The Message and documents therein referred to were read, and ordered to
be printed for the use of the Senate.
TUESDAY, April 27.
_State Government for Ohio._
The Senate resumed the second reading of the bill to enable the people
of the Eastern division of the territory north-west of the river Ohio to
form a constitution and State government.
On motion, section sixth, to strike out the following words, reported by
the committee to be struck out, and which report was amended, as
follows:
"_Provided_, That the convention of the said State shall,
on its part, assent that each and every tract of land sold
by Congress, from and after the 30th day of June next,
shall be and remain exempt from any tax laid by order or
under authority of the State, whether for State, county,
township, or any other purpose whatever, for the term of
five years from and after the day of sale:"
It passed in the negative--yeas 12, nays 14, as follows:
YEAS.--Messrs. Bradley, Brown, Dayton, Dwight, Foster,
Howard, J. Mason, Morris, Ogden, Olcott, Tracy, Wells, and
White.
NAYS.--Messrs. Anderson, Baldwin, Breckenridge, Clinton,
Ellery, T. Foster, Franklin, Jackson, Logan, S. T. Mason,
Nicholas, Stone, Sumter, and Wright.
On motion to strike out the words reported by the committee to be struck
out of section sixth, and amended as follows:
"_Third._ That one-twentieth part of the net proceeds of
the lands lying within the said State, sold by Congress,
from and after the thirtieth day of June next, after
deducting all expenses incident to the same, shall be
applied to the laying out and making public roads, leading
from the navigable waters emptying into the Atlantic to the
Ohio, or to the navigable waters thereof, and continued
through the said State: such roads to be laid out under the
authority of Congress with the consent of the several
States through which the road shall pass:"
It passed in the negative--yeas 12, nays 14, as follows:
YEAS.--Messrs. Bradley, Brown, Dayton, Dwight, Foster,
Howard, J. Mason, Morris, Ogden, Olcott, Tracy, Wells, and
White.
NAYS.--Messrs. Anderson, Baldwin, Breckenridge, Clinton,
Ellery, T. Foster, Franklin, Jackson, Logan, S. T. Mason,
Nicholas, Stone, Sumter, and Wright.
On motion to strike out these words, reported by the committee to be
struck out of the sixth section:
"_Second._ That the six miles reservation, including the
salt springs, commonly called the Scioto Salt Springs, the
salt springs near the Muskingum River, and in the military
tract, with the sections of land which include the same,
shall be granted to the said State, for the use of the
people thereof, the same to be used under such terms, and
conditions, and regulations, as the Legislature of the said
State shall direct, provided the said Legislature shall
never sell nor lease the same for a longer period than ten
years:"
It passed in the negative--yeas 8, nays 18, as follows:
YEAS.--Messrs. Brown, Dwight Foster, Howard, J. Mason,
Morris, Ogden, Olcott, and Tracy.
NAYS.--Messrs. Anderson, Baldwin, Bradley, Breckenridge,
Clinton, Dayton, Ellery, T. Foster, Franklin, Jackson,
Logan, S. T. Mason, Nicholas, Stone, Sumter, Wells, White,
and Wright.
And the bill being further amended, it was ordered to the third reading
as amended.
THURSDAY, April 29.
Mr. S. T. MASON presented the petition of David Brown, of Massachusetts,
praying compensation for his sufferings while imprisoned under sentence
of the judicial court, for seditious practices; and the petition was
read, and ordered to lie on the table.
FRIDAY, April 30.
Mr. TRACY, from the committee to whom was referred, on the 29th instant,
the bill to carry into effect a resolution of Congress for erecting a
monument to the memory of the late General David Wooster, reported
amendments; which were read, and ordered to lie for consideration.
_Case of John Cleves Symmes and his land purchase in Ohio._
The Senate resumed the consideration of the report of the committee on
the petition of John Cleves Symmes, which was adopted, as follows:
1. That, in the year 1788, the petitioner entered into a
contract with the United States, upon a fair consideration,
for the purchase of one million of acres of land in the
North-western Territory.
2. That, in consequence of such contract, the petitioner
made a settlement upon the tract, and sold many parcels
thereof to adventurers, who went together with him into
that new country, and located themselves there.
3. That, in the year 1794, the petitioner obtained a
patent, under the authority of a law which enabled the
President of the United States to make the same, for such
proportion of the one million of acres, which had at that
time been paid for, pursuant to the said contract,
amounting to 311,682 acres of the said million of acres of
land.
4. That the petitioner, after the said in part fulfilment
of the contract on the side of both the parties to the
same, proceeded to make sales (as he before had done in
respect to the lands for which he had lately received the
patent, as above mentioned) in the residue of the one
million of acres, expecting to make the title when he
should receive his patent thereof, agreeably to his
contract, as he had before practised.
5. That no authority has been given by law, or otherwise,
that can be found by your committee, whereby the said
contract can be carried into execution on behalf of the
United States, upon the payment of the sums further
stipulated to be paid by the petitioner, agreeably to his
contract, whereby he is entitled to a patent, upon payment
of such stipulated sums; which payments the petitioner
avers he always has been, and still is, ready to pay and
perform, as thereunto required by his contract.
6. That your committee, from the papers and documents laid
before them by the petitioner, or from the statement which
he has made, do not perceive that the petitioner has done
any one act, or omitted to do any act whereby he has
forfeited any right to the full benefit of his contract
before stated.
7. That no authority exists, by law, enabling any person to
carry into execution the said contract on behalf of the
United States; but, on the contrary, that two laws have
been passed predicated upon the idea that the obligations
of the United States, under the said contract, have ceased
and determined; under the operation of which laws the said
petitioner states, and your committee believe, that the
said petitioner is suffering very great hardships, tending
to the utter destruction and total waste of his whole
property.
8. Your committee, the premises considered, beg leave to
recommend the adoption of the resolution accompanying this
report:
_Resolved_, That the President of the United States be
requested to direct the Attorney General to examine into
the contract entered into between the United States and
John Cleves Symmes, Esq., and others, bearing date on the
15th of October, 1788, and all the contracts and laws
relative thereto; and all the transactions which may
legally or equitably affect the same, as far as they may
come to his knowledge; and to make a report of the same to
the Senate at their next session, together with his opinion
whether the said John Cleves Symmes has any claims, and
what, upon the United States, in virtue of the said
contract, or any other contract, or law predicated upon the
same: and that the further consideration of the petition of
said John Cleves Symmes, Esq., of and concerning the
premises, be postponed to the first day of the next session
of Congress.
And the report was adopted.
_Ordered_, That the Secretary lay this resolution before the PRESIDENT
OF THE UNITED STATES.
The resolution of the House of Representatives, authorizing the
President of the Senate and the Speaker of the House of Representatives
to adjourn their respective Houses on Saturday the first day of May, was
read.
The bill, entitled "An act making appropriations for the Military
Establishment of the United States in the year one thousand eight
hundred and two," was read the third time and passed.
The bill, entitled "An act making appropriations for the support of
Government for the year one thousand eight hundred and two," was read
the third time.
_Resolved_, That this bill do pass as amended.
The bill making an appropriation for the support of the Navy of the
United States, for the year one thousand eight hundred and two, was read
the third time as amended.
On motion to strike out the third section, agreed to yesterday, it
passed in the affirmative--yeas 12, nays 11, as follows:
YEAS.--Messrs. Bradley, Brown, Dwight Foster, Howard,
Morris, Nicholas, Ogden, Olcott, Tracy, Wells, White, and
Wright.
NAYS.--Messrs. Anderson, Baldwin, Breckenridge, Clinton,
Cocke, Ellery, Franklin, Logan, S. T. Mason, Stone, and
Sumter.
_Resolved_, That this bill do pass with the amendments.
The bill, entitled "An act to provide for the establishment of certain
districts, and therein to amend an act, entitled 'An act to regulate the
collection of duties on imports and tonnage, and for other purposes,'"
was read the third time, and passed with an amendment.
Mr. BRADLEY, from the committee to whom was referred, on the 6th and 7th
instant, the petition of Elijah Brainard, also the petition of Jonathan
Snowden, reported that the consideration of said petitions be severally
postponed to the next session of Congress, and that the committee to
whom the same were referred be discharged, and the report was adopted.
Mr. S. T. MASON, from the committee to whom was referred, on the 29th
instant, the bill to incorporate the inhabitants of the City of
Washington in the District of Columbia, reported amendments; which were
read, and ordered to lie for consideration.