AMENDMENT TO THE CONSTITUTION.

Mr. J. RANDOLPH, agreeably to notice given by him yesterday, made the

following motion:

_Resolved, by the Senate and House of Representatives of the

United States of America, in Congress assembled, two-thirds

of both Houses concurring_, That the following article

be submitted to the Legislatures of the several States,

which, when ratified and confirmed by the Legislatures of

three-fourths of the said States, shall be valid and binding as

a part of the Constitution of the United States:

The Judges of the Supreme, and all other courts of the United

States, shall be removed from office by the President, on the

joint address of both Houses of Congress requesting the same.

The House having agreed to consider the motion, it was, at the instance

of Mr. J. RANDOLPH, referred to a Committee of the Whole on the state of

the Union.

Mr. J. RANDOLPH gave notice that he should call up this motion on

Thursday.

_Naval Peace Establishment._

The House went into a Committee of the Whole on the bill relative to a

Naval Peace Establishment.

Mr. GREGG explained at some length the provisions of the bill. The bill,

he said, corresponded with the intimations of the President relative to

giving an opening to the promotion of several officers who had greatly

distinguished themselves in the Mediterranean service. He stated that

the bill contemplated giving the President power to keep in service

nine hundred and twenty-five able and ordinary seamen and boys, making

two-thirds of the full complement of six frigates, two of forty-four

guns, two of thirty-six, and two of thirty-two; that it contemplated the

increasing the number of captains from ten to thirteen; the creation of

nine masters-commandant, and the increase of lieutenants from thirty-six

to seventy-two. This arrangement was proposed, in order to give to the

young officers in the navy that rank and reward merited by them, and to

enable the doing this, without interfering with the rules of promotion

usual in the naval service.

Mr. LEIB spoke against the feature of the bill that augmented the number

of officers. It appeared to him, indeed, a pension bill, and to make

large allowances without services rendered. It also contemplated the

keeping six frigates in service, and provides for them thirteen captains,

nine masters-commandant, and seventy-two lieutenants. He did not consider

the Treasury in such a state of overflow as to justify this liberality.

Mr. GREGG said the gentleman had misunderstood his remarks as well as the

nature of the bill, which, so far from directing six frigates to be kept

in actual service, repealed that part of a former law which contained

this provision.

No motion having been made to amend the bill, the Chairman proceeded in

the reading of the remaining sections; when

Mr. GOLDSBOROUGH expressed his opinion that the bill required

considerable amendment, and that he had understood from the Secretary

of the Navy that its provisions were not consonant to that system which

he considered the most conducive to the public service. With a view to

obtain fuller information relative to the subject, he moved that the

committee should rise and ask leave to sit again.

This motion obtained, without opposition, when the committee rose and

received leave to sit again.

MONDAY, February 10.

Another member, to wit, DUNCAN MCFARLAND, from North Carolina, appeared,

produced his credentials, was qualified, and took his seat in the House.

_Importations from Great Britain._

Mr. NICHOLSON said he wished to lay on the table a resolution relative to

the subsisting differences between the United States and Great Britain,

on which several resolutions had already been offered.

Mr. N. said he had seen two propositions, neither of which he liked. One

was a resolution offered by a gentleman from Pennsylvania, (Mr. GREGG.)

When he considered that our importations from Great Britain amounted

annually to about twenty-five millions of dollars, and that the whole

of this trade was, according to the proposition of the gentleman, to be

prohibited; and it was also considered that the average amount of duties

on articles imported from Great Britain was twenty per cent., it would at

once be seen that the measure would affect the revenue to the amount of

five millions annually.

Nor did it, in offering these resolutions, appear to have been taken into

view, that while the measure had a very material effect on the revenue,

it had likewise an immediate effect on the habits of our citizens who

consumed goods imported from Britain. With regard to the single article

of cotton, its prohibition would operate in three different ways. In the

first place, the wants of our people will be increased in proportion to

the prohibition of cotton goods; in the second place, the revenue would

be affected by it; and in the last place, it was extremely probable that

the foreign demand for the raw material we furnish would be considerably

diminished. A single fact would evince this with some force. In the

year 1791, there were exported to Liverpool 64 bales of cotton; and in

the first nine months of 1805 there had been exported to the same place

93,000 bales. This would show what the effect might be of the prohibition

of the importation of articles manufactured from cotton in Great Britain

on the demand for the raw material we furnish.

Mr. N. then submitted the following resolution:

_Resolved_, That, from and after the ---- day of ---- next,

the following articles, being of the growth, or manufactures

of Great Britain or Ireland, or of any of the colonies or

dependencies of Great Britain, ought to be prohibited by

law from being imported into the United States, or into the

territories thereof, viz:

All articles of which leather is the material of chief value;

all articles of which tin or brass is the material of chief

value, tin in sheets excepted; all articles of which hemp or

flax is the material of chief value; all articles of which silk

is the material of chief value; woollen cloths, whose invoice

prices shall exceed ----; woollen hosiery of all kinds; window

glass, and all other manufactures of glass; silver and plated

wares; paper of every description; nails and spikes; hats;

clothing ready made; millinery of all kinds; playing cards;

beer, ale, and porter; and pictures and prints.

This resolution was immediately considered by the House, and referred to

a Committee of the Whole on the state of the Union, and ordered to be

printed.

_West India Trade._

Mr. CROWNINSHIELD said, the gentleman from Maryland (Mr. NICHOLSON)

had offered several resolutions prohibiting the importation of

sundry articles of British manufactures into the United States. Mr.

C. observed that he had another project which he wished to submit,

relative to our trade with the British West Indies. He did not mean at

this time to discuss the subject, either so far as it was connected

with the propositions of the gentleman from Maryland, or with that of

the gentleman from Pennsylvania, which went to a much greater extent.

But with regard to one idea expressed by the gentleman from Maryland,

he thought it proper to say a few words. That gentleman had observed

that the proposition offered by the gentleman from Pennsylvania would

affect the revenue to the amount of five millions of dollars; and

therefore impressed upon the House the duty of being extremely cautious

in taking such a step. Mr. C. said he did not believe the adoption of

that proposition would affect the revenue to any such extent. He did

not believe it would affect the revenue to the amount of a million of

dollars. Because, although we should prohibit the importation of British

goods, we could get most of the same articles from other countries. We

get salt from Cadiz, and Lisbon, and from several other places. Rum could

be got from every island in the West Indies; and if we should not be

able to get a sufficient quantity to supply our wants, we could import

from France brandies, which will be a good substitute. We may also get

woollens from the continent of Europe, and every article on the list,

perhaps at higher prices. It was not, however, Mr. C. said, his object at

this time to discuss the merits of either proposition. His chief object

was to offer his own project, which related to the West Indies. Every

one knows that those islands are dependent on the United States for the

necessaries of life; that they cannot get many important articles they

absolutely want from other countries. Every one knows that for fish,

beef, pork, and lumber, they are dependent on us, inasmuch as they

cannot get them elsewhere. How is the trade carried on? Great Britain has

adopted a curious commercial principle, bottomed on the principle of her

navigation act; which in time of peace almost amounts to a prohibition

to introduce into her islands any articles of ours; and which in time

of war opens the ports of a few of her islands for the introduction of

particular articles for three or six months. Mr. C. said he wished to

see this trade permanently open to the citizens of the United States.

He thought it probable this might be done by the adoption of his plan.

The gentleman from Pennsylvania had offered a proposition which was

calculated to meet in part the practices of Great Britain. The first

resolution related to trading to the West Indies in foreign vessels, and

not in vessels of the United States. Every one knew that in the trade

between the United States and the West Indies there were either none, or

very few foreign vessels.

Mr. C. then offered the following resolution:

_Resolved_, That, from and after the ---- day of ---- next,

no goods, wares, or merchandise, shall be exported from, or

imported into, the United States or the territories thereof,

in any ship or vessel whatever, to or from any European

colonies or settlements, situated on the eastern side of the

continent of America, or its adjacent seas, northward of

the Equator, unless the importation of all articles of the

growth, product, or manufacture of the United States and their

territories, in American bottoms, is at all times admitted into

the said colonies, or settlements, and unless the exportation

of the productions of the said colonies, or settlements, is

permanently allowed in American bottoms from the same to the

United States, and the territories thereof.

WEDNESDAY, February 12.

_Limits of Georgia._

Mr. SPALDING, from the committee to whom was referred, on the thirteenth

ultimo, the memorial of the Legislature of the State of Georgia, made a

report thereon, which was read, as follows:

The committee to whom was referred the memorial of the

Legislature of the State of Georgia, respecting disputed limits

between that State and the State of North Carolina, having

taken into consideration the matter of the said memorial, as

well as such information as the documents attached to the

memorial and former reports made to this House afford, beg

leave to submit the following report:

Between the latitude of 35 degrees north, which is the southern

boundary claimed by North Carolina, and the northern boundary

of Georgia, as settled by a convention between that State and

South Carolina, intervenes a tract of country supposed to be

about twelve miles wide, from north to south, and extending in

length from the western boundary of Georgia, at Nicajack on the

Tennessee, to her north-eastern limits, on the Tugalo. This

tract was consequently within the limits of South Carolina,

and in the year 1787 it was ceded to the United States, who

accepted the cession. This territory remained in possession of

the United States until 1802, when it was ceded to the State

of Georgia. From the most correct information relative to the

said territory, it appears that it is inhabited by about 800

souls, and (to adopt the words of a former report) it is not

shown at what period they made the settlement, nor had they any

title to the land on which they settled and made improvements.

No such title indeed could have been created, as those lands

remained within the boundary of the Cherokees until the year

1798, when a part of this territory was purchased by a treaty

held at Tellico. It does not appear that the lines that bound

the tract of land in question, and divide it from Carolina,

have ever been established by public authority.

After the transfer of this territory by the United States to

Georgia, the Legislature of that State, in compliance with

the earnest request of those self-governed people, praying

that they might be allowed to participate in the civil rights

enjoyed in common by the people of the United States, passed

an act in the year 1803 to organize the inhabited part of the

territory, and to form it into a county, authorizing, at the

same time, the Governor to appoint commissioners, to meet such

commissioners as should be appointed by the Government of North

Carolina to ascertain and plainly mark the line dividing this

territory from North Carolina. The Governor of North Carolina

expressed a readiness to accede to the proposition, under the

provisions of a former act of the Legislature of that State,

but clogged with a condition which the Legislature of North

Carolina refused to depart from, and which the Legislature

of Georgia refused to accede to. Her reason may be found

in a letter from General Pickens, of the State of South

Carolina, attached to a report made to the House respecting

that territory while the property of the United States. The

letter states, that before the people inhabiting that territory

settled on the lands, it was surveyed, and grants obtained for

most part of it from the State of North Carolina, and probably

by men who cared little whether the land was within the

Indian claim or the limits of South Carolina. Your committee

conceive that they have no right to enter into the feelings

of either of the parties, or to pronounce upon the justice of

the condition made by North Carolina on the one part, or its

rejection by Georgia on the other, and have therefore confined

their attention to that part of the memorial which calls upon

Congress to define and mark out the thirty-fifth degree of

latitude--the line which North Carolina admits to bound her

State--upon the south and north of which Georgia can have no

claim of territory. Your committee, after giving to this point

the most deliberate consideration, are of opinion that the

United States are bound, in good faith, to use their friendly

offices with the State of North Carolina for obtaining an

amicable adjustment of the limits of the territory, which they

have transferred to Georgia, in all parts where such limits may

be disputed.

Your committee, therefore, beg leave to offer the following

resolution:

_Resolved_, That the President of the United States

be authorized to appoint a commissioner, to meet such

commissioners as may be appointed by the States of North

Carolina and Georgia, for the purpose of ascertaining and

running the line which divides the territory transferred by the

United States to Georgia, from North Carolina.

The report was read, and referred to a Committee of the whole House on

Friday next.

THURSDAY, February 13.

_Society of Harmony._

The House went into a Committee of the Whole on the bill received

from the Senate, the object of which is to authorize the location of

a quantity of land in the Indiana Territory by George Rapp and his

associates, they paying two dollars therefor, and giving them a credit,

without the payment of interest, for six years, when they are to pay

one-fourth of the purchase money, and the residue in six annual payments,

on condition that, agreeably to prescribed terms, the vine shall be

cultivated.

Mr. MCCREERY stated that George Rapp and his associates, amounting to

about 3,000 persons, were natives of the Electorate of Wirtemberg; that

they were Lutherans, who had fled from oppression in that country; that

they were mostly cultivators of the vine, and wished an extension of the

usual time for paying for public lands, they not having the means of the

common payment; they wished to live together, and to cultivate the vine

for their principal support, for their prosperity, and for the good of

the community, in introducing its culture into this country.

Mr. ELY observed that the bill appeared to give a preference in the

sale of the public lands; that the bill was presented from the Senate

without the documents or testimony which might justify this preference;

he therefore moved that it should be committed to the Committee on Public

Lands.

Mr. GREGG.--They obtain a whole township of the best land at only two

dollars per acre, and it is proposed to extend to them an unusual

indulgence in the time of payment. He would not agree to it.

Mr. FINDLAY spoke in favor of the bill.

Mr. CONRAD.--The indulgence of time for payment is not unprecedented. He

showed an act granting twelve years for payment where land was purchased

for the same purpose, and that act does not bind the purchasers to plant

the vine, whereas this does. It were better to make a present of the land

than not have the settlement among us of such persons. If not thus sold,

it is more than probable that the land will lie waste and unsold more

than the six years.

Mr. OLIN.--If we can be justified in a sale of this kind, why oblige

foreigners instead of our own countrymen? We have citizens enough of our

own who would be glad to purchase on such terms.

Mr. SLOAN.--Though I drink no wine myself, I have no wish to prevent

others, for I think it may often be serviceable. I consider the

indulgence as to the time of payment in the light of an encouragement or

bounty, that may prove useful to us as well as the applicants.

Mr. SMILIE.--I cannot say with the gentleman from New Jersey that I drink

no wine, for I certainly do when I can get it. I do not consider it as

a valid objection that the petitioners are foreigners. I am myself a

European, who have fled from oppression in the country where I was born.

How great a part of Pennsylvania is settled by such characters!

Mr. MCCREERY.--The applicants are men of piety and industry. Let us give

them a good chance, for our own sakes as well as theirs, to introduce the

culture of the grape here.

Mr. FINDLAY.--If this indulgence be not given, the land will lie waste.

We wish to populate the territory. Their settlement will enhance the

value of the public lands around them.

Mr. ELY.--I am sorry my motion has occasioned so much debate. I was

ignorant of the circumstances relating to this society, and to the

character of it; my object was information, not an intention to defeat

the bill. We deviate from the usual mode, which is to have the report of

a committee in cases of this sort.

Mr. GREGG.--This bill very improperly authorizes a deviation from

the established practice of selling public lands--it is a change of

principle. I do not wish to see so great a body of foreigners settled

together; we shall have a little Wirtemberg; we must legislate for them;

they cannot speak our language; they cannot serve as jurymen, and from

the information I have received, I am confident they will not succeed in

cultivating the vine in that country.

Mr. BEDINGER.--I am a shareholder in a vineyard in Kentucky, and our

success has exceeded our most sanguine expectations.

Mr. MACON.--In order to try the sense of the committee, I move to strike

out the words “George Rapp and his associates.” Why should we not grant

bounties for raising wheat or corn as well as the vine? If wine can be

made here to advantage, there is no need of the encouragement of this

House. A few years since we raised no cotton, but the profit of this

culture once known, it has become an article of vast exportation. What

claim have these aliens over our own citizens? They have been oppressed;

put your finger on any spot of Europe that is not under oppression. If

you commence this new system, all the best sections of land will be taken

up in this manner. Who will not purchase on such terms?

Mr. LYON.--Lands not belonging to the public may be had for less than one

dollar an acre in many places.

Mr. OLIN.--We have men that can cultivate the vine as well as those

foreigners. It is a plain, simple thing.

Mr. JACKSON.--If disposed to grant favors, let us grant to those who have

the greatest claim. There are many old soldiers of the Revolution, who

would rejoice to purchase land on these terms. Why encourage the making

of wines? They are luxuries, not necessaries. Lands on the Ohio are from

six to eight dollars in many places; this bill gives the petitioners

their choice of the best, and they pay no interest for their purchase, at

two dollars.

Mr. SLOAN.--This bill will enhance the value of lands adjoining. It will

be a humane act.

Mr. JACKSON.--I rise merely to state a fact I have just now learned.

There are at this very time men waiting for the passage of this bill, who

are ready to give six dollars per acre for much of the very land the bill

contemplates.

Mr. HOLLAND.--Some small tracts only may sell for six dollars. We bind

the purchasers to plant the first year 9,000 plants, and 3,000 annually

after.

Mr. MORROW, of Ohio.--I rise only to reply to the gentleman from

Virginia, (Mr. JACKSON.) I never seek for information in the lobby, nor

the gallery, nor Pennsylvania avenue. The gentleman is misinformed.

Mr. JACKSON.--My authority is an honorable member near me--an authority

at least as respectable as any the gentleman from Ohio can have.

The question was taken--50 for striking out, 51 against it. The committee

rose, and the House considered the bill.

Mr. CROWNINSHIELD.--There is no interest to be received. I have made a

calculation that, considering the want of interest to the time of the

last payment, we now get only ninety-seven cents per acre. I move to

strike out two, and insert three dollars per acre.

The motion was lost--44 only for it.

Mr. CROWNINSHIELD.--There are in a section about 23,000 acres, making

about 46,000 dollars. I move to insert six per cent. interest till paid.

Mr. NICHOLSON.--Public lands are sold without interest for a certain

time. If the money be not punctually paid, I am willing the debt should

be on interest after.

Mr. JACKSON.--I move to postpone the consideration of the bill

indefinitely.

The ayes and nays were called for, and taken on this motion--ayes 53,

nays 59.

Mr. CROWNINSHIELD’s motion for the insertion of interest was lost--52 to

49.

Mr. D. R. WILLIAMS moved the insertion of two instead of six years for

payment of the land. Motion lost--54 to 45. The bill passed to a third

reading for to-morrow.

FRIDAY, February 14.

_Indiana Territory._

Mr. GARNETT, from the committee appointed on the eighteenth of December

last, to whom were referred the report of a select committee on the

letter of William H. Harrison, made the seventeenth of February, eighteen

hundred and four; a memorial of the Legislative Council and House of

Representatives of the Indiana Territory, and several petitions of sundry

inhabitants of the said Territory; made the following report:

That, having attentively considered the facts stated in the

said petitions and memorials, they are of opinion that a

qualified suspension, for a limited time, of the sixth article

of compact between the original States and the people and

States west of the river Ohio, would be beneficial to the

people of the Indiana Territory. The suspension of this

article is an object almost universally desired in that

Territory. It appears to your committee to be a question

entirely different from that between slavery and freedom,

inasmuch as it would merely occasion the removal of persons,

already slaves, from one part of the country to another. The

good effects of this suspension, in the present instance, would

be to accelerate the population of that Territory, hitherto

retarded by the operation of that article of compact, as

slaveholders emigrating into the Western country might then

indulge any preference which they might feel for a settlement

in the Indiana Territory, instead of seeking, as they are now

compelled to do, settlements in other States or countries

permitting the introduction of slaves. The condition of the

slaves themselves would be much ameliorated by it, as it is

evident, from experience, that the more they are separated and

diffused, the more care and attention are bestowed on them

by their masters, each proprietor having it in his power to

increase their comforts and conveniences in proportion to the

smallness of their numbers. The dangers, too, (if any are to

be apprehended,) from too large a black population existing

in any one section of country, would certainly be very much

diminished, if not entirely removed. But whether dangers are

to be feared from this source or not, it is certainly an

obvious dictate of sound policy to guard against them, as far

as possible. If this danger does exist, or there is any cause

to apprehend it, and our Western brethren are not only willing

but desirous to aid us in taking precautions against it, would

it not be wise to accept their assistance? We should benefit

ourselves, without injuring them, as their population must

always so far exceed any black population which can ever exist

in that country, as to render the idea of danger from that

source chimerical.

Your committee consider the regulation contained in the

ordinance for the government of the Territory of the United

States, which requires a freehold of fifty acres of land as

a qualification for an elector of the General Assembly, as

limiting too much the elective franchise. Some restrictions,

however, being necessary, your committee conceive that a

residence continued long enough to evince a determination to

become a permanent inhabitant, should entitle a person to the

rights of suffrage. This probationary period need not extend

beyond twelve months.

The petition of certain settlers in the Indiana Territory,

praying to be annexed to the State of Ohio, ought not, in the

opinion of your committee, to be granted.

After attentively considering the various objects desired in

the memorials and petitions, the committee respectfully submit

to the House the following resolutions:

1. _Resolved_, That the sixth article of the ordinance of

1787, which prohibits slavery within the Indiana Territory,

be suspended for ten years, so as to permit the introduction

of slaves, born within the United States, from any of the

individual States.

2. _Resolved_, That every white freeman of the age of

twenty-one years, who has resided within the Territory twelve

months, and within the county in which he claims a vote, six

months immediately preceding the election, shall enjoy the

rights of an Elector of the General Assembly.

3. _Resolved_, That the petition of certain settlers in the

Indiana Territory, praying to be annexed to the State of Ohio,

ought not to be granted.

4. _Resolved_, That it is inexpedient, at this time, to grant

that part of the petition of the people of Randolph and St.

Clair which prays for a division of the Indiana Territory.

Referred to a Committee of the Whole on Thursday next.

_Society of Harmony._

The bill allowing George Rapp and his associates to locate a township of

land in the Indiana Territory on certain conditions, was read a third

time.

Mr. CLARK moved to recommit the bill to the Committee on Public Lands.

The bill wants several amendments. There is no penalty, should the

petitioners neglect to plant the vines.

Mr. JACKSON.--I second the motion of my colleague. These public lands

formerly belonged to the State of Virginia; when ceded by that State,

the Government of the United States were made trustees “for the common

benefit of the Union; faithfully and _bona fide_ for that use, and for

no other,” to use the words of the act granting the cession. This is a

contract between Virginia and the United States; we are in the place

of trustees; we cannot violate the trust, yet this mode of selling

the land for the benefit of individual foreigners is a violation of

the trust. This precedent will be quoted hereafter, and will operate

most injuriously. Notwithstanding what the gentleman from Ohio (Mr.

MORROW) has said, I cannot help saying, that there are men ready at this

time to give six dollars per acre for this very land, or land of this

description. This bill will give them a whole township, 23,000 acres of

land of the first quality. I cannot conceive the cultivation of the vine

as a national benefit, as being “for the common benefit of the Union.”

It will diminish the revenue, should vines be raised in abundance here.

Wine is heavily taxed, and the tax is paid by the rich. I am altogether

opposed to the bill.

Mr. SMILIE.--A new argument indeed is brought forward by the gentleman

from Virginia. We can hardly turn round without somehow invading the

rights of Virginia. If we talk of building a bridge or erecting a dam, at

once the rights of Virginia are invaded. If we wish to dispose of some of

our public land in the West as we think proper, the rights of Virginia

are invaded. Virginia claimed lands stretching to the north pole; she

took what she wanted, and gave a quit claim to the United States for the

rest. Some of the House think this sale, this indulgence in the payment

for the purpose of introducing the cultivation of the vine, and of

serving these worthy foreigners, will be “for the common benefit of the

Union;” some think otherwise; it is merely a matter of opinion, and a

majority of opinion must decide.

Mr. MORROW.--There are some small tracts of land, on which what are

called _squatters_ are settled, and where already improvements have been

made, which would sell for four or six dollars per acre; but I doubt

whether any township of land would sell for two dollars, even with the

usual instalments.

Mr. PARKE, of the Indiana Territory.--Even in the settled parts of the

Territory, lands are not above three dollars.

Mr. ELY.--Gentlemen have said that poor lands were proper for the vine.

It may be so; but the petitioner and his associates mention also the

raising of hemp, which requires the best bottom lands. I am far from

wishing to discourage these settlers; but they are already among us, and

will not leave this country. They are represented to be (and I fully

believe the representation) men of piety and morality; the United States

are not beyond improvement in piety and morality; instead of putting them

in one, and that a far-distant place, let them be scattered over the

Union, that all parts may be benefited. Such a body of men, of one sect,

of one language, will wish to seclude itself from the rest of the Union;

they will wish what this bill gives them, and what I think injurious,

an exclusive territory. We are deviating from our common usage in the

sale of land. Is the deviation necessary or proper? Gentlemen have said

they were flying from oppression to this land of liberty; liberty was

their object; a republican Government; yet it appears that when they left

Wirtemberg, their expectation and intention was to settle in Louisiana,

then under the Spanish Government. The bill obliges them to plant a

certain number of vines; perhaps the expense of this will not be $100,

and there is no forfeiture even if they should refuse to comply. It may

prove a fine speculation for them; they may get perhaps the finest land

and the best salt lick in the territory.

Mr. NICHOLSON, (after recapitulating the arguments previously

adduced.)--I have no objection to the settlement of the applicants in one

body; nor can I see any probable evil resulting from it. The gentleman

from Massachusetts has informed us that the people of the United States

are bad enough, and that the distribution of this society over the whole

States might prove advantageous to the Union; if not in one body, they

must settle on lands for sale in different parts of Kentucky, Tennessee,

Ohio, &c. This distribution would be unfair, as Massachusetts has not

lands for sale, except perhaps in the district of Maine; hence that State

would be deprived of the advantage it might obtain by an improvement of

its piety and morality from a distribution of a part of this society

among the citizens of that State. I know not why the sale of this land,

according to the terms of the bill, should be considered as not conducing

to the good of the nation. We have given lands for colleges and schools,

and for the support of clergymen; we have also sold lands, the proceeds

of which were to be expended for the improvement of roads--roads by which

the public at large would be benefited, though the citizens of Maine or

Georgia might never travel them.

The bill was recommitted to a Committee of the Whole--62 to 53, and made

the order of the day for Monday next.

MONDAY, February 17.

_Non-Importation of Slaves into Territories._

Mr. DAVID R. WILLIAMS, from the committee appointed, on the seventh

instant, “to inquire whether any, and, if any, what, additional

provisions are necessary to prevent the importation of slaves into the

Territories of the United States,” made the following report:

That the act of Congress, passed the 7th April, 1798,

authorizing the establishment of a Government in the

Mississippi Territory, permits slavery within that Territory,

by excluding the last article of the ordinance of 13th July,

1787. The seventh section of this act prohibits, after the

establishment of a Government, the importation of slaves from

any port or place without the limits of the United States; of

course, the right to import slaves from any place within the

limits of the United States is not restricted.

The act of 2d March, 1805, further providing for the Government

of the Territory of Orleans, secures to its inhabitants

“all the rights, privileges, and advantages, secured by the

ordinance of 13th July, 1787, and now enjoyed by the people of

the Mississippi Territory.” The importation of slaves, from

any place within the limits of the United States, is one of

those rights; consequently, the inhabitants of the Territory of

Orleans may exercise it also.

The tenth section of the act of 26th March, 1804, “erecting

Louisiana into two Territories, and providing for the temporary

government thereof,” prohibits the introduction of slaves

into that Territory, from any place, “except by a citizen of

the United States, removing into said Territory, for actual

settlement, and being at the time of such removal _bona

fide_ owner of such slave or slaves.” This tenth section,

being repugnant to the first section of the act of 2d March,

1805, was repealed by the last section of said act, which

declares: “that so much of an act, entitled ‘An act erecting

Louisiana into two Territories, and providing for the temporary

government thereof,’ as is repugnant with this act, shall, from

and after the first Monday of November next, be repealed.”

The committee are in the possession of the fact, that African

slaves, lately imported into Charleston, have been thence

conveyed into the Territory of Orleans; and, in their opinion,

this practice will be continued to a very great extent while

there is no law to prevent it.

Upon this view of the subject, the committee believe it is

expedient to prohibit any slave or slaves, who may be hereafter

imported into the United States, from being carried into any

of the Territories thereof; they, therefore, respectfully

recommend the following resolution:

_Resolved_, That it shall not be lawful for any person or

persons to import or bring into any of the Territories of

the United States any slave or slaves that may hereafter be

imported into the United States.

The report was referred to the Committee of the Whole to-morrow.

TUESDAY, February 18.

_Society of Harmony._

The House resumed the consideration of the bill sent from the Senate,

entitled “An act to empower George Rapp and his associates, of the

Society of Harmony, to purchase certain lands;” and a motion being made

further to amend the said bill by inserting, at the end thereof, the

words following:

“And interest, at the rate of six per cent, per annum,

commencing from the end of the four years aforesaid, shall be

charged on the whole of the six last payments, until the same

shall be received into the public Treasury:”

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

resolved in the affirmative--yeas 62, nays 44.

_Ordered_, That the said amendments, together with the bill, be read the

third time to-day.

The said bill, together with the amendments thereto, was read the third

time; and, on the question that the bill, as amended, do pass, it passed

in the negative--yeas 46, nays 46.

Mr. SPEAKER declaring himself with the nays. And so the said bill was

rejected.

_Church in Georgetown._

Mr. FINDLAY called up the bill for incorporating the Presbyterian Society

in Georgetown. The bill was long, and was read by sections. One section

authorized a lottery for finishing the church.

Mr. CLARK moved to strike out the section; you would not convert your

church into a gambling house. I never considered that religion of the

best kind which was supported by lotteries.

Mr. SLOAN.--I am for striking out. I never will consent to an act

authorizing public gambling.

Mr. CLARK.--Corporations of all kinds, but more particularly

ecclesiastical corporations, are objects of my particular hatred.

Religion I do not consider of this world. I am no enemy to it, however;

I adore it. To try the principle of the bill, I move to strike out the

first section.

Mr. SOUTHARD.--I can see no possible objection to an act of incorporation

in this as well as other cases. There are many advantages a society

of this nature cannot enjoy without incorporation. Donations from the

wealthy, who often bequeath sums for the benefit of religion, cannot be

held without such incorporation.

Mr. SLOAN.--We have no acts of incorporation in the society in which

I was brought up, (the Quakers,) yet we find no difficulty in the

management of our affairs--no difficulty in receiving gifts. I abhor all

ecclesiastical corporations. Congress never has, and I hope never will,

stain its pages with an act of this sort.

Mr. SMILIE.--I hope the gentleman from New Jersey will not frighten

himself with the echo of his own words. No evil can result from this

act. The opinion of the Quakers is, that no money ought to assist them

in their passage to heaven; others believe that money is employed to the

best advantage in this way; hence the Quakers never pay those who preach

for them, while almost all other classes of Christians do. The gentleman

from New Jersey surely does not wish to forbid a clergyman’s payment. I

hope that citizens of different persuasions may all have a full enjoyment

of their modes of religious worship.

Mr. ELMER.--There never was a nation without religious establishments.

All sects, except the Quakers, pay their preachers; and if the preachers

among the Quakers have not a direct salary, they find means to obtain

something of that kind indirectly, though not from direct funds.

Considered in a moral, political, and religious view, these acts of

incorporation are highly necessary and proper for the well-being of

society.

Mr. CLARK.--This is the first request that has been made to Congress for

a religious incorporation; if we check it now, we may check what may

hereafter prove an immense evil. It is from small beginnings that great

disasters usually rise. Should this bill pass, I foresee what may perhaps

in time come to pass. I can foresee the practice of pious frauds. The

priests dressed in their canonicals, attending the rich man on his dying

bed, and urging the repenting sinner to part with a portion of his wealth

for the good of the church, and for the obtainment of a certain passport

to heaven.

Mr. FINDLAY.--This is an accommodation Congress only can grant, and which

is enjoyed in all the States.

Mr. NICHOLSON.--I never knew an application of this kind to be refused

in the State, a part of which I have the honor to represent. In the

Legislature of that State, half a dozen applications of this sort would

have been granted in the time we have already spent in this unnecessary

and shameful debate. Why should we refuse? If a society of Hindoos in the

District should make such an application, I should not think of refusing

them. If the dying rich man believes the bestowment of a part of his

wealth for the benefit of religion will be a deed rendering him more

acceptable to heaven, shall he be deprived of this right to give, because

another thinks otherwise?

Mr. RHEA, of Tennessee, moved to postpone the consideration of the bill

till the 1st of May.

Mr. SMILIE spoke against postponement.

Mr. QUINCY.--I had not intended to open my mouth on a subject that

appeared to me so plain; where our duty was so apparent; but the debate

has taken so strange a turn that I must make a few remarks. This is a

mere civil affair--religion has nothing to do with it, so far as we

are concerned in granting or refusing the application. I never knew an

application of this kind to be refused--it is an application for the

grant of certain powers to a certain number of persons; it is like an

application for the incorporation of a bank, or any thing similar.

Congress have only to inquire whether or not the ends are proper; whether

the powers asked are or are not likely to be injurious. The gentleman

from Virginia (Mr. CLARK) says, that incorporations of all kinds,

particularly ecclesiastical, are objects of his great abhorrence. The

objects of his abhorrence must then be very numerous, for they almost

every where abound. In Massachusetts nothing can be more common. The

incorporation of a religious society is not for the mere purpose of

enabling such a society to receive the gifts that may be bequeathed them;

the incorporation is for the purpose of enabling a society, or number

of persons, to transact their business, to hold property, to sue and

be sued, &c. Property they must hold, and, if not held as a corporate

body, they must hold it as joint tenants--tenants in common--or they

must have trustees to hold it for them, or a part must hold as trustees

for the rest; and hence arise innumerable difficulties, litigations, and

disagreements--difficulties that will not arise in corporate bodies. You

have only to take care, when an act of incorporation is granted, that no

powers be granted that may have an injurious effect.

Mr. SOUTHARD.--The incorporation of almost all societies is for the

advantage of the public; the incorporation of religious bodies has ever

been beneficial to morals and to society at large. It enables them to

give and to receive justice; to sue and to be sued. The benefits of

incorporation are innumerable; what were society without them? what are

we but a corporate body?

The bill passed to a third reading by a large majority.

WEDNESDAY, February 19.

_Church in Georgetown._

The bill to incorporate the Trustees of a Presbyterian Church in

Georgetown was read a third time.

Mr. ELMER supported, and Messrs. JACKSON, SLOAN, HOLLAND, and RHEA,

opposed the bill.

The question was taken by yeas and nays, and the bill passed--yeas 72,

nays 40.

THURSDAY, February 20.

_Charlestown, (Kanawha,) Virginia._

Mr. CROWNINSHIELD, from the Committee of Commerce and Manufactures, made

a report on the petition of sundry inhabitants of Charlestown, Virginia,

praying that said place may be made a port of entry and delivery.

The report is detailed, and assigns a variety of reasons against the

expediency of granting the prayer of the petitioners, and concludes with

a resolution that they have leave to withdraw their petition.

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