read the eighth article of the compact between Maryland and Virginia,
which being done,
The question on striking out the first section was put and lost--forty
members voting in the affirmative, and seventy-two against it.
The committee then rose and reported, and the House adjourned.
WEDNESDAY, December 12.
Another member, to wit: BENJAMIN HUGER, from South Carolina, appeared and
took his seat in the House.
THURSDAY, December 13.
_Impressment of John Gregory._
The SPEAKER laid before the House a letter from John Gregory, a black
man, alleging himself to be a native of Nansemond County, in the State of
Virginia, dated on board of the British ship-of-war, called the Alcmene,
the nineteenth of August in the present year, stating, that having lost
his protection, and being shipwrecked in the British Channel, he has
been impressed on board the said Alcmene, and detained there against his
inclination; and praying that Congress will be pleased to take his case
into consideration, and obtain his discharge from the British service.
The said letter was read, and, together with a certificate of the Consul
and Agent of the United States at London, accompanying the same, ordered
to be referred to the Secretary of State for information.
_Potomac River._
On the third reading of the bill for the erection of a dam or causeway
from Mason’s Island to the western shore of the Potomac, the yeas and
nays were called for by Mr. VARNUM.
Mr. DAWSON said: My absence from this House for some days past,
occasioned by my bad health, has prevented my hearing the arguments which
have been urged in favor of this bill, as well as those in opposition
to it; presuming, however, that they had much affinity to those which
were urged on its introduction, which, in my judgment, were conclusive
in opposition and feeble in support, I must be permitted to express my
astonishment that it has progressed so far, and that this House must now
decide on its passage or rejection.
In this stage of the business, and under existing circumstances, I
should not intrude a single observation, especially as I learn that the
subject has been fully discussed, and various votes taken, did I not feel
impelled by one consideration superior to all others; but, sir, whenever
a proposition is made which goes to affect the interest and wantonly
violates the rights of a State, one of whose Representatives I am, I hold
it to be my bounden duty to rise in the opposition. Such is the bill
in your hands, and under such influence do I now act. In my judgment
that bill usurps a power, and attempts the exercise of a right, which
the States of Maryland and Virginia never have, and I trust never will,
relinquish to any government--a right essential to them as sovereign
States, and the relinquishment of which will render them dependencies
not only on the General Government, but upon any corporation within the
District of Columbia.
In the course of this discussion, reference, no doubt, has been had to
the deeds of cession from those two States to the General Government; I
mean not again to bring them to their view, and mention them only for
one purpose. I presume that in the construction of those articles, the
same rules will be observed, the same principles will be adhered to,
which are observed in the construction of the original compact, the
constitution. I well know that in the construction of that instrument,
two opinions have gone abroad in the United States, and have their
zealous advocates: the one is, that the General Government possesses
all powers which it shall deem necessary, and which are not expressly
reserved to the States; to this doctrine I have never been a friend,
and am surprised to find that it has so many advocates on this day
who support that bill; the other is, “that all rights, powers, and
jurisdictions, are reserved to the States, which are not expressly
delegated to the General Government.” This is the doctrine which I have
always advocated, and which I support on this day by opposing that
bill. Admitting, sir, my first position to be true--that the same rules
of construction must be used in the two cases which I have mentioned,
I call upon gentlemen to show any express surrender of this right of
jurisdiction, either by the State of Maryland or that of Virginia.
None appears, and gentlemen must either adopt the extensive doctrine
of _implication_ as one of their political tenets, or relinquish that
bill. I will go further, sir, and declare it as my opinion, that the
legislatures of those two States never could have intended the surrender
of that jurisdiction. I was a member of the Legislature of Virginia at
that time, and the idea was new to me until the last year, when the
bridge proposition was brought forward. I appeal to the candor of the
gentlemen of this committee, and call upon them to say whether it is
reasonable to suppose that those two States, after taking uncommon pains
to fix, and render secure for ever, to themselves and their friends, the
navigation of this river; after uniting their efforts to open and improve
it to a considerable distance above tide-water, would surrender the
jurisdiction to any earthly power, thereby putting it in their power to
impede it whenever they please? for, be it remembered, that if we have a
right to throw up a dam in one place, we have a right to build a bridge
in another; if to build a bridge, to draw an artificial line at any
place, saying, “Thus far you shall go, and no further.”
For these reasons, I am convinced that the right has never been
surrendered; that it never was intended; and that it never ought to
be relinquished. Considering the objections which I have mentioned as
sufficient to defeat the bill, I have forborne to examine into its
expediency; whether it will prove advantageous to some of the district
and injurious to others, I will not pretend to say. One thing, however,
appears probable to me, that if, by the erection of this dam, the
rapidity of the water opposite to Georgetown is increased, and thereby
the sand and mud carried to a lower point and there deposited, that point
may be at or near the Eastern Branch, which we have established as our
navy yard, to which heavy vessels get with great difficulty, and from
which they may be entirely excluded, should the effect which I apprehend
take place. I submit this to the consideration of the friends of this
establishment, which is not without its enemies already.
One more word and I am done. If we admit the right to erect a dam,
we have the same to build a bridge; and if we grant the one for the
accommodation of one part of the people of the district, I know not how
we can refuse the other to the inhabitants of the other part. Let the
friends of the present bill look to this; the division of this House on
the last year, on that point, was very equal, and the admission of the
right will certainly give it new friends.
On the passage of the bill the yeas and nays were 66 to 39.
_Resolved_, That the title be, “An act authorizing the corporation of
Georgetown to make a dam or causeway from Mason’s Island to the western
shore of the river Potomac.”
THURSDAY, December 27.
_Mrs. Amy Dardin._
A petition of Amy Dardin, of the county of Mecklenburg, in the State
of Virginia, widow and administratrix of David Dardin, deceased, was
presented to the House and read, praying compensation for the value of
a stud horse, called Romulus, the property of the deceased, which was
impressed into the service of the Southern Army, under the command of
Major General Greene, by order of James Gunn, a Captain in a regiment of
Continental cavalry, some time in the month of July, one thousand seven
hundred and eighty-one.--Referred to the Committee of the whole House
to whom was committed, on the sixth instant, the bill making farther
provision for extinguishing the debts due from the United States.
_General Hazen._
An engrossed bill for the relief of the legal representatives of the late
General Moses Hazen was read the third time; and, on the question that
the same do pass, it was resolved in the affirmative--yeas 60, nays 38.
MONDAY, December 31.
_Post Road to New Orleans._
On a motion made and seconded that the House do come to the following
resolutions:
1. _Resolved_, That a post road ought to be established from
the City of Washington, on the most convenient and direct
route, to pass through or near the Tuckabachee settlement to
the Tombigbee settlement, in the Mississippi Territory, and
from thence to the City of New Orleans.
2. _Resolved_, That the President of the United States be
requested to cause to be laid before this House any documents,
and give such other information as he may think proper,
relative to opening a post road from the City of Washington to
the City of New Orleans.
The first resolution being twice read, was, on a motion made, ordered to
be referred to the Committee of the whole House, to whom was committed,
on the seventh instant, a motion respecting “the establishment of a post
road from Knoxville, in the State of Tennessee, to the settlements on the
Tombigbee river, in the Mississippi Territory, and from thence to New
Orleans; also, for the establishment of a post road from Georgia to the
said settlement on the Tombigbee, to intersect the former road at the
most convenient point between Knoxville and the Tombigbee.”
The second resolution being twice read, was, on the question put
thereupon, agreed to by the House.
_Ordered_, That Mr. HOLLAND and Mr. G. W. CAMPBELL be appointed a
committee to present the second resolution to the President of the United
States.
_District of Columbia._
Mr. GREGG called up the resolutions for a recession of the District of
Columbia to the States of Maryland and Virginia.
Mr. HUGER moved to postpone the same till this day week.
Mr. JACKSON moved to postpone them till the 31st December next.
Some desultory remarks were made, not touching the merits of the main
question; at length the question was taken on postponing till 31st
December, and lost, without a division.
On postponing till Monday next, the question was decided in the
affirmative--59 for and 31 against it.
An engrossed bill to incorporate the Washington Building and Fire
Insurance Company was about being read, when
Mr. GREGG expressed a wish that it might be postponed, and a speedy
decision had on the question of recession. He understood this was the day
fixed for that subject.
Mr. LEWIS observed that the motion for recession could have had no effect
upon this bill, as it did not contemplate the recession of the City of
Washington, but only of the other parts of the district.
Mr. STANFORD had intended to have called up the resolutions for
recession, but he had just received a letter from a number of the
inhabitants of the district, wishing a short delay. There were also
absent from the House several members who had taken considerable interest
in the subject. For these reasons, he did not intend to call up the
resolutions for two or three days.
Mr. EARLY was averse to a postponement. He thought an early decision
ought to be made, to quiet the minds and soothe the feelings of the
inhabitants, who felt a deep interest in the decision. Indeed, the
members themselves had had their feelings excited in no inconsiderable
degree. He hoped if the gentleman who brought the resolutions forward
should forbear to bring them up, some other gentleman would do it for him.
Mr. STANFORD was induced to let the subject rest a few days longer, on
account of those very feelings, and interest, which pervaded the whole
body of the people. He would also prefer a decision by a full House,
rather than by such a thin one as now appeared.
Mr. EARLY did not think that a thin attendance by the members was a good
argument for postponement. If it was expected that every member should
attend, he feared the public business would progress very slowly; but
if the subject was entered upon now, and the resolutions adopted, they
would have to take the shape of a bill, and it would be many days before
the subject was finally decided, by which time, no doubt, the absent
gentlemen alluded to would arrive.
Mr. LYON said the bill that was moved to be postponed had nothing to do
with the recession, as it was not proposed to recede the city.
Mr. GREGG knew that the resolutions excepted Washington City, but he
hoped that if a part of the district was to be receded, there would be
found a majority for receding the whole. He was against the recession
altogether, and so he should be till the question was decided against
him. The business had been so long before the House, that he could not
see any reason for further delay.
On the question to postpone the bill for incorporating the Washington
Building and Fire Insurance Company, there were 51 for it and 42 against
it; and the bill was postponed accordingly,
The House then adjourned to Wednesday.
MONDAY, January 7, 1805.
_District of Columbia._
The House resolved itself into a Committee of the Whole, on a motion “to
recede to the States of Virginia and Maryland, the jurisdiction of such
parts of the Territory of Columbia as are without the limits of the city
of Washington.”
Mr. STANFORD said it was his wish to make a few observations on the
resolution now before the Committee, for the retrocession of that part of
the District of Columbia which had been ceded to the United States by the
State of Virginia, in support of the vote he should give--expecting that
what was said on the first, would be generally applicable to the last
resolution also. He begged leave, however, in the first place, to suggest
that, in bringing forward the motion, he had not had any the least
intention to take any step that should go to a removal of the government.
He trusted no gentleman of the committee would entertain such an opinion
of his views. Had such been his intention he would have preferred a
direct motion to that effect.
As then both the resolutions together made but a single object--that
of ceding back again to the respective States of Virginia and Maryland
all the District of Columbia, except the city of Washington--he should,
in the course of the discussion, consider it more incumbent on those
adverse to the measure to show the original wisdom and utility of
the provision in the constitution, than on its friends. It would be
enough for them to show its present evil tendency, and that it was an
encumbrance no way necessary or useful to the General Government.
Upon a former occasion some question had arisen, and might yet lie in
the way of some gentlemen, whether Congress, having once accepted the
cessions of the States, had now the power of recession. On that head he
had not, himself, ever found reason to doubt. By the third section and
fourth article of the constitution, “Congress has power to dispose of,
and make all needful rules and regulations respecting the territory or
other property belonging to the United States;” and besides, the eighth
section of the first article, which assigns to Congress the exclusive
legislation over this district, in all cases whatsoever, does not appear
to come short of such a power. Like authority is also given, in the same
paragraph of the constitution, over all places purchased by the consent
of the State in which the same shall be, “for the erection of forts,
magazines, arsenals, dock-yards, and other needful buildings.” Congress,
thus possessing the right of disposal, had exercised that right by an act
passed two sessions ago, authorizing the Secretary of the Navy to convey
to the Salem Turnpike and Chelsea Bridge Companies a part of the navy
yard at Boston. With it, will any one contend that jurisdiction did not
also pass to the State of Massachusetts, whence it had been obtained? It
certainly would by every fair and _bona fide_ view of the circumstances.
If, for instance, murder should be committed on that part of the turnpike
which was formerly a part of the navy yard, could it be contended that
such murder was not punishable by the laws of Massachusetts; that the
General Government was the only competent authority to punish? He hoped
otherwise. A like discretionary power of cession was also exercised when
Congress anticipated the ordinance, and transferred the jurisdiction to
the people of the North-western Territory, which now forms the State
of Ohio. It would be remembered that, at the time of the transfer, the
United States held the exclusive jurisdiction of that territory.
But, said Mr. S., over and above the consideration that the District of
Columbia is in no way necessary, and every way expensive, to the General
Government--in fact, a kind of governmental nuisance that ought to be
removed--there was another objection, still more serious with him, the
people of the district were the merest subjects in their condition. If
they held rights, they were not apparent to him in the constitution. He
believed all they held were those of courtesy. In the constitution no
immunity, no privilege, no political right, had been, in so many words,
reserved to them. They had been specifically given away, consigned
to the ideal convenience of the General Government, without a single
specific reservation. This was not the case as to the people of the
States. If he were told the people were content, and did not wish a
change, that with him was a good reason why the motion should at once
prevail. If twenty, or twenty-five thousand people had already become
willing subjects, without wishing any share or control in their own
affairs, such an example ought no longer to remain under our system of
government, and he trusted would not. He concluded by expressing a hope
that the resolutions might be adopted.
Mr. SMILIE rose in reply. He disclaimed any intention hostile to
Washington remaining the seat of Government, and denied that the
recession would have any influence upon it. Having elucidated the
constitutionality of the measure, he exhibited in strong colors the
degraded situation of the people of the district, and the dangers which
might hereafter arise from a continuance of it.
Mr. DENNIS.--Mr. Chairman: As a resolution analogous in all its leading
features to those now under consideration, was submitted to the
consideration of a former Congress, by a gentleman from Massachusetts,
(Mr. BACON,) and as that resolution was put at rest by a very decisive
majority, I had not expected that its ghost would have risen up at
so early a day to haunt the people of Columbia, or to interrupt the
deliberations of this body. That the gentleman who has offered these
resolutions has acted from the best lights of his own understanding, and
has believed the object intended to be thereby effectuated is both within
the pale of our constitutional authority, and politically expedient, it
is not for me to question. To me, however, they appear unconstitutional
and politically inexpedient, and I will moreover add, cruel, unjust, and
tyrannical, in their operation on the people of this district.
In order to ascertain the extent of our power on the subject, we must
resort to the eighth section of the first article of the constitution.
Here we find that, amongst other powers therein enumerated, it is
declared as follows: “That Congress shall have the power to exercise
exclusive legislation in all cases whatsoever, over such district (not
exceeding ten miles square) as may, by cession of particular States, and
the acceptance of Congress, become the seat of the General Government,”
&c. This clause contemplates, first, a place to be acquired, lying at
the time within the jurisdiction of some of the States, but which was
to be put out of their control and within the exclusive jurisdiction of
the General Government. This was to be done in order that a permanent
seat might be established, which should not be liable to be changed by
legislative caprice; and in order that the jurisdiction over the place in
which its operations were to be conducted might be, like the Government
itself, the property of the whole people of the Union, and free from the
influence of any one of its component parts.
This appears to be as much a part of the constitution, that you should
always have this federal district, as that there should be a Legislative,
Executive, and Judiciary Department.
2d. It points out the manner in which this district shall be acquired,
and the agents who are to be instrumental in the acquisition. The
convention, on behalf of the people of the United States, who are
the principals, appoint Congress the attorney in fact to receive the
conveyance, and constitute the Legislatures of the States from whom
the cession or conveyance is to be made similar agents to make it. The
several agents have performed their respective offices, the district has
been acquired in conformity with the authority given, the right to the
property vested in the American people, and possession held of it by us,
for their benefit for whose use it was acquired. All the power which
was given as to the acquisition of the territory has been exhausted,
and no other power remains but that of exercising over it exclusive
legislation. To explain and illustrate this subject to the most ordinary
capacity, let me compare the transaction to a case in common life. If I
give a man a power of attorney to purchase for me a tract of land, in a
particular district of country, of a specified quantity of acres, leaving
it to him to make the location, and he accordingly make a purchase, and
I consent to the act, receive the conveyance, and take possession of
it, can my agent afterwards make another choice, divest me of my right,
and reconvey the property without my consent? No man will answer this
question affirmatively; and yet it is clear there is a perfect similitude
between the cases, and that Congress are agents acting in this case under
a limited authority and confined in the exercise thereof to a specific
object. That Congress are special agents, and not vested with a general
power over every possible case, is manifest from the whole tenor of the
constitution; and I will lay down in this instance a rule which has
been generally recognized as the standard, by which to test the extent
of constitutional authority in any given case. It is, that Congress can
exercise no power on any subject but what is expressly delegated and
specifically enumerated in the constitution, or necessary and incidental
to the execution of the specified powers. What is their power in the
present instance? To accept a cession and exercise over it exclusive
legislation. Can you infer from hence a power of retrocession? To do so
is at war with the amendment of the constitution, which declares that all
powers not given to the General Government are retained by the States or
the people respectively. Was not the power confined to the acceptance of
the district directed to be procured for a specific purpose, and when so
acquired, to continue an object over which Congress, as a permanent body,
might always have it in their power to exercise exclusive jurisdiction?
Can you then claim the power of reconveying the district and receiving
one as often as your caprice may dictate, or of divesting your successors
of the same control over this district which we may exercise ourselves?
The power is not expressly delegated, nor is it a necessary power to
carry into effect any power given; for it will not be contended, but we
may exercise all our powers and perform all our duties, and still retain
the jurisdiction over the district.
This district has been completely severed from Maryland and Virginia,
and has been erected into two counties by the name of Washington and
Alexandria, and forms, at this time, no more a part of the territorial
limits of Maryland and Virginia, than of New Hampshire or Georgia; and
you may by the same authority that you propose to reannex them to those
States, unite them to Delaware or Jersey, and put the people, many of
whom never were citizens of Maryland or Virginia, under the jurisdiction
of the Emperor of Hayti.
But, Mr. Chairman, are the people of the territory unworthy of a
moment’s consideration, and will their remonstrances against the
measure be altogether disregarded? Let us take a retrospective view
of the circumstances under which they were seduced from their parent
State, and the manner in which they consented to dissever the civil and
political bonds by which they were formerly connected. What induced them
to alienate their native allegiance, and with a generous confidence to
submit themselves to your authority? First, the constitution held out a
pledge and formed the basis of the contract, involving a promise, that
if the people living in the district of country which should be fixed
upon for the seat of Government, would give up the rights possessed
under the government of the States to which they belonged, they should
for ever remain under the exclusive jurisdiction of Congress. By the act
of Congress accepting the cession, the territory received is declared
to be the place fixed on for the _permanent seat_ of the Government,
and the States ceded for ever the jurisdiction of the persons and soil
within the same to Congress, for the purpose of exercising therein
exclusive legislation. Finally, you assume the government, establish your
own systems, and annul those of the States. Confiding in the premises,
they gave up the control of their persons, and some of them divided
with you their property. They came to you with one consent, and hailed
your arrival here as the most fortunate epoch in the annals of their
country--and now, will you set them adrift without deigning to listen to
their prayers?
This being the seat of Government, where all the representatives of
the nation are collected, and who, from the responsibility which they
owe to their respective constituents and to the whole people of the
United States, are under every moral and political tie to do justice,
and to protect the rights and interests of the people here; here every
citizen of the district has access to every member, and he may personally
communicate his wants, his wishes, and solicit his particular patronage
of his interest; and instead of being confined, like a district of
country in the remote parts of the Union, to a single member, who may
not possess the talents to explain its interests to the legislative
body, the citizen of this place may make a selection out of the whole
of the members to whom he may choose to confide his application. Like
the seat of Government in all other places, without having any actual
representation, this district will have more than its equal share of
influence, and its weight will always be felt more sensibly in the
Legislative Councils of the nation than the remote parts of the Union.
Our theoretical philosophers, however, not only contend that in order
to make these people free and happy, we must force liberty upon them,
whether they will have it or not, but that even with respect to the
conveniency or inconveniency of being governed by this body and the
States of Maryland and Virginia, they are incapable of judging for
themselves.
But is there no conveniency resulting to them from having all their
concerns brought within the narrow limits of ten miles square? Is there
no conveniency in having their own courts of justice at their very doors,
instead of travelling to Richmond and Annapolis? It is an old-fashioned
idea perhaps, but it is one which very generally prevails, even at the
present day, that to bring justice home to every man’s door, is a great
political and civil blessing; and in this respect the people of this
place enjoy an advantage which is unknown to any other people in the
world.
The great advantages contemplated as likely to result from being
represented in the Legislatures of Maryland and Virginia, and the powers
of self-government which it is supposed may result from the measure, are
merely ideal. What weight will the district on the Virginia side of the
Potomac have in the large body of the Legislature of that State, when
they will only form a part of the county of Fairfax, and have a share in
choosing two members to the Assembly? The same question might be asked in
relation to the district of country formerly comprehended in the counties
of Prince George and Montgomery, in Maryland. They would be regarded
with a jealous eye; a sort of aliens, who were forced, contrary to their
remonstrance, to submit to their respective jurisdictions.
Mr. EARLY.--Mr. Chairman, the resolutions which we are now called upon
to decide, possess a high degree of importance, not only from their
object, and the consequences likely to result, but also from certain
principles which have been contended for, as applying themselves to the
subject. In the outset of the discussion we are met with objections
upon constitutional principles against our right. We have been told by
the people of this district, that we cannot recede the territory of
which they are inhabitants without their consent; and the gentleman from
Maryland (Mr. DENNIS) has told us to-day that the proposed recession
cannot be made without the consent of the people of the whole United
States.
It is certainly desirable that all questions of this nature should
receive a solution from the principles and practice of our own
governments, without having a resort to foreign sources. But much I
fear that the condition of the District of Columbia is one of a nature
so peculiar to itself, that no such solution can be found. For it is
impossible to conceive that the principles of a government whose essence
is right, should be found to apply to the situation of a people stripped
of all right.
The proposition that the consent of the people of this district is
necessary to give validity to an act of Congress, having for its
object a recession of the territory, carries with it the resolution of
itself. It proves too much. The same reason by which they maintain this
proposition, would go to prove that their consent was necessary to give
validity to any act of legislation over them. That Congress possess the
power of exclusive legislation over them, cannot be denied. We exercise,
and we are authorized so to do, a power over all their rights of life,
liberty, and property. And there cannot be presented to my mind a greater
absurdity than to say the consent of the people of Columbia is necessary
to any act in relation to them, when they are stripped of all rights of
self-government.
Mr. EPPES, with the gentleman from Pennsylvania, (Mr. SMILIE,) considered
the question of receding the Territory of Columbia as entirely separate
and distinct from a question to remove the seat of Government. He did
not understand the particular connection between the two questions. He
believed that the seat of Government would be as permanently fixed here
if the jurisdiction of Congress extended only over the soil covered by
its public buildings, as if it embraced any given number of square miles.
All that the National Legislature wants here is accommodation. Assembled
at this place for purposes of general legislation, the exercise of a
local sovereignty over a few square miles is neither beneficial to the
nation nor interesting to Congress. The right of legislating for persons
around us, whose local interests we do not feel or understand, cannot
attach to this spot the Representatives of the nation: the exercise of
this power by Congress cannot attach to this spot the nation itself.
The public convenience and interest fixed our Government within this
territory; the public convenience and interest can alone continue it
here. The permanent seat of our Government depends, not on the extent of
our powers over the country around us, but on the will of the nation.
Whatever might be the feelings of other gentlemen on this subject, he had
no hesitation in declaring, that, although he was in favor of receding
the Territory of Columbia, he should never feel himself authorized,
as a Representative of Virginia, to vote for a removal of the seat of
Government.
The committee now rose, reported progress, and had leave to sit again.
TUESDAY, January 8.
_The District of Columbia._
The House again resolved itself into a Committee of the Whole on a motion
of the twenty-ninth of November last “to recede to the States of Virginia
and Maryland the jurisdiction of such parts of the Territory of Columbia
as are without the limits of the city of Washington.”
Mr. SOUTHARD.--Mr. Chairman, I should have contented myself with giving a
silent vote on this question, had it not been for the strong impressions
on my mind that more is intended than expressed in the resolutions now
on the table. It is not two years since two resolutions were introduced
to this House similar to those now under consideration, with this
distinction, that _they_ went to include the city of Washington with the
other parts of the district in the transfer to the States of Virginia and
Maryland.
I believe it to be the object of some members not only to recede the
branches of the district contained in these resolutions, but likewise
the city. If the doctrine so strongly contended for, that Congress has a
right to transfer or recede, be once established--take the first step,
and you may as easily take the second. I have no desire to call in
question the sincerity of the mover of these resolutions, nor of many who
support them; yet there are others who wish a recession of the _whole_
territory.
This subject involves two questions: First, whether Congress has a
constitutional power to make a retrocession of this district to the
States of Virginia and Maryland; and secondly, whether it be good policy.
As to the first, Mr. S. said, he had strong doubts on his mind, as to the
rightful power of Congress to recede or transfer.
The members of the convention who framed the Constitution of the United
States looked forward to a day when it would become necessary to fix
a place which should become the permanent seat of the Government. By
reference to the eighth section of the first article of the constitution,
we see it clearly expressed that Congress shall have power “to exercise
exclusive legislation in all cases whatsoever, over such district, not
exceeding ten miles square, as may by cession of particular States, and
the acceptance of Congress, become the seat of the Government of the
United States.”
This article, with all others contained in that instrument, after
publication for the consideration of the people of the United States,
was adopted, and became a part of the constitution. In pursuance of this
object, Congress, on the 16th of July, 1790, passed an act, entitled “the
cession act,” in the words following, to wit:
“That a district of territory, not exceeding ten miles square,
to be located as hereafter directed, on the river Potomac,
at some place between the mouths of the Eastern branch and
Conococheague, be, and the same is hereby accepted for the
permanent seat of the Government of the United States.”
Congress accepted a cession of ten miles square for the express purpose,
and on the express condition of exercising exclusive legislation and
jurisdiction, and this, too, agreeably to the spirit and meaning of the
constitution and law, thus forming a compact which Congress has no right
to violate. All the States in their Legislative capacity, and the people
of the United States, including the inhabitants of this territory, are
bound by this compact, which compact is as strong as the constitution
itself.
Mr. FINDLAY observed that, after what his colleague (Mr. SMILIE) and
others had said in favor of the resolutions for a retrocession of the
territory, exclusive of the city, he had not expected to hear any
objection to the resolutions on arguments derived from the constitution;
the resolutions for receding the territory to the States who had made the
original cession might, he thought, have been fairly combated, on the
ground of expediency; on this ground only did the resolutions before the
committee rest. He gave the credit, however, to the gentlemen opposed to
the resolutions, for their ingenuity in taking the most tenable ground,
though not directly involved in the question, but he acknowledged it
was indirectly connected with it. If we had not a right to retrocede,
the Representatives of the United States undoubtedly might decline to
exercise jurisdiction, for whatever the rights of the people were, the
Legislature must be free to act or not to act. If this is not the case,
it could not be a sovereign Legislature; Congress itself, in this case,
would act by compulsion.
He said that, though a member of the ratifying convention of
Pennsylvania, and of the Legislature of that State, and of Congress
since that time, he did not remember ever to have heard it suggested
that Congress was not vested with the same discretion in this case as
in others, expressed in similar terms. He had, indeed, of late, heard
several members say that Congress was obliged to establish a permanent
seat, &c., but, in taking a review of the constitution, he found no
such expressions. The word permanent was not in that instrument, nor
any other expression that made it the duty of Congress to establish a
permanent seat, more than to establish a permanent excise, direct tax,
or bankrupt law. The word permanent, however, he found in an act of
Congress, but certainly not authorized by the constitution; and this
present Congress had equal power to make a retrocession as that Congress
had to accept. He said it was not necessary to prove to the members
of this committee that laws, in their nature, were not permanent, but
changeable with circumstances, and that Congress had by the constitution
equal powers with any other Congress. That, from the express words of
the constitution investing this power in Congress, and from its analogy
to the investiture of other powers, no argument could be drawn against
the resolutions; that every argument of that kind he had heard was not
taken from the words of the constitution, but from constructions given to
it which he conceived the words would not bear, and which would have a
ruinous effect applied to other powers expressed in similar words. That
he did not consider himself bound by what other gentlemen fancied the
constitution meant or intended, but by what it said.
Mr. F. said it had been frequently asked what more difficulty there was
in legislating for ten miles square, than for the city alone. In answer
to this, he asked those members to recollect how many applications had
been made, how many laws have been passed, how many days have been
occupied in legislating for other parts of the district than the city.
He would ask what the people would lose by being receded to the States
to which they formerly belonged, and what they gain by the members of
Congress, who have no common interest with them, nor even acquaintance
with them or their peculiar circumstances, and liable to be imposed on
by every one with whom they converse, legislating for them? He said that
it had not been made to appear that the people would suffer any loss by
agreeing to the resolutions, and that, as it was indubitably evident that
the public would gain advantage, he hoped they would be agreed to. He
had early observed that there were nearly as many interfering interests
in this ten miles square, as in the whole United States; the members of
the committee would recollect that several of the most tedious debates,
accompanied with the greatest irritation, that had taken place this
session, arose from such subjects.
Mr. BOYD said, that, although some gentlemen had left the
constitutionality of the proposed measure out of the question, he was
not satisfied any more on that point than he was of its expediency. The
constitution was to him the polar star by which his course through the
sea of politics would be regulated. The constitution had been formed by
a convention composed of delegates from the several States of the Union,
and was afterwards adopted by State conventions, on behalf of themselves
and the people. He had been a member of his State Legislature, when they
passed a law ceding a part of their territory, well knowing that if
Congress did accept it, by the constitution, they must and would exercise
exclusive legislation over such district. He was well aware at that time
of the consequence of accepting a district of territory not exceeding ten
miles square, as laid down in the section so often alluded to; and he
did believe that that consequence would be, that Congress must exercise
exclusive legislation whenever they accepted the ceded district. The idea
of recession was not taken up at that time. The States of Pennsylvania,
Delaware, New Jersey, Maryland, and Virginia, made offers of cession
under the terms of the constitution. A partial cession was accepted by
Congress from Maryland and Virginia. If a new disposition is to be made
of this district, he did not see why Congress might not convey it to any
of those States which had proffered to comply with the constitutional
suggestion, and receive from the same another territory in lieu thereof.
This statement he made merely to show the absurdity of recession, as it
had presented itself to his mind.
Mr. NELSON meant to lay his opinion before the committee, because it
appeared to be the habit of members to assign reasons for voting, without
expecting to make any impression upon others. He considered the present
question of the greatest magnitude to the United States generally; and of
peculiar importance to his immediate constituents. He thought he should
be able to show, to the satisfaction of every member present, that the
removal of the seat of Government, which would be the consequence of
recession, was not only inexpedient, but also unconstitutional. If he
was successful in making out his point, that it was unconstitutional, he
presumed the question of expediency need not be argued; the measure would
be set at rest, and not a member would be found to give it his support.
But, if he should prove unfortunate in this respect, which however
appeared to his mind as true as that two and two make four, he might have
reference to the question of expediency.
Previous to an inquiry into the constitutionality of the proposed
project, he would just observe that constitutions themselves were things
of recent date. Before the American Revolution the word itself was never
fully understood. Lexicographers who attempted to define it never could
agree. There was no practice whereupon to try its meaning. No power
on earth had a constitution before the American States. True, England
has long boasted of possessing a constitution, and so satisfied were
her statesmen and politicians of the reality of this imaginary being,
that they have extolled it to the skies. The glorious Constitution of
England, her pride, and the envy of the world! Fine words truly; but
where is the thing itself to be found? Is it reduced to writing? No.
Who has seen it? No man. Is it known to any man? If it be, no two agree
as to what the boasted Constitution of Britain is. How different, how
honorably different, is the American Constitution! With us it is reduced
to writing. It is in every man’s hand; it is known to the whole world,
and every citizen agrees in its true and legitimate meaning. He would
take this opportunity of expressing his voice, and of holding up his hand
in resisting the doctrine of construction and inference formerly set up,
whereby the tenor and effect of that invaluable instrument was likely to
be changed. He knew that artful and ingenious men might twist and turn,
and make it, like the word republican, to mean any thing or nothing,
as best suited their nefarious designs. But this declaration and these
attacks upon the body of that sacred work, were introduced by insinuating
and artful lawyers, aided by the villany of judges, and accepted by men
employed in the administration of our public and most important national
affairs.
He saw nothing to justify the present motion. Gentlemen had attempted to
show, not only its policy, but also its constitutionality. He, however,
could not discover any words on that paper that warranted the project in
the most remote degree; perhaps it had escaped his search; but he rather
suspected gentlemen relied more upon an inference than on either the
letter or spirit of the instrument itself. But he here would repeat, that
no man was authorized to infer or construe, from the constitution, any
other thing than what the plain sense of plain words would justify.
Mr. ELMER said he agreed with the gentleman from Maryland who had just
now been up, that the question before the committee is an important and
weighty one; but it seems that it is not of itself sufficiently weighty
for that gentleman’s shoulders, for he has loaded it with much extraneous
matter. Had the gentleman proved to my satisfaction either of the
positions which he promised to demonstrate, I would not have troubled the
committee with any remarks on the subject, but would have joined him in
voting against the resolutions on the table. But, unfortunately for me,
I have, by everything that has been said, become more convinced of the
constitutionality and expediency of carrying the resolutions into effect.
Mr. R. GRISWOLD said the object of the present motion was, he supposed,
to make a permanent recession of the two parts of this district, one to
Virginia, and the other to Maryland, retaining the city of Washington.
If this was really the object, there could be no doubt but it went to
operate a change of the seat of Government. This he would endeavor, in as
few words as possible, to demonstrate. The eighth section of the first
article authorizes Congress to assume the exclusive legislation over a
district not exceeding ten miles square, &c. The States of Maryland and
Virginia ceded a district of ten miles square, or any lesser quantity,
and Congress accepted a part from each State, making one district, to
become the seat of Government of the United States. From this statement,
it is apparent that the territory, or district, of Columbia is the seat
of Government, and not the city of Washington. If, then, you recede the
territory, you recede the seat of Government, although you reserve the
city of Washington. He asked, then, whether this did not substantially go
to remove the seat of Government? After you have receded two parts of the
district, can a district be said to remain? If it does not remain, your
seat of Government is gone, and gentlemen are justified in connecting
the idea of removal with that of recession. Indeed, he felt surprised
at the declarations made by gentlemen on this floor, that the recession
had no connection with removal, and if they thought it had, they would
abandon the measure; yet, nevertheless, they give the resolutions their
warmest support.
He was not prepared to say that Congress had no right to exercise
the powers of recession and removal; but he did not think they were
prepared to act upon those questions at the present day. He, however,
acknowledged, that events might arise to make a removal necessary, but
nothing of the kind had yet occurred. There were some inconveniences in
residing here, but the members knew them, and they are lessening every
day. If, however, gentlemen are not satisfied with the accommodation,
and think that a justifiable ground for removal, they will vote for the
motion, if they can get over the constitutional objections, which had
considerable weight on his mind.
It was very clear to him, that the convention which framed the
constitution intended and designed to establish a permanent seat of
Government; that the constitution fully and effectually provides for that
object. The circumstances which gave rise to the measure are too recent,
and must be too fresh in the minds of the members of this committee, to
render it necessary or useful for him to detail them at this time. Now,
whether the convention accomplished the object they had in view, the
constitution would decide; and whether the object had been accomplished
by the cession of particular States and the acceptance of Congress, the
laws will decide. But whether it is wise or expedient to destroy a work
on which so much wisdom, time, and money had been expended, the gentlemen
forming this committee will decide.
There were doubts entertained of the constitutionality of the measure of
retrocession, and if gentlemen doubted, it would be much safer not to act
on the subject than to risk the breach of the solemn obligations they had
entered into at that table. He thought the weight of the argument on the
expediency preponderated on the side he had advocated; and, from the most
candid view of the subject, he was inclined to recommend the rejection of
the resolutions; at all events, he should give them his decided negative.
Mr. CLARK.--The question before the committee is truly of considerable
importance, not only as it respects the constitutionality but the policy
of the measure. He was sorry he had not the talents requisite for a full
and complete investigation of so great a subject. Bred to an occupation
purely professional, he had been led more to the study of detail and
practice, than to abstract theories; hence it was, that, engaged in
that laborious pursuit, he had no time and less opportunity of studying
the diversified objects of political science. Thus circumstanced,
he approached this question with extreme diffidence and cautious
circumspection; the infraction of the constitution was to him a source
of alarm, and however great the object or brilliant the achievement, he
stood appalled at the prostration of that constitution he had always held
in an estimation that approached to reverence.
But, on reflection, he was convinced that Congress were not about to
violate their oaths, as had been insinuated, by the adoption of the
present motion. He considered them in the exercise of a legitimate
authority, and he would endeavor, in a brief manner, to examine whether
they had not complete constitutional power to make a retrocession. If
he was capable of demonstrating this point, he trusted he need not go
further. But, it was necessary he should, in order to ascertain whether
the present was the proper time, and the resolutions the correct mode?
In doing this he had no prejudice to gratify or caprice to indulge; a
stranger to the place, a stranger to the people, he had no motive to
action but the unbiased result of his own opinion.
He should not, however, look into the constitution for sections wherefrom
to draw a constructive power on this head; he was not one of those that
collected power from implication, and if the authority is not expressly
given, he would not assume it. The eighth section of the first article
gives to Congress the power of exercising the sole and exclusive
legislation in all cases whatsoever.
What is the appropriate meaning of the word “exclusive” as here used?
It implies more than the debarring and shutting out all other possible
powers of legislation, and, when taken in connection with the after, and
immediately following words of the paragraph, it vests the absolute and
uncontrollable power in Congress, free from any restriction; there is no
possible case in which it cannot legislate. The constitution declares
Congress shall legislate in all cases whatsoever. But gentlemen say there
is a case in which Congress cannot legislate. Aware of this absurdity, a
distinction is attempted to be drawn between legislating for inhabitants
of the district and for the district itself. But if it be established,
as I think it has been, that Congress is here omnipotent, if you will
allow me the expression, the conclusion in both cases (admitting the
distinction, which can by no means be done) is the same; in one case, the
retrocession will mean nothing more than a cessation from legislation,
accompanied with a desire that it may be resumed by the States; in the
other, it will be a complete transfer of the district. In this sense it
must be considered; the very words go the whole of this length. It is
given to Congress, and not to the people; it is a complete investiture,
boundless and indefeasible; and this is a full answer to the argument of
gentlemen that the power is held in trust and not absolute.
As to the expediency of retrocession, he would add a few words. When
he took a view of this mighty ten miles square, he saw nothing
pleasant--nothing political--to commend. He spoke of the inhabitants,
whenever he had occasion to allude to them, with pity and compassion; and
he most devoutly wished to see them placed, as Americans, in a condition
more congenial to his own feelings, and the feelings of every true lover
of civil and political freedom. The question in this point of view will
be, Is it proper for Congress at this time to recede the parts of the
district contemplated by the resolutions?
He should allude to the expense, in order to give an answer to that
question--an expense enormous, indeed, yet every day increasing, and
one which threatened to defeat every calculation made to ascertain
its amount. The time of Congress is occupied day after day in
trifling Legislative provisions for this or that particular spot, so
inconsiderable in size or commercial importance as scarcely to furnish
a speck in the map of the United States. But laying this circumstance
out of sight, he would ask, Was Congress competent to legislate for
the inhabitants of the district? He had hoped when he first came to
Washington that they were, but experience had convinced him that they
were not equal to the task. One day they received petitions to make
certain provisions for the benefit of the people of the district,
and Congress, with the best intentions and dispositions, went into
the inquiry. After some progress made therein, a counter-petition is
presented, and the House is suspended between two or more jarring
interests. How much better, then, would it be to let these people have
recourse to those Governments which understand their real views, and
can adopt measures to ameliorate their condition! Congress is composed
of materials too heterogeneous ever to do this with any tolerable
satisfaction.
Mr. SLOAN.--My friend from Maryland (Mr. NELSON) has observed that it
is customary for members to express their sentiments on subjects under
discussion in the House--not that he expected to make one proselyte by
his observations. I perfectly agree with him that there is no reason to
believe that he has, for this plain reason: he has not adduced a single
fact in support of his argument; but, after exploding all conclusions
drawn from implication or construction, drew his own from nothing else.
But, Mr. Chairman, under sanction of the aforesaid custom, and also from
a sense of duty, I beg the attention of this committee to some brief
observations on this important subject. I consider it as altogether
improper, unfair, and unjust to blend a subject under discussion with
others not even contemplated, and to endeavor to influence the minds
of members with predictions of certain events, yet in the womb of
futurity, that may or may not come to pass. The end contemplated by the
present resolutions is neither the removal of the seat of Government,
nor to prevent Congress from exercising exclusive jurisdiction over any
territory, but to reduce the present quantum. But, say the opposers of
these resolutions, the proposed retrocession of a part of the territory
is intended as an opening wedge, preparatory to a total retrocession and
removal of the seat of Government.
Mr. Chairman, I do not pretend to a foreknowledge of any member’s
thoughts before they are articulated in words; those who have this
foreknowledge have a great advantage over other members who have it not;
but I am free to declare that my opinion is quite the reverse--believing
that the retrocession of that part of the territory contemplated by the
resolutions now under consideration, would have a tendency to continue
the seat of Government in this place.
But it has been asserted that we have no right to make the proposed
retrocession, and from the dictatorial style of the resolutions of the
town of Alexandria, and the positive assertions that we have heard on
this floor that it was unconstitutional, oppressive, and tyrannical, I
expected from the usual accuracy and correctness of the member who made
those assertions, (Mr. DENNIS,) that he was in possession of documents to
substantiate the fact; but, to my surprise, instead of such documents, he
has adduced and principally relied on the constitution, in which there
is not a single imperative sentence obligatory on Congress, either to
receive a cession, or, when received, to continue exclusive jurisdiction
over one foot of territory--the plain and unequivocal language of the
constitution leaving it perfectly optional whether to receive, and, if
received, whether to retain jurisdiction or not. Hence, I conceive that
no legislative body can be justly charged with tyranny or oppression
for altering or (if from experience it becomes necessary) disannulling
their own acts--a contra-opinion I consider as altogether uncongenial
to improvement, genuine liberty, and the inherent rights of man, and as
such, I hope will ever be exploded in these United States.
WEDNESDAY, January 9.
_District of Columbia._
Mr. THATCHER was opposed to the motion for a recession, and he had heard
only two reasons urged in favor of the measure; that the exercise of
exclusive legislation by Congress over the District of Columbia was
attended with an undue expense of the public money, and occupied so much
of their time, that the business of the Union was interrupted and put to
a stand by the interference of the local concerns of this place. This
statement he did not believe to be perfectly correct; no doubt some of
their time was taken up, but he would leave it to every gentleman to say,
whether, if they had even more business before them than they had, there
was not time enough to transact it. The House usually sat from eleven
o’clock until three; but it must have been frequently observed, that
the adjournment took place much earlier for want of business to employ
them. But he was not an advocate for the present mode of conducting
the business of the district; it would perhaps be a better way to give
them a subordinate government, controllable by Congress; or a committee
of Congress might be appointed for the purpose. He did not see that the
complaint of too much legislation was well founded, in any thing that had
taken place during the present session. If the little labor they had to
perform was too great for them, what must the labor of their predecessors
have been, who had passed all the laws in existence for the government of
the district, and yet he had never heard any complaint made by them on
the ground now taken; they knew that the constitution enjoined upon them
the duty of exercising exclusive legislation over the ten miles square,
and they performed it with patient attention.
His mind revolted at the idea of recession. Gentlemen had contended that
the powers exercised over the people of Columbia were derogatory of, and
inconsistent with the principles of free government. Yet, what does this
motion for recession propose? Why, to transfer them and the territory
away, in the manner practised in Russia, in the transfer of provinces or
manors, transferring the vassals with the soil. This may be truly called
derogatory to the principles of freedom. Nor is this all; for you do not
transfer them merely without their consent, but in the face of their
serious remonstrances against the transfer.
Mr. SMILIE advocated, and Messrs. HUGER and CLAIBORNE opposed the
resolutions; when the question was taken on agreeing to the first
resolution, for receding that part of the district formerly attached to
Virginia, and passed in the negative--yeas 42, nays 62.
The question was then taken on the second resolution, for receding that
part of the district, excepting the city of Washington, formerly attached
to Maryland, and passed in the negative--yeas 42, nays 65.
The question was then taken by yeas and nays on agreeing to that part of
the report which involved a disagreement to the first resolution, and
carried affirmatively--yeas 87, nays 46, as follows:
YEAS.--Nathaniel Alexander, Simeon Baldwin, William Blackledge,
Adam Boyd, Robert Brown, Joseph Bryan, George W. Campbell, John
Campbell, Levi Casey, William Chamberlin, Martin Chittenden,
Clifton Claggett, Thomas Claiborne, John Clopton, Frederick
Conrad, Jacob Crowninshield, Manasseh Cutler, Richard Cutts,
John Davenport, John Dennis, William Dickson, Thomas Dwight,
John B. Earle, James Elliot, William Eustis, Calvin Goddard,
Andrew Gregg, Gaylord Griswold, Roger Griswold, Seth Hastings,
William Helms, David Holmes, David Hough, Benjamin Huger,
Samuel Hunt, John G. Jackson, William Kennedy, Joseph Lewis,
jun., Henry W. Livingston, Thomas Lowndes, John B. C. Lucas,
Matthew Lyon, William McCreery, Nahum Mitchell, Thomas Moore,
Roger Nelson, Anthony New, Thomas Newton, jun., Thomas Plater,
Samuel D. Purviance, Thomas Sammons, Thomas Sanford, John
Smith, Henry Southard, Joseph Stanton, William Stedman, James
Stephenson, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney,
David Thomas, Philip R. Thompson, Abram Trigg, Philip Van
Cortlandt, Isaac Van Horne, Peleg Wadsworth, Matthew Walton,
Lemuel Williams, Marmaduke Williams, Richard Wynn, Joseph
Winston, and Thomas Wynns.
NAYS.--Willis Alston, jun., Isaac Anderson, John Archer, George
Michael Bedinger, Phanuel Bishop, John Boyle, William Butler,
Christopher Clark, Matthew Clay, John Dawson, Peter Early,
Ebenezer Elmer, John W. Eppes, William Findlay, John Fowler,
Edwin Gray, John A. Hanna, Josiah Hasbrouck, Joseph Heister,
John Hoge, James Holland, Walter Jones, Simon Larned, Michael
Leib, Andrew McCord, David Meriwether, Nicholas R. Moore,
Jeremiah Morrow, James Mott, Gideon Olin, Beriah Palmer, John
Randolph, John Rea, of Pennsylvania, John Rhea, of Tennessee,
Jacob Richards, Samuel Riker, Erastus Root, Ebenezer Seaver,
James Sloan, John Smilie, Richard Stanford, John Stewart,
Joseph B. Varnum, Daniel C. Verplanck, John Whitehill, and
Alexander Wilson.
Mr. SMILIE moved to amend the second resolution by striking out the words
“without the limits of the city of Washington,” so that the city as well
as the other parts of the district might be receded.
Only twenty-one members rising in favor of this motion, it was lost.
The question was then taken by yeas and nays on agreeing to the report
of the committee, involving a disagreement to the second resolution, and
carried affirmatively--yeas 69, nays 39.
So the said motion was rejected.
The question was then taken on agreeing to the whole report of the
committee, and carried--yeas 50, nays 28.
SATURDAY, January 12.
_Resolved_, That the Speaker address a letter to the Executive of the
State of North Carolina, communicating information of the death of JAMES
GILLESPIE, late a member of this House, in order that measures may be
taken to supply any vacancy occasioned thereby in the Representation from
that State.
TUESDAY, January 15.
_District of Columbia._
The bill to prohibit the exaction of bail upon certain suits within the
District of Columbia was brought in engrossed, and read the third time.
The final passage of the bill was opposed by Mr. GODDARD, Mr. ROOT, and
Mr. NELSON, and defended by Mr. NEWTON, as a proper measure to prevent
the oppression of malignant creditors.
Mr. EPPES desired Mr. BECKLEY to read that part of the Constitution of
the United States relative to the extent of the Judiciary power, and
that part of the law establishing the Judicial authority of the District
of Columbia, with a view of showing that the bill was not essentially
necessary.
Mr. EARLY moved a recommitment of the bill to a select committee.
Mr. BEDINGER wished that the bill might go to a select committee, because
he considered the principle a valuable one. He imagined, however, that
the details were not altogether perfect. He felt concerned on this
subject, on account of several of his constituents who had been tricked
out of notes and bonds for lands in Kentucky, which had been advertised,
and were no longer available against the drawers in that State; but,
should it so happen that business called them to Washington, they might
be extremely harassed for want of bail.
The reference was opposed by Mr. R. GRISWOLD, as he was against the
principle of the bill altogether.
On the question to recommit it, it passed in the negative--ayes 44, noes
59.
The question was then taken on the passage of the bill, and it was lost,
there being but thirty members who voted in its favor.
WEDNESDAY, January 16.
_Naval Appropriations._
The House again resolved itself into a Committee of the Whole, on the
bill making appropriations for the support of Government for the year one
thousand eight hundred and five.
Mr. J. RANDOLPH moved to fill the blank, in the clause providing for the
expense of intercourse with the Barbary Powers, with $63,500, instead of
the sum of $113,000, stated in the estimate for the current year. The
difference ($50,000) would make a part of additional appropriations, for
which he should move a distinct clause.--Motion carried.
Mr. R. then moved to add the following words: “for the contingent
expenses of intercourse with the Barbary Powers ---- dollars.” He said,
that he should be obliged to ask $150,000, in addition to the sum
reserved out of the preceding appropriation, and of course to fill the
blank with the words $200,000. This was rendered necessary because the
Mediterranean fund, heretofore liable to this charge, had been subjected,
on the motion of a gentleman from Connecticut, to the whole expense
of the support of the Navy. He supposed that no difference of opinion
could exist on the subject of enabling the Executive to make peace with
Tripoli. He had no objection to any restriction which might be thought
necessary to limit the application of the additional sum of $150,000,
which he required, to the object for which it was intended. But as the
words ransom, or tribute, had never been introduced into our statutes
heretofore, he hoped they would not be admitted on this occasion.
Mr. R. GRISWOLD had no objection to making the appropriation required, or
even a larger sum; for he was well convinced that the President ought to
have funds as well as the authority to accomplish any object connected
with the present subject, which he might wish to accomplish.
FRIDAY, January 18.
_Relief of Tax Collectors in New York._
A petition of John York, of Brookefield, in the county of Chenango, and
State of New York, late collector of the taxes on lands, slaves, and
dwelling-houses, for the eighty-third collection district within the
said State, and now confined in the jail of said county, was presented
to the House and read, praying relief in the case of a judgment awarded
against the petitioner and execution issued thereon, for the sum of eight
hundred dollars, including interest and cost of suit, for the payment of
which the petitioner was compelled to apply a certain proportion of the
proceeds of taxes collected by him in the capacity aforesaid.--Referred
to Messrs. ROOT, GREGG, and HASTINGS; to examine and report their opinion
thereupon to the House.
_District of Columbia._