JOHN ADAMS.

UNITED STATES, _June 5, 1798_.

The said Message, and communications referred to therein, were read, and

ordered to lie on the table.

WEDNESDAY, June 6.

Mr. ALLEN proposed a resolution to the following effect:

"_Resolved_, That there shall be a call of the House at

half past eleven o'clock every day on which the House shall

sit during the present session."

Ordered to lie on the table.

_Relations with France._

Mr. D. FOSTER laid the following resolutions upon the table, viz:

"Whereas the French Republic, regardless of those

principles of good faith which ought to ensure a due

observance of treaties, have, in various instances,

violated the express stipulations of the treaties

heretofore made and subsisting between the United States

and the French nation, in a manner highly injurious to the

interest and honor of the United States; by reason whereof

the United States are released from all obligation on their

part to respect the said treaties, or to consider

themselves as holden or bound thereby.

"_Resolved_, That it is expedient to make a Legislative

declaration notifying the citizens of the United States,

and all others concerned, that the said treaties are no

longer obligatory upon the United States.

"_Resolved_, That provision ought to be made by law,

authorizing the PRESIDENT OF THE UNITED STATES to grant

letters of marque and reprisal against all ships and other

vessels, with their cargoes, found on the high seas,

sailing under the authority of the French Republic, or

belonging to the said Republic, or any of the citizens

thereof, or its dependencies; to continue and be in force

until the French Government shall revoke and annul the

orders and decrees authorizing the capture and detention of

the vessels and property of the citizens of the United

States, contrary to the laws of nations.

"_Resolved_, That provision ought to be made by law

granting a bounty, in proportion to the size and number of

guns, on all armed vessels (which shall be taken and

brought into any of the ports of the United States)

belonging to the Republic of France, or to any of the

citizens thereof, or of its dependencies, or to others

sailing under the authority, or pretence of authority, from

the said Republic."

They were ordered to lie upon the table.

FRIDAY, June 8.

_Letters of Marque, &c._

Mr. D. FOSTER then called up his resolutions relative to granting

general reprisals, letters of marque, &c., which, being read, he moved

to refer to the Committee for the Protection of Commerce and the Defence

of the Country, with power to report by bill or otherwise.

Mr. DAVIS hoped these resolutions would not be referred. It appeared

very strange to him that gentlemen should be desirous of taking this

step at present. He had heard much in this House about French parties,

and of gentlemen being attached to France, but he thought the House had

witnessed, not many minutes ago, something of another party, (referring

to the negative which had been put upon the resolution calling upon the

PRESIDENT for information respecting British depredations.) And yet,

when we have lately received information from France that peace is

probably yet within our grasp, a motion is brought forward which, if

adopted, would effectually shut out all hopes of a favorable termination

of our dispute. In the conclusion of the late despatches, he read as

follows:

"As we were taking our leave of Mr. Talleyrand, we told him

that two of us would return immediately, to receive

instructions of our Government, if that would be agreeable

to the Directory; if it was not, we would wait some time,

in the expectation of receiving instructions."

So, that two of our Commissioners might be expected shortly to return,

to lay certain propositions before the Government here, or that they

will write for farther instructions; and, whilst these things are

pending, can a proposition like the present be justified? He thought

not. It was not, in his mind, a declaration of war; but it was evidently

a war measure. And when it is evident, from our Envoys' own showing,

that the negotiation between them and the Minister of Foreign Affairs in

France was in train on the 8th of March, the date of their last

despatches, as certain propositions had been made to them which were not

rejected, he thought it would be extremely imprudent to refer

resolutions of so hostile a kind as these certainly are. It would be

time enough, Mr. D. said, to adopt a measure of this kind when our

Envoys shall have informed us that peace is unattainable; but, whilst

they held up a contrary expectation, he could not consent to do any

thing which should cast wholly away the hope of preserving a state of

peace. With respect to the first resolution, which declares the treaty

between France and this country void, he had not much objection to it,

because it must be so considered from the laws already passed; but those

which respect the granting letters of marque and general reprisals, he

thought very objectionable indeed.

Mr. HARPER said, if the arguments of the gentleman from Kentucky were

well founded, he had not introduced them at the proper time. If he views

the state of our negotiation with France in the light which he had

placed it, his objections to this measure are natural and consistent;

but they ought to be made, when a bill is brought in, against its being

read a second time; or if the motion had now been to adopt the

resolutions instead of referring them, the remarks which he had made

would have been perfectly in order; but that gentleman must know that

there is a great difference between committing and agreeing to adopt a

resolution. He would confess that he, for one, should not now be ready

to agree to any of those propositions, though a fortnight hence he might

be willing to adopt them all. If the motion was, therefore, for

adopting, instead of referring them, he should move a postponement, or

the previous question, or take some other mode of disposing of them; but

when the motion was merely to refer them to a committee who might report

upon them immediately, or let them lie until farther information was

received from our commissioners; or, if they report a bill, that bill

might lie until gentlemen thought proper to pass upon it. He did not,

therefore, see any ground for the alarm which the gentleman from

Kentucky has shown. He confessed he could not look upon our negotiation

with France as in the happy train in which it appears to that gentleman.

He knew we might have peace, if we would consent to have our property

plundered _ad libitum_; or by paying a contribution to the full amount

of our ability to pay, which were the terms that Talleyrand and his

agents had offered to our Envoys; and this loan was made a _sine qua

non_ by Talleyrand. He could not tell, therefore, how the gentleman from

Kentucky could conceive the negotiation to be in good train, except he

is willing to pay the tribute which France demands from us.

Mr. VENABLE said, the gentleman last up had drawn a distinction between

committing these resolutions and agreeing to them, and had said that he

himself is not ready to agree to them. Mr. V. thought resolutions of

this kind ought not to be laid upon the table before the House is ready

to decide upon them, as the moment the foreign nation to which they have

reference hears that such resolutions have been brought forward, they

will take advantage of it, and seize all the property belonging to our

citizens within their power. If the resolutions are not proper,

therefore, to be adopted, they ought immediately to be rejected; for, if

this is not done, we may expect that not only all the property of our

citizens in French ports will be seized, but that all our vessels

without exception which can be met with will be taken. He hoped,

therefore, if gentlemen are of opinion with him that the time for taking

measures like the present is not yet arrived, that the reference would

be refused. It would do infinite mischief. We ought not, he said, to

show a spirit of this kind, until we are perfectly prepared to act. And

as he believed the House is better calculated to judge of the propriety

of thus changing the situation of the country, than any committee could

be, he should not choose to ask the opinion of the Committee for the

Protection of Commerce and the Defence of the Country what he should do

in this case.

Mr. R. WILLIAMS observed, that the gentleman from South Carolina seemed

to argue in favor of committing these resolutions, as if no time would

be so proper for doing so as the present. But he believed this House

would be equally capable of judging of this matter hereafter as at

present, and could act upon them in future as well as now. Why, then,

ought the House now to refer them, when even the gentleman from South

Carolina says he is not prepared to vote for them; but that if he were

called upon now to vote upon them, he should give his negative on the

question?

It appeared to him, Mr. W. said, that the reference of these resolutions

could have no other appearance than that of a challenge, and will

doubtless produce the consequences which have been mentioned by the

gentleman from Virginia. And however their vessels may have depredated

upon our commerce, and suffered their citizens to plunder us at sea,

they have not gone so far as to make it a national act to seize all the

property of our citizens within their power. He was, therefore, opposed

to this reference: for though, whenever the time of actual war shall

arrive, (for it seemed as if it must arrive,) we shall think it

necessary to do France all the mischief we can, yet he did not think it

would be prudent to tell them we mean to injure them in this or that way

beforehand.

Mr. HARRISON believed, that to refer these resolutions would be to give

them a degree of sanction; and as he looked upon the question as very

important, he should call for the yeas and nays upon it. They were

agreed to be taken.

Mr. GALLATIN said, it appeared to him that the committee to whom it is

proposed to refer these resolutions might, without this reference, have

brought the subject before the House, as they are appointed to consider

whatever relates to the protection of commerce and the defence of the

country. The reference must mean something more, therefore, than a mere

instruction to them to consider the subject, because they have already

those instructions given to them generally in their original

appointment. What, he asked, could be obtained by a vote on this

subject? He was at a loss to know. He could see no possible good to be

derived from it. He wished, indeed, the committee to whom it is proposed

to refer these resolutions, instead of doing the business committed to

them by piecemeal, in the manner which they had adopted, had laid before

the House at once a complete general plan of defence consistent with the

present situation of the country. A majority of this House seem not only

ready to take every defensive measure, but, in a certain degree,

offensive measures also. This having been once determined, the committee

might very well prepare such a plan. Such a plan would be more

consistent and uniform, than if individual members were left to bring

forward any measures which it may strike them as necessary to be taken.

Of what use, Mr. G. asked, had been the reference of a set of

resolutions made some days ago by Mr. SITGREAVES? No report has been

made upon them. A part of them were of the same nature with these, and

would authorize a report on this subject, if the committee had not the

general power already mentioned.

So far as any conclusion could be drawn from the despatches of our

Ministers, he confessed he had no great hopes of our negotiation with

France being concluded in an effectual manner. He saw a kind of

negotiation open between our Envoys and the French Minister for Foreign

Affairs. He saw that the latter had asked for a loan; a demand

inadmissible by our Envoys, since it was contrary to their instructions;

a demand inadmissible from any instructions they might hereafter

receive, for the sentiments of the Executive on that subject were well

known; and, he would add, a demand inadmissible in its very nature,

inadmissible in the opinion not only of this House, but of every

individual in the House. So that, as long as that demand was insisted

upon, no accommodation could be effected. But it must have been

remarked, in the late despatches, that when our Envoys inquired of Mr.

Talleyrand whether a loan of money was the ultimatum of the French

Government, he did not choose to give a direct answer. This shows it to

be possible that this demand may not be their ultimatum; and if not, as

we have heard it reported, (though not officially,) that one of our

Commissioners still remains in Paris, it would not be prudent to take

any step that would defeat any treaty which might be in contemplation.

Mr. W. CLAIBORNE hoped the motion for postponement would prevail, for,

though a reference of those resolutions would not be a complete sanction

of them, he should consider it as a prelude to a speedy adoption. His

observation on the past proceedings of the House justified this remark.

Mr. C. differed in opinion from the gentleman from North Carolina as to

the power of Congress with respect to treaties. He believed Congress has

a right to do away any treaty by a Legislative act; if not, he should

think he lived under the most miserable Government upon earth.

What, said Mr. C., is the nature of the injuries which we have received

from France? Have they not been wholly maritime? and have we not done

all we can conveniently do for the defence of our commerce? Was not all

our marine force already under such regulations as to be enabled to act

to great advantage in the prevention of future outrages on our commerce?

Why, then, shall we proceed to measures which must inevitably involve

the country in war? Will the adoption of these resolutions give us a

single ship or gun? No. Why, then, widen the breach between the two

countries, by acting upon a measure more replete with impolicy than any

act he ever saw introduced into that House. If it were adopted, it would

go to the destruction of our commerce with several of the great

commercial powers; for the moment war is declared with France, we shall

also be at war with Spain and Holland, her allies. And when a war with

Spain shall take place, the commerce of the Southern States and Western

country will be immediately gone, and all our vessels in French, Dutch,

or Spanish ports, will doubtless be confiscated. These, he said, were

evils which he foresaw would attend the adoption of these resolutions,

and he called upon the mover to show a single advantage which could be

derived from their adoption. He hoped, therefore, the question would be

postponed for a week; and if, at the end of that period, nothing shall

have transpired which will make their adoption proper, he trusted they

would then be farther postponed. If France is determined to have war

with us, we must and will defend ourselves; but he was desirous that no

act of ours should show that we ourselves wish for war.

Mr. SITGREAVES did not feel very solicitous whether the reference of

these resolutions should or should not be postponed for one week, as he

did not think so short a time would make any essential difference in the

state of things; but, as he knew no good purpose that could be answered

by the postponement, he should vote against it. He rose to offer his

reasons in favor of the reference, generally.

His colleague (Mr. GALLATIN) had fallen into two mistakes; he had said

that these resolutions are of the same nature with those which he (Mr.

SITGREAVES) had the honor, some days ago, to lay before the House; and

that the committee, to which the resolutions are proposed to be

referred, have, at present, all the power which this reference would

give them. He was not correct, in the first place, in saying that these

resolutions are of the same nature with those formerly submitted. The

former propositions suggested a course of special reprisal, in cases

limited and defined; the present propositions are for letters of general

marque and reprisal, which modes of proceeding are essentially different

in their nature and their incidents, in their theory and practice. The

present propositions, also, recommend a declaration on the subject of

the treaties, to which the former ones made no allusion. He believed his

colleague to be equally mistaken in his other assertion, that the

committee had already power to report to the extent of these

resolutions, if they should deem it expedient. Their general power was

to consider and report upon so much of the PRESIDENT'S Speech as relates

to the protection of commerce and defence of the country; and this

authority, when construed with relation to the Speech, cannot be

considered as going beyond the measures of defence, strictly compatible

with the neutral position in which we stood at the commencement of the

session; and could not, without an express reference, justify the

committee in proposing broad measures of hostility. This, however, is a

question of form merely. If the committee have already the power, the

reference proposed can do no mischief; if they have it not already, it

remains to inquire whether they ought not to have it. He conceived they

ought.

Mr. BALDWIN said, that nothing was more certain than that individual

members could not vote to refer a motion to a committee, as was now

proposed, unless at the time they feel themselves favorably disposed to

the object of the motion, and vote to refer it to a committee to further

that object, and to give it practicable shape and form. The gentleman

who had just sat down should reflect, that referring petitions is a

matter of course, and is established by usage as a respectful form of

receiving and hearing the applications of our fellow-citizens. The

introduction of a petition requires no second; but a motion made and

seconded, is to be regarded as a step in the actual operations of the

House. For himself he must say that, with respect to the present motion,

it required no time for him to be ready to declare, that he was not now

favorably disposed towards it, and could not, in any shape, now give it

his countenance and support.

When he reflected on what they had done in the small space of a few

weeks, and the course of measures which had been adopted by Congress

since the receipt of the despatches from our Envoys, he thought they had

come on, one upon another, in a succession sufficiently rapid. They

must, in their nature, greatly affect the state of the country, perhaps

more than was ever done before in so short a time. He thought it would

be wise in the House, at present, to make a short pause, before they

proceeded any further. It is a subject on which all Governments are apt

to err, and to proceed too rapidly. Let us, said he, take a little time

to ourselves, and give some time to our constituents, to look at our

interests, and the state of our public affairs, in the new posture which

we have given them in the course of a few weeks.

Our measures, he said, divided themselves into three classes; first, the

internal defence of our country and of our sea-coast. On this there had

been no difference of opinion; we had adopted, promptly, the same course

of measures which had been adopted a few years ago, when we were

threatened by another European power; we had fortified our ports and

harbors, fixed row-galleys and other vessels on our coast, and ordered a

draft of eighty thousand militia to hold themselves in constant

readiness; and ordered a million of dollars to be expended, in procuring

arms, cannon, and ammunition, to be placed all along the country in

proper situations, that they may be put into use by such of our

fellow-citizens as should be driven to the unfortunate necessity of

defending themselves by arms. He had been glad to see such a perfect

unanimity in those measures, and such a readiness, on all quarters, to

vote even larger sums than were recommended in the reports for these

purposes. This course of measures was founded on principles merely

defensive, and related only to our own country, and our own coast within

cannon shot from our shores, which, by the law of nations, is called our

territory; he trusted what had been done, accompanied with the spirit

and resolution of our countrymen, would render our country impregnable.

The second course of measures, which he said had also been adopted, was

extending our military preparations, and carrying our force beyond our

own jurisdiction, on the main ocean, to defend our commerce by convoys,

and to seek for and capture French privateers. On these the House had

not been unanimous; they had appeared to be founded on more questionable

policy; but, as the laws were passed, they would not only be cheerfully

submitted to, but as vigorously supported as the others; it was now his

duty to hope and expect that they would do more good than harm.

The third and last course of measures, was presented to our

consideration by the present motion, to put the country immediately

into an actual state of war. He must say he had been surprised to hear

it; he thought it very ill-timed; he must express upon it his utter

disapprobation. As had been already stated, the last official

information from our Envoys, showed that our negotiations were still

going on; and though the French Minister still insisted on a compulsory

loan, which our Ministers justly declared to be a very inadmissible

condition; yet, it ought to be noticed in the despatches that, when he

was asked by Mr. GERRY, if they were to consider him as insisting on a

loan as an ultimatum, he avoided the question, which gives reason to

believe that, as things then stood, a loan or war was not an absolute

inevitable alternative; it was such an alternative as he was not

disposed to take, so long as it was avoidable. Though our situation has

been, in many respects, bad for the year past, yet in a state of actual

war it will be much worse. He never turned his attention to the part of

the country where he lived, but that he felt himself compelled, by every

principle of duty to those whom he represented, to address and to urge

every consideration to avoid going to that extreme. They have been once

almost totally destroyed by war; they know, from their distance and from

past experience, that prompt and adequate protection never will be

extended to them. He believed no honest man, deliberating merely for the

public good, could take a view of the affairs of this country, of his

own home, and of his friends, and think of going into a state of war, if

it is possible to avoid it.

Mr. DANA hoped the gentleman from Georgia did not want to inquire of his

constituents whether they would consent to a treaty with France, in

which we shall bind ourselves to pay a tribute. He trusted if that

gentleman's constituents were thus to instruct him, he would refuse to

obey their instructions. He hoped no member of this House could be

prevailed with to set his hand to what would prove the death-warrant to

the liberties of the country. Mr. D. thought, therefore, that no

instructions were necessary on this subject; it is not a subject proper

for deliberation in the American Congress, and no other terms of

accommodation had been held out to us by that country. Does not Mr.

Talleyrand, said Mr. D., complain of the Farewell Address of General

Washington, and of the Speeches of Mr. Adams, and say that, before any

treaty can be entered upon with us, some proof of our friendly

disposition must be shown towards them, and that proof, he more than

insinuates, must be a loan, or a tribute to the extent of our capacity

to pay? If the despatches do not mean this, he did not know what they

mean; and when Mr. Talleyrand was asked whether this was the ultimatum

of the French Government, though he does not answer in direct terms, it

is clearly implied that it is so.

What, then, said Mr. D., are our hopes relative to France? Does any body

expect any thing from the terrible generosity of the Great Nation? Can

we expect any thing from their justice, or, rather, have we not every

thing to expect from their vengeance, if not prepared to meet it? Why do

gentlemen tell the House of the danger of irritating France? He thought

delicacy of this kind unnecessary, when speaking of a nation which has

set at defiance every moral principle, which has taken and is determined

to take our vessels, contrary to every principle of right. For himself,

he felt no such delicacy; and, therefore, he was in favor of referring

the resolutions under consideration. He did not think them so

notoriously wrong that they are not fit subjects for deliberation.

Mr. J. WILLIAMS wished to say a few words in reply to the remark which

had been made, that members who voted for the reference of resolutions,

generally vote for the resolution itself. He believed he could produce

twenty instances to the contrary, where references had been made, and

the measures themselves afterwards have been disagreed to. He should

give his vote in favor of the committal, because he wished to see the

principles of these resolutions detailed; but he by no means pledged

himself to vote for the passage of the bill.

The gentleman from Kentucky had spoken of two parties in this country,

but that the decision upon a resolution of this morning proved that

there is now a third party. He supposed the gentleman who had made the

motion alluded to would have given some reasons why it ought to be

agreed to; but not having done that, he voted against it.

[The SPEAKER reminded Mr. W. of the question.]

He then observed in reply to the remark of the gentleman from North

Carolina (Mr. R. WILLIAMS) with respect to treaties, that it was clear

from the writers on the laws of nations, that when one nation breaks a

treaty, it is no longer obligatory on the other party. But treaties are

nowadays done away, and power substituted in their place.

According to the opinion which gentlemen had themselves expressed,

Congress had already agreed to form different measures, which would

involve the country in war. If the present bill was passed (and he

doubted not it would be) it will be the fifth, though the gentleman from

Pennsylvania has said that this reference will give the Committee for

the Protection of Commerce and the Defence of the Country no new power,

and of course, in his opinion, it could make no difference whether these

resolutions are referred or not.

The yeas and nays were taken, and the question was negatived--42 to 41,

as follows:

YEAS.--John Allen, Bailey Bartlett, James A. Bayard, David

Brooks, Christopher G. Champlin, James Cochran, William

Craik, Samuel W. Dana, John Dennis, William Edmond, Abiel

Foster, Dwight Foster, Jonathan Freeman, Henry Glenn,

Chauncey Goodrich, Roger Griswold, William Barry Grove,

Robert Goodloe Harper, William Hindman, Hezekiah L. Hosmer,

James H. Imlay, John Wilkes Kittera, Samuel Lyman, William

Matthews, Lewis R. Morris, Harrison G. Otis, Isaac Parker,

John Read, John Rutledge, junior, James Schureman, Samuel

Sewall, Thomas Sinnickson, Samuel Sitgreaves, Nathaniel

Smith, George Thatcher, Richard Thomas, Mark Thompson,

Thomas Tillinghast, John E. Van Allen, Peleg Wadsworth, and

John Williams.

NAYS.--George Baer, jun., Abraham Baldwin, David Bard,

Lemuel Benton, Thomas Blount, Richard Brent, Stephen

Bullock, Dempsey Burges, John Chapman, Thomas Claiborne,

William Charles Cole Claiborne, John Clopton, Joshua Coit,

Thomas T. Davis, John Dawson, George Dent, Albert Gallatin,

James Gillespie, Andrew Gregg, John A. Hanna, Carter B.

Harrison, Jonathan N. Havens, Joseph Heister, David Holmes,

Walter Jones, Matthew Lyon, Nathaniel Macon, Blair

McClenachan, Joseph McDowell, John Milledge, Anthony New,

Josiah Parker, William Smith, Richard Sprigg, jr., Richard

Stanford, Thomas Sumter, Abram Trigg, Philip Van Cortlandt,

Joseph B. Varnum, Abraham Venable, Robert Williams, and

Matthew Locke.

Mr. SITGREAVES moved to postpone the consideration of these resolutions

for two weeks, which motion was seconded by Mr. J. PARKER.

Mr. VENABLE inquired whether it was in order to take any further

question upon the resolutions, the original motion having been

negatived.

The SPEAKER answered, that the question on reference having been

disagreed to, the resolutions themselves are now before the House.

Mr. VENABLE said, he had thought it was not in order to enter again upon

the consideration of these resolutions, after the question which had

been taken upon them. He knew that, to suffer them to lie on the table,

could have no effect upon the people of this country, but it might have

effect on the conduct of a foreign nation, as, when they heard such

resolutions were under consideration, and of course likely to be

adopted, they might anticipate their being carried into law, and proceed

to seize the property of our citizens in their ports. If this motion

were to be negatived, or withdrawn for the present, it might be brought

forward again, whenever gentlemen shall think it ought to be adopted. He

was as much opposed to the suspension, as he was against the reference

of these resolutions.

Mr. MACON hoped the consideration of these resolutions would not be

postponed. It was a little curious that a gentleman who was a few

minutes ago against a postponement for a week, was now become an

advocate for a postponement for a fortnight.

The SPEAKER said, the two questions were different.

Mr. RUTLEDGE rose to make this observation: That members opposed to the

former motion for postponement, when a mere question of reference was

under consideration, might with propriety be in favor of it when the

question comes to be final upon the resolution.

Mr. R. wished gentlemen to use their victory with moderation. He

believed the country was big with expectation that spirited measures

would be entered into. He did not believe they approved of the

half-measures which Congress took. Indeed, the countries which France

had overcome, had been overcome chiefly from their taking half-measures

while France had taken whole measures. He hoped the postponement would

be agreed to; as if the next advices from our Envoys are not more

favorable than the last were, he supposed there could be no hesitation

in agreeing to have these resolutions carried into effect, and to reject

them would have a mischievous effect.

Mr. LYON called for the yeas and nays on the question, but as one fifth

of the members present did not rise in favor of it, the question was not

carried.

Mr. DAVIS wished the mover to withdraw his resolution.

The question on postponement was put and carried--44 to 40.

_Alien Enemies, &c._

Mr. SEWALL, from the Committee for the Protection of Commerce and the

Defence of the Country, reported the bill respecting alien enemies,

newly modified, which was some days ago recommitted to the committee for

that purpose. Also, a bill authorizing merchant vessels to defend

themselves against French depredations. This bill authorizes the

commanders and crews of merchant vessels to oppose the attack or search

of any French armed vessel, and to repel any such search or attack by

force, and to capture the vessels making such attack. All such captures

to go--one-half to the owner of the vessel making the capture, and the

other half to the captors. No armed merchant vessel to be suffered to

clear out but such as is owned by citizens of the United States, who,

together with the commander, shall enter into bond that she shall not

commit any outrage against the vessels of any nation at amity with the

United States, and that said vessel shall not, during her voyage, carry

any articles contraband of war.

A bill was received from the Senate entitled "An act concerning aliens."

This bill goes to authorize the PRESIDENT OF THE UNITED STATES to order

all such aliens as he shall deem dangerous to the United States to

depart out of its territory; and if, after such order, any such alien

shall be found at large, he shall be imprisoned for three years, and for

ever after deprived of the privilege of becoming a citizen of the United

States. And if any alien shall return to this country, after he shall

have been sent out of it, he shall be imprisoned and kept to hard labor

for life. And all commanders of vessels who shall arrive in any of the

ports of the United States after the 1st day of July next, shall make a

report in writing of all aliens who shall come passengers on board their

vessels, giving an account of their age, profession, description of

their person, &c., on pain of forfeiting three hundred dollars.

These bills were severally made the order of the day for Monday.

SATURDAY, June 9.

Mr. J. PARKER moved that the bills, with the amendments of the Senate to

them, for altering the time of entering stills, and for the more

effectual collection of the internal revenues, be referred to a select

committee. Agreed to.

The House spent the remainder of the day principally in going through a

very long bill to provide for the valuation of lands and dwelling

houses, and the enumeration of slaves within the United States,

previously to the laying a direct tax on them. The bill was gone through

in the Committee of the Whole, without any debate of consequence, except

as to what related to filling the blanks intended to contain the amount

to be appropriated for carrying the law into execution, the salary of

the Commissioners, Assessors, &c. The committee had leave to sit again.

No other business of importance was done this day.

MONDAY, June 11.

Mr. HARPER, from the Committee of Ways and Means, reported a bill

providing for the enumeration of the inhabitants of the United States;

which was committed for Wednesday.

WEDNESDAY, June 13.

_Direct Taxes._

The bill providing for the valuation of houses and lands and the

enumeration of slaves within the United States, was then read the third

time, and upon the question being put "Shall this bill pass?"

Mr. DAVIS said, he was under the necessity of opposing the passage of

this bill. No part of the community would contribute more cheerfully, to

the extent of their ability, to the support of the General Government,

than his constituents; but, from the knowledge he had of their

situation; of the scarcity of circulating medium amongst them; and from

the want of a market for their surplus produce, he could not give his

vote in favor of a tax, which it would be with great difficulty they

would be able to pay. The people of Kentucky, he said, had produce of

every kind, in abundance, but they want a market for it. The Mississippi

had lately promised a medium through which to transport it, but as yet,

little advantage has been derived from it; and whenever a war shall take

place, it may be expected that they would be deprived of the advantages

which the free navigation of that river promises to the Western country.

Mr. D. said, when he came from home he did not think the coin in

circulation, in Kentucky, amounted to $10,000; and, since that period,

he was informed that money had become still more scarce. If he thought

the tax would be paid without great difficulty he would have cheerfully

voted for it; but believing the contrary, he was constrained to give his

vote against it.

Mr. W. CLAIBORNE said, the people of Tennessee are, in a great degree,

similarly situated with those of Kentucky. Every one enjoyed the

necessaries of life, but few of them experience those conveniences which

flow from wealth. Money is a scarce article amongst them; and when he

reflected upon the present situation of things, and the probability

there is, that the avenue which was lately opened for the disposal of

the surplus produce of the State would soon be closed, he feared his

constituents would be illy able to pay this tax. But if, as the

gentleman from North Carolina (Mr. MACON) on a former occasion

suggested, he should be mistaken in this respect, and that the people of

Tennessee are well able to pay the tax, he should rejoice in the event.

Fearing the contrary, however, when he heard the people complaining of

this grievous burden, he wished to have the consolation of saying, "I

did not consent to this law, because I was of opinion that its operation

would be particularly oppressive to the Western people."

Mr. GALLATIN observed, it would be extremely difficult to point out any

mode of taxation which will not be inconvenient and oppressive, in some

degree, for some part of the people to pay; and it must be expected that

every mode which can be adopted, will bear more hardly on some parts of

the community than on others. With respect to the tax on land, he must

agree with the gentleman from Kentucky and Tennessee, that, from there

being a less quantity of circulating medium in their States than any

other State of the Union, it would probably fall heavier upon their

constituents than upon people of the Atlantic States. But there is one

circumstance with respect to those States which ought to be taken into

consideration, viz: that the tax for this year will be laid according to

the old census taken seven or eight years ago; since which time, it is

well known that the population of these States has more than doubled.

Therefore, the inconvenience of paying this tax will be greatly lessened

to these States by that circumstance. In the State of Tennessee, by the

old census taken in 1791, there were only 35,000 inhabitants, whereas,

by a census taken in that State by themselves, two years ago, the number

exceeded 60,000.

Besides, it appeared to him that both the gentlemen assumed a principle

by no means ascertained, viz: that the Mississippi will be shortly

closed to the Western country. No people could suffer more by such an

event than the people whom he himself represented. They stood precisely

in the situation of the constituents of those gentlemen; and

undoubtedly, if our present difficulties with France should produce a

war with Spain, it would be extremely fatal to his constituents as well

as theirs. But he knew of no reason for supposing this; and it would be

wrong to legislate on a presumption that such will be the case.

In relation to this law, it was not formed, Mr. G. said, altogether to

his wish; but it was as nearly so as he could get it, and it was

necessary the money should be raised. He had opposed, as long and as

forcibly as he was able, most of the measures which made the great

expenses of the present session necessary; but a majority having

determined that the expense shall be incurred, and that measures shall

be taken which will necessarily decrease our present revenue, it has

become the duty of every member to provide the means for paying the

expense to be incurred, and for supplying the probable deficiencies of

former revenues.

If the expense is to be provided for, how is it to be done? It must be

either by taxation or by loans. Indeed, it is probable that Congress

will be obliged to resort to loans, even during the present session; but

certainly it is their duty, as far as they are able, to provide for the

public expenses, without going into measures which will increase the

public debt. Our choice lies, therefore, between loans and taxation; and

however inconvenient it may be to the people to pay taxes, he should

certainly resort to taxes rather than loans. And if the money is to be

raised by taxes, to what objects can we turn our attention? Congress

must have recourse to internal revenue, or an increase of duty on the

importation of some of the necessaries of life. Indeed, after turning

his attention very seriously to the subject, he could not find how any

considerable revenue could be raised, but by means of a direct tax on

land and houses, or a tax on salt. He did not think any other could be

relied upon; and, between the two, he believed it would be infinitely

better, both for the United States and his constituents, to lay a tax on

land and houses than on salt. The tax on land and houses will be laid

according to the value of the property; and though there is less

circulating medium in the back country, which is thinly settled, than in

the larger towns, the property in those parts will be estimated at a

much lower rate, and of course the people will have a smaller proportion

of the tax to pay; and he thought it far preferable to lay a tax which

would fall, in a great degree, upon persons according to their wealth,

than one which would operate as a _poll tax_, (as a tax on salt would

do,) according to their number.

Mr. DAVIS said, he believed he could prove to the gentleman from

Pennsylvania (Mr. GALLATIN) that his conclusions with respect to the

ability of the people of the State of Kentucky to pay this tax, were not

altogether correct; and that the number of the people inhabiting the

State now, being double what it was when the last census was taken, will

afford them no relief. For, if there were $10,000 in circulation in the

State, when there were only 30,000 inhabitants, and no more, now there

are 150,000--the tax would fall no lighter now than it would have fallen

then. How, it might be inquired, does it happen that, though the

population is so greatly increased, no increase should have been made in

the quantity of circulating specie? It happens thus: Men who emigrate

from the Atlantic States to this country, seldom bring much money with

them; for, whatever they may have when they set out, it is expended on

their journey, or paid for land to a single person when they reach us,

so that none of their money comes into general circulation and though

the people are able to raise plenty of produce, they are not able to

exchange it for money. It is true, the more inhabitants they get, the

more the general property of the State is increased, but it did not

increase the circulating medium. He did not believe there is now so much

money in circulation as there was when the census was taken. There was

then an army there, and produce sold for a good price; but since a peace

was made with the Indians, money has been constantly draining off from

the State, to pay the debts which the merchants of that State had

contracted whilst trade was brisk in this and other cities.

Mr. S. SMITH did not think the fears of the gentlemen from Kentucky and

Tennessee would be realized. It is no doubt true that the quantity of

circulating specie in Kentucky had diminished since the peace with the

Indians; but it is also true that the spring trade this year from

Kentucky by the Mississippi has been both great and profitable. But

gentlemen suppose, if we have a war with France, we shall also be at war

with Spain, and our intercourse by that river will be cut off. But the

interest of Spain will be against this; for in case of war, there will

be great difficulty in getting flour to the Havana from the Atlantic

ports, as our West India trade will be cut off, and they will have to

depend upon a supply by the Mississippi. Besides, if produce be so much

cheaper in the Western country than in the Atlantic States, as it has

been stated to be, it will become the interest of neutrals in the

Atlantic cities, to make remittances by produce from that country to the

Havana. And if Spain should be drawn into the war, there would be other

modes of the people of those States disposing of their produce. He did

not think, therefore, gentlemen from that country need be so much

alarmed as they appeared to be.

Mr. J. WILLIAMS had always been opposed to every system of direct taxes;

but as a majority of the House had agreed to call forth the resources of

the country by this means, he must give his vote for this bill. He was

astonished to find the gentlemen from Kentucky and Tennessee opposing

this bill, when so much of the money of the General Government had been

expended in that country. They must acknowledge their States have had

their portion of specie from the Treasury of the United States. An act

had indeed been passed during the present session for paying a company

of militia for a certain expedition in Tennessee, which amounted to

nearly one fourth of the whole sum required from that State. He believed

some of the troops of the United States are also now there, and likely

to continue, so that they are constantly receiving supplies of cash from

the Treasury of the United States. Besides, it ought to be considered

that this tax will fall upon unimproved, as well as improved land, many

of the owners of which, he supposed, lived out of that State, which

would reduce the portion of the tax to the State. The district in which

he lived would pay more tax than the whole State of Tennessee. He knew

the tax would be collected in some places with difficulty, and more so,

since the bill had undergone a change which had thrown the tax upon land

more than it would otherwise have fallen.

But, whatever difficulty may attend the collection of this tax, when we

see the ruinous effects of public debt in other countries, we ought to

be cautious how we make extensive loans, and endeavor to draw forth the

resources of the country, to meet any of the expenses which we may have

to encounter.

Mr. VARNUM should vote against this bill. He had always thought, since

the establishment of the present Government, that there would be no

necessity for resorting to direct taxes, except in case of our being

engaged in war. He believed the measures already taken would not require

a direct tax if no further expenses were contemplated. But he now

believed a majority of the Government of the United States are

determined on war, and he would, on that account, have given his vote

for the bill, if the tax was proposed to be laid on just and equal

principles. It was his opinion, that every species of property ought to

be taxed, as well as houses and land. So far from this being the case,

he believed that between one third and one half of the property taxed by

the State Legislatures, in their system of direct taxes, would, by the

present plan, be excused altogether from tax. Some of the most wealthy

people in the Union would, by this means, be untaxed, in a great degree,

while persons who hold a small property in houses or land, will bear the

burden of it; and not only of this tax, but to any further extent to

which the Government may have occasion to carry it.

Mr. T. CLAIBORNE had opposed many of the measures which made this tax

necessary; but a majority of Congress having determined upon a certain

course of measures, however contrary they may be to his opinion, he

should cheerfully submit to them, and vote in favor of this bill.

The people of Virginia, if they must be taxed, wished to be taxed in a

direct way, and he doubted not this tax would be paid with alacrity.

They always had been, and would continue to be, he had no doubt, prompt

in their obedience to the laws of the General Government.

The yeas and nays were then taken upon the passing of the bill; it was

passed--69 votes to 19.

_Resolved_, That the title be, "An act to provide for the valuation of

lands and dwelling houses, and the enumeration of slaves, within the

United States."

THURSDAY, June 21.

_Relations with France._

In the course of the sitting, the following Message was received from

the PRESIDENT OF THE UNITED STATES:

_Gentlemen of the Senate, and Gentlemen of the House of

Representatives:_

While I congratulate you on the arrival of General

Marshall, one of our late Envoys Extraordinary to the

French Republic, at a place of safety, where he is justly

held in honor, I think it my duty to communicate to you a

letter received by him from Mr. Gerry, the only one of the

three who has not received his congé. This letter, together

with another from the Minister of Foreign Relations to him,

of the third of April, and his answer of the fourth, will

show the situation in which he remains, his intentions and

prospects.

I presume that, before this time, he has received fresh

instructions, (a copy of which accompanies this message,)

to consent to no loan, and therefore the negotiation may be

considered as at an end.

I will never send another Minister to France, without

assurances that he will be received, respected, and

honored, as the representative of a great, free, powerful,

and independent nation.

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