The National Intelligencer And Washington Advertiser

CONGRESS.

IN SENATE.

WEDNESDAY, DECEMBER 6.

The resolution offered yesterday by Mr. Giles was read a second time.

The bill to prevent the abuse of the privileges and immunities of foreign ministers within the U. States was read a second time and made the order of the day for to-morrow.

The bill authorising the transmission of the message of the President of the U. S. and documents, free of postage, was read a second time.

Mr. Pope's motion to amend the Constitution of the U. States was read a second time.

DECEMBER 7.

The following gentlemen compose the committee on so much of the message of the President of the United States as relates to the organization of the militia of the United States: Messrs. Smith of Maryland, Leib, Bradley, Sumter and German.

Mr. Leib gave notice that he should to-morrow ask leave to bring in a bill to repeal the Law suspending the recruiting service.

On motion of Mr. Page, the consideration of the resolution and bill reported by Mr. Giles was postponed till to-morrow.

The resolution for amending the constitution with respect to the tenure of office of the judges of the United States, was, on motion of Mr. Pope, referred to a select committee. The following gentlemen compose the committee: Messrs. Pope, Crawford, Goodrich, Brent and Lloyd.

The bill from the House of Representatives supplementary to the act extending the right of suffrage in the territory of Indiana, was read and passed to a second reading.

Mr. Pope gave notice that he should to-morrow ask leave to bring in a bill relative to the Cumberland road.

Mr. Bradley gave notice that he should to-morrow ask leave to introduce a bill to incorporate religious societies in the district of Columbia.

HOUSE OF REPRESENTATIVES

Wednesday, Dec. 6, 1809.

Mr. Macon called for the consideration of the motion submitted yesterday respecting vessels trading under foreign licences.—The motion was taken up and agreed to without opposition.

MISSISSIPPI TERRITORY.

Mr. Miller presented a petition of a number of the inhabitants of the district east of Pearl river in the Mississippi territory, praying for a division of the territory, which he moved to refer to a select committee.

Mr. Poindexter objected to the reference, and stated that, in addition to other forcible considerations, the Legislature of the territory, since the petition was presented to Congress at the last session, had unanimously passed a resolution, which he read, "that they view with the most marked disapprobation the object and views of the said petitioners, and that the Speaker forward a copy of this resolution to the Secretary of State of the U S. and another to our delegate in Congress, requesting him to use his best exertions to prevent the prayer of the petitioners being granted."

Mr. P. said that at the last session the petition was ordered to lie on the table; he wished to give it the same direction now. By a reference to the articles of cession and agreement between the U. states and Georgia, it was expressly provided that the territory was to form one state. These articles could not be altered without the consent of the three contracting parties, the U. S. Georgia and the Mississippi territory. If it were in the power of Congress to divide it in one point, they might divide it ad infinitum & forever prevent any part of it from being admitted to the rank of a state in the union.

The U. S. stipulated with Georgia that the territory should be indivisible, and should become a state as soon as it had attained a population of 60,000 souls. If Congress were to grant the prayer of these petitioners, feeble as they are shewn to be by an unanimous vote of the Legislature of the territory, including their own Representatives, they would do what the constitution forbids; they would form a small county containing 5 or 6000 souls, into a separate territorial government at an enormous expense, and in contravention of an express stipulation with the state of Georgia. It was true that all petitions should take the ordinary course of reference to a committee; but when a petition was presented praying for the violation of the constitution or of a express contract, it ought not to be referred.

Mr. Miller said he had not the pleasure of an acquaintance with the petitioners and therefore could not say what character they bore, or how their petition might be affected by it; but in the petition itself he saw nothing to prevent its taking the usual course of all petitions. If it were true (and he did not dispute the fact) that no division of the territory could take place without the consent of Georgia and of the Mississippi territory, he could see no objection to the present application, because an application for an alteration of the compact, to which the consent of three parties is necessary, must originate with one of them. If they were to apply first to the state of Georgia for a division of the territory, they would refuse to meddle with it because the consent of three parties was necessary; if they applied to the Mississippi territory they would receive the same answer; and for this reason the question would never be got at. He did not believe that the existence of such articles as those mentioned by the gentleman from Mississippi territory was a conclusive argument against referring the petition, because if the three parties should consent, the territory might be divided, notwithstanding their existence.

Mr. Quincy said he knew nothing of the merits of the petition, but from its contents the arguments it offered appeared strongly in favor of a reference of it. The petitioners state that they are debarred from the comforts of civil society, that they have not even a regular judiciary. These petitioners he said had no Representative on the floor but the gentleman from the territory (Mr. Poindexter) who wished to refuse a reference of their petition. Under these circumstances it appeared to him peculiarly proper that the petitioners should have their prayer considered by the proper organ of the House. It would be much more satisfactory to them to have their petition referred than to see it treated with contempt.

Mr. Macon hoped, without declaring whether or not he would vote for a division of the territory, that the petition would be referred. These petitioners had been for several sessions urging the consideration of this subject by the House. Was it in the nature of man to be satisfied, when petition after petition forwarded by them was laid on the table? The House did not indeed reject the petitions, but it would not consider them. Last session, a similar petition, presented through the Speaker of the House, had been ordered to lie on the table. What would be the consequence of giving the same course to this petition? The petitioners would come again. Mr. M. thought the petition had better be referred. A reference of the petition was a question very different from that of a division of the territory. The people say that they are oppressed, observed Mr. M. Let us enquire into it. It may turn out that they are merely dissatisfied, and wish for a change; or it may prove to be as they state. The right of petition is merely nominal, if petitions are to be laid on the table and never considered.

Mr. Smilie was of the same opinion with Mr. Macon. The law might be as stated by the gentleman from the Mississippi territory; but every one could not be supposed to be as well acquainted with it as that gentleman was, and time ought to be allowed for a thorough examination into it.

Mr. Poindexter said it was not from any desire to stifle the consideration of the subject, but in conformity with the former proceedings of the House in this case, that he wished the petition to lie on the table. He was certain that the House had sanctioned the doctrine, wherever a petition was presented for an object manifestly derogatory to the constitution and to existing contracts, of refusing to refer it, even although upon subjects then immediately before the House. Would it not be much more proper to refuse to refer a petition praying for a manifest violation of the constitution, than to refer it? That granting the prayer of the petition would violate a solemn compact he said he could shew by a reference to the articles of cession and agreement. If so, why take into consideration that on which Congress could not act? They might as well refer a petition from a state for a secession from the union, or for an exemption from the penal laws of the U. S. If the petition should be referred, he should be content—he had done his duty in opposing its reference—he was confident that no committee of the House could be selected that would make a report in favor of the prayer of the petitioners, especially when they saw such a resolution passed by the Legislature of the territory at the express instance of their own Representatives.

Mr. Upham expressed himself in favor of referring the petition, as he conceived he did not sufficiently understand the subject to vote at once to reject the prayer of the petition.

Mr. Rhea (T.) said he had been sorry to hear any observations going to place the petitioners in a contemptuous point of view. If it was in the power of the House to relieve the petitioners, relief ought to be extended to them. He therefore wished the petition referred and hoped the committee would report at large on the subject.

The motion for reference was agreed to; and the following gentlemen appointed a committee accordingly: Messrs. Miller, Bibb, Quincy, Breckenridge, Lisle, Nicholson and Campbell.

A message was received from the Senate by Mr. Otis, their Secretary, informing the House that they had chosen the Rev. O. B. Brown their Chaplain.

Mr. Love presented the petition of the President and Directors of the Potomac Navigation Company, praying to be allowed to raise a sum of money by way of lottery for the use of the said company; which was referred to the committee of the District of Columbia.

On motion of Mr. Bassett, the committee of Ways and Means were discharged from the consideration of the message and documents yesterday received from the President of the U. S.; and they were referred to the committee on the naval establishment.

On motion of Mr. Poindexter, the House resolved itself into a committee of the whole, Mr. Bassett in the chair, on the bill, yesterday reported, supplementary to the act extending the right of suffrage in the territory of Indiana and for other purposes. The bill passed through the committee, and was reported to the House, and ordered to be engrossed for a third reading.

Mr. Nelson said he had at a former session had the honor to submit a motion which had for its object the relief of the infirm and disabled soldiers of the United States. He now again submitted it, deeming it unnecessary to enlarge upon the subject, as follows:

Resolved, That a committee be appointed to enquire into the expediency of making provision by law for the relief of the infirm, disabled and superannuated officers and soldiers of the late revolutionary army and of the present army of the United States; and that the committee have leave to report by bill or otherwise.

The resolution was agreed to, and the following gentlemen appointed a committee accordingly: Messrs. Nelson, Huger, Tallmadge, Clay and Desha.

SYSTEM OF BANKRUPTCY.

Mr. Whitman presented the petition of a number of the inhabitants of Portland, Maine, praying for the establishment of an uniform system of bankruptcy; which he moved to refer to a select committee.

Mr. Newton moved to refer it to a committee of the whole House.

Mr. Randolph wished the petition rather to lie on the table, than go to a committee of the whole. He was himself totally opposed to the object of the petition. Nothing would come from its reference to a committee of the whole, as such a committee could originate no provision on the subject; reference of subjects to such committees being merely intended to afford an opportunity for a more free discussion of their principles.

Mr. Smilie said we had already had one bankrupt law, and had got rid of it. He believed every honest man hated the system. He was clearly and decidedly against touching the subject at all.

Mr. Vermont agreed with the gentlemen from Connecticut and Pennsylvania that we had already had enough of bankruptcy. He was argumentative from experience of their effects too. He wished the petition to go to a committee of the whole, because when it got there, there could be no hopes of its resurrection. The reference to the one named would be pronouncing its funeral oration and dismissing it honorably.

Mr. Pitkin observed that he had always understood that a reference of a petition to a committee of the whole was for the purpose of discussion and not for the purpose of getting rid of it. He wished it to lie on the table. If any motion were made on the subject of system of bankruptcy, his petition could be referred to the same committee to whom it should be referred.

Mr. Whitman said he was not at all satisfied that the subject ought not to be referred to a select committee. The petitioners respectfully prayed a consideration of the subject, and it was a respect due to them to refer their petition. Mr. W. said that the object of reference to a select committee was, to collect information on the subject, to be submitted to the House. He was of opinion that if such information was before the House on this occasion, the minds of members would be very differently affected on the question. At present the different states had different bankrupt laws, the citizens of one state did not know what were the insolvent laws of another state, and thus unavoidably much difficulty arose. For this difficulty a remedy might possibly be found, on a mature consideration of the subject.

Mr. Wilson said that if the petition prayed for a particular benefit to the petitioners it might be proper to refer it for enquiry; but when they prayed for a general law, to which almost all appeared opposed, he could not see the propriety of referring it. For his part, his mind was made up against it; and if every gentleman was in the same situation, he could not see why it should be committed.

Mr. Upham spoke in disapprobation of a general bankrupt system, but in favor of a reference of the petition.

On the question of referring the petition to committee of the whole, there were but 18 yeas.

On the question of referring it to a select committee there were but 23 ayes. So the question was lost.

The petition lies on the table of course.

DANISH SPOLIATIONS

Mr. Thompson offered for the consideration of the House the following resolution:

Resolved, That the President of the U. States be requested to cause to be laid before this House such information as he may have received and may deem proper to be communicated respecting seizures, captures and condemnations of the ships and merchandise of the citizens of the U. S. made under the authority of the government of Denmark and its dependencies.

Mr. Newton hoped that the terms of the resolution, if it were to be passed would be extended so far as to embrace G. Britain and France, and made a motion for that purpose.

Mr. Whitman said that his object was to obtain information on this subject that Congress might be enabled as speedily as possible to adopt some mode of liberating our vessels, now detained from the difficulties of the situation in which they are placed. He had understood that a great number of our citizens were in a situation which required immediate relief. It had been suggested to him that if proper measures were taken with regard to the property detained in Norway, it might be recovered; and that, if such measures were not taken, it might be wholly lost or in a great measure destroyed. With this view of obtaining information he had offered the resolution, and hoped that it would pass in its present form.

Mr. Newton thought it important that an extensive view of this subject should be taken, and that all the information attainable should be procured. Although Denmark had done us injury, the two nations which he had mentioned had done us infinitely more. If the House took any view of the subject, he wished them to have the iniquities of all nations before them.

Mr. Pitkin said he had no objection to the addition of the words moved by the gentleman from Virginia, but he thought the House ought not to send so general a resolution to the President with respect to the two last powers, because, their vexation of our commerce having commenced from 15 to 20 years back, it might give the President some trouble to lay before the House all the information accumulated in that time. He therefore thought some limitation ought to be fixed as to the time which the motion should embrace.

Mr. Newton presumed that of course the President would go no further back than to the last communications made by the Executive on the subject.

The amendment moved by Mr. Newton, to add "Great-Britain and France," was adopted 51 to 45.

Mr. Troup said he could not conceive the object of the original resolution. He hoped it had no allusion to indemnity for spoliations. After merchants had compelled the repeal of a salutary measure, and sent their vessels to sea in the face of the most manifest danger, it would be extraordinary indeed if they were to call upon Congress for indemnity.

Mr. Quincy was of opinion, if the information was called for, that some limitation of time ought to be expressed in the resolution; though for himself he did not want the information as to G. Britain and France. Your tables (said he) have from time to time been loaded with the nefarious proceedings of those two governments. As to the idea of the gentleman from Georgia, whether such a consideration is to grow out of the subject or not, I consider a question totally different from the present. The object of the present motion, as I understand it, is to get information officially of the captures by Denmark of our vessels: and I am decidedly in favor of it. Nor have I any objection to hear more of the doings of G. Britain and France, though I think every man in the nation has seen enough of them.

On motion of Mr. Bassett, the resolution was further amended by adding to the end of it the words "not heretofore communicated to Congress."

And, after being thus amended, Mr. Whitman's motion passed without question: and Messrs. Whitman and Kean were appointed a committee to wait on the President of the U. States with the said resolution.

Mr. Earle offered the following resolution which was agreed to:

Resolved, That the committee on the Public lands be instructed to enquire into the expediency of extending the time for listing locating United States land warrants and granting an issue (the bounty of six months) to the heirs or executors of those who have died before completing the location of lands by virtue of warrants in the Virginia militia agency; that the committee be authorized to report by bill or otherwise.

And the House adjourned.

THURSDAY, DEC. 7.

Mr. Meredith from the committee on Public lands reported a bill for reviving the act respecting British fugitives which was read and referred to the committee of Public Lands, with directions to bring in a bill accordingly.

The engrossed bill supplementary to the act extending the right of suffrage in the territory of Indiana and for other purposes was read a third time and passed.

MANUFACTURES.

Mr. Sergeant observed that on the 5th day of December, 1791, the original report of the Secretary of the Treasury (General A. Hamilton) on the subject of manufactures was ordered to lie on the table. He said it was a document which contained much important matter and did honor to its author. He conceived it might be made the basis on which an important superstructure might be raised. He therefore moved that it should be printed for the use of the members of the House—agreed to.

On motion of Mr. Poindexter, the following resolution was adopted, and a committee of five appointed in pursuance thereof.

Resolved, That a committee be appointed to enquire into the expediency of extending jurisdiction to the superior courts of the several Territories of the U. States, in which a district court has not been established for the trial of treason and other offences against the laws of the U. States, committed within the limits of said territories: and empowering said courts to pronounce such judgment or sentence, on conviction of the offender, or offenders, as the law directs, and that they have leave to report by bill or otherwise.

Mr. Poindexter presented a memorial from the Corporation of New Orleans against the claim set up by Edward Livingston, Esq. to the Batture aux outres of the Faubourg of St. Mary's.—Referred to the committee of Public Lands.

CHALLENGES, DUELS, &c.

Mr. Bacon said he held in his hands three propositions which he deemed it his duty to submit to the House. They were not for the regulation of the great concerns with foreign nations, but for the necessary object of regulating themselves. It would be seen that the resolutions had not grown out of any personal considerations, nor out of any particular case, but out of the serious evils to which the House had been exposed by the want of some regulations from the commencement of the government. In 1798 the evil had risen to such a height that the House had repeatedly expressed as opinion. Mr. B. could said be it his duty to express his sense on the subject by submitting these and no particular why as he would move the subject was not suited in the committee in pointed to revise rules and orders for the government of the House. He would only remark that the resolutions might not be correct in form, or they might be at once erroneous in principle. He was not anxious as to the particular form; he was decidedly in favor of the general object, only wished to take the sense of the House upon it. For himself he was well prepared to speak on them: but for the convenience of others he wished them to lie on the table.

Resolved That the committee appointed to report, on the rules and orders for the government of the House, do report one declaring, "that if any member in the course of debate shall make use of opprobrious or vilifying language? with respect to any member, or call into question the integrity of his motives, or those of either branch of the government in relation to the discharge of his official duties, except on a motion for impeachment or for other interposition of the constitutional powers of this House—or apply to either indecorous or reproachful expressions—it shall be deemed a breach of the orders of the House.

That said committee be instructed further to report a rule declaring, "That if any person during the session of Congress, whether a member of the House or not, shall give or send to any other member during his actual attendance at the seat of government, a challenge to fight a duel, or if the member so challenged shall accept the same, it shall be deemed a breach of the privileges of the House, as well on the part of such members as on that of any other person whether a member or not, who shall be aiding, abetting or assisting in giving or sending such challenge, or in carrying the same into effect, and every such member shall be held liable to be expelled from the House therefor.

That said committee be further instructed to report a rule declaring—"That if any person during the session of Congress, whether a member of the House or not, shall commit personal violence or assault upon any member during his actual attendance at the seat of government, it shall be deemed a breach of the privileges of the House, as well on the part of the person so assaulting, as on that of any other person who shall be aiding, abetting, or assisting therein, and such person, if a member, shall be held liable to be punished therefor, at the discretion of the House."

Ordered to lie on the table.

Mr. Bacon observed that the committee appointed to draft rules and regulations for the government of the House would sit on Saturday,

Mr. Bacon then said he should call for the consideration of his motion to-morrow.

By consent had the report of a committee, of which Mr. Madison was chairman, on the subject of a letter from Mr. Gunn to Mr. Baldwin, both members of Congress; as well as on the case of Mr. Frelinghuysen.

NON-IMPORTATION PROPOSITIONS

Mr. Findlay said that on Friday last the gentleman from North Carolina (Mr. Stanly?) had moved several resolutions in the course of some observations and at the conclusion he understood him to wish, if he had been correctly understood, to adopt something like a non-importation of the United States. Mr. Findlay said he accorded cheerfully to that idea he was himself of opinion that their attention was turned upon his measures which the constitution had given to Congress, and that they no longer bore the confidence of the nation to indulge in treaties about transmitting for, as to making a treaty which an enemy could be ruined whilst the vessels continued in port he had no expectation of it. Although so nothing justified in Congress which would go on as far as commercial as well as manufacturing interest of the country. When he spoke of the commercial interest, he meant that connected with the agricultural interest, not that which grew out of the war in Europe and which our merchants would wholly in time of peace. He had five resolutions to present, which he would briefly state the substance. The first, he said was to give to the shipping of the United States the exclusive exportation of articles the growth, produce or manufacture of the United States. The second proposed to annex American shipping to the exportation of our articles the growth, produce or manufacture of the United States only. The third laying a discriminating duty, would give to American traders an advantage over foreign merchants in supplying us with such foreign articles as should be necessary for mutual consumption. The fourth went to repeal or modify the laws respecting drawbacks. As these laws were very deficient every one must believe who reflected that the same drawback was allowed on all foreign articles exported, of whatever description were the such as were manufactured or grown in the U. S. or otherwise. Without further remarks he offered the following resolution:

Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. States of any article the growth, produce or manufacture of the U. States—except in ships only vessels owned and wholly navigated by citizens of the U. States.

Resolved That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. S. in ships or vessels belonging to the U. S. of any article which is not of the growth, produce or manufacture of the U. S.

Resolved, That the Committee of Commerce and Manufactures be instructed to enquire into the expediency of laying an additional discriminating duty in favor of ships owned and wholly navigated by citizens of the U. S.

Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting American ships and vessels from carrying articles the growth, produce or manufacture of any foreign country from any foreign port or place to another foreign port or place.

Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of modifying or repealing the laws allowing drawbacks on the exportation of foreign articles from the U. States.

Mr. Smilie wished [that they be referred] to the [committee on] agriculture instead of the [committee of] commerce [and manufactures].

Mr. Findlay [replied that] whatever it might have been his intention.

The resolutions were ordered to be laid on the table.