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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 him that Resolved, That this bill pass with amendments. the Senate have, in the absence of the Vice PresiThe 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 saltpetre 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 the debts of the United States, as far as the same respects saltpetre ;" and having agreed thereto, Ordered, That the bill pass to the third reading, as amended.

Mr. WORTHINGTON presented the petition of Christian Van Gundy, an early settler in the Territory of the United States North west of the river Ohio, praying the pre-emption of a lot of which he hath long been in possession, and hath erected a mill, and made other improvements thereon; and the petition was read.

The Senate resumed the consideration of the amendments reported to the bill, entitled "An act 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.

ber next.

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 slavery, and improving the condition of the African race, signed Matthew Franklin, president, praying that such laws may be enacted as shall prohibit the introduction of slaves into the Territory of Louisiana, lately ceded to the United States; and the petition was read.

The Senate resumed the second reading of the bill to protect the seamen of the United States; and, after debate,

Ordered, That the consideration thereof be postponed until Tuesday next.

The Senate took into consideration the petition of Thomas Dillon, together with the resolution of the Legislature of the State of North Carolina thereon; and

Ordered, That they be referred to the committee appointed on the 5th instant, on the bill declaring the assent of Congress to the act of the General Assembly of the State of North Carolina, to consider and report thereon to the Senate. After adjournment of the High Court of peachments, the Senate adjourned.

FRIDAY, January 20.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and, after progress, and the adjournment of the High Court of Impeachments, the Senate adjourned.

TUESDAY, January 24.

Im-informed the Senate that the House have passed A message from the House of Representatives a bill, entitled "An act for the better direction of the collectors of the respective ports of the United zenship;" in which they desire the concurrence States in granting to seamen certificates of citi

The bill, entitled "An act for the relief of Paul Coulon," was read the third time and passed. 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," was read the third time; and, on the question to agree to the bill as amended, it passed in the negative.

Mr. NICHOLAS, from the committee to whom was referred, on the 6th instant, the bill, entitled "An act making appropriations for the support of the Navy of the United States, during the year 1804," reported it without amendment.

After the adjournment of the High Court of Impeachments, the Senate adjourned.

MONDAY, January 23.

The VICE PRESIDENT being absent on account of the ill state of his health, the Senate proceeded to the election of a President pro tempore, as the Constitution provides; and the ballots having been collected and counted, a majority thereof was for the honorable JOHN BROWN, who was accordingly elected President of the Senate pro tempore.

of the Senate.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and, on motion to strike out of the fourth section, from the word "annually," line fourth, to the words "United States," line seventh, the words, "by the Governor, from among those holding real estate therein, and who shall have resided one year, at least, in the said Territory, and hold no office of profit under the Territory or the United States," for the purpose of inserting the words following:

"The Governor shall lay off and divide the territory aforesaid into twenty-four convenient districts, from each of which districts there shall be chosen, annually, by the housekeepers resident therein, two of the most therein and landholders, and holding no office of profit fit and discreet persons, who shall also be residents under the territorial government, or that of the United States, and make a return of their names to the Governor, out of which number the Governor shall select twenty-four, to wit, one from each district. But if any of the districts should refuse or neglect to make such appointment for one month after the time appointed by the Governor for making the said elections, he shall

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then have the power of selecting from each district, so refusing or neglecting, one fit person for the purposes aforesaid."

On this, a division of the question was called for, and that it be taken on striking out.

Whereupon, the yeas and nays being required by one fifth of the Senators present, on striking out, it passed in the negative-yeas 15, nays 14, as follows:

YEAS--Messrs. Adams, Anderson, Breckenridge,
Cocke, Condit, Hillhouse, Logan, Maclay, Plumer, John
Smith, Stone, Tracy, Venable, and Worthington.
NAYS-Messrs. Armstrong, Baldwin, Bradley, Brown,
Dayton, Ellery, Franklin, Jackson, Nicholas, Olcott,
Pickering, Potter, Israel Smith, and Samuel Smith.
The following Message was received from the
PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate, and

of the House of Representatives :

may

JANUARY, 1804.

Ordered, That the further consideration of this bill be the order of the day for Monday next. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and, after debate, the Senate adjourned.

THURSDAY, January 26.

The bill, entitled "An act for the better direction of the collectors of the respective ports of the United States, in granting to seamen certificates of citizenship," was read the second time, and referred to Messrs. JACKSON, ARMSTRONG, and MACLAY, to consider and report thereon to the Senate.

The bill, entitled "An act making appropriations for the support of the Navy of the United States, during the year 1804," was read the third time, and passed.

I communicate herewith, for your information, a letter just received from Governor Claiborne, which 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 Establishment of the United States in the year 1804."

JANUARY 24, 1804.

TH. JEFFERSON.

The Senate resumed the second reading of the The Message and paper were read, and ordered bill erecting Louisiana into two Territories, and to lie for consideration.

WEDNESDAY, January 25.

providing for the temporary government thereof; and a motion was made to amend the bill, by inserting 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 read, and referred to the Sec-being thereof convicted, before any court within the retary for the Department of State, to consider the merits of the same, and report thereon to the

Senate.

The bill, yesterday sent up for concurrence, entitled "An act for the better direction of the collectors of the respective ports of the United States, in granting to seamen certificates of citizenship," was read, and ordered to the second reading.

Mr. BALDWIN, from the committee to whom was referred, on the 18th instant, the bill, entitled "An act to enable the President of the United States to make restitution to the owners of the

Danish brigantine called the Henrick, reported it

without amendment.

On motion, it was agreed that the consideration of this bill be the order of the day for Monday

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said Territory, having competent jurisdiction, shall forfeit and pay, for each and every slave so imported or brought, the sum of dollars, one moiety for the use of the United States, and the other moiety for the use of the person who shall sue for the same; and every slave so imported or brought shall thereupon become entitled to, and receive his or her freedom."

amendment by striking out, after the words "port Whereupon, a motion was made to amend the United States," and insert in lieu thereof, "for or place," the words "without the limits of the

sale."

A division of the question was called for, and that it be taken on striking out; and, on the question, Shall the words be struck out? it passed in the negative-yeas 6, nays 22, as follows:

YEAS-Messrs. Baldwin, Bradley, Ellery, Jackson, Israel Smith, and Samuel Smith.

NAYS-Messrs. Adams, Anderson, Armstrong, Breckenridge, Brown, Cocke, Condit, Franklin, Hillhouse, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, John Smith, Stone, Venable, Wells, White, and Worthington.

On motion to agree to the original amendment, it passed in the affirmative-yeas 21, nays 6, as follows:

YEAS-Messrs. Anderson, Armstrong, Breckenridge,

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Brown, Cocke, Condit, Franklin, Hillhouse, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, John Smith, Stone, Venable, Wells, White, and Worthington.

NAYS-Messrs. Adams, Baldwin, Bradley, Ellery, Jackson, and Israel Smith.

FRIDAY, January 27.

Mr. NICHOLAS, from the committee to whom was referred, on the 18th instant, "An act further to amend the act, entitled 'An act to lay and collect a direct tax within the United States," reported it without amendment.

Mr. FRANKLIN, from the committee to whom was referred, on the 5th instant, the bill declaring the assent of Congress to an act of the General Assembly of the State of North Carolina, reported

the bill without amendment.

SENATE.

unless they are bound by their own voluntary act, after they arrive to such age, or bound by law for the payment of debts, damages, fines, or costs: Provided, That no person held to service or labor in either of the States or Territories aforesaid, under the laws thereof, escaping 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 by law."

It passed in the negative-yeas 11, nays 17, as follows:

YEAS-Messrs. Bradley, Brown, Ellery, Hillhouse, Logan, Olcott, Plumer, Potter, Israel Smith, Wells, and Worthington. NAYS-Messrs. Adams, Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Condit, Dayton, Franklin, Jackson, Maclay, Nicholas, Pickering, John Smith, Samuel Smith, Venable, and White.

A motion was made to amend the bill, by addThe Senate took into consideration their amending to the end of section eighth, last adopted, the ments disagreed to by the House of Representa- following: tives to the bill, entitled "An act making appropriations for the Military Establishment of the United States in the year 1804; and, Ordered, That the consideration thereof be postponed.

MONDAY, January 30.

The Senate resumed the consideration of their amendments disagreed to by the House of Representatives to the bill, entitled "An act making appropriations for the Military Establishment of the United States during the year 1804;" and,

Resolved, That they ask a conference thereon, and that Messrs. JACKSON and BRADLEY be managers at the same, on the part of the Senate.

Agreeably to the order of the day, the Senate resumed the consideration of the bill in relation to the Navy pension fund; and having amended the bill,

Ordered, That it pass to the third reading as amended.

A message from the House of Representatives informed the Senate that the House agree to some, and disagree to other, amendments of the Senate, 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." The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and a motion was made to amend the bill, by adding the following to the new section, adopted as section eighth :

"And be it further enacted, That no male person brought into said Territory of Louisiana, from any parts of the United States or Territories thereof, or from any province or colony of America belonging to any foreign Prince or State, after the-day of next, ought or can be holden by law to serve for more than the term of one year, any person as a servant, slave, or apprentice, after he attains the age of twenty-one years; nor female in like manner, after she attains the age of eighteen years,

"That it shall not be lawful for any person or persons to import or bring into the said Territory, from any port or place within the limits of the United States, or cause to, or procure to be so imported or brought, or 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 within the limits of the United States, from any port or place without the limits of the United States; and every person so offending and being thereof convicted, before any court within the said Territory having com petent jurisdiction, shall forfeit and pay, for each and every such slave so imported or brought, the sum of dollars; one moiety for the use of the person or persons who shall sue for the same. And no slave or slaves shall directly or indirectly be introduced into said Territory, except by a person or persons removing into said territory for actual settlement, and being at the time of such removal bona fide owner of such slave or slaves; and every slave imported or brought into the said Territory, contrary to the provisions of this act, shall thereupon be entitled to and receive his or her freedom."

And a division was called for, and that the question be taken on the first proposition, ending with the words," sue for the same:" and, on the question to agree to this first division of the amendment it passed in the affirmative-yeas 21, nays 7, as follows:

YEAS-Messrs. Anderson, Armstrong, Bradley, Breckenridge, Brown, Cocke, Franklin, Hillhouse, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, I. Smith, John Smith, Venable, Wells, White, and Worthington.

NAYS-Messrs. Adams, Baldwin, Condit, Dayton, Ellery, Jackson, and Samuel Smith.

A motion was made to strike out all that folamendment, for the purpose of a further amendlows the word "and," in the second division of the ment; and, after debate, the consideration of the subject was postponed.

A message from the House of Representatives informed the Senate that the House agree to the conference desired by the Senate on the amendments of the Senate to the bill, entitled "An act making appropriations for the Military Establish

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The Senate took into consideration their amendments, disagreed to by the House of Representatievs 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." Whereupon,

Resolved, That they do insist on their amend ments disagreed to, ask a conference thereon, and that Messrs. BRECKENRIDGE, DAYTON, and ANDERSON, be the managers at the same on the part of the Senate.

The bill in relation to the Navy pension fund was read the third time, and passed.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act supplementary to an act, entitled An act to incorporate the inhabitants of the City of Washington, in the District of Columbia;" in which they desire the concurrence of the Senate.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and a motion was made to strike out the last division of the amendment proposed yesterday, to wit: "And no slave or slaves shall, directly or indirectly, be introduced into said Territory except by a person or persons removing into said Territory for actual settlement, 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 provisions of this act, shall, thereupon, be entitled to, and receive, his or her freedom;" and to insert the following:

"No slave shall be admitted into the said Territory from the United States or their territories, who shall not be the property of some person bona fide removing from the United States into the said Territory, and making an actual settlement therein, or who shall not have passed by descent or devise to the person or persons claiming the same, and residing within the said Territory, from some person or persons deceased in some one of the United States or their territories; and every slave who shall be brought into said Territory, otherwise than is hereby permitted, shall be forfeited, and may be recovered by any person who shall sue for the same; and the person or persons offending herein shall moreover forfeit and pay dollars for every slave so brought in, to be recovered by action of debt in any court having jurisdiction thereof; one moiety to the use of the United States, and the other moiety to the use of the person who shall sue for the same. And in any action instituted for the recovery of the penalty aforesaid, the person or persons sued may be held to special bail:"

And a division of the question was ealled for, and that it be taken on striking out; and, on the

FEBRUARY, 1804.

question, shall the words be stricken out? It passed in the negative-yeas 13, nays 15, as follows:

YEAS-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Condit, Jackson, Nicholas, John Smith, Samuel Smith, Stone, Venable, and Wells.

NAYS-Messrs. Adams, Bradley, Brown, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Plumer, Potter, Israel Smith, Worthington, and Wright.

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"And no slave or slaves shall, directly or indirectly, be introduced into the said Territory except by a citizen of the United States, removing into said Territory for actual settlement, and being, at the time of such removal, bona fide owner of such slave or slaves; and contrary to the provisions of this act, shall thereupon every slave imported or brought into the said Territory, be entitled to, and receive, his or her freedom:"

It passed in the affirmative-yeas 18, nays 11, as follows:

Brown, Cocke, Condit, Franklin, Hillhouse, Logan, YEAS-Messrs. Armstrong, Bradley, Breckenridge, Maclay, Olcott, Plumer, Potter, S. Smith, Wells, White, Worthington, and Wright.

NAYS-Messrs. Adams, Anderson, Baldwin, Dayton, Ellery, Jackson, Nicholas, Pickering, J. Smith, Stone, and Venable.

After the adjournment of the High Court of Impeachments, the Senate adjourned.

THURSDAY, February 2.

Mr. JACKSON, from the committee to whom was referred, on the 26th of January last, the bill, entitled "An act for the better direction of the collectors of the respective ports of the United States, in granting seamen certificates of citizenship," reported it without amendment.

The bill, entitled "An act supplementary to an act, entitled 'An act to incorporate the inhabitants of the City of Washington, in the District of Columbia," was read the second time and referred to sider and report thereon to the Senate. Messrs. ANDERSON, STONE, and WRIGHT, to con

A message from the House of Representatives informed the Senate that the House agree to the conference proposed by the Senate on their 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 have appointed managers on their part. They have passed a bill entited "An act continuing for a limited time the salaries of the officers of Government therein mentioned;" in which they desire the concurrence of the Senate.

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The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and on motion, to strike out the eighth section of the original bill, amended as follows:

"SEC. 8. The residue of the province of Louisiana, ceded to the United States, shall remain under the same name and form of government as heretofore, save only that the executive and judicial powers exercised by the former Government of the province shall now be transferred to a Governor, to be appointed by the President of the United States: and that the powers exercised by the Commandant of a post or district shall be hereafter vested in a civil officer, to be appointed by the President in the recess of the Senate, but to be nominated at the next meeting thereof for their advice and consent; under the orders of which Commandant the officers, troops, and militia, of his station, shall be; who, in cases where the military have been used, under the laws heretofore existing, shall act by written orders and not in person; and the salary of the said officers, respectively, shall not exceed the rate of. dollars per annum. The President of the United States, however, may unite the districts of two or more Commandants of posts into one, where their proximity or ease of intercourse will permit without injury to the inhabitants thereof. The Governor shall receive an annual salary of dollars, payable quarter-yearly at the Treasury of the United States:"

It passed in the affirmative-yeas 16, nays 9, as follows:

SENATE.

Ordered, That the petition of Elijah Brainard, presented on the 29th of November last, be referred to the same committee, to consider and report thereon to the Senate.

A message from.the House of Representatives informed the Senate that the House agree to the amendment of the Senate to the bill, entitled "An act for the relief of the captors of the Moorish armed ships Meshouda and Mirboha," with an amendment, in which they desire the concurrence of the Senate.

The Senate took into consideration the amendment to their amendment to the bill last mentioned, and it was referred to Messrs, BRECKENRIDGE, STONE, and S. SMITH, to consider and report thereon to the Senate.

bill erecting Louisiana into two Territories, and The Senate resumed the second reading of the making provision for the temporary government thereof; and, after progress, the Senate adjourned.

MONDAY, February 6.

THOMAS SUMTER, from the State of South Carolina, attended on the 4th instant, and took his seat this day in Senate.

Mr. TRACY presented the petition of Oliver Pollock, praying the final liquidation and settlement of claims grounded on his services, sufferings, and advances, as a public agent of the United 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, WIN, to consider and report thereon to the Senate. and Worthington.

NAYS-Messrs. Baldwin, Brown, Dayton Ellery, Jackson, Nicholas, Potter, S. Smith, and Wright. Atter the adjournment of the High Court of Impeachments, the Senate adjourned.

FRIDAY, February 3.

The bill yesterday brought up from the House of Representatives for concurrence, entitled "An act continuing for a limited time the salaries of the officers of Government therein mentioned," was read, and, by unanimous consent, the rule was dispensed with and the bill was read the second time.

Ordered, That it be referred to Messrs. BRADLEY, BALDWIN, and JACKSON, to consider and report thereon to the Senate.

Mr. WRIGHT presented the memorial of John Hoskins Stone, late a Colonel of the first Maryland regiment, in the service of the United States in the Revolutionary war, in which he was wounded and rendered incapable of bodily exertions; and praying to be allowed the compensation of five years whole pay, in lieu of ten years half pay, together with the bounties in land to which his rank in the army entitle him, and such other emoluments as have been granted to officers in similar circumstances; and the memorial was read, and referred to Messrs. WRIGHT, ARMSTRONG, and ADAMS, to consider and report thereon to the Senate.

December last, Mr. WORTHINGTON brought in a Agreeably to leave obtained on the 14th of bill to ascertain the boundary of the lands reserved by the State of Virginia, for the satisfaction of her officers and soldiers on Continental establishment, and to limit the period for locating the said lands; and the bill was read.

Ordered, That it pass to the second reading. The PRESIDENT Communicated the report of the Commisioners of the Sinking Fund, stating that the measures which have been authorized by the board, subsequent, to their report of the 5th of February, 1803, so far as the same have been completed, are fully detailed in the report of the Secretary of the Treasury to the board, dated the 3d day of the present month, and in the statements therein referred to, and now transmitted; and praying that they be received as part of this report; and the documents were read, and ordered to lie for consideration.

Ordered, That the consideration of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof, be postponed until to-morrow.

The Senate resumed the second reading of the bill, declaring the assent of Congress to "An act of the General Assembly of the State of North Carolina;" and a motion was made to amend the bill; and, after debate, the further consideration thereof was postponed until to-morrow.

Mr. JACKSON reported, from the managers at the conference, on the bill, entitled "An act ma

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