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H. OF R.

The Mint-Salaries of Officers.

the Legislature of the State of Ohio to make application to the General Government for the objects included in the following resolutions; as he meant to move for their reference to a Committee of the Whole, it was unnecessary to offer any argument on them:

Resolved, That the President of the United States be authorized to loan to the State of Ohio, for the term of seven years, seven thousand stand of arms, for the purpose of arming in part the militia of the said State; under such restrictions and regulations as to safe keep ing and re-delivery as the President may prescribe.

Resolved, That the President of the United States be authorized to, loan to the State of Ohio, for the term of seven years, twenty pieces of field artillery, with carriages complete, for the use of the artillery companies of militia in the said State; under such regulations and restrictions as to safe keeping and re-delivery as the President may prescribe.

The resolutions were referred to a Committee of the Whole on Monday uext. THE MINT.

The House went into Committee of the Whole, on the bill for continuing the Mint at Philadelphia; and

Mr. ALSTON said, having been the chairman who reported the bill, although hostile to the Mint Establishment altogether, he moved to fill the blank for its continuance with five years.

Mr. DAWSON suggested that the present law continued the Mint till 4th March, 1809, and wished the Committee to rise, that they might be refused leave to sit again.

After some conversation on the construction of the former law, and a motion being made to fill up the blank with a specific time from which the continuance for five years should take date. After considerable and desultory conversation on a motion for the Committee to rise, and ask leave to sit again, it was carried-46 to 40.

FRIDAY, January 15.,

Mr. PARKE, from the committee appointed on the thirteenth instant, presented a bill extending the right of suffrage in the Indiana Territory; which was read twice and committed to a Committee of the Whole on Tuesday next.

Mr. PORTER from the committee appointed on the twenty-third of December last, presented a bill supplementary to an act, entitled "An act for the relief of persons imprisoned for debt;" which was read twice and committed to a Committee of the whole House on Monday next.

Mr. G. W. CAMPBELL, from the Committee of Ways and Means, presented a bill for the relief of Edward Weld and Samuel Beebee; which was read twice and referred to a Committee of the Whole on Monday next.

Mr. RANDOLPH, from the committee appointed to wait on the President of the United States with two resolutions passed on Wednesday last, together with certain documents laid on the table of this House, reported that they had obeyed the order of the House, and had received for answer from the President that, in relation to the

JANUARY, 1808.

first resolution, he would send an answer to the House in writing; and, in relation to the second, that he would give to the House such information not improper to be disclosed, as comes within the scope of that resolution, and which might be in possession of the Executive department.

Mr. DAWSON, from the committee to whom was referred a resolution on the subject, reported a bill for procuring a formidable train of field artillery for the service of the United States; which was read twice and referred to a Committee of the Whole on Monday next.

SALARIES OF OFFICERS.

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act to continue in force, for a limited time, an act, entitled 'An act continuing, for a limited time, the salaries of the officers of Government therein mentioned:"

The amendments were to strike out in the fourth and fifth lines of the engrossed bill, the words, "continue in force for the term of three years, and to the end of the next session of Congress thereafter, and no longer," and to insert, in lieu thereof, the words "hereby is made perpetual;" also, to strike out the words "for a limited time," in the first line of the title of the said bill:

On concurring with this amendment some debate arose.

Mr. GARDNER thought the salaries too high; but he was willing to make them permanent, in order to prevent them from being raised still higher.

Mr. DANA thought it would be well to render the salaries permanent, but he conceived they were not at present duly proportioned. The subject required more attention than had been bestowed upon it. He was, therefore, opposed to rendering the present act permanent, without further

consideration.

Mr. W. ALSTON replied, that when the act was passed in 1804, it received all the attention and investigation that was wished by any gentleman.

Mr. LYON was against rendering the act perpetual. He wished always to keep the subject in the power of the House. He hoped the Republican majority would not do that which the party exclaimed against when there was a Federal majority in the House. For himself, he had always been consistent in his sentiments on the subject of salaries; and he hoped the Republicans would all be consistent in their conduct. When a majority, he hoped they would not do that which, when in a minority, they reprobated.

Mr. DESHA also opposed the amendment. The House ought to keep the power in their hands. From his legislative experience, he had found it much easier to raise than to diminish salaries.

Mr. SLOAN said the House ought always to keep in their reach all grants of salaries. He would not for himself depart from what he conceived to be the true ground-work of Republican principles.

Mr. TAYLOR advocated the amendment. From the repeated continuance of these salaries, an ar

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gument might be drawn in favor of rendering them permanent. It was aristocracy to give low salaries; for in that case you drive from office all men of talents who are not possessed of ample

fortunes.

H. OF R.

Butler, Joseph Calhoun, John Campbell, Peter Carlton, John Chandler, Martin Chittenden, Matthew Clay, Samuel W. Dana, John Davenport, jun., John Dawson, Josiah Deane, Joseph Desha, Daniel M. Durell, William Ely, Meshack Franklin, Barent Gardenier, Mr. SMILIE Supported the amendment. He did James M. Garnett, Charles Goldsborough, Edwin Gray, not wish the subject discussed every three John Harris, John Heister, William Hoge, Benjamin years, for neither party gained much credit by it. The Howard, Daniel Ilsley, Robert Jenkins, James Kelly, party in the minority had always opposed raising Joseph Lewis, junior, Edward St. Loe Livermore, John Philip B. Key, William Kirkpatrick, John Lambert, or continuing the salaries, because their friends Love, Matthew Lyon, Nathaniel Macon, Robert Marwere not to have them. This was the true secretion, Josiah Masters, William Milnor, Daniel Montof the business, and it reflected no credit upon gomery, jun., John Morrow, Jonathan O. Mosely, either party. Gurdon S. Mumford, John Pugh, Josiah Quincy, John Randolph, John Rea of Pennsylvania, John Rhea of Tennessee, Jacob Richards, Matthias Richards, Samuel Riker, John Rowan, John Russell, James Sloan, Samuel Smith, John Smith, Henry Southard, Richard Stanford, William Stedman, Clement Storer, Lewis B. Sturges, Peter Swart, Samuel Taggart, Abram Trigg, George M. Troup, Jabez Upham, James I. Van Allen, Nicholas Van Dyke, Archibald Van Horne, Killian K. Van Rensselaer, Robert Whitehill, Isaac Wilbour, Marmaduke Williams, Alexander Wilson, Richard Wynn, and James Witherell.

Mr. CHITTENDEN opposed the amendment. He believed the former salaries were sufficient to command the requisite talents. There seemed to be no difficulty in finding men to accept public offices.

Mr. LYON spoke once more against the amendment. It is said that we can lower the salaries, if necessary; meaning by we, the Senate and President also. Mr. L. did not wish to extend the copartnership. He wanted to say we, the House of Representatives. He feared the time would come when they must lower the salaries, because they would not be able to pay them. Now the Republicans were a majority, he hoped the House would not give up the purse-strings of the nation to the other branches.

Mr. TAYLOR thought the salaries of 1799, passed in the time of Mr. Adams's Administration, was not the mill-stone which hung round their necks, for as soon as we came into power we took up the same cross, and have borne it upon our shoulders. We continued the act, and, as Mr. T. thought, ought to make it perpetual.

GOVERNMENT CONTRACTS.

On motion of Mr. BASSETT, the House went into Committee of the Whole on the resolutions submitted by him some days ago relative to the

contractors.

The first resolution being under consideration, as follows:

Resolved, That provision ought to be made by law to prohibit the officers of Government from making any contract, on behalf of the United States, with any person being a member of either House of Congress, or with any other person for his or their use.

Mr. HOLLAND had always conceived the salaries ought to be permanent. It would save much Mr. BASSETT said, he presumed that this prounnecessary time spent in debate upon what might position possessed sufficient intrinsic merit not to be called splitting of hairs. It made but the dif-require the aid of extensive talents or laborious exference of three or four thousand dollars. No man had complained since the removal of the Government to Washington City that the salaries were too high.

ertions of any gentleman to advocate it. He assumed it as an axiom, that fundamental principles must rest for their security on the purity of the Representative body. He should however, trust the support of this measure to its own im

Mr. BIBB moved to strike out the words "made perpetual," and insert "is continued in force un-portance. til repealed."

Mr. GARDNER wished to know the difference between the words to be stricken out and those to be inserted.

Mr. BIBB's motion was lost without a division. The question was then taken on concurring in the amendment of the Senate, and lost-yeas 26, nays 82, as follows:

YEAS-Willis Alston, jr., David Bard, William W. Bibb, George W. Campbell, Epaphroditus Champion, Howell Cobb, Richard Cutts, James Elliot, William Findley, Francis Gardner, Isaiah L. Green, William Helms, James Holland, Walter Jones, William McCreery, Nicholas R. Moore, Jeremiah Morrow, Thomas Newbold, Thomas Newton, John Porter, Dennis Smelt, John Smilie, Jedediah K. Smith, John Taylor, Daniel C. Verplanck, and Jesse Wharton.

NAYS-Evan Alexander, Lemuel J. Alston, Ezekiel Bacon, Joseph Barker, Burwell Bassett, Thomas Blount, Robert Brown, William A. Burwell, William

The resolution was carried-59 to 15.

The second resolution being under consideration, as follows:

Resolved, That every contract hereafter to be made on the part of the Government of the United States, shall contain a clause or condition to render the contract absolutely void, if the contractor should be elected a member of either House of Congress.

Mr. ROWAN objected to its passage, inasmuch as it was adding a qualification to Representatives, which Congress had no right to do, and as it might operate as an ex post facto law, vacating contracts already made.

Mr. CHANDLER objected to it, as it might have a tendency to prevent the fulfilment of contracts. A man might have made a contract, received a sum of money on account of it, and, by being elected a member of Congress, could evade the fulfilment of his contract; or might be deprived

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of an advantageous contract by being elected a member without his consent.

Mr. G. W. CAMPBELL wished to see no gentlemen contractors on this floor. This resolution only went to affect contracts hereafter to be made. Although no member of this or any future Congress might be affected by existed contracts, he wished to do away every inducement whatever, either to increase salaries or remunerate officers. As to the Constitutional power of adopting this measure, a moment's reflection would show that it was not intended to add a qualification to a member of Congress. If a man holding a contract became a member of Congress, it was intended that his contract should thereafter cease.

Mr. KEY.-Suppose a contract made with a person not a member; if this person becomes a member, his contract is absolutely void. It would operate as an encouragement for violating contracts. Every person holding a contract on which he had received advance or which he did not like, might, by being elected a member, vacate his contract; which could not be intended by the honorable mover of the resolution.

Mr. BASSETT said, he was more sensible now than heretofore of an embarrassment, in speaking on a subject of so much importance, proceeding from his having been so little in the habit of addressing a public body, which prevented him from expressing with ease those sentiments which occurred to him. He did feel, however, that there was not a principle contained in these resolutions which was not perfectly consonant with the Constitution not a position which did not bear properly on the subject. Mr. B. referred to this clause in the Constitution: "No Senator or Representa'tive shall, during the time for which he was elected, be appointed to any civil office under the ' authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either House during his 'continuance in office." He feared that even in reading this clause, he could not be heard by every gentleman; but, it surely was not necessary to tell gentlemen that it was a fundamental principle that no man should have a vote in creating any office in which he would be interested. What was the case in making contracts? Did they not vote almost daily large sums for contracts, and might they not become participators in their profits? And if this had not been the case heretofore, how had they been restrained? by the disposition of the officers of Government not to make contracts with members, and by the conviction of the members themselves, that it would be contrary to the spirit of the Constitution. If this conviction did not exist, the largest contractors in the nation would be found in this House. If it were only to guard against this principle of favoritism, he should perhaps have supported the proposed measure; but there was a Constitutional ground on which he wished to act. The Constitution had declared that the Representatives of the people should be pure. Was there not a door open here

JANUARY, 1808.

for undue influence by permitting a person to come here and vote for a contract, and go to the public offices, and immediately become parties to the same contract? He thought there was, and this he wished to guard against. He was not surprised at objections made to any general proposition; human nature was so prone to differ on general topics, that he supposed gentlemen might differ with him in opinion. But for this he should have been much surprised at the objection made by the gentleman from Maryland; for he, being a professional man, must know that money advanced on a contract could be recovered by law on a breach of that covenant; and surely it was in the power of the Legislature to annex any condition to contracts. The objection taken by the gentleman from Massachusetts would have weight if it were correct on principle; it could be remedied by making it necessary for a contractor to accept the office before his contract would be void. Mr. B. had no idea of a man's having an office forced upon him, to his prejudice or injury. He thought it better to let the propositions stand upon the broadest possible basis; and when the bill was brought forward, if objectionable, it could be amended. He was willing to admit any modification; but hoped gentlemen would be content to take the sense of the House on the general principle, and see whether the Constitution would bear them out in running this parallel, for parallel he might be permitted to call it; as the same principle which prevented a man from voting for the establishment of an office which he might obtain, would prevent a man from voting for contracts in which he participated; and if the Constitution prohibited public officers from having a seat on this floor, the same principle would apply to contractors. Had not a contractor the same liens on his mind, as if he received money as a public officer? He believed when they saw the practice of the country so strongly enforcing this principle; when they saw the public officers refraining from making contracts with members of Congress, and members refusing to accept of them from a conviction of its impropriety, it would not need argument or eloquence to show that they should provide by law against the possibility of a contrary practice taking place.

Messrs. SOUTHARD and W. ALSTON suggested the propriety of altering the phraseology of the resolution; for as it stood at present, if a person were employed to build a ship, and he should be elected a member of this House without his knowledge, the contract was void, and the public business would be arrested, and the man might be ruined. The same might be said of contracts for carrying the mail of the United States. Suppose a person contracting to carry the mail from the City of Washington to New Orleans, were to be elected a member of this House, the contract would be void, and the mail totally arrested.When a man entered into a contract with the United States, he gave security for his compliance with the conditions of the contract; he is elected a member of Congress, he has committed a breach of contract, and he and his securities must suffer

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a very heavy loss. On the other hand, if a man had received money in advance, he might avail himself of his election to a seat in Congress to vacate his contract.

TUESDAY, January 19.

H. of R.

observed in this House; and after some time spent therein, the Committee rose and reported their agreement to the same, with several amendments. The House proceeded to consider the amendments, Mr. SMILIE suggested to the mover the pro-and ordered that the farther consideration of the priety of the Committee's now rising, reporting report and amendments be postponed until Friday assent to the first resolution, and asking leave that next. it might be refused to sit again on the others; as the first resolution embraced the principle, and the others went to detail, which could be as well accomplished in the bill. Mr. BOYLE presented a petition, in the French Mr. MACON said the introduction of this prin-language, and a translation of the same, from sunple was only intended to guard against the evils dry inhabitants of the Territory of Michigan, whose which might arise. Whilst they were pure was names are thereunto subscribed, praying that furthe time to guard against corruption. The exther time may be allowed for making entries of ceptions which had been made were merely verclaims to lands in the said Territory; and that bal. The only question in deciding on general such provision may be made as Congress in their resolutions of this kind was, whether the subject wisdom may deem proper, to grant to all persons was worthy the attention of the House. Would within the said Territory, titles in fee simple to any one say after hearing the provisions of the lands justly claimed by them, whether consisting Constitution which had just been read, that it was one or more parcels; and, also, that an extennot according to the spirit of the Constitution, or sion may be made of the lands in the old settlethat it was not important that this body should ment, on the river Detroit, for the reasons therein be as pure as purity itself, and therefore that its specified.-Referred to the Committee on the Pubmembers should have no concern with the public money? It was to be supposed that those officers who made contracts on the part of the United Resolved, That the Committee on Public Lands States, would sufficiently guard them from eva- be instructed to inquire into the expediency of ansion; but even granting all that had been connexing to the Vincennes district the tract of countended for, whether was it better that the United try purchased of the Piankeshaw tribe of Indians, States should lose the benefit of a good contract, on the thirtieth of December, one thousand eight or continue a contractor on this floor? There hundred and five; and that they have leave to could be no hesitation in deciding upon general report by bill, or otherwise. principles that they should in preference give up the contract. He thought, however, that this resolution need not be adopted, as the first contained the principle, and this would be merely an instruction to the committee to whom the other was referred.

Mr. BASSETT moved that the Committee should rise and report assent to the first, with a view of moving that they be discharged from the consideration of the remaining resolutions.

of

lic Lands.

On motion of Mr. PARKE,

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of annexing the lands that lie on the eastern part of the district of Vincennes to the Jeffersonville district; and that they have leave to report by bill, or oth

erwise.

dicial

Mr.CHITTENDEN, from the committee appointed on the third ultimo, presented a bill, in further addition to an act, entitled "An act to amend the Jusystem of the United States;" which was After some objections to the detail of the prop-read twice and committed to a Committee of the osition, from Messrs. HOLLAND and QUINCY, the Whole on Friday next. Committee rose and reported the first resolution, which was agreed to by the House, and referred to a committee of five members to bring in a bill. Mr. NEWTON moved for the order of the day on the report of the Committee of Commerce and

Manufactures on the memorial of merchants of

Philadelphia, praying a modification of the embargo law.

But before it was taken up, a motion to that effect being made, the House adjourned.

MONDAY, January 18.

An engrossed bill making making appropriations for the support of Government, during the year one thousand eight hundred and eight, was read the third time and passed.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting a report prepared in pursuance of the "Act regulating States;" also, the copy of a letter to him from the the currency of the foreign coins in the United Director of the Mint; which were read, and referfurther to prolong the continuance of the Mint at red to the Committee of the Whole, on the bill Philadelphia.

Mr. NEWTON, from the Committee of Commerce and Manufactures, presented a bill to erect a lighthouse on Point Judith, in the State of Rhode Island; which was read twice and committed.

NATURALIZATION LAWS.

Mr. BURWELL begged leave to offer a resolution to the consideration of the House, on the subject of which it was not his intention now to make any The House resolved itself into a Committee of observations; it was upon the subject of the natthe Whole on the report of the select commit-uralization laws of the United States. Upon extee appointed to prepare and report such standing amination of the Constitution, it would be found rules and orders of proceeding as are proper to be I that Congress had now, since the 1st of January,

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1808, full power to act on the subject, and dispose of it in such manner as the public good might require. It was now in their power to exclude foreigners from the country altogether, or admit them under such restrictions as might be deemed consistent with the public interest. He therefore hoped the resolution would be agreed to, and give him an opportunity of introducing such a bill as he contemplated, and on which the House might then decide. The resolution is as follows:

THE MILITIA.

JANUARY, 1808.

On motion of Mr. M. CLAY, the House went into a Committee of the Whole, on the bill more effectually to provide for the national defence by the militia of the United States.

The first section being read, as follows:

"That all the militia of the United States, liable to do duty, over twenty-one and under -years of age, shall be deemed and held in requisition, and called the junior class of militia. And the President of the United States shall be, and he hereby is, authorized, on the appearance of national danger, to order out the same, or any part thereof, to any part of the United States or their territories, for not more than one whole

Resolved, That a committee be appointed to inquire into the expediency of amending the act of Congress, passed the 14th of April, 1802, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject." The resolution was agreed to, and Messrs. BUR-year at any one time. And whensoever a part of the WELL, QUINCY, MACON, G. W. CAMPBELL, SMILIE, FISK, and J. MONTGOMERY, were appointed the committee, with leave to report by bill, or other

wise.

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The first resolution contained in the report, which provides for increasing the Army of the United States, being under consideration,

Mr. DAWSON said it was not at this time intended to fill the blanks in the resolution, which would be the subject of the bill; but, as the details of such a bill would require considerable time, he hoped the Committee would immediately agree to pass the resolution.

The second resolution, which provides for the increase of the Marine corps, being under consideration,

said junior class shall, by the President of the United States, be called into actual service, such call shall comfirst, and so in rotation: the same shall not be commence with those that are lowest in number, as to age

pelled to do duty a second time until the whole of the said junior class shall have served one tour; and when shall be armed and equipped by the United States. called into the actual service of the United States, they For this purpose two hundred thousand stand of arms complete, shall be deposited in such places as the Presi

dent of the United States shall direct, and whensoevor the whole, or any part of the said junior class of militia, shall be called into actual service by the United States, and shall be armed and equipped by the same, it shall be lawful, and they, and each of them, are hereby permitted to retain the said arms and accoutrements, as their own property, any law to the contrary notwithstanding.'

Mr. M. CLAY said it was necessary to fill the blank in the first section, before they proceeded any further, and it was incumbent on those who were friends to this project, to show, that there were defects in the militia law as it now stood; Mr. DAWSON said, the same observation would and, if they could prove to the House that the apply to this, to which, if the House would agree, system offered was better than the old one, he he should not call up the third, (for increasing the presumed there could be no objection to the bill Navy of the United States,) but he would offer a under consideration. At all events he wished fourth resolution. A law had been passed for the gentlemen to take a serious view of the subject; erection of a large number of gunboats, thirty of it was a great national question, on which the which he was informed were ready for service, salvation of the country depended. He would and no provision made for a single sailor to man endeavor to bring forward the best testimony that them. It was known that the seamen in some of could be had to prove that the present system was the Northern ports were much discontented from defective, and he hoped he should be able to do it. being out of employ. In this state of things, he I will commence with the adoption of the Conhoped no objection would be made to employ such stitution under which we are now acting. We a number of men as should be necessary for the find that President WASHINGTON always kept this public service. He therefore moved the follow-subject in the view of the National Legislature. ing resolution: This shows that there was something in his opinResolved, That it is expedient to authorize the Pres-ion to do; it was not his business to tell us what ident of the United States to employ on board the gun- it was, but ours to find out. If gentlemen will boats such additional number of seamen, not exceeding take up the Presidential communications from the as in his opinion the public service may require. commencement of the Government, they will find These resolutions being agreed to without de- that the subject has been uniformly recommended bate, the Committee rose and reported them to the by each successive President of the United States House, when the first was agreed to-ayes 66; the to the present time. I state this as a strong evisecond, without a division; the third, ayes 64; and dence that, in their opinion, a change was wantreferred to the same committee who reported them, ing somewhere. Next to this I will call your to bring in a bill or bills. attention to the communications made from the State Executives to their Legislatures. We find also, that the State Legislatures, almost every year, and in every session, have had the subject

Leave was obtained for the Committee to sit again on the resolution relative to an increase of the Navy-ayes 61.

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