MONDAY, December 1, 1806.
This being the day appointed by the constitution for the annual meeting
of Congress, the following members of the House of Representatives
appeared, and took their seats, to wit:
_From New Hampshire_--Silas Betton, Caleb Ellis, David Hough,
Samuel Tenney, and Thomas W. Thompson.
_From Massachusetts_--Joseph Barker, Barnabas Bidwell, John
Chandler, Orchard Cook, Jacob Crowninshield, Richard Cutts,
William Ely, Isaiah L. Green, Seth Hastings, Jeremiah Nelson,
Josiah Quincy, Ebenezer Seaver, William Stedman, Samuel
Taggart, and Joseph B. Varnum.
_From Vermont_--Martin Chittenden, James Elliot, James Fisk,
and Gideon Olin.
_From Rhode Island_--Nehemiah Knight, and Joseph Stanton.
_From Connecticut_--Samuel W. Dana, John Davenport, jr.,
Jonathan O. Mosely, Timothy Pitkin, jr., Lewis B. Sturges, and
Benjamin Tallmadge.
_From New York_--John Blake, jr., Silas Halsey, John Russell,
Peter Sailly, Thomas Sammons, Martin G. Schuneman, Philip Van
Cortlandt, and Killian K. Van Rensselaer.
_From New Jersey_--Ezra Darby, Ebenezer Elmer, John Lambert,
James Sloan, and Henry Southard.
_From Pennsylvania_--Isaac Anderson, David Bard, Robert Brown,
Joseph Clay, Frederick Conrad, William Findlay, John Hamilton,
James Kelly, John Pugh, John Rea, Jacob Richards, John Smilie,
Samuel Smith, John Whitehill, and Robert Whitehill.
_From Delaware_--James M. Broom.
_From Maryland_--Charles Goldsborough, Patrick Magruder,
William McCreery, Nicholas R. Moore, and Roger Nelson.
_From Virginia_--Burwell Bassett, John Claiborne, John Clopton,
John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn,
David Holmes, Walter Jones, Joseph Lewis, jr., Thomas Newton,
jr., and John Randolph.
_From North Carolina_--Willis Alston, jr., Thomas Kenan, Duncan
MacFarland, Nathaniel Macon, Speaker, Richard Stanford, Joseph
Winston, and Thomas Wynns.
_From South Carolina_--William Butler, Robert Marion, Thomas
Moore, and David R. Williams.
_From Georgia_--Peter Early, and David Meriwether.
_From Ohio_--Jeremiah Morrow.
_From Kentucky_--George M. Bedinger, John Boyle, and Thomas
Sanford.
_From Tennessee_--George W. Campbell, and John Rhea.
_Delegate from the Mississippi Territory_--William Lattimore.
Two new members, to wit: from Connecticut THEODORE DWIGHT, returned to
serve in this House, as a member for the said State, in the room of John
Cotton Smith, who has resigned his seat; and, from Virginia, WILLIAM A.
BURWELL, returned to serve in this House, as a member for the said State,
in the room of Christopher Clark, who has resigned his seat, appeared,
produced their credentials, were qualified, and took their seats in the
House.
DANIEL CLARK, returned to serve as a delegate from the Orleans Territory
of the United States, appeared, produced his credentials, was qualified,
and took his seat in the House.
And a quorum, consisting of a majority of the whole number, being
present, a message was sent to the Senate to inform them that a quorum of
the House is assembled, and ready to proceed to business.
A message from the Senate informed the House, that a quorum of the Senate
is assembled, and ready to proceed to business.
Mr. DAWSON and Mr. GEORGE W. CAMPBELL were appointed a committee, on the
part of the House, jointly with such committee as may be appointed on the
part of the Senate, to wait on the President of the United States, and
inform him that a quorum of the two Houses is assembled, and ready to
receive any communications he may be pleased to make to them.
A message from the Senate informed the House that the Senate have
appointed a committee on their part for the same purpose.
TUESDAY, December 2.
Several other members, to wit: from New York, HENRY W. LIVINGSTON, and
URI TRACY; from Maryland, JOHN CAMPBELL; from Virginia, JOHN MORROW,
THOMAS M. RANDOLPH, JOHN SMITH, PHILIP R. THOMPSON, and ALEXANDER
WILSON; from North Carolina, JAMES HOLLAND; and from South Carolina,
ELIAS EARLE, appeared, and took their seats in the House.
A Message was received from the PRESIDENT OF THE UNITED STATES. [For
which, see Senate proceedings of this date, _ante_, page 485.]
WEDNESDAY, December 3.
Several other members, to wit: from New York, JOSIAH MASTERS and DAVID
THOMAS; from Maryland, LEONARD COVINGTON; and from South Carolina, LEVI
CASEY, appeared and took their seats in the House.
Another new member, to wit, EDWARD LLOYD, from Maryland, returned to
serve in this House as a member for the said State, in the room of
Joseph H. Nicholson, who has resigned his seat, appeared, produced his
credentials, was qualified, and took his seat in the House.
MONDAY, December 15.
Two other members, to wit: GEORGE CLINTON, junior, from New York, and
WILLIAM DICKSON, from Tennessee, appeared, and took their seats in the
House.
_Coast Survey._
Mr. DANA, of Connecticut.--In 1802, an act was passed, authorizing a
survey of Long Island Sound. In pursuance of that act, the Secretary of
the Treasury caused a survey to be taken by two men, who appear to have
been, what the act intended, intelligent and proper persons. And there
has since been published a chart of the Sound, handsomely executed, on
a large scale, which must, I presume, be regarded as convenient and
valuable by those concerned in that branch of navigation.
At the last session of Congress, an act was passed for another survey.
It made provision for surveying the coast of North Carolina between Cape
Hatteras and Cape Fear, with the shoals lying off or between those capes.
I understand that measures have been taken for executing this act, but
that the vessel employed in the service, and all the papers respecting
the survey which had been made, had been lost near Ocracoke Inlet, in one
of the desolating storms experienced on the coast in the course of the
present year.
The surveys, which have thus been authorized, were perhaps of the most
urgent necessity; but other surveys of the coast are desirable. What has
already been done may be regarded as introductory to a general survey of
the coasts of the United States under authority of the Government. With
a correct chart of every part of the coast, our seamen would no longer
be under the necessity of relying on the imperfect or erroneous accounts
given of our coasts by foreign navigators. I hope the lives of our
seamen, the interest of our merchants, and the benefits to the revenue,
will be regarded as affording ample compensation for making a complete
survey of the coasts of the United States at the public expense.
The information which may be obtained will also be useful in designating
portions of territorial sea to be regarded as the maritime precincts of
the United States, within which, of course, the navigation ought to be
free from the belligerent searches and seizures.
It is proposed to extend the survey to the distance of twenty leagues
from the shore. This distance is mentioned with a view to the second
article of the treaty with Great Britain in 1783, which describes our
boundaries as “comprehending all islands within twenty leagues of any
part of the shores of the United States.”
The resolution, which I propose for the consideration of the House, is
expressed in these words:
_Resolved_, That the Committee of Commerce and Manufactures be
instructed to inquire into the expediency of making provision
for a survey of the coasts of the United States, designating
the several islands, with the shoals and roads or places of
anchorage within twenty leagues of any part of the shores of
the United States.
WEDNESDAY, December 17.
Two other members, to wit: PELEG WADSWORTH, from Massachusetts, and
DANIEL C. VERPLANCK, from New York, appeared, and took their seats in the
House.
THURSDAY, December 18.
Another member, to wit, ANDREW GREGG, from Pennsylvania, appeared, and
took his seat in the House.
_Importation of Slaves._
The House again resolved itself into a Committee of the Whole, on the
bill prohibiting the importation of slaves.
Mr. BIDWELL observed, that there were strong objections against the
forfeiture of persons of color imported into the United States. As the
bill stood, the forfeiture was to be followed by a sale of these persons,
as property, as slaves. On this point there was a great diversity in
the laws and habits of the respective States; to avoid an interference
with which, it appeared to him most advisable to do away the forfeiture,
leaving their disposition to the provisions of the laws of the several
States. If this part of the section should be struck out, those laws
would operate on this point.
There would, he said, be a serious difficulty in adopting the principle
of forfeiture accompanied with a sale. In some of the States, the idea
of such a species of property was excluded by their constitutions; in
those States there could be no such thing as a slave. It was true, that
the constitutions and laws of such States did not go the length of
interfering with the laws of other States, where slavery was permitted.
If fugitives from them sought an asylum in the State of Massachusetts,
for instance, they were faithfully restored, under the provisions of the
Constitution of the United States. Neither did the laws of Massachusetts
interfere with travellers passing through it with slaves; but so
far as it respected persons coming to reside in the State, they were
manumitted, as a matter of course.[44] He believed that no contract for
their sale within the State would be of any validity; nor did he believe
any power had been given to the United States to render such sale valid.
If there were such a power, its tendency would be to introduce into
that State persons contrary to its laws. If such a sale were valid,
it would interfere with those laws; and if not valid, it would be a
perfect nullity, and the provision be thus altogether inoperative. It
was admitted that there was no probability of such an importation into
States where slavery was not allowed; yet such a thing might take place,
and Congress ought not to legislate under the idea that it would not take
place.
Mr. EARLY observed, that this motion could only be viewed as an old
thing offered in a new shape, intended to have the same effect as the
motion offered the preceding day declaring persons of color imported
into the United States free. He thought it betrayed great inconsistency.
Those who advocated it had yesterday supported an amendment which, by
declaring all such persons free, went directly to interfere with the laws
of States where slavery was permitted; to-day they gravely maintained
the inexpediency of any such interference whatever. The great difficulty
insisted upon was, that the operation of this law in States where slavery
was not permitted, would contravene the existing laws by forfeiting
the imported slaves. But this difficulty had no solidity in it--it was
altogether ideal, as from the nature of things the case of an importation
in such States could not occur; at all events, it was among the most
improbable events in nature.
Mr. BIDWELL moved to strike out all that part of the fourth section which
related to the forfeiture of negroes.
Mr. EARLY asked, what substitute was intended.
Mr. BIDWELL replied, that he should move that the committee rise, and
that the bill be recommitted.
Mr. QUINCY, of Massachusetts.--I am opposed to the motion of my
colleague, (Mr. BIDWELL,) to strike out the forfeiture. The United States
ought to retain the control of them. What is to be done with them, is
another question. But for the United States to divest the old owners
of their right, and provide no means for their protection afterwards,
appears to me cruel and dangerous. They are helpless, ignorant of our
laws, and of our language and manners. How are they to be supported?
If imported into the South, they will be slaves; if into the North,
vagabonds. My colleague ought to show what is to be done with them.
I am not prepared with a plan, but I should suppose that they might
be disposed of in service, in such States as would admit them, at the
discretion of the Secretary of the Treasury. If forfeited to the United
States, we can, by a general provision, do what we please with them. And
I have no doubt that what we do will be both prudent and humane.
Mr. D. R. WILLIAMS.--I agree with the gentleman from Massachusetts, who
spoke last, that the amendment ought not to be adopted. It is incumbent
on the gentleman who introduced it, (Mr. BIDWELL,) to tell us what is to
be done with these negroes, if they are not to be forfeited. I say, it is
his duty to inform us how they are to be disposed of. Give up the idea
of forfeiture, and I challenge the gentleman to invent fines, penalties,
or punishments of any sort, sufficient to restrain the slave trade. The
same identical persons will break this law who have broken the act of
1794. And who are these persons? They are the gentleman’s own countrymen;
they are the people of Rhode Island, who are concerned in this business.
You cannot stop the trade by penalties. I have myself seen a ship of
more than three hundred tons, the George Washington, sold for five
dollars. Nobody would bid. The gentleman over the way shakes his head; he
acknowledges the truth of my remarks on his countrymen.
Mr. BIDWELL knew nothing of the New England men being concerned in
this trade. He lived in the interior of the country, and had little
acquaintance with mercantile men. If they were concerned, he was willing
that they should be punished by fine and penalties, and to any extent;
but he was still opposed to a forfeiture of the negroes generally by a
law of Congress. The States may determine, perhaps, whether it shall be
done.
Mr. QUINCY, of Massachusetts.--I think I now understand the plan of my
colleague, (Mr. BIDWELL,) and I like it less than before. It is “to
leave them to the operation of the laws of the respective States.” This
is only another form of expression of leaving them to be slaves. It is
leaving the title of these persons according to the laws of the State
into which they are imported. Is the gentleman sure this will not be
an encouragement? It certainly will be, if the importer can find means
to evade the penalty of the act; for there he has all the advantage of
a market enhanced by our ineffectual attempt to prohibit. If he relies
upon the penalty, I have no doubt it will be evaded. Persons without
responsibility will be made captains of these ships, or other means
devised to escape the penalty, and as his property is, by this amendment,
secured to the owner, great profits will result from the traffic.
Mr. EARLY.--I did suppose that the United States would pass a law
themselves, as soon as they had the power, to prohibit the slave trade
effectually. But the gentleman from Massachusetts (Mr. BIDWELL) proposes
that Congress shall relinquish all the credit of this measure, and
resign it up to the States. This, I hope and trust, Congress will never
agree to.
If the amendment prevails, I tell you that slaves will continue to be
imported as heretofore. I tell the gentleman from Massachusetts, what
every man in the Southern States knows already, that slaves will continue
to be imported, unless you forfeit them. You cannot get hold of the ships
employed in this traffic. Besides, slaves will be brought into Georgia
from East Florida. They will be brought into the Mississippi Territory
from the bay of Mobile. You cannot inflict any other penalty, or devise
any other adequate means of prevention, than a forfeiture of the Africans
in whose possession they may be found after importation. I tell you this
is the only effectual method. I implore Congress to look seriously on
this subject. I implore them, if they do any thing, to pass a law which
will not disgrace themselves.
Mr. PITKIN, of Connecticut.--Mr. Chairman, I rise, sir, for the purpose
of making a motion, which, I trust, will supersede the one now before
the committee. It is, that the committee should rise, and that the bill
before them be referred to a select committee. Under this motion, I
presume it will be in order to state my reasons, generally, without being
confined to the question of amending the fourth section of the bill,
which is now before the committee.
As the persons thus brought into the country contrary to law, are to be
“forfeited,” they are to be proceeded with, as appears by a subsequent
section of the bill, “in the manner prescribed by the act, entitled, ‘An
act to regulate the collection of duties on imposts and tonnage.’”
What, sir, is this process? They are to be seized by the revenue officers
as goods, wares, and merchandise, imported contrary to law. They are to
be libelled in the federal courts, are to be condemned, and then sold
to the highest bidder by an officer of the court at public auction, and
one-half of the avails, at least, is to be paid into the Treasury of the
United States. This, sir, is a proposition, this is a mode of proceeding
against those persons, to which I cannot bring my mind to consent, unless
_absolute necessity_ should require it. What, sir, shall we, in a law
made for the express purpose of preventing the slave trade, declare that
these unfortunate blacks, brought into this country, not only against
their own will, but against the express provisions of the law itself,
shall be sold as slaves for the benefit of the United States, and the
price of their slavery be lodged in the public coffers? I trust not, sir;
I believe some other mode may be devised to prevent the slave trade.
While I am unwilling to give my assent to this mode of disposing of them,
I am free to confess that I feel the force of the remarks made by the
Southern gentleman, that, unless some care should be taken of them after
they are landed, the property, and perhaps the lives of those who live
in States where slavery is permitted, would be insecure. And here, sir,
I would suggest, whether, instead of selling those unfortunate beings
as slaves, provision might not be made, that they should be disposed of
for a term of years; say seven, eight, or ten years, until they should
be able to support themselves, and at the end of the term they should
be free. If Congress have power to prohibit their importation, they
certainly have power to say, that the imported shall have no right or
claim whatever in them; and also to declare what shall be their state and
condition when imported. Indeed, sir, Congress have already determined
this principle in May, 1800. They passed an act, in addition to an act,
entitled “An act to prohibit the carrying on the slave trade from the
United States, with any foreign place or country.”
Mr. EARLY.--In answer to the gentleman from Connecticut, I will
acknowledge that there is an inconsistency in this bill. But it seems
very wonderful that the gentleman has at last found it out. I offered an
amendment, a short time since, in order to obviate this inconsistency;
but, unless I am much mistaken, that very gentleman voted against it.
In the name of all the friends of this bill, I offer my most grateful
acknowledgments to the gentleman for proving, in the most incontestable
manner, the absolute necessity of that very provision in the bill which
he opposes. He has shown, most undeniably, that you must forfeit the
negroes, that you cannot possibly get at the vessel or the captain, to
operate on them. In the name of common sense, I ask you, then, what can
you find to operate on, but the negroes imported? and yet, with these
truths staring them in the face, gentlemen are opposed to the measure. I
wish the gentleman from Connecticut, from the immensity of the resources
which he has displayed on this subject, would tell us what, beside the
negroes, can be found for the law to operate upon.
I am willing that the committee rise, but not for the purpose mentioned.
The gentleman moves you to rise, and refer the bill to a select
committee; and for what? To determine the principle of the bill; not
to specify the detail. What can the select committee report? Unless
instructions are given them, they must report the same bill, and then you
will be just where you are now.
The question being taken on the committee’s rising, it was carried--ayes
72.
Mr. PITKIN hoped they would not have leave to sit again.
Mr. SLOAN.--Notwithstanding the very high respect I entertain for the
gentleman who reported this bill, I think it is easier to make an entire
new one, than to undertake to amend this, so that it will answer.
The question being taken on the committee having leave to sit again, it
was lost--ayes 45, noes 57.
The bill was then recommitted to a committee of seven, consisting of
Messrs. EARLY, T. M. RANDOLPH, KELLY, J. CAMPBELL, KENAN, COCKE, and VAN
RENSSELAER.
FRIDAY, December 19.
Another member, to wit, ABRAM TRIGG, from Virginia, appeared, and took
his seat in the House.
MONDAY, December 22.
_Manhattan Company._
Mr. CLINTON presented a petition from the President and Directors of the
Manhattan Company in New York. The petition states that the law which
directs that custom-house bonds shall be exclusively deposited in the
United States Bank, affects their interests very injuriously; that the
monthly deposits at New York amount, on an average, to $250,000. That
the merchants dealing at the Manhattan Bank, make in Manhattan notes
large payments on account of custom-house bonds into the United States
Bank, which, by means of their notes; draws largely on the Manhattan
Bank for specie; that, by these and similar means, the United States
Bank regulates the discount, and contracts the business of all the other
banking institutions in the city. That the reasons which once existed for
giving the United States Bank a preference, have since ceased, by the
sale of the public stock. But the stockholders in the United States Bank
are now almost entirely foreigners, which circumstance is favorable to
the erection of foreign influence in this country, and ought to excite
alarm.
Mr. QUINCY was personally indifferent whether the petition was referred
to the Committee of Ways and Means, but, as the subject manifestly
affected the revenue, it was proper to refer it to that committee. It was
a question very material to the revenue, whether the custom-house bonds
should be deposited in the United States Bank. The contrary supposition
implies that all banks are solid and secure.
Mr. CROWNINSHIELD conceived that the subject of the petition had no more
relation to the Committee of Ways and Means than to that of Commerce
and Manufactures, or any other standing committee of the House. Its
object was, to procure relief against an injurious monopoly, possessed
by a particular banking company. It neither proposed to give or take
away one shilling of the public money. The Committee of Ways and Means
were already pressed with a great deal of matter. Mr. C. did not wish
to trouble the House with the United States Bank, but more than sixteen
years they had enjoyed an exclusive monopoly, which has been very
injurious to all other banking institutions, as has been very properly
detailed in the petition. He meant to propose a plan for equalizing the
benefits of the deposits. This is a subject which deeply interested the
constituents of his colleague, (Mr. QUINCY.) The merchants of Boston
cannot procure any large sums except from the United States Bank, which
controls all the other banks in that town.
The SPEAKER informed Mr. CROWNINSHIELD that it was improper to speak of
any gentleman’s district.
Mr. QUINCY observed, that all subjects relating to the revenue properly
belonged to the Committee of Ways and Means. The present subject deeply
implicates the revenue, because it all depends upon being safely
deposited. His colleagues seemed to have a great fellow-feeling for the
Committee of Ways and Means, and appeared to be anxious lest they should
be pressed with too much business; but that committee had sufficient time
to consider all the business referred to them.
The question being taken on referring the petition to the Committee of
Ways and Means, it was lost--ayes 32. It was then referred to a select
committee of nine.
TUESDAY, December 23.
Another member, to wit, EDWIN GRAY, from Virginia, appeared, and took his
seat in the House.
FRIDAY, December 26.
Another member, to wit, MATTHEW CLAY, from Virginia, appeared and took
his seat in the House; and another new member, to wit, DENNIS SMELT,
from Georgia, returned to serve in this House, as a member for the said
State, in the room of Joseph Bryan, who has resigned his seat, appeared,
produced his credentials, was qualified, and took his seat in the House.
MONDAY, December 29.
Several other members, to wit, from Massachusetts, PHANUEL BISHOP; from
New York, GURDON S. MUMFORD and NATHAN WILLIAMS, from New Jersey, WILLIAM
HELMS; from Kentucky, JOHN FOWLER; and the Delegate from the Indiana
Territory, BENJAMIN PARKE, appeared, and took their seats in the House.
_Importation of Slaves._
On motion of Mr. EARLY, the House resolved itself into a Committee of the
Whole on the bill for the prohibition of the slave trade.
Mr. BIDWELL.--It appears to me that all the objections which have been
urged against the amendment under consideration, may be reduced to two.
1. That a forfeiture is necessary to deprive the importers of every
motive to introduce any slaves into the country, and thus render the
prohibition completely effectual. 2. That if the slaves are emancipated
and turned loose in the Southern States, they will be a destructive
nuisance to the people of those States. Neither of these objections is,
in my apprehension, well founded. If the motion to strike out prevails,
another amendment may be made, declaring that the importer has no
right to the slaves, which he introduces. This will be a declaration
conformable to the state of things, and in exact accordance with the laws
of nature and of nations. It is not in order to offer an amendment now,
but if the present motion prevails, I design to propose an amendment to
this effect. This will answer the purpose completely, and remove from
the importer every temptation to engage in this traffic. The idea of
forfeiture proceeds wholly on a false principle. It implies that the
importer has a right to the slaves. But an amendment like that which I
have suggested will declare the fact as it is; it will be conformable
to truth. But if the section passes as it now is, with the clause of
forfeiture retained, we recognize in our statute book a false principle,
which neither the constitution nor the laws of the United States have
ever authorized, to wit: that a property may be had in human beings. The
constitution and laws have always left the disposition of slaves to the
States, and hitherto have never recognized the principle of slavery.
But if we do not forfeit the negroes, the question is asked again and
again, with an air of triumph, what is to be done with them? For my part
I had rather strike out the section, and do nothing at all, than retain
the forfeiture. If we do nothing we shall not increase the evil. They
will then be left to the States to dispose of according to the State
laws. This will not increase the evil. I am, however, willing to agree
to any practicable mode of disposing of them. But at any rate, I am for
striking out the forfeiture, and opposed to disgracing our statute book
with a recognition of the principle of slavery.
Mr. QUINCY.--Since there is so general an agreement as to the end, I
wish it were possible we could unite more perfectly as to the means.
Those in favor of forfeiture are anxious for nothing so much as to
prohibit totally the importation of slaves. Indeed, it is for this very
reason they are in favor of it, because they assert, and to my mind
on unquestionable ground, that this is your only effectual means of
prohibition. They are also anxious that if they are brought they should
not be made slaves in their part of the country. As to their being made
free in the Southern States, that is out of the question. The policy of
those States, the first duty of self-preservation, forbid it.
The argument of my colleague is, “forfeiture implies a right, vested in
importers. Now it is disgraceful to the United States to admit such an
implication. The importer has no right. He could acquire none. These
persons are free by the law of nature--as free as any of us. The African
prince who sold them was a usurper. The purchasers in Africa were
trespassers against the law of nature. They cannot acquire any right of
property in these persons, and it is shameful for the United States,
by forfeiture, to admit it.” Sir, the conclusions of the gentleman are
perfectly correct--his principles are solid. No man in this House denies
either. Refer this question between the African prince and his subjects,
and between the African and his importer, to five hundred juries in
New England, and five hundred times a verdict would coincide with
the principles and reasonings of my colleague. But the misfortune is,
that, notwithstanding all these true and unquestionable principles, the
African prince, at this day, does, and, after our law passes, will sell
his subjects. To all practical purposes, a title is acquired in them,
and they are passed, like other property, from one to another, in their
native country. But this is not the worst. A title in this description of
persons is not only allowed in Africa, but is, and must be, after your
law passes, in a large section of your own country. The gentlemen from
that part of the United States tell you that they cannot be allowed to be
free among them. The first law, self-preservation, forbids it.
Now this is that real, practical state of things to which I invite
gentlemen to look, and on which they ought to legislate.