JONATHAN EVANS,

_Clerk to the meeting this year_.

The memorial having been read by the Clerk,

Mr. GALLATIN moved that it be read a second time.

Mr. HARPER hoped not. This was not the first, second, or third time,

that the House had been troubled with similar applications, which had a

tendency to stir up a class of persons to inflict calamities which would

be of greater consequence than any evils which were at present suffered;

and this, and every other Legislature, ought to set their faces against

remonstrances complaining of what it was utterly impossible to alter.

Mr. THATCHER hoped the petition would have a second reading, and be

committed. It appeared to him that this would be the regular way of

getting rid of the difficulty which was apprehended. The gentleman who

had just sat down said, that this was not the first, second, or third

time, that the House had been troubled with similar petitions. This, he

said, was natural. If any number of persons considered themselves

aggrieved, it was not likely they should leave off petitioning, until

the House should act upon their petition. He thought this was what they

ought to do. If the Quakers thought themselves aggrieved, it was their

duty to present their petition, not only three, five, or seven times,

but seventy times, until it was attended to.

Mr. RUTLEDGE should not be opposed to the second reading and reference

of this memorial, if he thought the strong censure they deserved would

be the report of a committee. This censure, he thought, this body of men

ought to have; a set of men who attempt to seduce the servants of

gentlemen travelling to the seat of Government, who were incessantly

importuning Congress to interfere in a business with which the

constitution had said they had no concern. If he was sure this conduct

would be reprobated, he would cheerfully vote for a reference of the

present petition; but not believing this would be the case, he should be

for its laying on the table, or under the table, that they might not

only have done with the business for to-day, but finally. At a time when

some nations were witnesses of the most barbarous and horrid scenes,

these petitioners are endeavoring to incite a class of persons to the

commission of similar enormities. He thought the matter of the greatest

importance, and that the reference ought by no means to be made.

Mr. SWANWICK was sorry to see so much heat produced by the introduction

of this petition. He himself could see no reason why the petition should

not be dealt with in the ordinary way. If the petitioners asked for any

thing which it was not in the power of the House to grant, it would be

of course refused; but this was no reason why their petition should not

be treated with ordinary respect. In this memorial, he said, sundry

things were complained of; not only slavery, but several other

grievances. For instance, play-houses were complained of, whether justly

or not, he was not about to decide. With respect to the grievance

mentioned in North Carolina, something perhaps might be done to remedy

it, without affecting the property which gentlemen seemed so much

alarmed about. He could not suppose there was a disposition in the

House to violate the property of any man; there was certainly as strong

a disposition in the Middle States as in the Southern, to hold

inviolable the right of property; nor could he see any reasonable ground

for throwing this petition under the table. If these people were wrong

in their understanding of this subject, it would be best to appoint a

committee to set them right.

Mr. GALLATIN said it was the practice of the House, whenever a memorial

was presented, to have it read a first and a second time, and then to

commit it, unless it were expressed in such indecent terms as to induce

the House to reject it, or upon a subject upon which petitions had been

lately rejected by a large majority of the House. In no other case were

petitions rejected without examination and without discussion. He said,

without examination and without discussion, because it was impossible,

upon a single reading of a petition, to be able to form a sound judgment

upon it. Indeed, seeing the way in which the gentleman from South

Carolina (Mr. RUTLEDGE) had treated the subject, no cool examination

could be expected at present; in the moment of passion it would be best

not to decide, but to send the petition to a committee. What was the

objection to this mode of proceeding? It was that the subject would

shake a certain kind of property. How so? A petition that reminds us of

the fate of certain blacks in this country, which did not refer to

slaves, but to free men. This petition was to shake property! In the

same manner it might be said that the law of Pennsylvania for the

gradual abolition of slavery had also a tendency to destroy that

property; or that the Legislative decision of the State of Massachusetts

that there shall be no slaves under their Government, would have that

effect. But it was said the characters of the petitioners was such as

they ought to brand with the mark of disapprobation.

In support of this charge, it was alleged that they were not satisfied

with petitioning, but they attempted to debauch and seduce servants--to

rob gentlemen of their property. He did not know to what the gentleman

who made this assertion alluded; but he believed, if the matter was

fairly stated, whatever may have been done in the State of Pennsylvania,

has been no more than an endeavor to carry into full effect the laws of

the State, which say, that "all men are free when they set their foot

within the State," excepting only the servants of Members of

Congress.[25] As to the moral character of this body of people, though a

number of their principles were different from those which he professed,

he believed it could not be said, with truth, that they were friends to

any kind of disorder; and he was surprised to hear gentlemen suppose

that they could or would do any thing which would throw into disorder

any part of the Union. On the contrary, he believed them to be good

friends of order. Mr. G. said he wished to have avoided a discussion of

the merits of the memorial; but when they were told it was improper to

do any thing on the subject, it became necessary. He knew it was in

their power to do something. They might lay a duty of ten dollars a head

on the importation of slaves; he knew a memorial had been presented at a

former session respecting the kidnapping of negroes, which had been

favorably reported upon. Finally, the present memorial did not apply

only to the blacks, but to other objects. With respect to plays, they

had a motion last session before them for laying a tax upon them, which

had a reference to the subject. By committing this memorial, they should

give no decision. If the committee reported they could do nothing in the

business, and the House agreed to the report, the matter would be closed

in a much more respectful way than by throwing the petition under the

table.

Mr. SEWALL said, the gentleman last up had stated two cases in which

petitions had been received without a commitment. He might have added a

third, more applicable to the present memorial. This was when a petition

was upon matter over which this House had no cognizance, especially if

it were of such a nature as to excite disagreeable sensations in one

part of the House, who were concerned in property which was already held

under circumstances sufficiently disagreeable. In such cases, they ought

at once to reject the memorial, as it would be misspending time to

commit it. If, for instance, a petition should be presented, complaining

that a person had refused to discharge an obligation to another, it

would be at once acknowledged that the House could not enforce the

obligation; but application must be made to a court of justice. So in

this case; the petitioners complain of a law of North Carolina. This

House, he said, could not change that law. If any thing was done there

contrary to right, the courts of that State, as well as those of the

United States, were open to afford redress. It was their business, and

not the business of that House. They did not come there to act upon

subjects agreeable to their feelings, but upon such as the constitution

had placed in their hands.

Mr. MACON said, there was not a gentleman in North Carolina who did not

wish there were no blacks in the country. It was a misfortune--he

considered it as a curse; but there was no way of getting rid of them.

Instead of peace-makers, he looked upon the Quakers as war-makers, as

they were continually endeavoring in the Southern States to stir up

insurrections amongst the negroes.[26] It was unconstitutional, he said,

in these men to desire the House to do what they had no power to do; as

well might they ask the PRESIDENT OF THE UNITED STATES to come and take

the SPEAKER'S chair. There was a law in North Carolina, he said, which

forbade any person from holding either a black or white person as a

slave after he had been set at liberty. The one hundred and thirty-four

negroes alluded to in the petition, he knew nothing of. In the war, he

said, the Quakers in their State were generally Tories. They began to

set free their negroes, when the State passed a law that they should not

set them free. If these people were dissatisfied with the law, they had

nothing to do but transport their negroes into Pennsylvania, where, the

gentleman from that State had told them, they would be immediately free.

This subject had already been before the House, but they declined doing

any thing in it. It was extraordinary that these people should come,

session after session, with their petitions on this subject. They had

put play-houses into their memorial; but they had nothing to do with

them. In this State, he believed, the Legislature had passed a law

authorizing them. It was altogether a matter of State policy. The whole

petition was, indeed, unnecessary. The only object seemed to be to sow

dissension. A petition could not come there touching any subject on

which they had power to act, which he should not be in favor of

committing; but this thing being wrong in itself, it was needless to

commit it, as no single purpose could be answered by it.

Mr. ISAAC PARKER was of opinion with the gentleman from Pennsylvania,

(Mr. GALLATIN,) with respect to the disposal of petitions. But it

appeared to him that the subject matter of all petitions should be

within the view and authority of the House; if not, to refer them would

certainly be a waste of time. He had attended to the petition, and he

did not think there was a single object upon which it was in their power

to act. Nothing was prayed for. The petitioners speak of the slave

trade, and, in general terms, of the immorality of the times, as

injurious to the state of society; and wish some means may be taken to

prevent the growth of them. To refer a petition of this sort, therefore,

to a committee would answer no purpose. He did not think they were more

obliged to take up the business than if they had read the address in a

newspaper.

Mr. BAYARD said it might be inferred, from the anxiety and warmth of

gentlemen, that the question before them was, whether slavery should or

should not be abolished. The present was, however, very remote from such

a question, as it was merely whether a memorial should be read a second

time. The contents of this memorial, he said, were right or wrong,

reasonable or unreasonable; if right, it was proper it should go to a

committee; and if wrong, if so clearly absurd as it had been

represented, where would be the evil of a reference for a report

thereon? He did not like things to be decided in the moment of passion,

but from the fullest consideration. In some countries they knew persons

accused of crimes were condemned without a hearing; but there could be

but one sentiment as to the injustice of such a proceeding. There could

be no objection, therefore, upon general principles, to the reference of

this petition. But it was said it was not to be sent, because of the

general habits of this society. He believed there was no body of men

more respectable; they were obedient, and contributed cheerfully to the

support of Government; and, either politically or civilly speaking, as

few crimes could be imputed to that body as to any other.

This memorial, he said, had been treated as coming from an Abolition

Society--it was a memorial of the General Meeting of the people called

Quakers; and if only out of respect to that body, it ought to be

referred. But it was said it did not contain matter upon which the House

could act. Gentlemen seemed not to have attended to the subject-matter

of the petition. He did not believe that the House had the power to

manumit slaves, but he believed there was not a word in the petition

which had a reference to slavery. The petitioners state, indeed, that a

number of negroes, not slaves, for negroes may be free, had been taken

again into slavery, after they had been freed by their masters. He

wished to know whether the House had not jurisdiction over this matter?

He was warranted by the constitution in saying they had, because that

instrument says that no State shall make _ex post facto_ laws. It

belonged to that House, therefore, to see that the constitution was

respected, as it could not be expected from the justice of the

individual States, that they would repeal such laws. It rested,

therefore, with the Government of the United States to do it. Mr. B.

read the clause of the constitution touching this matter, and concluded

by reminding the House that this was not an ultimate decision, but

merely a reference.

Mr. JOSIAH PARKER said he was always inclined to lend a favorable ear to

petitioners of every kind, but when a memorial was presented to the

House contrary to the nature of the government, he should consent to its

lying on the table or under it. No one, he said, could say they had a

right to legislate respecting the proceedings of any individual State;

they, therefore, had no power to decide on the conduct of the citizens

of North Carolina in the matter complained of. Petitions had frequently

come from Quakers and others on the subject; whereas this Government had

nothing to do with negro slavery, except that they might lay a tax upon

the importation of slaves. He recollected, when the subject was brought

before the House in the first Congress held at New York, wishing to put

a stop to the slave trade as much as possible, being a friend of

liberty, he took every step in his power, and brought forward a

proposition for laying a tax of ten dollars upon every slave imported.

It was not agreed to; but there was only one State (Georgia) in which

the importation of slaves was admitted. Since the establishment of this

Government, Mr. P. said, the situation of slaves was much ameliorated,

and any interference now might have the effect to make their masters

more severe. He knew of no part of the constitution which gave them

power over horse-racing and cock-fighting, nor could they interfere with

respect to play-houses; and where they had no right to legislate, they

had no right to speak at all. As the session had begun harmoniously, he

hoped that harmony would not be broken in upon by such applications as

the present. Mr. P. produced a precedent from the journals of 1792,

where a memorial of Warner Mifflin, a Quaker, after being read, was

ordered to lie on the table, and two days afterwards returned to the

memorialist.

Mr. NICHOLAS felt as much as other gentlemen from the Southern States on

the subject of the present petition, but his feelings did not produce

the same effect. He was not afraid of an interference from the United

States with their property, nor of any investigations or discussions

respecting it. He believed it would be to the honor of people holding

property in slaves, that the business should be looked into. He thought

such an inquiry would rather secure than injure their property. He did

not think it was the interest of slaveholders to cover improper

practices. He was satisfied, that in the part of the country where he

lived, there was no disposition to protect injuries--no disposition to

reject an inquiry, or to refuse to understand a complaint. They had been

told that the state of the negroes, whose cases were mentioned in the

memorial, might be produced by the fugitive law; they had before heard

that this law had operated mischievously. It ought, therefore, to be

inquired into. On inquiry, Mr. N. said, it would not be found the fault

of the Southern States that slavery was tolerated, but their misfortune;

but to liberate their slaves at once, would be to act like madmen; it

would be to injure all parts of the United States as well as those who

possess slaves. It was their duty, however, to remedy evils; they were

unfortunately placed in a situation which obliged them to hold slaves,

but they did not wish to extend the mischief. He should, indeed, be

sorry if his possessing property of this kind, obliged him to cover the

violation of another man's right; if this were the case, he should think

it necessary that his property should be taken from him. He did not

think it necessary, and he doubted not, if a fair investigation took

place, that this kind of property would be brought into the situation in

which every man of sense would place it. He was firmly of an opinion,

that to appear to be afraid of an inquiry would do more harm to this

property than a fair investigation. He trusted, therefore, the petition

would be committed.

Mr. BLOUNT hoped this memorial would not be committed. As this was not

the first time the society of Quakers had come forward with petitions to

the House, seemingly with no other view than to fix an odium on the

State of North Carolina, he thought it his duty positively to contradict

a fact stated in this memorial. It was stated that 134 persons, set free

from slavery in North Carolina, had been since enslaved by cruel

retrospective, or _ex post facto_ laws; they alleged that certain

members of their society had done what no person was permitted to do.

Mr. B. read part of a law of North Carolina, stating "that no negro or

mulatto slave shall be set free, except for meritorious services,

acknowledged by a license of the court; and when any person shall be set

free contrary to this law, he may be seized and sold as a slave," &c. He

also read a clause from another law, passed afterwards, stating that

several persons having set at liberty their slaves contrary to law, and

persons having taken up and sold them, are doubtful of the validity of

the sale, and that this law is passed to do away all doubts of such

validity. Mr. B. said these extracts proved the assertion untrue.

Mr. GORDON lamented that this discussion had taken place, as it was

certain that wherever interest is concerned, some degree of warmth will

be produced; and when a petition was brought forward which might affect

the property of many gentlemen in this House, and their constituents, it

could not be expected they would hear it with the same calmness with

persons wholly unconcerned about it. All that had been advanced in favor

of the second reading of the petition was, the respectability of the

persons presenting it, the opinion that would be entertained of the

petitioners, if their petition was not referred, and the merits of the

petition itself.

With respect to the persons of the petitioners, he felt inclined to do

them every justice; but he did not think this any reason for acting upon

their memorial, unless some good consequence could arise from it, any

more than if they were the vilest persons on earth. As to the opinion

that might be entertained out of doors, as the petition was not

examined, he was not afraid that the citizens of the United States would

believe that the House could be so far lost to its duty as not to look

into a question of this kind, but that it would be conceived, if

rejected, that they had nothing to do with it. The other reason, the

only material one, was to the merits of the petition. The gentleman from

Delaware, (Mr. BAYARD,) who had examined the business with much coolness

and ability, had stated that a certain _ex post facto_ law of North

Carolina had occasioned grievances. Admitting there was such a law, what

could the House do? Could they declare a law of North Carolina null and

void? There would be no utility in this; but if there was a law in North

Carolina that violated the constitution, there was a clear remedy in the

law which organizes the Judical department of the United States, in

which it is said, if any law of an individual State interferes with a

law of the United States, a person has a right to take advantage of the

law of the United States. There was no necessity, therefore, to call

upon Congress for a remedy against this law. Indeed, he saw nothing in

this memorial which called for their interference, and he was therefore

against a reference, as a further discussion of it would only produce

uneasiness in certain parts of the United States, without producing any

good.

Mr. RUTLEDGE observed, that notwithstanding all that had been said,

considering the present extraordinary state of the West India Islands

and of Europe, he should insist that "sufficient for the day is the evil

thereof," and that they ought to shut their doors against any thing

which had a tendency to produce the like confusion in this country. If

this were not done, the confidence of a great part of the Union in the

General Government would be weakened. In the Southern States, where most

of their property consisted of slaves, and where the rest was of no

value without them, there was already a prejudice existing that the

Northern and Eastern States were inimical to this kind of property,

though they were bound by the constitution from an interference with it;

but when they heard of the House giving countenance to a petition like

the present, it would increase their uneasiness. He referred to what had

fallen from the gentleman from Delaware respecting _ex post facto_ law,

and thought a court of justice the proper tribunal to settle that

business. Mr. R. said he was indisposed, notwithstanding the high

panegyrics which had been passed upon the body of Quakers, to withdraw

the censures he had cast upon them. The gentleman from New York had

doubted the charges which he had produced, and said such things could

never be attempted by the body. It was true, they did not come in a body

into his lodging to seduce his servant, but individuals did it. But why,

he asked, do these men come here in a body? Because they believe that

their presence will give more weight to their petition; so that they

appeared in bodies, or as individuals, to answer their purposes.

Gentlemen had charged the opposers of the petition with heat; he thought

there was as much heat on one side as the other.

Mr. EDMOND did not believe there was any real ground of irritation in

the question; as no gentleman could suppose they were about to do any

thing which was either unconstitutional, or which would affect their

property. Whether the persons who presented the memorial are virtuous or

vicious, was of no consequence, since justice was due to both classes of

men. They had brought a petition before them, and they ought to consider

it. It was addressed to their honesty or justice; if the facts were

claims upon their honesty or justice they should be attended to; and not

only attended to, but, if possible, relief granted. It was stated that

there were a number of persons held in bondage who were justly entitled

to liberty.

This fact called for examination; and a question arose, if it were

established, whether that House could afford redress. A gentleman from

North Carolina (Mr. BLOUNT) had stated that the fact was not true; it

was certainly, therefore, worth while to be inquired into. Another

gentleman had said, if the fact were as stated, they had no power to

act; and a third was of opinion that, by the constitution, redress might

be afforded. This diversity of opinion showed the necessity of an

investigation of the subject, in order to determine the jurisdiction of

the House. He wished it for another reason. It had been stated, that if

this petition were attended to, it would open a door to faction and

mischief. Can it have this effect? These people bring forward a petition

stating a number of facts; they certainly do not come forward for the

mere design of exciting disorder in any quarter. If the House say they

will throw their petition under the table, would not such treatment give

the factious some ground of clamor by which to sow dissension? But if,

on the contrary, they coolly looked into the petition, and reported

thereon, would it not stop the mouths of these people? It certainly

would; since they could not then say common justice was refused to the

petitioners. Again; having once investigated the subject fully, if

petitions of a similar kind should hereafter come forward, it would be

reasonably said, this matter has already been taken up and fully decided

upon; and, therefore, we will not again go into it. Until this was done,

the factious would doubtless have cause of complaint.

Mr. BLOUNT said, several gentlemen who had spoken on this subject seemed

to express themselves as if they believed there was no punishment for

individuals reducing to slavery persons who had been manumitted. He read

an extract from a law, passed in 1779, in North Carolina, by which the

punishment of death is awarded against such an offence.

Mr. MACON read the proceedings of the House on the petition respecting

the kidnapping of negroes, in order to show that the gentleman from New

York (Mr. LIVINGSTON) had misstated the issue of the business. The last

report on the subject was that it would be best to leave the regulation

of the subject to the Legislatures of the several States. Mr. M. allowed

that his reflections upon the whole body of Quakers were too general,

and he had no hesitation in retracting them; but he believed a number of

them were guilty of the charges brought against them by the gentleman

from South Carolina.

Mr. THATCHER said, if, when the motion was first made, he had been

against it, from what had fallen from gentlemen on the subject, he

should now be in favor of it; for, notwithstanding they opposed the

second reading of the petition, they were filing off in squads to read

it, and ready to fight for a sight of it. He believed, therefore, they

had some reasons for opposing the second reading, which did not appear.

He referred to what had been said by the gentleman from North Carolina,

as to the fact stated in the petition, and said that, notwithstanding

the laws which he had read, the fact might be true; but that this very

doubt about the fact was an additional reason for going into the

inquiry.

Gentlemen had said, however good and virtuous the petitioners might be,

it ought to have no effect upon the petition; if this were true, he

hoped when they were represented as the worst of men, that

representation was not meant to influence their decision on the

question. Mr. T. could not conceive for what purpose they were carried

to Europe, to witness the scenes which had taken place there for the

last ten years. Was this, he asked, the state of society? If he thought

so, if it had the faintest resemblance of what was taking place there,

he would fly from it to the uttermost parts of the earth, and there make

his habitation. Mr. T. wished an inquiry to take place; there was a part

of the United States in which slavery was tolerated--some of the members

from those parts thought it not right; there were other parts of the

Union which disclaimed it. These two opposing principles were like two

opposite powers in mechanism, which produced rest; but, the more

frequently the subject was looked into, the more mitigated would be its

effects.

The question was taken for the second reading of the petition, and

carried--53 votes being in the affirmative.

Mr. GALLATIN moved that it be referred to a select committee.

Mr. COIT wished it to be referred to the Committee of the Whole, to whom

was referred the petition on the subject of kidnapping negroes, &c.

Mr. RUTLEDGE thought a select committee would be best, as stage-plays,

cock-fighting, horse-racing, and other evils, would, of course, be

considered.

The question for reference to a select committee was put and carried--59

members being in the affirmative.

Five members being agreed upon to form the committee, the SPEAKER named

Messrs. SITGREAVES, NICHOLAS, DANA, SCHUREMAN, and S. SMITH, for the

purpose.

The House adjourned.

FRIDAY, December 1.

A new member, to wit: JOSEPH HEISTER, returned to serve in this House as

a member for the State of Pennsylvania, in the room of George Ege, who

has resigned his seat, appeared, produced his credentials, and took his

seat in the House.

Several other members, to wit: from Pennsylvania, ANDREW GREGG; from

Kentucky, THOMAS T. DAVIS; and from North Carolina, NATHAN BRYAN, and

DEMPSEY BURGES, appeared and took their seats in the House.

The Clerk then informed the House that he had heard from a member of the

Senate that the SPEAKER was indisposed; so much so that he was not able

to communicate his indisposition to the House in writing.

Mr. DENT said, this being the case, he should move that the orders for

this day be further postponed till Monday; which motion being agreed to,

the Clerk, on motion, adjourned the House till Monday morning, at 11

o'clock.

MONDAY, December 4.

THOMAS SUMTER, from South Carolina, appeared, and took his seat.

_Publication of Debates._

Mr. DWIGHT FOSTER presented the petition of Thomas Carpenter, stating

that he was the editor of the _American Senator_, published during the

session of Congress ending in March last; that, at the commencement of

that session, he presented a memorial to the House, praying its support

of his work; that the House had declined supporting it as a body, but

receiving individual assurances of support from many of the members, he

had been induced to engage in the work; but the event had proved

unfavorable to him. He hoped now, therefore, that he should be

recompensed, by the House engaging to take three copies for each member

of the work he proposed to publish this session, (provided he met with

the support he prayed for,) which, computing the session at eighteen

weeks, he supposed would not amount to more than $2,250.

Mr. D. FOSTER moved that this petition be referred to a select

committee.

Mr. COIT objected to a reference. The House, he said, had so often

determined to have nothing to do with the publication of the debates,

that he thought it time to have done with the subject. He hoped,

therefore, the petition might lie upon the table.

Mr. FOSTER and Mr. THATCHER spoke in favor of the committal; and the

motion was put and carried, and a committee of three members appointed

to report thereon.

THURSDAY, December 7.

_Amy Dardin._

Mr. T. CLAIBORNE said, that during the last Winter, a report had been

made by the Committee of Claims, on the petition of Amy Dardin,

unfavorable to the petitioner, which, after full discussion, had been

disagreed to by the House; and on the 24th of February a motion for

appointing a committee to bring in a bill for her relief was made and

committed to a Committee of the Whole, but for want of time had not been

acted upon. He now wished to bring the matter before the House, and for

that purpose moved that a committee be appointed to bring in a bill for

the relief of Amy Dardin.

This motion met with opposition. It will, perhaps, be recollected that

this, though a strong claim, in point of justice, is directly in the

face of the Limitation Act. Messrs. MACON, SITGREAVES, and HARPER,

wished the matter to go again to the Committee of Claims, as many

members now in the House were unacquainted with the merits of the claim;

and the latter gentleman, because he thought the House had been

surprised into a decision, contrary to fifty other determinations on

similar questions, which ought now to be reversed.

Mr. CLAIBORNE opposed this course, and trusted the House would again be

influenced by the justice of the claim, to act as they had heretofore

done, by passing a bill for the relief of the petitioner.

Mr. GALLATIN thought it would be best to commit the business to the same

Committee of the Whole to which they had yesterday referred a report of

the Committee of Claims on the subject of excepting a certain

description of claims from the operation of that act.

The business was, however, closed by Mr. CLAIBORNE'S withdrawing his

motion for the present.

MONDAY, December 11.

Two other members, to wit: JAMES GILLESPIE and JOSEPH MCDOWELL, from the

State of North Carolina, appeared and took their seats.

TUESDAY, December 12.

_Acts of Limitation._

Mr. GALLATIN called for the order of the day on the report of the

Committee of Claims, to whom it was referred to inquire into and report

on the expediency or inexpediency of designating certain claims against

the United States to be excepted from the operation of the acts of

limitation; which being agreed to, the House accordingly resolved itself

into a Committee of the Whole on the subject, Mr. DENT in the chair. The

report was read, as follows:

The Committee of Claims who were "instructed to inquire

into, and report on, the expediency or inexpediency of

designating certain claims against the United States, to be

excepted from the operation of the acts of limitation,"

report:

That, in obedience to the orders of the House, they have

made all the inquiries which to them appear necessary; that

they have attentively and deliberately considered the

subject referred to them; and are of opinion that it would

not be expedient to designate any species of claims against

the United States which are now affected by the acts of

limitation, to be excepted from the operation of those

acts.

In considering this subject, a review of the situation of

the United States, as respected their finances, during the

period when most of the demands originated, was requisite.

It was also necessary to ascertain what measures had been

adopted by Congress, both under the old and under the

present government, to bring all the demands against the

States to a liquidation and settlement.

It will be recollected, that, at the commencement of the

war, the United States were destitute of money; and during

a long period of years afterwards, were obliged to rely

principally on credit, for carrying on all their important

operations.

Having, at that time, no settled National Government, a

regular system for conducting public business, especially

money transactions, depending on credit, was not to be

expected.

Great numbers of individuals were necessarily invested with

the power of binding the public by their contracts. Almost

every officer of the Army, whether in the Commissary's

Department or otherwise, in different stages of the war,

had it in his power to contract debts legally or equitably

binding upon the United States. We find Congress, at

various times, during the war, endeavoring to make

arrangements which should prevent an undue use of the

powers vested in individuals, and the dangerous

consequences to which the Government was thereby

necessarily exposed. The acts of the 5th of March, 1779,

and of the 23d of August, 1780, were calculated to limit

the public responsibility in such cases. After the peace,

and under the old Government, periods were prescribed,

within which claims of certain descriptions, and finally

all unliquidated claims, were to be exhibited for

settlement, or to be for ever thereafter barred.

It must be acknowledged by all, that during those periods

every provision which could rationally have been expected

was made for the accommodation of individuals having claims

against the public, to enable them to obtain proper

settlements of their demands. The journals of Congress

under the confederation will abundantly justify this

remark.

Commissioners were appointed, with special or general

powers, to settle the claims of individuals in all the

departments; and, in every instance, the powers given were

plenary and explicit. Sufficient time was given for every

one to obtain information and pursue his remedy; and ample

opportunity was given for all to substantiate their claims,

or, at least, to present abstracts of them, which would

have prevented their being foreclosed by the acts designed

eventually to operate upon them. The cases cannot be

numerous, in which the want of opportunity to bring forward

claims can be justly pleaded as an excuse for the omission.

By the act of the 17th of March, 1785, all persons having

unliquidated claims against the United States were

required, within twelve months, to exhibit particular

abstracts of such claims, to some of the Commissioners in

the State in which they respectively resided, who were sent

and empowered to settle accounts against the United States,

under the penalty or condition that accounts not so

presented, should be thereafter settled only at the

Treasury.

By another act of Congress, of the same year, viz: November

2d, 1785, all persons having claims for services performed

in the military department, were directed to exhibit the

same for liquidation to the Commissioners of Army accounts,

on or before the first day of August, then ensuing. By that

act it was expressly resolved, that all claims, under the

description above mentioned, which might be exhibited after

that period, should be for ever thereafter precluded from

adjustment and allowance.

And it was provided, by the act of July 23d, 1787, that all

persons having unliquidated claims against the United

States, pertaining to the late Commissaries',

Quartermaster's, Hospital, Clothier's, or Marine

department, should exhibit particular abstracts of such

claims to the proper Commissioner appointed to settle the

accounts of those departments, within eight months from the

date of the said act; and all persons having other

unliquidated claims against the United States, were to

exhibit particular abstracts thereof to the Comptroller of

the Treasury of the United States, within one year from the

date thereof; and all accounts not exhibited as aforesaid,

were to be precluded from settlement or allowance.

These regulations were adopted by Congress under the old

Government. Great care was taken to have them extensively

published, so that every individual who was interested

might be informed of their existence and operation.

Under the present constitution there has not been wanting a

disposition to relieve certain individuals whose claims

were considered as peculiarly meritorious, which had been

affected by the acts above recorded.

With this view, in March, 1792, two several acts of

Congress were passed, suspending for two years the

operation of the resolutions of Congress of November 2d,

1785, and July 27th, 1787, so far as they had barred or

might be construed to bar the claims of the widow or

orphans of any officer of the late army, to the seven

years' half pay of such officer; or the claims of any

officer, soldier, artificer, sailor, and marine, of the

Army of the United States, for personal services rendered

to the United States in the military or naval departments.

In consequence of these suspensions, many claims were

exhibited, and allowed against the Government. There is

reason to apprehend, in some instances, the public were

defrauded for want of proper pre-existing checks and

evidences of payments being made. This suspension continued

for the term of two years, which was till March, 1794. In

the mean time, viz: on the 12th of February, 1793, the act

"relative to claims against the United States, not barred

by any act of limitation, and which had not been already

adjusted," was passed by Congress, after a serious and

attentive consideration of the subject.

By that law it was provided, "that all claims upon the

United States for services or supplies, or for other cause,

matter, or thing, furnished or done, previous to the 4th

day of March, 1789, whether founded upon certificates,

written documents from public officers, or otherwise, which

had not already been barred by any act of limitation, and

which should not be presented at the Treasury before the

first day of May, 1794, should for ever after be barred and

precluded from settlement or allowance." But this was not

to be construed as affecting Loan Office certificates,

certificates of final settlements, indents of interest,

balances entered on the books of the Register of the

Treasury, registered certificates, foreign loans, or

certificates issued under the act making provision for the

public debt of the United States.

One other act, passed the 3d day of March, 1795, provided

that Loan Office certificates, final settlements, and

indents of interest, then outstanding, should be presented

at the office of the Auditor of the Treasury, on or before

the first day of January, in the present year, 1797, or be

for ever after barred or precluded from settlement or

allowance.

The summary contains a general view of the principal acts

of limitation, by which claims against the public have been

affected.

From an attentive consideration of them, and of the

circumstances under which they were enacted, the committee

are fully impressed with an opinion that it would not be

expedient to suspend their operation.

Some remarks extracted from a report heretofore made to

Congress, are subjoined by the committee, as pertinent to

the subject.

It was essential to the public administration that the

extent of just demands upon the Government should be,

within a reasonable period, definitely ascertained. It was

essential to public safety and to right, in relation to the

whole community, that all unsettled claims should be made

known within a time when there were yet means of proper

investigation, and after which the public responsibility

should terminate, and the possibility of charging the

Government by collusive and fictitious contracts, should be

at an end.

The justice as well as policy of acts of limitation, under

such circumstances, cannot be doubted.[27]

The situation of no country ever presented a more clear

necessity for, or a more competent justification of,

precautions of that nature. And all the reasons for

adopting them operate to recommend unusual caution in

departing from them, with the additional force of this

circumstance, that the subsequent lapse of time has

increased the difficulties of a due examination.

The accounts of a considerable number of officers, who had

it in their power to bind the public by their contracts,

and who were intrusted with large sums of money for

fulfilling their engagements, remain unsettled. Some of

those persons are dead; others have absconded; the business

has been conducted by others with so little order as to

put it out of their power to render a proper statement of

their transactions. The books and papers of others, who had

extensive trusts, have been destroyed, so as to preclude

the possibility of settlement. Hence it must appear that

the Government would, in a great number of cases, be

destitute of the means of repelling unfounded and even

satisfied claims, for want of documents and vouchers, which

only could have resulted from a due settlement with those

officers, and from the possession of their books and

papers.

It might be inferred without proof, and it has appeared in

the course of business at the Treasury, that it was a

practice with certain public officers, on obtaining

supplies, to give receipts and certificates for them, and

when they made payments, either partially or totally, to

take distinct receipts from the parties, without either

endorsing the payment upon the original vouchers or

requiring a surrender of them.

Hence it would often happen that parties could produce

satisfactory vouchers of their having performed services

and furnished supplies, for which, though satisfaction may

have been made, the evidences of it would not be in the

possession of the Government. And hence, from relaxations

of the limitation acts, there would be great danger that

much more injustice would be done to the United States than

justice to individuals.

The principles of self-defence, therefore, require and

justify an adherence to those acts generally; and there are

not any particular species of claims, which, in view of the

committee, ought to be exempted from their operation.

Those which have been most frequently referred to by some

members of the House, are such claims as include the

arrearages of pay and other emoluments to officers and

soldiers of the late army, &c.

Pursuant to an order of the House at the first session of

the present Congress, a report was made to them, having

special reference to this subject. It was considered in

Committee of the Whole, and agreed to by the House on the

fifth day of February, 1796. To that report and the

documents accompanying the same, the committee ask leave to

refer the House, and respectfully submit the whole subject

to their consideration.

WEDNESDAY, December 13.

JOHN WILKES KITTERA, from Pennsylvania, appeared, and took his seat in

the House.

FRIDAY, December 15.

A new member, to wit, PELEG SPRAGUE, from New Hampshire, in place of

Jeremiah Smith, resigned, appeared, produced his credentials, was

qualified, and took his seat.

THURSDAY, December 24.

_Amy Dardin._

Mr. T. CLAIBORNE moved that the report of the Committee of Claims, on

the petition of Amy Dardin, be referred to a Committee of the Whole.

The SPEAKER said, that the report having been negatived at a former

session, and a bill brought in for her relief, but not decided upon, the

proper motion would be to appoint a committee to bring in a bill.

Mr. CLAIBORNE made that motion, which Mr. COIT moved to be referred to

the Committee of Claims, in order that they might report the facts

relative to the case, which were not generally known.

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