The Republican ledger — Portsmouth, N.H., 1800-02-26 00:00:00, page 1

The Republican Ledger.
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PORTSMOUTH, (NEW-HAMPSHIRE) PRINTED AND PUBLISHED BY GEORGE JERRY OSBORNE, jun. MULBERRY LANE, NEXT DOOR TO ROUSSELEI's MUSEUM.
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Congrete of the Unites States'
HOUSE-^Thursday, Jan. 30.
h""<HE clerk proceeded to the third reading
of the bill intitled “ an a& to establish
an uniform system of bankruptcy through
out the United States," when
Mr. Marlhall moved that it be recom
mitted to a committee of the whole house ;
and the house immediately resolved itfelf in
to a committee of the Whole on said bill,
Mr. Mortis in the chair.
After adding three new feaions to the bill,
proposed by Mr. Marlhall.'
Mr. Nicholas moved the following :
And be it further enaHed, That this a&
shall continue in force during the term of
two years, and from thence to the end of the
next session of Cbhgrefs thereafter, and no
longer.
Mr. Harper moved th strike out the word
*' two," which was carried, 55 members
Fifing in the affirmative.
Mr. Smith then moved tb fill the blank
- with the word “ ten," Ayes 44, Noes 65.
It was then moved to insert " Teven,"
which was also loft, Ayes 43, Noes 52.
Mr. Harper then moved to fill the blank
With the word " five," which was agreed to
63 members rising in favor of it.
Mr. Bayard moved the following amend
ment to the feaion, which was agreed to,
rz. " Provided that the expiration of this
a& shall not prevent the complete execution
of any tommiffion which may have been
previously thereto issued."
The question upon the fe&ion as amend
ed was then put and carried, 58 members
rising in favor of it.
On motion of Mr. Macon, all that part
of the tenth feaion, which gave the assignees
the power of recovering property fold by the
bankrupt; within a certain period, upon re
funding the purchase money, was struck out.
After making an amendment proposed by
Mr. Livingston, to fix a day certain, on
which the aft Should go into execution, the
committee rose and reported the amendments
and the house adjourned^,
FRIDAY, JAN. 31.
' The house proceeded to the consideration
of the amendments reported by the commit
tee of the whole yesterday, to the bill inti
tled" An afl to establish an uniform system
of bankruptcy, throughout the U, States"—
and upon the question, will the House agree
to the amendment fixing a day certain on
which the a& shall go into operation, it pass
ed in the affirmative—Ayes 37, Noes 36.
Ms. Livingston moved the firft day of
June next— which was carried—Ayes 46,
vNoes%
Mr.>jones said, he wished to try the prin
ciple of tlw bill, he would move that the fur
ther consideration of it be postponed till the
firft Monday in December next —and pro
ceeded to give his reasons why he cohceived
the bill ought to be rejected.
Mr. Bayard said, he believed this a very
improper time to difeufs the bill, and thought
it ought to go to a third reading, when gen
tlemen would have the fubjeCt more fully
before them—he therefore moved the previ
ous question.
After some debate, the previous question,
to wit: " mail the main question (tor post
poning the bill) be now put,' it palled in
the negative, in manner following, viz.
YEAS 14.—NAYS,6.
On motion of Mt. Marlhall, an amend,
ipent was introduced in the bill, giving the
bankrupt authority to demand the impan
nelling of a jury, before the diftrid judge,
for the purpose of enquiring into the fads
Mated fa the notice which such bankrupt
shall receive of the commission issued against
him, and that unless some one of the fads,
stated in such notice be found correct, no
further proceedings under the commiffiun
shall be had.
- Mr. Stone then moved that the further
consideration of the bill be postponed till the
17th Feb. next; Ayes 47 ; Noes 48. $ .
Mr. Macon moved this day fortnight ;
Ayes 44 ; Noes 50..
And an motion of Mr. J. Brown, it was
postponed till Tuefday the nth Feb. and
the bill as amended ordered to be printed.
Mr. Jones gave notice, he would arthat
; time move a new feaion to the bill, provid
ing that nothing contained in the aft should
be construed to extend to any debt or con
tract committed or made previous to the
passing of it.
MONDAY, FEB. 3.
Mr. Griswold, chairman of the commit
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»"WHEN YOU SHALL THESE DEEDS RELATE, SPEAK OF THEM AS THEY ARE ; NOTHING EXTENUATE NOR SET DOWN OUGHT IN MALICE."
number 27.— v01. ij WEDNESDAY FEBRUARY 26, 1800. ft dol. 50 cts. per annum.
tee of reviftfl and unfinilhed bufmefs, report-|
el a bill to provide the means of foreign in- I
tercourfe between the U. 3. and foreign na
tions which was twice read and committed
to the whole house for Thursday.
Mr. Dennis asked leave of absence from
the feryice of the House for 12 days.-
Granted.
Mr. Macon asked leave of absence for
Mr. Nicholas for ten days.—Granted.
Mr. Smith, chairman of the committee
of commerce and manufa&ures, reported a
bill for the relief of James Yard, which was
twice read and referred to a committee of
the whole for to-morrow,
Mr. Hartley presented a petition from se
veral inhabitants of York county, (Perm.)
praying a revision of the excise law, which
was referred to the committee of ways and
means.
BRITISH TREATY.
Mr. Livingston said, he held two resolu
tions which he intended to offer tothe house,
the one in their ordinary legislative capacity,
the other addfreffed to them as the Ipecial
guardians of the Constitution and Laws and
the high inquest for the people of the V. S.
Mr. L. said, that after the Treaty with
Great-Britain had received the final fandion
of all the conftittfted authorities of the U. S.
such laws were palled as were deemed com
petent to carry it into full effea: experience
however, had shewn that further legislative
provision was nbeeflary on the one hand to
give full efficacy to the compact, and carry .
all its engagements into operation with fi
delity, on the other to guard against any mif
chiefs that might arise from uncertainty in
the inftrumerit or mifeonUruaion of its pro
visions.
Experience had shewn that an article, in
terms just, reciprocal andtnocent, had by
this means become unjust, injurious, and in
the highest degree unequal in its operation.
He alluded, he said, to the zyth.article,
which provides for the apprehenlion and de
livery of fugitives, which was in the fol
lowing words • ,*
" it is further agreed, that his Majesty ind the U. Stated, on
mutual requisitions, by them refpedively, or by their refyeaive
ministers or officers, authorifed to make the fame, will deliver
up to justice all persons, who, being charged with murder or
forgery, committed within the jurifdiftion of either, shall seek
an afyium within any of the countries of the other , provided
that this shall only be done on such evidence of criminality, as,
according to the laws of the place, where the fugitive, or perron
so charged, shall be found, would jultify tiis apprehension and
commitment for trial, if the offence had been there committed.
The fxpence of such apprehension and delivery shall be borne
and defrayed, by thofc who make the requisition and receive the
fugitive."
By a recent conftruaion of this article,
any person, even a citizen of the U. States
on the requisition of a foreign power to
whom he might have made himfelf obnox
ious being charged with a supposed crime
said to be committed in a foreign country
or even on the high seas under the immedi
ate jurifdiaion of our own courts might be
torn from his country, conne&ions and
friends dragg'd, to a distant land and there
tall an unprotected facrifice to the political
bigotry of a prejudiced court, or the stern
unrelenting severity of a military tribunal—
.he might fuffer this in defiance of the consti
tutional provision which assured to him the
intervention of one jury tp charge and ano
ther to convict him qf a crime.-— It was to
apply some remedy to these evils that this
firft resolution was calculated.
The 2d; resolution was conne&ed with
the fubjea of the firft and tended to investi
gate a tad which had been publicly and se
riously asserted in all the papers on the con
tinent and which had never been extenuated
or denied—lt had been there asserted that a
letter was written by an officer at thehead
of one of the great executive departments,
to a judge advising and requeuing him how
to att in a judicial case arising under the ar
ticle just read, and that the application might
have greater weight that advice and reqyeft
were stated to be the President's.
Mr. L, said he should make no observa
tions on the danger of permitting executive
(influence to operate on judicial decision, its
fatal tendency would be immediately seen
and universally acknowledged.
And as in the exercise of this important
function of the house it was especially neces
sary to difeard prejudice, animosity and the
irritation of party, he should not strive to
waken any feflion or enlist any feeling on
the question, he would therefore make no
other remarks until the result of.the enquiry
should either confirm the charge or shew it
to be without foundation ; persuaded that,
io the former case every member of the
house would unite in such measures as jus
tice and duty would di&ate, and conscious
______!_. ✓ —.—l I e-t.
I that in the latter result, no one would more
heartily rejoice than himfelf in acknowledg
ing it to be groundless, and doing justice to
the character of those Who might implicated
in the charge.
He then read the following resolutions,
which if seconded, he would lay on the ta
ble.
Resolved, That provision ought to be made
by law for carrying into effea the 27th ar
ticle of the treaty of Amity, Commerce and
Navigation between the United States and
the King of Great-Britain.
Resolved, That the PrefidenT of the Unit
ed States be requested to lay before this
house copiesof the requisition for, and other
papers relative to the apprehension and deli
very of Jonathan Robbins, under the 27th
article of the treaty of amity, commerce &
navigation, between the United States and
the King of Great-Britain, together with
copies of the communications (jf any) be
tween either of the executive departments
and the Judge of the Diftrid Court of South
Caroltez ,tn the fubjea. T .
They were seconded and laid on the ta
ble.—AJjourned.
TUESDAY, FEB. 4.
Mr. Harrison presented the memorial of
[faac Kane, who was made prisoner by the
Wyanebt Indians at 9 years of age, among
whom le lived several years, and had a fami
ly, whq had apportioned him some land,
which Rd fallen into the hands of the U
nited Sates. He prayed a fee simple there
to° .
Refered to the committee on the fubjed
of Unied States lands.
Mr.Leib laid on the table a resolution to
the folbwih2 effea—
Refeved, That 6 committee be appointed
to brint in a bill, making provision for the
removal of the troops in the service of the
United States, which may be Rationed where
an eleAion is held, and that such removal
thall take place at lead two days previous
to such eleaion, and to a distance not less
than two miles.
Mr. Smith chairman of the committee of
commerce, reported a bill to establish the
fifheries of the United States, and to regu
late the fiffiermen, which was twice read
and referred to a committee of the whole
for to-morrows
Mr. Griswold, from the committee of
revifal, &c, reported " a bill refpe&ing the
mint," which wa^twice read, and made the
order for to-morrow.
A meflage was received from the Presi
dent, informing the house that he yefterday'
approved and signed a resolution authorizing
the Secretary of date to furnidi the governor
of North Carolina with a number of copies
of the laws of the United States.
Mr. Livingston called up the resolution he
yesterday laid on the table, and proposed a
modification to the firft, so as to read in this
mannert
Resolved, That provision ought to be made
by law to carry into effea the 27th article
of the treaty of amity, commerce and navi
gation between the United States, and the
k#g of Great-Britain, and that they have
leave to report by bill or otherwise.
This, was agreed to and three members ap
pointedi
The second resolution Was agreed to with
out debate, and two members appointed to
present the- request to the president of the
United States.
xMr. Harper chairman of the committee
of ways and means, reported a bill " to ef
tablilh a general damp office ;" which was
twice read and referred to a committee of
the whole for Friday next., z
Mr. Harper called up a resolution he laid
on the table on the 21st ultimo to amend the,
bill for the encouragement of ufeful arts, fa
as to grant patents to aliens after a certain
refidence.'
Mr. Livingston proposed an amendment
to it, to secure the benefits thereof, to the
executors or administrators of any inventor
who might die before the close of the peri
od for which thepatent was granted.—This
amendment was carried.,
Mr. Kittera suggested the propriety of re
ferring the resolution to a fele& committee,
which being agreed to by Mr. Harper, it
was orderded and five members appointed,
with inftrudions to report their opinion
thereon to the house.
Mr. Abiel Fotter called up a resolution
he laid on the table just at the close of the
last session, to amend the constitution, so as
that the ele&ors for President and Vice Pre
sident might defignatc in their tickets for
2gZ^XiJj^gX2J^aiSgS^^^
uhom they vote for President, and whom
for Vice Prefident.'
The resolution was referred to the com
mittee of the whole house oil the Rate of the
Union.=—^djoutned.
\WEDNESDAY, FEB. 5.
A message Was received from the Senate,
by Mr. Otis, their secretary, informing the
House, that the Senate had recededed from
their amendments disagreed to by this house,
to the bill entitiiled, “ An a& to repeal part
of the a£ tintituled, An aft for mitigating or
remitting th^ forfeitures; penalties and disa
bilities accruing in certain cases therein
mentioned."
Mr. Livingston, from the Committee ap
pointed to wait on the President of the U
nited States, with the resolution requeuing
information relatiye to the requisition for,
and delivery of Jonathan Robbins, underrfhe
27th article of the Britilh treaty —reported,
That the Committee had performed that
service ; and that the President said “ he
would take their request into consideration,
and return an answer in due season."
Mr. Speaker laid before the House a let
ter from the Secretary of the Treasury, in
clofing two statements relative to the per
manent revenue of the United States—which
was ordered to be printed.
Mr. Otis laid the following resolution on
the table, viz.
Resolved, That the President of the Senate
and Speaker of the House of Representatives,
be authorifed to close the present session, by
adjourning their refpe&ive Houses, on the
firft Monday in April next.
The House went into a committee of the
whole on the bill ih addition to an a& inti
tuled an a& regulating grants of lands ap
propriated to military services, and for the
society of the United Brethren for propa
gating the gospel among the Heathens—Mr.
Davis moved that the committee rife, and
aik leave to fit again, which was carried, 51
members rising in the affirmative. Adj.
THURSDAY, FEB. 6.
Mr. Macon rose and observed, that he
came from a date where the quantity of
specie in circulation was very small § but
to remedy this inconvenience a considerable
quantity of paper was in circulation, which
the people received without hesitation. On
this account he wished the collectors of the
direst tax might be intruded to receive that
paper in payment, no inconvenience could
accrue from that measure, since all the pa
per so received, might be expended in sup.
plies, which were ufcally purchased in ihat
stated That state poffelied less commerce
perhaps, than any other in the Union, and
of course less money was expended in it.—•
, It would prove that attention was paid to
the particular situation of that state, if the
measure was adopted. The resolution he
would submit was as follows :
That the committee of ways and means,
be inftruded to inquire into the expediency
of authorizing the collectors of the dired
tax in North-Carolina, to receive in pay
ment thereof the paper of that state, and to
report by bill or otherwise.-
If the committee of ways & means should
think it inexpedient, Mr. Macon supposed
they would report so to the house, in which
case the house would no doubt agree thereto,
and if injury should appear to be attendant
on such a measure, he certainly should not
press it upon the- house.
Mr. Smith hoped that as it was a very
extraordinary motion, it would be laid on
' the table till to-morrow.
It was accordingly laid on the table.
The house resolved itfelf into a commit
tee on an aC t giving the aflent of Congress
to certain acts of Rhode-Bland, Maryland
and Georgia, motion was made and agreed
to, to strike out that part of the law which
, refpe&ed Rhode-lfland, as the law in that
state had expired.
The hill passed the committee and after
wards the house, and was ordered to be en
grossed for a third reading to-morrow.
Mr. Claiborne said, that under an aft
passed the 3d of March, 1,95, there was
50,000 dollars appropriated to the purchase
of goods for supplying the Indians within
the limits of the United States, for the year
1795, under the direction of the President ; *
and again in April 18th, 1796, 150,000 dol
lars was appropriated for the fame purpose.
The latter law had expired, and at present
no law was in exigence refpeCting those
trading houses, yet the trade was continued,
but for want of Legislative provision confirm
derable frauds might be executed. A new
a& probably may btheceffary, but previun?