Mr. ALSTON.--Let the measures of Congress be reviewed, and it would

appear, that the House itself and the gentleman from Rhode Island had

been as inconsistent as himself. He would appeal to the gentleman

whether it was more honorable to desert his duty and fly a vote, than to

act as he had done?

Mr. HUGER said it was unnecessary at this time to take into view the old

arguments that had been urged. The proposition of the gentleman from

Tennessee, for an equestrian statue, was the only one he should notice.

So impressed was he with the inadequacy of a common statue to express

the gratitude of America, that he would rather have nothing done, than

to have what was done in this backhanded way.

He was disposed to treat with respect the acts of the old Congress. But

the act, to which the gentleman from Tennessee had alluded, and which he

wished this House exclusively to carry into effect, was passed in

reference to the military exploits of Gen. WASHINGTON, because, at the

time it was passed, his life had been most characterized by them. Since

that period circumstances had changed. If we are bound by the acts of

the old Congress, are we not equally bound by those of the last session?

If you adopt the ideas of the gentleman, do you not hold out the

Commander-in-chief of the American Army as deserving a splendid

monument, and the father of the constitution and other great civil acts

as deserving nothing?

Without any concert whatever, a remarkable concurrence had taken place

between West, Trumbull, and other respectable artists, who all gave an

unequivocal preference to a mausoleum; which, in his opinion, would be

far less expensive than a statue. The expense of the latter, as would

appear from an estimate in the office of the Secretary of State, could

not be less than forty thousand guineas, deliverable at Paris; and when

the additional charges of transportation, insurance, and other

incidental expenses, were considered, he was persuaded it could not be

completed for less than two or three hundred thousand dollars.

Mr. J. C. SMITH considered the Government as pledged to do that which

they had promised, and which the national feeling required.

Mr. RANDOLPH must consider the present as a tedious and useless debate.

The gentleman had declared the Government to be pledged. To whom were

they pledged, and for what? It was to the relics of the deceased; to

have them placed within these walls. For this, there were the strongest

reasons, as such a measure would be agreeable to the venerable lady to

whom he had been united. If then they were so pledged, why violate this

pledge, by referring the business to the Secretary of State, of the

Treasury, of War, and of the Navy; though what connection there was

between the office of the Secretary of the Navy and the performance of

the trust, he could not tell?

One consideration with him was insuperable. The departure from the

original plan tended, unjustly, and most cruelly, (however pure the

intention,) to violate the feelings of a lady, so much troubled already.

Mr. J. C. SMITH said it had been declared by some gentlemen that the

reputation of WASHINGTON might be safely confided to the record of

history. Was it the opinion of those gentlemen that the record was to be

found in the charge of murder against that illustrious character? Was it

to be found in the patriotic effusions of men who had pronounced all

expressions of national gratitude a mockery of woe, and had declared

that it was high time for those who were the sincere apostles of liberty

to be done with such foolery; or was it to be found in the denunciations

of a printer, supported by a State that perpetually boasted its regard

to Republicanism?

Mr. HARPER could not but regret that a gentleman, who possessed so

lively a regret for the venerable lady alluded to, should have exhibited

in this discussion so glaring a contrast between his professions and his

actions, by introducing that lady into the debate, and indelicately

expressing her wishes, in reference to the place where the relics of her

deceased partner should be deposited. Was it conceivable that to her the

place could be of any importance? Or was it possible that this House

could be enslaved by the trifling circumstance of the _locus in quo_, or

that the paltry consideration attending an action of trespass could be

gravely introduced into such a debate. All that this venerable lady says

amounts to this, that, accustomed from the example of her deceased

friend to obey the national wishes, she submitted to that disposition of

his remains that Congress may make. Shall we, then, in violation of the

plain meaning of her words, enter into whispers of hearsay respecting

wishes, which, from his knowledge of her good sense, he was persuaded

had never been uttered?

Mr. RANDOLPH rose to explain. He had neither said, nor intended to say,

that he possessed any knowledge beside that which appeared on the

journals; and from that knowledge he was justified in saying that Mrs.

WASHINGTON'S compliance, as expressed by her, was not with any public

will that might be expressed, but with that will which had been already

expressed. Whatever insinuations the gentleman from South Carolina may

mean to convey, his feelings of respect for every woman were sacred; nor

were they limited to that sex alone. He was not disposed on this

occasion to take the advice of the gentleman, who judging me by his own

heart, said Mr. R., may imagine me capable of disrespect to the sex.

Mr. HARPER wished the gentleman would avoid any further interruption,

and reserve his remarks until he was done. He did not know, nor was he

concerned to inquire into the motives of the gentleman from Virginia.

Such inquiry would, of all others, be the least profitable or

interesting, either to the House or to himself. Neither had he any idea

of giving advice which that gentleman would follow. He well knew that it

was the most hopeless of all things to give advice to one whose own

sense of propriety did not tell him what was right. Those, who were

incapable of receiving lessons from their own minds or feelings, were

not likely to receive them from any other quarter.

The feelings ascribed to Mrs. WASHINGTON were unfounded. The lady was

incapable of entering into trifling disputes about place or time, such

as the House had this day witnessed.

The arguments, by which the superiority of a statue to a mausoleum was

attempted to be established, were fallacious. The form and features of

our illustrious friend would be preserved without the erection of any

statue by us. Pictures by celebrated artists were every where multiplied

and caught at with avidity; and the sculptor and the painter will be

employed unceasingly to keep pace with the increasing demand. Likenesses

may be found every where, and as perfect on the other side of the

Atlantic as on this.

A mausoleum would last for ages, and would present the same imperishable

appearance two thousand years hence, that it would now. Whereas a statue

would only remain until some civil convulsion, or foreign invasion, or

flagitious conqueror, or lawless mob, should dash it into atoms; or till

some invading barbarian should transport it as a trophy of his guilt to

a foreign shore.

I have beheld, said Mr. H., a monument erected to a man, once considered

as the patron of America, defaced, mutilated, its head broken off,

prostrated with the ground. A statue, erected by the Legislature of

Virginia to perpetuate the virtues of a man to future ages, had been

destroyed.

Besides, a statue was minute, trivial, and perishable. It was a

monument erected to all that crowd of estimable but subordinate

personages, that soar in a region, elevated indeed above common

character, but which was infinitely below that occupied by WASHINGTON.

The greatest honor which this country ever has received, the greatest

honor which it ever could receive, was derived from numbering with its

sons the immortal WASHINGTON.

Shall then a mistaken spirit of economy, and a still more mistaken

jealousy arrest us? Honor him, it is true, we cannot. The world has

charged itself with that task. Posterity, as long as the world shall

endure, will celebrate his virtues and his talents; those virtues and

talents of which every ingredient of their happiness will be a perpetual

evidence. But though we cannot honor him, we may dishonor ourselves;

though we cannot increase the lustre of his fame, we may show our own

meanness, cowardice, spite, and malice; and show an astonished world

that we are deplorably unworthy of the high honor conferred by Nature in

giving us a WASHINGTON.

I am, said Mr. H., awfully impressed by the subject. I sink under the

sublimity that surrounds it. No words can reach it; mine are totally

inadequate; to the feelings of the House then it must be submitted:

they, after anticipating all that genius or eloquence can say, will

still far surpass their boldest effusions.

Mr. RANDOLPH was very unfortunately situated, as he was compelled to

rise, not in his own defence, but in defence of the calumniated

reputation of that State which he revered, since from it he derived his

birth.

I will not, said Mr. R., enter into an elucidation of the motives of the

gentleman from South Carolina, which have produced so much asperity, and

such a virulence of rancor against the State of Virgina, but will

confine myself to the question on engrossing the bill.

The gentleman has talked to us about his disregard for the _locus in

quo_. Mr. R. said he cared as little for the _quo modo_, as the

gentleman did for the _locus in quo_.

He had further told us that a statue might be overthrown by a licentious

mob; and that this had actually been the case in the State of Virginia.

But, why had it been so? Because that statue had been erected in the

life-time of the person it celebrated; because it had been erected under

the Colonial Government; and because, like every other fetter of

tyranny, it was broken by the Revolutionary spirit that established our

liberties.

But, says the gentleman, statues are raised for subordinate men, for

this admiral or that general, who may deserve well of their country, but

who do not merit the highest distinctions of national gratitude. If this

measure of raising a mausoleum is to be only a cover for obtaining

statues for temporary and secondary and trifling characters, it may have

a very alarming influence upon us.

It is not easy, for a man of even less sensibility than myself, to hear

in silence the State in which I was born, and one of whose

Representatives I am, calumniated in the manner in which it had been

that day, by the gentlemen from Connecticut and South Carolina. In

defence of that State, actuated by a love to it, and not from any

respect to its detractors; not to repel any imputation of meanness, of

cowardice, of malice, which the gentleman from South Carolina has called

ours, (meaning, I suppose, his own,) I will inform him, and the

gentleman from Connecticut, that that State was the first to celebrate

the fame of the Hero of America, by erecting a statue to him in the

Capitol at Richmond.

The gentleman from Connecticut objects to a confidence in the record of

the historian. Does the gentleman wish to suppress the history of the

political events of 1776? Or does he believe that these events will be

handed down in association with the bloody buoy, and Porcupine's works?

Perhaps he has formed from his own mind a proper selection for our

children, and is against the press handing down any thing else?

Mr. H. said, that the gentleman from Virginia had misstated what he had

said. He had cast no reflection on the State of Virginia; but had barely

stated two instances of statues overthrown and destroyed, to illustrate

their frailty.

During the preceding debate, Mr. CLAIBORNE stated that the committee to

whom this subject had been committed, had obtained several estimates;

among which was one in writing, by Dr. Thornton, which states with

confidence that the expense of an equestrian statue would not exceed

from eight thousand to fifteen thousand pounds currency.

After some remarks from Mr. SHEPARD and Mr. LYON, the yeas and nays were

taken on engrossing the bill, and were--yeas 44, nays 40, as follows:

YEAS.--George Baer, Bailey Bartlett, John Brown,

Christopher G. Champlin, William Cooper, William Craik,

Franklin Davenport, John Dennis, George Dent, Joseph

Dickson, William Edmond, Thomas Evans, Abiel Foster,

Jonathan Freeman, Henry Glenn, Samuel Goode, Chauncey

Goodrich, Elizur Goodrich, Roger Griswold, William Barry

Grove, Robert Goodloe Harper, Archibald Henderson, William

H. Hill, Benjamin Huger, James H. Imlay, John Wilkes

Kittera, Henry Lee, Lewis R. Morris, Abraham Nott, Harrison

G. Otis, Thomas Pinckney, Jonas Platt, Leven Powell, John

Read, Nathan Read, John Rutledge, jr., John C. Smith,

Samuel Tenney, George Thatcher, John Chew Thomas, Richard

Thomas, Peleg Wadsworth, Lemuel Williams, and Henry Woods.

NAYS.--Willis Alston, Theodorus Bailey, John Bird, Phanuel

Bishop, Robert Brown, Gabriel Christie, Matthew Clay,

William Charles Cole Claiborne, John Condit, John

Davenport, Thomas T. Davis, John Dawson, Joseph Eggleston,

Lucas Elmendorph, Edwin Gray, Andrew Gregg, John A. Hanna,

Joseph Heister, David Holmes, George Jackson, Aaron

Kitchell, Michael Leib, Matthew Lyon, James Linn,

Nathaniel Macon, Peter Muhlenberg, John Randolph, William

Shepard, John Smilie, John Smith, Richard Dobbs Spaight,

Richard Stanford, Thomas Sumter, Benjamin Taliaferro, John

Thompson, Abram Trigg, John Trigg, Lyttleton W. Tazewell,

Philip Van Cortlandt, and Joseph B. Varnum.

The third reading of the bill was fixed for Thursday week; when the

House adjourned to Tuesday, the thirtieth.

TUESDAY, December 30.

_The Henderson claim to land guarantied by treaty to Chickasaw and

Cherokee Indians._

Another member, to wit, ROBERT WILLIAMS, from North Carolina, appeared,

and took his seat in the House.

A memorial of Pleasant Henderson and others, inhabitants of the State of

North Carolina, was presented to the House and read, stating their

claims to certain lands ceded by the State of North Carolina to the

United States, with a reservation of the claims of the petitioners; the

possession of which lands the United States have since guarantied by

treaty to the Chickasaw and Cherokee Indians; and praying relief in the

premises.

_Ordered_, That the said memorial do lie on the table.

WEDNESDAY, December 31.

_The Territory of Columbia._

On motion of Mr. H. LEE, the House went into a Committee of the Whole on

the bill in relation to the Territory of Columbia.

Mr. RANDOLPH moved to strike out the first section, which is in these

words:

_Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled_,

That the laws of the State of Virginia, as they existed on

the first Monday of December, in the year 1800, shall be

and continue in force in that part of the District of

Columbia which was ceded by the said State to the United

States, and by them accepted for the permanent seat of

Government; and that the laws of the State of Maryland as

they existed on the said first Monday in December, shall be

and continue in force in that part of the said District

which was ceded by that State to the United States, and by

them accepted, as aforesaid.

Mr. H. LEE said, that he was far from considering this bill as an act of

supererogation. The constitution had prohibited the States of Virginia

and Maryland from legislating for the Territory; and it now became a

question, whether the existing laws of those States were in force, which

question might come before the Judiciary. To obviate all doubts, this

bill, in the shape of a declaratory one, was reported.

Mr. NICHOLAS said, this bill is not, in my opinion, merely an act of

supererogation, but an act of immense mischief. I do not agree with my

colleague in the construction he gives the constitution. He is of

opinion, that the powers given to Congress on this subject must be

exercised by them. I think differently. These powers are like many

others conferred, which may or may not be exercised. It had never been

contended that we are obliged to carry into execution all the powers

with which we are invested. It is true, that we have nearly exhausted

the letter of our charter, in the extent to which we have gone; but this

fact furnished no reason for going still further.

A construction contrary to that contended for had been given by Congress

in the exercise of their power. The act of acceptance passed by

Congress, confirming the cessions made by Virginia and Maryland,

expressly declares, "that the operation of the laws of the State within

such District shall not be affected by this acceptance until the term

fixed for the removal of the Government thereto, and until Congress

shall otherwise by law provide."

Great force was attached to that part of the constitution which gave

Congress exclusive legislation over the Territory. But the same clause

of the constitution gave the same power over forts, magazines, arsenals,

&c. Yet this power had never been assumed by Congress. The possession of

the right had heretofore been considered as sufficient; the exercise of

it was reserved until peculiar circumstances should occur, which

rendered it necessary.

I believe the committee are not prepared to sanction this bill. To

sanction it would be to place the inhabitants of the Territory in a

situation for which they would not be thankful. It would impose upon

them all the laws of Virginia and Maryland, as they existed on the first

Monday of December, without those improvements which experience may

suggest.

If this bill passed, it would leave a considerable portion of the

inhabitants of the Territory without any judicial authorities to which

they could appeal. There were parts of Fairfax, Montgomery, and Prince

George's Counties, which would have no courts to which they could apply.

Another consequence that would result from the construction attempted to

be given to the constitution, was the deprivation of the inhabitants of

all participation either in Federal or State legislation. As, by the

construction, they would cease to be the subjects of State taxation, it

could not be expected that the States would permit them, without being

taxed, to be represented.

Could any man desire to place the citizens of the District in such a

state? To deprive them of the common right of participating in the

passage of laws which all the citizens enjoyed?

If the construction be sound, that we are bound to legislate, then all

the judicial proceedings which had taken place since the first Monday in

December, whatever affected either property or persons, were mere

nullities. I do not, however, believe the construction to be sound. I

believe it opposed both to the spirit of the constitution and to the

construction hitherto given by Congress. But were the construction just,

to adopt the proposed bill would be to act in a way inadequate to the

importance of the subject, which, involving in it a system of government

for a large portion of citizens, ought not to be acted upon with

precipitation, but ought to be conducted by the collected wisdom of

Congress derived from mature and deliberate reflection.

Mr. H. LEE said, my colleague is wrong in supposing this bill a part of

a permanent system. It is only intended to cure an evil which some

persons have supposed to exist, from the doubtful jurisdiction of the

States of Virginia and Maryland.

Mr. OTIS said, though I respect the talents of the committee who brought

in the bill, yet I cannot discover that it contains a single new view or

provision. Though I am myself at a loss to account for the necessity of

the bill, the committee were certainly right, if they entertained

doubts, to attract the attention of the House to them.

By the first act of Congress accepting the cession, the United States

have legislated in the very way the gentleman from Virginia now

proposes. As it appeared at that time impossible to form a code of laws,

those of Maryland and Virginia were confirmed till Congress should

legislate.

If it were true that Congress were bound to legislate themselves, an

equal obligation existed at that time with that which existed at

present. Their not having done so was a strong argument against the

construction now contended for.

To pass such a law as that now offered, instead of removing, would be

the very means of exciting doubt. The time may arrive when Congress must

go into the subject in detail, and make those provisions that were

necessary for a great city. But at present such a step was not called

for: the Territory had gone on very well for ten years without the

interposition of Congress, and I have no doubt it will continue for some

time to come to do well without it.

Mr. BIRD said, this question, in my opinion, is susceptible of a very

clear and precise solution. Did the acts of cession by the States, and

of acceptance by Congress, take away the jurisdiction of those States,

and vest it in Congress? The acts of Maryland and Virginia make a

complete cession of soil and jurisdiction to Congress. This cession has

been accepted by Congress. What is the consequence of one sovereign

transferring all jurisdiction to another sovereign? Does not the power

that cedes give up all right whatever to that which accepts? The words

of the constitution are that Congress shall exercise exclusive

legislation. If Congress exercise exclusive legislation, does it not

follow that no other body can exercise any legislation whatever?

The gentleman from Virginia (Mr. NICHOLAS) does not deny the power

altogether, but limits it, as a power that may or may not be exercised

by Congress; and, in illustration of his opinion, instances the power to

naturalize and to pass bankrupt laws. But the cases are not analogous.

These last are powers that Congress may or may not exercise. The

constitution does not apply to them the term exclusive; nor are they

shut out by the actual words of that instrument or by necessary

inference.

Over some objects Congress have partial authority; but in this case

their authority is absolute and exclusive of all other; from which

irresistibly follows the absolute cessation of all power in the ceding

body.

It was undoubtedly the intention of the framers of the constitution,

that after this Territory became the actual seat of Government, no

authority but that of Congress should be in force.

The act of cession by the States, after stating the terms of cession,

contains a proviso, that the power of legislation thereby vested in

Congress, shall not impair the force of the laws of Maryland and

Virginia, till Congress shall otherwise by law provide. A proviso is to

prevent something from being done that without it would be done.

Congress declared the same thing when they accepted the cession with the

same proviso. This proviso tends to supersede the cession. Having this

effect it must fall, as conflicting with the act to which it is a

proviso. It must be considered as absolutely void. A proviso is intended

to prevent the operation of a particular thing, not to give an operation

to it. It may prevent the enaction of a particular law, but it cannot

re-enact that law.

A difference of opinion seemed to exist as to the period when the powers

of the States were superseded. It was the opinion of some gentlemen that

they ceased on the completion of the act of cession. The committee

consider them as ceasing on the first Monday in December of the present

year. It became the House solemnly to settle this point before they

entered into the consideration of a complicated system of government. If

the Legislative powers of the States had ceased, it follows, as a

necessary consequence, that the Judicial powers had also ceased.

For these reasons I think it will be best to declare that things shall

remain in _statu quo_. If the ordinary jurisdiction established be not

competent, it may easily be made so.

Mr. RANDOLPH was not prepared to enter into a discussion of the

important point before the committee. He would only state the dilemma in

which the inhabitants of the District of Columbia would be placed by the

construction given to the constitution by his colleague, who was of

opinion that all Legislative and Judicial powers derived from Virginia

and Maryland, ceased on the first Monday of December. If this

construction were true, was it not equally true that the bill now

proposed would be of the same validity, and of no more validity, than

the act of acceptance passed by Congress.

From his being unprepared, what he offered was submitted more in the

form of hints than of correct arguments. But it seemed to him that if

the construction contended for should prevail, it would disfranchise the

corporations of Georgetown and Alexandria, and all other corporations

within the District. Would it not place the Territory in the situation

of a conquered country? According to this construction, the Territory

was in a state of anarchy, and murder, if committed, would be no crime.

Further, if the constitutional provision is obligatory upon us to assume

exclusive legislation, are we not bound to establish uniform laws

throughout the entire District? and of course are we not prohibited from

establishing one system in one place, and a different system in another?

One other objection merited the gentleman's notice. The laws of Virginia

precluded every officer under its Government from holding any Federal

office.

From the impression made on his mind by these considerations, Mr. R.

said, he would be wanting to himself and his country, if he agreed to

the bill. He hoped, therefore, that the Committee would rise, and not

precipitate a decision.

Mr. HARPER was in favor of the motion that the committee should rise,

for the purpose of recommitting the bill to a select committee. He would

state his reasons: The object of the first section was to assume the

jurisdiction. That was his object. He wished the establishment of a

Judiciary competent to the carrying into effect the laws now existing.

He wished this object to be accomplished in a fair, open, direct way. At

some future period Congress might find it necessary to enter on a system

of legislation in detail, and to have established numerous police

regulations. At this time, the present exigency would be provided for by

confirming the laws of Virginia and Maryland, and by giving effect to

them by the institution of a competent Judicial authority.

Mr. NICHOLAS said, that he should vote for the committee rising, from a

different motive from that which actuated the gentleman from South

Carolina. He hoped the business would be suffered for the present to

sleep.

The construction given to the constitution by the gentleman from New

York, did not render it merely expedient in Congress to assume

jurisdiction, but rendered it an absolute duty. In reply to his remarks,

the gentleman had alleged that the authority given by the constitution

in relation to this Territory, differed from the other powers vested in

Congress, inasmuch as the former investment of power had connected it

with the word _exclusive_; whereas the latter had not. The meaning which

Mr. N. affixed to that word, was altogether different from the one now

contended for. The constitution does not say Congress shall possess

exclusive power of legislation; but that they shall have power of

exercising exclusive legislation.

The acts of cession and acceptance contained a construction directly

opposed to that now made. They declare that the laws of Maryland and

Virginia shall continue till Congress shall alter them. Their cessation

is made to depend on an uncertain event, viz: whether Congress shall

legislate or not. Not a tittle in the constitution or in our practice,

under the constitution, infringed our liberty to act or not to act.

What would be the effect of this law on the inhabitants of the

Territory? It would impose on them the laws of Maryland and Virginia, as

they existed on a particular day, without any capability of improvement

from the improved code of those States.

Mr. N. had heard of no inconveniences which had arisen from the

non-assumption of power by Congress. The people in the Territory of

Columbia had been a happy people for more than a hundred years under

their State Governments; and, he had no doubt, would remain so without

the interposition of Congress, who, at present, were unqualified to act.

After some further remarks by Messrs. HARPER and H. LEE, the question

was taken on the committee rising, and carried without a division.

The committee rose; the Chairman requested leave to sit again, which was

not granted.

Mr. HARPER then moved to recommit the bill to the same committee that

introduced it. He said, the objection made by the gentleman from

Virginia to the assumption of power by Congress goes to say that the

constitutional provision, the acts of cession of Maryland and Virginia,

and the act of acceptance by Congress, shall be all a dead letter; and

that the Territory shall continue, as heretofore, under its old

jurisdiction. This was, to all intents and purposes, the amount of the

gentleman's remarks. He asked, what necessity for the exercise of power

by Congress? Had not the citizens lived happily for a hundred years

under the State Governments? This Mr. H. did not dispute. It was

probably true that they had lived as happily as other portions of

citizens under the State Governments. But the provision of the

constitution on this subject had not been made with this view. It was

made to bestow dignity and independence on the government of the Union.

It was to protect it from such outrages as had occurred when it was

differently situated, when it was without competent Legislative,

Executive, and Judicial power, to ensure to itself respect. While the

government was under the guardianship of State laws, those laws might be

inadequate to its protection, or there might exist a spirit hostile to

the general government, or at any rate indisposed to give it proper

protection. This was one reason, among others, for the provisions of the

constitution, confirmed and carried into effect by the acts of Maryland

and Virginia, and by the act of Congress.

The object of the gentleman was to defeat all these acts and all these

arrangements, in subversion of that provision which the constitution had

made, and of that necessity which it had foreseen.

The gentleman from Virginia requires more time. He thinks we are not

prepared to legislate. But if his (Mr. H.'s) ideas were adopted, there

would be no occasion for this. The Territory has laws; and Mr. H.

believed these laws would answer very well for fifty years, without

giving Congress much trouble to modify them.

The establishment of a Judiciary would be very easy, and would require

little time. As to a police, it may be necessary hereafter. At present

it was not necessary. With regard to a corporation, he was against it at

present, and he did not think it would ever be necessary.

Mr. NICHOLAS did not consider the power imparted by the constitution as

imperative. He, therefore, could not fairly be charged with a desire to

deviate from the designs of its framers. The power was like a coat of

armor, intended to protect the Government in periods of danger, and not

to be worn at all times for parade and show.

Remarks had been made to show that the dignity and independence of the

Government required the assumption. All such arguments, when set against

the happiness of the people, were inconclusive; Mr. N. had always been

taught to consider the true dignity of the Government as indissolubly

connected with the happiness of the people; and was unable to unlearn

all that he had heretofore acquired to this effect.

Mr. CRAIK agreed with the member from South Carolina, as far as his

remarks went, but he did not think they went far enough. He was himself

friendly to the institution of a local government for local purposes,

leaving all Federal powers to Congress. If the bill should be

recommitted, he would be prepared to offer a plan conformably to these

ideas. He felt no alarm at the doubts suggested of the validity of the

laws of Maryland and Virginia. He believed that they were still in

force; and did not think there was any absolute necessity for Congress

to act at all at present. Still, he thought that delay would only

multiply the inconveniences already experienced in the formation of a

plan of government. A plan might be framed, to protect the General

Government as well as, in some degree, the inhabitants of the Territory,

from any tyranny that some gentlemen supposed might be exercised by

Congress.

He concluded, by expressing a hope that a completely organized system

might be formed and adopted.

THURSDAY, January 1, 1801.

The House of Representatives having received information of the death of

Major General THOMAS HARTLEY, one of its members, who has represented

the State of Pennsylvania, in that branch of the National Legislature,

from the commencement of the Government until his death, do, therefore,

unanimously, _Resolve_, That the members testify their respect for the

memory of the said THOMAS HARTLEY, by wearing a crape on the left arm,

for one month.

_Resolved_, That the SPEAKER address a letter to the Executive of

Pennsylvania, to inform him of the death of THOMAS HARTLEY, late a

member of this House, in order that measures may be taken to supply the

vacancy occasioned thereby.

_Mausoleum to Washington._

An engrossed bill concerning GEORGE WASHINGTON was read the third time;

and, on the question that the same do pass,

Mr. DAWSON moved to recommit it. Lost--ayes 39, noes 44.

Mr. RANDOLPH moved to refer the bill to a select committee. Lost--ayes

32.

Mr. SPAIGHT and Mr. DAVIS then assigned their reasons for voting against

the bill.

The question was then taken on the passing of the bill, and it was

resolved in the affirmative--yeas 45, nays 37, as follows:

YEAS.--Bailey Bartlett, John Brown, Christopher G.

Champlin, William Cooper, William Craik, John Davenport,

Franklin Davenport, John Dennis, George Dent, Joseph

Dickson, Thomas Evans, Abiel Foster, Jonathan Freeman,

Henry Glenn, Samuel Goode, Chauncey Goodrich, Elizur

Goodrich, Roger Griswold, William Barry Grove, Robert

Goodloe Harper, Archibald Henderson, William H. Hill,

Benjamin Huger, James H. Imlay, John Wilkes Kittera, Henry

Lee, Silas Lee, Lewis R. Morris, Abraham Nott, Harrison G.

Otis, Thomas Pinckney, Jonas Platt, Leven Powell, John

Read, Nathan Read, John Rutledge, jr., John C. Smith, James

Sheafe, Samuel Tenney, George Thatcher, John Chew Thomas,

Richard Thomas, Peleg Wadsworth, Lemuel Williams, and Henry

Woods.

NAYS.--Willis Alston, Theodorus Bailey, Phanuel Bishop,

Robert Brown, Gabriel Christie, Matthew Clay, William C. C.

Claiborne, John Condit, Thos. T. Davis, John Dawson, Joseph

Eggleston, Lucas Elmendorph, Edwin Gray, Andrew Gregg, John

A. Hanna, David Holmes, George Jackson, Aaron Kitchell,

Michael Leib, James Linn, Nathaniel Macon, Peter

Muhlenberg, Anthony New, John Nicholas, John Randolph, John

Smilie, John Smith, Richard Dobbs Spaight, Richard

Stanford, Thomas Sumter, Benjamin Taliaferro, John

Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt,

Joseph B. Varnum, and Robert Williams.

_Resolved_, That the title of the said bill be "An act to erect a

Mausoleum for GEORGE WASHINGTON;" and that the Clerk of this House do

carry the same to the Senate, and desire their concurrence.

FRIDAY, January 2.

Another member, to wit, JAMES A. BAYARD, from Delaware, appeared, and

took his seat in the House.

On motion of Mr. GRISWOLD the House went into a Committee of the Whole

on the Judiciary bill; the House dividing--yeas 44, nays 33.

The bill was read through, when the committee reported progress, and

asked and obtained leave to sit again.

_Sedition Law._

The House proceeded to consider the report of the Committee of Revisal

and Unfinished Business, made the thirty-first ultimo, which lay on the

table, and the same being again read, in the words following, to wit:

"The Committee of Revisal and Unfinished Business further

report, in part:

"That, on examining the statutes of the United States, they

find that the act, entitled 'An act in addition to the act,

entitled "An act for the punishment of certain crimes

against the United States,"' passed the fourteenth day of

July, one thousand seven hundred and ninety-eight, will

expire on the third day of March, one thousand eight

hundred and one.

"And the said committee report their opinion, that the

above-mentioned act ought to be continued; and, therefore,

recommend the following resolution:

"_Resolved_, That the Committee of Revisal and Unfinished

Business be authorized to report a bill for continuing the

act, entitled 'An act in addition to the act, entitled "An

act for the punishment of certain crimes against the United

States,"' passed the fourteenth day of July, one thousand

seven hundred and ninety-eight."

It was moved and seconded that the said report be committed to a

Committee of the whole House. And the question being taken thereupon, it

was resolved in the affirmative--yeas 47, nays 33.

_Ordered_, That the said report be committed to a Committee of the whole

House on Tuesday next.

MONDAY, January 26.

Several other members, to wit: from Kentucky, JOHN FOWLER; from

Virginia, SAMUEL J. CABELL; and from New York, EDWARD LIVINGSTON,

appeared, and took their seats in the House.

THURSDAY, January 29.

_Rules for Electing President when no Election by Electors._

The following resolution, proposed by Mr. RUTLEDGE, was presented to the

House, which, being read, was ordered to lie on the table.

"_Resolved_, That a committee be appointed to prepare and

report such rules as, in their opinion, are proper to be

adopted by this House, to be observed in the election of a

President of the United States, whose term is to commence

on the fourth day of March next, provided the Electors

appointed under the authority of the States have not

elected a President for that term."

FRIDAY, January 30.

_Election of President when the two highest on the List voted for have

an equal number of Votes._

Mr. BAYARD submitted the following resolution, to wit:

_Resolved_, That, in the event of its appearing upon the

counting and ascertaining of the votes given for President

and Vice President, according to the mode prescribed by the

constitution, that an equal number of votes have been

given for two persons, that as soon as the same shall have

been duly declared and entered on the journals of this

House, that the Speaker, accompanied by the members of the

House, shall return to this Chamber, and shall immediately

proceed to choose one of the two candidates for President;

and in case, upon the first ballot, there shall not appear

to be a majority of the States in favor of one of the

candidates, in such case the House shall continue to ballot

for President, without interruption by other business,

until it shall appear that a President is duly chosen; and,

if no such choice should be made upon the first day, the

House shall continue to ballot from day to day, till a

choice shall be duly made.

_Ordered_, That the consideration of the said motion be postponed until

Monday next.

MONDAY, February 2.

A new member, to wit, EBENEZER MATTOON, returned to serve as a member of

this House for the State of Massachusetts, in the room of Samuel Lyman,

who has resigned his seat, appeared, produced his credentials, was

qualified, and took his seat in the House.

_Election of President._

A motion being made and seconded that the House do come to the following

resolution, to wit:

_Resolved_, That a committee be appointed to prepare and

report such rules, as, in their opinion, are proper to be

adopted by this House, to be observed in the choice of a

President of the United States, whose term is to commence

on the fourth day of March next, if, when the votes which

have been given by the electors appointed under the

authority of the States shall have been counted, as

prescribed by the constitution, it shall appear that no

person for whom the electors shall have voted, has a

majority, or that more than one person, having such

majority, have an equal number of votes:

_Ordered_, That Mr. RUTLEDGE, Mr. NICHOLAS, Mr. GRISWOLD, Mr. MACON, Mr.

BAYARD, Mr. TALIAFERRO, Mr. FOSTER, Mr. CLAIBORNE, Mr. OTIS, Mr. DAVIS,

Mr. MORRIS, Mr. CHAMPLIN, Mr. BAER, Mr. COOPER, Mr. LINN, and Mr. WOODS,

be appointed a committee, pursuant to the said resolution.

_Ordered_, That the motion made on Friday last relative to the mode of

commencing and continuing the ballot for the choice of a President of

the United States, be referred to the committee last appointed.

_District of Columbia._

The House then went into Committee of the Whole on the bill for the

government of the District of Columbia. While the question was being

taken for the House to resolve itself into a committee, Mr. SMILIE rose

and moved the postponement of this order till the third day of March

next. He made this motion, he said, in order to try the sense of the

House, whether they were determined to assume the jurisdiction or not.

He hoped it would not, and was proceeding to show his reasons, when

The SPEAKER reminded him of the order of the House. He could not be

permitted to discuss the merits of the bill under this motion.

Mr. SMILIE conceived the question to affect the bill generally, and

simply to be, whether the House would agree to disfranchise some

thousands of persons of their political rights, which they now enjoyed.

If this was not considered an object of importance enough to command

attention, he must confess other gentlemen saw it in a very different

light from that in which he viewed it. By the passage of this bill, the

people of the district would be reduced to the state of subjects, and

deprived of their political rights, and he very much doubted whether not

of their civil rights also. If, indeed, there was such an imperious

necessity of assuming the jurisdiction, of which he was by no means

convinced, then it must be done; but, if that great and immediate

necessity did not exist, why should this privation of rights take place?

If it was necessary to reduce the City of Washington to a state of local

government by an incorporation, he contended that act could be done by

the State Legislature; as he did not conceive the local demands of the

people called for it, as they could want no such assumption as the bill

contemplated, and as he could perceive no advantage to be derived to the

General Government thereby, and as the assumption would eventually

injure the people, he trusted it would be postponed, at least.

Mr. RUTLEDGE said, he had always uniformly opposed any motion for

postponing a bill, the consideration of which the House had not gone

into. Although it might be in order, it could not be perfectly fair,

from various considerations; if, however, it were only from its tendency

to preclude the investigation of the bill, it were sufficient. The

gentleman had stated it not to be necessary. Who are to judge? Most

assuredly the people belonging to the Territory. And what have they

said? Why, sir, they have prayed the House to assume the jurisdiction.

From this petition the subject was referred to a committee, and this

committee have reported a bill, and a bill well discussed and well

matured in its detail. To refuse this bill from a diversity of

sentiment, would be to insult the committee, and to insult the people of

the Territory. If the gentleman wishes to please the people, why does he

not suffer the consideration of the bill to proceed, and afford his aid

in making it what he supposes their desires would concur in? Perhaps the

gentleman has not read the bill. Mr. R. said, if he had not, how was he

to know whether it was good or bad? Something must be done. He wished to

get at that something, but was precluded by the motion. It certainly

became the gentleman to show how this bill would operate injuriously

upon the people, as a reason for his motion. Disfranchisement, to be

sure, had been mentioned as the result of this bill; but how was the

House to know that would be its tendency, except by going into its

investigation?

Mr. CRAIK, also, considered this order of the House as the most unfair

one among the rules of the House. However, it must be permitted while

the order continued. The gentleman had said the people were in a state

of vassalage; how was this declaration to be refuted, if the order of

the House forbade the investigation into the application of this bill to

the liberties of the people? The gentleman further said, that the people

did not desire this assumption of jurisdiction. Were he, Mr. C. said, to

give an opinion upon the subject, it would be drawn from the same source

with that expressed by the gentleman, but of a very different import. He

should say, as far as his knowledge of their sentiments extended, and he

professed to be pretty well acquainted with their ideas upon this

subject, that their feelings, their interests, and their desires

conspired to encourage the assumption, and to prevent the postponement

of the subject. As the immediate representative of a large proportion of

them, he could say that much uncertainty and disquiet convulsed the

minds of many good and wise men among them; that their present

uncertainty was truly deplorable; that serious doubts existed with

judicious men how far the grants and acceptance of lands, or of their

papers, afforded them security for value received; doubts existed, in

all their acts of negotiation, whether their respective State laws held

any government over them? And this state of insecurity as to their

property, could not fail to have an injurious effect. They doubted

whether all other jurisdiction did not immediately cease, upon the

removal of Congress to the District; and should Congress break up

without assuming the jurisdiction, and taking other suitable measures to

fix the Government, it would not fail to paralyze every exertion and

effort toward a successful establishment. No man at present can assure

himself of the right by which he holds his property, or remove his

apprehensions. They now called loudly upon the National Government to

remove from them this state of doubt and uncertainty; this is the object

of the bill before the House; by this bill, a variety of inconveniences

are removed, and the Government use their effort to make their situation

at least more certain; and, he had no doubt, more safe and desirable.

This it was incumbent on the Government to do; and this, he trusted, a

majority of the House would be disposed to do soon. If the objects or

provisions of the bill did not meet that gentleman's desires, he wished

an opportunity to hear the objections, to enable him, as far as in his

power, to remove them.

Mr. SMILIE was proceeding to show that, at any rate, such a bill as the

present ought not to pass, when

The SPEAKER interrupted him, saying that any arguments that went to show

that the third day of March was a more proper time than the present for

this bill to pass would only be in order.

Mr. SMILIE continued to show the impropriety of the bill, and the

inevitable injuries that must be sustained by it, when he was again

reminded of the question of order.

Mr. S. proceeded: that it might be the wish of some of the people, he

would not say; but he denied that such a wish had been expressed, and

therefore it ought not to be considered as correct. As to the question

of doubt on the minds of the people, whether or not they held their

property secure, not being certain of the existence of their former

State laws, he referred to the acts of cession, passed by the States of

Maryland and Virginia respectively, the words of which were, that the

laws remained in force "until Congress shall by law otherwise provide."

Under this express provision, the cession was made by the two States;

and by this provision the Government of the United States accepted the

grant of the ten miles square. And, therefore, until Congress by law

should accept of the jurisdiction and nullify the laws of those States

over the District, there could be no doubt but they remained in full

force, and property was held as secure under those laws as ever. As he

had before observed, he contended that an act of incorporation could be

obtained for the city of Washington without this bill. From all these

grounds, he believed the bill to be at present unnecessary.

Mr. H. LEE did not wonder at this opposition, considering the quarter

from whence it came; perhaps, he said, if he had come from Pennsylvania,

the idea of losing the General Government might instigate him to wish to

give the stabbing blow to every act which should go to the establishing

of that Government in another place. But, he trusted, as these local

reasons could not influence gentlemen from other States, they would not

concur in his arguments. He trusted other gentlemen would lay to their

hands and join to make this District a settled Government, and go into

the examination of the principles proposed to accomplish that measure.

He hoped not merely words of kindness escaping from the lips of

gentlemen, would be deemed by them sufficient, but that their efforts

would be used to produce a well-digested and valuable government, for

the security of their civil and political rights.

With respect to the act of cession, he contended that the solemn

injunctions of the constitution were detailed in words upon which the

most critical could not find wherewith to hang a doubt. There the

Congress of the United States were enjoined to "exercise exclusive

jurisdiction." When was this jurisdiction to commence but at the period

when the General Government should occupy it? Was not, then, this spot

become the permanent seat of the Government of the Union? Were not the

different departments, Executive, Legislative, and Judicial, assembled,

according to the constitution, in this District? How, then, could the

respective States of Virginia and Maryland a moment longer possess the

jurisdiction? It was completely done away, and nothing was now wanting

to remove the miserable state of suspense the people now felt, but the

declaration of the Government that this was the case; that moment would

all their fears be appeased. As a friend to those people, then, as much

as that gentleman could be, he hoped an opportunity would be given to

examine the bill, not doubting but it would be made to meet the wishes,

as he was assured it would be the interest of the people to be governed

by it.

Mr. MACON said the motion was perfectly in order, and explained some of

the cases for which it was established, as a rule of the House. As to

the jurisdiction being assumed by the removal of Congress here, as the

gentleman last up had said, were that the case, not only by this bill

would it be assumed, but the acts of the two States must have ceased

from the day Congress first sat here; a deduction by no means supported.

The only evidence the House had of the desire of the people to come

specially under the National Government, was a petition from Alexandria,

except that the gentleman from the District had learned so among his

friends. But did that express the will or wishes of the inhabitants of

the surrounding country.

As he believed the laws of the States to be in full force; as he

believed they would remain so until otherwise enacted by Congress, and

as postponing the bill till the third of March would afford the people a

large time to reflect on the subject, and express their will more

generally, he hoped the postponement would take place. He would remind

the House that this measure once taken, could not be undone; and,

therefore, prudence would dictate that time should be taken to do it

well. The act could not be repealed without amending the constitution.

If the gentleman only calculated upon an opposition from Pennsylvania,

he was mistaken. Mr. M. presumed that he could not be supposed to have

local attachments, residing very far from the former, or the present

seat of Government; he was, notwithstanding, opposed to taking up this

subject at present, and even during the present session. The delay of

acceptance could not displease the inhabitants, if they were satisfied

as to the present jurisdiction, which did not, in his opinion, admit of

a doubt. It was impossible that the postponement could be attended with

any inconvenience; they had been in the same situation for ten years,

and wherein could be the inconvenience of their remaining so? Nay, there

must be advantages in their usages and customs being continued to them.

He wished this matter to be postponed till another session.

Mr. BIRD never could suppose that the members of the Legislature would

be satisfied with their removal from a place of accommodation to a

wilderness, and with subjecting themselves to the inconveniences of this

place, without exercising all the powers intrusted to them, and taking

the jurisdiction to the Government, the members and subordinates of

which were to subject themselves to the code of laws under which they

should place themselves. A motion, therefore, to continue the

jurisdiction out of the hands of the Government, much surprised him. All

the arguments used by the gentleman in favor of a postponement, would

operate fully to the entire abandonment of the subject; and did he

suppose that all the expense attending the removal of the whole

Government, all the inconvenience experienced, would be, or ought to be,

borne without the enjoyment of that constitutional right, nay,

injunction, of "exclusive legislation?" What could have been the reason

why Congress was to assume this exclusive legislation? Did not the

members of the convention know that a great quantity of public treasure

would be drawn together into this place? Did they not suppose it of

importance to secure the privileges and rights of foreign ministers, who

would necessarily be brought to reside in this District? Did they not

consider the number of persons attached to the Government worthy of the

special regard of the national Legislature? Could any gentleman conceive

that these were not too great powers to be intrusted to any State

whatever? Else why was the provision for exclusive jurisdiction made? To

avoid putting those powers into execution, he firmly believed, would be

omitting a great and important duty. But, were it not for the words of

the constitution, the words of the acts of cession made by the States

were as ample upon the subject as one sovereign power in the act of

granting, and another sovereign power in the act of receiving a cession,

could make. This was precisely the case; the two States made a full and

complete cession of the jurisdiction to the General Government, upon the

terms of the constitution, which were to "exercise exclusive

legislation, in all cases whatever, over such District," which had, by

the cession of those particular States, and the acceptance of Congress,

become the seat of the Government of the United States. How, he would

ask gentlemen, could this be granted, and yet retained? It was absurd to

suppose a man could grant a piece of land, and by the same instrument

retain it.

But suppose this was a doubtful subject, whether or not the laws of the

two States were in force in the District; would the gentleman still wish

to leave it in doubt? Surely no new laws could be made by those States

to affect this district, actually made the seat of Government, and he

contended that none of the laws whatever did exist here, and that the

power of the civil officers actually had ceased; it therefore required

no painting to show that the state of the place was truly deplorable.

Would the gentleman yet wish to leave the District without laws, and

merely lest it should take away their suffrage? That the people could

not be represented in the General Government, Mr. B. admitted. But where

was the blame, if any could attach? Certainly not to the men who made

the act of cession; not to those who accepted it. It was to the men who

framed the constitutional provision, who peculiarly set apart this as a

District under the national safeguard and Government. But, he contended,

there was no injury sustained. What less compensation than the

particular legislation of this District could be required for the

removal of the Government, whereby in these almost uninhabited woods the

beginnings of a rich and prosperous city was commenced, and made the

capital of the United States?

The motion for postponement was withdrawn without a question being

taken, and the House resolved itself into a Committee of the Whole on

the bill. Mr. SMILIE moved to strike out the first section of the bill.

Mr. SMILIE said he would willingly give the reasons which prompted him

to make the motion, and he hoped the gentleman would as freely make his

reply. If it could be proved to him that the rights of these people

could be reserved by the passage of the bill, it would give him

pleasure, but, believing it to be impossible, he wished to destroy the

bill. It could not be denied but that the people of this District were

precisely in the same situation at present which they always had been,

and subject to the same laws, but would it be so when the Government

once accepted the cession? It would not. Not a man in the District would

be represented in the Government, whereas every man who contributed to

the support of a government ought to be represented in it, otherwise his

natural rights were subverted, and he left, not a citizen, but a

subject. This was one right the bill deprived these people of, and he

had always been taught to believe it was a very serious and important

one. It was a right which this country, when under subjection to Great

Britain, thought worth making a resolute struggle for, and evinced a

determination to perish rather than not enjoy.

Another, and an important right, of which those people were about to be

deprived, was, that their Judges and their Governor were not to be the

choice of themselves, but of the President. The privilege of a local

Legislature might be given to the people, but of what avail could they

be if the Governor appointed by the President could deprive them of

every act they might make by his negative? Where was their security if

the acts of these Representatives of the people could be to-morrow

revoked by a power deriving authority from elsewhere? Much as gentlemen

might talk about dignity of government, nothing, he thought, would more

comport with true dignity than liberty, and without it dignity of

government was not worth a name. It surely must be disagreeable for the

Government to be in the midst of a people who are deprived of their

rights, and what insecurity there ever had been, or ever would be, to

the Government, from its residence under the laws of the States, he

could not conceive. He had never known of any. If he could be convinced

that the people would not be deprived of these rights, among others, he

would agree to some such bill as this.

Mr. DENNIS acknowledged that had he the same impressions as the member

who had just sat down, he would not hesitate for a moment to believe

that liberty had been forced to yield to a reign of absolute slavery.

But from a consideration of the interests of the people, of the dignity

of the Government, and of the seat of the Congress, together with the

reflections of the gentleman who had just resumed his seat, he felt

himself called upon to make some observations by way of an answer.

As to the interests of the people, could it for a moment be doubted that

a local government, a judiciary, and a legislature, would be highly

advantageous? Could any man doubt but it would be more convenient and

advantageous for the inhabitants to attend the courts in this place than

to be taken away to Richmond or to Annapolis? It had been always an

approved privilege that justice should be brought home to every man's

door, and where could it be more so than by the establishment of a

judiciary, especially for this District? Nor were the advantages less,

he contended, in the legislative department. If a ready communication

with their representatives was desirable to the people, by the residence

and sitting of the representatives of this District being within itself,

the communication was easy, and the rights of the people in their local

concerns more attainable, surely, than though they had to go to Richmond

or to Annapolis. But, taking a more comprehensive view of the subject,

Mr. D. asked if the general interests of the District would not be more

secured by persons immediately acquainted and concerned, than by persons

of different States, and at a distance from the place? One or two

representatives to each legislature would be the utmost that the

District could send, and these placed among men of different interests,

what could be expected compared to a body such as is prescribed by this

bill, drawn from among the people themselves? In these legislatures, the

numerous local circumstances which must call for attention in a newly

planted and rapidly growing capital, never can receive due attention.

Every person must know that a great proportion of business must arise

from a commercial city. From observation he could say that about

one-third of the business of the Legislature of Maryland usually arose

from Baltimore alone. As this city, therefore, grew in population and in

trade, the demand for legislative attention would increase, and either

its interests must be neglected, or the sitting of the State

legislatures must be protracted too far. Besides this, experience must

have taught gentlemen that numerous bodies could not so well attend to

the minute advantages of a place like this as small bodies, and

particularly such as well knew its situation and circumstances.

It had been said that these people were happy. Mr. D. admitted it; but a

change of circumstances made an inevitable difference, and required a

different mode of legislating. This District of the General Government,

being a part of two States, must require an alteration from its former

government. Surely the organization of a local body must be more

advantageous than any modifications which could be made by those two

Legislatures. So far from a rule of despotism then being over these

people, he thought the passing of this bill would much increase their

prosperity. It was said that, by the assumption of the jurisdiction,

these people would ask how much they were heretofore represented in the

two Legislatures to which they sent delegates. They were so in name, but

very little in essence, from the comparatively small number they could

send to the Legislatures. But the arguments went as much against the

assumption at any future time as at present. That it would be some time

taken up there could be no doubt. It ought therefore to be recollected,

that if it would ever be proper, a period more unfavorable to the

interests of the people might be selected than the present, and

therefore the present moment ought to be accepted, and especially so, as

he believed the people were desirous of it, and were satisfied with the

features of the bill. From their contiguity to, and residence among the

members of the General Government, they knew, that though they might not

be represented in the national body, their voice would be heard. But if

it should be necessary, the constitution might be so altered as to give

them a delegate to the General Legislature when their numbers should

become sufficient. Upon the whole, he could see no measures which would

more immediately promote the interests of the people of this district,

and give stability to their minds, and to their concerns with each

other, than the present bill and, therefore, he hoped the section would

remain.

Mr. MACON said, he could see no such immediate necessity for this law. A

gentleman had told the committee it was necessary because the States did

not pay regard to it. Mr. M. supposed the same attention was paid to

this district as usual, and the same as was paid to any other particular

part. He believed their political and local rights were as perfectly

secure without this bill as any other part of those States, and if the

object of gentlemen was to make it better or worse, he should be opposed

to it. Before the least change from their former situation, some

inconveniences ought to be mentioned under which they labored, and this

had not been done, more than mere conjecture and surmises had

engendered. Most assuredly there ought to be some good ground for this

assumption, because it was not merely a common act of the Legislature,

which could be repealed or amended as soon as passed. It was an act of a

nature that could not be essentially altered without an alteration in

the constitution, because if the assumption was once accepted, it could

not be parted with.

It would be so far from advantageous to the city of Washington, Mr. M.

said, that it must essentially injure it. On one side of the water was

Alexandria, a populous town; on the other side was Georgetown. Would not

these two give to the legislature a majority? And if so, a more palpable

evil could not be put upon the city than by putting it in with more

numerous towns whose interests would ever be opposed to the growth of

the city. There would inevitably be an Alexandria interest, a Georgetown

interest, and a city interest, and those struggling with each other.

It was said to be inconvenient to be represented at a distance, from the

want of an easy communication. How could this be? What was more easy

than for letters and instructions to be sent by post? The communication

was easy from all parts of the United States to Congress, and could be

equally so to any place where the post goes. There could be no doubt but

the States would pay as much attention to the interests of this

District, if it continued under their jurisdiction, as ever had been

done, and more: by not suffering it to endure any injury which it could

prevent, Congress should immediately take the jurisdiction. The language

and meaning of gentlemen could be well understood. Gentlemen were called

to support the measure with energy, while they had strength. No doubt

this was the principal ground of their endeavors to push the measure,

although the Legislature had but just met here, and there had been

scarce time to know what would be the proper regulations to adopt. But

he wished to remind them, that although the law might be passed, the

time would not be far off when his friends would be in the minority, and

some considerable alterations might be made in it.

Mr. M. then proceeded to the details of the bill. He disliked the

establishment of a government, the executive and judiciary of which were

in the appointment of the President of the United States, the former for

three years and the latter during good behavior: and these, both

governor and judges of the superior and inferior courts, to be paid out

of the Treasury of the United States. Could it be the wish of the

gentleman, he asked, to establish in the very heart of the United

States, and immediately under the eye of the Government, such a

principle as that these rulers should be independent and entirely above

the control of the people? He declared that if he should be in Congress

again, and as long as he ever should be in the House, he should

constantly make it his duty to exert himself for the repeal of so bad a

principle, and leave the governor, the judges, and the Legislature,

immediately amenable to the people. Another thing he should also be ever

opposed to, was the manner of this House of Representatives and Senate

being chosen, and the time of their continuance. Why should they be

elected here for two years, when in all the State Legislatures, he

believed they were chosen annually, except two, in one of which they

were elected every six months, and in the other, every two years. A

greater absurdity still was evinced in the time for which, and the

manner how the Senators were chosen--six years, and by electors.

Although in these things there was a similarity to the choice of the

General Government, he would ask what similarity there could be in the

two Governments? In the one there is a vast extent of country and a

numerous population; in the other, a small population, a small tract of

country, and an almost general knowledge by every one of every

individual in it. He doubted whether the Legislature of the Union could

at all delegate powers to this local government; but whether or not, he

could see no kind of necessity during the present session to assume

them. The Government would go on as well as before, and he had no doubt

the city would continue in that rapid state of prosperity gentlemen had

witnessed since they arrived here.

The committee rose without taking a question, and had leave to sit

again.

TUESDAY, February 3.

A new member, to wit, JOHN STEWART, returned to serve as a member of

this House for the State of Pennsylvania, in the room of Thomas Hartley,

deceased, appeared, produced his credentials, was qualified, and took

his seat in the House.

_District of Columbia._

The House resolved itself into a Committee of the Whole on the bill for

the government of the District of Columbia, when the question was taken

on the motion made yesterday, for striking out the first section, and

negatived, ten members only rising for it.

Mr. GREGG then proposed an amendment to the first section, the object of

which was to make the election of representatives annual, instead of

biennial as contemplated by the bill. This motion brought on a lengthy

discussion, being supported by Messrs. J. SMITH, CLAIBORNE, NICHOLAS,

GALLATIN, and MACON; and opposed by Messrs. CRAIK, HARPER, BAYARD, H.

LEE, THOMAS, and DENNIS. On the question for agreeing to the motion, it

was determined in the negative--48 voting for it and 50 against it.

A motion was then made by Mr. CLAIBORNE, so to amend the first section

as to extend the privilege of voting to persons who are not freeholders;

that privilege being confined by the bill to freeholders exclusively.

This motion brought on a short debate, in which Messrs. KITCHELL,

NICHOLSON, SMITH, MACON, TAZEWELL, and NICHOLAS supported the motion,

and Messrs. HARPER, CRAIK, DENNIS, and GALLATIN, opposed it. On the

question that the House do agree to the motion, it was determined in the

negative, there being 48 votes for, and 50 against it.

WEDNESDAY, February 4.

_District of Columbia._

The House resolved itself into a Committee of the Whole on the bill for

the government of the District of Columbia.

A motion was made by Mr. GALLATIN to amend the first section of the

bill, so as to extend the privilege of voting for representatives to

persons other than freeholders, who are possessed of property in the

District to the value of eighty dollars.

Mr. HARPER proposed an amendment to the foregoing amendment, that a

citizen, not being a freeholder, in order to qualify him as an elector,

must be a housekeeper, and possessed of property of the value of one

hundred dollars, to be ascertained by the record of the last assessment

next preceding the period of offering his vote.

Mr. GALLATIN'S amendment was withdrawn, and Mr. HARPER'S, which, though

offered as an amendment, was a complete substitute for it, was adopted.

Mr. CLAIBORNE proposed as an amendment to this same section, to reduce

the term of a Senator continuing in office from six to three years.

The motion was negatived.

Mr. TAZEWELL moved to strike out the Senate altogether, on the ground

that Congress, having the revision of all laws that may be passed for

the territory, and the power of rejecting such as they did not approve,

would be a sufficient check on the Representatives without a Senate.

This motion was negatived.

Mr. MACON moved as an amendment, that the Senators should be elected

immediately by the people, and not by electors, as proposed by the bill.

This motion was also lost.

A motion was made by Mr. NICHOLSON, that the electors should not be

permitted to choose themselves as Senators.

This motion was adopted.

The committee rose, reported progress, and asked leave to sit again.

FRIDAY, February 6.

A new member, to wit, LEVI LINCOLN, returned to serve in this House as a

member from Massachusetts, in the room of Dwight Foster, elected a

Senator of the United States, appeared, produced his credentials, and

took his seat in the House.

_Rules for Election of President._

Mr. RUTLEDGE, from the committee appointed, on the second instant, to

prepare and report such rules as, in their opinion, are proper to be

adopted by this House to be observed in the choice of a President of the

United States, made a report; which was read.

[See _post_, Monday 9th, as amended.]

MONDAY, February 9.

_Ordered_, That the Committee of Claims, to whom was referred, on the

thirtieth ultimo, the memorial of sundry clerks employed in the

different departments, be discharged from the further consideration

thereof, and that the same be referred to the Committee of Revisal and

Unfinished Business.

Mr. RUTLEDGE, from the committee appointed on the part of this House,

jointly, with the committee on the part of the Senate, to ascertain and

report a mode of examining the votes given for President and Vice

President of the United States; of notifying the persons elected of

their election, and the time, place, and manner of administering the

oath of office to the President, reported that the committee had taken

the subject referred to them under consideration, but had come to no

agreement thereupon.

A message from the Senate, informed the House that the Senate would be

ready to receive the House in the Senate Chamber, on Wednesday next, at

twelve o'clock, for the purpose of being present at the opening and

counting of the votes for President of the United States; and that the

Senate have appointed a teller on their part, to make a list of the

votes for President of the United States as they shall be declared.

_Rules for Election of President._

The House proceeded to consider the report made on Friday last, from the

committee appointed to prepare and report rules proper to be observed in

the choice of a President of the United States: Whereupon,

_Ordered_, That the said report be committed to a Committee of the whole

House immediately.

The House, accordingly, resolved itself into a Committee of the Whole on

the said report; and, after some time spent therein, the Chairman

reported that the committee had had the said report under consideration,

and directed him to report to the House their agreement to the same,

with an amendment; which he delivered in at the Clerk's table, where the

same was read. The House then proceeded to consider the report:

Whereupon, the amendment reported from the Committee of the whole House

to the said report, was, on the question put thereupon, agreed to by the

House.

A motion was then made and seconded that the House do disagree with the

Committee of the whole House in their agreement to the fourth rule

contained in the said report, in the words following, to wit:

"4th. After commencing the balloting for President, the

House shall not adjourn until a choice is made:"

And, the question being taken thereupon, it passed in the negative--yeas

47, nays 53.

A motion was then made and seconded that the House do disagree with the

Committee of the whole House in their agreement to the fifth rule

contained in the said report, in the words following, to wit:

"5th. The doors of the House shall be closed during the

balloting, except against the officers of the House:"

And, the question being taken thereupon, it passed in the negative--yeas

45, nays 54.

_Resolved_, That this House doth agree with the Committee of the whole

House in their agreement to the said report, as amended, in the words

following, to wit:

"That the following rules be observed in the choice by the

House of Representatives of a President of the United

States, whose term is to commence on the fourth day of

March next.

"1st. In the event of its appearing, upon the counting and

ascertaining of the votes given for President and Vice

President, according to the mode prescribed by the

constitution, that no person has a constitutional majority,

and the same shall have been duly declared and entered on

the journals of this House, the Speaker, accompanied by the

members of the House, shall return to their Chamber.

"2d. Seats shall be provided in this House for the

President and members of the Senate; and notification of

the same shall be made to the Senate.

"3d. The House, on their return from the Senate Chamber, it

being ascertained that the constitutional number of States

were present, shall immediately proceed to choose one of

the persons from whom the choice is to be made for

President; and in case upon the first ballot there shall

not appear to be a majority of the States in favor of one

of them, in such case the House shall continue to ballot

for a President, without interruption by other business,

until it shall appear that a President is duly chosen.

"4th. After commencing the balloting for President, the

House shall not adjourn until a choice be made.

"5th. The doors of the House shall be closed during the

balloting, except against the officers of the House.

"6th. In balloting, the following mode shall be observed,

to wit: The representatives of the respective States shall

be so seated that the delegation of each State shall be

together. The representatives of each State shall, in the

first instance, ballot among themselves, in order to

ascertain the votes of the State; and it shall be allowed,

where deemed necessary by the delegation, to name one or

more persons of the representation, to be tellers of the

ballots. After the vote of each State is ascertained,

duplicates thereof shall be made; and in case the vote of

the State be for one person, then the name of that person

shall be written on each of the duplicates; and in case the

ballots of the State be equally divided, then the word

"_divided_" shall be written on each duplicate, and the

said duplicates shall be deposited in manner hereafter

prescribed, in boxes to be provided. That, for the

conveniently taking the ballots of the several

representatives of the respective States, there be sixteen

ballot boxes provided; and that there be, additionally, two

boxes provided for the purpose of receiving the votes of

the States; that after the delegation of each State shall

have ascertained the vote of the State, the

Sergeant-at-Arms shall carry to the respective delegations

the two ballot boxes, and the delegation of each State, in

the presence and subject to the examination of all the

members of the delegation, shall deposit a duplicate of the

vote of the State in each ballot box; and where there is

more than one representative of a State, the duplicates

shall not both be deposited by the same person. When the

votes of the States are all thus taken in, the

Sergeant-at-Arms shall carry one of the general ballot

boxes to one table, and the other to a second and separate

table. Sixteen members shall then be appointed as tellers

of the ballots; one of whom shall be taken from each State,

and be nominated by the delegation of the State from which

he was taken. The said tellers shall be divided into two

equal sets, according to such agreement as shall be made

among themselves; and one of the said sets of tellers

shall proceed to count the votes in one of the said boxes,

and the other set the votes in the other box; and in the

event of no appointment of teller by any delegation, the

Speaker shall in such case appoint. When the votes of the

States are counted by the respective sets of tellers, the

result shall be reported to the House; and if the reports

agree, the same shall be accepted as the true votes of the

States; but if the reports disagree, the States shall

immediately proceed to a new ballot, in manner aforesaid.

"7th. If either of the persons voted for, shall have a

majority of the votes of all the States, the Speaker shall

declare the same; and official notice thereof shall be

immediately given to the President of the United States,

and to the Senate.

"8th. All questions which shall arise after the balloting

commences, and which shall be decided by the House voting

_per capita_ to be incidental to the power of choosing the

President, and which shall require the decision of the

House, shall be decided by States, and without debate; and

in case of an equal division of the votes of States, the

question shall be lost."

TUESDAY, February 10.

_Credentials of Members._

Mr. DENT, from the standing Committee of Elections, made a report, which

he delivered in at the Clerk's table, where the same was read, and is as

follows:

"The Committee of Elections having examined the credentials

of several members claiming seats in this House, report:

"That, by two certificates of the Governor of

Massachusetts, under seal of the State, and dated the ninth

day of January, one thousand eight hundred and one, it

appears by one of the said certificates that Ebenezer

Mattoon is duly elected to serve as a member of the House

of Representatives of the United States, in the room of

Samuel Lyman, stated therein to have resigned; and by the

other certificate, that Levi Lincoln is duly elected as

aforesaid, in the place of Dwight Foster, appointed a

Senator of the United States.

"It appears, also, by a letter under the signature of the

Governor of Pennsylvania, dated the twenty-first day of

January, one thousand eight hundred and one, and addressed

to the Speaker, accompanied by authenticated documents,

that John Stewart is duly chosen, in the place of Thomas

Hartley, deceased.

"The committee are of opinion that Ebenezer Mattoon is

entitled to a seat, in the place of Samuel Lyman, resigned;

Levi Lincoln, in the place of Dwight Foster, appointed a

Senator of the United States; and John Stewart, in the

place of Thomas Hartley, deceased."

_Election of President._

_Resolved_, That this House will attend in the Chamber of the Senate on

Wednesday next at twelve o'clock, for the purpose of being present at

the opening and counting of the votes for President and Vice President

of the United States; that Mr. RUTLEDGE and Mr. NICHOLAS be appointed

tellers, to act jointly with the teller appointed on the part of the

Senate, to make a list of the votes for President and Vice President of

the United States, as they shall be declared; that the result shall be

delivered to the President of the Senate, who shall announce the state

of the vote, which shall be entered on the journals; and if it shall

appear that a choice hath been made agreeably to the constitution, such

entry on the journals shall be deemed a sufficient declaration thereof.

_Ordered_, That the Clerk of this House do acquaint the Senate

therewith.

WEDNESDAY, February 11.