the United States to this House, on the 8th day of the predate the 13th of July, 1787, and by the law of the Unisent month, and by the ordinance of Congress bearing ted States passed on the 26th of May, 1790, it appears that the citizens of that part of the United States which has been called the Territory of the United States South of the river Ohio, and which is now formed into a State, under a Republican form of Government, by the name of Tennessee, are entitled to all the rights and privileges to which the citizens of other States in the Union are entitled under the Constitution of the United States, and that the State of Tennessee is hereby declared to be one of the sixteen United States of America."

Mr. W. SMITH rose and said he was opposed to the report. He thought the select committee had not attended to some important principles which resulted from an examination of the subject. Several questions arose in his mind, on considering it: 1st. What were the rights of the people of the Territory South of the Ohio, as secured to them by compact with the United States?2d. By what authority was the census to be taken in order to ascertain the requisite number of inhabitants to entitle them to a participation in the Federal compact? 3d. Had the census been fairly taken ?

1st. The rights of the people of the Territory South of the Ohio were founded on the act of Congress of April, 1790, accepting the cession of North Carolina; the deed of cession, as recited in that act, ascertained the rights of the inhabitants of the ceded Territory. The fourth section of the cession stipulated that "the Territory so ceded shall be laid out and formed into a State or States," containing a suitable extent of territory; the inMr. GOODHUE, Chairman of the Committee of habitants of which (that is, of which State) shall Commerce and Manufactures, made a report on enjoy all the privileges set forth in the ordinance the memorial of Sylvanus Bourne, Vice Consul of Congress of July, 1787, for the government of at Amsterdam, for the reimbursement of two hun- the Territory Northwest of the Ohio. That ordidred and six dollars, expended in the relief of the nance was therefore to be considered as the charmaster and crew of the ship Washington, which ter of the Territory; in that were to be found the was wrecked on the coast of Holland, in Novem-rights of its inhabitants, and their claim to a parber last; and also upon the petition from the ticipation in the councils of the Union.