The constitutionalist — Exeter, N.H., 1810-12-31 00:00:00, page 2

of six per cent, and
deferred stocks $1,412,251
' Reimbursement of the
six per cent Exchang
ed stock 3,751,125
From which deducting
the loan from thcßank,
of 2,750,000
Leaves the actual decrease
of debt during the
year 2,413,376
The loan authorised by the act of
last session had at first been negociated
in the latter end of May, for 3,750,000
dollars ; but the expence having prov
ed less than had been supposed, it was
by mutual consent reduced in October
to 2,750,000. With that object in
* view, in order that no greater sum
should ^ ultimately borrowed than
might be necessary, and also in order
to avoid as long as practicable an in-'
crease of stock in the market, and
that of a more permanent species of
debt, a temporary loan from the bank
of the United States, was preferred to
any other mode. It is reimbursible
on the last day of December 1811, with
* a reservation that the bank may, in
case of a non-renewal of its charter,
demand an earlier paymemt on giving
three months notice. This condition
may, if enforced, save some interest
; to the public, and can produce no in
convenience,as there will be no greater
difficulty in effecting a new loan (if ne
cessary jin the middle than in the lat
ter end of the year, The documents
F. G. H. 1. shew both the object and
* the terms of the loan.
From what has. been stated, it ap
pears that no other provisions are ne
cesary for the year 1811, than a con
tinuance of the additional 2 1-2 per
cent duty, commonly called the Med
iterranean Fund, and an authority to
borrow a sum probably much less, and
certainly not greater than the amount
of the principal of the public debt
which will be reimbursed during the
The aggregate of the cur
rent expences, exclu
sively of the payments
on account of the prin
ciple of the debt, would
not exceed . 7,980,000
The paym,sori attount•
of the principal of the
debt will be applicable
to ^e annual reim
bursement on the six
per cent, and deferred
stoc^?, 5° the re-pay
ment of the loan of
Dols. 2,750,000 effect
ed rtrisyear^and to the
reimbursement in part
of the converted six pr.
cent, stock;: and must,
in order to complete
the annual appropria
tion of eight millions of
dollars, amounts to 5,450,000
Making for the whole a
mount of the expendi
tures of the year 1811 13,430,000
same time in the Treasury a balance
of two millions of dollars, a sum not
greater than what under existing cir
cumstances it is eligible to reserve.
But a deficiency may take place in the
receipts if the amount of debentures
should exceed what has been estimat
ed; and the expences for the Military
and Naval Departments, (which ac
cording to the estimates of those de
partments, and exclusively of the sum
necessary for fortifications amount
to 4,916,000 dollars) -may be greater
than the amount actually expended
during the year ending on the 30th
September 1810. In order to provide
for these unforeseen contingencies, the
propriety of authorising a reloan not
exceeding in the whole the amount
of the principal of the debt reimburs
ed during the same year is respectful
ly submitted.
a half ending on the same day to near
37,700,000 dols.; exclusively ofmore
than six millions of dollars paid in con
formity with the provisions of the
Convention with G. Britain and of the
Louisiana Convention.
Taking the calendar year 1810 by
itself, of the debt actually reimburs
ed will amount to 5,163,376 dollars,
viz.
Annual reimbursement
Or about one million
of dollars more than the
receiptsfor thesameyear.
If therefore this estimate could be
relied on, an authority to borrow one
million of dollars would be sufficient
to enable government to pay all the
current expences, and to reimburse
nearly four millions and a half of the
principal of the debt, leaving at the
Public Debt.
It appears by the statement (D) that
the payments, on account of the prin-
cipal of the public debt have amount
ed during the year ending on the 30th
day of September 1810, to 2,884,000
dollars and during the nine years and
3. No exemption has been made by
the act in favor of vessels which have
sailed for the British East-Indies prior
to the President's proclamation and the
short period of three months from the
date of ;hat proclamation to the day
when the law is to take effect will oc
casion forfeitures or heavy losses in
cases of bonafide American property
in England paid for or ordered prior
to the proclamation. It seems in eve
ry point of view eligible that cases
clearly foreseen should be provided for
by law, instead of being left to execu
tive direction.
\4. It is believed that an abandon
ment by the United States of their
share of the penalties aud forfeitures
which may be incurred, and the dis
tribution of these according to the cir
cumstances oft the case, amongst the
collectors, the other Custom-House
officers, the inspectors who have had
no share, and the informers, would en
sure a greater degree of zeal and vigil
ance in directing aud preventing infrac
tions of the law.
5. Some additional provisions will
be necessary to enforce the law on the
northern frontier of the United States,
amongst which mgy^be reckoned the
erection of some new collection districts•
particularly on the river St. Lawrence
and in the eastern part of the State of
Vermont; an increase of salary to the
collectors in that quarter, in-as-much
as under the non-importation, that part
of their compensation which is derived
from fees will be considerably reduced;
and that which arises from commissions
altogether lost: Aud an authority to
the armed fo,ce of the United States
to make seizures. And it must be ads
ded, that the peculiar situation of those
districts will render condemnations ex
tremely difficult, unless the obligation
be imposed on persons claiming mer-'
chandize seized there to prove that the
2. The non-importation is to take
place on the 2d day of February next,
if a revocation shall not have taken
place before that day. But this may
have taken place and not be known on
that day in the United States. If the
Collectors abstain from seizing mer
chandize imported after that day until
the fact shall have been ascertained and
the edicts shall not have been revoked,
the merchandize will escape forfeiture
and the law during that period will be
inoperative. If they seize, and the e
dicts shall have been revoked, the seiz
ures will have been illegal, and the col
lectors will be liable to personal suit.
This inconvenience may be remedied
by a provision directing that during
that period it shall be the duty of the
collectors to make seizures, but that
goods shall be restored to the parties
on their giving bond with sureties for
the value.
year. But as in conformity with the
act of Ist of May, 1810, the importa
tion of articles, the growth, produce
or manufacture of the dominions, col
onies and dependencies ofGreat-Brit
ain will be prohibited after the 2d day
of February next, if that nation shall
not, before that time, so revoke or
modify her edicts as that they shall
cease to violate the neutral commerce
of the United States, some provisions
appear necessary for Abe purpose of
supplying the deficiency in the revenue
arising from that cause and of giving
to that measure all the efficacy of which
it is susceptible. *
The probable defalcation in the rev
enue cannot for obvious reasons, be at
this time estimated with any degree of
precision. The experience of the en
suing year can alone afford sufficient
data for a permanent and detailed plan
adapted to that state of things and cal.
culated to ensure perseverance in the
system as long as may be thought pro
per. But in the mean while, it appears
essential to lay the foundation of such
a plan atid to guard in time against any
great deficit in the receipts of the year
1812. It is believed that under exist
ing circumstances it would be sufficient
to render those receipts equal or near
ly equal to the current expenditure, in
cluding therein the interest on the pub
lic debt, and estimated at about eight
millions of dollars: And with a view
to that object, a considerable and im
mediate increase of the present duties
on importations is respectfully sug
gested.
It is not less important than the act
should be free of legal difficulties and of
well founded objections and that it
should be enforced by every practica
ble means. On that subject the fol
lowing observations are submitted.
1. The law of Ist May, 1810 has
neither expressly defined the edicts, the
revocation of which is expected, nor
made a notification by the President
the evidence and the sole evidence of
the fact. It follows that in case of an
unsatisfactory modification of her edicts
by Great. Britain, the decision of the
question itself, whether the non-im
portation be actually in force or not
will be left to the courts, whence de
lays and embarrassments will arise
which will considerably impede the op
eration of the law.
For this ratio 39
Against it 56
Mr. W. Alston said as no number
but 45,000 had been mentioned and
the committee had expressed their
disapprobation of that number, he felt
inclined to propose a larger one, al
though he had been willing, in order to
unite with others, to take the ratio
proposed by Mr. Fisk. If the ratio
fell to less than 45 or 50,000 this body
would become too numerous to trans
act business. If gentlemen would
turn /their attention to the increase
of the ten years previous to 1800 they
would be satisfied that, with a paral
lel increase since that period, a less
ratio than 45,000 would afford near
ly 200. Hesaid he felt convinced that
a numerous body would not afford
more talent than a smaller body.—
If the congressional districts were
larger the chance of obtaining men
of talents would be quite as great at
least as in smaller districts. One ad
vantage of large districts in the South
ern States, he said would be to put an
end to the mode of electioneering prac
tised in some of them ; it would then be
impossible for the candidates to ride
thro' them as they now did. Mr. A.
said he was himself clearly of opinion
that business could be done as well
and as satisfactorily with one hundred
as with two hundred members. He
therefore moved to fill the blank in
the bill with 50,000.
1 Mr. Boyd made some remarks, which
were not distinctly heard, in favour of
a small ratio. From the terms of the
constitution, making 30,000 the mini
mum, he drew the inference that the
illustrious framers of that instrument
had considered 30,000 the most prop
er ratio. He adverted too to the safe
ty produced by having man, counsel
lors--a small body might be led away
toactrashly, by passion; which would
not have the same operation on a lar
ger body.
Mr. Macon said he was decidedly of
opinion that the ratio ought to be
fixed, before the result of the census
was known. He had no objection to a
moderate increase of the number of
members; if they amounted to so many
that one side of the House could not
hear the other speak, debate was at
an end andthe purposes of deliberative
legislation defeated. He should have
liked the bill better, be said, if it had
declared that the House of Represent
atives should hereafter consist of acer
Petitions for the incorporation of
three Banks within the District of
Columbia, were read and committed.
A committee was raised on the sub
ject of claiiqs to lands in Orleans and
Louisiana territories, and for, the sur
vey of lands'therein..
same was legally imported. All which
is respectfully submitted.
ALBERT GALLATIN.
Treasury Department, )
Dec. 19, 1810.,
This report was ordered to be print
ed and the part of it which relates to
the ENFORCING THE NON-IN
TERCOURSE LAW, referred to the
Committee on Foreign Relations.
Mr. Milnor presented a petition for
a Horse which died in service during
the war,—Referred. Another peti
tion from Amy Dardins again pray
ing for compensation for a Horse
killed during the revolutionary war
was again referred-— lt is calculated
that this dead Horse has already cost
the United States Ten Thousand
dollars.
Mr. Fisk remarked that the com
mittee (of which he was chairman)
who reported the bill had not agreed
on any precise number; but consult,
ing the opinion of others rather than
his own, he would move to fill the
blank with a number not as large as he
should wish. The precise amount of
the population of the United States,
by the present census, could not be
ascertained; but a rational estimate
might be made. Calculating the ratio
of increase for the ten years- since
1800 at the same rate as ten years pre
ceding that period, the present popu
lation may be estimated at about seven
millions. At a ratio of one Repre
sontative for every'4s,ooo the number
of Representatives would then be 155.
If, however, that population should
reach 7,500,000 souls as many be
lieved, the number of Representatives
would then be 166. Ifit shogi exceed
7,500,000 and rcachß,ooo,ooo as some
calculated it would,this number would
give 177 Representatives.
The question was taken on filling
the blank with the ratio of 45,000 and
lost.
Apportionment as Representation.
(In committee of the whole.)
The question occurring on filling
the blank with the number of souls
which should be entitled to a represent
ative.
Thursda'y, Dec. 13.
Messrs. Alien, Barry and Smelt at
tended.
NEW BANK.
Resolved, That the committee of
Commerce and Manufactures be in
structed to enquire into the expediency
of removing the office of collector of
the customs for the district of Buffaloe
from the village of Buffaloe to Black
Rock.
On motion of Mr. Newton the House
resumed the consideration of the bill
to suspend the second section of the act
regulating Foreign Coins-
Mr. Quincy moved a recommitment
of the bill to a select committee, on the
ground that it would be apprehended,
as it at present stood, go to admit the
gold coins of foreign powers to circu
late at their nominal instead of their
real value; by which means certain
coins would become a tender at their
nominal value, which were not worth
so much by four cents in the dollar.
To the principle of the bill he said,
there could be no objection; and he
only wished that a committee should
be appointed to examine the operation
of the bill and ascertain whether it
would be as he suspected or not.
After a few observations from Messrs.
Mitchell and Bacon on the subject,
the bill was referred to a committee of
five..
THIRD CENSUS.
The house resolved itself into a
committee of the whole, 51 to 41 Mr;
; Friday, Dec. 14.
Mr. SouthardTrom the committee of
revisal &c. made a report of unfinished
business; which being read, was or
dered to lie on the table.
Mr. Newton reported a bill author
ising the issuing of debentures in cer
tain cases ; twice read and referred to
a committee of the whole.
On motion of Mr. Newton.
Resolved, That the committee of
Commerce and Manufactures be in
structed to enquire into the expediency
of making Iberie on the river Teche,
in the Territory of Orleans, a port of
entry ; and that the committee have
leave to report by bill or otherwise.
On motion of Mr. Gold,
Resolved, That a committee be ap
pointed to enquire into the expediency
of providing by law for ascertaining
aud setting the controverted bounds of
the lands of the United States at West
Point in the state of New-York.
On motion of Mr. Porter.
The following section, from the act
of February 9, 1793, is that supposed
to be suspended :
" Sec. 2. Provided always, and be
it further enacted. That at the expira
tion of three years next ensuing the
time when the coinage of gold and sil
ver, agreeably to the act entitled, " An
act establishing a mint, and regulating
the coins of the United States," shall
commence at the mint of the United
states, which time will be announced by
the proclamation of the President of
the United States, all foreign gold
coins, and all foreign silver coins, ex
cept Spanish milled dollars and parts of
such dollars, shall cease to be a legal
tender as aforesaid."
tain number of members, and had left
the apportionment theri to be made ac
cording to the population. On the
subject of electioneering, he said it
became him at least to say that a por
tion of the people who sent him had
not been concerned in it—-Whatever
might have been the practice elsewhere,
so tar as concerned his constituents,
there had been no goingabout harangu
ing. And on the subject of election
eering, said he, wherever the people
are free, there will be electioneering.
It belongs to free governments. Pos
sibly different parts of the country
may differ as to the mode. In some,
men go themselves about electioneer
ing; in others their friends do it for
them. lit some, newspaper publica
tions help, an election ; in others they
destroy it. In some ' places, I have
heard, the sacred pulpit is not free
from it. There was not more elect
ioneering South, Mr. M. believed,than
elsewhere; certain he was that candi
dates could not spend their sums of
money Which he had heard of being
elsewhere in an election. He conclud
ed by saying he was in favour a of mod
erate increase of Representatives. .He
was not afraid that from a multitude
of counsellors nothing would be done;
it was quite as much to be feared from
too few that they would act rashly.
Mr. Smilie, urging the importance
of this question, the necessity of ma
ture reflection, and his own doubts
as to the proper ratio, moved that the
committee rise, report progress and
ask leave to sit again.
The committee rose, 53 to 49, and
obtained leave to sit again.
The house resolved into a committe
of the whole on the bill from the se
nate to suspend the second section of
the act for regulating foreign coins.
The bill went through a committee
of the whole, and was reported to
the house. The question occurred—
Shall the bill be read a third time ?
FOREIGN COINS.
FOREIGN COINS.
Bassett in the chair, on the bill for
apportioning the Represntatives ac
cording to the third enumeratidn of the
people of the United States.
The question pending when the com
mittee rose yesterday was on filing
the blank for the fatio of apportion
ment with 50,000.
This question was lost, Ayes 26.
The number 43,000 was next pro
posed, and lost ; 43 for it, 56 against
it. The number 40,000 was next
proposed, and after debate, agreed
to by the committee, ayes 78.
The committee then rose and report
ed the bill as amended. " ——
Tuesday, December 18.
A petition, of the merchants of Phila
delphia, trading beyond the Caue-of-
Good-Hope, praying that their prop
erty beyond sea may be exempted from
the penalties of the Non-Intercourse
Law, if it should arrive after the 2d
Feb. next. Referred as usual.
BANK OF THE U. STATES.
Mr. Finley presented a petition of
the Stockholders of the Bank of the
United States, praying an extension of
their charter. Read and committed to
Messrs. Burwell, Findley, Southard,
Mitchill, Franklin, Butler, J. C.
Chamberlain, W. Chamberlain, Mose
ly, N. R. Moore, Miller, Smelt, John
son, Morrow, Jackson, Gannet, and
Poindexter.
Gen. WILKINSON.
Mr. Pierson moved, That a commit
tee be appointed to enquire into the
conduct of Brigadier-General James
Wilkinson in relation to his having at
any time, whilst in the service of the
United States corruptly received mon
ey from the government of Spain, or l
Its agents, or in relation to his having #
Many time aforesaid, been an accom
pltee, or.in any way concerned with
the agents of any foreign power or with ~ : •
Aaron Burr, in a project against the \
dominions of the king of Spain, or to
dismember the United States ; and that
the said committee inquire generally ,
into the conduct of the said James
Wilkinson as Brigadier-General of the
army of the United States; that the'
said committee have power to send for .
persons and papers, andcompel their
attendance and production ; and that'
the said James Wilkinson benotified
4
The question was put on concurring
with the committee of the whole in
filling the blank with 40,000 —'
But a motion was made by Mr.
Quincy to postpone the bill till Mon
day, and eventually carried,ss, to 43.
Mr. Sheffcy presented the memorial
of Simeon Knight, stating that he,
whilst acting as a paymaster in the ar
my of the United States, had under the
authority of the late Secretary at War,
General Henry Dearborn, paid to
Brigadier General James Wilkinson
the sum of 1450 dollars, being the a
mount of extra rations allowed him as
commander of a separate post whilst
at N. Orleans ; but that on presenting
his vouchers for settlement at the War
Office, payment of the same was with
held ; and praying relief.—Referred
to the committee of claims.
On motion of Mr. Troup the Secre
tary of the Treasury was requested to
give information of the measures taken
to remove settlers (if any) on the lauds
of the United States in the Mississippi
Territory.
RATIO OF REPRESENTATION.
The House resumed the considera
tion of the bill on this subject.
Mr. Sturges after intimating that
from the best calculations made the
ratio of representation (40,000) would
essentially injure thesmall States, mov
ed the postponement of the bill until
the returns of the Census were before
the House.
. Messrs. Sawyer, Mosely and Macon
advocated the postponement, but it
was lost 62 to 55.
Mr. Pitkin then moved the post
ponement of the bill until the 2d
Monday of February.
A debate ensued, in which Messrs.
Milnor, Taylor, Potter, and Sheffey
spoke in favor of the postponement ;
—Messrs. Smilie, Mitchell, and W.
Alston against it. The motion pre
vailed, Ayes 66. Noes 51 ; and the
bill was postponed until February.
Adjourned.
Mr. Secretary Hamilton, of the Na
vy communicated two reports on af
fairs of his department. Ordered to
be printed.
Mr. Secretary Gallatin communica
ted a statement of imports for the years
1807, 1808 and 1809. Ordered to be
printed.
Mr. Van Horn, presented a memo
rial from the first and Second Cham
bers of the City Council of Washing
ton, praying for certain alterations in
their charter, Referred to the com
mittee on the District of Columbia.
Monday, Dec. 17.
A petition of the Orleans Legisla
ture to be admitted as a state of the
Union was read and referred.
LATE GEORGIA LANDC