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H. OF R.
Nays-Evan Alexander, Lemuel J. Alston, Willis The Senate have also passed the bill, entitled
A motion being made by Mr. G. W. CAMPBELL,
SATURDAY, January 30.
Mr. MARMADUKE WILLIAMS, from the commitduke Williams, Richard Winn, and James Witherell. sented a bill for the punishment of certain crimes
On motion of Mr. Dana, the Committee of the therein mentioned which was read iwice, and Whole was discharged from the further consider committed to a Committee of the Whole on ation of the bill, and it was referred to a select Monday next. committee.
Mr. John MONTGOMERY, from the committee to
whom was referred, on the twentieth instant, a THURSDAY, January 28.
Message from the President of the United States, Mr. SOUTHARD, one of the members for the accompanied with sundry documents, presented a State of New Jersey, informed the House of the bill concerning courts martial and courts of in
quiry; which was read twice, and committed to death of his colleague, Mr. Ezra Darby, late one of the members of this House: Whereupon, the a Committee of the Whole on Tuesday next.
The bill sent from the Senate, entitled "An act House came to the following resolutions:
to revive and continue in force the nineteenth Resolved, That a committee be appointed to take section of an act, entitled 'An act to ascertain order for superintending the funeral of Ezra DARBY, and fix the Military Establishment of the United Esq., late a Representative from the State of New
States,' and to extend the provisions thereof,"
was read twice, and committed to a Committee
The House took up for consideration the amendon the left arm for one month.
Resolved, unanimously, That the members of this tion for the support of Government.
An amendment allowing the Attorney General on to-morrow at twelve o'clock.
Resolved, unanimously, That a message be sent to tingent expenses being under consideration, after
Ordered, That Mr. SOUTHARD, Mr. Masters, greement. The question being taken on concur-
The House went into a Committee of the
Judith in the State of Rhode Island. The blank
in the bill for the appropriation being filled with
the blanks severally filled, the Committee rose and TREATIES WITH THE INDIANS. reported the bill, which was ordered to a third The following Messages were received from reading on Monday.
the PRESIDENT OF THE UNITED STATES: AMENDMENT TO THE CONSTITUTION. To the House of Representatives of the United States: Mr. G. W. CAMPBELL.-It has always been my
The Choctaws being indebted to their merchants opinion that in a free Government like ours, every beyond what could be discharged by the ordinary prodepartment ought to be responsible for its conduci. ceeds of their huntings, and pressed for payment, proThe Constitution of the United States was evi- posed to the United States to cede lands to the amount dently framed on this principle, and the preserva- of their debts, and designated them in two different tion and security of the rights and liberties of the portions of their country. These designations, not at citizens and the due execution of the laws will creditors, as well as by their own desire to be liberated
all suiting us, were declined. Still urged by their be found to rest, in a great degree, on rendering from debt, they at length proposed to make a cession public agents sufficiently and practicably respon- which should be to our convenience. By a treaty sible for their conduct to the nation. That this signed at Pooshapukanuk, on the sixteenth of Novemis not the case with the Judiciary of the United ber, one thousand eight hundred and five, they accordStates has been proved by experience. Your ingly ceded all their lands south of a line to be run judges once appointed are independent of the Ex- from their and our boundary at the Omochita, eastecutive, the Legislature, and the people, and may wardly to their boundary with the Creeks, on the ridge be said to hold their offices for life. They are re between the Tombigbee and Alabama, as is more parmovable only on conviction by impeachment of ticularly described in the treaty, containing about five high crimes and misdemeanors, and this mode of millions of acres, as is supposed, and uniting our posproceeding has been found in practice totally in- sessions there from Adams to Washington county. efficient, and not to answer the purpose for which The location contemplated in the instructions to the it was intended-ihat of rendering your judges Commissioners was on the Mississippi. That in the duly responsible for their conduct. They may inclined to its ratification, and have suffered it to lie
treaty being entirely different, I was, at that time, distherefore be considered as independent of the rest of the nation, and they seem to think so them unacted on. But progressive difficulties in our foreign selves.) as if this provision in the Constitution: than those which then prevailed. It is now, perhaps,
relations have brought into view considerations other relative to impeachment, did not exist. No matter how erroneous their opinions-how dangerous of militia along our Southern frontier, eastward of the
as interesting to obtain footing for a strong settlement to the public weal-how subversive of the inter- Mississippi, as on the west of that river, and more so est of the people-how directly opposed to the than higher up the river itself. The consolidation of laws of your country; yet, as it is neither a high the Mississippi Territory, and the establishment of a crime or misdemeanor to hold erroneous opinions, barrier or separation between the Indians and our which they seem conscientiously to believe, they Southern neighbors, are also important objects; and, cannot be removed by impeachment--they are the Choctaws and their creditors being still anxious independent of the rest of the nation.
that the sale should be made, I submitted the treaty to This subject has attracted the attention of the the Senate, who have advised and consented to its ratipeople in most of the States. The Legislatures fication. I therefore now lay it before both Houses of of several States have passed resolutions declar. Congress for the exercise of their Constitutional powing the necessity of amending the Federal Con- ers as to the means of fulfilling it. stitution, so as to render the judges, in practice as
TH. JEFFERSON. well as in theory, responsible for their conduct.
JANUARY 30, 1808. The most numerous branch of the Legislature of To the House of Representatives of the United States: the State which I have the honor to represent in
The posts of Detroit and Mackinac having been orie part, have declared their opinion in favor of such ginally intended by the Governments which established amendment. In order therefore, to bring this sub- and held them, as mere depots for commerce with the ject before the House, that the sense of the Na. Indians, very small cessions of land around them were tional Legislature may be ascertained thereon, I obtained or asked from the native proprietors, and these submit the following resolution :
posts depended for protection on the strength of their Resolred, by the Senate and House of Representatives garrisons. The principles of our Government leading of the United States of America, in Congress assembled, us to the employment of such moderate garrisons in two-thirds of both Houses concurring therein, That time of peace, as may merely take care of the post, and the following amendment to the Constitution of the to a reliance on the neighboring militia for its support United States be proposed to the Legislatures of the in the first moments of war, I have thought it would several States, which, when ratified by the Legislatures be important to obtain from the Indians such a cession of three-fourths of the said States, shall be valid to all in the neighborhood of these posts as might maintain intents and purposes, as part of the said Constitution : a militia proportioned to this object; and I have parThe Judges of both the Supreme and Superior Courts ticularly contemplated, with this view, the acquisition of the United States shall, after the
of the Eastern moiety of the peninsula between the be removed from office by the President of the United Lakes Michigan, Huron, and Erie, extending it to the States, on the joint address of both Houses of Congress Connecticut Reserve, as soon as it could be effected requesting the same, three-fifths of each House con- with the perfect good will of the natives. curring in such address.
By a treaty concluded at Detroit on the seventeenth This resolution was referred 10 a Committee of of November last, with the Ottoways, Chippeways, the Whole on the state of the Union.
Wyandots, and Pattawatimas, so much of the country
H. OF R.
Standing Rules and Orders.
has been obtained as extends from about Saguina bay, a turnpike road between the town of Alexansouthwardly, to the Miami of the lakes, supposed to dria and the City of Washington, and erecting a contain upwards of five millions of acres, with a pros- bridge over Four mile Creek; and that such pect of obtaining, for the present, a breadth of two powers and privileges may be granted to the said miles for a communication the Miami to the Con
company as Congress in their wisdom may deem necticut Reserve. The Senate having advised and consented to the rat- proper.-Referred to the Committee of the Dis
trict of Columbia. ification of this treaty, I now lay it before both Houses of Congress for the exercise of their Constitutional Lands, presented a bill extending the time for issu
Mr. Boyle, from the Committee on the Public powers as to the means of fulfilling it.
ing and locating military land warrants; which JANUARY 30, 1808.
was read twice and committed to a Committee
of the Whole on Thursday next. The said Messages, together with sundry documents accompanying the same, were read, and and Post Roads, presented a bill to alter and es.
Mr. Rhea, from the Committee on Post Offices referred to the Committee of Ways and Means, tablish certain post roads; which was read twice with instructions to report thereon by bill or bills, and committed to a Committee of the whole or otherwise.
House on Monday next.
Mr. Holmes, from the Committee of Claims, The House resolved itself into a Committee of presented a bill for the relief of the legal representhe Whole on the report of the Committee of tatives of Thomas Barclay, deceased; which was Claims of the eighth instant, to whom was refer- twice read and committed to a Committee of the red, on the twentieth of November last, the peti- Whole to-morrow. tion of Mary Barclay, widow of Thomas Barclay, An engrossed bill making appropriation for the deceased; and, after some time spent therein, the support of the Navy of the United States, during Committee rose, and reported to the House cheir the year one thousand eight hundred and eighi, agreement to the resolution contained therein, was read the third time and passed. without amendment; which was twice read, and An engrossed bill to erect a light house on agreed to, as follows:
Point Judith, in the State of Rhode Island, was Resolved, That the proper accounting officers of the read the third time, and passed. Treasury be, and they are hereby, authorized to audit A message from the Senate informed the House the account of Thomas Barclay, deceased, and that they that the Senate have passed a bill, entitled "An allow him, while he acted as Vice Consul in France, a act to provide for the payment of certain expenses salary of one thousand dollars per annum; and that, incurred in the inquiry into the conduct of John while he acted as Consul, Commercial Agent, Commis. Smith, a Senator from the State of Ohio;" to sioner of Public Accounts in Europe, and was engaged which they desire the concurrence of this House. in negotiating the treaty concluded with the Emperor of Morocco, in the year one thousand seven hundred
STANDING RULES AND ORDERS. and eighty-seven, he be allowed a salary at the rate of On motion of Mr. BassetT the House proceeded three thousand three hundred and thirty-three and to consider the report of the Committee of the one-third dollars per annum, exclusive of his expenses; Whole on “ The standing rules and orders of the and that, in the adjustment of his accounts with the House." public, which originated in consequence of his second mission, he be credited with the amount of goods pur- admit within the colonade gentlemen who may
Mr. GARDENIER proposed an amendment to chased to take with him to Morocco, according to the have formerly been members of this House. This letters of Mr. Humphreys to the Secretary of State, and the invoices and memorandums transmitted by that
was opposed by Mr. Macon and others. gentleman to the Government; and that they pay the
Mr. Macon would admit no persons but Senabalance to the legal representatives of the said Thomas
tors. Foreign Ministers and Heads of DepartBarclay, deceased, out of any moneys in the Treasury, have curiosity to attend here, they may go into
ments had no business within the House. If they not otherwise appropriated. Ordered, That a bill, or bills
, be brought in, mitted, you must also admit the Judiciary, Gov
the galleries like other citizens. If these are adpursuant to the said resolution; and that the Committee of Claims do prepare and bring in the errors of States, &c. If you admit any, there is
no stopping; you must allow every respectable man to enter.
Mr. GARDENIER conceived it would be a pro. MONDAY, February 1.
per act of civility and of courtesy to allow genAnother member, to wit: George Clinton, ilemen, who have been members, to take a seat junior, from New York, appeared produced his within the colonade. The number would be so credentials, was qualified, and took his seat in the small as never to create any inconvenience. House.
After some further debate the motion was lost. Mr. Lewis presented a petition of sundry in- On the question of admitting the Heads of Dehabitants of the town and county of Alexandria, partments and foreign Ministers, some debate in the District of Columbia, praying that an act arose, in course of which, may be passed to incorporate a company, to be Mr. Dana observed, that the present galleries denominated “The Washington and Alexandria were, as to the purpose of hearing, no galleries at Turnpike Company," for the purpose of making all. The proceedings of the House were public
H. OF R. only in form, for, in this magnificently inconve-ing a decision. If foreign Ministers are now exnient edifice, little or nothing could be heard at cluded, it may have such influence upon their any distance
feelings as to affect the pending negotiation. They Mr. Eppes was for excluding Heads of Depart- have been accustomed to come with their suites, ments, and he wished never to be heard by the to attend the debates from the beginning of the agents of a foreign country. He, therefore, should session, and if now suddenly excluded they may be pleased to have them referred to the gallery. not understand the reason. Besides, the Judiciary, He thought, that in a free country, only two class- which is a co-ordinate branch of the Government, es should receive any peculiar distinction, old have in committee been excluded from a seat. men, and females. He had rather have the com- The Message of the President in relation to them pany of the ladies, than all the foreign Ministers is now on the table, and if this exclusion is sancthat ever came to this country.
tioned by the House, it will look like irritation on Mr. G. W. CAMPBELL was for admitting for our part against that branch of the Government. eign Ministers, Heads of Departments, and ladies He concluded by moving that the subject lie on also. As the debates of the House could not be the table. heard in the galleries, he would admit foreign Mr. Rhea opposed the motion. Among other Ministers within the colonade. Our Ministers in things, he said that he should be willing to be foreign countries are admitted to hear the debates heard by the whole human race if it were possible. of Legislative bodies, and we ought to reciprocate Mr. Sloan supported the motion. He observed the civility. Mr. C. was also for admitting as that the Supreme Court commenced their session much beauty as the House could accommodate. to-day. If we now adopt rules to exclude those
Mr. LIVERMORE advocated the propriety of ad- who heretofore have been admitted, it will have mitting Heads of Departments, foreign Ministers, an ill appearance and excite many hard thoughts and the Judiciary. He had no objection to ad- and sayings. The dignity of the House was conmit the ladies also. He could well account for cerned in this case. the sympathies of certain gentlemen on the sub- The motion was opposed by Messrs. STANFORD, ject of admitting the ladies. His situation was Bassett, and Macon. The debate on this point different from theirs.
was at length arrested by a motion from Mr. Mr. Sloan thought it a very improper time to CHANDLER to postpone the whole subject indefiexclude foreign Ministers when an Envoy Extra- nitely, He conceived the House could get along ordinary had just arrived, and an important nego- with their former rules, which will be in force till tiation was going on.
they are superseded by others. Mr. Smilie and Mr. Rhea said a few words, Mr. GARDNER said the lobby had become a kind but they were not sufficiently heard.
of exchange for the citizens of Washington to Mr. Nicholas called for a division, and it was meet and transact business, very much to the disaccordingly divided.
turbance of the House. Some regulation was Mr. Eppes, in allusion to Mr. LIVERMORE, said necessary. if that gentleman had arrived at a period of life
Mr. HOLLAND advocated the postponement. in which he ceased to feel a sympathy and regard
Mr. Taylor moved an amendment, which was for the fair sex, his condition was really to be com- carried-yeas 43, nays 38. miserated. Mr. E., for his own part, was happy
The SPEAKER said he would take the liberty of to say it was otherwise with himself, and" he observing, before members retired, that it was hoped he should never cease to feel a respect and twelve o'clock to-day, before a quorum appeared. tenderness for the sex.
Mr. LIVERMORE explained. He had only observed that the situation of certain gentlemen was
Tuesday, February 2. far different from his, and as they might be in the Mr. Newton, from the Committee of Commerce road to preferment, they would be more peculiarly and Manufactures, reported a bill authorizing the solicitous to accommodate the ladies. For him- issuing debentures in certain cases.-Read iwice self he had always experienced the truth of the and referred to a Committee of the Whole. poet's observation: Oinnia vincit amor, et nos
[This bill contemplates the placing a discreceda mus amori.
tionary power in the hands of the Comptroller of Mr. Masters thought if the ladies were admit- the Treasury, to issue debentures in those cases ted, the numbers should be limited, as their united in which the yellow fever prevailing in the port, force might be too powerful for the gentleman omission or negligence of custom-house officers, from Virginia.
or sickness in the parties, have caused an omisAfter some further conversation, it was resolved sion of the formalities necessary by law to be obthat Heads of Departments might be admitted served for obtaining drawbacks.] yeas 54, nays 40.
On motion of Mr. DURELL, On the question of admitting foreign Ministers, Resolved, That a committee be appointed to inMr. Eppes demanded the yeas and nays. The quire into the manner in which the RepresentaSpeaker decided the call out of order. Several tives' Hall is heated by furnaces beneath the floor gentlemen thought the practice had been other- ing of the same; what probable influence such wise, some doubted, and others supported the subjacent fires have upon the health of the memSpeaker's decision.
bers exposed to their exhalations; and how, or by Mr. Rowan suggested the propriety of suspend- ) what means, the injurious effects of the same may,
H. OF R.
Removal of the Seat of Government.
in future, be avoided; and that they report to this to fix a permanent seat of Government; and, for House the result of such inquiries.
my own part, I ever considered it unconstitutional Ordered, That Mr. DURELL, Mr. John MOR- and contrary to the principles of our Republican ROW, Mr. Lyon, Mr. Smelt, and Mr. KIRKPAT- form of Government, as much so as it would be RICK, be appointed a committee, pursuant to the for Congress to fix a permanent representation. said resolution.
It is my opinion that the power of one Congress A Message was received from the President of goes no further than the time for which they are the United States, by Mr. Coles his Secretary, elected ; and as we return to the mass of the peowhich he delivered in at the Clerk's table. ple, at the end of every two years, we have no
A message from the Senate informed the House power to pass a law compelling our successors to that the Senate have passed the bill, entitled "An sit in the same place thai we do. If permitted to act to revive and continue certain causes and pro- speak on this resolution, I shall state that that ceedings in the District Court of the District of Congress which passed the law or contract by Columbia ;" to which they desire the concurrence which it is asserted we are bound 10 sit here perof this House.
manently, in departing from their Constitutional REMOVAL OF THE SEAT OF GOVERNMENT. powers, broughi into existence a nondescript be
ing--a being which has not its likeness on the Mr. Sloan rose to offer to the House a resolu- earth, in the heavens above, nor in the waters tion, embracing a matter of considerable import- underneath the earth. Although but fifteen years ance. The purport of the resolution was brought of age, it is already evident, to every observing before the House some days ago* by those whose mind, ihat it is a being of the most voracious fears gave them an alarm, which was further ex- kind, and what is worse it is supported on the vitals cited by common report. At that time he knew of of liberty; and from its meager and wretched apno foundation, but common report, on which they pearance, it must be evident that even in this councould ground their apprehensions. It will be re- iry, blessed with the love of liberty and freedom, collected, said Mr. S., that I was charged with it must perish; and that it is our duty to cause riding about on hobby-horses, one of which was it to perish, is a belief in which I am as much the removal of the seat of Government; I then fixed as in any other moral duty. considered myself called upon to make reply, and I avowed my sentiments, of which I have never me seriously to call the attention of the House to
But, if I should even be wrong in this, permit been ashamed. And I now rise, impelled by the oue other objection I have. If I am wrong in my love of that country which gave me birth, and premises, and a permanent seat of Government be further impelled by ihe duty intrusted to me by a thought Constitutional, I still conceive that I have portion of the people of these United States, as anoiher ground for removal, so strong that it canone of the guardians of their rights and liberties. not be shaken-that this is the wrong place; and As I have been charged with a design of effect- this I believe from a variety of evident reasons, ing a removal, I now rise to lay a resolution on which I hope some day to be allowed to state to the table going 10 effect that purpose, considering this House, and for as many reasons, I believe, the situation of the seat of Government at this that Philadelphia is the right place. On this place as one of the greatest evils under which the point I beg leave to state a plain and uncontropeople of the United States do now suffer. , As it vertible fact, which none will attempt to contrais a subject of great national importance, I have dict-that in a great and flourishing Republic the no desire, in offering it at this time, to press a dis- seat of Government ought to be fixed where procussion of it; but, as it has become the topic of visions are the best in quality and quantity. That general conversation, we have considered it a duty this place is Philadelphia is too well known to io bring the matter from a state of suspense to a need proof. state of certainty-to let the people know that there are a number who are disposed to endeavor
But as I intend to say very little at this time, I to effect that removal. Our view is to lay a re
shall barely say that I have been compelled to solution on the table, that it may be committed to bring forward this by those who advocate it. Bea Committee of the whole House, to give time for lieve me, that the safety, peace, and happiness of consideration, and to allow thuse opposed to it to the United States, at this eventful period, demand convince us by reason, if they can, that it is im- us to stop the growing evil, and to remove to a proper; but in order to give a fair chance to those place of safety, where we can unite as a band of who shall oppose it, and afford a knowledge of the brothers-and, a consideration of no small imporgrounds on which we shall support the resolution, tance to us individually, where we can enjoy I shall briefly state them.
society-and, what is more, where there will be a In the first place, there is nothing in the Con-chance for the preservation of health and life. stitution
giving Congress power to fix a permanent Under these impressions, and from that sense of seat of Government at any place whatever. Here duty which always has, and always will govern then I draw a conclusion that it is radically wrong me, regardless of the frowns of the children of
men, I offer the following resolution : Alluding to some words exchanged on the subject Resolved, That it is expedient, and the public good between Messrs. Sloan and Lewis, in the discussion of requires, that the seat of Government be removed to the bill for prolonging the continuance of the Mint at the city of Philadelphia for years, and that a com. Philadelphia.
mittee be appointed to bring in a bill for that purpose.