The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-12-19 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCCXIII.
FIVE DOLLS. PER ANN.
MONDAY, DECEMBER 19th, 1803.
PAID IN ADVANCE.
MESSAGE
OF THE GOVERNOR OF THE STATE OF SOUTH-CAROLINA,
Delivered to the House of Representa- tives, on the 24th Nov. 1803.
To the Speaker and Members of the House of Representa- tives.
Gentlemen,
In my official capacity the honor be- comes mine to address the constituted authorities of my country, at the peri- od when they assemble to consider of its situation, and to guide and direct its af- fairs. In compliance with those duties constitutionally enjoined, I shall endeav- our to give a just state of our country; and with a deference tender my opinion on such measures as appear important and worthy of legislative consideration. The blessing of peace which is still pre- served us, demands our attention to that Being who rules and governs all, and for whose goodness, our unfeigned thankfulness is justly due. While war (that scourge of the human race) is again convulsing Europe, and nation pursuing the destruction of nation, America cannot expect to be free from all the effects, which afflict those na- tions with whom she has important inter- ests and friendly connections; but peace pervades her shores, proffers enjoyments and advantages to its citizens, and holds the allurements of participation to the war-worn and distressed. That happiness and prosperity is founded on the prefer- vation of that blessing, whence every advantage is afforded our citizens which abundance can produce; wealth is cir- culating with rapidity over our state; the support of government is light, and may be rendered more so, yet, the pro- duction more than equivalent to the an- nual exigencies, and presents ample op- portunities for every species of improve- ment that our country requires. Let calm deliberations attend your proceed- ings, and in harmony unfettered by pre- judice or party, concentrate your en- deavors for your country's good, that the continuation of our happy situation may distinguish the marked approbation of divine Providence, to whose good- ness, and the wisdom of our councils, must be attributed our long enjoyment of all those blessings.
The situation of our fiscal department must be viewed with peculiar pleasure by every friend to his country, when the demands are met with ability, and the discharge with promptitude, yet a fur- plusage remains to appropriate to any purposes most advantageous to the state. Reports are preparing by the Comptrol- ler of the Revenue, and other officers of the department, which will shortly be laid before you, giving an accurate state- ment of the transactions, expenditures, and the unexpended balance that re- mains in the treasury. It will doubtless engage your attention in what manner it is best calculated to dispose of this surplus; whether it will be made the means of reducing the taxes the present year; be applied to the redemption of the funded domestic debt; to the estab- lishment and endowing seminaries of learning in the several districts, where there has hitherto been no legislative aid; to promote and assist in opening the navigation of rivers wherever it shall be found necessary; or whether the legis- lature, in their wisdom, may not direct its application to the addition of their bank fund, which, in due time, with judicious management, and such aug- mentations as convenience will, from time to time admit, produce an interest sufficient to meet every demand of gov- ernment. These are objects which demand your attention, are worthy of mature consideration, and should the latter plan be carried into operation, may, from happy experience, prove to the world, that government, by econo- my, care and protection, is not subver- sive of the means it was instituted to foster and preserve. Besides, as it is more than can reasonably be expected, that the present enjoyment of peace can always abide with us, it would be wise and prudent to adopt such measures as would prepare us for an adverse situa- tion, that by a timely diminution of our debts, and instituting every provisional measure of revenue, that does not in- volve taxation, we may place our state in a suitable situation to defray with abi- lity and alacrity, that quota of support to the general government, which em- ergencies hereafter may render indis- pensable for the preservation of that union, from whence security is given to our present happy situation.
The attention of the legislature to
placing the militia of our state upon a respectable establishment, has afforded me pleasure; their liberal appropriation to provide them with arms to assert their rights and defend their territory, have been objects of their best exertions. I feel happy it is in my power to say, that wherever I have reviewed the militia, a disposition to discharge, with due subordination, all those duties which their country requires of them as citi- zens and soldiers, have strictly been ob- served; and so far as my other avoca- tions would permit, have visited the mi- litia of the state, that my attention might impress upon their minds the impor- tance they are of to their country's safe- ty and protection, in the moment of emergency, to repel the invading foe, until substantial support could be afford- ed. Notwithstanding these endeavours of the legislature to arm the militia, and the best exertions of former executives to effect that endeavour, it is with con- cern I have here to observe the great deficiency that exists within the state, where I have had an opportunity of knowing. This had brought into view the necessity of applying the balance of the appropriations made for that pur- pose, and remained entrusted to my dis- posal, which was foreign from my ex- pectation at the time of my coming into office, as I was of opinion that our peace- ful situation, and the prospects of a con- tinuance, would not justify an expendi- ture; but the more I investigated, the greater appeared the deficiency; the ne- cessity therefore became evident that I should expend the balance, conceiving, while in the enjoyment of peace, and the situation of our resources ample, was the favoured opportunity to make a judi- cious purchase of such arms as I shall approve to be in the hands of our citi- zens, and in time of war would be difficult to procure: Accordingly, I entered into contract for muskets and bayonets complete from the manufactory, to the amount of the balance of appropriation, which is reported by the Comptroller general to be eighteen thousand five hundred and thirty-six dollars 12 cents. A proportion, however, of this sum, will be expended in putting the requisite re- pairs, and cleaning those arms purchased by the late governor, which I found a suitable portion engaged in, and upon ex- amination, thought it advisable to be continued, until the whole of the guns should be put in a situation ready for use. The war in Europe will, no doubt, contravene the fulfilment of the above contract so early as it otherwise would have been, but whenever a favourable opportunity shall supersede, the perfor- mance will be prompt. While upon the subject of the militia, I must not omit to notice the uniform corps which have been established; and which I am sure you will hear with peculiar plea- sure of their increasing numbers: Con- sidering them, as I always have done, the most important and valuable part of your militia, I have given them every possible encouragement, and have estab- lished such companies as applied when- ever it has been found consistent with law; but I must claim your attention to some regulations in the law respecting them, calculated for their preservation. In all uniform corps they are entitled to be composed of men from any part of the brigade to which the troops or com- pany may belong; in order to support discipline and subordination, and to in- culcate an excellence in the knowledge of tactics, efficacious measures become necessary, and are exercised by the of- ficers commanding such corps, to cause a punctilious attendance to duty, and the exactions of fines are strictly enforced in all cases of default or disobedience, which is seldom or never done, but the pro- ceedings become off-nive, the men give the legal notice of six months, and re- tire therefrom, to return to such battal- ion companies from whence they were taken, where the duty may be relaxed, if not wholly neglected; and there is nothing legally obligatory to compel their detention. This evidently is the primary cause of the inaptitude of uniform troops or companies hitherto ob- served, and one, in my estimation, that ought to be removed, and some legis- lative measures adopted, sufficiently ener- getic to counteract so prevailing an evil. There is an apparent defect in the law organizing the cavalry and artillery of the state; as relates to the artillery in- asmuch as it makes a partial arrange- ment in the establishment of a battalion brigade, while in others the company remain stationary, and the officers of which have no opportunity of prom- otion but in the line of militia, where the tactics differ from those in which they intense & early application had made them
proficients: Those companies having increased rapidly in various parts of the state, it is advisable that the same reg- ulations should operate generally. The mode of officering the militia is also ge- nerally complained of; that of prom- otion by seniority, without ability or mer- it being attached to the officer, renders the situation ruinous; but I am appre- hensive it is an evil that will be found difficult of remedy. As a subject too that requires some consideration, and one in which the prosperity of our militia is deeply involved, is an explanation of that part of the 23d Section of the act passed the 10th day of May, 1794, respecting exemptions from militia duty. "And all militia officers who have held their commissions for seven years," is con- strued to comprehend all officers since, the passing of the said act organizing the militia of the state, which creates a continual revolution in the officers, who preserve their commissions through vari- ous stations, until that period expires, which is supposed to exempt them from militia duty, when they resign their com- missions, and render no further military service to their country. I have given it as my opinion that the part of the sec- tion above alluded to, was intended to comprehend such officers only as had served the term of seven years in the re- volutionary war, and who would experi- ence oppressive sensations at being com- manded by an officer promoted from the ranks in the same company, which, in times of necessity be commanded; but this being merely opinion upon the con- struction of the law, it is hoped and confidently expected that you will take such measures as will render the point in question no longer a subject of con- tention. The adjutant-general has been engaged in visiting the regiments of militia in various parts of the state and the whole of the first division, for the purpose of inspecting and training them; so soon as I receive his report of their situation, and a general return of them, they will be laid before you. With re- spect to the forts and fortifications de- signed for the defence and protection of Charleston and its port, it is with much concern I mention the ruinous and de- cayed situation in which I viewed them. Fort Johnson in particular, is in a state of complete ruin, and no expenditure short of equivalent to rebuild the same, could possibly be applied in any manner advantageous, or could put it in more than a tolerable situation for protection or defence. Fort Moultrie, with some timely repairs, would be preserved for many years; but to secure the same from the effects of the tide, which is gradually demolishing it, the outworks and glacis should be completed, which the engineer, it appears had in contem- plation at the fortifications, as they were commenced.
Repairs are also necessary to the car- riages of the ordinance, and many of them require to be made new; the ma- terials of which they were made not be- ing good, and the exposed situation to the weather in which they remained, has rendered their decay extremely rapid. If, therefore, those posts are objects of important consideration with this state, or deemed essential for the protection and defence of Charleston and its port and harbour, it is necessary and proper that some measures should be immediate- ly taken to rebuild the decayed, and re- pair what remains repairable; as there is no probability that the United States will exert any endeavours towards its rebuilding or preservation, without this state will make a cession of the territorial right, in which case doubtless it will be attended to with avidity as an object of consideration; but how far such a mea- sure may be advisable is for your deter- mination.
I must here call your attention to a subject of the utmost importance, and what immediately interests and material- ly concerns our state; it is to urge to you the necessity of some alteration in our criminal code of laws; the due and regular administration of justice, and more particularly that portion thereof, which defines the crimes, limits the pun- ishments, and prescribes the manner of prosecution, is of the most important concern to every citizen. It is demon- strated beyond doubt, that the efficacy of laws, and due subordination to them, do not so much depend upon their rigid severity of punishment, as upon their due and certain execution. The severe pun- ishments inflicted by our penal laws too often defeat the very objects for which they were intended; experience erves to evince the truth of this asser- tion, by the many and repeated recom- mendations to the clemency and pardon of the executive; the humanity of the jurors of your courts is more excited by
the severity of the penalty attached to the crime, than they are convinced of the innocence of the accused; and in consideration of the severity thereof, have exempted the criminal from the ex- ecution of the law, by acquittal, or by recommendation to executive mercy. In those references to the attributes of ex- ecutive power, cases of extreme difficult- ty present themselves; hence arise the distressing conflicts of mind imposed upon your executive officer, in the execu- tion of your laws; that while the voice of supplication for humanity is attended to, the impulse of rigid duty claims a strict adherence. Suffer then this mo- mentous subject to occupy your serious consideration, exert your collected wis- dom to devise laws more and better adapted to our happy situation, appor- tion to the nature of offences milder punishments, and abrogate that sangu- inary system and its vices, which was calculated to meet the inhumanity of depraved ages in which they originated. With deference, then, I suggest the establishment of a Penitentiary house, which might possibly answer all the salu- tary purposes sought, and preserve the lives of many individuals, who, by be- ing punished for their crimes by confine- ment and labor, might not only hereaf- ter become useful citizens, but may be made to afford restitution to the injured, and proportionably defray the expenses of the institution for confinement. I will not presume to say that for no crime whatever, would it be found expedient to inflict the punishment of death; pre- bably in some few cases it might; but those ought to be of the most atrocious nature. This establishment, however, will be well worth an experiment (if it can be called an experiment, after the good consequences resulting therefrom in several states in the union) and will reflect satisfaction and honor, as the well earned reward of those legislators, who have devised and carried into op- eration, a system calculated to reform, through successive generations, their fel- low citizens from infamy and death, and restore them to good order, their fami- ly and society.
The pleasure will doubtless be con- siderable to you, when you are informed that the trustees of the South Carolina College, have entered into contract for the building of that valuable institution, and that the work is seen to progress with great expedition. To attempt re- counting to so enlightened a legislature, the many advantages that will conse- quently result from this beneficial work, would be to repeat what is too evident, and experience will render well known: yet, I must avail myself of this opp- unity, to delineate such as appear most prominent, and will certainly arise. Ex- clusive then of the benefits that will arise to those individuals who are educated therein, government, under the direction of those reared in the same principles, and capable of the management of her affairs, will derive still greater advan- tages in cementing the interests of the state; the youths of our state educated in the early habits of intimacy, will form attachments that will grow with them, their confidence will prove as lasting as acquaintance, and when the charge of government devolves on this rising gen- eration, those attachments will produce the most happy effects, and will tend to the complete annihilation of all divisions in our state, and destroy jealousies and mistrust; while friendship will find mu- nificence in minds highly cultivated, and ensure a just regard for the whole state, divested of confined partialities for par- ticular parts. But this important work is not to be effected in a day; it will re- quire time to accomplish it, and bring about those happy consequences that can now be enjoyed only by anticipation; and when the system goes into operation it will be calculated for the advanced stage of education: It will surely then be promoting incalculable good, to af- ford legislative aid and support, to estab- lish seminaries of learning in every dis- trict in the state, when the diffusion of knowledge may be extended to every class of your citizens to which it ought to be rendered accessible, and where they will be prepared to derive the ad- vantages of the state college. You will thus not only be able to acquire for the public service, the most distinguished ab- ilities, in whatever station they may be placed, and which otherwise would have been lost in oblivion; but you will in- culcate generally among the citizens, the manners, knowledge and informa- tion, that will prove the grand security to the lasting preservation of our pres- ent government. It has long been a fource of grateful satisfaction to me, to view science and genius presenting themselves in various directions over our
state, in youths of worth and merit, and their wisdom distinguished for the gen- eral good; I am fondly induced to hope, under your liberal patronage, to see those valuable instruments rapidly mul- tiply, and strengthen your government against innovation and factions; for edu- cation in an elective government, re- quires more the attention of the public, than in any other; it capacitates the mind to think and act judiciously, and eradicates the mischief produced by igno- rance; this government is elective and emanates from the choice of its citizens, where no distinctions are known but those which flow from merit and talents, and no promotion from birth or title. Your first magistrate of the union may be chosen from among them, the mem- bers that compose your national and state councils, and the judges of your lives, privileges and property, are chosen from them and by them, they are the arbiters of right and wrong; to them are submitted the adjustment of all your differences, and on the propriety of their choice and good sense, depend the wis- dom of your rulers, and the decisions of your courts of justice. How essential then, that the mind should be sufficiently enlightened, on which devolves the dis- charge of those great and important duties. Withhold not, fellow citizens, your generous support, whenever it shall be found expedient, to further into complete operation this invaluable insti- tution, that will redound honor upon the legislators who thus provide the means of happiness for posterity.
On the claim of the French republic to the debt due the prince of Luxem- burg from this state, so soon as I am furnished with the resolution of the leg- islature respecting it, I communicated their desire to Monsieur Pichon, Chargé des Affairs of the French republic, and urged him to prosecute any claim that his government might have, against this administration or representatives of the prince of Luxemburg in this state; and further desired if that government should have any claim against this state, that the same should be immediately made known, and a statement thereof furnish- ed me; when his answer is received, it shall be transmitted to you without de- lay. To ascertain the legal claimant of this debt, is deserving investigation; and with deference I recommend that measures be directed to effect that object, as the debt has been long due, and ought in justice to be discharged; for although the state has funds set apart for the pay- ment thereof, which are to be applied as to prevent the incurring any loss by the augmentation of interest, yet the affairs of state are thereby rendered intricate, which ought always to be avoided, and every possible means adopted to place them clear and explicit.
All possible vigilance, and my best ex- ertions, have been used to carry eff- icaciously into operation the law prohibiting the importation of negroes into this state; but it is with concern I have here to state to you, that it has been without success; whether it must be attributed principally to the ill consequences that are apprehended would result from car- rying the law into operation, by eman- cipating the negroes so brought in, (a remedy deemed more mischievous than the evil of their introduction in servi- tude,) or whether the interest of the citizens is so interwoven with that spe- cies of property, that it prevents their aiding the law in answering the salutary purposes intended, I will not presume to determine; but I am inclined to believe both causes operate as preventatives, for those people are continued to be brought into the state, beyond the possibility of prevention. In all laws intended for the general benefit, they should be so cal- culated, that their operation should be found equal in every part of the state; when this is not the case, it evinces that there is some radical defect therein, or it is inimical to the interest of the citi- zens; with this law, such is the situa- tion; for in the present state of things, the citizens in the frontier and sea coast districts, do accumulate this property without the possibility of being detected, while those of the interior and middle districts only experience the operation of that law; from their remote situa- tion of introducing this property, they are deprived of that security to evade the vigilant eyes of the officers of gov- ernment. Whatever defects were ex- perienced in this law, and however in- effectual it has been found, and from whatsoever cause, I was induced to hope the provisions made in the law of Con- gress to prevent the introduction of that property into such states, where, by their laws the same had been prohibi- ted, would prove successful in its oper- ation, and ensure the desired object of

prevision; but that also, has not been productive of the purposes contemplated, from not meeting that support from the citizens, which the laws of the government ought. This is indeed, a circumstance to be lamented, but such is the true state of the situation, and therefore it becomes a subject worthy of your consideration, and one that I trust will engage your endeavors to render equally energetic in every part of the state, that law, which experience has proved partial in its operation, and which is operative upon such citizens in the interior districts, as hold it an object of desire, to augment their capital in the accumulation of that property.
I attended with the committee appointed to examine and burn the paper medium of circulation in the state, and destroyed the sum of forty-seven thousand six hundred and seventy-five pounds, equal to 204,072 dollars 85 cents. As the desire of the legislature thus manifested, has nearly destroyed all the circulating money, not immediately represented by specie, it would comport with consistency, and meet the wishes and expectations of the citizens to continue the procedure until the whole shall be destroyed. As a subject that appertains to the foregoing, it would not be improper that your act, it should be given to the lands mortgaged for that money, and to direct the sale of such as have been bought in for the state, in order that that branch of our finances may be brought to as early a close as possible.
In pursuance of the resolution of the 15th December last, I communicated with the governor of the state of North Carolina, upon the subject of the boundary line between that state and the state of South Carolina, and have expressed the desire on the part of this state, for the adjustment of a difference which has so long existed a subject of contention, and which has been manifested by the repeated endeavors of preceding legislatures to effect an amicable determination of it. So soon as I receive information from the executive of that state respecting the business of boundary, it shall be my business to inform you on that subject, and be transformed.
I have conferred with the comptroller general respecting the claim brought to the view of the legislature at their last session, which it appeared this state had against the Spanish government, for the services of the South Carolina frigate; who, at that period had received no information to communicate, sufficient to authorize my pursuing the measures prescribed by the resolution on that business; whenever such shall be made me by that officer, it will engage my immediate and unremitted attention, to obtain an adequate remuneration.
One other subject remains, to which I must call your attention. By the judiciary law, the courts of justice for the district of Charleston, are authorized to continue in session five weeks; the jurors who are drawn from various parts of the district, (many of the most remote from where the courts are held) are called forth to attend thereon that tedious term, and often leave their domestic occupations, at the most critical seasons of the year with the agricultural part of the community. In this discharge of duty, as necessary as it is important, every individual no doubt, is disposed to yield a proportion of his time for the benefit of the community, and for the exercise of one of the grand privileges guaranteed by the constitution; but when this becomes a burthen of magnitude, it becomes the endeavor of every citizen to avoid that duty by every possible means; and when no excuse will longer avail, the fines imposed by law, are paid by every individual living remote, whose situation will admit of it, to prevent the compliance with that duty which is deemed oppressive. Hence arise the many and frequent delinquencies of jurors summoned to attend the courts in Charleston; and hence the great oppression upon those citizens, whose residence is contiguous thereto. To obviate this evil, if the fines were increased in that particular district, to render more compulsory the attendance of jurors, it would have an appearance of partiality, and present a mode still more oppressive, without effecting the purposes intended, of affording the courts of that district the benefit of those excellent juries which it is so capable of producing. To remedy a disadvantage to the courts, and the oppression to the citizens, which appeared to your judges of magnitude and moment, they adopted a regulation of drawing a jury for each week that the courts were entitled to sit, which had a tendency to augment the fine, and equalize the duty of a juror, with those of every other district in the state. This has been found to produce beneficial consequences, and has reduced the delinquencies, and been the means of furnishing the courts of that district, the best juries they have ever had since the operation of the late judiciary system. I therefore suggest the propriety of your legalizing the plan pursued by the courts, as the best calculated from experience, to produce the valued objects sought.
Suffer me, fellow citizens, to urge your attention to the expeditions despatch of public business, the firm estab-
lishment of the credit of your state, by a prompt discharge of her debts, and to the encouragement of a nervous cement with the general government. These are objects of the first consideration, as such must impress your minds, and when made the leading measures of your systems, will secure with the blessings of Divine Providence, our safety and happiness, and enable us to hand to posterity, those regulations, which will merit imitation. My co-operations shall be prompt and steadfast in every measure that rests with the executive department.
JAMES B. RICHARDSON. Columbia, Nov. 24, 1803.
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, Dec. 6, 1803.
The order of the day, for the House to resolve itself into a committee on the AMENDMENT TO THE CONSTITUTION, received from the Senate, was called for.
MR. R. GRISWOLD. The House of Representatives some time since passed a resolution, amendatory of the constitution, and sent it to the Senate for their concurrence. Of this resolution the Senate have taken no notice; but have sent us, a different resolution on the same subject. This proceeding is, I think, unprecedented and unparliamentary; and I think we ought not to decide upon this resolution until the Senate shall have answered our resolution. I move, therefore, a postponement of the resolution from the Senate, until to-morrow.
MR. ELLIOT hoped the consideration of the resolution from the Senate would not be postponed until to-morrow. How far it was proper to impeach the correctness of the course pursued by that body, it was not for him to say. Should they, on any occasion, invade the rights or the dignity of that House, no member would be found more ready to repeal the invasion. In this case the Senate have sent us a proposition, embracing the same principle contained in our amendment, with other principles. He hoped, therefore, the House would immediately proceed to give the subject that attention which its intrinsic merits deserved.
MR. DAWSON only rose to correct the gentleman from Connecticut as to precedent. It must be in the recollection of every gentleman on the floor, that the Senate have frequently sent us bills on the same subject with bills sent by us to them.
MR. R. GRISWOLD wished the gentleman from Virginia would name an instance. He never knew a bill sent to the Senate, which they neglected acting on, and in the room of which sent one of their own.
The question was then taken on Mr. Griswold's motion, and lost—Ayes 32.
MR. R. GRISWOLD. I will submit another motion, to wit: that the committee of the whole be discharged from the further consideration of the resolution of the Senate. My grounds for this motion are these; that this resolution has not been transmitted to us by a constitutional number of Senators, and therefore, that the House cannot act upon it.
Mr. Dawson enquired if the motion were in order.
Mr. Speaker said it was in order.
MR. R. GRISWOLD. The principle, I assume, is that this resolution has not passed the Senate by a constitutional majority of that branch of the legislature. By a certificate, obtained from the secretary of that body, it appears that the resolution was passed by the votes of twenty two members in favor of it; twenty two voting in the affirmative, and ten in the negative. It is known to every gentleman that the Senate consists of 34 members, and that it consequently requires twenty three to constitute two thirds of its members. The principle, I assume, is that it requires two thirds of the members of each House to pass a resolution proposing to alter the Constitution. The article of the constitution on this point is the 5th. It is thus expressed: "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution." The question is what is here meant by a House? Is it merely a majority of the Senators or Representatives; or is it the whole and entire number? To decide this point, we must refer to other parts of the constitution where the word House is used. I hope gentlemen will critically attend to the words used, and from that attention form their opinions. The 3rd section of the 1st article is thus expressed: "The Senate of the United States shall be composed of two Senators from each state." Two Senators then from each state are declared to constitute a Senate. A Senate of the United States cannot, therefore, be composed but of two Senators from each state. One House referred to in the 5th article is the Senate. If then it be necessary that there should be two mem-
bers from each state to compose a Senate, the House of the Senate cannot be composed but of two members from each state. This is corroborated by other parts of the Constitution. In the 5th section of the 1st article, it is said, "Each House shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business."—A majority of each—Of what?—Of each House shall constitute a quorum to do business. This expression is a fair commentary on the other section which I have read. "A majority of each House shall constitute a quorum to do business." The inference is that the constitution, when it declares that, "the Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this constitution," requires that the proposing them shall be made by two thirds of the whole number of members constituting the Senate.
There are cases in the constitution, where the concurrence of two thirds of each branch of the legislature is required for the performance of certain acts, which is a further commentary on this article of the constitution. In the case of impeachments it is provided that the Senate shall try all impeachments; but no person shall be convicted without the concurrence of two thirds of the members present. The word present is introduced. For what purpose, if it was not the opinion of the framers of the constitution that, without it, two thirds of all the members of the body would be necessary to a conviction?
The same expression is used in the case of treaties. The President "shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur." Why use here this expression "two thirds of the Senators present," unless it was considered necessary to qualify the expression, from the conviction that otherwise it would mean two thirds of the whole body?
On this ground I apprehend that this resolution has not come constitutionally before us. It has not passed the Senate with the concurrence of two thirds of the whole body. It has only received the votes of twenty two Senators, which do not make two thirds. I therefore move that the committee of the whole be discharged from the further consideration of it.
MR. J. RANDOLPH. There are frequent occasions, on which it is necessary to answer doctrines advanced, not on account of their intrinsic merit, but on account of the weight of character of those by whom they are advanced. This is one of those cases. Had the arguments delivered to day by the gentleman from Connecticut fallen from a less respectable quarter, I should have deemed them unworthy of reply, and have finished myself with a silent vote.
The gentleman, with an ingenuity peculiarly unfortunate, has quoted the very clauses and sections of the Constitution which disprove the opinions he has advanced. To these I beg the attention of the House for a moment. He has attempted to sustain the position that two thirds of both Houses must imply two thirds of the whole number of each House respectively.—If I have misstated the gentleman, I beg to be corrected [MR. R. here paused.] As there is no disposition to correct my statement, I presume I am correct. If this be the case, are we at this moment a House? If the term House means the whole number of members, can there be a House unless the whole number are present? Can there, therefore, be a House or a Senate so long as a single member is absent?
But it is said that the Constitution, wisely foreseeing this dilemma, has provided that a majority of each House shall constitute a quorum to do business—Now I ask is a majority a quorum or a House? If it is not a House, but merely a quorum, it will be absolutely necessary that we alter our language as well as our journals, and say, not that the House, but a quorum met to transact business, &c.
"Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two thirds, expel a member." Will the gentleman hold on this door that it requires two thirds of the whole body to expel a disorderly member? Will he deny that two thirds of those present may expel in such a case, and that they are competent in all cases mentioned in the Constitution? I will call the attention of the House to a fact. The session before the last, the House passed an amendment to the Constitution, similar in principle to the present, by the votes of two thirds of the members present; when too there was little more than a bare quorum present. I might answer the doctrine, advanced this day, by saying the practice under the Constitution is already settled. I might ask the gentlemen where was this constitutional objection then? Why was it then permitted to pass? Why was the House permitted to do so unconstitutional an act, when there was but a bare quorum? I should be glad to receive to these questions a satisfactory answer.
"Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgement require secrecy; and the Yeas and Nays of the members of either House on any question, shall, at the desire of one fifth of those present, be entered on the Journal."—Now, according to the doctrine of the gentleman, unless the whole body is present, the Yeas and Nays cannot be entered, because there is no House unless all the members are present.
The gentleman enquires why the Constitution has so sedulously directed that in certain cases the concurrence of two thirds of the members present shall be required. For an obvious reason. The Constitution could not ascertain the number of which the two Houses would consist, from their varying numbers, and therefore has required, that in certain cases, two thirds of those present shall be required.
The article of the Constitution, on which the gentleman relies, is that "Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments."—When two thirds shall deem it necessary. The sense then in this case is to be determined by the exposition given to the term House. I again ask have, or have not the House met to day? They have. I ask are we so met the House of Representatives? We undoubtedly are. I, & whether it is not in order to move to expel a disorderly member, or to adjourn? And I ask if the solemn business on which we are now acting shall be defeated by a mere play upon words, that would much better fit a subordinate court than this body. Believing that no doubt can be entertained of the just meaning of this article of the Constitution either by the House or by the nation, I hope the Committee of the whole will not be discharged.
MR. LOWNDES. I agree with the gentleman from Virginia that we are a House. The constitution lays, that a majority shall constitute a quorum for the performance of ordinary business. But it appears to me very doubtful whether less than two thirds of the whole members of each House can pass an amendment to the constitution. It is possible that the practice of the House heretofore may settle the point. I hope therefore the House will refer it to a select committee to obtain its investigation. Until I took my seat I was not aware of the objection; but, since I have considered the subject, it does appear to me that two thirds of the whole members are necessary in this case. I will assign my reasons for this opinion. The framers of the constitution, I have no doubt, intended to oppose difficulties to the alteration of it, and therefore required the previous concurrence of two thirds of the whole members of each House, and three fourths of the legislatures of the respective states. And they did this very wisely. Without the assistance of such obstacles to a change, not a session of Congress would pass away, without materially altering the national compact. If this construction be adopted, the result will be certain, and it will be in the power of every man to ascertain it. It is not, the result will be perfectly uncertain. For even less than a majority of the whole body may, in such case, propose amendments. A majority of 34 is 18. Eighteen, therefore, is a majority of the Senate to do ordinary business. Two thirds of eighteen are twelve, which is less than a majority of all the members of the Senate. If then, the doctrine of the gentleman from Virginia prevail, less than a majority of all the members of the Senate and House of Representatives may propose amendments. This is not, in my opinion, the spirit of the constitution. For these reasons I am in favor of the motion with a view that the subject may be referred to a select committee.
MR. EUSTIS. If the construction of the gentleman from Connecticut be correct, I will ask how it can be reconciled with the practice under the constitution, in the case of bills on which the President has put his veto. In the 7th section of the 1st. art. it is provided that "every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law." I will ask, if, according to the construction of the gentleman from Connecticut, it will be in the power of the two Houses, in any case, to pass a bill, having thus received the President's veto, unless they consist of the full number of members, which I believe will never be the case. It appears to me that a bill under such circumstances can never pass. But this doctrine does not rest here. For by the constitution amendments shall be
proposed, whenever two thirds of both Houses shall deem it necessary. Now if this doctrine applies to this legislature that it must be full, it appears to me that the same requisition will apply to the legislatures who are finally to adopt the amendments proposed by Congress. Has it ever been known that either this legislature, or the legislatures of the states, were completely full. Consequently the doctrine renders it impossible for any amendment ever to be carried.
MR. THOMAS rose to state, from the Journals of the Senate in what light they contemplated the doctrine advanced by the gentleman from Connecticut. By the Journal of their proceedings in the year 1789, it appears that on amendments, made by the House of Representatives, a concurrence was voted, though there were only 16 members out of 26 present. There did not appear to be any division on the passage of the amendments; but the entry was in this form. "In Senate, Sept. 9. 1789."
"Resolved, That the Senate do concur in the Resolves of the House of Representatives, or "Articles to be proposed to the legislatures of the States, as amendments to the Constitution of the United States," with the amendments, two thirds of the Senators present concurring therein."
MR. SMILIE. It is well enough to understand what is meant in the constitution by the term House. I believe that the general rule prescribed is that a majority of the House is capable of doing business. What business? All that is not specially excepted. I believe also that it is a sound principle that, whenever there is an exception to a general rule, it shall be construed strictly, and not be suffered to contravene the general rule but in the case of the exception. By Congress then is meant the two Houses in their organized forms, in which forms they are fully competent to all business, except in cases where more than a majority is required. To this there are two exceptions, viz. in the case of treaties, and the election of a President, wherein a quorum is made to consist of a member or members from two thirds of the states. There is also another exception in the case of impeachments. What is the reason, if it is the intention of the constitution that in proposing amendments, there should be two thirds of the whole number of Senators elected present, it has not told us so, as explicitly as in the case of impeachment, in the case of treaties, and the election of a President, it has provided the rule.—Gentlemen should likewise reflect how far this doctrine carries them. They ought to consider that it is possible that, under their construction, no amendment made to the constitution is valid. If some are, it is pretty certain that others are not.
MR. THATCHER. I have examined the constitution as carefully as time will permit, in every instance in which the Senate is mentioned as a House. The Senate is defined as "composed of two Senators from each state." In this article there is a complete definition of the Senate. But there are two instances in which the members present are particularly designated. The first is in the last part of the 3rd section in cases of impeachment. "The Senate shall have the sole power to try all impeachments." "No person shall be convicted without the concurrence of two thirds of the members present." The other instance is in the 2nd section of the 2nd article. "The President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur." In these two instances the only allusion is to the members present. The other instances, in which the Senate is mentioned as a House are three. The first is in the case of the expulsion of a member, "Each House may, with the concurrence of two thirds expel a member." Another instance is that in which the President puts his veto upon a bill. This part of the constitution has been already read and I need not repeat it. The last is the one under consideration. "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments." I believe that in this clause it is intended by the constitution that two thirds of the Senate, composed of two members from each state, should concur; that is, two thirds of the whole body.
The idea of the gentleman from South-Carolina (Mr. Lowndes) has struck me very forcibly. He says that under the construction attempted to be put on the constitution, twelve members of the Senate will be sufficient to propose amendments. The same doctrine will apply to this House, where 45 members may propose amendments, although 72 are required to make a common quorum. Gentlemen will see at once that this could not have been the intention of the framers of the constitution. But my colleague (Dr. Eustis) says, that if our construction prevail, whereby the concurrence of two thirds of the whole members of each House is required, the same construction will extend to the state legislatures. But the article in the constitution does not warrant this conclusion. Its language is that amendments shall be valid "when ratified by the legisla-

tures of three-fourths of the several states." There is no idea expressed that the concurrence of two-thirds of the legislatures shall be necessary. Hence I see no weight in this remark.
Dr. Eustis explained.—He had no idea that two-thirds of the state legislatures were required; but he had said that the House might, with the same propriety require the sanction of two-thirds of all the members of the state legislatures as of the other branch of Congress.
Mr. Thatcher proceeded. The gentleman from New-York (Mr. Thomas) is equally unfortunate. By recurring to the Journals of the Senate for the year 1789, it will be found that several states were not then in the confederacy. Rhode-Island, North Carolina, and Vermont were not then in the union.
Mr. Thomas explained. He said he had referred to the Journals of the Senate to show that, by declaring amendments carried by two-thirds of the members present, they had considered two-thirds of the members present a constitutional majority.
Mr. Thatcher . The gentleman from Pennsylvania has cautioned us against going too far. Caution I would myself advocate. He lays the amendments heretofore adopted are not valid, in case our constitution be fully inasmuch as they were passed by less than two-thirds of the whole members of each branch. But he has shown no precedent. Such precedent it is, incumbent on gentlemen to advance. There is none within my knowledge.
Mr. J. Randolph . I rise to adduce the precedents the gentleman calls for. They will be found in the Journal of the House of Representatives, under the date of August 21, 1789. Congress then consisted of thirteen original states, excepting Rhode Island and North Carolina. It will be found that the whole number of members of the House of Representatives at that time was 59. Of those 59, 40 composed two thirds. By turning to the Journal, the gentleman will perceive that some of the most important amendments that now form a part of the Constitution were passed, not by 40 members, but by two-thirds of the members present. Among these amendments are the following:
"Congress shall make no law establishing religion, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed."
"The freedom of speech, and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed."
"A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed; but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person."
"No soldier shall in time of peace be quartered in any house, without the consent of the owner; nor in time of war but in a manner to be prescribed by law."
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly the place to be searched, and the persons or things to be seized."
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence."
These are by far the greater number of amendments that now exist, and which, according to the doctrines of gentlemen, compose no part of the constitution, and ought to be expunged from our records. I hope the House is not disposed to countenance such a doctrine.
Mr. G. W. Campbell . I do not rise to enquire into the intrinsic merits of the arguments advanced by the gentleman from Connecticut, but to demand by what authority we make the enquiry into the vote given by the Senate on this occasion. We have received a resolution from the Senate in a regular way by which it appears to have been passed by a constitutional majority. I am at a loss to know how the gentleman can ascertain that it is not passed by a constitutional majority. I believe each House is a judge of its own proceedings; and I believe that when a resolution or bill comes to this House under the usual forms, we are bound to consider it as passed conformably to the constitution.
Mr. Campbell said he believed by an examination of the Constitution, it would be found that the word House was used barely to designate the number of members to which each state was entitled; and that when they came to do business they were called a House . In the 5th section, the term House is used in three places. In the 1st, it is stated
that "each House may determine the rules of its proceedings &c." Here the word House must mean a quorum . "Each House shall keep a Journal, &c." The meaning, here, likewise, of House must be a quorum . There is another instance not noticed by gentlemen—"Neither House, during the session of Congress, shall without the consent of the other, adjourn for more than three days, &c." I will ask, if the question is the definition of the word House , whether this single paragraph will not clearly establish it. Can it be laid with any degree of plausibility that in this instance, the word House means any thing more than a quorum . Certainly the word in the 5th section means the same thing, unless there is some restrictive language attached to it, which is not to be found. I believe also that the construction, proper to be given on this, as well as on other occasions, ought to comport with the practical sense of mankind.
Mr. Dana .—The gentleman asks by what authority we examine the manner in which this resolution has passed the Senate. I will endeavor to answer the enquiry. The constitution lays each House shall keep a Journal of its proceedings. The Senate keeps a Journal, which is public, and from that we are enabled to ascertain the fact how it passed. This is a sufficient authority to enquire.
The question, I apprehend to be decided, is whether two thirds of a House can be less than a majority? Frequent reference has been had to the 5th sec. of the 1st article of the constitution;—"A majority of each House shall be a quorum to do business."—What then is this majority?—A majority of the whole.—When the constitution in another place requires two thirds, will it be said that two thirds is less than a majority? In examining the constitution it will be found that it is not the ordinary business of Congress to amend the constitution; it is not a usual legislative power; it is an unusual power for those with limited authority to change or extend or limit their own power. In doing this then Congress does not act in their legislative capacity. In all instances in which they do act in such capacity, their acts must be submitted to the President for his approbation. Whereas in proposing an amendment to the constitution this is not necessary. Why? Because the measure does not partake of legislative character; it is in virtue of a special grant of power. As then in this case there is a complete deviation from the ordinary authority of Congress, as there is a deviation from the principle of the constitution which confers limited powers, as there is a deviation from the general principle of agency, it ought not to authorize a change but on the agreement of a majority of the whole members composing the confederacy. To the gentlemen from Massachusetts (Dr. Eustis) I answer that there is no precedent of a bill passed, returned by the President with his veto. The question is the same in that case as in this. There is no precedent for either; that is undecided, and to settle one case which is undecided, reference is had by gentlemen to a case equally diput-d. These are the principal ideas, which have occurred to me, in addition to those suggested by others, and which I forbear to repeat.
Mr. Thatcher said that in the cases alluded to by the gentleman from Virginia (Mr. Randolph) the yeas and nays were not taken: it therefore did not appear what the majority was. He admitted, that from the language of the Journal, the Clerk or the House entertained the idea that the concurrence of two-thirds of the members present was sufficient; but such an opinion was not binding upon them.
Mr. Rodney .—Notwithstanding the respect I entertain for the opinion of the gentlemen who support this construction of the constitution, it seems to me to be utterly without foundation. The ideas of the gentleman from Tennessee (Mr. Campbell) are, I think, conclusive.—That gentleman has asked by what authority we enquire into the proceedings of the Senate, of which they are exclusively the constitutional judges. It is replied that they are obliged to keep a public journal, and that it appears therefrom that this amendment has not received the votes of a constitutional majority. Is this a fair answer? By the constitution each House may determine the rules of its own proceedings. If the Senate then have a right to decide on their own rules, they are the only competent judges whether the amendment has been approved by the number which the constitution requires. On what foundation is this objection taken? Do we know the proceedings of the Senate but through the medium which the constitution has provided? We have received then this amendment to the constitution through their legitimate organ, the Clerk. He has in due form notified us of its passage. And to day we are told, on the evidence of his certificate that the Senate has not passed it at all, or what is the same thing, that they have not passed it by a constitutional majority. Now, are we to believe the information we have received from the Senate in the regular and established
way, or are we to take their proceedings on a certificate given to a number of this House? Are we to take this information from them or are we to send a committee to watch their proceedings, and are they to send a committee to watch ours. Surely there is a respect due to the Senate when they transmit to us a resolution declared to be adopted by them, by which we are bound to give credit to it. If this is not the case, all intercourse between the two Houses must be stopped. For if the Senate are to watch us to determine by what majority and in what manner our acts are passed, and we do the same in relation to their proceedings, we may consume the whole time of the session in discussing these previous questions, without reaching the merits of the measures proposed. These ideas appear to me conclusive. The Constitution is predicated on the existence of a principle of moral integrity in the two Houses, and without such confidence in them it cannot exist for a day.
But putting the fact, as the gentleman from Connecticut has stated it, I think this resolution has passed the Senate by a constitutional majority. The gentleman contends that it has not, because it has not received the assent of two thirds of all the Senators elected; he lays that when the Constitution requires the assent of two thirds only of the members present, was always found it expressly so stated, whereas when it requires two thirds of either House, it merely calls for two thirds of the members; and he contends that there is here a wide distinction and essential difference in the meaning. But all this arises from a mere play upon the term House . That term, according to the gentleman, is of wonderful import! He has now discovered that at the first organization of the government, when every sentiment that gave it birth was fresh on the recollection, when we find among others two venerable members from the state of Delaware, members of the Senate and likewise members of the federal Convention, giving their assent to amendments to the constitution, all these proceedings were unconstitutional. How was the assent of the two Houses to these amendments given? Was it by two thirds of all the members of each House? The Journal proves the reverse to have been the fact. It expressly says they were adopted by two thirds of the Senators present concurring. It is said however that this is only the record of the Clerk, and that it shews no more than his opinion. But this is not so. For it is the practice of each House on the next day, to read the Journal of the proceedings of the antecedent day, and if there be errors to correct them. Now, if we look to this record, at a period immediately after the adoption of the Constitution, we shall find that in September 1789, it is declared on the Journal of the Senate that amendments passed, and which are now part of the constitution, were ratified by two thirds of the members present.
I have ever understood it to be a sound rule of construction, because a sound rule of reason, that a construction of an instrument once received shall not be changed, even if the construction be not so proper as might be given. As then it appears that such was the construction given to the constitution by many of the members whose labours contributed to its formation, and who may, therefore, be considered as the most perfect masters of its true meaning, shall we at this distant day undertake to give a different construction? Shall we lay that we are wiser than all who have gone before us, and expunge from the Constitution those amendments, which have been proposed by two thirds of the members present of each House, and have been afterwards ratified by three fourths of the states?
I believe this construction to be the true one. In the constitution the term House means merely a majority of all the members; and an examination of that instrument will shew them that House and Quorum are convertible terms. "Each House shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide." According to the distinction of gentlemen a majority shall be a quorum . Thus a majority, being assembled, may proceed to business.—Now let us see how we are to legislate. We must, according to the arguments of gentlemen, work night and day until we get the whole members present. We have, therefore, been transgressing the Constitution every day we have met. We have made rules—by a great quorum , it is true, but every member was not present—and if every member were not present it was not a House , and therefore we had no right to form rules! And yet every gentleman knows that some rules are absolutely necessary. "The Yeas and Nays of the members of either House on any question, shall, at the desire of one fifth of those present, be entered on the journal." Therefore, we cannot have the Yeas and Nays entered unless every member be present!—
"Neither House shall, without the consent of the other, adjourn for more than three days."—In every clause of this particular section the term House is made use of. The House is to determine its rules, and to keep a journal. Gentlemen then must admit, if they are right in their construction, that, without the presence of every member there can be no rules and no journal, and that though we are obliged to keep working without rule or record, yet we cannot adjourn. Is this, Mr. Speaker, possible? Do gentlemen seriously contend for such an absurdity?
Gentlemen have referred to a section of the Constitution where two thirds of the members present are required, and to other sections where a different language is used; and have thence inferred that a different meaning was intended. But I believe we may use different terms and yet mean the same thing. In the case of treaties and impeachments different language is used to convey the same meaning. If then in these cases different language is used to mean the same thing, will not the like liberty be allowed in other cases? I do not know that the framers of a settlement are bound to use on all occasions the same words to convey the same idea, more than the members of this House are. (To be continued.)
WASHINGTON CITY.
MONDAY, DECEMBER 19.
Extract of a letter from a gentleman who some time since travelled through the Western country.
"Late in the fall of the year 1798 as I went down the Ohio in company with 3 or 4 others, we lodged one night at a house on the bank of the river opposite to the upper end of a small island about 13 miles above Marietta, in the morning our landlord asked us if we would go over to the island to see the big tree. I had several years before heard of a remarkably large tree some where on the Ohio, but had not recollected, neither had I much curiosity to see it—however the company being very desirous to go, I went with them—the island is supposed to contain about 10 or 12 acres of land, lying low, just above high water. I thought it one of the finest or richest pieces of land I had ever seen. At a few paces from the shore our conductor brought us to the stump of a large tree, indeed. The stump was about 12, or 15 feet high, and being hollow, there was a kind of door cut in one side, where I went in, the shell was about 2 or 3 inches thick, and the cavity nearly circular. We had the curiosity to measure the diameter on the ground inside, and found it upwards of 18 feet, and as high as we could reach up, it was about 13 and a half feet on the outside, on the ground, the circumference was about 60 feet, but not quite so much higher up, though it kept its thickness remarkably. The tree had two large branches or limbs, which were broken down, and had fallen in opposite directions. One of these limbs, at the distance of 20 steps, or about 60 feet from the root of the tree, we all supposed to be 6 feet in diameter, the other I did not so particularly attend to, but one of the young men in company told me he had stood upright in the hollow, in this end of it, as it lay near the root of the stump. These branches had separated from each other, perhaps 15 or 20 feet high."
HOUSE OF REPRESENTATIVES.
FRIDAY, December 16.
A message was received from the Senate stating that they had passed the salary bill, with sundry amendments—also that they had resolved to postpone till the 1st Monday of September, the amendment to the Constitution first to them by the House of Representatives.
[This is the amendment, in lieu of which the Amendment agreed to by the two Houses was passed.]
The House went into committee of the whole—Mr. Dawson in the chair—on the bill giving effect to the laws of the United States, in the territory ceded by France to the United States.
The amendment of Mr. Lattimore, having for object the preservation of a port of entry in the Mississippi territory, was again taken into consideration. Mr. Lattimore moved that the committee should rise, to allow further time for obtaining information.
This motion was supported by Messrs. Lattimore and Sandford; and opposed by Messrs. J. Clay and J. Randolph; and lost—Ayes 48—Noes 50.
Messrs. Lattimore, Gregg, Sandford and Grifield then spoke in favor of the amendment; and Messrs. J. Randolph, S. L. Mitchell, J. Clay, Euliss, Macon, and Vauclain against it. When the question was taken on it, and carried in the negative—Ayes 25.
Mr. Lyon offered a motion to exempt from duty goods exported from Louisiana, to the ports of the United States, since the 22nd day of October last.
This motion was opposed by Messrs. J. Randolph and J. Clay, and rejected without a division.
The committee then rose and reported the bill with several amendments, which the House immediately considered, and agreed to with other amendments, when the bill was ordered to a third reading on Monday.
PHILADELPHIA.
Wednesday, Dec. 14, 1803.
By the Mail from New Orleans we learn that on the 19th, a Spanish frigate had just arrived in the river Mississippi with herie to pay off the Spanish civil and military establishment there prior to the removal of those of the Spanish officers who chose not to remain.
Various articles of subordinate importance have reached us by the same medium.
It was understood at New Orleans that the marquis Calvo had been sent to New Orleans, by his court to arrange with the French commissioner (Laudat) the delivery of the colony to France. A disposition however was manifested on the part of the old incumbents of office under the Spanish government, and who still remained under the circumstances of the case in discharge of their functions, to procrastinate the delivery of the colony to the United States as long as possible. This we are assured did not arise from any hostile disposition of the government of Spain but from the desire of the individuals to hold Nations, under which a most extensive and uniform system of bribery had been exercised in every department of the inferior administration. The love of office, however, is not likely to be gratified in this respect—as we learn from another quarter, that our government, which it has been so customary to designate as pusillanimous and destitute of energy, has directed that the place be taken possession of first according to treaty—and to palaver afterwards.
Gen. Wilkinson left Pensacola on the 5th November, for the head quarters of the United States detachment, at Fort Adams—whence he was to proceed for New Orleans with an escort of about 2000 men, on or about the 20th inst.
Gen. Wilkinson's detachment is thought sufficient to do the honors which courtesy requires—our nation received the favor, a little holiday parade and rejoicing is a cheap service on the occasion.
The Americans resident at New Orleans at this time, are said to be very numerous—and great hilarity is expected to take place at the transfer of the sovereignty of Louisiana.
The Lodges No. 15 and 35, will leave their Lodge Room at 11 o'clock A. M. on St. John the Evangelist's Day, and proceed to the EPISCOPAL CHURCH in this City, where a Masonic Discourse will be delivered by the Rev. Brother A. T. McCormick .—The attendance of all regular Masons is requested.
In the case of JAMES McDONALD, A BANKRUPT.
This is to give notice that the commissioners named and authorized in a commission of bankruptcy awarded and issued against James McD'onald of Washington county in the district of Columbia dealer and Chapman—to meet on the third day of January next, at four o'clock in the afternoon of that day, at the house of William Rhodes Inn keeper in the city of Washington, where the creditors who have not already proved their debts may then and there come and prove the same, and assent or dissent from the allowance of the certificate to said bankrupt.
By order of the commissioners, LEWIS FORD, Sec. Dec. 19—3t
NEW STORE, WHOLESALE & RETAIL.
THE subscriber respectfully informs the public that he has opened a store in Bridge Street, near High Street, at the left, running from the city, where he will sell very cheap the following fresh imported goods:
Superfine and second London mens' and childrens' hats, first and second broad cloth, cassimeres, costing a d naps of a variety of the new & fashionable colors, flannels, linen of the very finest and middle sort, Ormsburg, cambric, cambric mullin, laces, cotton, calicoes, fancy waistcoats, English and French silk stockings and gloves, worsted hosiery, handkerchiefs, silk and other threads, fringes, gold and silver watches, razors, pen knives, &c. &c.
The subscriber has a large quantity of broad cloth, cassimeres, coasings, &c on hand which he wishes to sell off, and offers them therefore by wholesale at the very low price of 115 advance.
I. H. W. PATRO. George Town 19th Dec.—3tattwtf
LECTURES.
THE public are respectfully informed that the delivery of the Lectures by the Subscriber, is postponed until after the holidays, and due notice will be given the subscribers and the public of their commencement.
ROBERT W. PEACOCK. Washington, Dec. 17, 1803.

PROPOSAL
For carrying the United States mails on the following post roads will be received at the General post office in Washington city, until the 1st day of February next inclusive.
 1. From Wilmington Delaware, by New Castle, St. Georgetown, Cantwells bridge, Duck Creek, Dover and Frederica, to Milford, three times a week. May 1, to November 1.  2. From Milford by Georgetown, Trap, Snowhill, Horntown and Dummoud, to Northampton c. h. once a week.  3. From Wilmington by Christiana bridge, Middletown, Warwick, Sassafras and Georgetown, to Cheltenham twice a week.  4. From Cheltenham by Churchhill, Centreville, Queenstown and Kent Island to Annapolis twice a week.  5. From Centreville to Easton twice a week.  6. From Romney by Springfield, Frankfort and Grafton to Cumberland once a week.  7. From Fauquier c. h. by Aquia to King George c. h. once in two weeks.  8. From Tappahannock to Richmond c. h. once a week.  9. From Inglesville by Tazewell c. h. or Jeffersonville, Russel c. h. and Lee c. h. to Cumberland Gap once in two weeks.  10. From Suffolk by Everetts Bridge, Gates c. h. Edenton, Lee's Mills, Plymouth and Washington to Newbern twice a week.  11. From Wilkesville by Speed and Wilfons's store, Walden's store, Sterling- 
 ville and Normanton to Mount Tirzah once a week.  12. From Wilkes c. h. to Ash c. h. in North Carolina once a week.  13. From Fayetteville by M c Falls, Windfieldville and Chersaw c. h. to Camden once a week.  14. From Jonesborough by River Bridge and New Lebanon to N. W. River Bridge once a week.  15. From Jonesborough every Tuesday at 6 a.m. and arrive at N. W. River Bridge on Wednesday by 3 p.m.  16. From Knoxville to Burrville once a week.  17. From Nashville in Tennessee by Franklin, Oceola, Pocoppe, M c Intoshville to Grindstoneford once a week.  18. From Grindstoneford by Greenville, Huntston, Washington, and Natchez, to Fort Adams, or Lottus Heights, once a week.  19. From Charleston by St. George's and Orange c. h. to Columbia, once a week.  20. From Washington by Burris's, Lexington, Athens, and Clarkburg to Jackson c. h. once a week.  21. From Washington every Tuesday at 2 p.m. and arrive at Jackson c. h. on Wednesday by 6 p.m.  22. From Jackson c. h. every Thursday at 6 a.m. and arrive at Washington on Friday by noon.  NOTES:  The Postmaster General may expedite the mails and alter the times of arrival and departure at any time during the continuance of the contracts, he stipulating an adequate compensation for any extra expense that may be occasioned thereby.  Fifteen minutes shall be allowed for opening and closing the mails at all offices, where no particular time is specified.  For every thirty minutes delay (unavoidable accidents excepted) in arriving after the time prescribed in any contract, the contractor shall forfeit one dollar; and if the delay continues until the departure of any depending mail, whereby the mails destined for such depending mails, lose a trip, an additional forfeiture of five dollars shall be incurred.  Newspapers as well as letters are to be sent in the mail; and if any person making proposals, desires to carry newspapers, other than those conveyed in the mail for his own emolument, he must state in his proposals, for what sum he will carry with the emolument, and for what sum without that emolument.  Should any person making proposals desire an alteration of the times of arrival and departure above specified, he must state in his proposals the alterations desired, and the difference they will make in the terms of the contract.  Persons making proposals are desired to state their prices by the year. Those who contract will receive their pay quarterly in the months of August, November, February and May, in one month after the expiration of each quarter.  No other than a free white person shall be employed to convey the mail.  Where the proposer intends to 
convey the mail in the body of a stage carriage, he is desired to state it in his proposals.
9. The Postmaster General reserves to himself the right of declaring any contract at an end whenever three failures happen which amount to the loss of a trip each.
10. The contracts for the above routes are to be in operation on the first day of April next, and are to continue in force for one year.
GIDEON GRANGER, Postmaster-General. General Post Office, Wash- ington City, Nov. 23, 1803. }
JUST RECEIVED, By the UNITED STATES , Capt. Finley from Liverpool, Fall Goods, viz. Brass Plate and wire fenders and irons, shovel and tongs, pokers, bellows, coal hods, bell metal kettles, brass-hooped knives and forks, plated bridle bits and stirrups, with a variety of saddlery, brass ware, kitchen furniture, tools and building materials, &c. HENRY INGLE. Washington, Oct. 28.—epan.
FOR SALE. Wanted to purchase, eight or ten NEGROES in families, including one good blacksmith, and one good house carpenter—enquire at Tunnicliff's hotel city of Washington. Dec. 5—7t
COLUMBIAN INN. GEORGE-TOWN. THE Subscriber begs leave to solicit the patronage of his former friends and customers, and informs them he still continues at the Columbian Inn—where he will be happy to have it in his power to accommodate them as usual. JOHN H. BARNEY. September 21.—epfj
NEW STORE. WILLIAM S. NICHOLLS, & Co. TAKE the liberty to inform their friends and the public in general that they have commenced business in High Street George Town. And have received to their first assortment an additional supply of seasonable goods, with many articles in the fancy line, which will be sold on very pleasing terms for cash. W. S. NICHOLLS. George Town, Dec. 2—2w
New Retail Grocery Store. Just received per the schooner Highland Hand, master, from Philadelphia. London particular, Madeira, Sherry, Port & claret Wines—Cogniac brandy, Spanish do. by the cask only; Jamaica Spirits, Holland gin, cherry bounce, annointed cordial, whiskey, white wine and cyder vinegars, sugar house molasses, spermatic oil and candles; Imperial, lyson, young hyson, and hyson skin teas—loaf, lump and muscovado sugars; coffee and chicocate, pearl and common barley, American cheese, butter by the firkin only, baket oil for table use, sweet oil for do. capers and olives, raisins, almonds, &c. lemons, cloves, mace, nutmegs, cinnamon and allspice, black pepper, mustard and ginger, Spanish segars of a superior quality, Macquabau and apple snuff, & blue and starch, brown soap and candles, wrapping paper, fine twine cambricks, liquor cases, &c. &c. All warranted to be of the best qualities, and for sale by EDGAR PATTERSON. November 30—tf
FOR SALE. THE Plantation on which I live, containing about 600 acres of valuable land. The improvements are, an exceeding good dwelling house two stories high, 42 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above flairs, with five places in all but one, and a dry sweet cellar, the size of the house, is which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 18, two stories high, with a kitchen and laundry below, and lodging rooms for servants above. A washing house, meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy general neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the scythe and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides an abundant one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises. OVERTON CARR. September 19.—epfj
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIA. HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cassimeres, Silk floratine, Black and fancy silk moleskin velvet, white & figured Marcellas, Swandowns, Toillnettes, Velveteens, Fancy cords, Coating, &c. With a variety of other articles suitable for the winter season. N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion. New-Jersey Avenue, the second House from the Capitol Square. November 8, 1803.
NOTICE. ALL who are indebted to the estate of John Crookshank deceased are requested to make immediate payment to, CHARLES GLOVER, Admr. George Town, Nov. 25—tf
Ten Dollars Reward. STOLEN from the plantation near Upper Marlboro, on Saturday night the 29th October—an iron grey HORSE, about fourteen hands one inch high, seven years old, stout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been trimmed about the head and ears. Any person giving me information that I get him again shall receive the above reward and I brought home all reasonable charges paid by, BENJAMIN ODEN. November 21—tf
HENRY POLKINHORN, Saddler, Harness, Army Accoutrements, & Trunk-maker. HAVING taken his two nephews Wm. & Richard M. Hall, into partnership, The business in future will be conducted in this place under the firm of H. Polkinhorn and Wm. Hall, who have opened at the store lately occupied by Mr. Conner, (two doors from the bank of Columbia) a handsome assortment of articles in their line; and hope from attention to business to merit the favors of their friends and the public. The business will be continued as usual in Baltimore, (under the firm of H. Polkinhorn and R. Hall) where they have for sale a general assortment of Saddlery, wholesale and retail, which they are determined to sell on the lowest terms. George Town, Nov. 23—1m
District of Pennsylvania, to wit: BE it remembered, That on the ninth day of May, in the twenty-seventh year of the independence of the United States of America, William Young Birch, and Abraham Small, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit: "BLACKSTONE'S COMMENTARIES," with notes of reference, to the constitution and laws of the Federal Government of the "United States, and of the commonwealth of Virginia, in Five Volumes, with an Appendix to each volume, containing short tracts upon such subjects as appeared necessary to form a connected view of the laws of Virginia, as a member of the Federal union, by St. GEORGE TUCKER, Professor of Law, in the university of William and Mary, and one of the judges of the General Court in Virginia." In conformity to the act of Congress of the United States, intitled, "An act for the encouragement of learning, by securing the copies of Maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned;" and also to an act entitled, "An act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of Maps, Charts and Books, to the authors and proprietors of such copies during the times therein mentioned. And extending the benefits thereof to the arts of designing, engraving, and etching historical, and other prints." (L. S.) D. CALDWELL, Clerk of the District of Pennsylvania. The above work may be had at John March's book store, George-Town, and of the booksellers in the city of Washington. November 23—1m
FOR SALE, A LIKELY and valuable young Negro man, about twenty three years of age—a tolerable good house carpenter. The terms may be known by applying to the Printer, or by note addressed to B. W. and left at the Bar of the Union Tavern, George-Town. Any person wishing to purchase must apply within two weeks from this date. December 12, 1803—6t
Sale of Land and Negroes. On Wednesday the 21st day of December next, will be offered to public vendue, in Port-Tobacco Town, the following Lands lying in Charles County. THE Dernier Refort, about 1 1/2 miles from Mattawoman creek, and 4 from Port-Tobacco, containing 322 acres of land—level, well wooded, high and healthy. Equality, (on which the subscriber resides) about a mile from the mouth of Port Tobacco creek, and 5 from Port tobacco, containing about 460 acres. This land has a great proportion of wood and timber, is level, has an excellent spring near the house, the situation is healthy, the buildings are capable of accommodating a large family. A tract of Land called Hawthorn, lying on Port-tobacco run, near the town, containing about 400 acres of very fertile land—on this place is a situation for building convenient and elegant as any in this country. If the lands are sold I shall offer my plantation utensils, stock and crop of all kinds; and I shall offer at private sale about fourteen negroes, among whom are two blacksmiths—one of them is my remarkable man Jeffy—the other a young fellow who can do pretty good work. The other negroes are women used to house work—likely children, and waiters male and female. One third of the purchase money is to be paid at the sale—one third in nine months and the residue in eighteen months with interest. * M. I. STONE Dec. 7—rawtard.
ELISHA RIGGS, Has just received from Philadelphia, an additional supply of FALL GOODS, Which makes his assortment extensive. Among them are many fancy articles, and Superfine cloths, cassimeres, velvets, and fancy vest patterns. Irish linens, cotton counterpanes, ticken, and sheeting. English hats, kid shoes, silk hosiery, and gloves. Shirting flannels, rose blankets, and coarse cloths. Furniture dimities, ditto calicoes, and stuffs, Silks, cambrics, mullins, chintzes and calicoes. Laces, veils, crepes and India mullins, 20 boxes China in sets. Also—other articles, which will be sold on terms to please the purchaser. Geore-Town, Nov. 30—tw6w
In the case of ZEBULON WARNER a bankrupt. Whereas a commission of BANKRUPTCY founded on the act of Congress passed on the 4th day of April in the year eighteen hundred, entitled "An act to establish an uniform system of bankruptcy throughout the United States" has been awarded against Zebulon Warner of the district of Columbia, dealer and chapman and he being declared bankrupt is hereby required to surrender himself to the commissioners in the said commission named, or the major part of them on the 19th day of December next, and 16th days of January next, at 4 o'clock in the afternoon of each day at the house of William Rhodes innkeeper in the city of Washington and to make a full disclosure of his whole estate and effects, when and where his creditors are to come prepared to prove their debts, at the second sitting to choose assignees and at the last sitting to assent to or dissent from the allowance of his certificate, all persons indebted to the said bankrupt or who have any of his estate or effects in their hands are not to pay or deliver the same to any person not appointed by the commissioners but give notice to LEWIS FORD, Sec. to the commissioners. December 5, 1803—116j
In the Case of LUKE SHANNON an Insolvent Debtor. IT is ordered that six months from and after the first day of November next, be limited and appointed for the Creditors to bring in and exhibit their claims to GEORGE ANNAN of the City of Washington, Trustee, appointed for the benefit of the Creditors of the said Luke Shannon; and that a copy of this order be published once in each week until the tenth day of January next, in the National Intelligencer. By order of William Cranch, Esquire. URIAN FORREST, Clerk. November 4—11v-10j.
Ten Dollars Reward. STOLEN off the Race ground on Wednesday evening last, a likely Sorrel MARE, saddle and bridle; the saddle is about half worn with plated stirrups, and a new bridle; the mare is eight years old, about fourteen hands high. Paces trots and gallops; shod before; the outsoles of both hind feet a little worn by dragging them when rode; has a small star in her forehead, there is a scar on the off shoulder that resembles the letter T. Whoever delivers the above described mare, saddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and no questions asked. November 14—wtf
Conveyancer's Office. THOMAS HERTY, Grateful for past favors, informs his friends and the public, that he continues to prepare CONVEYANCES OF LAND and every other species of DEED or INSTRUMENT in the line of his profession, with legal precision, and on moderate terms, title investigated, &c. A choice selection of lots on the Pennsylvania avenue and in other desirable situations in the City to lease or sell. N. B. Herty's Abridgment of the laws of Maryland in 1 vol. and Herty's Digest of the laws of the United States in 2 vol. for sale at the above office. City of Washington, April 18 1803
BY AUTHORITY. SCHEME OF A LOTTERY, To build a Catholic Cathedral Church in the City of Baltimore.
   Dollars.     1 prize of 20,000   1 ditto 10,000   2 do 5000 is 10,000   5 do 1000 — 5,000   10 do 500 — 5,000   15 do 200 — 3,000   200 do 100 — 20,000   400 do 50 — 10,000   280 do 25 — 5,000   2550 do 20 — 50,000   4000 do 15 — 60,000   1 first drawn ticket after 2000, having a blank to its number, 500   1 do after 4000 do 500   1 do after 6000 do 500   1 do after 8000 do 500   1 do after 10,000 do 500   1 do after 12,000 do 500   1 do after 15,000 do 500   1 do after 18,000 do 500   1 do after 20,000 do 2,000   1 last drawn ticket, which may have a blank to its number, 4,000   7154 Prizes, 210,000   13,856 Blanks—Not two to a prize.  
21,000 Tickets, at 10 dollars each, 210,000. The laudable purpose of this lottery—the many very valuable prizes offered, and there not being two blanks to a prize, are considerations which give the managers reason to hope for a rapid sale of the tickets. The drawing will commence as soon as a sufficient number of tickets shall be sold to authorize it; and thirty days after the completion of the drawing, the prizes will be paid to the fortunate adventurers; subject to a deduction of fifteen per cent. Such prizes as shall not be demanded within twelve months after the drawing is finished, shall be considered as relinquished for the benefit of the church. For the satisfaction of those at a distance, it may be necessary to mention, that the managers have given bond to the mayor and city council in the sum of 120,000 dollars, for the due payment of the prizes which may be drawn. Tickets to be had of the managers, or of such persons as may be appointed by them. Managers. Right rev. Bishop Carroll, Rev. Francis Beccan, Messrs. David Williamson, Robert Waith, Charles Chequenet, Patrick Bennet, Arnold Livers, Luke Verman, Francis I. Mitchell. July 13, 1803. The managers have lodged a number of tickets in the above lottery in the hands of Wm. Brent and James D. Barry for sale.