JOHN ADAMS.

UNITED STATES, _Dec. 19, 1799_.

MONDAY, December 23.

THOMAS T. DAVIS, from Kentucky; ROBERT WILLIAMS, from North Carolina;

and JOHN DENNIS, from Maryland; appeared, produced their credentials,

were qualified, and took their seats in the House.

_Respect to the Memory of General Washington._

Mr. MARSHALL, from the joint committee appointed to report what

testimony of respect ought to be paid to the memory of the man first in

war, first in peace, and first in the hearts of his countrymen, made a

report in part, which he delivered in at the table, where it was twice

read, and unanimously agreed to, in the words following, to wit:

_Resolved, by the Senate and House of Representatives of

the United States of America in Congress assembled_, That a

marble monument be erected by the United States, in the

capitol, in the city of Washington, and that the family of

General WASHINGTON be requested to permit his body to be

deposited under it; and that the monument be so designed as

to commemorate the great events of his military and

political life.

_And be it further resolved_, That there be a funeral

procession from Congress Hall to the German Lutheran

Church, in honor of the memory of General GEORGE

WASHINGTON, on Thursday, the 26th instant, and that an

oration be prepared at the request of Congress, to be

delivered before both Houses on that day, and that the

President of the Senate and Speaker of the House of

Representatives be desired to request one of the members of

Congress to prepare and deliver the same.

_And be it further resolved_, That it be recommended to the

people of the United States to wear crape on the left arm,

as mourning for thirty days.

_And be it further resolved_, That the President of the

United States be requested to direct a copy of these

resolutions to be transmitted to Mrs. WASHINGTON, assuring

her of the profound respect Congress will ever bear to her

person and character; of their condolence on the late

afflicting dispensation of Providence; and entreating her

assent to the interment of the remains of General GEORGE

WASHINGTON, in the manner expressed in the first

resolution.

_And be it further resolved_, That the President of the

United States be requested to issue a proclamation,

notifying to the people throughout the United States the

recommendation contained in the third resolution.

_Ordered_, That the Clerk of this House do carry the said resolutions to

the Senate, and desire their concurrence.

Previous to the question being put upon the first resolution, Mr. H. LEE

of Virginia, rose, and addressed the Chair as follows:

Mr. Speaker: In executing the task assigned to the committee, it will be

observed much remains to be done; so far as they have gone, and as far

as they may go, one hope is cherished, that whatever is done, will be

unanimously adopted.

This will be most pleasing to our constituents, and most honorable to

the character we all honor. Out of a wish to execute in the best manner

the direction of the House, a difference of opinion will naturally

prevail. This difference of opinion, however commendable, upon

ascertaining the mode of public mourning, ought to be suppressed when we

come to act; for unanimity then is, as I before stated, most to be

wished for, whether the feelings of our constituents, or our intentions,

on the celebrity which all desire to give to the high occasion, govern.

A message was received from the Senate, announcing their concurrence in

the report of the joint committee made this day; and then the House

adjourned till to-morrow morning.

TUESDAY, December 24.

_Respect to the Memory of General Washington._

The SPEAKER informed the House that, conformably to the resolution of

Congress, the President of the Senate and the Speaker of the House of

Representatives had requested Major General HENRY LEE, one of the

Representatives from the State of Virginia, to prepare and deliver a

funeral oration before both Houses, on Thursday, the twenty-sixth

instant, in honor of the memory of GEORGE WASHINGTON, late General of

the Armies of the United States; and that Mr. LEE had been pleased to

accept of the appointment.

And, on motion, the House adjourned.

THURSDAY, December 26.

This being the day appointed by the resolution of Congress for the

funeral procession in honor of the memory of GEORGE WASHINGTON, late

General of the Armies of the United States, the House proceeded to the

German Lutheran Church, where they attended the funeral oration,

prepared and delivered on the occasion by Major General LEE, one of the

members of this House for the State of Virginia.

The House, having returned, adjourned until to-morrow morning.

FRIDAY, December 27.

JOHN FOWLER, from Kentucky, appeared, produced his credentials, was

qualified, and took his seat in the House.

_Respect to the Memory of General Washington._

On a motion made and seconded that the House do come to the following

resolution, to wit:

"The House of Representatives of the United States, highly

gratified with the manner in which Mr. LEE has performed

the service assigned to him under the resolution desiring

the President of the Senate and Speaker of the House of

Representatives to request one of the members of Congress

to prepare and deliver a funeral oration on the death of

GEORGE WASHINGTON; and desirous of communicating to their

fellow-citizens, through the medium of the press those

sentiments of respect for the character, of gratitude for

the services, and of grief for the death of that

illustrious personage, which, felt by all, have on this

melancholy occasion been so well expressed:

"_Resolved_, That the Speaker present the thanks of this

House to Mr. LEE, for the oration delivered by him to both

Houses of Congress on Thursday, the twenty-sixth instant;

and request that he will permit a copy thereof to be taken

for publication:"

The question was taken that the House do agree to the same, and

unanimously resolved in the affirmative.

MONDAY, December 30.

_Respect to the Memory of General Washington._

The SPEAKER informed the House that, in pursuance of the resolution of

Friday last, he had addressed to Major General HENRY LEE, one of the

members for the State of Virginia, the following letter:

"PHILADELPHIA, _Dec. 27, 1799_.

"DEAR SIR: The enclosed resolutions, which unanimously

passed the House of Representatives this day, will make

known to you how highly they have been gratified with the

manner in which you have performed the service assigned to

you, in preparing and delivering a funeral oration on the

death of General WASHINGTON. That our constituents may

participate in the gratification we have received, from

your having so well expressed those sentiments of respect

for the character, of gratitude for the services, and of

grief for the death of that illustrious personage, I

flatter myself you will not hesitate to comply with the

request of the House, by furnishing a copy of your oration,

to be taken for publication.

"Allow me, while performing this pleasing task of official

duty in communicating an act of the Representatives of the

people, so just to you and so honorable to themselves, to

embrace the opportunity to declare that I am, personally,

with great esteem and sincere regard, dear sir, your friend

and obedient servant,

"THEODORE SEDGWICK.

"The Hon. Maj. Gen. LEE."

To which Mr. LEE had replied as follows:

"FRANKLIN COURT, _Dec. 28, 1799_.

"DEAR SIR: I owe to the goodness of the House of

Representatives the honor which their resolutions confer on

my humble efforts to execute their wish.

"I can never disobey their will, and therefore will furnish

a copy of the oration delivered on the late afflicting

occasion, much as I had flattered myself with a different

disposition of it.

"Sincerely reciprocating the personal considerations with

which you honor me, I am, very respectfully, sir, your

friend and obedient servant,

"HENRY LEE.

"The SPEAKER _of the House of Reps_."

Mr. MARSHALL, from the joint committee appointed to consider and report

what measures ought to be adopted in honor of the memory of General

WASHINGTON, made another report in part, which was unanimously agreed to

by the House, in the words following, to wit:

_Resolved, by the Senate and House of Representatives of

the United States in Congress assembled_, That it be

recommended to the people of the United States to assemble

on the twenty-second day of February next, in such numbers

and manner as may be convenient, publicly to testify their

grief for the death of General GEORGE WASHINGTON, by

suitable eulogies, orations, and discourses, or by public

prayers.

_And be it further resolved_, That the President of the

United States be requested to recommend the same, by a

proclamation for that purpose.

_Ordered_, That the Clerk of this House do carry the said resolutions to

the Senate, and desire their concurrence.

THURSDAY, January 2, 1800.

RICHARD DOBBS SPAIGHT, from North Carolina, appeared, produced his

credentials, was qualified, and took his seat.

_Petition of Free Blacks._

Mr. WALN presented a petition of Absalom Jones and others, free men of

color, of the city and county of Philadelphia, praying for a revision of

the laws of the United States relative to the slave trade; of the act

relative to fugitives from justice; and for the adoption of such

measures as shall in due course emancipate the whole of their brethren

from their present situation; which he moved to have referred to the

committee appointed to inquire whether any and what alterations ought to

be made in the existing law prohibiting the slave trade from the United

States to any foreign place or country.

The petitioners, after mentioning their sense of the bounties of

Providence in their freedom, and the happiness they felt under such a

form of Government, represent that they cannot but be impressed with the

hardships under which numbers of their color labored, who they

conceived equal objects of representation and attention with themselves

or others under the constitution. That the solemn compact, the

constitution, was violated by the trade of kidnapping, carried on by the

people of some of the Southern States on the shores of Maryland and

Delaware, by which numbers were hurried into holes and cellars, torn

from their families and transported to Georgia, and there inhumanly

exposed to sale, which was degrading to the dignified nature of man.

That by these and other measures injurious to the human species, there

were 700,000 blacks now in slavery in these States. They stated their

application to Congress to be, not for the immediate emancipation of the

whole, knowing that their degraded state and want of education would

render that measure improper, but they ask an amelioration of their hard

situation. They prayed that the act called the fugitive bill, which was

very severe on that race of people, might be considered; also that the

African slave trade might be put a stop to.

Mr. WALN moved its reference to the committee appointed to prohibit

carrying on the slave trade to any foreign place or country.

Mr. RUTLEDGE thought any reference at all very improper; he hoped it

would be laid on the table, and with a view never to be called up

hereafter. Petitions of this sort had repeatedly come before the House,

only with the difference of transfer of hands. When the Congress sat at

New York, they spent much time and attention on the subject, but no

sooner had it been decided that nothing could be done, than the same

scenes were acted over again by repeatedly petitioning. Those gentlemen

who used to come forward, to be sure, had not avowedly come forward

again, but had now put it into the hands of the black _gentlemen_. They

now tell the House these people are in slavery--I thank God they are! if

they were not, dreadful would be the consequences. They say they are not

represented. To be sure a great number of them are not. Farther, they

say they are sent to the Southern States. Who can prevent that? Persons

possessing slaves have a right to send them there if they choose. They

tell you that they are brought from Africa. This matter is in a train to

be prevented, the subject being now in the hands of a committee. Already

had too much of this new-fangled French philosophy of liberty and

equality found its way and was too apparent among these _gentlemen_ in

the Southern States, by which nothing would do but their liberty. This

appeared to be the intention of the petition, but he supposed the people

of the Eastern States had felt as much in having them among them as

those of the Southern States in losing them, and therefore he believed

gentlemen from those parts would vote with them. However, he considered

this subject very improper and unconstitutional to discuss, and, from

the ill effects it might produce, should say no more.

Mr. WALN thought the gentleman mistaken as to the nature of the

petition; it related but two grievances: one was the operation of the

fugitive act, by which free men were carried and sold into slavery, and

the other was the slave trade. He did not wish to enter into general

principles, because he conceived it as improper as any gentleman, but he

could see no good reason why the petition might not be committed; every

petition presented to the House ought to receive that attention, and a

rejection of the present without examination could have no good effect.

Mr. SMILIE was much surprised at the opposition of the gentleman from

South Carolina to the reference. To be sure a great part of what these

people asked, as far as he was acquainted with it, was out of their

power to grant, but there was much of the petition which was within the

power of the House. So far as they had power, he considered it the duty

of the House to attend and grant relief. He could wish to drop some

ideas on the situation of those people, but felt a contrary impulse from

motives of prudence. However, he must consider them as a part of the

human species, equally capable of suffering and enjoying with others,

and equally objects of attention, and therefore they had a claim to be

heard.

Mr. OTIS hoped the petition would not be committed; he had never seen a

petition presented under a more dangerous and unpleasant aspect. It

appeared to be subscribed by a number of individuals who were incapable

of writing their names, or of reading the petition, and, _a fortiori_,

of digesting the principles of it. It therefore was a petition of

certain men made out by other men, who ought to have come forward

themselves, but had forborne. To encourage a measure of the kind would

have an irritating tendency, and must be mischievous to America very

soon. It would teach them the art of assembling together, debating, and

the like, and would soon, if encouraged, extend from one end of the

Union to the other. A great part of the petition was improper, and the

other part entirely unnecessary. No particular object or evils were

pointed out in the fugitive law, but the truth was, they wanted a repeal

of the law. Although, he thanked God he had no slaves, nor ever wished

to possess any, yet he thought the subject ought not to be meddled with

by the General Government, and if any grievances existed, they were

properly and only objects of legislation in the several States. It was

the duty, and he thought the interest of the States, while they were

kept in servitude, to ameliorate their situation as much as consisted

with security. He thought those who did not possess that species of

property had better leave the regulation of it to those who were cursed

with it. However, it was unjust to intermeddle with it to the injury of

the possessors.

Mr. H. LEE observed that gentlemen were sent to that House to preserve

the rights of the people and the rights of property. That property

which the people of the Southern States possess consisted of slaves, and

therefore Congress had no authority but to protect it, and not take

measures to deprive the citizens of it. He said he held himself not

second to any gentleman in a genuine attachment to the rights of

humanity, but he could not believe that great ends would be answered by

the reference of the petition, but much evil might accrue. It contained

sentiments which he thought it would be highly improper so far to

encourage. One object prayed for in this petition was now in the hands

of a committee; let that committee report respecting the Guinea trade,

let it be entirely obliterated; to that he would agree with all his

heart, but he hoped the House would never intermeddle with the property

of any of the citizens. Instead of voting with the worthy member who

wished it to lie on the table, he would have it returned to the

gentleman who presented it, as the only effectual means of checking an

injurious practice.

Mr. RUTLEDGE, in addition to his former arguments, observed, that so

improper was it to consider this subject that some of the States would

never have adopted the federal form of Government if it had not been

secured to them that Congress would never legislate on the subject of

slavery. Inasmuch, therefore, as it might rouse the jealousy and fears

of those States, the least attention paid to it might do mischief.

Mr. THATCHER said that gentlemen generally set out wrong, on this

subject, and leave off about half right; they debated till they were

almost tired, and then the petition was not to be committed. If Congress

had not power to legislate on the African trade, then why did they say

it was with a committee? If they had power, where was the impropriety of

referring, at least that part which could be considered? Would any

gentleman say that it was policy not to legislate about 700,000 enemies

in the very body of the United States? While they were slaves they were

enemies. He declared a greater evil than the very principle could not

exist; it was a cancer of immense magnitude, that would some time

destroy the body politic, except a proper legislation should prevent the

evil. It must come before the House sooner or later. Then why postpone

it? It was true the Eastern States were now suffering from the streams

which issued from this great and dangerous fountain, but the evil ought

to be stopped, ere it become too strong.

Mr. BROWN, of Rhode Island, said he was in hopes that every member

belonging to the Northern States would have seen by this time the

impropriety of encouraging slaves to come from the Southern States to

reside as vagabonds and thieves among them, and have been tired of the

bad policy. No subject surely was so likely to cause a division of the

States as that respecting slaves. He did not hold a slave in the world,

he said, but he was as much for supporting the rights and property of

those who did, as though he was a slave owner. He considered this as

much personal property as a farm or a ship, which was incontestably so.

He went into a view of the federal compact, to argue the impropriety of

legislating on the subject. This petition, he said, did not come from

the blacks, but from a combination of people who had troubled Congress

for many years past, and he feared never would cease. He did not fear

the power of the 700,000 enemies that the gentleman had pointed out,

since there were five millions to withstand them: they could at any time

subdue them. He begged that the gentleman, who put the petition on the

table, might be desired to take it back again. He was sorry to see the

commitment supported by two such worthy members of the House, both good

Federalists. [A laugh.]

Mr. WALN contended, that at least the House had the power of legislating

on the state of free blacks as well as other people, and on the slave

trade, much of which was still carrying on from Rhode Island, Boston and

Pennsylvania. This ought to be looked into. He denied that any idea had

ever entered his mind on presenting the petition either to debate on the

subject, or to will an emancipation of the slaves. Gentlemen from the

Southern States appeared to lament there were so many among them, but

their conduct was very contrary to their declaration.

Mr. HILL thought if any evil existed under any law now in force, a

committee ought to be appointed, to examine into and correct it: but he

hoped the petition would not be committed. It was to be lamented that

this kind of property did exist; but it did exist, and was sanctioned by

the constitution. That being the case, the House ought to set their

faces against any innovations on it, either directly or indirectly.

Mr. DENNIS rose, he said, principally because he conceived the petition

implicated the justice of the States of Maryland and Delaware,

respecting the abominable practice of kidnapping. In justice to the

State he represented, he must say that none of this evil was

attributable to that State, because they had enacted extremely penal

laws to stop it. He wished the petition to lie on the table, because the

objects of it appeared to be extremely multifarious, and he believed but

few members knew its contents, from the different opinions they had

advanced. He wished them to have an opportunity of examining it.

Mr. RANDOLPH hoped that the conduct of the House would be so decided as

to deter the petitioners, or any persons acting for them, from ever

presenting one of a similar nature hereafter. The effects must be

extremely injurious. He did wish that the conduct of the House would

have been so indignant as to have passed it over without discussion. He

should not, therefore, say any thing that would tend to encourage that

discussion. The constitution had put it out of the power of the House to

do any thing in it, and therefore he hoped the motion for a reference

would be lost by a decided majority, and this be the last time the

business of the House would be entered upon, and the interest and

feelings of the Southern States be put in jeopardy, by similar

applications.

Mr. CHRISTIE said the gentleman was mistaken, if he thought it would be

the last time, for a certain society had thought it their duty to

present petitions of this nature to Congress every year since he was

acquainted with it; but he hoped this, which came from that source, but

through other hands, would have the fate of all the rest, and go under

the table instead of upon it. As to the fugitive law, he would wish it

to be taken up, and if no other member moved it, he should; but not for

the purpose of repeal or weakening, but to make it stronger. There was

now a fine laid upon any person who should harbor a black, knowing him

or her to be a slave; he wished the provision should be that the persons

harboring should know that he or she was not a slave. He mentioned the

great desire of his State to prevent kidnapping, for which their laws

were very severe.

Mr. HARPER had hoped that the House so well understood this subject, as

to the people who instigated the petitioners to come forward, who well

knew that nothing could be done by Congress, as to decide on it

instantly. This was the act of a religious body of people whose

fanaticism leads them to think it a bounden duty to come to the House

every year, though they now come in a different name. By this measure

they had discharged their duty; all that now remained was for the House

to discharge theirs. He hoped, from the present time, they should merely

let the petition be read and pass it over in silence--for he expected

that society would continue presenting petitions. The obvious tendency

of agitating this question would only be to create discontent in a class

of people whom it was out of the power of the Legislature to change the

situation of. He called upon gentlemen to say whether a temper of revolt

was not more perceptible in that quarter? It was; and what was the cause

of it but that they were not let alone by those people; but if others

would disturb them, he hoped at least that House would cease to do it.

Mr. DANA said if the petition before the House contained nothing but a

farago of the French metaphysics of liberty and equality, he should

think that it was likely to produce some of the dreadful scenes of St.

Domingo. Or if he believed it was only the effects of a religious

fanaticism in a set of men who thought they were doing their duty,

though he thought the subject quite out of the power of Congress, he

might be disposed to think it quite wrong. But when he perceived a

petition, addressed in language which was very decent, and which

expressly declared that the petitioners did not wish the House to do

what was inconsistent with the constitution, but only asked an

amelioration of the severities under which people of their color

labored, he thought it ought to be received and committed. He did not

think the gentleman who presented it ought to withdraw it, nor was he

the least culpable, but executed a duty he conceived him bound to.

Mr. JONES said the petition threw so much aspersion upon the State he

represented (Georgia) that he must think it his duty to rise. Why was

that State to be selected out from all others? However, he should follow

the petition in its parts, in order to show that the petitioners

actually had asked what it was not in the power of the House to

legislate upon--emancipation. It was said to merely affect the slave

trade.

First, the petitioners contemplated that those people (the slaves) ought

to be represented, "with _us_ and the rest of the citizens of the United

States." Then they speak of the Federal compact, in which they consider

those people as interested in common with others, under these words:

"we, the people of the United States of America," &c. I would ask

gentlemen whether, with all their philanthropy, they would wish to see

those people sitting by their sides deliberating in the councils of the

nation? He presumed not. They go on farther and say, "We do not ask for

the immediate emancipation of all, but we ask you to prepare the way for

the oppressed to go free, that every yoke might be broken, thus keeping

up the principle to do unto others as you would they should do unto

you." The words need only be read to convince every man what is the

tendency of their request. The gentleman farther says that 700,000 men

are in bondage. I ask him how he would remedy this evil as he calls it?

but I do not think it is any evil; would he have these people turned out

in the United States to ravage, murder, and commit every species of

crime? I believe it might have been happy for the United States if these

people had never been introduced amongst us, but I do believe that they

have been immensely benefited by coming amongst us. It was the British

Government that transmitted them down to us when in a colonized state;

but being here, and being the property of individuals, after obtaining

our common liberty, and forming our Federal compact, property and safety

were guaranteed to every individual and State in the confederation. How

then can this House meddle with that part of our property? The General

Government has no power over it. With respect to that part of the

petition which said that these people were crowded into cellars and

transported to Georgia, Mr. J. informed the House that the importation

to that State by sea had been prohibited; none had come there by sea for

many years, and offenders against that law were fined £100 sterling for

each individual thus introduced. He hoped the petition would be treated

with the contempt it merited, and thrown under the table.

Mr. RUTLEDGE rose to move that the question might be decided by _yeas_

and _nays_. It was a practice he generally was against, and scarcely

ever moved, but he considered this of importance sufficient to demand

it. It was a question in which the interests of a great number of people

in this country were involved. He had no doubt it would be lost by a

very great majority, and he thought it would have a good effect to be

recorded by how vast a majority it would be lost. He thought it would be

some consolation to his constituents, when he returned home, to say how

few of the House of Representatives were the supporters of this

dangerous petition.

Mr. WALN said if he had known that this petition would have caused so

much alarm, he certainly should have desired the petitioners not to

present it; but if they had still thought it necessary and been desirous

of it, he should, as he then thought it within the power of legislation,

and still thought so, have presented it. He thought it his duty,

whenever any individual conceived himself injured by a law, to receive

his petition, and he thought himself in no wise implicated in the

manner, form, or subject of the petition, or answerable for it as

containing his opinions. If it should be supposed that the assertions in

the petition were unfounded, or bore too hard on a certain State, the

only way to ascertain that fact was by referring to a committee, that

the necessary inquiries might be reported. He again declared his

disapprobation at this subject undergoing any discussion, nor would it

have taken place had not the gentleman from South Carolina commenced it.

Mr. PLATT conceived that every thing which was brought before that House

ought to be committed, unless there was manifest indecency in the

language, or it should appear that the relief prayed for could not be

granted consistently with the power of the House. In his opinion, except

one of these two causes prevented, it unquestionably ought to be thus

disposed of. As for indecency of expression, he could perceive none,

either in the petition, or in the arguments of the gentlemen who

advocated its reference. A third reason indeed might be mentioned, which

was, that the persons whose names were signed did not give consent to

the petition and therefore it was not their act. Neither of these

reasons was proved to have existed.

Although, agreeably to the constitution, Congress could not make any

laws to prevent the emigration or importation of any persons whom the

several States should, at the adoption thereof think proper to admit,

yet Congress could, and had made laws relative to fugitives from justice

and previous to the year 1800. It was this law they prayed the

amelioration of, and that the power of persons over their slaves might

be limited, and that the law might be so amended as to prevent its

violation. It was for that, and not for the general abolition of slavery

they prayed, and surely they ought to be heard; their prayer ought to be

committed for that purpose.

He disclaimed the least desire, but an abhorrence, of any principle that

would rob persons of their property, but at the same time he was not

such a dupe to _words_ as to be of the opinion held up by a gentleman,

that because the French had used the words "reason" and "philosophy" he

should discard them, and with them humanity.

Mr. THATCHER thought that to make use of the incapacity of these people

to read or write, as an argument against committing their petition, must

arise out of prejudice in his colleague against the general object, or

he surely never would have resorted to such pitiful, and he might say,

mean, virulent remarks. [Mr. T. was here called to order.] This was

certainly a "new-fangled doctrine." But the reason why they could not

write was because of the degraded state of their minds for want of

education; many of them, perhaps, in their youth were in slavery.

The gentleman from Georgia had objected to the reference because the

petition contained a system of facts which _he said_ was not true? He

(Mr. T.) believed they were true, and thus the dispute was in issue. How

was this to be ascertained but by inquiry? If the State of Georgia

should prove themselves innocent of that black stain, it would be to

their honor. But no, said the gentlemen, "We will not have it examined

into, because it will make us out to be as _black_ as the petitioners

themselves?"

Mr. EDMOND observed that the gentleman from South Carolina had called

for the yeas and nays for a particular purpose, to wit, that it should

be seen how few voted for this intermeddling with the property of the

people in the Southern States. Mr. E. said he should vote for the

reference, and as that opinion would be attached to his conduct, his

reasons ought to accompany his vote. He should be as far from wishing to

affect the property of the citizens as any gentleman, much less should

he wish to affect the constitution. This appeared to him to be a very

respectful petition; it mattered not whether the people were black or

white; the petition only was to be regarded, and not the color of the

persons, who, representing their grievances, asked for such a relief as

the constitution could afford them. Surely then, every measure ought to

be adopted to alleviate their sufferings. Was it consistent that the

House, instead of a reasonable and patient attention, should come

forward and treat this complaint with an inattention which passion only

could dictate? Was contempt the way to recommend attachment to the

Government? This ferment and scorn could not be necessary, but he was

sure it was highly improper and inconsistent.

Mr. GALLATIN said that in his opinion there were many parts of the

petition exceptionable, but not being so much acquainted with it as

might be necessary to form a decision, he could not say whether or not

it was in the power of the House to legislate on it. However, seeing

this much in the situation with other petitions, he felt disposed, and

should vote for its reference. If it should appear improper for Congress

to legislate on it, then the committee would so report. He said he was

not satisfied that there was no grievance to which the House could apply

a remedy; he thought there was such a part. He remembered a petition

from Delaware once on one of the complaints, that of kidnapping free

negroes; therefore, he conceived it was truth, and could be no insult to

the States of Delaware and Maryland to mention it. If so, surely an

effectual remedy ought to be applied. In the former State he believed

they had made the punishment death, and yet the evil was not prevented,

if the complaints of the petitioners were true.

Mr. WALN then withdrew his former motion, and moved "that so much of the

petition as related to the slave trade carried on from any part of the

United States to any foreign place or country; and so much of the said

petition as respected fugitives from justice, or escaped from their

masters, be referred to the committee appointed on the 12th day of

December last on the subject of the slave trade."

Mr. RUTLEDGE appealed to the Chair to know whether the motion was in

order.

Mr. SPEAKER said, perhaps, that was the only deliberative body in the

world where a motion, having been made, seconded, and debated, could be

withdrawn by either the mover or seconder. But it had been a practice in

that House so to do, and there was no rule against it. The motion was

therefore perfectly agreeable to order.

Mr. RUTLEDGE then moved an adjournment, which was carried--yeas 47, nays

35.

FRIDAY, January 3.

BENJAMIN HUGER, from South Carolina, appeared, was qualified, and took

his seat.

_Petition of Free Blacks._

The House resumed the unfinished business of yesterday, on the

resolution for referring certain parts of the petition of Absalom Jones

and others, when

Mr. RUTLEDGE rose to explain his reasons for moving the adjournment

yesterday, as not having arisen from a desire of protracting the debate,

but because he conceived the Chair misunderstood him on the point of

order. When he submitted the question of order to the Chair, it appeared

from the decision to be the Speaker's opinion that the question was,

whether a member had a right to withdraw a motion in that situation or

not. He knew that right to exist, but he doubted of the competency of

the House to refer parts of a petition, and not the whole. In his

opinion it ought not to be referred, or, if so, the whole ought to be

referred generally. He mentioned a petition which was last session

presented from Northampton County, praying the repeal of the alien and

sedition laws, but in their general zeal in the pursuance of those

objects severally, other laws were found fault with, particularly those

relating to measures of defence. These were thought to be improper for a

reference; on which a motion was made to refer a part, but it was then

thought the petition could not be divided. He submitted to the gentleman

from Pennsylvania a very easy mode of acquiring the object, which was by

withdrawing the petition and advising the petitioners to present one

conformable to the decision, and within the constitutional power of the

House. Gentlemen were mistaken in saying that petitions of this kind

came annually. The session before last the subject was referred to a

committee, who made a suitable report upon it, and in order to prevent

the continual debate, it was resolved to be a proper object of Judicial,

and not of Legislative cognizance. This brought the matter to such an

understanding that he hoped he would have heard no more of it. It

appeared to have had the good effect of preventing any application

during the sitting of last session.

The SPEAKER said the question of order, as now explained by the member

from South Carolina, was not understood by the Chair. From all the

examination and the fruits of inquiry which the Chair had since

acquired, it appeared not to be unusual to refer parts of a subject, for

parts of the PRESIDENT'S Speech had been referred; also, parts of

petitions had frequently been referred; on which account the opinion of

the Chair at present, unless an appeal should be made to the House, was,

that the motion of the gentleman from Pennsylvania was perfectly in

order.

Mr. WALN said it would have been very agreeable to him that the question

should have been taken on the motion first made to the House; but, on

hearing the warmth with which it was contested, and willing to remove

the jealousy of several gentlemen in the House, he thought it best to

alter the motion to their wishes.

It had been suggested that to withdraw the petition for its

modification, would be an easy way to acquire the object. He thought it

entirely unnecessary to withdraw it in this stage of business. Although

he could have wished the words objected to had never been inserted, yet

he was not prepared to say that the petitioners had no right to use

them. It appeared that these people's sentiments accorded with those of

the gentlemen who opposed the reference. They wished to obtain a removal

of this great evil when proper: those gentlemen called it an evil which

they could wish to get rid of, but they think it cannot be done. Mr. W.

said he should not have objected to a resolution importing that it would

be improper to legislate on the subject of slavery, but so far as

relates to the bad traffic, and the practice of kidnapping, they ought

to be examined by a committee. On these accounts he was not authorized,

nor was he inclined to withdraw the petition.

He was in hopes the gentleman from South Carolina would not have

desisted from his motion for calling the yeas and nays; that gentleman

wished the House to show the world that this petition was so irritating

and alarming as to merit universal contempt and abhorrence. He believed

this gentleman was mistaken as to the small number he supposed would

vote for its commitment, and therefore wished he would renew the motion

on the question as modified.

Mr. GOODE then observed that as a public discussion had taken place upon

this subject--one from which he thought Congress precluded by the

constitution, and one which materially affected the interest and perhaps

the safety of a great portion of the United States, and particularly of

his constituents, he thought it his duty not only to give his negative

in the usual manner, but to call for the pointed disapprobation of the

House, and proposed to amend the resolution by adding the following

words:

"And that the parts of the said petition which invite

Congress to legislate upon subjects from which the General

Government is precluded by the constitution, have a

tendency to create disquiet and jealousy, and ought

therefore to receive the pointed disapprobation of this

House."

Mr. THATCHER said it was the first time that he had ever known any

petition or part of a petition receive the "pointed disapprobation of

the House" by a resolution, even though the object of it was not within

the power of the House. Several petitions had been received upon which

the House had no power. He referred to the petition of John Churchman,

in December 1791, praying the patronage of Government to facilitate his

discovery of the longitude, by enabling him to undertake a voyage to

Baffin's Bay. It was reported that great inconvenience operated to

prevent the grant prayed for, and no money was allowed, yet no member

moved a censure upon the petitioner. Was it a desirable object to do

away a great evil? It was professed to be the wish of several gentlemen

to eradicate it. No gentleman in the House but appeared desirous of

embracing it with all his heart. These people only wished the evil

destroyed, but did not point out the form. He was willing, for the sake

of argument, to admit that slavery did exist and was sanctioned by the

laws and constitution of the United States; he did not believe the fact,

but as some other gentlemen did, he would admit it for the present.

Surely it would be desirable that this great evil should be destroyed,

if it could be done without injury, nay, with advantage, to the

possessors. Did the petition go any farther than this? It did not. The

second person in the Government of the United States had devised a means

to procure this object, as also had a certain learned professor. If it

was therefore the desire, as avowed, of those gentlemen, and an

equitable means had been devised to acquire it, would the reference of a

petition which made that request be improper, or would it be impolitic

in gentlemen to examine these plans, and if eligible bring about their

execution? Certainly not. Even if a certain sum of money was wanting,

he did not believe the House would refuse to appropriate it. Who would

withhold a few dollars from his purse to facilitate it? Then, while such

are the propositions, a petition in behalf of its accomplishment ought

to be heard; if it be not, it must fix a national indignity and stigma

which ages of good actions could never wipe away.

Mr. DANA was not of the opinion of a number of gentlemen, that the House

ought to express its indignation against these petitions. The

indignation of that House ought to be limited to certain objects; it

might be expressed against an offending nation, but he much doubted

whether it became it to express that high sensation against any

individuals. He thought no circumstance could occur which called for

such condescension, and therefore he could not approve of words so

strongly expressed upon an occasion comparatively so trivial. If the

gentleman from Virginia would so convey his ideas as to express the

impropriety of those subjects for the consideration of this House, he

was willing to agree with him.

Mr. RUTLEDGE thought it a little extraordinary that when gentlemen from

some parts of the Union were positively assured that very serious, nay,

dreadful effects, must be the inevitable consequence of their discussion

on this subject, they still would persist. He used strong words, he

said, because no others would be appropriate. Gentlemen recommended the

subject to be calmly argued. Would gentlemen feel calm if measures were

taken to destroy most of their property? Would calmness be consistent if

entering wedges were prepared to ruin the property of whole estates? If

ever it was justifiable to be warm on any subject in the House, it

surely was on an occasion like the present, when imminent danger was in

view. Yes, we deem this as an entering wedge to an inevitable loss of

our property, if persisted in. It appeared by the gentleman's arguments

that he had just been reading the opinions of his brother philosopher,

Brissot.

Three emissaries from St. Domingo appeared in the hall of the

Convention, demanding the emancipation of their species from slavery.

The Convention were told it would operate as an entering wedge that

would go to the destruction of property, and the loss of one of the

finest islands in the world; that it would be murderous in the extreme;

that it would open scenes which had never been practised since the

destruction of Carthage; that a whole rich country would be buried in

blood; that thousands would instantly be reduced to abject penury; that

the first towns in that fine island would be reduced to a heap of ashes.

But those gentlemen said no, it cannot be, all our desires originate in

philanthropy--we wish to do good! But, sir, we have lived to see these

dreadful scenes. These horrid effects have succeeded what was conceived

once to be trifling. Most important consequences may be the result,

although gentlemen little apprehend it. But we know the situation of

things there, although they do not, and knowing we deprecate it. There

have been emissaries amongst us in the Southern States; they have begun

their war upon us; an actual organization has commenced; we have had

them meeting in their club rooms, and debating on that subject, and

determinations have been made. It might be wrong in me to mention these

things, because many of those people can read and write, and will be

informed of what I am now saying, which they think I did not know, but

knowing, I am determined to make use of.

Sir, I do believe that persons have been sent from France to feel the

pulse of this country, to know whether these are the proper engines to

make use of: these people have been talked to; they have been tampered

with, and this is going on. They now will see that the argument has been

agitated in the Legislature; that the subject of emancipation has been

discussed. Is not this extremely wrong, when gentlemen are told how much

it puts our property at hazard. Although these people are unable to do

any harm, yet the work will be done by gentlemen in this House, _they_

must be answerable for the mischief.

Before I had the honor of a seat in this House, one question which was

agitated by the people was, how do the General Legislature regard this

species of property? I said, our brethren in the Northern States are

willing to leave this business entirely to us who possess it--they will

not intermeddle. I did hope that they never would take the lead in any

arguments of this dangerous tendency. But, as gentlemen have gone into

this business, I find I am compelled to use arguments which otherwise

ought not to be mentioned.

I recollect that gentlemen in France used arguments like the gentleman

from Massachusetts: "We can indemnify these proprietors." But how did

they do it, or how can it be done?--Not at all. Farther, we were told

these things would take place, we need not be alarmed; it was

inevitable; that it was reasonable and unavoidable. Sir, it never will

take place. There is one alternative which will save us from it, but

that alternative I deprecate very much; that is, that we are able to

take care of ourselves, and if driven to it, we will take care of

ourselves.

Mr. JONES had hoped that the decision of Congress when sitting at New

York would have put a final stop to any future applications, and the

councils of the United States would have been troubled no farther with

them. It was justly and wisely proved that it was a difficulty unfit for

Congress to attempt, on account of the extremely different local

circumstances and species of property possessed by the Northern and

Southern members, who were all met in one convention. However, he must

do justice to the candor of some gentlemen from the North, who had

vindicated their right to this property. Mr. J. did not think there was

any more probability of discovering an eligible and just mode of

acquiring the object of _emancipation_, than there was in the case

referred by the gentleman to Mr. Churchman's discovery of _longitude_.

All researches into these attempts were illusory, and both alike

impracticable at this time, if ever they would be. However, he was

certain that the honorable gentleman's manner of treating the subject

would give rise to a just jealousy in those parts of the United States

whose property consisted only in slaves. As to the State he represented,

as he before said, a very heavy penalty was the fine on each slave

imported, and killing, maiming, or ill-treating them was punished

severely by the whites. He could not think but the arguments of some

gentlemen must originate from improper motives.

Mr. EDMOND could not conceive any danger from committing this petition,

whatever alarms some gentlemen had apprehended. But as gentlemen

apprehended so much danger from committing certain parts of the

petition, he would be willing to quiet these alarms, and do every thing

reasonable by expressing an idea that Congress would not legislate upon

what belonged not to them. The amendment at first proposed, he professed

himself much opposed to, upon the ground that the House were about to

express a pointed disapprobation towards the petitioners, which he

conceived wrong, because no censure could be due where a petition was

respectfully addressed. But as now modified he had no objection to adopt

the amendment; not that he conceived it important, but because it tended

to quiet the minds of some gentlemen in the House.

Mr. WALN again said, that it was not his intention to advocate the

emancipation of slaves, but only to ameliorate their state. He therefore

would cheerfully consent to the amendment as amended.

Consent being given by the mover to incorporate the amendment with the

original resolution, it was now all before the House in the form of one

resolution.

Mr. THATCHER said, as an abstract proposition, he should have no

objection; he thought the House ought to give no countenance to any

thing that it could not legislate on by the constitution; but as he did

not believe the petition contained any such proposition, he must adhere

to his former sentiments, and could not consent to the incorporation of

the words. As amended, he disliked it much less than before, but he did

not like it as connected with the first motion.

Mr. J. BROWN asked whether it was in order for a gentleman to speak five

or six times.

Mr. THATCHER said he had spoken but once on this question. The gentleman

from Rhode Island need not be afraid, for he was not now going to say

much about slavery, which was the nearest to his heart. Mr. T. was fully

of the opinion that the House had a right to take up the subject, and

give it a full, free, and deliberate discussion, but this did not

appear to be the general opinion. As he was opposed to the motion, as

amended, he was willing his name should appear against it, even though

no other gentleman should think fit to vote with him.

Mr. GALLATIN conceived that there certainly were parts of the petition

over which that House had no power, for though the petitioners did not

pray for emancipation to be completed immediately, yet they anticipated

that it would some time be done, and their prayer included a wish that

the House would take a preparatory step. As to the amendment, although

he did not like the wording of it altogether, he had no objection to the

principle, and therefore should vote for it; for he thought it right to

say that it was improper for the House to legislate on the subject. What

was not specifically acknowledged by the constitution, in his opinion,

carried with it a doubt upon which the Legislature ought not to enter.

Mr. THATCHER called for a division of the question.

Mr. NICHOLAS, on this, expressed some embarrassment as to giving his

vote, on which he moved to strike out the latter part. The same appeared

to pervade the minds of several gentlemen.

Mr. WALN, therefore, to relieve the House from the situation, withdrew

his acquiescence to the amendment, so as to leave the questions

distinct. The yeas and nays had been several times moved during the

embarrassed state of the House, but were only taken once, to wit, on the

amendment to the proposition:

"And that the parts of the said petition which invite

Congress to legislate upon subjects from which the General

Government is precluded by the constitution, have a

tendency to create disquiet and jealousy, and ought

therefore to receive no encouragement or countenance from

this House."

The question was taken, that the House do agree to the same, and

resolved in the affirmative--yeas 85, nay 1, as follows:

YEAS.--Willis Alston, George Baer, Theodorus Bailey, Bailey

Bartlett, James A. Bayard, John Bird, Phanuel Bishop,

Jonathan Brace, John Brown, Robert Brown, Christopher G.

Champlin, Gabriel Christie, Matthew Clay, William C. C.

Claiborne, John Condit, Samuel W. Dana, John Davenport,

Franklin Davenport, Thomas T. Davis, John Dawson, John

Dennis, George Dent, William Edmond, Joseph Eggleston,

Lucas Elmendorph, Thomas Evans, Abiel Foster, Dwight

Foster, John Fowler, Jonathan Freeman, Albert Gallatin,

Henry Glenn, Samuel Goode, Chauncey Goodrich, Elizur

Goodrich, William Gordon, Edwin Gray, Andrew Gregg, Roger

Griswold, William Barry Grove, John A. Hanna, Robert

Goodloe Harper, Joseph Heister, Archibald Henderson,

William H. Hill, David Holmes, Benjamin Huger, James H.

Imlay, George Jackson, James Jones, Aaron Kitchell, Henry

Lee, Nathaniel Macon, John Marshall, Lewis R. Morris,

Anthony New, John Nicholas, Joseph H. Nicholson, Abraham

Nott, Harrison G. Otis, Robert Page, Josiah Parker, Jonas

Platt, Leven Powell, John Randolph, John Read, John

Rutledge, junior, Samuel Sewall, William Shepard, Richard

Stanford, David Stone, Thomas Sumter, Benjamin Taliaferro,

John Chew Thomas, Richard Thomas, John Thompson, Abram

Trigg, Philip Van Cortlandt, Peleg Wadsworth, Robert Waln,

Robert Williams, Lemuel Williams, and Henry Woods.

NAY.--George Thatcher.

And then the main question, to agree to the said motion, as amended,

being taken, it was resolved in the affirmative.

TUESDAY, January 7.

JAMES SHEAFE, of New Hampshire, appeared, produced his credentials, was

qualified, and took his seat in the House.

FRIDAY, February 7.

_Case of Jonathan Robbins._

The following Message and documents were received from the PRESIDENT OF

THE UNITED STATES, which were read, and ordered to lie on the table:

_Gentlemen of the House of Representatives_:

In consequence of your request to me, conveyed in your

resolution of the fourth of this month, I directed the

Secretary of State to lay before me copies of the papers

intended. These copies, together with his report, I now

transmit to the House of Representatives, for the

consideration of the members.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16) · 第 176 / 272 题