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JANUARY, 1804.

Proceedings.

SENATE.

ted States in the year 1804," was read the third Ordered, That the Secretary wait on the Prestime as amended.

ident of the United States, and acquaint bim that Resolred, That this bill pass with amendments. the Senate have, in the absence of the Vice Presi

The Senate took into consideration the amend-dent, elected the honorable John Brown their ments reported by the committee to "the bill to President, pro tempore. And that the Secretary declare the law in the case of salıpetre imported make a like communication to the House of Repinto the United States, and thereby to revive the resentatives. act making further provision for the payment of Mr. Worthington presented the petition of the debts of the United States, as far as the same Christian Van Gundy, an early settler in the Terrespects saltpetre;" and having agreed thereto, ritory of the United States Northwest of the river

Ordered, That the bill pass to the third read-Ohio, praying the pre-emption of a lot of which ing, as amended.

he hath long been in possession, and hath erected The Senate resumed the consideration of the a mill, and made other improvements thereon ; amendments reported to the bill, entitled "An act and the petition was read. for the relief of the officers of Government, and Ordered. That it be referred to the committee other citizens, who have suffered in their property appointed on the first of November last, on the by the insurgents in the western counties of Penn- petition of John Crouse, and others, to consider and sylvania ;” and,

report thereon to the Senate. Resolved, that the further consideration of this Mr. Logan presented the memorial of the Amebill be postponed until the first Monday in Decem-rican convention for promoting the abolition of ber next.

slavery, and improving the condition of the AfriThe Senate resumed the second reading of the can race, signed Mathew Franklin, president, bill to protect the seamen of the United States; praying that such laws may be enacted as shall and, after debate,

prohibit the introduction of slaves into the TerriOrdered, That the consideration thereof be tory of Louisiana, lately ceded to the United postponed until Tuesday next.

States; and the petition was read. The Senate took into consideration the peti- The Senate resumed the second reading of the tion of Thomas Dillon, together with the resolu- bill erecting Louisiana into two Territories, and tion of the Legislature of the State of North Car- providing for the temporary government thereof; olina thereon; and

and, after progress, and the adjournment of the Ordered, That they be referred to the commit- High Court of Impeachments, the Senate adtee appointed on the 5th instant, on the bill de- journed. claring the assent of Congress to the act of the General Assembly of the State of North Carolina,

Tuesday, January 24. to consider and report thereon to the Senate. After adjournment of the High Court of Im-informed the Senate that the House have passed

A message from the House of Representatives peachments, the Senate adjourned.

a bill, entitled "An act for the better direction of Friday, January 20.

the collectors of the respective ports of the United

States in granting to seamen certificates of citiThe bill, entitled "An act for the relief of Paul zenship ;in which they desire the concurrence Coulon," was read the third time and passed.

of the Senate. The bill to "declare the law in the case of salt

The Senate resumed the second reading of the petre imported into the United States, and thereby bill erecting Louisiana into two Territories, and to revive the act making further provision for the providing for the temporary government thereof ; payment of the debts of the United States, as far and, on motion to strike out of the fourth section, as the same respects saltpetre,” was read the third from the word “ annually,” line fourth, to the time; and, on the question to agree to the bill as words “ United States,” line seventh, the words, amended, it passed in the negative.

" by the Governor, from among those holding real Mr. Nicholas, from the committee to whom estate therein, and who shall have resided one was referred, on the 6th instant, the bill, entitled year, at least, in the said Territory, and hold no "An act making appropriations for the support of office of profit under the Territory or the United the Navy of the United States, during the year States," for the purpose of inserting the words 1804,” reported it without amendment.

following: After the adjournment of the High Court of

“ The Governor shall lay off and divide the terriImpeachments, the Senate adjourned.

tory aforesaid into twenty-four convenient districts, from

each of which districts there shall be chosen, annually, Monday, January 23.

by the housekeepers resident therein, two of the most The Vice PRESIDENT being absent on account therein and landholders, and holding no office of profit

fit and discreet persons, who shall also be residents of the ill state of his health, the Senate proceeded under the territorial government, or that of the United to the election of a President pro tempore, as the States, and make a return of their names to the GovConstitution provides; and ihe ballots having ernor, out of which number the Governor shall select been collected and counted, a majority thereof twenty-four, to wit, one from each district. But if any was for the honorable Joan Brown, who was ac- of the districts should refuse or neglect to make such cordingly elected President of the Senate pro appointment for one month after the time appointed by tempore.

the Governor for making the said elections, he shall

SENATE.

Proceedings.

JANUARY, 1804.

a

then have the power of selecting from each district, so Ordered, That the further consideration of this refusing or neglecting, one fit person for the purposes bill be the order of the day for Monday next. aforesaid.”

The Senate resumed the second reading of the On this, a division of the question was called bill erecting Louisiana into two Territories, and for, and that it be taken on striking out.

providing for the temporary government thereof; Whereupon, the yeas and nays being required and, after debate, the Senaie adjourned. by one fifth of the Senators present, on striking out, it passed in the negative-yeas 15, nays 14, as follows:

THURSDAY, January 26. Yxas--Messrs. Adams, Anderson, Breckenridge, The bill, entitled "An act for the better direcCocke, Condit, Hillhouse, Logan, Maclay, Plumer, John tion of the collectors of the respective ports of the Smith, Stone, Tracy, Venable, and Worthington. United States, in granting to seamen certificates

Nays-Messrs. Armstrong, Baldwin, Bradley, Brown, of citizenship,” was read the second time, and Dayton, Ellery, Franklin, Jackson, Nicholas, Olcott, referred to Messrs. Jackson, ARMSTRONG, and Pickering, Potter, Israel Smith, and Samuel Smith.

Maclay, to consider and report thereon to the The following Message was received from the Senate. PRESIDENT OF THE UNITED STATES :

The bill, entitled "An act making appropriaGentlemen of the Senate, and

tions for the support of the Navy of the United of the House of Representatives :

States, during the year 1804," was read the third I communicate herewith, for your information, a let- time, and passed. ter just received from Governor Claiborne, which may

A message from the House of Representatives throw light on the subject of the government of Loui- informed the Senate that the House disagree to siana, under contemplation of the Legislature. The the amendments of the Senate to the bill, entitled paper being original, its return is asked.

"An act making appropriations for the Military

TH. JEFFERSON. Establishment of the United States in the year JANUARY 24, 1804.

1804." The Message and paper were read, and ordered bill erecting Louisiana into two Territories, and

The Senate resumed the second reading of the to lie for consideration.

providing for the temporary government thereof;

and a motion was made to amend the bill, by inWEDNESDAY, January 25.

serting the following as section eighth : Mr. Jackson presented the petition of Moses

“ That it shall not be lawful for any person or perYoung, praying compensation for services ren- sons to import or bring into the said Territory, from dered as Consul General of the United States at any port or place without the limits of the United States, Madrid; and also as Secretary of Legation to the or to cause or procure to be so imported or brought, or late Henry Laurens, Esq., on an embassy to Hol- knowingly to aid or assist in so importing or bringing land, as stated in his petition at a former session; any slave or slaves; and every person so offending, and and the petition was

and referred to the Sec? | being thereof convicted, before any court within the retary for the Department of State, to consider said Territory, having competent jurisdiction, shall forthe merits of the same, and report thereon to the feit and pay, for each and every slave so imported or Senate.

brought, the sum of - dollars, one moiety for the The bill, yesterday sent up for concurrence, use of the person who shall sue for the same; and every

use of the United States, and the other moiety for the entitled " An act for the better direction of the slave so imported or brought shall thereupon become collectors of the respective ports of the United entitled to, and receive his or her freedom." States, in granting to seamen certificates of citi. zenship," was read, and ordered to the second amendment by striking out, after the words “port

Whereupon, a motion was made to amend the reading. Mr. Baldwin, from the committee to whom United States," and insert in lieu thereof, “ for

or place,” the words without the limits of the was referred, on the 18th instant, the bill, entitled

sale." "An act to enable the President of the United States to make restitution to the owners of the A division of the question was called for, and Danish brigantine called the Henrick, reported it that it be taken on striking out; and, on the ques. without amendment.

tion, Shall the words be struck out? it passed in On motion, it was agreed that the consideration the negative-yeas 6, nays 22, as follows: of this bill be the order of the day for Monday YEAS—Messrs. Baldwin, Bradley, Ellery, Jackson, next.

Israel Smith, and Samuel Smith. The Senate resumed the second reading of the

Nars-Messrs. Adams, Anderson, Armstrong, Breckbill

, entitled "An act making appropriations for enridge, Brown, Cocke, Condit, Franklin, Hillhouse, the support of the Navy of the United States dur- Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, ing the year 1804,” and

Potter, John Smith, Stone, Venable, Wells, White, and Ordered, That it pass to the third reading,

Worthington. Mr. Samuel Smith, from the committee to On motion to agree to the original amendment, whom was referred, on the 18th instant, the bill it passed in the affirmative--yeas 21, nays 6, as in relation to the Navy pension fund, reported it follows: without amendment.

YEAs—Messrs. Anderson, Armstrong, Breckenridge, JANUARY, 1804.

Proceedings.

SENATE.

Brown, Cocke, Condit, Franklin, Hillhouse, Logan, unless they are bound by their own voluntary act, after Maclay, Nicholas, Olcott, Pickering, Plumer

, Potter, they arrive to such age, or bound by law for the payJohn Smith, Stone, Venable, Wells, White, and Wor- ment of debts, damages, fines, or costs : Provided, That thington.

no person held to service or labor in either of the States Nays—Messrs. Adams, Baldwin, Bradley, Ellery, or Territories aforesaid, under the laws thereof, escapJackson, and Israel Smith.

ing into said Territory of Louisiana, shall, by anything contained herein, be discharged from such service or

labor, but shall be delivered up in the manner prescribed FRIDAY, January 27.

by law.” Mr. Nicholas, from the committee to whom

It passed in the negative-yeas 11, nays 17, as was referred, on the 18th instant, "An act further

follows: to amend the act, entitled 'An act to lay and col- Yeas—Messrs. Bradley, Brown, Ellery, Hillhouse, lect a direct tax within the United States," re- Logan, Olcott, Plumer, Potter, Israel Smith, Wells, and ported it without amendment.

Worthington. Mr. FRANKLIN, from the committee to whom Nars-Messrs. Adams, Anderson, Armstrong, Baldwas referred, on the 5th instant, the bill declaring win, Bre

Cocke, Condit, Dayton, Franklin, the assent of Congress to an act of the General Jackson, Maclay, Nicholas, Pickering, John Smith, Assembly of the Siate of North Carolina, reported Samuel Smith, Venable, and White. the bill without amendment.

A motion was made to amend the bill, by addThe Senate took into consideration their amending to the end of section eight, last adopted, the ments disagreed to by the House of Representa-following: tives to the bill, entitled "An act making appro- “ That it shall not be lawful for any person or perpriations for the Military Establishment of the sons to import or bring into the said Territory, from any United States in the year 1804; and,

port or place within the limits of the United States, or Ordered, That the consideration thereof be cause to, or procure to be so imported or brought, or postponed

knowingly to aid or assist in so importing or bringing
any slave or slaves, which shall have been imported
since the
- day of

into any port or place withMonday, January 30.

in the limits of the United States, from any port or place

without the limits of the United States; and every The Senate resumed the consideration of their person so offending and being thereof convicted, beamendments disagreed to by the House of Repre-fore any court within the said Territory having com. sentatives to the bill, entitled "An act making petent jurisdiction, shall forfeit and pay, for each and appropriations for the Military Establishment of every such slave so imported or brought, the sum of the United States during the year 1804 ;" and,

dollars; one moiety for the use of the person or Resolved, That they ask a conference thereon, persons who shall sue for the same. And no slave or and that Messrs. Jackson and BRADLEY be man- slaves shall directly or indirectly be introduced into agers at the same, on the part of the Senate. said Territory, except by a person or persons removing

Agreeably to the order of the day, the Senate into said territory for actual settlement, and being at resumed the consideration of the bill in relation the time of such removal bona fide owner of such slave to the Navy pension fund; and having amended or slaves; and every slave imported or brought into the bill,

the said Territory, contrary to the provisions of this act, Ordered, That it pass to the third reading as

shall thereupon be entitled to and receive his or her amended.

freedom.” A message from the House of Representatives

And a division was called for, and that the quesinformed the Senate that the House agree to some, tion be taken on the first proposition, ending with and disagree to other, amendments of the Senate, the words, “ sue for the same:" and, on the questo the bill, entitled "An act giving effect to the tion to agree to this first division of the amendment laws of the United States within the territories it passed in the affirmative-yeas 21, pays 7, as ceded to the United States by the treaty of the follows: 30th of April, 1803, between ihe United States Yeas—Messrs. Anderson, Armstrong, Bradley, Breckand the French Republic, and for other purposes.” enridge, Brown, Cocke, Franklin, Hillhouse, Logan,

The Senate resumed the second reading of the Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, bill erecting Louisiana into two Territories, and 1. Smith, John Smith, Venable, Wells, White, and providing for the temporary goveroment thereof;

Worthington. and a motion was made to amend the bill, by add

Nays-Messrs. Adams, Baldwin, Condit, Dayton,

, . ing the following to the new section, adopted as Ellery, Jackson, and Samuel Smith. section eighth :

A motion was made to strike out all that folAnd be it further enacted, That no male person lows the word "and" in the second division of the brought into said Territory of Louisiana, from any parts

amendment, for the purpose of a further amendof the United States or Territories thereof, or from any ment; and, after debate, the consideration of the province or colony of America belonging to any foreign subject was postponed. Prince or State, after the day of - -next, ought or A message from the House of Representatives can be holden by law to serve for more than the term of one informed the Senate that the House agree to the year, any person as a servant, slave, or apprentice, after conference desired by the Senate on the amendhe attains the age of twenty-one years; nor female in ments of the Senate to the bill, entitled “ An act like manner, after she attains the age of eighteen years, making appropriations for the Military Establish

SENATE.

Proceedings.

FEBRUARY, 1804.

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ment of the United States during the year 1804.” question, shall the words be stricken out? It passed and have appointed managers on their part. in the negative-yeas 13, nays 15, as follows:

After the adjournment of the High Court of Yeas-Messrs. Anderson, Armstrong, Baldwin, Impeachments to 12 o'clock to-morrow, the Sen-Breckenridge, Cocke, Condit, Jackson, Nicholas, John ate adjourned.

Smith, Samuel Smith, Stone, Venable, and Wells.

Nays—Messrs. Adams, Bradley, Brown, Ellery,

Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Tuesday, January 31.

Plumer, Potter, Israel Smith, Worthington, and Wright. The Senate took into consideration their amendments, disagreed to by the House of Representa

WEDNESDAY, February 1. tievs to the bill, entitled“ An act giving effect to the laws of the United States within the territories

The bill yesterday brought up from the House ceded to the United States by the treaty of the of Representatives for concurrence was read, and

ordered to the second reading. 30th of April, 1803, between the United States and the French Republic, and for other purposes.” bill erecting Louisiana into two Territories

, and

The Senate resumed the second reading of the Whereupon, Resolved, that they do insist on their amend, and on motion, to agree to the last division of the

providing for the temporary government thereof; ments disagreed to, ask a conference thereon, and that Messrs. BRECKENRIDGE, Dayton, and Ander- amendment proposed on the 30th ultimo, amend

ed as follows: son, be the managers at the same on the part of the Senate.

“And no slave or slaves shall, directly or indirectly, The bill in relation to the Navy pension fund be introduced into the said Territory except by a citizen was read the third time, and passed.

of the United States, removing into said Territory fo: A message from the House of Representatives actual settlement, and being, at the time of such reinformed the Senate that the House have passed moval, bona fide owner of such slave or slaves; and a bill, entitled “An act supplementary to an act, contrary to the provisions of this act, shall thereupon

every slave imported or brought into the said Territory, entitled . An act to incorporate the inhabitants of be entitled to, and receive, his or her freedom :" the City of Washington, in the District of Colum

It passed in the affirmative-yeas 18, nays 11, bia;” in which they desire the concurrence of the

as follows: Senate. The Senate resumed the second reading of the Brown, Cocke, Condit, Franklin, Hillhouse, Logan,

YEAS—Messrs. Armstrong, Bradley, Breckenridge, bill erecting Louisiana into two Territories, and Maclay, Olcott, Plumer, Potter, S. Smith, Wells, White, providing for the temporary government thereof;

Worthington, and Wright. and a motion was made to strike out the last divi- Nays-Messrs. Adams, Anderson, Baldwin, Daysion of the amendment proposed yesterday, to wit: ton, Ellery, Jackson, Nicholas, Pickering, J. Smith,

“And no slave or slaves shall, directly or indirectly, Stone, and Venable. be introduced into said Territory except by a person or After the adjournment of the High Court of persons removing into said Territory for actual settle- Impeachments, the Senate adjourned. ment, and being, at the time of snch removal, bona fide owner of such slave or slaves; and every slave imported or brought into the said Territory, contrary to the pro

TAURSDAY, February 2. visions of this act, shall, thereupon, be entitled to, and Mr. Jackson, from the committee to whom receive, his or her freedom ;” and to insert the follow- was referred, on the 26th of January last, the bill, ing:

entitled "An act for the better direction of the “No slave shall be admitted into the said Territory collectors of the respective ports of the United from the United States or their territories, who shall States, in granting seamen certificates of citizennot be the property of some person bona fide removing ship,” reported it without amendment. from the United States into the said Territory, and ma- The bill, entitled "An act supplementary to an king an actual settlement therein, or who shall not act, entitled 'An act to incorporate the inhabitants have passed by descent or devise to the person or per; of ihe City of Washington, in the District of Cosons claiming the same, and residing within the said lumbia," was read the second time and referred to Territory, from some person or persons deceased in some one of the United States or their territories; and every sider and report thereon to the Senate.

Messrs. ANDERSON, Srone, and Wright, to conslave who shall be brought into said Territory, otherwise than is hereby permitted, shall be forfeited, and

A message from the House of Representatives may be recovered by any person who shall sue for the informed the Senate that the House agree to the same; and the person or persons offending herein shall conference proposed by the Senate on their amendmoreover forfeit and pay dollars for every slave so ments to the bill, entitled "An act giving effect to brought in, to be recovered by action of debt in any the laws of the United States within ihe terricourt having jurisdiction thereof; one moiety to the use tories ceded to the United States by the treaty of of the United States, and the other moiety to the use the 30th of April, 1803, between the United States of the person who shall sue for the same. And in any and the French Republic, and for other purposes," action instituted for the recovery of the penalty afore- and have appointed managers on their part. said, the person or persons sued may be held to special They have passed a bill entited "An act continubail :"

ing for a limited time the salaries of the officers And a division of the question was ealled for, of Government therein mentioned;" in which they and that it be taken on striking out; and, on the desire the concurrence of the Senate.

FEBRUARY, 1804.

Proceedings.

Senate,

The Senate resumed the second reading o{ the Ordered, That the petition of Elijah Brainard, bill erecting Louisiana into two Territories, and presented on the 29th of November last, be remaking provision for the temporary government ferred to the same committee, to consider and thereof; and on motion, to strike out the eighth report thereon to the Senate. section of the original bill, amended as follows: A message from.the House of Representatives

“Sec. 8. The residue of the province of Louisiana, informed the Senate that the House agree to the ceded to the United States, shall remain under the amendment of the Senate to the bill, entitled “An same name and form of government as heretofore, save act for the relief of the captors of the Moorish only that the executive and judicial powers exercised armed ships Meshouda and Mirboha," with an by the former Government of the province shall now amendment, in which they desire the concurrence be transferred to a Governor, to be appointed by the of the Senate. President of the United States : and that the powers The Senate took into consideration the amendexercised by the Commandant of a post or district shall ment to their amendment to the bill last menbe hereafter vested in a civil officer, to be appointed by tioned, and it was referred to Messrs, BRECķ the President in the recess of the Senate, but to be enriDGE, STONE, and S. Smith, to consider and nominated at the next meeting thereof for their advice and consent; under the orders of which Commandant

report thereon to the Senate. the officers, troops, and militia, of his station, shall be ; bill erecting Louisiana into two Territories, and

The Senate resumed the second

reading of the who, in cases where the military have been used, under the laws heretofore existing, shall act by written orders making provision for the temporary government and not in person ; and the salary of the said officers, thereof; and, after progress, the Senate adjourned. respectively, shall not exceed the rate of dollars per annum. The President of the United States, how

Monday, February 6. ever, may unite the districts of two or more Commandants of posts into one, where their proximity or ease of

Thomas SUMTER, from the State of South intercourse will permit without injury to the inhabitants Carolina, attended on the 4th instant, and took thereof. The Governor shall receive an annual salary his seat this day in Senate. of dollars, payable quarter-yearly at the Treasury Mr. Tracy presented the petition of Oliver of the United States :"

Pollock, praying the final liquidation and settleIt passed in the affirmative-yeas 16, nays 9, as

ment of claims grounded on his services, sufferfollows:

ings, and advances, as a public agent of the Uni

ted States, during the Revolutionary war with Yeas—Messrs. Adams, Anderson, Armstrong, Breck- Great Britain ; and the petition was read and enridge, Cocke, Condit, Franklin, Hillhouse, Maclay, referred to Messrs. Tracy, Franklin, and BALDOlcott, Pickering, Plumer, J. Smith, Stone, Venable, and Worthington.

WIN, to consider and report thereon to the Senate. Nars—Messrs. Baldwin, Brown, Dayton Ellery, December last, Mr. Worthington brought in a

Agreeably to leave obtained on the 14th of Jackson, Nicholas, Potter, S. Smith, and Wright.

bill to ascertain the boundary of the lands reserved After the adjournment of the High Court of by the State of Virginia, for the satisfaction of Impeachments, the Senate adjourned.

her officers and soldiers on Continental establishment, and to limit the period for locating the said

lands; and the bill was read. FRIDAY, February 3.

Ordered, That it pass to the second reading. The bill yesterday brought up from the House The President communicated the report of the of Representatives for concurrence, entitled "An Commisioners of the Sinking Fund, stating that act continuing for a limited time the salaries of the measures which have been authorized by the

a the officers of Government therein mentioned,” board, subsequent, to their report of the 5th of was read, and, by unanimous consent, the rule was February, 1803, so far as the same have been dispensed with and the bill was read the second completed, are fully detailed in the report of the time.

Secretary of the Treasury to the board, dated the Ordered, That it be referred to Messrs. Brad 30 day of the present month, and in the statements LEY, BAldwin, and Jackson, to consider and re- therein referred to, and now transmitted; and port thereon to the Senate.

praying that they be received as part of this reMr. Wright presented the memorial of John port; and the documents were read, and ordered Hoskins Stone, late a Colonel of the first Mary- to lie for consideration. land regiment, in the service of the United States Ordered, That the consideration of the bill in the Revolutionary war, in which he was erecting Louisiana into two Territories, and mawounded and rendered incapable of bodily exer- king provision for the temporary government tions; and praying to be allowed the compensa- thereof, be postponed until to-morrow. tion of five years whole pay, in lieu of ten years The Senate resumed the second reading of the half pay, together with the bounties in land to bill, declaring the assent of Congress to "An act which his rank in the army entitle him, and such of the General Assembly of the State of North other emoluments as have been granted to officers Carolina ;" and a motion was made to amend the in similar circumstances; and the memorial was bill; and, after debate, the further consideration read, and referred to Messrs. WRIGHT, ARM- thereof was postponed until to-morrow. STRONG, and Adams, to consider and report there- Mr. Jackson reported, from the managers at on to the Senate.

the conference, on the bill, entitled “An act ma

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