Chapter XVIII: Front Matter (18)

It has not been my object in making this inquiry, to learn in what deep sharper’s brain this scheme was first engendered, which of the associates stood most prominent in the development and execution of it, how the price paid for the flagrant treason against posterity was apportioned, or how the spoil obtained by such a stupendous larceny, committed upon the inheritance of the unborn, was divided. I have not desired to know, and it would be unimportant to the House to be informed, which of the associates had no moral sense at all, whose conscience was subdued by his avarice, or who, unthinkingly, gave the control of it into the hands of his friend. I desire not to see any name consigned to infamy; of those which have come to my knowledge, one or two I yet respect; the remainder have not more distinct images annexed to them, in my mind, than those of the men who conceived and executed the South Sea cheat in England, or the Mississippi fraud in France. But, from the investigation I have made, I have learned, as certainly as the actions of men can be known to others than the actual beholders of them, that the Legislature of Georgia, which commenced its session in the autumn of 1794, was assailed by every possible artifice of seduction, to procure from it the act of 7th January, 1795, which constituted what has since been impudently called the Yazoo contract. That it yielded to those artifices, and a considerable majority of its members became treacherous to their constituents, and deaf to the voice of their honor. That bribes were daringly offered and unblushingly received for votes in favor of the land. That the property of the State of Georgia, to the amount of forty millions of dollars, at the most reasonable estimate, was sold by those trustees of the people of Georgia for one half million, and purchased by the sellers themselves in combination with certain abject worshippers of gold, who had artfully infused into them their blind fanaticism. That another offer of four-fifths of a million, made by other men at the same time, was rejected, because the Legislature itself was concerned in the first. That the Chief Magistrate of the State, after one feeble effort of resistance, and a declaration which ought to have bound him to an obstinate opposition, with a conduct which, to my mind, manifests a thorough knowledge of the corrupt views of the Legislature, as well as a want of energy to defeat them, yielded to the impulse, and ratified the fraudulent sale. That the moment his irresolute hand gave the illusive sanction to the vain and ineffectual deed, this ravenous pack of speculators, keen with the hunger of avarice, unkennelled and scoured the whole peopled territory of the Union in quest of their appropriate game--the simple, the credulous, and those who are hoodwinked by the excess of their own cupidity. The most voracious of them sought the great cities, where numbers of the thirsty sons of gain became their prey, while numbers more joined in the promising chase, led the way to the victims, and fattened on their spoil. Many, more fell in their nature, though less keen in their appetites for gold, traversed the tranquil country of New England, scenting the homely purses which hung in the smoky corner of peaceful cottages, into which the solitary dollar had been dropped with religious punctuality every week, perhaps every month only, by the hand of the provident father, from the time when the first birth under his roof gladdened his heart. Great numbers of these receptacles of hard-earned gain, with all their rusty treasure, the fruit of long continued industry and frugality, destined to ensure to many of the rising race the innocent joys of a life of wholesome exertion in their own fields, were devoured by them, and that happy destiny in a moment changed for a short period of certain pain, and, too probable, vice, in the moving prisons of the ocean.

The promulgation of the law produced one general murmur of indignation throughout the State of Georgia. The crime committed by the Representatives of the people was strongly denounced by the grand juries of all the succeeding courts. An assembly of special Representatives, which had been summoned for constitutional purposes, meeting in the succeeding spring, was addressed by all the counties of the State, and by nearly the whole people of it, with memorials, remonstrances, and petitions, according to the different degrees of excitement, all setting forth in strong terms the nefarious act; complaining with bitterness of the perfidy of the Legislature, requiring, urging, and imploring the convention to proclaim the fact, and annul the fraudulent sale. No laborious investigation into the huge and naked scheme of speculation, no troublesome search after testimony to expose the framer of it was necessary. Nothing was requisite but to receive, condense, and record the decisive evidence voluntarily offered from all quarters. But this legitimate and easy task the convention, naturally enough, thought fit to decline, as many of its members were themselves openly concerned, and many more secretly interested in the purchase. The pack of speculators were then in full cry, the game were falling abundantly into their jaws; it could scarcely be expected that those who had contributed so much to set this chase on foot, who expected to share so largely in its profits, should sound the horn of alarm to the objects of it. It quickly occurred to a majority of this body, that a reference of these addresses to the Legislature of the next year, would not only give time for the continuance of the chase, but might be productive of something like safety in the after possession of the spoils of it; while it promised to afford some shield against the popular discontent and indignation which a total neglect, so desirable to themselves, must inevitably have brought on them. Notwithstanding, before midsummer of the same year, the fraudulency and consequently invalidity of the sale must have been unequivocally known throughout the Union, by the ferment in the State of Georgia. Early in the succeeding year all the records of State relative to this transaction were burned, and all recorded evidences of private contracts which had arisen out of the land were cancelled, destroyed, and forbidden to be renewed or afterwards admitted in the courts by the Legislature acting under the authority to consider the matter, and of course the power to redress the complaint of the petitions, which had been given to it by the convention, and also under the express injunction of the people themselves, laid on the individual members of that body at the elections. But the speed of the sharpers had outstripped the slow step of the State. They had, in a great measure, executed their swindling scheme; a number of their dupes were already, instead of amusing their own credulity, insincerely, and I will say, insolently, accusing the perfidy of Georgia.

The question was then taken by yeas and nays on the postponement, until the first Monday of December, of the following resolution:

“_Resolved_, That the Legislature of the State of Georgia were,
at no time, invested with the power of alienating the right of
soil possessed by the good people of that State, in and to the
vacant territory of the same, but in a rightful manner, and for
the public good:”

And passed in the negative--yeas 51, nays 52.

So much of the said original motion as is contained in the second clause thereof, being again read, in the words following, to wit:

“That, when the Governors of any people shall have betrayed the confidence reposed in them, and shall have exercised that authority with which they have been clothed for the general welfare, to promote their own private ends, under the basest motives, and to the public detriment, it is the inalienable right of a people, so circumstanced, to revoke the authority thus abused, to resume the rights thus attempted to be bartered, and to abrogate the act thus endeavoring to betray them:”

The question was taken that the House do agree to the motion for postponement of the said second clause of the original motion; and resolved in the affirmative--yeas 52, nays 50.

So much of the said original motion as is contained in the third clause thereof, being twice read, in the words following, to wit:

“That it is in evidence to this House, that the act of the
Legislature of Georgia, passed on the seventh of January, 1795,
entitled ‘An act for appropriating a part of the unlocated
territory of this State, for the payment of the State troops,
and for other purposes,’ was passed by persons under the
influence of gross and palpable corruption practised by
the grantees of the lands attempted to be alienated by the
aforesaid act, tending to enrich and aggrandize, to a degree
almost incalculable, a few individuals, and ruinous to the
public interest:”

The question was taken that the House do agree to the motion for postponement of the said third clause of the original motion; and resolved in the affirmative--yeas 54, nays 49.

So much of the said original motion as is contained in the fourth, fifth, sixth, and seventh clauses thereof, being again read, in the words following, to wit:

“That the good people of Georgia, impressed with general
indignation at this act of atrocious perfidy and of
unparalleled corruption, with a promptitude of decision highly
honorable to their character, did, by the act of a subsequent
Legislature, passed on the thirteenth of February, 1796, under
circumstances of peculiar solemnity, and finally sanctioned
by the people, who have subsequently ingrafted it on their
constitution, declare the preceding act, and the grants made
under it, in themselves null and void; that the said act should
be expunged from the records of the State, and be publicly
burnt, which was accordingly done; provision at the same time
being made for restoring the pretended purchase-money to the
grantees, by whom, or by persons claiming under them, the
greater part of the said purchase-money has been withdrawn from
the treasury of Georgia.”

“That a subsequent Legislature of an individual State has an
undoubted right to repeal any act of a preceding Legislature;
provided such repeal be not forbidden by the constitution of
such State, or of the United States.”

“That the aforesaid act of the State of Georgia, passed on the thirteenth of February, 1796, was forbidden neither by the constitution of that State, nor by that of the United States.”

“That the claims of persons derived under the aforesaid act of the seventh of January, 1795, are recognized neither by any compact between the United States and the State of Georgia, nor any act of the Federal Government.”

The question was taken that the House do agree to the motion for postponement of the said fourth, fifth, sixth, and seventh clauses of the original motion; and resolved in the affirmative--yeas 53, nays 50.

And then the residue of the said original motion, contained in the eighth and last clause thereof, being twice read, in the following words, to wit:

“_Therefore, Resolved._ That no part of the five millions
of acres reserved for satisfying and quieting claims to
lands ceded by the State of Georgia to the United States,
and appropriated by the act of Congress passed at their last
session, shall be appropriated to quiet or compensate any
claims derived under any act, or pretended act of the State of
Georgia, passed, or alleged to be passed, during the year 1795:”

The question was taken that the House do agree to the motion for postponement of the said residue of the original motion; and resolved in the affirmative--yeas 54, nays 51, as follows:

YEAS.--Willis Alston, jun., Simeon Baldwin, Silas Betton, Phanuel Bishop, John Campbell, William Chamberlin, Martin Chittenden, Clifton Claggett, Jacob Crowninshield, Manasseh Cutler, Richard Cutts, Samuel W. Dana, John Davenport, John Dawson, William Dickson, Thomas Dwight, James Elliot, Ebenezer Elmer, William Eustis, William Findlay, John Fowler, Andrew Gregg, Gaylord Griswold, Roger Griswold, Seth Hastings, William Helms, David Hough, Benjamin Huger, Nehemiah Knight, Henry W. Livingston, Thomas Lowndes, Matthew Lyon, Nahum Mitchell, Samuel L. Mitchill, Jeremiah Morrow, Joseph H. Nicholson, Thomas Plater, Erastus Root, Tompson J. Skinner, John Smilie, John Cotton Smith, Joseph Stanton, William Stedman, James Stephenson, Samuel Taggart, Samuel Tenney, Samuel Thatcher, David Thomas, Killian K. Van Rensselaer, Joseph B. Varnum, Daniel C. Verplanck, Peleg Wadsworth, Lemuel Williams, and Marmaduke Williams.

NAYS.--Isaac Anderson, David Bard, George Michael Bedinger, William Blackledge, Adam Boyd, Robert Brown, Joseph Bryan, William Butler, Levi Casey, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, John B. Earle, James Gillespie, Peterson Goodwyn, Thomas Griffin, Samuel Hammond, John A. Hanna, Josiah Hasbrouck, James Holland, William Kennedy, Michael Leib, Joseph Lewis, jun., Andrew McCord, David Meriwether, Andrew Moore, Nicholas R. Moore, Anthony New, Thomas Newton, jun., Gideon Olin, Beriah Palmer, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Cæsar A. Rodney, Thomas Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John Smith of Virginia, Henry Southard, Richard Stanford, John Stewart, Philip R. Thompson, Abram Trigg, Isaac Van Horne, Matthew Walton, Richard Wynn, and Joseph Winston.[10]

WEDNESDAY, March 14.

_Government of Louisiana._

The House went into a Committee of the Whole on the bill from the Senate, providing for the government of Louisiana.

Mr. SLOAN moved an amendment, inhibiting the admission of slaves into Louisiana, as well from the United States as from foreign places.

Mr. S. concisely stated his reasons in favor of this provision, when the question was taken, and the amendment agreed to--ayes 40, noes 36. Mr. G. W. CAMPBELL proposed an amendment, withholding from the parties to a civil suit the right of waiving a jury trial. The bill provides a jury trial in all cases in which either party shall require it.

This amendment, after being supported by Mr. G. W. CAMPBELL, and opposed by Messrs. HOLLAND, SOUTHARD, and DANA, was negatived--ayes 12.

Mr. G. W. CAMPBELL moved to strike out that part of the bill which renders every person settling on lands of the United States liable to a fine of one thousand dollars, and to one year’s imprisonment.

This produced a debate of some length and more animation, in which the motion to strike out was urged by Messrs. G. W. CAMPBELL, LYON, and CLAIBORNE; and opposed by Messrs. GREGG, NICHOLSON, BOYD, SMILIE, MACON, SLOAN, and HOLLAND.

The question was taken, and the amendment was negatived--ayes 23.

SATURDAY, March 17.

_Government of Louisiana._

The bill erecting Louisiana into two Territories, and providing for the temporary government thereof, was read the third time.

Mr. DAWSON moved a recommitment of the bill for amendment.

Mr. ALSTON was against a general recommitment of the bill, but friendly to a recommitment for the purpose of limiting its duration.

Messrs. NICHOLSON, SMILIE, EARLY, and S. N. MITCHILL, opposed the recommitment.

Mr. BEDINGER advocated the recommitment.

The motion to recommit was then negatived--ayes 39, noes 43.

Mr. ALSTON said, if there was no objection, he would move the insertion of a clause to limit the period of the bill, on account principally of the great powers conferred on the Executive.

This motion being objected to, by Mr. LYON, was declared out of order.

The question was then put on the passage of the bill.

Messrs. LYON, SLOAN, JACKSON, and BEDINGER opposed, and Mr. SMILIE supported its passage.

Mr. VARNUM moved to recommit, for amendment, that part of the bill that vests equity powers in the courts of Louisiana.

Motion negatived--ayes 39, noes 44.

A motion was made to recommit the fourth section, which was lost--ayes 15.

Mr. BEDINGER moved to recommit the last section for the purpose of obtaining a limitation to the act.

Motion carried--ayes 52.

The House went into a Committee of the Whole on the last section,

When Mr. NICHOLSON moved an amendment limiting the act to two years, and to the end of the next session thereafter.

Mr. BEDINGER said, he would like its limitation to one year better, but would, if it were the sense of the House, be satisfied with two years.

Mr. NICHOLSON’s motion was agreed to without a division.

The House agreed to the amendment; when the final question was put on the passage of the bill, and carried in the affirmative by yeas and nays--yeas 66, nays 21, as follows:

YEAS.--Willis Alston, junior, Isaac Anderson, David Bard,
George Michael Bedinger, Walter Bowie, Adam Boyd, John Boyle,
Robert Brown, Levi Casey, Thomas Claiborne, Joseph Clay,
Frederick Conrad, Jacob Crowninshield, Richard Cutts, William
Dickson, John B. Earle, Peter Early, Ebenezer Elmer, William
Eustis, William Findlay, James Gillespie, John A. Hanna,
Josiah Hasbrouck, Joseph Heister, William Hoge, James Holland,
Benjamin Huger, Walter Jones, William Kennedy, Nehemiah
Knight, Michael Leib, Andrew McCord, William McCreery, David
Meriwether, Samuel L. Mitchill, Andrew Moore, Nicholas R.
Moore, Thomas Moore, Jeremiah Morrow, Anthony New, Thomas
Newton, junior, Joseph H. Nicholson, Gideon Olin, Beriah
Palmer, Thomas M. Randolph, John Rea of Pennsylvania, John Rhea
of Tennessee, Jacob Richards, Erastus Root, Thomas Sammons,
Thomas Sandford, Ebenezer Seaver, Tompson J. Skinner, John
Smilie, John Smith of Virginia, Richard Stanford, John Stewart,
David Thomas, Philip R. Thompson, Abram Trigg, John Trigg,
Philip Van Cortlandt, Isaac Van Horne, Marmaduke Williams,
Richard Wynn, and Joseph Winston.

NAYS.--John Archer, Silas Betton, Martin Chittenden, Clifton
Claggett, Matthew Clay, John Clopton, Samuel W. Dana, John
Davenport, John Dawson, James Elliot, Gaylord Griswold, Roger
Griswold, Seth Hastings, John G. Jackson, Henry W. Livingston,
Matthew Lyon, Thomas Plater, James Sloan, John C. Smith, Samuel
Tenney, and Lemuel Williams.[11]

WEDNESDAY, March 21.

_Tripolitan War and Mediterranean Fund._

Mr. NICHOLSON, from the Committee of Ways and Means, presented a bill further to protect the commerce and seamen of the United States against the Barbary Powers.

[The bill provides that an additional duty of two and a half per centum be laid upon all imported goods at present charged with a duty ad valorem, and an additional duty of ten per cent. on all such duties payable on goods imported in foreign vessels. The proceeds of these duties are to constitute a fund to be called the Mediterranean fund. The duties to cease within three months after a peace with Tripoli, in case the United States are not engaged in war with some other of the Barbary Powers, in which case they are to cease within three months after a peace with such powers. The President is authorized to cause to be purchased or built two vessels of war, to carry sixteen guns each, and as many gunboats as he may think proper. One million of dollars, additional to the sum heretofore appropriated, is placed under the direction of the President for the naval service, which sum he is authorized to borrow at a rate of interest not exceeding six per cent.]

Mr. NICHOLSON moved that this bill should be made the order for this day.

Mr. R. GRISWOLD moved to-morrow.

The question on “to-morrow” was lost--yeas 33, nays 50, when Mr. NICHOLSON’s motion prevailed.

_Duties on Imports._

The bill laying more specific duties on certain articles, and imposing light-money on foreign vessels entering the ports of the United States, was read the third time.

Mr. HUGER moved its postponement to the first Monday of December, under the impression that its merits, and the principles it contained, had not received that full and deliberate examination to which they were entitled.

Mr. J. CLAY observed that a postponement would be virtually a rejection of the bill.

Mr. MITCHILL concisely advocated the principles of the bill.

Mr. BLACKLEDGE also defended it.

Mr. R. GRISWOLD opposed it, principally on the ground that it increased the existing rate of duties.

Mr. J. CLAY replied, and allowed that the duties imposed by the bill would produce more revenue than that heretofore received, but contended that this would arise from the fraudulent practice heretofore in use of making out invoices of articles subject at present to ad valorem duties. In removing this evil, the necessary effect would be an increase of revenue, not exceeding, however, the probable receipt in case the invoices were fairly made out.

Mr. HUGER followed, in a speech of considerable length, in which he contended that the operation of the bill would be to promote the manufactures of the Eastern and Middle States, to the great detriment of the Southern States. Principally, though not entirely on this ground, he declared himself hostile to the bill.

After a few remarks from Mr. BOYD in defence, and of Mr. CLAIBORNE against the bill, the question of postponement was taken by yeas and nays, and lost--yeas 40, nays 68.

Mr. KENNEDY moved a recommitment of the motion imposing a specific duty on printed calicoes and lime.

Motion rejected--yeas 34.

The question was then taken on the passage of the bill, and carried in the affirmative by yeas and nays--yeas 65, nays 41.[12]

THURSDAY, March 22.

_Protection against the Barbary Powers._

The House resolved itself into a Committee of the Whole on the bill further to protect the commerce and seamen of the United States against the Barbary Powers.

Mr. GRISWOLD moved to strike out the first section, which is as follows:

“_Be it enacted, by the Senate and House of Representatives of
the United States of America in Congress assembled_, That, for
the purpose of defraying the expenses of equipping, officering,
manning, and employing such of the armed vessels of the United
States, as may be deemed requisite by the President of the
United States, for protecting the commerce and seamen thereof,
and for carrying on warlike operations against the Regency of
Tripoli, or any other of the Barbary Powers, which may commit
hostilities against the United States, and for the purpose also
of defraying any other expenses incidental to the intercourse
with the Barbary Powers, or which are authorized by this act,
a duty of two and a half per centum ad valorem, in addition
to the duties now imposed by law, shall be laid, levied, and
collected upon all goods, wares, and merchandise, paying a
duty ad valorem, which shall, after the thirtieth day of June
next, be imported into the United States from any foreign port
or place; and an addition of ten per centum shall be made to
the said additional duty in respect to all goods, wares, and
merchandise, imported in ships or vessels not of the United
States, and the duties imposed by this act shall be levied and
collected in the same manner, and under the same regulations
and allowances, as to drawbacks, mode of security, and time of
payment, respectively, as are already prescribed by law, in
relation to the duties now in force on the articles on which
the said additional duty is laid by this act.”

Mr. G. said, that it was much to be regretted that gentlemen had thought proper, upon this occasion, to connect with the great and ostensible object of the bill, any provisions which should produce a disunion in the House. The unfortunate event in the Mediterranean called loudly for vigorous and decisive measures, and he trusted there would not exist on the floor a difference of opinion on that point. For himself, he was disposed to clothe the President with all the power, and to furnish him with all the means which were necessary to bring the war with Tripoli to a successful and speedy termination. And when this was done, to make him, as he ought to be, responsible for the event.

It is always improper, said Mr. G., to connect in the same bill two subjects which are in their natures distinct; and much more improper upon this occasion, to tack to the provisions for the Mediterranean service, upon which there could be no difference of opinion, a new tax, in respect to which gentlemen could not agree.

The first section of the bill, which he had moved to strike out, imposed a new tax of two and a half per centum ad valorem on all goods now liable by law to an ad valorem duty. Goods paying at this time an ad valorem duty were divided into three classes--the first class was liable to a duty of twelve and a half per cent.; the second, to a duty of fifteen per cent.; and the third, to a duty of twenty per cent.

The addition of two and a half per cent. now proposed, would increase the duties to fifteen, seventeen and a half, and twenty-two and a half per cent., when the goods were imported in American bottoms; and if they were imported in foreign bottoms, the duties would be further increased by the addition of ten per cent.

This view of the import, said Mr. G., will satisfy gentlemen that the duties are already high, and that the proposed addition will render them enormous. This step, therefore, ought not to be hazarded, unless the necessities of the Government are absolutely imperious, and no other means can be resorted to for obtaining the money.

The proposed tax, if fairly collected, would produce at least $750,000 per annum. This result might be seen from a view of the imports into the United States of goods now liable to an ad valorem duty. From the last official report, it appeared that the importation of goods of that description, amounted in that year to about forty millions of dollars--the two and a half per cent. on the whole sum would, of course, produce one million, but, allowing for the drawback of duties on goods exported, the net revenue could not be less than $750,000. Why, then, impose a tax of seven hundred and fifty thousand dollars to meet an expenditure which will not probably exceed four or five hundred thousand dollars?

Mr. NICHOLSON.--We are now about to authorize a greater expense than usual, and the Legislature are called upon to provide means for its discharge. For one, said Mr. N., I can never consent to add to the public debt, while the resources of the country are adequate to its wants. These are my ideas; and I feel somewhat surprised at the calculation of the gentleman from Connecticut, on the expense about to be incurred. He estimates this expense at $388,000; though yesterday when this subject was laid before the Committee of Ways and Means, and it was contemplated to provide $750,000, he moved to strike out $750,000, and insert $1,000,000. And yet he now tells us that only $388,000 are required. As to the specie in the Treasury, the gentleman states that on the 1st of October there were $5,000,000. But with what disbursements is this chargeable? Out of it there are to be paid American citizens for French spoliations the sum of $3,750,000 in cash, which must remain in the Treasury, that just claims may be paid as soon as presented. Under the British Convention there is to be paid $800,000; and there is likewise to be paid the interest on Louisiana stock, amounting to $685,000; the aggregate of which sums is $5,235,000. Not having made this calculation until the gentleman made his observation, it is possible it may not be perfectly correct.

When the loss of the Philadelphia was announced, my first inquiry of the Secretary of the Treasury was what money could be spared from the Treasury for the prosecution of vigorous measures. His answer was, that the greatest sum which could be spared would not exceed $150,000. I did not, like the gentleman, go to the clerks or to the navy yard; but I got the best information I could.

The gentleman from Connecticut, who appears willing to incur an expense of a million of dollars, while he is unwilling to provide the means of meeting it, objects to the mode of raising revenue proposed by the Committee of Ways and Means, without proposing any other. He objects to the laying additional duties on imported goods. In his remarks he has made an erroneous statement of the quantity of goods on which ad valorem duties are paid. His error has arisen from not deducting the amount of drawbacks. By an official statement made this session, it will be found that during the year 1802, goods paying ad valorem duties were as follows:

_Rate._ _Amount._ _Duty._
12½ per cent. $23,377,717 $2,922,214
15 ” 7,888,614 1,183,292
20 ” 439,830 87,966
----------- ----------
Amounting to $34,706,161 $4,193,472

The average duty on goods charged ad valorem is about thirteen and a half per cent. Let us consider the duties paid by other articles. The gentleman says in laying duties there is a point beyond which we cannot go in safety on account of the temptation to smuggling. This is true. But of all goods imported those chargeable with ad valorem duties are the most difficult to smuggle. The invoices are made out in the country from which they are imported. These must be authenticated, and presented at the custom-house and sworn to. If the collector has any reason to suspect that there are goods on board of a vessel, not in the entry, he is to make a thorough examination of the vessel. If he sees a bale in which he suspects there are goods not stated in the invoice, it is in his power to have it examined. I believe there is but little smuggling at this time; but that the articles on which there is most smuggling are rum and coffee. If the gentleman allows that the duty on articles charged specifically is not so high as to encourage smuggling to any great or dangerous extent, he will allow the same in the case of articles charged ad valorem. The great articles from which revenue is obtained, are

Spirits, which pay an average duty of twenty-nine and two-tenth cents, and which produce $2,253,496, and cost the importer from twenty-five to fifty cents per gallon. Spirits which pay twenty-five cents a gallon do not cost the importer more than fifty cents, and consequently pay a duty of fifty per cent. on the price of the article. Spirits of the third proof pay twenty-eight cents, and do not cost more than fifty-six cents a gallon, which is equal to a duty of fifty per cent. So with spirits of higher proof. From this article is derived more than a fifth of our revenue, and yet I never heard the amount of the duty complained of, until a few days since a petition was presented from the merchants of Connecticut. It is certain that Congress have never considered it so high as to encourage smuggling.

Of imported sugars 39,443,814 lbs. are consumed within the United States, which pay, on an average, a duty of two and a half cents per pound. The price of brown sugar to the importer is about five or six dollars the hundred. The duty is therefore between forty-five and fifty per cent. Is this duty considered so high as to encourage smuggling? If not, shall gentlemen complain when we are about to lay an additional duty of two and a half per cent. upon articles now chargeable with duties of from twelve and a half to twenty per cent.?

Of salt there is consumed 3,244,309 bushels in the United States. It pays a duty of twenty cents a bushel. In many instances this is equal to the first cost; and amounts therefore to one hundred per cent.

The consumption of wines amounts to 1,912,274 gallons, and the average duty is thirty-three cents. The duty on Madeira wine is fifty-eight cents, and it costs the importer one dollar and twenty-five cents. The duty therefore amounts to near fifty per cent. If the cost be taken at one dollar and fifty cents, the duty will be thirty-three and a third per cent. And yet it is not complained that it encourages smuggling.

The greater part of goods charged ad valorem are woollens, linens, manufactures of steel, brass, and articles of a similar kind, and muslins. In a muslin gown the additional duty will make a difference of about five cents. India muslins cost about fifteen cents a yard, and English about twenty-five cents. The additional duty will therefore be about three-eighths of a cent on India, and about three-fourths of a cent on English muslins. This I consider a burden which no one can feel. The additional duty on linens will be equally unfelt. In a bale of osnaburgs, which costs twenty cents, the additional duty on a hundred yards will not exceed fifty cents. So as to Irish linens and woollens. The difference in a coarse suit of clothes for a common man will not be more than twenty-five cents, and that of a better kind will not exceed one dollar and twenty-five cents. I am surprised, after taking this view of the operation of the proposed duty, that gentlemen should dwell upon the great burden it will impose, when it can, in truth, scarcely be felt by the poorest man in the country. It is indeed of no consideration but on account of the money raised by it, which I have estimated at about $750,000.

The gentleman from Connecticut thinks he has discovered in the second section a design that is not avowed, to wit: to liberate the present resources from their application to the support of the Navy. I wonder, however, that the gentleman, before he made this unguarded remark, did not read the section through. He would then have seen that the fund established by this act is to exist no longer than three months after the discontinuance of war in the Mediterranean. Nor is it true that the whole expenses of the Navy are in the Mediterranean. It is true, that at this time they are principally there. But there is likewise considerable expense incurred here in the navy yard on the ships, and on the half-pay of officers not in actual service. Whence the gentleman deduces the inference, when the bill itself declares that the new duties shall cease three months after the end of the war, I am altogether at a loss to comprehend. The duties are to cease with the occasion which produced them. When we shall no longer be at war, the war duties will be at an end.

Mr. DANA.--The gentleman from Maryland must surely have committed a mistake, when he said that there is no measure proposed on his side of the House which does not meet with opposition. When the President considered vigorous measures necessary against the Emperor of Morocco, the Journal will show that we entered into them unanimously. Nor is the objection now urged in any way an objection to the general measure contemplated. The only objection is to the imposition of unnecessary taxes. If the force necessary to be sent into the Mediterranean will not exceed an expense of $380,000, the necessity of the imposition of the proposed taxes surely does not exist. I admit that, after the force is raised, the President, in virtue of his authority as commander-in-chief, is to have its whole direction; but it is perfectly novel to me to learn that we are not previously to be informed of the extent to which it is proposed to carry it. If to the present number of vessels in service we add two frigates and five smaller vessels, they will require only an additional appropriation of $354,000. This, I believe, is the full extent of the additional force contemplated. As to raising money to that amount, I make no objection. Though I dislike laying duties thus in gross, yet I do not know that there can be any great objection to it. The sum proposed to be raised will give $750,000, which is more than double the sum necessary.

Is it proper thus to raise these duties, and hold forth to the nation that the commerce of the Mediterranean is so expensive? The late disaster in the Mediterranean is not of itself an adequate cause for the measure. I object to this measure, because it goes to give an improper impression of the causes of the bill.

Mr. NICHOLSON said, the gentleman from Connecticut seemed to consider the object too general; he would, in case the committee refused to strike out the first section, move to limit the application of the fund “to protect the commerce and seamen of the United States in the Mediterranean.”

The question was then taken on striking out the first section, and passed in the negative--ayes 26.

Mr. N. then offered the amendment just stated.

Mr. EUSTIS hoped the gentleman from Maryland would withdraw his amendment, as in a subsequent part of the bill the object is distinctly specified. It is altogether unnecessary; and if agreed to, it will be necessary to add, “or adjacent seas.”

Mr. NICHOLSON said, he considered the amendment as unnecessary; but as he had promised to make it, he could not withdraw it.

Mr. J. RANDOLPH said he would suggest one reason why it ought not to obtain. One of the Barbary Powers possessed a coast out of the Mediterranean. If the misfortune of the United States should dispose this power, (Morocco,) already predisposed to hostility, to war upon the United States, it would not be in our power to block up the port of Sallee, and several other ports out of the Mediterranean.

The question was taken on the amendment, which was lost without a division.

The committee then rose and reported the bill without amendment.

The House immediately took it up--when Mr. R. GRISWOLD renewed his motion to strike out the first section.

The question on striking out the first section was taken by yeas and nays--yeas 28, nays 77.

FRIDAY, March 23.

_District of Columbia._

Mr. DAWSON moved that the House should resolve itself into a Committee of the Whole on the resolutions offered by him, for the recession of the District of Columbia.

Mr. HUGER said this point had been fully and ably investigated the last session. He did not expect, after the decision then made, that the House would have been again called upon to discuss it. He believed the mind of every member was made up respecting it. He hoped, therefore, the House would not agree to go into committee.

Mr. J. LEWIS said he should vote against the House resolving itself into a Committee of the Whole, and should that motion be negatived, he would move to discharge the Committee of the Whole from all further consideration of the resolutions. The question was taken on going into committee, and lost--yeas 20.

Mr. J. LEWIS then moved to discharge the committee. This motion was carried without debate--yeas 53, embracing a great majority of the members present.

MONDAY, March 26.

_Impeachment of Judge Chase._

Mr. JOHN RANDOLPH, from the committee appointed on the thirteenth instant, to prepare and report articles of impeachment against Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, made a report thereon, which was read.

_Ordered_, That the said report be printed for the use of the members of both Houses; and that the Clerk of this House be directed to transmit to each of the members of the two Houses of Congress, a copy of the said report, as soon as the same shall be printed.

_Ordered_, That there be a call of the House to-morrow morning at eleven o’clock.

The House adjourned until four o’clock, post meridian.

_Four o’clock, p. m._

A message from the Senate informed the House that the Senate have passed a resolution, that the resolution of the two Houses authorizing the President of the Senate and Speaker of the House of Representatives to adjourn their respective Houses on this day, be rescinded; and that the said President and Speaker of the House of Representatives be authorized to close the present session, by adjourning their respective Houses on Tuesday, the 27th of this month; to which they desire the concurrence of this House. The Senate adhere to their amendment, disagreed to by this House, to the bill, entitled “An act supplementary to the act, entitled ‘An act providing for a Naval Peace Establishment, and for other purposes.’”

The House proceeded to consider the resolution of the Senate to rescind the resolution of both Houses, of the thirteenth instant, for an adjournment of the two Houses of Congress, on this day; and authorizing the President of the Senate and Speaker of the House of Representatives, to close the present session, by adjourning their respective Houses on Tuesday the 27th of the present month: whereupon,

_Resolved_, That this House doth agree to the said resolution of the Senate--yeas 49, nays 44.

The House proceeded to reconsider the amendment disagreed to by this House, and adhered to by the Senate, to the bill, entitled “An act supplementary to the act, entitled ‘An act providing for a Naval Peace Establishment, and for other purposes,’” whereupon,

_Resolved_, That this House doth recede from their disagreement to the said amendment.

TUESDAY, March 27.

_Specific Duties._

A message from the Senate informed the House that the Senate have passed the bill, entitled “An act for imposing more specific duties on the importation of certain articles, with amendments, and also for levying and collecting light-money on foreign ships or vessels.”

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled “An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light-money on foreign ships or vessels,” whereupon,

_Resolved_, That this House doth agree to the said amendments.

_Half-past four o’clock, p. m._

Mr. JOHN RANDOLPH, from the committee appointed on the part of this House, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States and notify him of the proposed recess of Congress, reported that the committee had performed that service; and that the President signified to them he had no farther communication to make during the present session.

_Ordered_, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now about to adjourn until the first Monday in November next; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that the Senate, having completed the Legislative business before them, are now ready to adjourn. Whereupon the SPEAKER adjourned the House until the first Monday in November next.

EIGHTH CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, NOVEMBER 5, 1804.

PROCEEDINGS IN THE SENATE.

MONDAY, November 5, 1804.

The second session of the Eighth Congress, conformably to the act passed at the last session, entitled, “An act altering the time for the next meeting of Congress,” commenced this day; and the Senate assembled at the City of Washington.

PRESENT:

AARON BURR, Vice President of the United States and President of the Senate.

SIMEON OLCOTT and WILLIAM PLUMER, from New Hampshire.

JOHN QUINCY ADAMS, from Massachusetts.

URIAH TRACY, from Connecticut.

CHRISTOPHER ELLERY, from Rhode Island.

STEPHEN R. BRADLEY and ISRAEL SMITH, from Vermont.

JOHN CONDIT, from New Jersey.

SAMUEL WHITE, from Delaware.

SAMUEL SMITH, from Maryland.

ABRAHAM BALDWIN, from Georgia; and

THOMAS WORTHINGTON, from Ohio.

WILLIAM B. GILES, appointed a Senator by the Executive of the Commonwealth of Virginia, in place of Abraham B. Venable, resigned, took his seat, and his credentials were read.

The VICE PRESIDENT gave notice that he had received a letter from WILLIAM HILL WELLS, a Senator from the State of Delaware, resigning his seat in the Senate.

The number of Senators present not being sufficient to constitute a quorum, the Senate adjourned.

TUESDAY, November 6.

JESSE FRANKLIN, from the State of North Carolina, GEORGE LOGAN, from the State of Pennsylvania, and TIMOTHY PICKERING, from the State of Massachusetts, severally attended.

ANDREW MOORE, appointed a Senator by the Executive of the Commonwealth of Virginia, in place of Wilson C. Nicholas, resigned, took his seat, and his credentials were read.

The PRESIDENT administered the oath to Mr. GILES and Mr. MOORE, as the law prescribes.

_Ordered_--That the PRESIDENT be requested to notify the Executive of the State of Delaware of the resignation of Mr. Wells.

No quorum being present, the Senate adjourned.

WEDNESDAY, November 7.

ROBERT WRIGHT, from the State of Maryland, attended.

_Ordered_, That the Secretary notify the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business.

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled and ready to proceed to business. The House of Representatives have appointed a committee on their part, jointly, with such committee as the Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled and ready to receive any communications that he may be pleased to make to them. The House of Representatives have also passed a resolution that two chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly; in which several resolutions they desire the concurrence of the Senate.

The Senate took into consideration the resolution of the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled; and concurred therein, and Messrs. SAMUEL SMITH and BALDWIN were appointed the committee on the part of the Senate.

The Senate took into consideration the Resolution of the House of Representatives for the appointment of two chaplains to Congress during the present session, and, having agreed thereto, proceeded to the choice of a chaplain on their part; and the Rev. Mr. MCCORMICK was duly elected.

Mr. SAMUEL SMITH reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of this day, and that the President of the United States had informed the committee that he would make a communication to the two Houses to-morrow at 12 o’clock.

THURSDAY, November 8.

JONATHAN DAYTON, from the State of New Jersey, and JAMES HILLHOUSE, from the State of Connecticut, severally attended.

The following message was received from the PRESIDENT OF THE UNITED STATES:--

_To the Senate and House of Representatives of the United
States_:

To a people, fellow-citizens, who sincerely desire the
happiness and prosperity of other nations, to those who justly
calculate that their own well-being is advanced by that of
the nations with which they have intercourse, it will be a
satisfaction to observe, that the war which was lighted up in
Europe a little before our last meeting, has not yet extended
its flames to other nations, nor been marked by the calamities
which sometimes stain the footsteps of war. The irregularities,
too, on the ocean, which generally harass the commerce of
neutral nations, have, in distant parts, disturbed ours less
than on former occasions. But, in the American seas, they have
been greater from peculiar causes; and even within our harbors
and jurisdiction, infringements on the authority of the laws
have been committed, which have called for serious attention.

While noticing the irregularities committed on the ocean by
others, those on our own part should not be omitted, nor left
unprovided for. Complaints have been received that persons
residing within the United States have taken on themselves to
arm merchant vessels, and to force a commerce into certain
ports and countries in defiance of the laws of those countries.
That individuals should undertake to wage private war,
independently of the authority of their country, cannot be
permitted in a well-ordered society. Its tendency to produce
aggression on the laws and rights of other nations, and to
endanger the peace of our own, is so obvious that I doubt not
you will adopt measures for restraining it effectually in
future.

With the nations of Europe, in general, our friendship and
intercourse are undisturbed, and from the governments of the
belligerent powers especially, we continue to receive those
friendly manifestations which are justly due to an honest
neutrality, and to such good offices consistent with that as we
have opportunities of rendering.

The activity and success of the small force employed in the
Mediterranean in the early part of the present year, the
reinforcements sent into that sea, and the energy of the
officers having command in the several vessels, will, I trust,
by the sufferings of war, reduce the barbarians of Tripoli to
the desire of peace on proper terms.

The Bey of Tunis having made requisitions unauthorized by our
treaty, their rejection has produced from him some expressions
of discontent. But to those who expect us to calculate whether
a compliance with unjust demands will not cost us less than a
war, we must leave as a question of calculation for them; also,
whether to retire from unjust demands will not cost them less
than a war. We can do to each other very sensible injuries by
war; but the mutual advantages of peace make that the best
interest of both.

In pursuance of the act providing for the temporary
government of Louisiana, the necessary officers for the
Territory of Orleans were appointed in due time, to commence
the exercise of their functions on the first day of October.
The distance, however, of some of them, and indispensable
previous arrangements, may have retarded its commencement in
some of its parts; the form of government thus provided having
been considered but as temporary, and open to such future
improvements as further information of the circumstances of our
brethren there might suggest, it will of course be subject to
your consideration.

The act of Congress of February 28, 1803, for building and
employing a number of gunboats, is now in a course of execution
to the extent there provided for. The obstacle to naval
enterprise which vessels of this construction offer for our
seaport towns; their utility towards supporting, within our
waters, the authority of the laws; the promptness with which
they will be manned by the seamen and militia of the place in
the moment they are wanting; the facility of their assembling
from different parts of the coast to any point where they
are required in greater force than ordinary; the economy of
their maintenance and preservation from decay when not in
actual service; and the competence of our finances to this
defensive provision, without any new burden, are considerations
which will have due weight with Congress in deciding on the
expediency of adding to their number from year to year, as
experience shall test their utility, until all our important
harbors, by these and auxiliary means, shall be secured against
insult and opposition to the laws.

The state of our finances continues to fulfil out expectations.
Eleven millions and a half of dollars, received in the course
of the year ending the 30th of September last, have enabled us,
after meeting all the ordinary expenses of the year, to pay
upwards of three million six hundred thousand dollars of the
public debt, exclusive of interest. This payment, with those
of the two preceding years, has extinguished upwards of twelve
millions of the principal and a greater sum of interest within
that period; and, by a proportionate diminution of interest,
renders already sensible the effect of the growing sum yearly
applicable to the discharge of the principal.

These, fellow-citizens, are the principal matters which I have
thought it necessary, at this time, to communicate for your
consideration and attention. Some others will be laid before
you in the course of the session; but, in the discharge of
the great duties confided to you by our country, you will
take a broader view of the field of legislation. Whether the
great interests of agriculture, manufactures, commerce, or
navigation, can, within the pale of your constitutional powers,
be aided in any of their relations; whether laws are provided
in all cases, where they are wanting; whether those provided
are exactly what they should be; whether any abuses take place
in their administration, or in that of the public revenues;
whether the organization of the public agents, or of the public
force, is perfect in all its parts: in fine, whether any thing
can be done to advance the general good, or questions within
the limits of your functions, which will necessarily occupy
your attention. In these and all other matters which you in
your wisdom may propose for the good of our country, you may
count with assurance on my hearty co-operation and faithful
execution.

TH. JEFFERSON.

NOVEMBER 8, 1804.

The message was read, and with the documents therein referred to, ordered to be printed for the use of the Senate.

FRIDAY, November 9.

THOMAS SUMTER, from the State of South Carolina, attended.

A message from the House of Representatives informed the Senate that the House have appointed the Rev. WILLIAM BENTLEY a chaplain to Congress on their part during the present session.

MONDAY, November 12.

WILLIAM COCKE, from the State of Tennessee, and DAVID STONE, from the State of North Carolina, severally attended.

THURSDAY, November 15.

SAMUEL MACLAY, from the State of Pennsylvania, and JOHN SMITH, from the State of New York, severally attended.

TUESDAY, November 20.

A message from the House of Representatives informed the Senate that the House have passed a “resolution expressive of the sense of Congress of the gallant conduct of Captain Stephen Decatur, the officers and crew of the United States ketch Intrepid, in attacking in the harbor of Tripoli, and destroying a Tripolitan frigate of forty-four guns,” in which they desire the concurrence of the Senate.

The resolution last mentioned was read and passed to the second reading.