Mr. CLAIBORNE said: A worthy gentleman from Maryland, the other day,

suggested an amendment to the proposition now before you, which I

understood to contemplate the increase of some salaries; and, if that

gentleman can reconcile it to himself and his constituents, let him move

and carry it, if he can. For my part, I am pleased with the proposition

as it is, and yet it may have great imperfections. It is very common for

fond parents to be blind to the imperfections of their own offspring;

and, as this is a production of my own, it is probable that I may be

under the same delusive prejudices, but I hope that cheerful

acquiescence which I have always shown to the majority, has sufficiently

evinced that I am no bigot to my own opinions. I said, the other day,

that I was determined, if the proposition must die, it should be by

assassination; but as, in this, a degree of guilt is implied, and might

be attended with serious consequences to those concerned in it, I

should be satisfied to give it a fair trial, and, if it must die, that

it may be by legal and fair adjudication, or, in other words, after full

and fair discussion of its merits.

We now have fairly before us a proposition that contemplates a redress

of these grievances, which, since the adoption of the present form of

Government, have been a subject of grievous complaint and heartburning

amongst citizens of the United States. Many of them, and, I believe, a

very great majority, conceive that the exorbitant salaries established

to the Legislative, Executive, Judiciary, and their assistants, are not

consistent with, or can possibly contribute to the existence or

well-being of a Republican Government, which, in its nature, holds out

the idea of equality and justice, but which, in the present mode of

administration, cannot fail to have a direct opposite tendency, inasmuch

as the very profuse salaries that all who have the good fortune to get

places under the pay and influence of the present Administration, if

they make a prudent use of them, must ultimately enrich and place them

in a situation so far above the vast bulk of the citizens, whose

industrious fingers are not permitted a single dip into those very

coffers which have been swelled by filching a little from that

hard-gotten pittance already far inadequate to the necessary but very

ordinary subsistence of their families, as at last to endanger the very

existence or shadow of this glorious and dear-bought Government, that

has already raised the drooping and once-dejected heads of the poor

American citizens, who now glory more in having thrown off that

subordination that was assumed and exercised over them under the late

detestable Monarchical Government, by their rulers, or public officers,

than even in their lives and fortunes. Men begin to know the inherent

rights of human nature. They have dipped into and tasted a little of the

sweets of political regeneration, and, amongst all classes of your

citizens, you may discover a zeal that amounts to enthusiasm, that lives

and burns and grows almost to a prodigy. Instances are not wanting, sir,

to evince that thousands of those who were not fond of this Government

at its adoption, are now, on all occasions, ready to step forth in its

support, and the laws that are passed consistent therewith. But this

does, by no means, argue that they will submit for ever to repeated

abuses of the Government, which may ultimately tend to its overthrow;

and exorbitant salaries, with other profuse appropriations of the public

money, at a time when the nation is groaning under an immense weight of

foreign and domestic debt, which (calculating upon the blessings of

peace, and of course, a very increasing revenue, not reasonably to be

calculated on so long a time,) it is agreed on all hands will take a

term not less than thirty-two years to extinguish. Here I shall again be

told, that the price of house-rent, and every other necessary of life,

has increased, and may continue to increase, so as to drive all your

officers out of your service. To this I beg leave to answer, that, if

you continue such high salaries, or increase them, as in some instances

it is asked, and because of the present enhanced price of the

necessaries of life, I think the evil will increase in proportion to the

immense sum of money that you throw into circulation, for a redundancy

of that, or any thing else, will always diminish the value; and, if the

present custom of disbursing the public money is persisted in, the whole

wealth of the United States must shortly centre in and about

Philadelphia! But, sir, by the adoption of public economy, we may

shortly become able to obviate this great evil, and make our

disbursements more diffusive, by paying out money to those who have

demands upon your justice, distributed over the United States, if any

but those who reside around the seat of Government have any demand upon

your justice or goodness. I am apprised that the proposition is a very

unpopular one here, and that many will perhaps knit their brows at me;

but, sir, when I entered into public life, it was without any cringing

views. I meant not to court smiles, or fear frowns, and I had no doubt

but I should meet my share of both. When I gain the former by proper

conduct, I have pleasure in it; when the latter by improper conduct, I

am sorry for it. But it will be much to be lamented if ever we see the

day when the people shall be suffered to complain from year to year of

any grievance, and their Representatives shall be ashamed, or afraid, to

make those grievances known, or ask redress, lest they be laughed out of

countenance, or lose favor at Court. But so hardy am I, if you prefer

that expression, that, while I have the honor of a seat in this House,

none of those considerations shall ever deter me from stepping forth in

their behalf; but, be the result of this proposition what it may, I now

warn you against evils that _may_ come, as you have been heretofore

warned of evils that _have_ come, for the obligations of power and

submission are reciprocal. It is as much your duty to pass wholesome

laws, as it is the duty of the people to obey them. And now, having done

my duty, I shall take my seat, content to abide the result, but hope a

committee will be appointed.

Mr. NICHOLAS declared that he would be very willing to vote for the

appointment of such a committee, if he could see any good purpose to be

derived from it, or if the gentleman who laid the resolution on the

table could give him any information that tended to prove its

expediency. For his own part he had but a small family, and of that he

had left one-half behind him in Virginia, yet he found that his

allowance as a member of the Legislature was barely sufficient for

supporting this half of his family, though he lived with as much economy

as he ever had done in his life. He was certain that he should not take

one shilling of public money home with him to Virginia. He requested

gentlemen to remember that it was not the present Congress who had given

six dollars per day to themselves, but that it had been fixed by their

predecessors, and fixed at a time when living was fifty per cent.

cheaper than it is now.

Mr. BOUDINOT observed, that he should not have troubled the committee on

this question, had it not been for several considerations particularly

applicable to himself. He was as impartial on the present debate as any

member on the floor. After the close of this session of Congress, he

never expected to receive a farthing of public money again, and

therefore no interest of his own could sway his judgment improperly to

object against the resolution on the table. He had been among the number

of those members who originally were for fixing the compensation of

members of Congress at a less sum than six dollars; not because he

thought it beyond the amount of their expenses, but, from an idea of the

then deranged state of the finances, and that, if sacrifices were to be

made, they should begin with this House. He appealed to his uniform

conduct for six years past, to prove that he had always opposed an

increase of salaries or other public expenses, when the interest of the

Union did not require it. He did not doubt that the gentleman who

brought forward this resolution thought he was doing his duty in

advocating it; and Mr. B. thought it was equally the duty of the

committee to be convinced that they were not wasting their time in

unnecessarily proceeding in business, without having some foundation for

rational inquiry.

Mr. B. did not doubt but there were uninformed individuals, who might

object to six dollars per day; but he was confident that the

well-informed among the citizens of the United States, and those who

reflected on the subject, would think (at the present day at least) it

was not more than would barely pay the reasonable expenses of gentlemen

who attended to their duty here in a proper manner. Almost every article

of consumption was from twenty to thirty per cent. higher now than it

was at the commencement of the Government.

The Constitution of the United States, as the act of the people and the

public voice, contemplated a compensation to the members of Congress.

Did not this mean something more than the bare discharge of their

expenses? Yet Congress had not gone beyond it.

When Congress sat at New York, Mr. B. said that he was in a situation

more favorable in point of expense than any gentleman on the floor, who

did not reside in that city. He boarded with a near relation, and was in

a manner in his own family; and, although he paid the usual price of

boarding as at other places, yet there were a thousand nameless small

articles which saved him many advances. He was within sixteen miles of

his own family, from whence he received many things that prevented his

laying out money. During three sessions, he kept an exact and faithful

account of his expenditures, and, at the end of that time, the balance

was but 43s. 4d.; but on which side of the question his memory did not

allow him to say. At present, he was also under very peculiar

advantages, yet he was confident that, at the end of the session, he

should not have any balance in his favor from his compensation as a

member. Mr. B. appealed to every gentleman's own knowledge, and

particularly to the gentleman who made the motion, if he thought that

what he received would more than pay his expenses.

Gentlemen were often crying out against an Aristocracy in this country;

yet measures of this kind tended to establish one, by reducing the

compensation of members, so that no citizen but the rich and affluent

could attend as a Representative in Congress. This certainly was the

most effectual way of bringing about a dangerous Aristocracy in the

United States. Should not men of abilities, though in the middle walks

of life, be encouraged to come forward and yield their services to their

country, without being dependent on any person or set of men whatever?

Is it not sufficient that their time and talents are given to the

public? Must they pay their expenses too?

Mr. B. was aware that the resolution proposed related to the officers of

Government as well as members of Congress, but he had confined his

remarks to the last, as the part of the subject he was best acquainted

with. He begged gentlemen to look around and point out the public

officer who received more than a reasonable reward for his services.

Professional men, of the first abilities, were absolutely necessary to

carry on the public business; and could any one, fit for his office, be

shown who could not do full as well, if not much better, in the exercise

of his profession in private life than he did in the public service, if

pecuniary matters were his only object? In short, (Mr. B. said,) this

House was placed between Scylla and Charybdis. The public officers were

complaining, and even resigning, for want of sufficient compensation for

their services; on the other hand, an attempt was now made to reduce

their salaries still lower, on the supposed clamors of the people. Mr.

B. did not believe they could be denominated those of the people;

neither did he see any evidence of the fact. He did not consider the

complaints of a few individuals as the public voice. Ought not the

gentlemen to come forward with some kind of calculations or estimates to

have shown that certain salaries were too high, or more than the

services performed were entitled to? This had not been done; but the

committee were urged, at this important moment, to proceed to an

inquiry, which every gentleman on the floor already knew as well as he

could do by the most labored investigation. He therefore concluded that,

to agree to the resolution, would be a waste of the short time that yet

remained of the session, and an unwise measure. Mr. B. would have

contented himself with joining the committee in a silent vote on this

subject, but he thought the observations made in support of the measure

ought to receive some answer, if not to convince the committee, yet to

satisfy their constituents that there could exist no necessity for a

present inquiry of this nature.

Mr. W. SMITH said, that the resolution was, in its present shape, so

extremely vague, that one did not know how to give it a definition or a

vote. Different objects were lumped together. If, by an inquiry, the

gentleman meant to examine into the wages of members of this House, it

was quite needless to appoint a committee, because every member can at

this moment speak for himself. But Mr. S. did not consider the present

time as the most proper for beginning to reduce salaries, when, within

the last twelve months, there had been three resignations, viz: the

Secretary of State, the Secretary of War, and the Secretary of the

Treasury, and all chiefly for one reason, the smallness of the salary. I

have no doubt (said Mr. S.) of there being complaints, and, if the

salary was reduced to three dollars per day, there would be still

complaints, as we see is the case with the members of the Legislature of

Pennsylvania. He only wished that the committee would rise, and he

should then vote in the House that they might not have leave to sit

again. The mover of this resolution had mentioned the danger of meeting

with reproaches from the people, who thought their salaries too high.

Mr. S. saw very little in this matter, because the people who railed at

the salary of six dollars per day, were only anxious to get in

themselves, and embraced this topic as an expedient of ousting those

members whom they wanted to succeed.

Mr. GOODHUE wished to ask Mr. CLAIBORNE one question, "Whether he found

himself growing rich?"

Mr. SEDGWICK saw no occasion for rising, because the committee were

perfectly competent at this moment to determine the question.

Mr. RUTHERFORD was for reducing the salaries by one dollar per day, and

one dollar every twenty-five miles that the members had to travel. This

would be a reduction of one hundred dollars per day, which would be much

better bestowed upon the innocent widow of the veteran, who had fallen

in the service of his country.

Mr. PAGE said, that he did not think the resolution, as it was worded,

was a proper subject for discussion in that place; for the House, and

not a committee, could properly resolve that committees should be

appointed. However, as the resolution had been submitted by the House to

the consideration of the Committee of the Whole, it must be examined;

but, as to the object of it, that he thought was more properly before

the committee, as proposed by the resolution; for, as I have remarked on

other occasions, if, instead of discussing a question fully, and

collecting the sense of all the members in a Committee of the Whole, it

be referred to a committee of one member from each State, that committee

might be unanimous in favor of a resolution, against which, eighteen

members for Virginia, and a proportionate number from other States,

might vote; or, by the weight of that committee, the resolution might be

carried, which could not have passed had it been fully and freely

discussed in the House. Here, then, my colleague's question should be

examined, as I cannot say (as has been said by one of them) that I had

no hand in fixing the salaries and pay of the officers of Government and

members of Congress, having actually voted at New York for them as they

now stand. I think I may, with propriety, give my opinion respecting it.

And I am clearly of opinion, sir, that the question arises from a

misapprehension of the subject to which it is applied; for there cannot

be a greater mistake than to suppose that parsimony in a Republic is

necessary to its support. A certain degree of economy is so; but

parsimony, applied to the salaries of public officers, and the

Representatives in particular, may be ruinous to the interests of a

Republic. Should the salaries be so low that men of small fortunes

cannot afford to serve their country, it must be deprived of their

assistance, and we must accept of the services of the rich, who, to have

their wills, though low, will serve even without pay; or, the State will

be served by artful demagogues, by ready, designing men, who may, in

pursuit of profit as well as popularity, cut out places for themselves

and friends, producing at length confusion and anarchy, or, at least,

such a bungling system of legislation as will cost more time and money

to rectify their blunders than the most extravagant salaries could

amount to. What true Republican could wish to exclude from a seat in

Congress a physician, lawyer, merchant, farmer, or any other person

possessed of such well-known abilities and virtues as to attract the

attention and respect of a district which might wish to intrust its

interests to him as a Representative? Or, rather, who ought not to

desire that, as all offices are open to all, that the son of the poorest

citizen might be enabled, if qualified to fill a seat here or elsewhere,

to do it without sacrificing his private interest? Is it reasonable to

expect that men should sacrifice domestic ease and the interests of

their families to serve their country? It is not just to require it.

Human nature, except on great and trying occasions, cannot obey such a

requisition. My colleague says that he is not a man of fortune; but, has

he not a profession by which he can make more than by his attendance on

this House? If not, he has not a right to require such a sacrifice of

any other person's time and talents. The constitution, far from

requiring any thing like it, demands that compensation shall be made for

all services; and who will desire less for services than a mere

subsistence for a person whilst actually employed in such service? I am

sure that less than the present pay of members of Congress would not, in

their present situation, be a subsistence. I recollect that, when the

House of Representatives were debating, in the first session, at New

York, whether their daily pay should be four, five, or six dollars, I

affirmed that the expenses of the members where I boarded required that

it should be six, that the State of Virginia having once allowed her

delegates to Congress eight dollars, and never less than six, when she

bore the whole expense, could not object to her Representatives

receiving that sum, when divided, as it was, amongst the States, and

spread out over the various duties and taxes of the United States. I

asked those, as I might ask my colleague now, who of our constituents

could calculate what he would save by any proposed reduction of our pay?

I have long suspected, sir, that Republics have lost more by parsimony

than they were aware of, and that a misapprehension of some practices in

ancient Republics has been artfully kept up, so as to favor Aristocracy

and Monarchy. The British Parliament has now no pay; but have they been

as independent as their countrymen wished them under the British

Government?

In reply to the member who had objected to the pay of the SPEAKER, and

the difference between the pay of members of the two Houses, Mr. P.

said, that whoever would consider the duty of the SPEAKER; his long

confinement to the chair; his painful attention to every word spoken in

the House, and his responsibility for the correctness of the

journals--an examination of which must take up much of his time--would

surely not think his pay too great. As to the difference between the pay

of a Senator and Representative, he had voted for it, from a belief that

a Senator having more services to perform than a Representative, had a

right to more pay. The Senate not only have to originate bills as this

House has, and to revise and amend bills sent from hence, and often to

correct the careless errors they contain, but to make themselves

acquainted with the law of nations, and to be prepared to judge of

treaties; and also of offences brought before them by impeachments. When

the Senators may have gone through the labors of a long session, and the

Representatives are returning home, they may be called upon to consider

certain nominations to offices, or certain treaties; and at another time

to try certain impeachments. Besides all this, the age of a Senator must

be such, by the constitution, that it is probable that his family is

larger, and his pursuits in life more fixed and profitable than those of

a Representative, who may be elected when only twenty-five, and

therefore his services must require higher compensation. As to the

PRESIDENT and VICE-PRESIDENT's salaries, I voted for a larger sum than

was allowed to either, and thought that the disproportion between them

was too great. With respect to the judges, I still think their salaries

too small, and so should every one think who will consider the vast

importance of their office; the labor of both mind and body which it

requires; the laborious course of study through which a man must have

gone to be qualified for it, and the lucrative employment such a one

must have given up to undertake it. In short, I do not recollect a

salary which I think too high. And I must repeat it, that I do not think

that large salaries in a Republic can injure it; but that small,

inadequate salaries may overturn a Republic.

I am sorry that the question has been brought before us respecting our

own pay this session, because the elections in Virginia are not over; it

would become us much better another session, if re-elected, to reduce

it, than to do so when we may be left out. Besides, if I vote for a

reduction, I may be suspected of courting popularity; and, if against

it, of despising the opinions of my constituents, if they have adopted

those which some members tell us prevail amongst their constituents. I

do not like to be in such a dilemma, nor to have my independence

unnecessarily tried. I wish, as the question is before us, that it may

be fully debated here, and even referred to the further consideration of

a select committee; because I think the opinions even of a single member

and his district should be treated with respect; and that when they have

been fairly proved to be founded in error, there will be an end of

complaints, and an acquiescence in the decision of this House.

Mr. GILLESPIE proposed an amendment, the scope of which was, that a

committee should be appointed to examine and report whether any and what

alterations were necessary in the act fixing salaries to the officers

under Government. He suggested this amendment from no motive whatever

but what was fair. There had been, and there still was, a degree of

clamor upon the subject, and it was the duty of the House to pay

attention to the voice of the public, whether right or wrong. If, upon

investigation, it should appear that the salaries were not higher than

they ought to be, then the report of the committee would be the best

method for stopping the public clamor.

Mr. CLAIBORNE hoped that the committee would not rise, but decide the

point. He trusted that no gentleman would again point at him, and say

that the motion came out of his brain. There was not one officer under

Government whom he would point out and say, that such an officer had too

high a salary. He had expectations that this discussion, by bringing

forward the observations of several gentlemen, would in some degree

satisfy the people, and that there would be no more pointing out with a

finger and saying, "_There goes a six-dollars-a-day man_."

Another member observed, that it was the duty of the House to attend to

the voice of their constituents, and for this reason, he should vote for

a committee. He would mention what he had always considered as a most

odious distinction, the additional dollar per day, which is to be paid

to the Senate from and after the 4th of March next. [The reader will

observe, that by the act, members of the Senate were to have seven

dollars per day, but the additional dollar was not to commence till the

lapse of six years,[58] when all the Senators of the first Congress had

gone out.] There was another thing for which he never could see any

reason, and that was the giving of the twelve dollars per day to the

SPEAKER.

Mr. GILES was perfectly convinced that the allowance to the members is

small enough already. The saving of a dollar per day suggested by Mr.

RUTHERFORD, would be but little, and it was beginning at the worst of

resources. The pay ought to be such as would bring persons of middling

circumstances into the House; persons neither too high in life nor too

low. If the pay was greatly reduced, none but very rich people could

afford to give their attendance, and if too high, a seat in the House

might be an object to persons of an opposite description. Formerly the

State of Virginia allowed eight dollars per day to the members of its

Legislature. This sum had since been reduced to six dollars. Mr. G.

mentioned this to show that in the practice of individual States, there

might be found a precedent for the allowance to members of Congress. He

was for voting directly. Mr. G. said, that there was a country from

which America had copied a great deal, and very often too much; a

country which still had a very pernicious influence in the United

States. The members of the British House of Commons received no wages,

while the officers of State had immense salaries. It was however

understood, that the British House of Commons were very well paid for

the trouble of their attendance. Mr. G. did not wish to see scenes of

that kind in this country.

Mr. HILLHOUSE hoped that the House would have done with this thing

immediately, as it had now answered all the purposes expected from it,

and he trusted that all motions of that sort which had an eye to certain

operations out of the House, would meet with the same fate.

The motion was negatived by a very great majority.

[Before the adjournment, the SPEAKER suggested to the House a

considerable inconvenience, occasioned by gentlemen being introduced,

and occupying such parts of the House without the bar as were

particularly allotted for the use of the House, and of which several

members complained. There was often so great a crowd that members could

scarce walk round when they had papers to present to the Chair. The

passage was often obstructed when messages were to be delivered, and

frequently there was no room left for the members when they wished to

confer privately with each other. As he did not conceive himself

authorized to give special directions without orders from the House, he

would take the liberty to suggest to the members of the House, when

introducing their friends, the propriety of placing them under the

galleries to the left of the Chair, and reserving the space to the

right of the Chair for the members of both branches of the Legislature,

the diplomatic gentlemen, judges, and other officers of Government;

which was generally acquiesced in.]

THURSDAY, January 29.

AARON KITCHELL, returned to serve in this House, as a member for the

State of New Jersey, in the room of Abraham Clark, deceased, appeared,

produced his credentials, and took his seat in the House; the oath to

support the Constitution of the United States being first administered

to him by Mr. SPEAKER, according to law.

_Thomas Person and others._[59]

The House then resolved itself into a Committee of the Whole, Mr. COBB

in the chair, to resume the consideration of the claims of Thomas Person

and others, to certain lands lying on the frontier of the State of North

Carolina, and ceded by the Commissioners of the United States to the

Indians.

Mr. GILLESPIE took up the subject in the same stage in which it stood

before he spoke the preceding day. He said, let us examine the conduct

of other States. Did not New York dispose of lands within her chartered

limits, and from the sales become wealthy, as she has large sums in the

funds? The State of Virginia took advantage of the purchase of Henderson

and Company, for that part now called Kentucky, although they now

exclaim that the purchase was unlawful; yet, unlawful as it was, it has

extinguished the Indian title to those lands. Now, if the purchase of

Henderson and Company had this effect on the north-east side of Walker's

line, which divides Kentucky from the South-west Territory, is it not

just that it should have the same effect on the south-west side, when

made by the same persons, on the self-same day? And surely the rights of

North Carolina must be at least equal to those of Kentucky, in every

thing except that of power. But is Congress going to legislate by

strength of arm? I hope not. It has been admitted, by some who have

spoken on the subject, that the citizens of North Carolina have a right

of redress by law, and by others, against her own Legislature. To the

first of these I ask, against whom is the suit to commence? Are our

citizens, thus bereft of their property, to be compelled to litigate

suits at law for property taken for public use, and for which they have

a just claim against the United States; or have they not an equal right

to compensation for that which the United States, by their agent, took

from them, as other citizens are entitled to, for property piratically

taken on the high seas, by the robbers of Britain? And do we, in the

last case, say to these unfortunate sufferers, commence suits against

those who have injured you? No. Government has taken the litigation in

hand, at her own cost. Let her do so with the citizens of North

Carolina. Or, will the Government of the United States support the claim

of the injured against her own Executive? Will they do it against the

State of North Carolina? They cannot; and from what has been said in

this matter, it is plain that, as the Government of the United States

has converted the property of the citizens of North Carolina to the uses

of her Government, compensation ought to be made out of the public

purse, as the contrary would, on her part, destroy that bond of union

between her, as the sovereign power of the United States, and her

citizens, and as not only bound to govern with justice, but also to

protect them from all manner of injury, as well domestic as foreign. Mr.

G. apologized, that he was without authority in the House, but would

pledge his reputation that what he should advance, if not verbatim,

should be in substance with the author quoted:

"It is admitted by many, that the sovereign authority

possesses a power, under the laws of eminent domain, to

alienate the property of the subject, for the benefit of

the Commonwealth, by impending public necessity against

private injury." But, without doubt, they "that have lost

or sacrificed their property to the public safety in such

extremity, ought to have satisfaction made, as far as

possible, by the Commonwealth. Any thing short of this

would destroy the reciprocity between the sovereign and

subject."--_Puffendorf_, _b._ 8, _c._ 5, § 7.

But can public necessity be urged in the present case to justify this

kind of political robbery? I answer, no. If the Indians are to be kept

in peace by bribes, why not, in this, as in other similar cases, by

presents and pecuniary rewards? Is it not an indignity to the United

States to purchase peace from an Indian nation, at the expense of a part

of her citizens, whose resources at best were scanty, and are, by this

and other speculations, almost annihilated? Surely it is. And, let me

add, is it not an invariable axiom with all authors on Government,

"That all sacrifices of property made by individuals for

the public benefit or accommodation, should or ought to be

paid out of the public revenue, and that one should not

bear more of the burden than another."--_Burlamaqui_, _b._

8, _c._ 5, § 27, 28.

Is it not, then, obvious to all, who will reflect on this subject, that

compensation is due to these individuals, whose property has been

wrested from them for Government purposes? The same author observes, in

the 38th section of the same chapter:

"That as no subject can assume any part of the sovereign

power without the consent of the whole, neither can any

sovereign authority deprive the subject of his right and

property, nor substitute another sovereign over him without

his consent."

The public is in nothing more essentially interested than in the

protection of every individual's private rights, as modelled by the

municipal law in this and similar cases. The Legislature can, and

frequently does interpose, and compel the individual to acquiesce. But

how does it interpose and compel? Not by stripping the individual of his

property in an arbitrary manner. No. But by giving him full and ample

indemnification for the injury sustained; for there must be an end of

all social commerce between man and man, unless private possessions be

secured from unjust invasions. Thus, the protection of a State, in every

precedent to be found in books that treat of the fundamental laws of

civil society, or in the resolutions and acts of the British Parliament,

means restitution, indemnity, or compensation. _Grotius_, when treating

of the right of the sovereign authority to give up or take the property

of the subject, calls it "restitution, satisfaction;" _Burlamaqui_,

"indemnity, and indemnifying the subject for the injury sustained;" and

_Vattel_, "recompense out of the public money." It is farther observed,

that cases of this kind operate, like property thrown into the sea to

save the ship, by making an estimate of the loss, and causing an equal

average on the property saved, which each owner is bound to pay. So

that, from the fullest conviction, I am of opinion the citizens of North

Carolina are entitled to the relief reported by the select committee,

and that strict justice requires we should comply with it; for, as I

have said, in nothing is the Government of the United States more

concerned, in a superlative degree, than in doing strict justice to her

citizens, as of the last importance in preserving the affections of the

people to the Government. Vacancies in our departments, civil, judicial,

or military, may be supplied as well, but to restore the confidence of a

people borne down with oppression, exceeds comprehension. It is like

attempting to return from the grave--is without precedent, and is vain

labor indeed. At different epochs it has shook the foundations of

monarchies, and caused tyrants to tremble and atone for their crimes

with their lives; and, as I said at an early stage of the debate, if

usurpers, tyrants, and despots have been compelled to do justice by this

undeniable law of nature, shall the Government of the United States,

founded on the pure principles of Democracy, be less just? Surely not.

Have we received a power to exercise in wantonly oppressing those who

gave it? God forbid! Therefore, let it ever be impressed on our minds,

that justice exalteth a nation. The House, I hope, will pardon my

detaining them, at a time when every moment is precious. But the duty I

owe to my injured constituents forbids silence, and will, I hope, be a

sufficient apology. I shall, therefore, submit to the judgment of the

House, not doubting but justice will be done.

Mr. NICHOLAS was satisfied that the purchasers of the lands had a claim

either against the United States or the State of North Carolina. Much

had been said about the Indian right; but the Indians never had been fit

to occupy these lands. It could never have been the design of nature

that these people should be termed the possessors of land which they

were incapable to enjoy. He was, upon the whole, on the side of the

claimants, though he enumerated some of the difficulties that would

attend an attempt to please all parties.

Mr. W. SMITH had found much difficulty in forming his opinion upon this

question. He had at first been somewhat disposed against the claimants,

but at last, after full deliberation, he was convinced of the justice of

giving them redress. He requested the particular attention and candor of

the House. The United States were, in this case, made a judge in their

own cause, and therefore it became more their duty to examine every part

of the subject with the more accuracy. Mr. S. then began a distinct

detail of the circumstances in the present dispute. Previous to the year

1776, North Carolina was a British Colony, and the British Crown

considered itself as entitled to bestow grants of territory. In that

year, North Carolina became a sovereign State, and consequently she

conceived herself as succeeding to the right of the British Crown, and

as having a right to bestow grants in the same way as the Kings of Great

Britain had done. This claim was asserted in her general Declaration of

Rights, and it was incorporated into her constitution. When North

Carolina entered into the Union, all the Legislative rights of the State

were preserved, and, by a necessary inference, her title to the lands

comprehended in her original charter. In 1783, the State opened an

office to sell the absolute right of such lands as had not been disposed

of. In 1789, North Carolina ceded the right of jurisdiction to the

United States, but she reserved her own Legislative rights, and

consequently her right to sell the lands within her own territory; and

in disposing of the lands in question, the State did not intend merely

to sell the right of pre-emption from the Indians, but the absolute

title to the lands. Mr. S. read a part of the constitution of North

Carolina, in order to explain what degree of legislation the State had

conceded to the Federal Government, and what part she reserved to

herself; and he was clearly of opinion, that the disposal of the lands

had been reserved. In 1783 the State offered these lands for sale. In

1786, the Commissioners of the United States assigned a great part of

them to the Indians. In 1788, the Legislature of North Carolina declared

that they would support the purchasers. The grand question now is, did

the State, by acceding to the confederation, give up her right of

legislation? She gave up her right to make Indian treaties, but reserved

that of legislation, because, as above observed, it formed a part of her

constitution, which was understood to continue unviolated. These lands

were bought with certificates, which it was alleged, on the other side,

would purchase nothing else. If the certificates would purchase nothing

else, it was proper at least that they should have been restored to

their first owners, who might have subscribed them to a part of the

public debt of the United States. They were certainly entitled either to

their land or their certificates. These certificates, which were paid

into the Treasury of North Carolina, were those of the United States. If

the owners had only a pre-emption right, Mr. S. insisted that the

certificates should be returned.

Mr. SEDGWICK said, that this was quite a new fact to him, and if it was

as stated, there was no necessity for Legislative interference at all.

The State of North Carolina had only to come forward and subscribe them

to the Treasury.

Mr. W. SMITH explained, that when delivered into the Treasury of North

Carolina, they had been cancelled. After this they were again ordered to

be made current by the subscriptions of the officers of the State, and

in that shape they were offered to the Commissioners of Loans, who

refused to accept them. The exact amount of the certificates could still

be ascertained, as well as the names of the persons to whom they

belonged. They had been cancelled, but not destroyed.

Mr. BOUDINOT imagined that Mr. SMITH had furnished a new and forcible

argument against his own cause. This claim of North Carolina to sell the

lands was wrong, and this doctrine had been the cause of all the

disputes in which the Federal Government has been engaged. The Crown of

Britain had never pretended to any right of this kind, nor ever thought

it had a title to any lands till they were first purchased from the

Indians. The question before the committee was, have the United States

taken away any claim which the purchasers of these lands had? And the

answer is, that the United States have not. The State of North Carolina

only had a right to sell the privilege of pre-emption. This was the only

right which the purchasers obtained, and this right they still possess.

As to the certificates, they were not those of the United States, but

those of North Carolina. They were not Continental certificates, and for

that reason Continental officers would not accept them; but North

Carolina has since brought these certificates into her account against

the General Government. The commissioners, in 1786, had done a very

great service to North Carolina, by settling a line of boundary, and

putting an end to the Indian war. He thought that the best way would be

for the claimants to apply to the Executive, and agree among themselves

to extinguish, by an interference of that kind, the Indian right. This

would be much better than for the House to involve itself in the

purchase of an immense tract of land, at an expense of seven or eight

hundred thousand dollars, (or how much more, Mr. B. could not tell,)

when there was so much occasion for the money to pay the national debt.

He again declared that he should think it the best way to obtain the

good offices of the Executive in extinguishing the Indian right. The Six

Nations possessed part of the territory of Pennsylvania. This State also

may apply to the General Government for redress, if North Carolina were

to get payment for these lands. The State of New York may do so, for the

same reasons as North Carolina. This would be involving the Government

in an endless labyrinth. He was as unwilling as any gentleman in the

House to interfere with the rights of the Legislature of North Carolina.

But he did not wish to see the House going blindfold into the business.

The United States have too much land already.

Mr. KITTERA.--The certificates must have been given in by North Carolina

to the United States. She denied the right of the commissioners, in

1786, to make Indian treaties, but now that right is given up. He agreed

with Mr. BOUDINOT as to his observations on Pennsylvania. Georgia also,

he said, had about sixty millions of acres within her chartered limits.

The business would never have an end, if the General Government was to

interfere in all these cases.

Mr. SCOTT.--Has not this Government a right to restrain every wild-goose

excursion into the woods? If it has not, the Union must fall prostrate

at the feet of every wild speculator. Pennsylvania, at a great expense,

made preparations for an establishment at Presqu'Isle. The ground had

been bought at a great expense from the United States. Yet for the sake

of general peace, the settlement had been stopped.

Mr. MCDOWELL denied that the two cases corresponded, for the lands at

Presqu'Isle had not been given to the Six Nations.

Mr. BOUDINOT differed from the last speaker. He did not think that any

thing farther had been done against the interest of North Carolina than

against that of Pennsylvania.

Mr. BLOUNT denied that the Indians ever occupied the lands in question,

or were fit to occupy them, in any proper sense of the word. To walk

across a country, and to shoot in it, was different from an occupation.

But, besides, the Creeks and Cherokees were not the only tribes who had

hunted there. It had been said yesterday that these lands gave rise to

speculation. Mr. B. wished that it had done so, for in that case the

certificates would all have been paid by this time. There was no

difficulty in funding Southern certificates, when once they got into the

hands of Northern speculators. Mr. B. thought himself entitled to

receive back from the United States the money which he had paid into the

Treasury of North Carolina for these lands.

Mr. MURRAY requested the favor of any gentleman to inform him, whether

the lands in question were possessed and occupied, in the more civilized

sense of the terms, by the white people? He believed they were not. Had

they been in peaceable possession, living on, and cultivating the lands,

that circumstance would form a very interesting motive in his mind in

favor of the indemnity that was asked. But, in fact, they never were

possessed of any right but that which North Carolina could give

them--the pre-emption right; that right they now possessed as fully as

they did at the time of the cession to the United States. [Mr. CARNES

rose, and informed him, that many white people who had begun farms were

driven off their lands, and reduced to great distress by the

proceedings of the commissioners.] Mr. M. said, an argument struck him

of some weight--that if the claim be gratified, the claimants will be in

a better situation now than they would have been if the cession had not

been made; for North Carolina could not have given them absolute

possession but by force of arms. This she would not have a right to do,

under this Confederation, nor under the constitution, as no one State

can make war. But the claimants can ask nothing more of the United

States than they could have had accomplished for them by the State of

North Carolina. A new doctrine, resulting from the Revolution, must be

admitted as a ground of reasoning, when Indian, unconquered territory,

is before us. The Provinces had power, as individual bodies--which

States, as such, have not--the right of making war, and gaining

possession of Indian territory by conquest. So it was, that a province

could, from its own separate resources, make war on Indians, and pay

individually the expense. But when the great contest for independence

came on, all the States were, in fact, principal confederated bodies,

long before they signed the paper of confederation. The doctrine, which

suited such a body of States, was, that whatever might be gained by the

joint efforts and expense of all, should be the property of all,

jointly; and he thought that every principle of sound justice warranted

him in applying the doctrine, so far as to say, that whatever might be

the chartered limits of each province, while dependent, yet the moment

of the joint contest was that in which the true limits of a State were,

as far as property in land went, confined to that boundary which was

really located, occupied, and peaceably holden within the limits. To say

that the State had a right more positive than the pre-emptive one, to

lands actually occupied and defended by hostile tribes of Indians within

the chartered limits, admits a principle, that, if put into action,

tended necessarily to violate the great principle of the Confederation,

and of the present constitution, which divests the individual States of

the right to make war; as the State to make good any sales she might

make within the hostile territory, would be obliged to make war on the

tribes to dispossess them. The lands in question were in this situation.

They were occupied by Indian tribes, and were never in possession of

North Carolina. The gentleman from that State seems to doubt the

occupancy of the tribes. Mr. M. believed we would violate principles of

justice were we to borrow the principle of occupancy from books, and

apply it to Indian society. The Indian tribes held certain tracts of

land. As to the mode in which they thought it most rational to use the

land, it was nothing against their right to say its exercise differed

from our mode. He understood they made a hunting ground of the land in

dispute. They had a right to use it as such, and their mode of use was

no argument against their right. All that could be, or was proved to

belong to North Carolina, was the colonial right to qualified

sovereignty, called the pre-emption right. This was all she could grant,

and this was all that the claimants could take from her. They had that

now; and as he could not see the propriety of making their situation

better than if the cession had not been made, so he could not agree to

the resolution for giving them indemnity. Perhaps his ideas on the

subject might be fashioned by local circumstances, belonging as he did

to a State which had no share in those rich funds which the large

frontier States possessed, he thought, very unjustly, in immense tracts

of back lands. He felt it a duty to narrow all claims like the present

as much as possible. Connecticut, Rhode Island, Jersey, Delaware,

Maryland, were all in the same situation. They had no back lands, and

were divested of the share they were justly entitled to in the back

lands, which now bring immense funds of wealth into the land offices of

those States which possess them.

Mr. HEISTER wished to have that part of the law read which relates to

the species of certificates referred to in the debate; this was

accordingly done. Mr. H. said that he had not enough of evidence before

him to give a vote. He therefore wished that the committee might rise.

Mr. MACON said, that, according to Mr. BOUDINOT, it was the doctrine of

North Carolina in 1783, that the State possessed aright to the

unappropriated lands. If that was their doctrine then, nothing had since

happened which could make it cease to be so now. The Crown of Britain

had transferred the absolute property of lands, without inquiring for

permission from the Indians. This evidence went strongly to prove that

North Carolina had the same title. The case of Presqu'Isle did not

apply, for Pennsylvania was raising troops to make that settlement, and

no State can, by the constitution, raise troops of itself. He wished the

committee not to rise till they had determined the question.

Mr. CARNES had foreseen that the claim before the committee would be

opposed upon various grounds: but he considered none of them as well

founded. Grants were first made by North Carolina to individuals, of

lands within her chartered boundary. The cession made to, and accepted

by the United States, conditioned to secure the interest of individuals.

A treaty was thereafter ordered to be held by the United States with the

Indians, and by that treaty, lands formerly granted, were relinquished

to them. The commissioners of North Carolina protested in form. The

people turned out, had paid ten pounds the hundred acres, for their

lands, and they were entitled to compensation from North Carolina, or

from the United States. It had been said that North Carolina had no

right but that of pre-emption. This Mr. C. denied. North Carolina had a

right to all the lands within her boundary; and there was an express

agreement reserving those lands to individuals. Why did the United

States contract with the State, if she had no right? The Indians never

could have been considered an independent nation, else there would be

compensation _in imperio_. He mentioned the case of the Tallissee

Country containing four million of acres. By a treaty made in 1785,

between the State of Georgia and the Creeks, this land was ceded to

Georgia. By a second treaty at New York, this very country was

relinquished to the Indians, and of course the _bona fide_ right of the

State wrested from them. If a decision could be had on this case before

a judicial tribunal, it would not require a moment's hesitation to

determine in favor of the State, and that the treaty was a nullity. It

had been alleged that the right of pre-emption was the only right in

possession of the States, that is, a title to purchase of the holders of

the property, in exclusion of all other States, or individuals thereof

or the particular State. Mr. C. contended that the fee-simple of all the

soil within the chartered limits belonged to the State. As to the

boundaries, the definitive treaty of peace settles them beyond

contradiction. As to the proprietors of these lands being in no worse

condition now than before the cession back to the Indians, the people

were ploughing the lands, when driven from them, and will any gentleman

say that this is not injuring people? As to the State of North Carolina

having no particular claim to the land now beyond the Indian line, he

would put a case within the chapter of possibilities. Suppose that all

the Indians were driven over the Mississippi to-morrow, to whom would

the lands which they now possess belong? The particular States to be

sure, within whose range they lay. The gentlemen who advocate for

morality, and who talk of treating the Indians with humanity, are the

very men who have uniformly countenanced the raising of troops, and

augmenting the force on our north-western frontiers. How can they

reconcile their conduct? The Indians to the South are to be treated with

humanity, and those to the North are to be butchered, that the United

States may enjoy their property.

Mr. BOUDINOT said, that the charter from Britain extended to the South

Sea, but such a stretch of territory was not really claimed by Britain.

He read several of the old laws of North Carolina, to prove that the

Indian right of soil had always been acknowledged.

Mr. BLOUNT had never thought of quoting this book, which he now did, to

show that the British Government had authorized conquest. He did not

know of one purchase made in Carolina. It was all conquest, and so were

nine-tenths of all the lands held by the white people in America.

Mr. MCDOWELL.--Those lands which are the subject of debate, and which a

number of gentlemen have contended, that North Carolina had not a right

to grant to her citizens, have been proved to be within the chartered

limits as granted by Charles II., and which limits, sovereignty and

jurisdiction were guaranteed to the State by the Articles of

Confederation.

After this, and within the year 1783, the Legislature passed a law for

opening an office to receive entries of lands in the district of country

now called the territory south of the Ohio, for the redemption of

special and other certificates; and after a number of the surveys were

made, and the grants issued, the Government of the United States ordered

a treaty to be held with the Cherokee Indians at Holston, in the year

1785, and the commissioners agreed to give up a large quantity of lands

before stated to the Indians; but, previous to articles being signed,

Colonel Blount, who was the agent for North Carolina, entered his

protest in behalf of the State, that some of the articles about to be

entered into between the commissioners, on the part of the United

States, and the Cherokee Indians, would infringe on the Legislative

rights of the State of North Carolina, and the Legislature of the State

also protested against the proceedings.

I must here remark, that the then Government of the United States,

agreeably to the Articles of Confederation, could not legally make use

of the property of the State for any purpose without their consent.

This continued to be the situation of this business, till after Congress

requested a cession of those lands, with the sovereignty thereof, which

now form the territory south of the Ohio, which was complied with under

certain reservations, to continue claims, and the situations of the

claimants as good as though this cession had not been made, which was a

complete acknowledgment of the right of North Carolina, on the part of

the United States, but in my opinion placed them in the same situation

that the State would have been in, had the cession not taken place.

Since the adoption of the present Government, another treaty was ordered

to be held with the Indians, and the lands were given up to the Indians.

Here the Executive right to make such treaty may be questioned, and I

believe rightly too; for it would be an extraordinary power for them to

make use of the property of individuals, without their consent, or

making any compensation, and apply it to national purposes. Great

difficulties would be involved were a remedy to be attempted in a

judicial way against the Government. I do therefore think either that

policy or interest, on the part of the United States, would point out a

compliance, in part, with the report on the table, for it will not place

the United States in any worse situation than they would have been in,

had the lands not been entered. Had that been the case, those

certificates would have been in the hands of individuals, a debt against

the Government, but on their being subscribed now, to the amount

actually paid on their relinquishing their claim, you would then have

the land, which will be valuable at a period far distant.

Some gentlemen appear to be alarmed at the sum; but if the principle is

a just or fair one, the sum ought not to be an objection. I will here

state further, to remove the alarms of those gentlemen, that the sum

will fall far short of the statement made by Mr. Jefferson, as a great

deduction is to be taken from that; but I can further assert, that a

great number of the claimants would not relinquish their claim to said

lands to subscribe; it would generally be such as are in indigent

circumstances. And here I cannot help making some reply to the

objections stated by several members, who have alleged that North

Carolina had acted wrong in selling these lands before they had

extinguished the Indian claim, and that the claimants were in no worse

situation than they would have been had the cession not have taken

place. I am not a little surprised to find, that gentlemen cannot see

the distinction, for had the cession and treaty at Holston taken place,

they were at liberty to settle the lands, and North Carolina was bound

to protect them; but since the treaty had been made, the land is not

only given up as stated, but it is made criminal to cross the boundary.

Mr. DEXTER has stated that North Carolina has acted unjustly and wrong

in making sale of those lands before she had extinguished the Indian

claims.

Here I shall repeat what I stated before in answer to what the gentleman

has said: That the Indian claims to said lands were, in part,

extinguished by Henderson's purchase, and part by conquest, and that a

considerable part of the lands, that no nation of Indians could

establish a claim to, had been claimed by different tribes as territory

grounds, but had not been inhabited by any tribe within the memory, or

any account that can be traced, and for as great a length of time the

different tribes had been at war with each other about the right of

hunting on said land. But so far as it relates to the right of North

Carolina, I believe no member has a right to call it in question at this

time. The gentleman's arguments would have been more applicable at the

time the cession act was under consideration; and as to what the member

said about the principle and precedent it would fix, I will only call

the attention of that gentleman and the committee, to the conduct of the

Government of the United States. Have they not pushed conquests into the

Indian country north-west of the Ohio? Are they not continuing to do so,

and is it not in contemplation to sell large quantities of lands in that

country, that have never been purchased? If so, the precedent which the

gentleman fears so much is already established. But here I beg leave to

call the attention of the committee, in the most serious manner, to the

number of citizens concerned, perhaps near twenty thousand. A great

number of them are men who turned out in support of the American

Independence, who fought, who bled, and furnished their property freely

to the support of the cause. For this service they received

certificates, which they wished to realize by entering said lands, and

flattered themselves with sitting down on those lands, and in the latter

part of life making themselves and families happy. Their hopes were soon

blasted. After the act of last session, the Treaty of Holston took

place, which gave their property to a savage and cruel enemy, to quiet

the minds of an enemy who not only were opposed to us through the war

with Britain, but ever since have been imbruing their hands in the blood

of innocent women and children. What will be the feelings of the

claimants, who have acted as I have stated, when they find that their

request, which to be sure is a modest one, and which is only to be

reimbursed for sums actually paid, is refused? Should this be the

decision, I leave you to draw the conclusion. Should they proceed to

settle those lands in opposition to the treaty, I should not be much

surprised. But the report on your table goes too far, as to damage and a

future preference, which I am not in favor of; therefore the resolutions

in the latter part of the report I hope will be stricken out.

On the same question, Mr. GILLESPIE made the subsequent remarks: he

observed a disposition in the House to call the question; he then said

that the situation in which he stood required that he should say

something in support of the resolution under consideration, as it had

been stated as a new and singular case, from which he took the liberty

to dissent, as every writer on the law and usage of nations, held it as

an invariable axiom, that all sacrifices of property made by individuals

for public uses, ought to be paid out of the public purse. He stated the

treaty between England, France, and Spain, in 1763, and the case of the

loyalists in 1783, and as the hour of adjournment had arrived, concluded

with a motion for the committee to rise and report progress.

The question was then put, Shall the committee now rise and report

progress? This was negatived. The resolutions in the report were

successively put, and lost.

The committee then rose; the Chairman reported progress, and the House

adjourned.

FRIDAY, January 30.

The House proceeded to consider the report of the committee to whom was

referred the Message from the PRESIDENT OF THE UNITED STATES, of the

thirtieth of January, one thousand seven hundred and ninety-four,

enclosing the copy of a letter from the Governor of North Carolina,

covering a resolution of the Legislature of that State; as, also, the

petitions of Thomas Person and others, proprietors of lands in the

territory of the United States south of the river Ohio, and of the

Trustees of the University of North Carolina, to which the Committee of

the whole House had, yesterday, reported their disagreement: Whereupon,

The first resolution reported by the committee, being again read, in the

words following, to wit:

"_Resolved_, That it shall be lawful for the Executive of

the State of North Carolina to subscribe, by way of loan to

the United States, the amount of all such certificates as

have been deposited in payment for any lands, (reserved by

the act of cession aforesaid,) in payment for any lands

which may have been relinquished to the Indians by the

treaty aforesaid, in trust for the persons by whom they

were so deposited, according to their respective rights and

interests:"

The question was taken, that the House do agree with the Committee of

the whole House in their disagreement to the said first resolution, and

it was resolved in the affirmative.

The second resolution reported by the committee, being again read, in

the words following, to wit:

"_Resolved_, That the United States ought to reimburse the

said persons the money which they have expended in having

entries and surveys made, and in obtaining grants, and any

other incidental charges which they have necessarily

incurred, with interest; and that they should moreover make

a reasonable allowance for the loss and damage which the

petitioners have sustained, by having possession of the

said land withheld from them:"

The question was taken, that the House do agree with the Committee of

the whole House in their disagreement to the said second resolution, and

resolved in the affirmative.

The third resolution reported by the committee, being again read, in the

words following, to wit:

"And whereas, the grants to the aforesaid lands, made by

virtue of an act of the Legislature of North Carolina, are

valid to all intents and purposes, as coming fully within

the purview of a condition contained in the act of session

from the said State to the United States: therefore,

"_Resolved_, That, whenever the United States shall think

proper to extinguish the Indian claim to the said lands, by

purchase or otherwise, it will be just and reasonable that

the several persons who have obtained grants or made

surveys or entries, should have such rights confirmed and

established, and their titles perfected, in preference to

any other persons, on repaying to the Treasury of the

United States, the amount of what they may now receive, as

a compensation for their disbursements and losses, in case

such persons shall think proper to make such repayment

within a certain time, to be limited by Congress for that

purpose:"

The question was taken that the House do agree with the Committee of the

whole House, in their disagreement to the said third resolution, and

resolved in the affirmative.

A motion was then made, and the question being put, that the House do

agree to the following resolution:

"_Resolved_, That such persons as have entered lands

agreeably to the laws of North Carolina, in the territory

ceded by that State to the United States, and on the Indian

side of the line established by the Treaty of Holston,

ought to be reimbursed by the United States the amount of

the purchase-money actually paid for the same, and the

necessary expense of locating and surveying, where the

survey has been made; such persons first relinquishing

their right thereto, to the United States:"

It passed in the negative--yeas 14, nays 56, as follows:

YEAS.--Theodorus Bailey, Thomas Blount, William B. Grove,

George Hancock, Matthew Locke, Nathaniel Macon, Joseph

McDowell, Alexander Mebane, John Page, Robert Rutherford,

William Smith, Benjamin Wiliams, Richard Winn, and Joseph

Winston.

NAYS.--Fisher Ames, John Beatty, Elias Boudinot,

Shearjashub Bourne, Benjamin Bourne, Lambert Cadwalader,

Thomas Claiborne, David Cobb, Peleg Coffin, Joshua Coit,

Jonathan Dayton, Henry Dearborn, George Dent, Gabriel

Duvall, Benjamin Edwards, Thomas Fitzsimons, Dwight Foster,

Ezekiel Gilbert, Nicholas Gilman, Henry Glenn, Benjamin

Goodhue, Andrew Gregg, Thomas Hartley, John Heath, James

Hillhouse, William Hindman, Samuel Holten, John Hunter,

William Irvine, Aaron Kitchell; Amasa Learned, William

Lyman, James Madison, William Montgomery, Andrew Moore,

Peter Muhlenberg, William Vans Murray, Anthony New, John

Nicholas, Nathaniel Niles, Alexander D. Orr, Josiah Parker,

Andrew Pickens, Francis Preston, Thomas Scott, John S.

Sherburne, Jeremiah Smith, Samuel Smith, Zephaniah Swift,

George Thatcher, Uriah Tracy, Jonathan Trumbull, John E.

Van Allen, Peter Van Gaasbeck, Artemas Ward, and Paine

Wingate.

Another motion was then made and seconded, that the House do come to the

following resolution:

"RESOLVED, That the President of the United States be

requested to cause a treaty to be entered into with any

Indian tribes who may claim, hold, possess, or be entitled,

to any lands within the territory ceded by the State of

North Carolina to the United States; and to endeavor to

obtain, by such treaty, an extinguishment of the Indian

claims to all lands, the pre-emptive right to which has

been sold by the said State, in pursuance of the act of one

thousand seven hundred and eighty-three, opening an office

for the sale of the said lands."

_Ordered_, That the said motion be committed to Mr. WILLIAM SMITH, Mr.

DAYTON, Mr. SWIFT, Mr. MCDOWELL, and Mr. PAGE.

MONDAY, February 9.

ROBERT GOODLOE HARPER, returned to serve in this House as a member for

the State of South Carolina, in the room of ALEXANDER GILLON, deceased,

appeared, produced his credentials, was qualified, and took his seat in

the House.

FRIDAY, February 13.

_Heirs of Count de Grasse._

A memorial of Amelie, Adelaide, Melanie, and Silvie de Grasse, four

daughters of the late Count de Grasse, now residing at Salem in the

State of Massachusetts, was presented to the House and read, praying a

loan of money for their present subsistence; the effects which they

brought from France being exhausted, and having no other means of

support, but in property in the Island of St. Domingo, from which, under

present circumstances, no supplies can be drawn.

_Ordered_, That the said memorial be referred to Mr. AMES, Mr. MADISON,

and Mr. GILMAN, with instruction to examine the matter thereof, and

report the same, with their opinion thereupon, to the House.

WEDNESDAY, February 18.

_Count de Grasses Heirs._

The House then went into a committee on a memorial from the four

daughters of the late Admiral Count de Grasse. It was read with the

report from a select committee, which proposed to give each of these

ladies, who are now residing in Boston, and in indigent circumstances, a

thousand dollars, in consideration of the important services rendered by

their father to the United States. To this proposal the committee

agreed, and the Chairman reported the resolution.

The House then took up the report.

Mr. MACON objected that though the claims of the petitioners were

strong, yet they were not more so than those of multitudes of others. On

the very day when we have come to a resolution to receive no more

petitions from our fellow-citizens, we are going to give so large a sum

at once to foreigners. He was aware that the Count de Grasse had done

eminent services to America, and he felt them as much as any person, but

he still saw no reason for preferring these petitioners, when there were

likely a hundred of the officers of De Grasse, or of Rochambeau's army,

that were in this country, and in want.

Mr. DEXTER said, that if ever there was a case where it would be proper

to act first, and thereafter try to find reasons for what had been done,

this was such a case.

The report was, on a division, agreed to by a great majority--sixty-one

gentlemen rising in the affirmative. The resolution is in the following

words:

_Resolved_, That, in consideration of the extraordinary services

rendered the United States by the late Count de Grasse in the year one

thousand seven hundred and eighty-one, on the urgent request of the

Commander-in-chief of the American forces, beyond the term limited for

his co-operation with the troops of the United States, there be allowed

and paid to Amelie, Adelaide, Melanie, and Silvie de Grasse, daughters

of the late Count de Grasse, respectively the sum of one thousand

dollars each.

_Ordered_, That a bill or bills be brought in, pursuant to the said

resolution, and that Mr. AMES, Mr. MADISON, and Mr. GILMAN, do prepare

and bring in the same.

SATURDAY, February 21.

An engrossed bill authorizing the payment of four thousand dollars for

the use of the daughters of the late Count de Grasse, was read the third

time and passed.

TUESDAY, February 24.

_Case of Thomas Person and others._

It was moved that the House should go into consideration of the report

of the select committee to whom had been referred a resolution of the

House in relation to the back lands of North Carolina. The following is

the resolution of the select committee:

"_Resolved_, That in case the President of the United

States shall think proper to enter into a treaty or

treaties with all or any of the Indian tribes claiming

lands within the territory south of the river Ohio, for the

extinguishment of their claims to all or any of the said

lands, the sum of ---- dollars be, and the same is hereby,

appropriated to the purpose of defraying the expenses of

any such treaty or treaties."

Mr. GOODHUE did not see that the United States had any concern to

interfere in such a purchase: it was private property.

Mr. DAYTON explained that the petition of Thomas Person and others

comprehended only two millions of acres. The resolution contemplated

twenty millions. It will, when completed, enable the United States to

protect the Choctaws and Chickasaws from the Creeks and Cherokees, if

the latter should happen to attack them; and that they will attack the

Chickasaws is not improbable, from assistance which the latter have

given to the white people. Besides, the frontier will be capable of

defence, at a much cheaper rate, in this way than at present it can be.

It is now an irregular line. A peculiar circumstance, besides, will make

the lands easy to be purchased. No Indian tribes reside on them. When

the gentleman from Massachusetts considers these things, he will not

object, since the United States will gain eighteen millions of acres by

the transaction.

Mr. GOODHUE admitted the reasoning as to the eighteen millions, but

still scrupled as to the rest.

Mr. SWIFT recommended that the Indian claim should in the mean time be

extinguished.

Mr. MCDOWELL, in reply to Mr. GOODHUE, said that if the gentleman had

attended to the reasonings formerly used on this subject, and which had

occupied considerable time of the House during the present session, he

could have been at no loss for understanding the propriety of this

purchase being made by the United States.

A committee were named to bring in a bill, in terms of the resolution

recommended by the select committee.

WEDNESDAY, February 25.

_Indian Lands in Georgia._

The House again resolved itself into a Committee of the whole House on

the report of the committee to whom was referred so much of the message

from the PRESIDENT OF THE UNITED STATES, of the seventeenth instant, as

relates to the disposition of Indian lands by the Legislature of the

State of Georgia.

Mr. AMES said, that during the time when the National Debt bill was

under discussion, he had attempted to get something introduced in favor

of the new emission money creditors, but gentlemen always rose _en

masse_ against any proposal that would tend to obstruct the progress of

the bill. He now again urged that this affair might be taken into

consideration. He knew he should be told of a standing rule of the House

that the unfinished business must first be taken up. These creditors had

waited for four years without redress, and the rules of the House ought

to give way to common feeling and common sense. He therefore moved that

the rule in question should be suspended.

The motion was negatived, and the House then went into a committee upon

the second and remaining resolutions in the report of the select

committee on the Message of the PRESIDENT.

The following is a copy of the third and fourth resolutions in this

report:

"_Resolved_, That the President of the United States be

authorized, whenever claims under prior contracts may cease

to exist, to obtain a cession of the State of Georgia, of

their claim to the whole or any part of the land within the

present Indian boundaries; and that ---- dollars ought to

be appropriated to enable him to effect the same.

"_Resolved_, That all persons who shall be assembled, or

embodied in arms, on any lands belonging to Indians, out of

the ordinary jurisdiction of any State, or of the territory

south of the river Ohio, for the purpose of warring against

the Indians, or committing depredations upon any Indian

town, or persons, or property, shall thereby become liable

and subject to the rules and articles of war, which are, or

shall be established for the government of the troops of

the United States."

After some discussion, the committee rose; the Chairman reported

progress, and asked leave to sit again. This was negatived--yeas 33,

nays 35.

The House then took up the resolutions. Various amendments were

proposed; and the last resolution, in particular, was objected to, as

subjecting people to martial law.

Mr. WADSWORTH said, that from a trial by jury he had no hopes. There

never had been one instance of a white man condemned and hanged by white

men, on the frontier, for the murder of an Indian, since the first

landing in America. There might be such a thing for the murder of an

Indian, when they lived among the whites. That there ever had been such

a thing he did not know. He had been told by judges, upon the frontier,

that it was no matter what evidence of a murder of an Indian was

brought. No jury would bring the criminal in guilty. It was but very

lately that a cool and unprovoked murder had been committed on the

borders of this State upon an Indian. The evidence was clear. Nobody

pretended to doubt it. The judge gave an earnest charge to the jury; but

all to no purpose; they found "not guilty."

Mr. SEDGWICK proposed an amendment to the last resolution, as follows:

"_Resolved_, That all persons who shall be assembled, or

embodied in arms, on any lands belonging to Indians, out of

the ordinary jurisdiction of any State, or of the territory

south of the river Ohio, for the purpose of warring against

the Indians, or of committing depredations against any

Indian town, or persons, or property, shall thereby become

liable and subject to be taken and confined by the military

force of the United States, in such manner as to be made

amenable to, and triable by law."

_Ordered_, That the said motion be committed to Mr. SEDGWICK, Mr.

MADISON, and Mr. HILLHOUSE.

FRIDAY, February 27.

_Indian Lands in Georgia._

The House then went into a Committee of the Whole, Mr. SHERBURNE in the

chair, on the report of the select committee to whom had been referred

the motion of the 25th instant, respecting such persons as shall be

assembled, or embodied in arms, on any lands belonging to Indians, out

of the ordinary jurisdiction of any State, or of the territory of the

United States south of the river Ohio. The resolutions are as follow:

"_Resolved_, That all persons who, unauthorized by law, may

be found in arms on any lands westward of the lines

established by treaties with the Indian tribes, shall, on

conviction thereof, forfeit a sum not exceeding ----

dollars, and be imprisoned not exceeding ---- months.

"_Resolved_, That it shall be lawful for the military force

of the United States to apprehend every person or persons

found in arms, as aforesaid, and him or them to convey to

the civil authority of the United States, within some of

the States, who shall, by such authority, be secured, to be

tried in manner hereafter expressed.

"_Resolved_, That every person apprehended, as aforesaid,

shall be tried in manner and form as is expressed in and by

the act, entitled, 'An act to regulate trade and

intercourse with the Indian tribes.'"

Several amendments were proposed and agreed to. At last Mr. VENABLE

proposed one, which was, in substance, that persons should not be liable

to the operation of the law who were in pursuit of Indians that had

committed actual hostilities on the frontier.

Mr. SEDGWICK paid many compliments to Mr. VENABLE, as a sound lawyer,

who certainly knew that, by the inherent rights of nature, every man was

to pursue and punish those who had robbed him. This was implied in the

bill, and was a part of the law of nature, so that there could be no use

for its insertion.

Mr. VENABLE, in reply, declared that he was not so sound a lawyer as the

gentleman supposed him to be. He was not so sound a lawyer as to

discover that there was any such implication in the bill as the

gentleman stated. Neither was he a sound enough lawyer to see, that, if

his amendment was really implied in the bill, there could be any harm in

having it expressed. At present he could discover no such implication.

On the contrary, he saw very plainly, that, by the resolution as it now

stood, a man whose family had been murdered or carried off by the

savages, might, while pursuing them, be stopped and sent to jail. Mr.

V., from the admission of Mr. SEDGWICK himself, insisted on the

propriety of adopting his amendment.

Mr. HILLHOUSE objected to the permission of armed individuals crossing

the line, upon any pretence whatever. What use was there for expending

millions every year in defence of the frontier people, if they were to

be at liberty to cross the Indian line as often as they pleased, and to

do what was to all intents and purposes carrying on war? If they will

fight, let us recall our forces and leave them to fight for themselves.

Are they, for the stealing of a horse, or some such thing, to cross the

line in armed bodies, and act just as they please? Mr. H. utterly denied

the doctrine admitted by Mr. SEDGWICK, that a man was authorized to

chastise by his own hand those who had injured him. Was he to be both

judge and executioner in his own case? No such thing.

Mr. GREENUP said, that, in coming to Congress every year, he was obliged

to pass over territories belonging to Indians, and he always thought it

necessary to carry a gun. He did not see, by the resolution as it stood,

why the military officers of the United States might not stop him, as

well as other people.

Mr. MOORE objected to the clause altogether. It is usual for people on

the frontiers to send out parties over the line to watch the Indians,

and when they are coming to give notice, that the country may be

prepared for their reception. Now, these people may be seized by your

officers.

Mr. FINDLAY imagined it would be the best way to declare that there

shall be no frontier. It had been said by Mr. HILLHOUSE that the United

States might withdraw their forces, and leave the frontier settlers to

defend themselves. Did he imagine that, as it is, they are not kept in a

perpetual state of alarm, of exertion, and of danger? There has not been

a harvest for many years past where the people have not been called off

from their labors, and, to their very great loss, to protect the

frontier. This resolution not to allow pursuit, would be inviting the

Indians with a witness.

Mr. SEDGWICK said, that this amendment, in reality, destroyed all that

had been done or intended. No military officer, after such an amendment,

will run the risk of taking a man up. The prisoner has only to say, "I

am in pursuit of Indians," and then he must be set at liberty; for, in

the wilderness, no evidence can be had to contradict him. The amendment,

therefore, was a _coup de grace_ to the whole affair. Mr. S. said he was

personally extremely hurt at the constant complaints of the inefficiency

of the defence afforded on the frontier, which cost annually so much to

Government.

Mr. BLOUNT thought that the best way would be, to let it be known that

the whites were authorized to pursue the Indians into their own country,

and then they would stand more in awe. He mentioned a circumstance that

happened within memory, to prove how much the Indians feared a serious

attack, and how well they remembered a serious chastisement. Mr. B.

stated that some Indians had made an incursion, and were stealing cattle

belonging to the army, at a block-house. One of them was most deservedly

shot, and the soldier had his pay stopped.

Mr. HILLHOUSE said, the more that he thought of this amendment, the more

he saw its mischievous consequences. It went to invert all the laws that

had been made for the protection of the Indians; and, instead of being a

bill to protect them from the whites, the resolutions would produce a

bill to protect the whites from them.

Mr. SMILIE objected to Mr. SEDGWICK's having threatened that the army of

the United States should be withdrawn from the frontiers. [He had made

some other advances against that gentleman, to which Mr. SEDGWICK

answered not loud enough to be heard; but at this last, he arose, and

said that he would not sit still to hear himself thus quoted for

affirmations of which he had never uttered a single word.]

Mr. FITZSIMONS really hoped that the House would not agree to this

amendment. It would totally defeat all the effects proposed by the bill.

It had been said, that if a man had his family murdered, and he was in

pursuit of the murderers, he might be stopped by a military officer, and

sent to jail. The answer was, that if the officer refused to join him in

the pursuit, he would lose his commission. He should be sorry if those

resolutions, which had cost so much time and labor to the House, were

thus to be thrown away.

The amendment was, on a division, carried--yeas 36, nays 28. The

committee then rose.

SATURDAY, February 28.

_Indian Trading Houses._

It was moved that the House should resolve itself into a committee on

the bill for establishing trading houses for the purpose of supplying

the Indian nations within the territory of the United States. This was

done accordingly, Mr. SHERBURNE in the chair.

Mr. GILES then moved to strike out the first section.

Mr. GOODHUE wished to move that the committee rise; to which Mr. GILES

agreed. Mr. GOODHUE then said, that his reason for this motion was, the

inattention of members to the business before them. To attempt going

through the bill at present was a perfect farce. He was satisfied that

the bill would never go through this session. He did not, for his own

part, yet know whether it was proper or not.

Mr. PARKER said, that the bill had been long enough before the House for

the gentleman from Massachusetts to have made himself acquainted with

its contents and its merits. He vindicated the principle of the bill, as

tending to conciliate the affections of a distressed and unhappy people,

and as it might likewise prevent the expenses of a war with them.

France, Britain, and Spain, had adopted this policy, and found the good

effects of it. He considered the bill as of the utmost consequence, and,

thinking so, he should use his utmost influence to get it passed. The

expense proposed was not great, as the affair was only experimental.

Mr. MONTGOMERY was of the same opinion with the gentleman who spoke

last. He thought that the Indians had common sense enough not to quit

allies who supplied them with articles which they wanted, till we also

made some effectual establishment of that kind. The member went on the

same ground with the gentleman who spoke last.

Mr. BOUDINOT thought that the reason given by Mr. GOODHUE for moving

that the committee should rise, viz: that gentlemen would not attend to

their duty, was the worst imaginable. What did the House meet for at

all? It was the duty of the Chair to compel them to mind their business.

Mr. B. then referred to something which had been said by Mr. SWIFT, who

had been up just before Mr. BOUDINOT. Mr. B. in reply to this gentleman,

said, that he would not wish to press the bill this session if members

did not think it proper. He was willing, if agreeable, to refer the

matter for one year to the PRESIDENT. But there never would nor could be

a complete peace till something of this kind was done. The PRESIDENT

himself had told us as much.

Mr. GILES said, that the bill could not be got through this session. He

was willing to take the question either in the first way that he had

moved it, or in any other. This was a most improper time of the session

to bring it in.

Mr. MURRAY hoped that the committee would seriously attend to the first

clause in the bill, and would not rise. He felt the shortness of the

time, but he was willing to devote to-morrow (Sunday) to this subject,

and he trusted that the importance of it would give the employment a

solemnity not inconsistent with the day. Without a bill to establish a

well-guarded intercourse with the Indians, the frontier policy will be

unsystematic and despicable. To complete the system, it appeared to him

that three great objects are to be embraced: 1st. Force to protect the

frontier from Indian invasion--for this the Military Establishment is

made. 2d. A regulation, by law, that shall restrain the frontier people

from predatory invasion into the Indian country, carrying law and

settlement hand in hand. 3d. The establishment of trading houses under

the influence of the two first parts of the system, for the purpose of

conciliating the Indians by supplying their wants, and detaching their

habits of trade and their affections from a foreign nation. With these

three points embraced in one system, he had no doubt but their

co-operation would produce the great object, peace on the frontier.

Without the last, the other parts of the system would be totally

inefficient.

Mr. HILLHOUSE said, that the House ought to begin at the right end of

the subject, by reversing the vote which the committee passed

yesterday, authorizing the frontier people to pass the line in pursuit

of the Indians as often as they pleased. If this was allowed, it would

be impossible ever to keep peace.

On a division, shall the committee now rise? it was determined in the

affirmative--yeas 35, nays 31.

The question was then put by the SPEAKER, Shall the committee have leave

to sit again? It passed in the affirmative--yeas 34, nays 33.

But it was presently remarked, that some gentlemen had risen both in the

yeas and nays; others had been without the bar. The question was,

therefore, taken over again, and determined in the negative--yeas 36,

nays 41. The bill is, therefore, thrown out.

_Indian Lands in Georgia._

The House proceeded to consider the resolution and amendments thereto,

reported yesterday from the Committee of the whole House on the report

of the committee to whom was referred a motion of the 25th instant,

respecting such persons as shall be assembled or embodied in arms on any

lands belonging to Indians out of the ordinary jurisdiction of any

State, or of the territory of the United States south of the river Ohio:

Whereupon,

The first resolution being read, in the words following, to wit:

"_Resolved_, That all persons who, unauthorized by law, and

with hostile intent, may be found in arms on any lands

allotted or secured to the Indians by treaties between the

United States and any Indian tribes, shall, on conviction

thereof, forfeit a sum not exceeding ---- dollars, and be

imprisoned not exceeding ---- months."

And the amendment thereto, reported by the Committee of the whole House,

to add to the end thereof the words, "unless it shall be in immediate

pursuit of Indians, who shall have recently committed hostilities."

When the question was about to be taken on it, Mr. VENABLE rose and

pointed out the difference of opinion between two gentlemen who were

both opposed to his amendment. One of them (Mr. SEDGWICK) had maintained

that, when individual Indians, unauthorized by the rest of their tribe,

crossed the line and committed depredations, a settler was, by the law

of nations, authorized to pursue them across the line and to retaliate,

and that this was implied in the bill. Mr. HILLHOUSE had materially

differed from him, and agreed with Mr. VENABLE, in supposing that the

person so pursuing across the line was punishable by the resolution as

it stood, without the amendment. He then reminded the House that this

frontier line was, perhaps, fifteen hundred miles long. The Indians may

come over any part of it, while the citizens of the United States are

not to be allowed to cross it one mile in pursuit. Even a man in pursuit

of savages who may have carried off his wife and children, may be

stopped. The amendment he regarded as essential. Military officers may

judge on the spot whether such persons whom they meet beyond the line,

in pursuit of Indians, are within the sense of the act or not.

Mr. AMES denied that the resolution as it first stood took away the

right of a man to pursue the Indians, in order to recover his wife and

children. But the amendment of Mr. VENABLE went to legalize all those

acts of violence and revenge, that, for a century past, have deluged the

frontier with blood.

Mr. LYMAN vindicated the inhabitants of the frontier. If the Indians are

so unfortunate as to be the dupes of other nations, (viz: the Spaniards

and British,) that is not our fault. The frontier people, from time to

time, have done every thing in their power to keep them in peace.

Mr. HILLHOUSE opposed the amendment.

Mr. MCDOWELL said, that weekly and daily murders were committed by the

Creeks in the district of Mero and in the South-western Territory. Do

the United States avenge these murders? No. Do they demand back the

property carried off? No. Instead of any satisfaction to the people,

their characters are abused on this floor. The frontier people know that

their happiness consists in peace, and, therefore, cultivate it as much

as they can. He took a general view of the subject, and explained the

insignificance of the posts as at present held by the troops of the

United States for any purpose of protection. He noticed the inveterate

hatred of the Indians against the whites, and their innate thirst of

blood.

Mr. MOORE went on the same grounds.

Mr. GILES did not like the harsh style assumed by some gentlemen in

speaking of the frontier settlers. A hundred years hence these people

would preponderate over this part of the Continent. He represented an

Atlantic part of the Union, but, at the same time, he would carefully

avoid any thing that might offend the Western people. The first settlers

in this country were, when they first landed, frontier settlers. For his

own part, he believed that the war between the whites and the Indians

would be eternal. He said, that, from some intelligence received this

day, there was reason to believe that a war with the Creeks might soon

be expected.

Mr. WADSWORTH.--Gentlemen have a great disposition to husband our little

time, and I need not mention their manner of doing it. He said that he

was willing to grant protection to the frontiers, but not to give leave,

as by the amendment proposed, for an eternal war. He thought it

calculated to drive the gentlemen on each side of this question into

such opposite extremes, that they would never meet again upon the

subject. He was willing to grant any degree of protection, but nothing

for conquest. He said that the ancestors of the people now in the

Atlantic part of the country were once frontier people, and he believed

them to have been neither worse nor better than the present settlers,

who are in the same situation. We are told of murders and robberies

committed by the Indians; but the accounts of some of the officers

employed by Government vary a little from this, and give room to suspect

that there may be some error on both sides. He did not believe that this

amendment would pass; but, if it should do so, it would widen the

difference of opinion in the House.

Mr. PAGE was for the amendment.

Mr. CARNES could not conceive the reason why all regulations made in

this House were for Indians only, as if the whites were constantly the

aggressors. He asked if the Creeks performed a single tittle of the

treaty of New York, about which there had been so much parade? No. The

only design of Indians in making a peace is to get presents, for these

they always get. As soon as these are spent they commit a new set of

murders, in the hopes of another treaty. Thus they always have gone on,

and always will go on, from murders to treaties, and from treaties to

murders. Mr. C. complained that a gentleman from Maryland (Mr. MURRAY)

had some days ago called the frontier people semi-savages. He hoped that

such an expression would never again be used in that House. As to the

treaty of New York, he might be told that the Creeks restored a number

of women and children. He knew that; but he also knew that, before they

did so, the relations of those people were obliged to put their hands in

their pockets and pay large sums for their redemption, as the prisoners

would not have been delivered up in consequence of the treaty of New

York. This bill, without the amendment of Mr. VENABLE, would be an

encouragement to the savages to come over the line and murder with

impunity.

Mr. SCOTT was entirely in favor of the amendment. If the resolution

passes without the amendment houses will soon be smoking and blood

running. He believed that the subject in question was beyond the reach

of human wisdom to regulate. He thought that striking out the amendment

would only encourage the Indians to come in a body across the line. This

they were never afraid of doing. The only thing which they feared was a

pursuit, and this was to be effectually prevented by striking out the

amendment. Was there ever such a thing heard of before as that, when the

savages have carried off a man's wife and children, he must not be at

liberty to pursue them? It would be the most frightful thing imaginable

for the House to pass a law declaring such a pursuit criminal. Mr. S.

could figure a case where the farm of a settler might come close to the

Indian line, and the Indian might stand on the other side of the line

and shoot him, and his neighbors would not be at liberty to pursue the

murderer. Mr. S. said, that in that part of the country where he resided

(Washington county) nothing of this kind was to be feared, as the line

was at a sufficient distance from the cultivated lands, but there were

other places on the frontier of the United States where this might

happen. He said that no Christian nation had a right to ask better terms

than this amendment offered to the savages. Stay upon your own side of

the line and you are safe, but, if you cross over to us, we shall cross

over in pursuit of you. This was fair play. If the resolution passed

without the amendment, Mr. S. said that the Indians would immediately

encamp close on their side of the line, and lie in watch there for whole

months together, till they found a safe opportunity of crossing.

Mr. MURRAY said, he would make a remark or two on the criticism of the

gentleman from Georgia, who had felt affected by an expression of his a

few days since, when he called some of the people of the frontier

"semi-savages." He did so, and he felt the expression not inapplicable.

He confined the import of this expression exclusively to those upon the

frontier who lead an unstationary life--who press forward into the

deeper wilderness, by the new waves of advancing population, and live

the life of savages without their virtues. He begged leave to call the

gentleman's attention to a declaration of his own, last session, to

justify this expression, which he used more to designate a peculiar than

a general character of the people in the region to which he applied it.

The gentleman said, he did not value the lives of one hundred Indians as

much as the life of one white man, or words to that extent. [This was in

a debate just before the close of the last session. The words of Mr.

CARNES were, "I would not give the life of one white man for that of

fifty Indians."] Mr. MURRAY said, he had two points always in his view

when the frontier was a subject in that House--protection to the

frontier against the hostility of the Indians, and restraint upon the

whites to prevent the occasions of war against the savages. He had given

every testimony to the first by supporting every measure for their

defence; that he represented a district perfectly beyond the danger of

the Indians, was proof that he was actuated in his votes for

appropriation and force by no other motive than that which belonged to

every man there who supported the great principle of Government, that

the whole must protect the parts. He wished to see such a system

established, combining these two points, as would give complete

protection against the Indians, and yet restrain the whites from

violating peace. He wished to see the day when the arms of the

Government might, without a crime, strike a whole tribe, if that tribe

or its members waged war on the frontiers. But, to do this, it was

necessary to place our relative situation so as that justice might be

secured. He wished to adopt a regulation like the present, to prevent

our fellow-citizens from the gratification of private revenge, the

source from whence so much blood is shed. In order to justify exemplary

punishment on Indian tribes, you must first be in a situation to

restrain the whites from doing injustice to them. You must do what all

nations have done, when, from the general or local state of

civilization, private war disturbs public tranquillity--you must

restrain the right of private war, by placing the power of vengeance out

of the reach of individuals, and in the hands of Government. Nor did

this idea go at all to restrain that inalienable right of resistance

against imminent danger, which was sanctioned by the law of nature. The

picture drawn by the gentleman from Pennsylvania, (Mr. SCOTT,) with his

accustomed ability and force, was certainly an interesting one--were an

encampment of Indians to be heard in the woods near a settlement, after

any evidence of hostility, he did not doubt but the neighbors would be

perfectly justifiable in changing the scene of blood from the cottage to

the camp--if the amendment which actually arms all the passions of

revenge with the rights of law, be rejected, you will attain one of the

great objects of frontier policy--the ability to restrain the right of

private war, from which public war arises as a consequence. The

Government will, when this ability to restrain is complete, become

responsible for the protection of the whites against the savages. Until

that is accomplished, he did not believe Government could, either in

justice or policy, expend treasure or use force, when uncertain of the

justice of the cause. He therefore hoped that the amendment would be

rejected.

Mr. FINDLAY was for the amendment, and mentioned several examples to

prove the cruelty and perfidy of the Indians.

The amendment itself was in these words: "Unless it shall be in

immediate pursuit of the Indians who have recently committed

hostilities."

Mr. MADISON did not think the question explicit; he therefore proposed

another, which was to prevent the pursuers from coming within a certain

number of miles of an Indian town. He was extremely doubtful whether his

amendment or any other would effectually answer the end proposed. He was

convinced that no law of any kind would be able to hinder people from

crossing the line in pursuit of Indians, who might have carried off

their families.

Mr. HARPER said, that however little time the House had to spare, and

however long the discussion might have been, he could not help

trespassing on their patience for a short time to deliver his

sentiments, as he thought himself tolerably acquainted with the subject.

He expressly denied that the Indians ever committed any murder without

previous provocation. The process is shortly this: An Indian crosses the

line and steals a horse. And as long as Indians exist they will always

steal horses. The man to whom the horse belonged collects as many of his

neighbors as he thinks sufficient, pursues the Indian, and, not

contented with recovering his horse, he kills the thief. The Indians,

who have no such sacred ideas of property, immediately come over the

line, and in revenge murder a number of innocent people. Indian murders

are not unprovoked. They are not of that stamp. Mr. H. considered the

amendment of Mr. VENABLE as a source of endless confusion. Any man, if

it passed, might cross the Indian line as often as he thought proper,

and say that he was in pursuit of Indians with prisoners. I undertake,

(said he,) if you will give me a hundred dollars, to go to the frontier

and get a witness who will come into a Court of Justice and swear that

on such a day ten Indians came over the line in arms. Mr. H. said he was

personally acquainted with the frontiers. He had a high respect for the

inhabitants, there were many very worthy people among them; but likewise

many others of a very different kind. This amendment will set open a

door to all sorts of fraud and mischief. Mr. H. honored the sentiments

of patriotism that gave rise to it, but he could not possibly agree to

the propriety of its insertion.

Mr. WHITE, the member from the South-western Territory, said, that he

had to complain of the slaughter of near four hundred citizens under the

auspices of your Government. He felt himself much affected, and as to

the doctrine of Indian killing, only in retaliation, he denied it

altogether. The love of blood was hereditary in them. When the gentleman

says that with a hundred dollars in his pocket, he can find ten men on

the frontiers--[Mr. HARPER explained, that he only said he could find a

witness.] Well, (said Mr. W.) if the gentleman did not mean a reflection

on the frontiers, he meant nothing at all. I know not how well the

gentleman may be practised in the arts of subornation, but I myself know

of no such man. [Mr. HARPER.--I expected the gentleman would confine

himself to a decent answer.] Mr. W. proceeded to observe that no man

acquainted with the frontiers would have made any such assertion as the

gentleman had done. He was likewise extremely surprised at the gentleman

from Maryland, for having persisted in affirming that many of the

frontier people were semi-savages.

The yeas and nays were now taken on the amendment, which was lost by a

majority of 7--yeas 39, nays 46, as follows:

YEAS.--James Armstrong, Theodorus Bailey, Abraham Baldwin,

Thomas Blount, Thomas P. Carnes, Gabriel Christie, Thomas

Claiborne, William J. Dawson, George Dent, Samuel Dexter,

Gabriel Duvall, Benjamin Edwards, William Findlay,

Christopher Greenup, William B. Grove, George Hancock,

Carter B. Harrison, John Heath, William Irvine, Matthew

Locke, William Lyman, Nathaniel Macon, Joseph Mcdowell,

Alexander Mebane, William Montgomery, Andrew Moore, Peter

Muhlenberg, Joseph Neville, Anthony New, Alexander D. Orr,

John Page, Thomas Scott, John Smilie, Thomas Sprigg, Thos.

Tredwell, Philip Van Cortlandt, Abraham Venable, Francis

Walker, Richard Winn, and Joseph Winston.

NAYS.--Fisher Ames, John Beatty, Elias Boudinot,

Shearjashub Bourne, Benjamin Bourne, Lambert Cadwalader,

David Cobb, Peleg Coffin, Joshua Coit, Henry Dearborn,

Thomas Fitzsimons, Dwight Foster, Ezekiel Gilbert, Nicholas

Gilman, Henry Glenn, Benjamin Goodhue, James Gordon, Robert

Goodloe Harper, James Hillhouse, William Hindman, Samuel

Holten, John Hunter, Aaron Kitchell, John Wilkes Kittera,

Amasa Learned, James Madison, Francis Malbone, William Vans

Murray, Nathaniel Niles, Andrew Pickens, Theodore Sedgwick,

John S. Sherburne, Jeremiah Smith, Israel Smith, Wm. Smith,

Zephaniah Swift, George Thatcher, Uriah Tracy, Jonathan

Trumbull, John E. Van Allen, Peter Van Gaasbeck, Peleg

Wadsworth, Jeremiah Wadsworth, John Watts, Benjamin

Williams, and Paine Wingate.

Mr. GILES, who had been in the House during the whole debate, had gone

out just before the question was put, and returning immediately after

the names had been called, asked leave to vote. The rule of the House

was read by the SPEAKER, which is that no member shall vote who was not

present at putting of the question. Mr. G., on this account, was not

allowed a vote.

Mr. CARNES then moved to amend the said resolution by adding to the end

thereof the following words:

"Unless it shall be in continuation of a pursuit to a

distance not exceeding ---- miles beyond the line of the

particular Indians who shall have recently committed

murder, or may be carrying off captives or plunder."

It was resolved in the affirmative.

The said resolution, as amended, was then again read, and agreed to by

the House, as follows:

_Resolved_, That all persons who, unauthorized by law, and with hostile

intent, may be found in arms on any lands allotted or secured to the

Indians by treaties between the United States and any Indian tribes,

shall, on conviction thereof, forfeit a sum not exceeding ---- dollars,

and be imprisoned not exceeding ---- months, unless it shall be in

continuation of a pursuit to a distance not exceeding ---- miles beyond

the line of the particular Indians who shall have recently committed

murder, or may be carrying off captives or plunder.

The second resolution being again read, and amended, was, on the

question put thereupon, agreed to by the House, as follows:

_Resolved_, That it shall be lawful for the military force of the United

States to apprehend every person or persons found in arms as aforesaid,

and him or them to convey to the civil authority of the United States,

within some one of the States, who shall, by such authority, be secured

to be tried in manner and form as is provided in and by the act

entitled, "An act to regulate trade and intercourse with the Indian

tribes:" _Provided_, that no person shall be confined after his arrest,

and before his removal, more than ---- days.

_Ordered_, That a bill or bills be brought in pursuant to the said

resolutions, and that Mr. SEDGWICK, Mr. MADISON, and Mr. HILLHOUSE, do

prepare, and bring in the same.

TUESDAY, March 3.

_Adjournment._

_Ordered_, That a message be sent to the Senate to inform them that this

House, having completed the business before them, are now about to

adjourn without day; and that the Clerk of this House do go with the

said message.

A message from the Senate informed the House that the Senate have

appointed a committee, on their part, jointly, with such committee as

may be appointed on the part of this House, to wait on the PRESIDENT OF

THE UNITED STATES, and inform him that Congress is ready to adjourn

without day, unless he may have any further communications to make to

them.

The House proceeded to consider the said message: Whereupon,

_Resolved_, That this House doth agree to the resolution of the Senate

for the appointment of a joint committee of the two Houses, to wait on

the PRESIDENT OF THE UNITED STATES, and inform him of the intended

recess of Congress; and that Mr. BOUDINOT, Mr. SEDGWICK, and Mr.

TRUMBULL, be of the committee appointed on the part of this House.

On a motion made and seconded,

"That the thanks of this House be presented to Frederick

Augustus Muhlenberg, in testimony of their approbation of

his conduct in discharging the arduous and important duties

assigned him while in the chair:"

It was resolved unanimously: Whereupon, Mr. SPEAKER made his

acknowledgments to the House in manner following:

"GENTLEMEN: I feel myself highly honored by this

distinguished mark of your approbation of my conduct in the

station you were pleased to assign unto me; and although I

am conscious that my feeble efforts do not merit so

precious a reward, yet permit me to assure you that it has

made a lasting impression on my mind, and I shall ever

esteem it with the most unfeigned satisfaction.

"Gentlemen, I sincerely thank you; may every happiness

attend you; may you long continue to enjoy the confidence

of your fellow-citizens; and may you meet with their just

applause of having deserved well of your country."

Mr. BOUDINOT, from the joint committee appointed to wait on the

PRESIDENT OF THE UNITED STATES and inform him of the intended recess of

Congress, reported that the committee had performed that service, and

that the PRESIDENT signified to them that he had no further

communication to make during the present session: Whereupon, Mr. SPEAKER

adjourned the House _sine die_.

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