the United States and the French Republic, and for other purposes;" and having in part adopted the amendments, On motion to strike out of the first section of the bill, after the words "United States," in the second instance, the following words: "Heretofore enacted not locally inapplicable, and now in force, and all the laws of the United States which may hereafter be enacted, shall have the like force and effect in the territories ceded to the United States by the treaty of the thirtieth day of April last, between the United States and the French Republic, which they have, or may have, in the United States, unless otherwise specially provided for." It passed in the affirmative-yeas 18, nays 8, as follows: YEAS-Messrs. Adams, Anderson, Bailey, Baldwin, Bradley, Brown, Condit, Dayton, Ellery, Hillhouse, Jackson, Olcott, Pickering, Plumer, Potter, John Smith, Venable, and Wells. NAYS-Messrs. Armstrong, Breckenridge, Cocke, Franklin, Maclay, Israel Smith, Samuel Smith, and Worthington. On motion that the bill be recommitted, it passed in the negative—yeas 11, nays 16, as follows: JANUARY, 1804. The Senate took into consideration the amendments reported by the committee to the bill, entitled "An act for the relief of the officers of Government and other citizens, who have suffered in their property by the insurgents in the weste counties of Pennsylvania:" and, on motion, it was agreed that the bill and amendments be recommitted to the original committee, further to consider and report thereon to the Senate. MONDAY, January 9. Mr. TRACY, from the committee to whom was referred, on the 3d instant, the bill, entitled "An act for the relief of John Coles," reported the bill without amendment. Mr. BRADLEY, from the committee to whom was referred, on the 23d of December last, the bill, entitled "An act to incorporate the Directors of the Columbian Library Company," reported the bill with an amendment; which was read and ordered to lie for consideration. Mr. S. SMITH, from the committee to whom was recommitted, on the 22d of December last, the bill in addition to the act, entitled "An act for the punishment of certain crimes against the YEAS-Messrs. Adams, Anderson, Dayton, Hill- United States," reported the bill with amendhouse, Jackson, Olcott, Pickering, Plumer, Tracy, Ven-ments; which were read and ordered to lie for able, and Wells. NAYS-Messrs. Armstrong, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Maclay, Potter, Israel Smith, John Smith, Samuel Smith, and Worthington. A motion was made to insert, in the first section, after the word "States," in the seeond instance, in lieu of the words stricken out, the following: "Which relate to the imposing and the collection of duties on the importation of goods, wares, and merchandise, and on the tonnage of ships and vessels, shall have the same force and effect in the territories ceded to the United States, by the treaty of the thirtieth of April last, between the United States and the French Republic, which the said laws now have within the United States." And on motion, the Senate adjourned. The Senate resumed the consideration of the amendments to the bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes;" and, Ordered, That the bill, together with the amendments, be recommitted, and that Messrs. BRECKENRIDGE, DAYTON, SAMUEL SMITH, ANDERSON, and JACKSON, be the committee, further to consider and report thereon to the Senate. consideration. After proceedings as the High Court of Impeachments, the Senate adjourned. TUESDAY, January 10. The Senate took into consideration the amendments reported to the bill in addition to the act, entitled "An act for the punishment of certain crimes against the United States;" and having agreed to further amendments, they were adopted; and the bill was ordered to the third reading as amended. Ordered, That the bill erecting Louisiana into two Territories, and providing for the temporary government thereof, be the order of the day for Thursday next. The Senate took into consideration the amendment reported to the bill, entitled "An act to incorporate the Directors of the Columbian Library Company;" and the amendment was adopted. Ordered, That the bill pass to the third reading as amended. The Senate resumed the second reading of the bill, entitled "An act for the relief of John Coles." Ordered, That it pass to the third reading. A motion was made by Mr. ADAMS, that the following resolutions be adopted, to wit: Resolved, That the people of the United States have never, in any manner, delegated to this Senate the power of giving its Legislative concurrence to any act for imposing taxes upon the inhabitants of Louisiana without their consent. tion for imposing taxes upon the inhabitants of LouisiResolved, That, by concurring in any act of Legislaana without their consent, this Senate would assume a power unwarranted by the Constitution, and dangerous to the liberties of the people of the United States. Resolved, That the power of originating bills for raising revenue, being exclusively vested in the House of Representatives, these resolutions be carried to them by the Secretary of the Senate: that, whenever they think proper, they may adopt such measures as to their wisdom may appear necessary and expedient for raising and collecting a revenue from Louisiana. And it was agreed that the question should be taken on the resolutions separately; and, on the question to adopt the first resolution, it passed in the negative-yeas 4, nays 22; as follows: YEAS-Messrs. Adams, Olcott, Tracy, and White. NAYS-Messrs. Anderson, Bailey, Baldwin, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Plumer, Potter, I. Smith, John Smith, S. Smith, Stone, Venable, and Worthington. On the question to adopt the second resolution, it passed in the negative-yeas 4, nays 22, as follows: YEAS-Messrs. Adams, Olcott, Tracy, and White, NAYS-Messrs. Anderson, Bailey, Baldwin, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Plumer, Potter, I. Smith, J. Smith, S. Smith, Stone, Venable, and Worthington. And on the question to adopt the third and last resolution, it was determined unanimously in the negative-nays 26, as follows: Messrs. Adams, Anderson, Bailey, Baldwin, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Olcott, Plumer, Potter, I. Smith, J. Smith, S. Smith, Stone, Tracy, Venable, White, and Worthington. Mr. BRECKENRIDGE, from the committee to whom were recommitted, on the 6th instant, the bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes," together with the amendments thereto, reported further amendments; which were read and ordered to lie for consideration. After proceedings as the High Court of Impeachments, the Senate adjourned. WEDNESDAY, January 11. The bill in addition to the act entitled "An act for the punishment of certain crimes against the United States," was read the third time. On motion to strike out of the bill the following words: "and shall suffer death:" It passed in the negative-yeas 7, nays 22, as follows: YEAS-Messrs. Bradley, Ellery, Logan, Maclay, Potter, I. Smith, and Worthington. NAYS-Messrs, Adams, Armstrong, Bailey, Baldwin, Brown, Cocke, Condit, Dayton, Franklin, Hillhouse, Jackson, Nicholas, Olcott, Pickering, Plumer, J. Smith, S. Smith, Stone, Tracy, and White. Resolved, That this bill do pass, that it be engrossed, and that the title thereof be "An act in addition to an act, entitled 'An act for the punishment of certain crimes against the United States." After proceedings as the High Court of Impeachments, the Senate adjourned. THURSDAY, January 12. SENATE. Mr. TRACY, from the committee to whom was referred, on the 23d of December last, the bill, entitled "An act for the relief of Paul Coulon," reported it without amendment. The bill, entitled "An act for the relief of John Coles," was read the third time and passed. The bill, entitled "An act to incorporate the Directors of the Columbian Library Company," was read the third time. Resolved, That this bill pass with an amend ment. After proceedings as the High Court of Impeachments, the Senate adjourned. FRIDAY, January 13. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: The Director of the Mint having made to me his report of the transactions of the Mint for the year 1803, I now lay the same before you for your information. JANUARY 13, 1804. TH. JEFFERSON. The Message and report therein referred to were read, and ordered to lie for consideration. Mr. TRACY, from the committee to whom was referred, on the 12th of December last, a motion respecting the rule of the Senate in the case of reconsideration of bills, resolutions, or amendments, made report; which report was read, and ordered to lie for consideration. Mr. WORTHINGTON, from the committee to whom was recommitted, on the 6th instant, the bill, entitled "An act for the relief of the officers of Government and other citizens who suffered in their property by the insurgents in the western counties of Pennsylvania," together with the amendments thereon, reported the bill with further amendment; which was read, and ordered to lie for consideration. The Senate resumed the second reading of the bill, entitled "An act for the relief of Paul Coulon;" and Ordered, That it pass to a third reading. ments reported by the committee to whom was recommitted the bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes." On the question to adopt the first section of the bill, amended as follows: Be it enacted by the Senate and House of Repre sentatives of the United States of America, in Congress assembled, That the same duties which by law now are, or hereafter may be, laid on goods, wares, and merchandise, imported into the United States, on the tonnage of vessels, and on the passports and clearances of vessels, shall be laid and collected on goods, wares, and merchandise, imported into the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic; and on vessels arriving in or departing from the said territories; and the following acts, that is to say, the act, entitled An act to establish the Treasury Department; An act concerning the registering and recording of ships and vessels; An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries; An act to regulate the collection of duties on imports and tonnage; An act to establish the compensations of the officers employed in the collection of the duties on imports and tonnage, and for other purposes; An act for the more effectual recovery of debts due from individuals to the United States; An act to provide more effectually for the settlement of accounts between the Uuited States and receivers of public money; An act to authorize the sale and conveyance of lands in certain cases, by the marshals of the United States, and to confirm former sales; and An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain JANUARY, 1804. SATURDAY, January 14. Mr. SAMUEL SMITH. from the committee appointed on the 12th of December last, on the subject, having obtained leave, reported a bill further to protect the seamen of the United States; and the bill was read, and ordered to the second reading. Mr. SAMUEL SMITH presented the petition of certain aliens, inhabitants of the city of Baltimore, praying the repeal or amendment of the first section of the act, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore 'passed on that subject;" and the petition was read. The bill, entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboba," was read the second time, and referred to Messrs. S. SMITH, DAYTON, and JACKSON, to consider and report thereon to the Senate. The bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes," was read the third time. cases therein mentioned; or so much of the said acts as is now in force, and also so much of any other act On motion, it was agreed further to amend the or acts of the United States as is now in force, or may bill by striking out the words "or Natchez," in be hereafter enacted, for laying any duties on imports, the fourth line of fourth section; and the blank tonnage, seamen, or shipping, for regulating and secur- in the twelfth section was filled with the word ing the collection of the same; and for regulating the "thirty." It was also agreed to amend the title compensations of the officers employed in the collec- by striking out the words, "giving effect to the tion of the same; for granting and regulating draw-laws of the United States," and inserting in lieu backs, bounties, and allowances, in lieu of drawbacks; thereof the words, "for laying and collecting duconcerning the registering, recording, enrolling, and ties on imports and tonnage.' licensing, of ships and vessels; to provide for the settlement of accounts between the United States and individuals; for the recovery of debts due to the United States; and for remitting forfeitures, penalties, and disabilities; shall extend to and have full force and effect in the above-mentioned territories. It passed in the affirmative-yeas 21, nays 8, as follows: YEAS-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, Stone, Venable, and Worthington. NAYS-Messrs. Adams, Olcott, and Plumer. And the bill having been further amended, conformably to the report of the committee, Ordered, That it pass to the third reading as amended. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha;" in which they desire the concurrence of the Senate. The bill brought up for concurrence was read, and ordered to the second reading. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and after progress therein, and proceedings as the High Court of Impeachments, the Senate adjourned. On the question to agree to the final passage of the bill as amended, it was determined in the affirmative-yeas 21, nays 3, as follows: YEAS-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Olcott, Pickering, Israel Smith, John Smith, Samuel Smith, Stone, Venable, and Worthington. NAYS-Messrs. Adams, Plumer, and Wells. So it was Resolved, That this bill pass with amendments. MONDAY, January 16. The VICE PRESIDENT communicated a letter of this date from the Hon. THEODORUS BAILEY, resigning his seat in the Senate; which was read, and Ordered, That the VICE PRESIDENT be requested to notify the Executive of the State of New York accordingly. Mr. SAMUEL SMITH, from the committee to whom was referred, on the 14th instant, the bill entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha,” reported it with an amendment; which was read and adopted. Ordered, That the bill pass to the third reading as amended. Mr. JACKSON presented the petition of Charles Goodwin and others, inhabitants of the district of Barnwell and Edgefield, in the State of South JANUARY, 1804. Proceedings. SENATE. Carolina, praying the establishment of a post ry, Logan, Nicholas, Potter, Israel Smith, John Smith, office at the court-house within the said district, Samuel Smith, Venable, and Worthington. and another between the court-house and Camp- NAYS-Messrs. Adams, Armstrong, Baldwin, Bradbleton, for reasons therein mentioned; and the ley, Brown, Condit, Dayton, Franklin, Hillhouse, Jackpetition was read, and ordered to lie for consider-son, Maclay, Olcott, Pickering, Piumer, Stone, Tracy, Wells, and White. ation. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: In execution of the act of the present session of Congress, for taking possession of Louisiana, as ceded to us by France, and for the temporary government thereof, Governor Claiborne, of the Mississippi Territory, and General Wilkinson, were appointed Commissioners to receive possession. They proceeded with such regular troops as had been assembled at Fort Adams, from the nearest posts, and with some militia of the Mississippi Territory, to New Orleans. To be prepared for anything unexpected which might arise out of the transaction, a respectable body of militia was ordered to be in readiness in the States of Ohio, Kentucky, and Tennessee, and a part of those of Tennessee was moved on to the Natchez. No occasion, however, arose for their services. Our Commissioners, on their arrival at New Orleans, found the province already delivered by the Commissioners of Spain to that of France, who delivered it over to them on the 20th day of December, as appears by their declaratory act accompanying this. Governor Claiborne being duly invested with the powers heretofore exercised by the Governor and Intendant of Louisiana, assumed the government on the same day, and, for the maintenance of law and order, immediately issued the proclamation and address now communicated. On this important acquisition, so favorable to the immediate interests of our western citizens, so auspicious to the peace and security of the nation in general, which adds to our country territories so extensive and fertile, and to our citizens new brethren to partake of the blessings of freedom and self-government, I offer to Congress and our country my sincere congratulations. TH. JEFFERSON. JANUARY 16, 1804. The Message and papers therein referred to were read. Ordered, That they lie for consideration, and that three hundred copies thereof be printed for the use of the Senate. Mr. SAMUEL SMITH notified the Senate that he would to-morrow ask leave to bring in a bill in relation to the Navy pension fund. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof. On motion to amend the fourth section of the bill, by inserting the following words at the end thereof: "The Legislative Council, a majority of the whole number concurring therein, shall have power to elect, by ballot, a delegate to Congress, who shall have a seat in the House of Representatives, and shall have the right of debating, but not of voting." It passed in the negative-yeas 12, nays 18, as follows: YEAS-Messrs. Anderson, Breckenridge, Cocke, Elle On motion to strike out the fourth section of the bill, as follows: "SEC. 4. The Legislative powers shall be vested in the Governor, and in twenty-four of the most fit and discreet persons of the Territory, to be called the Legis lative Council, who shall be selected annually by the Governor from among those holding real estate therein, and whe shall have resided one year at least in the said Territory, and hold no office of profit under the Territory, or the United States. The Governor, by and with advice and consent of the said Legislative Council, or of a majority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their Legislative powers shall also extend to all the rightful subjects of legisla tion; but no law shall be valid which is inconsistent with the Constitution of the United States, with the laws of Congress, or which shall lay any person under restraint, burden, or disability, on account of his religious opinions, declarations, or worship; in all which he shall be free to maintain his own, and not be burdened for those of another. The Governor shall publish throughout the said Territory all the laws which shall be made, and shall, from time to time, report the same to the President of the United States, to be laid before Congress; which, if disapproved of by Congress, shall thenceforth be of no force. The Governor or Legislative Council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the said Territory. The Governor shall convene, prorogue, and dissolve the Legislative Council whenever he may deem it expedient. It shall be his duty to obtain all the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said Territory, and communicate the same, from time to time, to the President of the United States:" It passed in the negative-yeas 12, nays 18, as follows: YEAS-Messrs. Adams, Anderson, Cocke, Hillhouse, Olcott, Plumer, Stone, Tracy, Venable, Wells, White, and Worthington. NAYS-Messrs. Armstrong, Baldwin, Bradley, Breckenridge, Brown, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Pickering, Potter, Israel Smith, John Smith, and Samuel Smith. After the adjournment of the High Court of Impeachments, the Senate adjourned. TUESDAY, January 17. whom was referred, on the 16th of December last, Mr. SAMUEL SMITH, from the committee to the bill to declare the law in the case of saltpetre imported into the United States, and thereby to revive the act making further provision for the payment of the debts of the United States, as far as the same respects saltpetre, reported the bill with amendments; which were read, and ordered to lie for consideration. Agreeably to notice given yesterday, Mr. S. SMITH asked and obtained leave to bring in a bill SENATE. Proceedings. in relation to the Navy pension fund; and the bill was read, and ordered to the second reading. JANUARY, 1804. WEDNESDAY, January 18. The bill in relation to the Navy pension fund was read the second time, and referred to Messrs. SAMUEL SMITH, ELLERY, and BALDWIN, to consider and report thereon to the Senate. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act further to amend the act, entitled 'An act to lay and collect a direct tax within the United States;" and a bill, entitled "Andent of the United States to make restitution to act to enable the President of the United States to make restitution to the owners of the Danish brigantine called the Henrick;" in which bills they desire the concurrence of the Senate. The two bills brought up for concurrence were read, and ordered to the second reading. Mr. BRADLEY, from. the committee to whom was referred, on the 5th instant, the bill, entitled "An act making appropriations for the Military Establishment of the United States in the year 1804," reported the bill with amendments; which were read, and ordered to lie for consideration. Mr. FRANKLIN presented the petition of Thomas Dillon, addressed to the Legislature of the State of North Carolina, together with a resolution of the Legislature of the said State, representing that he, the said Dillon, is the holder of a grant from the State of North Carolina for lands within the State of Tennessee, guarantied by the United States, but that he is prevented by the laws of the United States from obtaining possession of those lands, as being within the present acknowledged Indian territories, and praying the State of North Carolina to interpose for his relief; and the memorial, together with the resolution thereon, were read. Ordered, That they be printed for the use of the Senate. The bill further to protect the seamen of the United States was read the second time. The bill, entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha," was read the third time. Resolved, That this bill pass with an ment. The bill, entitled "An act to enable the Presithe owners of the Danish brigantine called the Henrick," was read the second time, and referred to Messrs. BALDWIN, SAMUEL SMITH, and ADAMS, to consider and report thereon to the Senate. The bill, entitled "An act further to amend the act, entitled 'An act to lay and collect a direct tax within the United States," was read the second time, and referred to Messrs. ARMSTRONG, BROWN, and NICHOLAS, to consider and report thereon to the Senate. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and sundry amendments thereto were moved for and read. Whereupon, it was agreed that the several amendments be printed, and that the consideration of the bill be further postponed. On motion, "That a committee be appointed to inquire whether any, and what amendments are necessary to the acts for recording of ships and vessels of the United States:" Ordered, That this motion lie for consideration. The Senate took into consideration the amend ments reported by the committee to whom was recommitted the bill, entitled "An act for the relief of the officers of Government, and other citizens, who have suffered in their property by the insurgents in the western counties of Pennsylva nia ;" and Ordered, That the consideration thereof be further postponed until to-morrow. The Senate took into consideration the amendments reported to the bill, entitled "An act making amend-appropriations for the Military Establishment of the United States in the year 1804;" and having The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and on the question to amend the following clause of the fifth section: "In all criminal prosecutions which are capital, the trial shall be by a jury of twelve good and lawful men of the vicinage," by striking out the words "which are capital." agreed thereto, Ordered, That this bill pass to the third reading as amended. The Senate resumed the second reading of the bill further to protect the seamen of the United States; and, after debate, Ordered, That the consideration thereof be postponed. After the adjournment of the High Court of ImIt passed in the negative-yeas 11, nays 16, as peachments, the Senate adjourned. follows: YEAS-Messrs. Adams, Anderson, Cocke, Logan, Maclay, Plumer, Stone, Tracy, Wells, White, and Worthington. NAYS-Messrs. Baldwin, Bradley, Breckenridge, Condit, Dayton, Ellery, Franklin, Jackson, Nicholas, Olcott, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, and Venable. And after progress, on motion, Ordered, That the consideration of this bill be further postponed. After the adjournment of the High Court of Impeachments, the Senate adjourned. |