For the information of the people who are called on to decide the right
of suffrage by the Governor's proclamation, we have inserted below
that part of the law which defines the qualification as well of the
Representative as of the voter.
"No person shall be eligible or qualified to be a Representative,
who shall not have attained to the age of twenty-one years, and who
shall not have resided in the Territory one year next preceding the
day of election, and who shall not be a freeholder within the county
in which he may be elected; and no person holding an office under
the United States, or an office of profit under the Territory, shall
be a Representative. In case of vacancy, by death, resignation, or
removal or otherwise of a Representative, the Governor shall issue a
writ to the county wherever a vacancy may be as aforesaid, to elect
another person to serve the residue of the term. That all free white
male citizens of the United States above the age of twenty-one years,
who have resided in said Territory twelve months next preceding an
election, and who shall have paid a territorial or county tax,
assessed at least six months previous thereto, shall be entitled to
vote for Representatives to the General Assembly of said Territory."
The report was ordered to lie on the table.
_Arming and Classing the Militia._
The House resumed the consideration of the bill supplementary to the
act for arming the militia, and for classing the same.
Mr. FITCH moved to strike out all that part of the bill which provides
for the classing the militia of the United States.
Mr. ELY said that he was totally opposed to the classification of
the militia; that it had been pressed upon us from year to year, by
gentlemen from the Southern section of the Union, he knew not why;
that he thought the effects of the measure in rendering the militia
efficient, for constitutional purposes, were very trifling and
unimportant. From some cause or other, the militia in the Southern
States are very little improved, and gentlemen seemed to imagine that
classification was to supply the place of arms, of organization, of
discipline, of every thing. This would not prove to be the case. He
said that the laws heretofore made had proved in the Northern States,
particularly in Massachusetts, abundantly sufficient to answer all
the purposes of forming an efficient militia; but they have been
followed up by State regulations which had been enjoined by penalties
sufficiently severe. These, he had understood, had been in a great
measure neglected in the South, and this was the reason that the
militia were so imperfect; and if the States would not enforce those
laws, he had no idea they would enforce this. The sums expended on the
militia in Massachusetts, both from the public treasury and by private
individuals, is very great--that State has furnished more than sixty
artillery companies, with their pieces, ammunition carriages, and
every thing appurtenant to them, complete; the artillery and cavalry
are completely uniformed and equipped, and are required so to be by
law; for the greater part, the infantry are in uniform complete,
are well armed, and are equal in all respects to any militia in the
world. That this classification would add to their burdens, and they
had already burdens enough; that it would be an insidious thing, and
so considered by the militia, and go to destroy the harmony of the
militia corps. That if gentlemen in the South thought it would be
useful, let their State governments, who were the best judges, adopt
as much of it as they pleased. No one would object to that, if they
did not interfere with existing regulations. All will acknowledge that
the State Governments have it in their power, and it has been, in some
form or other, exercised by some of the States, and particularly by
Pennsylvania--this measure will interfere with their favorite mode. He
said he was disposed to have the militia in the South improved, but he
prayed gentlemen not to adopt a measure calculated to injure one part
of the militia, more than it would benefit the other; he hoped the
provisions for classing the militia would be stricken out of the bill.
Mr. WILLIAMS and Mr. STOW opposed the motion.
The question was decided by yeas and nays: For striking out 58, against
it 65.
The bill was then ordered to be engrossed for a third reading.
SATURDAY, January 30.
A new member, to wit, from North Carolina, WILLIAM KENNEDY, elected
to supply the vacancy occasioned by the death of Gen. Thomas Blount,
appeared, was qualified, and took his seat.
_Constitution and Guerriere._
The engrossed bill providing compensation to Captain Hull, and the
officers and crew of the frigate Constitution, for the capture and
destruction of the British frigate Guerriere, was read a third time.
[The bill authorizes a grant of $50,000.]
Mr. MCKEE opposed the passage of the bill, on the ground that the
President has no authority to expend the public money in gratuitous
grants to individuals.
Mr. SAWYER stated, that he wished to make some remarks in reply to Mr.
MCKEE, but, from the lateness of the hour, and an indisposition with
which he was oppressed, it was not now in his power. He therefore moved
an adjournment, which was carried--ayes 54.
MONDAY, February 1.
Mr. SEAVER presented a petition of Benjamin Waterhouse, medical doctor,
of Boston, stating that he is willing, and wishes to undertake the
inoculation of the army of the United States with the "kine-pock
inoculation," and praying the aid and patronage of Congress in that
undertaking.--Referred to the Committee on Military Affairs.
_Constitution and Guerriere._
The House resumed the order of the day on the bill making compensation
to the officers and crew of the Constitution for the destruction of the
frigate Guerriere. The bill being on its third reading--
Mr. SAWYER spoke in support of the bill, and in reply to Mr. MCKEE.
Mr. DAWSON.--Mr. Speaker: The bill which is now on your table, and
which I hope will soon receive your signature, was drawn from a
resolution, or rather the part of a resolution which I had the honor to
offer you at the very commencement of the session.
When I offered you that resolution, I did hope, and I did believe,
that it would have received the immediate attention and unanimous
approbation of this House; that regardless of those punctilios which
too often shackle the best intentions, and do injury to the best
causes, and in compliance with the sentiments and feelings of the
nation, we should have immediately expressed our own, thereby giving
force to that expression, and have rendered that tribute which is
justly due to undaunted valor, and to modest merit; that we should have
declared our admiration, and the high sense we entertain of the gallant
conduct of the defenders of their country's flag, and the defenders of
her rights, and while we gave to some testimonials of our approbation,
we should have yielded to all that which is justly due.
In this expectation I have been wofully disappointed; doubts,
difficulties, and delays have taken place; commitment has succeeded
commitment, and so many amendments, or rather alterations, have been
made to the original resolution, that I can scarcely call it my own; it
has received the fostering care of so many stepfathers that I am almost
constrained to disown it as illegitimate; but as it is natural to
protect that which we call "our own," although all the features do not
please us, so I shall vote for that bill although all its provisions do
not please me.
Some gentlemen, with a liberality which I neither envy, nor shall I
imitate, are willing to load those brave tars with all the praise,
with all the applause, which the pride of language can bestow, or
which a resolution written on paper gilded with gold can confer; and,
becoming their own judges, they think _that_ ample compensation for
all the hardships they have suffered, for all the dangers they have
encountered, for all the wounds they have received. With all the
respect which I feel for these honorable gentlemen, and the high value
which I set on their good opinion, I do not think it ample compensation
to the brave and indigent tars who have boldly fought your battles, and
generously sacrificed their interest for your good; they merit some
more substantial stuff than air; they have acquired for you, sir, they
have given to your enemy, something more substantial.
Others there are, who are well pleased to bestow on the brave
officers who have distinguished themselves, some testimonials of our
approbation--some insignia of their merit. With these gentlemen I most
perfectly agree, and most cordially voted in favor of the bill for that
purpose. But, while I remember the gallant captain who proudly steps
the quarterdeck, I will not forget the sailor boy, "who whistles o'er
the lee," or the aged mariner who fathoms the deep, and on whom, when
the battle rages, danger has no more effect than the foaming surge
which surrounds him has on the hard rock, when it dashes and breaks
against its side; they all, sir, are entitled to your applause and
gratitude; they all demand your justice; and to render that justice is
the object of the bill now on your table, as I will presently show,
and which had it passed at an earlier period of the session, as I did
expect it would, your "Constellation" would not have lain for weeks
within your view for the want of men, and is still, I believe, in your
waters, but would long since have been at sea, and would have added new
trophies to those already won.
The Secretary of the Navy, I mean the late Secretary, in whose
veracity and integrity I have the highest confidence, who carries
to his retirement the best wishes of my heart, and under whose
auspices this gallant exploit was achieved, and Commodore Hull, whose
disinterestedness seems only equalled by his valor, have informed us
that "the Guerriere" when she went into action was worth two hundred
thousand dollars, and that she had articles on board to the value
of one hundred thousand dollars. She was one of the finest frigates
in the British navy, well manned, and commanded by one of their
most experienced and gallant captains! This ship, our frigate, "the
Constitution," of equal force, attacked, vanquished, and captured,
after a short, though one of the most brilliant actions recorded in
the naval history of any country; thereby giving certain presages of
future glory, and a character to our rising navy, coeval almost with
its existence, and setting an example which other officers and crews,
equally emulous of fame, have since imitated, and have obtained the
same laurels, which will never fade.
Agreeably to the act for the better government of the Navy of the
United States, the ship, with all articles on board her, became their
prize; they might have used it to their best advantage; they might have
brought her into port, and divided the whole among themselves; but
apprehensive that from the crippled state of the prize she might again
fall into the hands of your enemy; nay, sir, that your own frigate
might be endangered in protecting and convoying her, they with that
liberality, with that magnanimity which marks the character of the
sailor, determined to destroy her, thereby sacrificing their interest
for your good.
And here, Mr. Speaker, let me ask what other class of men in our
society can you find who would have acted thus nobly? I fear, sir, we
shall search for them in vain. I am sure, sir, that we shall not find
them among those who daily violate your laws, relieve your enemy of his
surplus manufactures, or supply him with your provisions, and then come
here and receive indemnification, remission for the crimes which they
have committed.
And, sir, what is the mighty boon which these brave and indigent tars
ask from you? or rather was it that I, in the name of justice, demanded
for them?--it is one-sixth part in value of that property--of their
property, which they have sacrificed for your good, rather than it
should fall into the hands of your enemy. And will you refuse it? No,
you will not, you cannot, you dare not. You will not, because every
consideration of policy, and the best interest of our country, forbid
it; you cannot, because every feeling which ennobles the human heart,
and I think I know yours, forbids it; you dare not, because justice
forbids it; and you dare not do an act so flagitious.
Mr. Speaker, during the very lengthy discussions which have taken place
in this session, I have remained silent in my seat; this has not arisen
from a supineness of disposition, or from an inattention to the public
business, or the public welfare, but in the hope, that when gentlemen
had exhausted all their eloquence, they would have permitted us to
progress, and to place our country in the situation demanded by the
crisis; and I should have indulged that disposition which I have to be
silent, had not an attempt been made to deprive the brave and needy
tars of that which is justly due to them; but under these circumstances
I could not restrain my feelings, and have to regret that I cannot give
to them that utterance which the occasion calls for.
[The argument against this bill was, that it would be setting a
precedent which would be considered authoritative in future cases; that
it was giving a donation for an act of duty only, though gallantly
performed. It was rewarding a service, which, had it been rendered on
land, would have received no remuneration, as experience had proved
in the case of the Tippecanoe expedition; and that it was contrary
to justice to confer pecuniary rewards on one class of our citizens
in exclusion of others. In favor of the bill it was stated that the
captured vessel, if she had been brought into port, would have produced
six times the amount now proposed to be allowed to her; and that the
captors ought not to incur a total loss from the destruction of the
vessel, which the fear of her falling into the hands of the enemy
had rendered necessary to the public service. It was urged, that if
any _city_ in the United States had to legislate on this subject,
five times as much would have been awarded as is now proposed. All
the gentlemen who spoke, offered the tribute of their respect to the
gallantry and conduct of the officers and seamen of our public vessels.]
The question on the passage of the bill was decided in the
negative--yeas 55, nays 59.
WEDNESDAY, February 3.
_Virginia Military Bounty Lands._
The House then proceeded to consider the report of the Committee of the
Whole on the report of the select committee touching the claims of the
officers and soldiers of the Virginia line of the Revolutionary army to
military bounty lands.
The question was then taken to concur with the Committee of the whole
House in their disagreement to the resolution recommended by the select
committee, which is as follows:
_Resolved_, That provision should be made for securing to the
officers and soldiers of the Revolutionary army of Virginia,
on State establishment, in the land or sea service of the said
State, the bounty lands which were promised to them, either
by a law or resolution of the said Commonwealth, out of the
lands not otherwise appropriated, and lying on the northwest
side of the river Ohio, within the Virginia cession, to be
of good quality, according to the true intent and meaning of
the promises made on the part of Virginia, and that, if a
sufficiency of good land within the meaning of the aforesaid
engagement cannot there be found, that their bounties shall be
satisfied out of any other public land of the United States,
not heretofore otherwise appropriated:
And was determined in the affirmative--yeas 66, nays 41.
FRIDAY, February 5.
_Encouragement to Public and to Private Armed
Privateers._
On motion of Mr. MCKIM,
_Resolved_, That the Committee on Naval Affairs be instructed to
inquire into the expediency of relinquishing, in favor of the officers
and crews of the public armed ships of the United States, a greater
portion of the value of prizes than they are now by law entitled
to; and, also, to inquire into the expediency of providing further
encouragement to equipping and employing private armed vessels of war
against the ships and commerce of the enemy; and that the committee
have leave to report by bill, or otherwise.
WEDNESDAY, February 10.
A message was received from the Senate informing the House that, owing
to the indisposition of Mr. GAILLARD, the Senate have appointed Mr.
FRANKLIN the teller, on their part, at the counting of the votes of the
Electors for President and Vice President of the United States.
_Counting of Electoral Votes._
The hour of 12 having arrived, the Senate entered the Hall
of Representatives, preceded by their President, Secretary,
Sergeant-at-Arms, and Doorkeeper, and proceeded to seats prepared
for them--the members of the House having risen to receive them, and
remaining standing until all had entered. The President of the Senate
took a seat which had been prepared for him at the Speaker's right
hand, and the Secretary of the Senate was placed beside the Clerk of
the House. The Tellers--Mr. FRANKLIN of the Senate, and Messrs. MACON
and TALLMADGE of the House--were seated at a table in front of the
Speaker's chair.
The President of the Senate then proceeded to open and hand to the
Tellers the sealed returns from each State, which were severally read
aloud by one of the Tellers, and noted down and announced by the
Secretaries of each House.
The votes having all been opened and read, the following result was
announced from the Chair, by the President of the Senate, viz:
+----------------+-------------------------+-------------------------+
| | President. | Vice President. |
| +------------+------------+------------+------------+
| STATES. | James | De Witt | Elbridge | Jared |
| | Madison. | Clinton. | Gerry. | Ingersoll. |
+----------------+------------+------------+------------+------------+
| New Hampshire | - | 8 | 1 | 7 |
| Massachusetts | - | 22 | 2 | 20 |
| Rhode Island | - | 4 | - | 4 |
| Connecticut | - | 9 | - | 9 |
| Vermont | 8 | - | 8 | - |
| New York | - | 29 | - | 29 |
| New Jersey | - | 8 | - | 8 |
| Pennsylvania | 25 | - | 25 | - |
| Delaware | - | 4 | - | 4 |
| Maryland | 6 | 5 | 6 | 5 |
| Virginia | 25 | - | 25 | - |
| North Carolina | 15 | - | 15 | - |
| South Carolina | 11 | - | 11 | - |
| Georgia | 8 | - | 8 | - |
| Kentucky | 12 | - | 12 | - |
| Tennessee | 8 | - | 8 | - |
| Ohio | 7 | - | 7 | - |
| Louisiana | 3 | - | 3 | - |
| +------------+------------+------------+------------+
| Total | 128 | 89 | 131 | 86 |
+----------------+------------+------------+------------+------------+