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John B. Earle, Peter Early, William Findley, Roger Griswold, Samuel Hammond, Josiah Hasbrouck, Seth Hastings, David Hough, Walter Jones, William Kennedy, Nehemiah Knight, Henry W. Livingston, William McCreery, Nahum Mitchell, Samuel L. Mitchill, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, James Mott, Gideon Olin, Beriah Palmer, Thomas Plater, John Rea of Pennsylvania, John Rhea of Tennessee, Thomas Sammons, Thomas Sandford, Tompson J. Skinner, John Cotton Smith, John Smith of N. York, Joseph Stanton, William Stedman, James Stephenson, Samuel Taggart, Philip R. Thompson, Philip Van Cortlandt, Isaac Van Horne, Matthew Walton, and Tho
NAYS-Willis Alston, jr., William Butler, Levi Casey, Thomas Claiborne, Manasseh Cutler, James Elliot, Ebenezer Elmer, James Gillespie, Gaylord Griswold, Matthew Lyon, Andrew McCord, John Patterson, John Randolph, jr., Thomas M. Randolph, Erastus Root, Ebenezer Seaver, James Sloan, Henry Southard, Samuel Tenney, Samuel Thatcher, Geo. Tibbits, Abram Trigg, John Trigg, Killian K. Van Rensselaer, Joseph B. Varnum, John Whitehill, Marmaduke Williams, Richard Winn, and Joseph Winston.
TUESDAY, January 3.
A Message was received from the President of the United States, transmitting an annual account | of the fund established for defraying the contingent charges of the Government. The Message and account were ordered to lie on the table.
The SPEAKER laid before the House sundry | depositions and other papers transmitted from the town of Fayetteville, in the county of Cumberland, and State of North Carolina, respecting a contested election of Samuel D. Purviance, one of the members returned to serve in this House, for the said State; which were referred to the Committee of Elections.
Resolved, That the articles agreed to by this House, to be exhibited in the name of themselves, and of all the people of the United States, against John Pickering, in maintenance of their impeachment against him for high crimes and misdemeanors, be carried to the Senate by the managers appointed to conduct the said impeachment.
Ordered, That a message be sent to the Senate, to inform them that this House have appointed managers, on their part, to conduct the impeachment against John Pickering, and have directed the said managers to carry to the Senate the articles agreed upon by the House, to be exhibited in maintenance of their impeachment against the said John Pickering; and that the Clerk of this House do go with the said message.
The House resolved itself into a Committee of the Whole, on the bill making appropriations for the support of the Military Establishment of the United States, in the year one thousand eight hundred and four; and, after some time spent therein, the bill was reported with several amendments, which were severally twice read, and agreed to by the House.
Ordered, That the said bill, with the amendments, be engrossed, and read the third time to
H. of R.
On a motion made and seconded that the House do come to the following resolution:
Resolved, That provision ought to made by law to authorize the Secretary of War to frank all letters, returns, and other papers on public service, transmitted from the office of the Paymaster and Inspector of the Army; and directing that all such letters, returns, and papers, transmitted to the offices of the Inspector and Paymaster shall be addressed to the War Department:
Ordered, That the said motion be referred to the Committee appointed, on the eighteenth of October last, to inquire whether any, and what, amendments are necessary to be made in the acts establishing a post office and post roads within the United Staes.
A petition of sundry freeholders of the counties of Knox, St. Clair, and Randolph, in the Indiana Territory of the United States, was presented to the House and read, praying the confirmation of certain donation lands granted by a former Congress, and submitting certain propositions to the consideration of Congress, relative to the location and settlement of lands of the United States within the said Territory, and to other objects therein specified, which they pray may be adopted by Congress, for the convenience and benefit of the petitioners, and other inhabitants within the said Indiana Territory.-Referred.
Mr. JOHN COTTON SMITH, from the Committee of Claims, to whom was recommitted, on the twenty-second ultimo, their report on a motion relative to a provision for the relief of the owners of the Danish brigantine Henrick, together with sundry accompanying documents, made a supplementary report thereon; which was read, and referred to a Committee of the whole House on Thursday next.
On motion of Mr. LEIB, it was
Resolved, That the Secretary of the Navy do report to this House a statement of all the moneys advanced for the pay, clothing, subsistence, and contingencies, of the Corps of Marines, from the time of the organization and establishment of that corps to the close of the last year; exhibiting the dates of the advances, and to whom made; also, an account stating, generally, under each head of expenditure aforesaid, when, and by whom, and what amount of money has been accounted for; and showing the balance, if any, now in advance and not accounted for.
Mr. HUGER, from the committee to whom was referred, on the fifteenth of November last, the report of a select committee, made at the last session of Congress, on the subject of the fisheries of the United States, with instructions to inquire and report whether any, and if any, what measures are necessary for the encouragement of the whale and cod fisheries, made a report thereon; which was read, and referred to a Committee of the whole House on Monday next.
Mr. KENNEDY called up his resolution, prescrib ing that the sums received in the ports of the United States, for the relief and maintenance of sick and disabled seamen, be expended in the districts wherein they are collected, and that the surplus be placed for certain purposes under the direction
of the President.-Referred to a Committee of the Whole on Monday.
Mr. J. CLAY observed, that considerable injury had accrued to the United States from the existing provisions of the revenue laws in cases wherein they were infracted. He therefore moved the following resolution:
Resolved, That persons guilty of crimes arising under the revenue laws of the United States, or incurring fines or forfeitures by breaches of the said laws, may be prosecuted, tried, and punished, at any time within five years after the time of committing the offence or incurring the fine or forfeiture; any provision of law to the contrary notwithstanding:
Referred to the Committee of Ways and Means. The House went into a Committee of the Whole, on the bill to allow a drawback of duties on goods, wares, and merchandise, transported by land, in the cases therein mentioned.
The Committee, after some discussion of the bill, rose, and obtained leave to sit again.
On motion, it was
Resolved, That a committee be appointed to inquire into the expediency of authorizing the Courts of the United States to appoint Commissioners to administer oaths to appraisers; to take the depositions of witnesses out of Court; and to enforce the attendance of such witnesses as may be summoned to appear before the Commissioners so to be appointed.
Ordered, That Mr. NICHOLAS, Mr. ROGER GRISWOLD, and Mr. THOMPSON, be appointed a committee, pursuant to the said resolution.
Mr. MITCHILL observed, that there had been some conversation in the House during the last session, concerning the sums of money paid by our merchants on foreign voyages. He wished to renew that subject, as well worthy of the attention of Government.
Foreign nations levy money upon our vessels, which frequent their ports, for the purpose of supporting their light-houses. The sums paid by our merchants in compliance with these exactions are very considerable. The contribution which strangers are thus obliged to make, constitutes a fund, that goes a great way towards defraying the expense of those establishments, to the great relief of their own subjects.
The average amount of light-money paid by every vessel that enters a British port, is about four pence sterling the ton, for every light she may have passed inwards, or that she may be expected to pass outwards. Calculating by this rule an American ship of two hundred and eighty-four tons, entering the port of London, is charged with duties for the maintenance of the following lights, all along up the British channel, to wit: Scilly, Longships, Lizard, Eddystone, Portland, Caskets, Needles, Owers, Dungenness, Foreland, Goodwin, and the Nore. They amount to thirty-four pounds sterling, and the stamped paper for the receipt four pence more. Besides this, the duties of the Trinity House, for such a ship, amount to nine pounds, seven shilling and eight pence. In addi
tion to which there is demanded and paid, by virtue of an act of George III. for the maintenance and improvement of the harbor of Ramsgate, seven pounds and two shillings. So that the amount of these impositions for light-money and Ramsgate harbor money, on a ship under three hundred tons, for a single voyage to London, amounts to fifty pounds and ten shillings sterling, which is equal to two hundred and twenty-two dollars, independent of her tonnage, duties on merchandise, pilotage, and other expenses.
An American vessel entering the harbor of Hull, the lights are charged as before, viz: Scilly, Longships, Lizard, Eddystone, Portland, Caskets, Needles, Owers, Dungenness, Forelands, and Goodwin; and to these are added the lights on the Eastern coast of England, such as Sunk, Harwick, Gatt, Lowstoft, Harbro, Winterton, Oxford, Shawl, Dudgeon, Faulness, and the Spurn. The amount of these demands for light-money on an American ship of two hundred and forty-five tons is thirty-seven pounds and six shillings sterling. At Hull, the collector enforces payment of Ramsgate harbor duties to the amount of £6 2s. 6d.. and of Dover harbor dues to the amount of £3 18. 3d. The demand for supporting lights, few of which perhaps were seen on the passage, and for improving harbors which were not entered by the ship, amount to forty-six pounds nine shillings and nine pence sterling on a burthen less than two hundred and fifty tons. An amount of demand exceeding two hundred and four dollars.
An American ship goes to Liverpool, she is charged for the light up St. George's Channel. A ship of three hundred and fourteen tons is made to pay for supporting the lights at Milford, that called the Smalls, and another known by the name of Skerries. These several demands, with the price of stamps, come to £15 14s. 2d. sterling on a vessel of that burthen for one voyage, or more than sixty-three dollars for light-money alone. For each of these three light-houses the charge is exactly four pence sterling the ton.
Light-houses have been established by the Government of the United States on many parts of our extensive coast. Many parts of it are admirably illuminated. And the whole expense of these valuable establishments is defrayed from the Treasury out of the ordinary income. Foreigners who visit our ports participate the security and advantage of these guides to mariners, as fully as our own citizens; but they pay nothing for this privilege of directing themselves by our lights. Foreign nations have acknowledged the principle that duties ought to be collected from their commercial visiters, for supporting light-houses, and they compel our merchants to pay them. It is a correct principle of distributive justice, that we should cause our commercial visiters to pay something also for the establishment and improvement of our light-houses. A duty of tonnage, for this express purpose, could easily be laid and collected from foreign vessels, and would add materially to our means of keeping them in good repair and attendance. A sum for example, of six or seven cents per ton upon every foreign vessel for every
Addition to the Navy.
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light-house she shall have passed, will make a val- on the part of this House, to conduct the impeachuable fund for the humane and excellent institution ment against John Pickering, judge of the disof light-houses. To the intent that this interest-trict court of the United States for the district of ing subject may be investigated and that our Government may avail itself of its own proper rights and resources, I move the following resolution: "That the Committee of Commerce and Manufactures be directed to inquire into the expediency of laying and collecting a tonnage duty on foreign ships and vessels, entering the ports and harbors of the United States, for an equivalent for the advantages which such ships and vessels derive from the light-houses they pass, inwards and outwards."
WEDNESDAY, January 4.
New Hampshire, reported that the managers did, this day, carry to the Senate the articles of impeachment agreed to by this House, on the thirtieth ultimo; and the said managers were informed by the Senate that their House would take proper measures relative to the said impeachment, of which this House should be duly notified.
Mr. G. W. CAMPBELL offered a resolution for the appointment of a committee to inquire whether any, and if any what, alterations are necessary to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontier. Ordered to lie on the table.
ADDITION TO THE NAVY.
The House again resolved itself into a Com
A message from the Senate informed the House that, the Senate will, at twelve o'clock this day, be ready to receive articles of impeachment against John Pickering, judge of the district court of the United States for the district of Newmittee of the Whole on the bill from the Senate Hampshire, to be presented by the managers apfor the sale of the General Greene, and for making a further addition to the Navy. pointed by this House.
An engrossed bill making appropriations for the support of the Military Establishment of the United States, in the year one thousand eight hun dred and four, was read the third time, and passed. The House resolved itself into a Committee of the Whole on the bill making appropriations for the support of the Navy of the United States, during the year one thousand eight hundred and four; and, after some time spent therein, the bill was reported with several amendments, which were twice read, and agreed to by the House. Ordered, That the said bill, with the amendments, be engrossed, and read the third time to
The CHAIRMAN stated that the motion under consideration when the Committee rose was, to strike out the second section of the bill, which provides for the building or purchase of two small armed vessels, and appropriates therefor $50,000.
Mr. NICHOLSON observed that since this subject had been before the Committee he had made it his business to inquire into the existing necessity for the two small vessels contemplated to be added to the Navy. He had learned, from authority in which he reposed full confidence, that two such vessels might at present be advantageously employed, but that one of them was indispensably necessary. Sensible of the large demands upon the Treasury, though his opinions remained unchanged, he would agree, in case the honorable strike out the whole section, or in case they should Speaker (Mr. MACON) would waive his motion, to
The House proceeded to consider a motion of the third instant, relative to "the expediency of laying and collecting a tonnage duty on foreign ships and vessels entering the ports and harbors of the United States, as an equivalent for the ad-negative it, to a provision being made for one vesvantages such ships and vessels derive from the sel instead of two, and to a reduction of the sum light-houses they pass, inwards and outwards;" appropriated to $25,000. and the said motion being twice read and amended at the Clerk's table, was agreed to by the House, as follows:
Resolved, That the Committee of Commerce and Manufactures be directed to inquire into the expediency of laying and collecting a tonnage duty on ships and vessels entering the ports and harbors of the United States, as an equivalent for the advantages such hips and vessels derive from the light-houses they pass, inwards and outward; and report their opinion thereon by bill, or otherwise.
The House resolved itself into a Committee of the Whole on the bill to extend the time making the oath required in cases of goods, wares, and merchandise, exported and entitled to drawbacks, and therein to amend the act, entitled "An act to regulate the collection of imports and tonnage," and, after some time spent therein, the bill was reported with an amendment, which was twice read, and agreed to by the House.
Ordered, That the further consideration of the said bill be postponed until Monday next.
Mr. NICHOLSON, from the managers appointed 8th CoN.-26
his inability, holding still the same sentiments he
of Mr. MACON to strike out the second section.
Messrs. SMILIE and J. RANDOLPH supported the motion. They contended that no necessity existed in the present situation of the United States for an augmentation of the Navy; that it remained in the same state it had been fixed in during March, 1801, with the addition of four small vessels for the Mediterranean service; that it had heretofore proved fully competent to the protection of commerce, even when the complexion of our affairs was less pacific than at present; that the Mediterranean service had evinced that large vessels produced in that quarter more decisive effects than small ones, and that of the former description of vessels we had a sufficient number unemployed; that one great occasion for small vessels was removed by the permission of the State of South Carolina to import slaves, which superseded the
H. OF R.
Addition to the Navy.
from the knowledge they possessed of the state of the country, and the extended sphere of commerce, abundant evidence was presented of its necessity. It was a fact well ascertained that, for Barbary warfare, these small ships were eminently useful, and that service required relief; for in case of a disaster occurring to one of our present small vessels, it was proper to be provided with others that might promptly make good the deficiency. That the acquisition of Louisiana would undoubtedly require some naval force to insure the col
necessity of any additional force to restrain their illegal admission into the United States; that this addition to our marine force did not appear to be necessary, inasmuch as the President, whose Constitutional duty it was to give information to Congress of the state of the Union, and who directed the armed force of the nation, had not intimated his opinion of its necessity; and that Congress might be sure, if he thought it necessary, he would not hesitate to apprize them of it; that in adopting this provision of the bill the House was acting altogether in the dark, as no estimates of the ex-lection of the revenue in that quarter; and that pense had been furnished, and not even a committee appointed to examine either the propriety or expense of the measure. It was alleged that it became the Legislature, in the present posture of the national finances, to be uncommonly circumspect. New and heavy pecuniary obligations had been incurred, and time alone could show whether the present resources would be more than commensurate to meet them. That the Secretary of the Treasury, at the opening of the session, had spoken of the competency of our resources with a caution which ought to impress the House with the necessity of exercising strict economy, unless disposed to vote new taxes. To this point, this measure manifestly tended, and it became those who were hostile to new taxes, to hesitate before they adopted a measure that promised to lead to it.
The motion was, on the other hand, opposed by Messrs. NICHOLSON, EUSTIS, R. GRISWOLD, and HUGER. They observed that the bill under consideration had received the sanction of the Senate, and it might be rationally presumed that they had previously to its passage received satisfactory proof of its necessity; that the first section authorized the sale of the frigate General Greene, in the lieu whereof it was contemplated to build or purchase two small ships; that this measure therefore constituted no increase of the Navy beyond its present strength; that so far as related to expense, whatever the temporary cost, arising from the building or purchase might be, the permanent expense of two small vessels would be greatly inferior to that of one large one; that the annual expense of a forty-four gun frigate was $104,000, while that of a vessel of sixteen guns was only $36,000; that with regard to the argument of gentlemen drawn from a want of estimates, it was idle, as estimates had been furnished at the last session, as the basis of adding four small vessels for the Mediterranean service, which amounted to $96,000, which sum appeared to be sufficient. If, therefore, four vessels cost $96,000, two would not cost more than $50,000; that with regard to the necessity of these ships, Congress were the proper and Constitutional judges; that it was their special duty to provide and maintain a navy, and to provide for the common defence and general welfare of the United States; and that the absolute dependence placed by gentlemen on Executive mandates was unprecedented, anti-republican, and unconstitutional; that it became the Legislature to judge for themselves as to the propriety of the measure; that
the state of the West Indies absolutely demanded an addition of some small vessels to protect our trade from the barges that were fitted out by the brigands for the purposes of depredation; that it was a fact that if the Executive, at this moment, possessed one of these ships, it would be immediately sent to the West Indies; that there were other important purposes for which these vessels were wanted. The Government had frequent occasion to send special Envoys, on points of vast importance, to the two great Powers in Europe. Was it then safe, or becoming the dignity of the nation to send such characters, in a private merchantman subject to the search or capture of any armed vessel of Europe?
Before a question was taken on the motion to strike out the section, Mr. JACKSON moved that the Committee should rise. If they rose he would oppose their having leave to sit again, with the intention of referring the bill to the Committee of Commerce and Manufactures.
The Committee agreed to rise; ayes 63.
Leave having been refused to them to sit again, Mr. J. RANDOLPH moved that a committee be appointed to inquire whether any and what, further additions may be necessary to the Naval Establishment of the United States.
Mr. ALSTON moved to amend the motion by striking out "a committee be appointed," and inserting "the Committee of Commerce and Manufactures be instructed." Messrs. ALSTON, NICHOLSON, and EUSTIS, supported, and Mr. J. RANDOLPH opposed this amendment. Carried, yeas 51, nays 46.
The motion thus amended was supported by Messrs. HUGER and ELMER, and opposed by Messrs. VARNUM and SMILIE. Carried, yeas 57, nays 44.
Mr. JACKSON then moved the reference of the bill to the Committee of Commerce and Manufactures. Agreed to without a division.
THURSDAY, January 5.
An engrossed bill making appropriations for the support of the Navy of the United States, during the year one thousand eight hundred and four, was read the third time, and passed.
Ordered, That the committee appointed, on the twelfth ultimo, "to inquire whether any, and, if any, what, alteration is necessary to be made in the law regulating the mode of selecting jurors to serve in the Courts of the United States," have leave to report thereon by bill, or bills, or otherwise.
Official Conduct of Judge Chase.
Mr. EARLY, from the committee last mentioned, presented, according to order, a bill directing the mode of selecting jurors to serve in the Courts of the United States; which was read twice, and committed to a Committee of the Whole House on Wednesday next.
PRINTING OF LAWS.
The House went into a Committee of the Whole on the bill for reprinting the laws of the United
Mr. JACKSON moved to strike out the first section.
A motion was made that the Committee should rise, on account of the absence of the chairman of the committee that brought in the bill, (Mr. MITCHILL.)
This motion was supported by Messrs. R. GRISWOLD and HOLLAND, and opposed by Messrs. SMILIE, JACKSON, and NICHOLSON.
Before the question was put, Mr. MITCHILL entered the House, when it was taken, and the motion rejected-ayes 47, noes 54.
The motion to strike out the first section recurring, Mr. MITCHILL spoke at some length on the expediency of reprinting the laws; but suggested the propriety of suffering the bill to rest until the next session.
Mr. JACKSON withdrew his motion to strike out the first section, and moved that the Committee should rise, with the view of postponing the bill to the next session.
This motion, after debate, was carried-ayes 67. The Committee were then refused leave to sit again.
Mr. JACKSON moved a postponement of the bill to the first day of December next.
Mr. THOMAS Opposed the postponement. In case the motion to postpone should be negatived, he said he would move the recommitment of the bill to a Committee, with a view to empower the Secretary of State to distribute the laws in the Territory of Louisiana.
The motion to postpone was rejected-ayes 47,
H. OF R.
ty of human nature that there was no precaution by which our integrity and honor could be preserved, in case we were deficient in that duty which we owed to ourselves. In consequence, sir, of this unfortunate condition of man, we have been obliged, but yesterday, to prefer an accusation against a judge of the United States who has been found wanting in his duty to himself and his country. At the last session of Congress a gentleman from Pennsylvania did, in his place, (on the bill to amend the Judicial system of the United States) state certain facts in relation to the official conduct of an eminent judicial character, which I then thought, and still think, the House bound to notice. But the lateness of the session (for we had, if I mistake not, scarce a fortnight remaining) precluding all possibility of bringing the subject to any efficient result, I did not then think proper to take any steps in the business. Finding my attention however thus drawn to a consideration of the character of the officer in question, I made it my business, considering it my duty, as well to myself as to those whom I represent, to investigate the charges then made, and the official character of the judge, in general. The result having convinced me that there exists ground of impeachment against this officer, I demand an inquiry into his conduct, and therefore submit to the House the following resolution:
Resolved, That a committee be appointed to inquire into the official conduct of Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, and to report their opinion whether the said Samuel Chase hath so acted in his judicial capacity as to require the interposition of the Constitutional power of this House.
After the motion made by Mr. J. RANDOLPH had been read from the Chair,
Mr. MITCHILL said, before the question was taken, he should be glad, from the novelty and serious nature of the proposed measure, to hear a statement by his friend from Virginia of the reasons in detail on which it was founded.
Mr. J. RANDOLPH observed, that when he was
Mr. THOMAS's motion was then agreed to-up before he had stated that the gentleman from ayes 60.
Mr. DENNIS offered a motion directing the Secretary of State to transmit to each member of Congress a copy of the laws of the antecedent session. Referred to the above Committee.
OFFICIAL CONDUCT OF JUDGE CHASE.
Mr. J. RANDOLPH said, that no people were more fully impressed with the importance of preserving unpolluted the fountain of justice than the citizens of these States. With this view the Constitution of the United States, and of many of the States also, had rendered the magistrates who decided judicially between the State and its offending citizens, and between man and man, more independent than those of any other country in the world, in the hope that every inducement whether of intimidation or seduction which could cause them to swerve from the duty assigned to them might be removed. But such was the frail
Pennsylvania (Mr. SMILIE) had, in his place, at the last session of Congress, given a description of the official conduct of the officer to whom the resolution referred, which he considered the House bound to notice. It could not be conceived that the gentleman would have laid before the House a statement, the facts of which were not supported by his own knowledge, or by evidence on which he could place the utmost reliance. He did not conceive this to be a time to decide whether the information exhibited by the gentleman from Pennsylvania was or was not correct. At present an inquiry alone was proposed. If it should be made, it must result either that the conduct of the judge would be found to be such as not to warrant any further proceedings on the part of the House, or such as would require the interposition of that authority, which, as the immediate Representatives of the people, they alone possessed. If on inquiry the committee shall be