The National Intelligencer And Washington Advertiser

HOUSE OF REPRESENTATIVES.

DECEMBER 2.

Acknowledgments of the SPEAKER on taking the Chair.

GENTLEMEN,

"ACCEPT my sincere thanks for the honor you have conferred on me. Permit me to assure you that my utmost endeavors will be exerted to discharge the duties of the Chair with fidelity, impartiality and industry; and that I shall rely with confidence on the liberal and candid support of the House."

DECEMBER 3.

Mr. Thomas offered the following resolution:

Resolved, That a committee be appointed to enquire whether any and what amendments are necessary to be made in the acts establishing a post office and post roads, and to report by bill or otherwise.

Agreed to, and referred to the committee on post offices and post roads.

On motion of Mr. J. Clay,

Resolved, That the committee on post offices and post roads be instructed to enquire whether any and what abuse exists of the privilege of franking letters, and to report such provision as in their opinion will tend to remedy the same.

Committees appointed by the House of Representatives.

Committee of Ways and Means—Messrs. J. Randolph, Nicholson, J. Clay, Quincy, Meriwether, Dickson and Mosely.

Committee of Commerce and Manufactures—Messrs. Crowninshield, Macon, Leib, Early, Dana, Newton and Mumford.

Committee of Claims—Messrs. J. C. Smith, Holmes, Bedinger, Stanford, Stanton, P. N. Moore and Thomas Moore.

Committee of Elections—Messrs. Findley, Elmer, Eppes, Chittenden, Schureman, Bidwell and Ellis.

Committee of Revisal and Unfinished Business—Messrs. Tenney, Alston and Claiborne.

Committee to prepare Standing Rules and Orders—Messrs. Varnum, Dawson, Talmadge, Gregg and Holland.

Committee on Post-Offices and Post-Roads—Messrs. Thomas, R. Whitehill, Betton, Cook, Elliot, Knight, Sturges, Covington, Clopton, Sandford, M. Williams, Rhea (of Ten.) D. R. Williams, Mead, Jer. Morrow, Southard and Lewis.

Committee of Accounts—Messrs. Conrad, Davenport and Cutts.

Committee to wait on the President at opening of Session—Messrs J. Randolph, Davenport and Cutts.

WEDNESDAY, DECEMBER 4.

A memorial was presented praying that provision may be made for a small light house on Sandy Point.

Referred to the Committee of Commerce and Manufactures.

An engrossed bill making an appropriation of 250,000 dollars towards defraying the expences of the Navy during the year 1805, for which the previous appropriations had proved insufficient, was read a third time and passed without a division.

On motion of Mr. J. Randolph the House resolved itself into a committee of the whole on the state of the union.

General VARNUM in the chair.

Mr. J. Randolph offered the following resolutions:

1. Resolved, That so much of the Message of the President of the United States, as relates to the subject of quarantine and health laws, be referred to the Committee of Commerce and Manufactures.

2. Resolved, That so much of the Message of the President of the United States, as relates to the aggressions committed on our coasts by foreign armed vessels, to the defence of our ports and harbors, to the building of seventy four gun ships, and to the providing of arms and ammunition, be referred to a select committee.

3. Resolved, That so much of the Message of the President of the United States, as relates to the organisation and classification of the militia, and to the augmentation of our land forces, be referred to a select committee.

4. Resolved, That so much of the Message of the President of the United States, as relates to our naval peace establishment, be referred to a select committee.

Previous to a decision on these resolutions, Mr. Bidwell rose and said that it was his wish to offer an additional resolution relative to a subject not embraced in them.

The Chairman observed that the resolutions first offered must in point of order be first decided upon, after which the resolution alluded to could be received, or it might be read in argument while they were under consideration.

The foregoing resolutions were then severally read and agreed to without a division.

Mr. Nicholson said he would offer another resolution, the substance of which was not embraced in the resolutions submitted by his friend from Virginia—viz.:

Resolved, That so much of the Message of the President of the U. States, as relates to the conduct of the belligerent powers towards the United States, and to the unjustifiable construction lately given by some of them to the law of nations as it regards the rights of neutrals, be referred to the Committee of Ways and Means.

Mr. Bidwell said this resolution embraced in some measure his object; but as it did not exactly comport with it, he would take the liberty of reading, by way of argument, the resolution which he had prepared. Mr. B. then read the following resolution:

Resolved, That much of Message of the President of the United States, as relates to injuries done to us, as a neutral nation, by the interpolation of new, unjust and unacknowledged principles into the law of nations, be referred to a select committee, with instruction to enquire, in what respects, and to what extent, our neutral rights have thus been violated, and what legislative measures requires, to counteract such violations.

Mr. Bidwell remarked that this resolution went further than that offered by the gentleman from Maryland. So far as that resolution went it met his ideas. But he thought it ought to go further: and should it not be adopted by the committee, he would afterwards move the one he had just read. His reason for thinking the House ought to go further was this. We have been informed by the President that new principles have been interpolated by foreign powers into the law of nations. What these principles are is not stated, except in one instance. To what extent they have been carried, we are not informed. We have, it is true, out-door information on the subject; but not of such a nature as to justify our acting in our legislative capacity. These principles, as well as the injuries we have received were, in his opinion, a proper subject for the investigation of a committee.

Mr. Nicholson said he could not conceive in what the two resolutions differed except in language. They both embraced the same object. In one respect only they differed. While the resolution of the gentleman from Massachusetts referred the subject to a select committee, his own resolution referred it to the committee of Ways and Means. The investigation contemplated by the gentleman could be as well made by the Committee of Ways and Means, as by a select committee. Nor was it necessary for this purpose to give them any instructions. If the subject required investigation, it would be their duty to make it, and to lay the result of the investigation before the House. It would be allowed that it was a subject in which the revenue was most deeply interested. and as such properly the province of the Committee of Ways and Means. For his own part, Mr. Nicholson said, he could have no objection to the resolution of the gentleman from Massachusetts: but as his own resolution embraced the same object and went to the same extent, he perceived no reason against adopting it.

Mr. Quincy could not agree that the resolution offered by the gentleman from Maryland either embraced the same object, or went to the same length with that proposed by his colleague. He thought that offered by his colleague far preferable, as it was more extensive in its views. He was of opinion, that whatever committee was appointed should investigate the nature of the principles alluded to in the Message, as well as the measures referred to. The Committee of Ways and Means were not bound to make a special report on the subject; they might content themselves with a general one; and it might be necessary afterwards to appoint a new committee, to make the requisite investigation. Mr. Q. was the more anxious, as he thought it necessary that a complete investigation should be made in the House of the nature and extent of the principles referred to in the Message.

Mr. Elliot said he did not perfectly understand the gentleman from Maryland when he told them that the subject contemplated to be referred naturally and exclusively fell within the proper jurisdiction of the Committee of Ways and Means. It would be admitted on all hands that the subject was not only important, but likewise novel. Our attention is forcibly called in the Message to this as a subject of the first importance:

"New principles too have been interpolated into the law of nations founded neither in justice nor the usage or acknowledgment of nations. According to these a belligerent takes to itself a commerce with its own enemy. which it denies to a neutral, on the ground of its aiding that enemy in the war. But reason revolts at such an inconsistency, and the neutral having equal right with the belligerent to decide the question, the interests of our constituents, and the duty of maintaining the authority of reason, the only umpire between just nations, impose on us the obligation of providing an effectual and determined opposition to a doctrine so injurious to the rights of peaceable nations."

Our attention is called to the important point of new interpolations into the law of nations, or in other words, to the adoption by the government of one or more foreign powers of what is considered as a modification of the ancient laws of nations, as accommodating them to their wishes, and as introducing new principles which they wish to impose upon other nations. How a subject so important naturally and necessarily belongs to the Committee of Ways and Means it was impossible for him to say. But, says the gentleman, it is a question of revenue. How so? It may effect the revenue incidentally; but the question of revenue, from its comparative unimportance, is at once merged and lost in the more important question, whether we shall passively submit to the introduction of new principles to be imposed upon neutrals, by any government whatever. however powerful or extensive its influence. On this subject, Mr. Elliot said he thought, as it appeared by the Message the Executive thought, that it possessed great importance in itself. Nor did he conceive it possible to present any view more important than that taken by the resolution of the gentleman from Massachusetts. He acknowledged that the Committee of Ways and Means were fully competent to an investigation of the subject; in their ability to investigate it he had full confidence. But he thought they had sufficient business in their proper sphere to occupy their attention. For these reasons he hoped the resolution offered by the gentleman from Maryland would be rejected, and that submitted by the gentleman from Massachusetts substituted in its room.

Mr. Gregg thought the gentleman from Massachusetts would fully attain his object by offering a part of the resolution he had read as an amendment to the resolution before the House. The resolution of the gentleman embraced two distinct parts; the first regarded the objects to be enquired into, and the last instructed the committee how to act, The resolution of the gentleman from Maryland embraces the same object. The end therefore of the gentleman from Massachusetts would be fully gained by adding the instructive part of his own resolution to the resolution under discussion. As to the difference between a standing and select committee, it was not so important as it appeared to be to the gentleman from Vermont, The subject from its character naturally came before the Committee of Ways and Means; and it was understood that standing committees went through the business referred to them with more regularity the select committee.

Mr. Bidwell said that if gentlemen attentively considered the two resolutions, they would find that the resolution offered by the gentleman from Maryland did not go the same extent with the resolution which he had had the honor of proposing. The former referred to but one principle, and limited the subject to considerations connected with revenue. It appeared to him that from out-door information, it would be found that various principles had been assumed relative to the laws of nations to which we might not as a neutral nation choose to submit. It was true that the subject was connected with the revenue; so however, was every subject. Every subject, whether connected with a state of peace or war. would necessarily more or less affect the revenue. Though this was the case with this subject. it ought not to be considered as primarily connected with revenue. Under present circumstances we do not consider it principally as connected with finance, but with other subjects. Mr. Bidwell said he had no particular wishes with regard to the committee to be appointed in this instance: but he did wish the subject examined in more extensive views than was contemplated in the resolution.

Mr. Nicholson observed that the principal objection made to the resolution he had offered was that the Committee of Ways and Means were not bound to investigate the subject, and submit to the House the result of their investigation. Some gentlemen think it necessary that instructions should be given by the committee to insure such an investigation. Mr. Nicholson said that he had known instances within the course of the six past years in which a subject apparently simple had produced a voluminous report without any instruction of the House ; and he had known other instances in which a subject of great importance had been referred, on which there had been reported a simple resolution, which afterwards became the subject of argument within these walls. If in this case an investigation is desired there is no doubt but that the committee of ways and means can make it, and give the result to the House. He recollected some years ago a simple resolution was referred to a committee of which he had the honor to be chairman. They considered the subject as of vast importance, and thought it proper in their report to go at length into it. The report was made, and on it was predicated the extensive purchase of Louisiana. Yet, in this case, there were no instructions given. The committee notwithstanding thought it their duty to enquire into the subject; they accordingly did enquire, and made the report alluded to,

In every point of light in which the present subject could be viewed, it would be found to affect the revenue. There are various ways in which we may attack the belligerent nations. We may attack them by land or by sea. The preparations required for this purpose may not only sink our present revenue, but render it necessary to resort to the raising additional revenue. Should there be a non-importation act, which had been lately a subject of discussion-in the public prints, it would necessarily affect our revenue, and before it could be agreed to or acted on, it would be absolutely necessary for the committee of ways and means to enter into an investigation how the necessary revenue could be obtained. If we resort to the expedient of raising the duties on manufactured articles, he would ask if that were not a proper subject for the committee of ways and means. The measure could not but affect our revenue deeply, and would it not become necessary for the committee of ways and means to enquire to what extent the duties might be laid without producing the necessity of resorting to new taxes. But as the gentleman from Massachusetts was desirous of instructing the committee, he had no objection so to modify his resolution as to add to it the latter part of the resolution offered by him.

So modified the resolution was read from the Chair as follows:

5. Resolved, That so much of the message of the President of the U. S. as relates to the conduct of the belligerent powers towards the U. S. and to the unjustifiable construction lately given by some of them to the law of nations, as it regards the rights of neutral, be referred to the Committee of Ways and Means, with instruction to enquire in what respects, and to what extent our neutral rights have been violated, and what legislative measures the true interest of the U.S. requires to counteract such violations.

Mr. Bidwell enquired to what committee the defensive measures recommended by the President had been referred.

The Chairman replied to a select committee.

Mr. Bidwell said that subject appeared to him as much connected with the revenue, as principles which res
pected the law of nations. If that subject had been referred with propriety to a select committee, surely this might also, as it was not so necessarily connected with revenue as to make it the peculiar business of the Committee of Ways and Means.

Mr. Smilie remarked that it appeared that the ideas of both the gentlemen were incorporated in the resolution as it stood; and that the only subsisting difference was as to the committee. This was not of sufficient importance to occupy much of their time. The subject might most properly go to a commercial committee; but as he believed the Committee of Ways and Means perfectly competent, he should not object to the resolution.

The question was then taken on the resolution and passed in the affirmative, Ayes 56--Noes 42.

The committee rose and reported the resolutions, which the House immediately took into consideration.

The first, second, third and fourth were agreed to without a division; and the fifth--Ayes 57.

The second resolution was referred to Messrs. Dawson, N. Williams, Blount, E. Darby and Fisk.

The third resolution to Messrs. Varnum, Basset, Sturges, Lambert, Rea of Pen. Marion and Blake.

And the fourth to Messrs. Gregg, Garnett, Bidwell, Goldsborough, Hough, Wynns and Russel.

Agreeably to the order of yesterday, the House proceeded to the election of a Chaplain. Messrs. Wilmer, Laurie, Glendy and Gantt having been previously nominated, and Messrs. Macon, Varnum and Smith (of Connecticut) appointed tellers.

The ballots were counted and declared as follows:

In the whole 100 ballots.

For Mr. Glendy 46
Dr. Gantt 16
Mr. Laurie 32
Mr. Wilmer 6
No election.

On a second trial the ballots were,

For Mr. Glendy 70
Mr. Laurie 26
Mr. Wilmer 1
Mr. M'Cormick 1
Mr. Chalmers 1

Mr. Glendy is consequently elected Chaplain.

The Senate have made choice of Dr. Gantt as Chaplain on their part.

On motion of Mr. Lattimore, the memorial of the legislature of Mississippi, presented the last session, was referred to Messrs. T. M. Randolph, Lattimore, Smilie, Olin and Taggart.

On motion of Mr. Stanton, the petition of the inhabitants of Stonington and Westerly, in Connecticut, praying for the erection of a light house, was referred to the Committee of Commerce and Manufactures.

Mr. Lattimore presented a memorial from the legislature of the Mississippi territory, representing certain obstacles which had arisen to the legal proceedings of the land board of commissioners, and praying that the first instalment on certain lands may be received after the granting of certificates.

Mr. Lattimore likewise presented a petition from sundry inhabitants of the Mississippi territory, praying that the right of pre-emption may be extended to them for unappropriated lands on which they have settled.

Which memorial and petition were referred to the committee appointed on the preceding memorial of the legislature of the Mississippi territory.

THURSDAY, December 5.

Mr. John C. Smith observed that the House at their last session, had had before them a subject of considerable importance, which not having been then definitively acted upon, he thought it would be proper again to take into consideration. He therefore moved the following resolution:

Resolved, That a committee be appointed to enquire whether any, and, if any, what description of claims against the United States are barred by the statute of limitations, which in reason and justice ought to be provided for, and that said committee be authorised to report thereon by bill or otherwise.

This resolution was immediately considered, agreed to and referred to a committee of seventeen members.

A message was received from the Senate advising of their appointment of Mr. Gilman on their part on the committee of enrolment.--Whereupon the House appointed a committee on their part.

On motion of Mr. Conrad the following resolution was adopted:

Resolved, That the door keeper of this House be allowed the same sum, as has heretofore been allowed, for the purpose of employing men and horses to enable him to execute the duties of his office.

Mr. Leib moved the following resolution:

Resolved. That a committee be appointed to enquire whether any, and if any, what alterations ought to be made in the act to regulate and fix the compensation of the officers of the Senate and House of Representatives.

Mr. Leib said it would be recollected that at the end of every session heretofore, it had been usual to submit propositions for an extra allowance to the officers of the House. It was desirable that the compensation of the officers should be fixed. That they might be fixed, and that no similar proposition should be offered hereafter, was his reason for offering this resolution.

The House immediately took it up, agreed to it, and referred it to a committee of three members.

On motion of Mr. Lewis the petitions heretofore presented for and against a bridge across the Potomac at the city of Washington were referred to a committee of five members.
Our readers will remark that in several instances the members appointed on committees are not named. This unavoidably arises from the mode of procedure in the nomination of committees, which generally is not made by the Speaker until the ensuing day. In all cases of importance we shall give the names on a subsequent day, when not printed in the first sketch of proceedings.

With regard to the presentation of private petitions, our usual course will be to refrain from noticing them until we shall be able to have access to the Journals of the House; it being almost impossible correctly to catch the name from the mention of it in the House.

This will occasion a short delay, but it will insure accuracy.

The following are the members who compose the present CONGRESS.

SENATE OF THE UNITED STATES.

NEW-HAMPSHIRE.
* Nicholas Gilman,
William Plumer.

MASSACHUSETTS.
John Q. Adams,
Timothy Pickering.

VERMONT
Stephen R. Bradley,
Israel Smith.

RHODE-ISLAND.
* James Fenner,
Benjamin Howland.

CONNECTICUT.
Jas. Hillhouse,
Uriah Tracy.

NEW-YORK.
Samuel L. Mitchill,
John Smith.

NEW-JERSEY.
John Condit,
* Aaron Kitchell.

PENNSYLVANIA.
George Logan,
Samuel Maclay.

DELAWARE
Jas. A. Bayard,
Samuel White.

MARYLAND.
Samuel Smith,
Robert Wright.

VIRGINIA.
Wm. B. Giles,
Andrew Moore.

KENTUCKY.
* John Adair,
* Buckner Thruston.

NORTH-CAROLINA.
David Stone,
* James Turner.

SOUTH-CAROLINA.
John Gaillard,
Thomas Sumter

GEORGIA.
Abraham Baldwin,
James Jackson,

TENNESSEE
Joseph Anderson,
* Daniel Smith.

OHIO.
John Smith.
Thomas Worthington.

REPRESENTATIVES
Returned to serve in the Ninth Congress of the United States.

NEW-HAMPSHIRE.
Silas Betton,
Samuel Tenney,
* C. Ellis,
David Hough,
*T. W. Thompson.

MASSACHUSETTS.
Jacob Crowninshield,
Richard Cutts,
Ebenezer Seaver,
William Stedman,
Joseph B. Varnum,
Phanuel Bishop,
* Orchard Cook,
* Joseph Barker,
* Isaiah L. Green,
* Barnabas Bidwell,
*John Chandler,
Peleg Wadsworth,
Samuel Taggart,
Seth Hastings,
* Josiah Quincy,
* William Ely,
* Jeremiah Nelson.

VERMONT.
Gideon Olin,
James Elliot,
Martin Chittenden,
* James Fisk.

RHODE ISLAND.
Nehemiah Knight,
Joseph Stanton.

CONNECTICUT
John Cotton Smith,
Samuel W. Dana,
John Davenport, junr
Benjamin Talmadge,
* Jonathan O. Mosely.
* Timothy Pitkin, junr.
* Lewis B. Sturges.

NEW-YORK.
* John Blake, junr.
* Silas Halsey,
Henry W. Livingston,
* Josiah Masters,
* John Russell,
* Peter Sailly,
Thomas Sammons,
* Martin G. Schuneman,
David Thomas,
* Uri Tracy
Philip Van Cortlandt.
Killian K. Van Rensselaer,
Daniel C. Verplanck,
*Eliphalet Wickes,
* Nathan Williams,
* Gurdon S. Mumford,
George Clinton, junr.

NEW-JERSEY.
Henry Southard,
Ebenezer Elmer,
* John Lambert,
William Helms,
James Sloan,
* Ezra Darby.

PENNSYLVANIA
Joseph Clay,
Michael Leib,
Andrew Gregg,
John Rea,
David Bard,
* Christian Lower,
John Whitehill,
Isaac Anderson,
* John Hamilton,
John Smilie,
Jacob Richards,
* James Kelly,
William Findley,
* John Pugh,
Frederick Conrad,
Robert Brown,
* Robert Whitehill,
* Samuel Smith.

DELAWARE.
* James M. Broom.

MARYLAND.
Joseph H. Nicholson,
Nicholas R. Moore,
William M'Creery,
* Patrick Magruder,
Roger Nelson,
* Leonard Covington,
John Archer,
John Campbell,
* Charles Goldsborough

VIRGINIA.
Joseph Lewis, junr.
John Smith,
* John Claiborne,
Thomas Newton, junr
John Randolph,
Thomas M. Randolph,
John Clopton,
John Dawson,
Alexander Wilson,
Matthew Clay,
Edwin Gray,
Peterson Goodwyn,
Abram Trigg,
Christopher Clark,
* John Morrow,
John W. Eppes,
David Holmes,
Walter Jones,
Philip R. Thompson,
* James M. Garnett,
* Burwell Basset,
John G. Jackson.

KENTUCKY.
George M. Bibb,
Matthew Lyon,
Matthew Walton,
John Boyle,
John Fowler,
Thomas Sanford.

NORTH-CAROLINA
Nathaniel Macon,
William Blackledge,
James Holland.
Richard Stanford,
Thomas Wynns,
Marmaduke Williams,
Joseph Winston,
Willis Alston, junr.
* Thomas Blount,
* Duncan McFarland,
Nathaniel Alexander,
* Thomas Kenan.

SOUTH-CAROLINA
* Robert Marion,
William Butler,
* David R. Williams,
* O'Brien Smith,
Richard Winn,
Levi Casey,
Thomas Moore,
* Elias Earle.

GEORGIA.
Peter Early,
Joseph Bryan,
* Cowles Mead,
David Meriwether.

TENNESSEE.
George W. Campbell,
William Dickson,
John Rhea.

OHIO.
Jeremiah Morrow.

Those marked (*) thus, are new members.