The New Hampshire Gazette

SIXTH
Congress of the U. States.

HOUSE OF REPRESENTATIVES.

Tuesday, Feb. 18.

An engrossed bill, entitled "An Act to extend the time of payment of bonds given for duties of import in certain cases," was read and passed.

Mr. Champlin presented a petition from several ship owners of the ports of Warren and Bristol, Rhode Island, stating that a petition heretofore presented to the House respecting some merchants of those ports, praying the establishment of a new port of entry and district, would be injurious to a great majority of the mercantile interest there, as well as to the revenue, and therefore they prayed it might not be granted.

Referred to the committee of commerce.

The third reading of the Bankrupt bill was further postponed in order to take up the French non-intercourse bill. The House went into committee thereupon.

Mr. Waln moved an amendment to the bill, so that persons resident in Europe only, who owned, hired or employed foreign vessels, should obtain a clearance to any port of the French Republic or its dependencies. His wish was to prevent it being done by persons residing in the West-Indies or elsewhere except in Europe.

This motion caused some debate. Mr. Harper at length superseded that motion, by one to strike out part of the section, so as to prevent the intercourse being carried on by neutrals in any manner whatever. This, he said, was truly consistent with the spirit of the act, which was to suspend the intercourse altogether. Some debate ensued on this motion, which was at length negatived 48 to 41.

Mr. Randolph moved to strike out of the third section the words 'in bills of exchange or in money or bullion,' so that vessels which should be driven into a French port by distress of weather or other casualty, might receive compensation for his cargo in produce or merchandize.

WEDNESDAY, Feb. 19.

Mr. D. Foster, from the committee of claims, to whom were referred the petition of Moses Gill, Esq. who prayed for the payment of $8400 dollars of loan office certificates, and interest thereon, issued by the State of Georgia, which had been rejected at the Treasury as not constituting a claim against the U. States a report from the Secretary of the Treasury on the subject, is submitted to the consideration of the House, with which the committee express an opinion, it would be proper for the House to concur, and that it would not be expedient for the United States to assume the payment of said certificates.

The report of the committee, and of the Secretary of the Treasury, were committed to a committee of the whole House for Monday next.

The third reading of the Bankrupt bill was further postponed till to-morrow—and

The House took into consideration the report of the committee of the whole on the bill further to suspend the Commercial Intercourse between the United States and France and the dependencies thereof.

The following section was reported to be struck out by the committee, viz.

Sec. 7. And be it further enacted, That the whole of the island of Hispaniola shall, for the purposes of this act, be considered as a dependency of the French Republic. Provided, that nothing herein contained shall be deemed to repeal or annul in any part, the order or proclamation of the President of the United States, heretofore issued for permitting commercial intercourse with certain ports of that island.

Upon the question for concurring with the committee in striking out the section, there were ayes 42, noes 48 and the section consequently retained.

The question upon the salary to be allowed the consul or public agent of the United States, residing in any such port, who is restricted from trade, was then taken, and 3000 dollars agreed to, 50 members rising in favor of it.

Mr. Waln then introduced an amendment he yesterday proposed. The second section begins thus: That excepting for foreign ships or vessels owned, hired or employed by persons permanently residing in foreign countries and without the limits of the United States, and commanded and wholly navigated by foreigners, no clearance for a foreign voyage shall be granted to any ship or vessel, &c. without a bond be given that it shall not enter a French port.

The motion was to strike out the above words printed in Italics, and to insert in lieu thereof the word Europe."

The question on this motion was taken by yeas and nays, and carried, 50 to 46.

Several other amendments, but of less importance, were likewise adopted. The bill is restricted in its continuance to the 3d of March 1801.

It was then ordered to be engrossed for a third reading to-morrow.

Thursday, Feb. 20.

Mr. Thacher presented a petition of Samuel Haley, praying remuneration of expense for building a harbour--which was committed to the Secretary of the Treasury.

JONATHAN ROBBINS.

Mr. Livingston laid the following Resolutions on the table:--

"Resolved, That it appears to the House, that a person calling himself Jonathan Robbins, and claiming to be a citizen of the United States, impressed on board a British ship of war, was committed for trial in one of the courts of the United States for the alleged crime of piracy and murder committed on the high seas, on board the British frigate Hermione. That a requisition being subsequent to such commitment, made by the British minister to the executive of the United States for the delivery of the said person (under the name of Thomas Nash) as a fugitive under the 27th article of the treaty with Great-Britain. The President of the United States did, by a letter written from the department of state to the Judge who committed the said person for trial, officially, declare his opinion to the said Judge that he "considered an offence committed on board a public ship of war on the high seas to have been committed within the jurisdiction of the nation to whom the ship belongs," and in consequence of such opinion and instruction did advise and request the said Judge to deliver up the person so claimed to the agent of Great-Britain, who should appear to receive him, provided only that the Stipulated evidence of his criminality should be produced. That in compliance with such advice and request of the President of the United States, the said person so committed for trial, was by the Judge of the district of South-Carolina, without any presentment or trial by jury, or any investigation of his claim to be a citizen of the United States, delivered up to an officer of his Britannic Majesty, and afterwards tried by a court martial and executed on a charge of mutiny and murder.

Resolved, That inasmuch as the Constitution of the United States declares that the Judiciary power shall extend to all questions arising under the Constitution, Laws and Treaties of the United States, and to all cases of admiralty and maritime jurisdiction, and also that the trial of all crimes (except in cases of impeachment) shall be by jury; and such trial shall be held in the state where such crime shall have been committed, but when not committed within any state, then, at such place or places as Congress may by law have directed: and inasmuch as it is directed by law, that the offence of murder committed on the high seas shall be deemed to be piracy and murder, and that "the trial of all crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may be first brought." Therefore the several questions, Whether the said alleged crime of piracy and murder was committed within the exclusive jurisdiction of Great-Britain: Whether it comes within the purview of the said twenty-seventh article; and whether a person stating that he was an-American citizen, and had committed the act in which he was accused in attempting to regain his liberty from illegal imprisonment, ought to be delivered up, without any investigation of his claim to citizenship, An enquiry into the facts alleged in his defence—are all matters exclusive of judicial enquiry, as arising from treaties, laws, constitutional provisions, and cases of Admiralty and maritime jurisdiction. That the decision of those questions by the President of the United States against the jurisdiction of the courts of the United States, in a case where those courts had already assumed and exercised jurisdiction; and his advice and request to the judge of the district court, that the person thus charged should be delivered up, provided only, such evidence of his criminality should be produced as would justify his apprehension and commitment for trial, are a dangerous interference of the executive with judicial decisions; and that the compliance with such advice and request on the part of the Judge of the district court of South-Carolina, is a sacrifice of the constitutional independence of the judicial power, and exposes the administration thereof to suspicion and reproach.

The question of reference to a committee of the whole was taken and carried.—Ayes 55.

The NON-INTERCOURSE BILL, Passed to be enacted. Mr. Randolph called for the Yeas and Nays.—Messrs. Macon, Eggleston and Nicholas, spoke against the passing of the Bill; and Messrs. Marshall and Gallatin, in favour of it.—It passed, Yeas 68, Nays 28.

The President informed the House he had approved of the Enlistment Suspension Act.

FRIDAY, FEB. 21.

THE BANKRUPT BILL Was read a third time, and the question for its passing was called.—Several preparatory motions were made, and the bill passed as follows:

AFFIRMATIVE—Messrs. Baer, Bartlett, Bayard, Bird, Brace, J. Brown, Champlin, Cooper, Craik, Dana, F. Davenport, Dent, Dickson, Edmonds, Evans, A. Foster, Glenn, C. Goodrich, E. Goodrich, Gordon, Griswold, Harper, Hartley, Henderson, Imlay, Kittera, H. Lee, S. Lee, Livingston, Marshall, Morris, Nott, Otis, Pinckney, Powell, Reed, Rutledge, Sewall, Sheafe, Shepard, Smith, Thacher, J. Thomas, R. Thomas, Wadsworth, Waln, L. Williams, Woods—43.

NEGATIVE—Messrs. Alton, Bailey, Bishop, R. Brown, Cabell, Christie, Clay, Condit, Davis, Dawson, Eggleston, Elmendorf, D. Foster, Fowler, Gallatin, Goode, Gray, Gregg, Grove, Hanna, Heister, Hill, Holmes, Jackson, Jones, Kitchel, Leib, Lyman, Lyon, Lynn, Macon, Muhlenberg, New, Nicholas, Page, Randolph, Smilie, Spaight, Stanford, Stone, Sumter, Taliaferro, Thompson, A. Trigg, J. Trigg, Van Cortlandt, Varnum, R. Williams—48.

Mr. Speaker declared himself in the Affirmative, and the bill was Passed.

WAYS AND MEANS. Mr. Harper, from the Committee of Ways and Means, made a statement; of which the following is a summary:

The amount of necessary Supplies for the present year, as estimated 5,393,034.

Deduct one million, on account of suspension of further enlistments. 2,000,000

Add to this a suspension of building the six 74 gun ships for the present year which the committee conceive it expedient to do 600,000

1,600,000

Leaves a sum to be provided for in the present year, 3,793,034

To meet this expenditure, the receipts of the present year were estimated at 8,301,858.51

Deduct the revenue from the aforesaid expenditure, would leave a sum to be provided for above the revenue of the present year 4,491,775.60

There remained in the Treasury of the last year's appropriation 2,159,371

But as a part of this would be wanted for contracts yet remaining due, and not more than one million would be left on hand towards this year's expenditure which deducted 1,000,000

Would leave a balance to be procured, over and above the revenue of 3,491,775.60

The Committee reported that they had turned their attention to the object of revenue, but had not decided as to their report, and therefore they thought proper to submit a resolution to the House to authorize the President to procure by loan for the services of the present year the sum of 3,500,000 dollars, at such rates as he may find most for the interest of the United States.

The report was ordered to be printed and referred to a Committee of the whole House.

MONDAY, FEB. 24. An engrossed bill entitled, "an act to allow drawbacks of duty on goods exported to New-Orleans, and therein to amend the act for the collection of duties on imports and tonnage," was read and passed.

Mr. Dana reported a Bill to provide for the execution of the 27th article of the treaty of Amity, Commerce and Navigation made with Great Britain, which was twice read and referred to a committee of the whole house for to-morrow.

Mr. Smith, from the committee of Commerce made a report on a petition from the merchants of Bristol, Warren and Barrington, the report was that it is inexpedient at this time to grant the prayer of the petition, and that they have leave to withdraw the same.

The House took up and concurred in the report.

Mr. Harper, chairman of the committee of ways and means, to whom were referred the amendments proposed by the Senate to the bill "providing for the enumeration of the inhabitants of the United States," reported their concurrence with the amendments proposed.

The house resolved itself into committee on the bill to continue in force an act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein, and for other purposes therein mentioned.

In the committee of the whole it was agreed to fill the blanks of the years and nays which this act continues the former in force, with ten. The committee rose and reported the amendment.

Mr. Gallatin thought it would be proper for Congress to examine into this subject before they proceeded too far to know whether it was an object worthy of notice or not, and farther to bring it into some proportion, to the tax on salt, the additional duty on which was prescribed to about two years from this time.

Mr. Sewall thought there was a necessity of giving this time to the law in order to remove the discouragements under which fishermen had laboured, and which alone could encourage the trade to be carried on to an extent, because this law was meant to operate as a bounty, but he did not think the amount now paid as a bounty was equal to the single duty on salt.

Several gentlemen spoke on this subject, at length the amendment was carried 40 to 26, and the bill was ordered to be engrossed for a third reading.

Adjourned.

TUESDAY, FEB. 25. The bill intituled " an act to continue in force an act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein, and for other purposes as therein mentioned," was read a third time, and upon the question shall this bill pass?

Mr. Macon opposed it, on the ground that no peculiar favor should be granted on the exportation of one article of provision more than another—and Mr. Smith advocated it, as forming a nursery for our seamen; and replied generally to the observations of Mr. M. when the question on passing the bill was taken and carried, ayes 51.

Mr. Otis presented a petition of Gilbert Dench, which having been read, he moved to refer to the committee of claims.

Mr. D. Foster opposed the reference, and the motion was negatived, only 26 voting for it.

WEDNESDAY, FEB. 26. Mr. Otis again called to the consideration of the House the petition of Gilbert Dench, which was yesterday refused a reference to. the committee of claims; he stated the claim in strong colours, and added that new evidences were to be exhibited, on which account he moved its reference to a select committee.

A reconsideration was moved by Mr. Kitchell, and the petition was referred to the committee of claims.

Senate of the United States. Wednesday, Feb. 26. A motion was made that it be Resolved, That the committee of privileges be, and that they are hereby directed to inquire, who is the Editor of the newspaper printed in the city of Philadelphia, called the General Advertiser, or Aurora, and by what means the Editor became possessed of a copy of a bill prescribing the mode of deciding disputed elections of President and Vice President of the United States, which was printed in the aforesaid newspaper, published on Wednesday morning, the 10th of February instant, and by what authority he published the same; and by what authority the Editor published in the same paper that the honorable Mr. Pinckney, a Senator from South-Carolina, and a member of the committee who brought before the Senate the bill aforesaid, had never been con-