The question was then taken on the resolution as amended, and stood-yeas 68, nays 21, as follows:

YEAS-John Allen, George Baer, jr., Abraham Baldwin, James A. Bayard, Theophilus Bradbury, David Brooks, Stephen Bullock, Samuel J. Cabell, Christopher G. Champlin, Matthew Clay, John Clopton, James Cochran, William Craik, Samuel W. Dana, James Davenport, John Dennis, George Dent, George Ege, Lucas Elmendorph, Thomas Evans, William Findley, Abiel Foster, Dwight Foster, John Fowler, Jonathan Freeman, Albert Gallatin, James Gillespie, Henry Glen, Chauncey Goodrich, William Gordon, John A. Hanna, Robert Goodloe Harper, Carter B. Harrison, William Hindman, David Holmes, Hezekiah L. Hosmer, James H. Imlay, Edward Livingston, Samuel Lyman, James Machir, William Mathews, Blair McClenachan, John Milledge, Daniel Morgan, John Nicholas, Josiah Parker, Elisha R. Potter, John Reed, John Rutledge, jr., Samuel Sewall, William Shepard, Tompson J. Skinner, Thomas Sinnickson, Jeremiah Smith, Nathaniel Smith, Samuel Smith, William Smith, of Charleston, William Smith, of Pinckney District, Richard Stanford, John Swanwick, George Thatcher, Richard Thomas, Mark Thomson, John E. Van Alen, Philip Van Cortlandt, Peleg Wadsworth, John Williams, and Robert Williams.

NAYS-Thomas Blount, Richard Brent, Nathan Bryan, John Chapman, Thomas Claiborne, Joshua Coit, John Dawson, Nathaniel Freeman, jr., William B. Giles, Andrew Gregg, Roger Griswold, Jonathan N. Havens, Walter Jones, Matthew Locke, Matthew Lyon, Nathaniel Macon, Joseph McDowell, Anthony New, Richard Sprigg, jr., Joseph B. Varnum, and Abraham Venable.

Committees were appointed to report bills in pursuance of two resolutions which had been agreed to.

REVISION OF MILITIA LAWS.

Mr. VARNUM said there was a subject of importance referred to in the President's Speech, which had not yet been touched upon-he meant the revision of the militia laws. In order to bring the business before the House, he moved a resolution for the appointment of a committee to report whether any and what alterations in them were necessary. Agreed to, and a committee appointed.

DEFENCE OF PORTS AND HARBORS. Mr. LIVINGSTON, from the committee appointed for that purpose, reported a bill to provide for the further defence of the ports and harbors of the United States; which was twice read, and committed to a Committee of the Whole, on Monday

next.

CORPS OF ARTILLERISTS, &c.

Mr. W. SMITH called for the order of the day, on the bill from the Senate for raising an additional corps of artillerists and engineers.

Mr. BLOUNT asked whether it was not necessary, when they were going into these expenses, to go into an inquiry on the subject of ways and means. He moved that a Committee of Ways and Means be appointed.

Mr. W. SMITH thought it better to proceed with the business in the way he proposed. Before they

[H. of R.

went into the subject of ways and means, he thought it was necessary they should know what money would be wanted, that they might provide accordingly; and they could not know this, until they had gone through the several measures which lay before them.

Mr. NICHOLAS said, if it was necessary to have additional revenue, it would be well to appoint a committee to be casting about as to the proper way of raising it. If the money were to be borrowed, they might be inquiring upon what terms it could be got. If they did not do this, when all the other business was done, they would have to wait until these inquiries were made.

Mr. GILES thought the bill for raising additional troops might be very well put off till next session. He did not believe there was any necessity at present for an increase of the military establishment. He thought this was the proper time for taking up the subject of the revenue, since they must either borrow or raise money by taxes, and he trusted a committee would now be appointed.

Mr. W. SMITH withdrew his motion, to give way to the appointment of a Committee of Ways

and Means.

Mr. BLOUNT said money would certainly be wanted. It was presumed it might be borrowed, but no inquiry had been made on the subject. He was of opinion that the difficulties which would present themselves on this subject, would throw out of view a number of measures which he thought might very well be dispensed with.

Mr. J. WILLIAMS thought, if they appointed a Committee of Ways and Means, and were to go into the militia laws, they might sit all Summer. He hoped they should have gone on with the bill for raising men, and if they had rejected that, and declined furnishing convoys, and the measure of purchasing vessels for the defence of the coast was left to the discretion of the President, that a Committee of Ways and Means would not have been necessary.

A Committee of Ways and Means, consisting of seven members, (after fifteen and thirteen had been proposed,) was appointed.

MONDAY, June 12.

DEMSEY BURGES, from North Carolina, attended, produced his credentials, was qualified, and took his seat.

DEFENCE OF PORTS AND HARBORS.

The consideration of the bill for raising an additional corps of artillerists and engineers having been called for,

Mr. GILES hoped, before that subject was taken up, they should go into that of revenue. He proposed taking up the report of the committee on the fortification of our ports and harbors.

This was objected to by Mr. RUTLEDGE, and others, on the ground that two of the select committee (Messrs. LIVINGSTON and OTIS) appointed on that business were absent; but

The SPEAKER said that it did not appear from the Journals that any member was absent, except

H. OF R.]

[JUNE, 1797.

Mr. W. SMITH, on the ground of the absence of the two members before alluded to, moved that the committee rise, and ask leave to sit again.

The question was put and negatived, 41 to 38. Mr. BLOUNT said it had been usual to limit the interest to be paid for money; he therefore moved that the words, after the sum proposed to be borrowed, be inserted, "at an interest not exceeding six per cent. per annum." Carried.

Mr. B. then moved the following further amendment: "Provided, that no part of the principal of any sum so borrowed shall be demandable, until the day of, 17-; although it shall be lawful to pay the same before that day, if the United States shall find it convenient to do so." It would be recollected, Mr. B. said, that they were called upon on a former occasion for the payment of money, when it was not convenient, and to do which they had been obliged to make considerable sacrifices. He thought, therefore, when they borrowed money in future, it would be proper to propose a given time for payment, so as to prevent their being called upon for payment before that time.

Mr. WILLIAMS did not think it necessary to clog the bill with so many provisions. He was of opinion it would be better to omit the stipulation allowing the money to be paid before a certain time, as he supposed the money would be got upon better terms, if the period was made certain. Mr. BLOUNT said he meant to fill the blank with a period at which he supposed it would be convenient to pay the money, which would be ascertained when the Committee of Ways and Means made a report. He wished any money which was borrowed, to be repaid as soon as possible; but he wished to prevent that inconvenience from any unexpected call for payment which had heretofore been experienced.

The question was put and carried, there being

46 for it.

Mr. HARPER did not think the ground upon which the gentleman last up had put the business, was the just one. He thought the true point of placing the matter was, to inquire if the thing was necessary? The expense was a secondary consideration. If it were necessary, he looked upon it as their duty to provide the expense. Unless gentlemen could show, therefore, that there was no necessity for attending to our fortifications, he believed the expense would not be considered as an obstacle; for, if a community were unable to furnish the means for its own protection, it would be time to give up its sovereignty.

Mr. MACON did not think it necessary the bill should pass. At any rate he did not think it right to provide more money than would be wanted before the next session of Congress; and as there were yet $20,000 unexpended, he saw no occasion for filling up the blank with $200,000, as it would be embarrassing themselves to find money, which would not be wanted.

Mr. POTTER hoped the sum mentioned would not be agreed to. He was against the bill altogether; but, if it did pass, he wished that a much smaller sum might be appropriated. Mr. P. related the state of the harbor of Rhode Island, since they ceded the territory to the United States. (in nearly the same words as last session,) which was, that before the cession, they had some small works, but they had been taken down, and now they had

none.

Mr. DAYTON (the Speaker) wished the gentleman from South Carolina would withdraw his motion, to give way to an amendment which he wished to introduce. He mentioned that it was to insert, "Provided, that no part of the money herein appropriated, be expended upon fortifications, except in cases where the jurisdiction shall have been previously ceded to the United States."

Mr. W. SMITH had no objection to the sense of the House being taken upon this proposition. He did not think, however, that it was now a question before the committee whether they would appropriate a sum of money for this purpose. This had been decided on the abstract proposition. The only question now was, what sum should be fixed upon; nor were former miscarriages now under consideration. If the public money had been misapplied in this respect, that was no reason why the fortifications should not now be attended to; no more than, because a man, in building a house, had committed some mistakes, he should in future be without shelter. Mr. S. said, when the arming of vessels was under consideration, gentlemen were all for internal regulation; and he trusted, since the repairing our forts and harbors was certainly of this description of defence, they would now support this measure. He supposed the sum he had now mentioned would be necessary; if gentlemen thought otherwise, they could produce their counter information. Mr. S. withdrew his motion for the present.

Mr. DAYTON's motion having been read,
Mr. W. SMITH said, if there had been any ne-

JUNE, 1797.]

glect of the Legislatures of any of the States to make cessions of the territory of their fortifications, he did not think, on that account, the people should be left exposed. That would be to punish the innocent for the guilty; and the result would be, that many of the seaports which have not sufficient influence in their Legislatures to procure the passing of an act of cession, would be liable to the insults of privateers, merely because the Legislature had not done what the citizens thought necessary. If all the Legislatures were at present in session, it might not be so pernicious, because they might make the cessions required; but it was known that the Legislatures were not now in session, and the danger was most to be apprehended in the course of the Summer.

Mr. WILLIAMS supposed this amendment as particularly pointed against the State of New York, because the Legislature of that State had not ceded the jurisidiction of their fortifications to the United States. It had been matter of considerable altercation in that State, and he believed its vicinity to the city of New York was the reason its territory had not been given up. The Legislature of New York, he said, did not meet till January, therefore, except something was now done, it would not be in time to have any effect. If the sum appropriated was in any respect adequate, Mr. W. said, a work would be commenced at the Narrows, which was certainly the only place upon which a fortification could be erected for the complete defence of that harbor. A good fortification there, he said, would be a general benefit to the United States, as four-fifteenths of the whole revenue of the Union was collected at that port. He thought it proper, therefore, in order to quiet the minds of so large a body of the community, that some attention should be paid to the fortifying of this port. Even if no interruption of the peace of the country was expected, it would be right to attend to this business. The sooner a fortification was begun at the Narrows, the better, and he trusted a handsome sum would be appropriated for the purpose. The benefits which must result from a well-constructed fortification at the Narrows, both to the Union and the State of New York, were obvious to all who were acquainted with its situation. He therefore hoped the amendment would not be agreed to.

Mr. BROOKS said, his colleague had anticipated part of the observations which he intended to have made. He thought this was not a proper time to determine upon the amendment, as the money now proposed to be granted would only afford a small sum to each. If they were about to raise adequate fortifications in all parts of the United States, the propriety of having the jurisdictions ceded, might very properly come under consideration. Though the State of New York had not ceded the territory of the present fortification, he believed there would be no objection to ceding the Narrows, if a work should be erected there. But if they refused to cede the territory of the present fortifications, was it proper, he asked, to refuse to do anything until it was ceded? Because the Legislature would not consent to do this, would it be proper to

[H. of R.

expose the country to danger on that account? Surely not; for, if the left hand was cut off, the right would suffer also. The present fortification had been chiefly done by the State itself. More than $200,000 had been expended by them, and yet because the State had declined to surrender its jurisdiction over its territory, no further assistance was to be given. He asked, if there was any doubt that the State would refuse to admit the troops of the United States in case of danger? Certainly not; though it was most likely the garrisons would be manned by their own citizens for the protection of their harbor and independence. He hoped the amendment would be negatived.

Mr. S. SMITH wished the amendment had not been moved, until it had been determined what sum should have been expended upon the whole of the fortifications. He did not know that he should vote for filling the blank with $200,000. He should not have objected to have voted for $100,000. In the report which had been made upon the subject, he had found some places very well taken care of, and others neglected. [Mr. RUTLEDGE interrupted Mr. S. to say that the estimate was from the Secretary of War, and not from the committee.] Mr. S. thought it an extraordinary statement to come from the Secretary of War. Mr. S. spoke of the unfinished situation of the works at Baltimore. He thought the gentleman last up had used an extraordinary argument for preserving the fortifications in their own hands, viz: that it was necessary to preserve their independence. He hoped they had no intention of making it independent of other States. If any State wished for protection from the United States, they ought certainly to cede their fortifications to the General Government. Massachusetts had refused to cede one of their works, but they had also declined receiving public support to it. Indeed, the refusal on the part of New York brought something to his mind which he could not understand. We are one people, said he, and our protection should be one, and not such as to prove us a divided people. There seemed to be something in this which bespoke no good to the Union. This being his opinion, if the motion was not withdrawn, he should be obliged to vote for it.

Mr. BROOKS explained.

Mr. MACON said, it seemed as if there never would be a proper time for determining the pre-, sent question. This subject had frequently been before the House; and the apology for not coming to the decision was, that the Legislature was not in cession. He was always against giving any money until cession was made. He recollected when this subject was before under discussion, the gentleman from New Jersey had always said that the money would be thrown away which was laid out on the fortifications at New York, and that to be of any service works must be erected at the Narrows. It was then said it was impossible he should know better than the engineer; but it now came out that he was right. If New York, as gentlemen said, was the most important place of the Union, it was right the United States should

have the protection of it. He considered it to be the duty of the United States to protect all the States equally, and it was their duty to cede the jurisdiction of their fortifications to the General Government.

Mr. ALLEN said a few words in favor of the amendment.

Mr. DAYTON believed the gentleman from New York when he said that State had no intention of separating from the Union; if they had he supposed they would not be permitted, at least not before they had paid their debt. But gentlemen say, will you coerce the Legislature to give you the jurisdiction of their fortifications? He said no. As the gentleman from North Carolina had stated, three years ago he had declared it as his opinion that all the money expended on those works would be thrown away, so far as they were intended as a defence against armed ships. They might, indeed, be of use to the city in preserving its peace and aiding its municipal regulations; but an armed vessel would always pass them with a fair wind and tide.

Mr. D. owned his amendment was intended to operate in part against New York; but if gentlemen would bring forward a plan for erecting a fortification at the Narrows, with a proposition to appropriate to that purpose the debt due from them to the United States, they should have his vote; but if they would do this for the works erected on the three islands, he would not give them his vote, because he believed it would be money

thrown away.

What was the State of New York more than others? New Jersey had ceded the territory of a light-house, and Pennsylvania had ceded Mud Island. And except they would consent to do what others did, they could not expect the same advantages.

Mr. BROOKS Complained of what had fallen from the gentleman from New Jersey with respect to the debt of New York; he spoke of the territory of the light-house ceded by New Jersey as ten or fifteen miles of sand, which would not raise watermelons; and of this amendment as intended to sink the bill.

Mr. HAVENS said the gentleman from Maryland seemed to think there was something mysterious in the State of New York not having made the cession of their three islands. He did not think it so very difficult to be accounted for. They were warned from doing it, he said, from the manner in which other States had been used which had given up their jurisdictions to the United States. The cession not being made was made a pretence for not expending money, and when it was made, nothing was done. He thought the proposed sum might be granted, and the expending of it left with the President.

Mr. THATCHER was in favor of the amendment; and wished to know what other places besides New York there were which had not ceded the land upon which fortifications had been erected? Mr. S. SMITH believed there was no other place in the situation of New York.

Mr. POTTER thought this a proper time for pass

[JUNE, 1797.

ing the amendment, and supposed the reason why some fortifications had not been ceded was, that more had been done for those that were not ceded than for those which were.

Mr. WILLIAMS said the works upon the three islands had cost from three to four hundred thousand dollars, twenty-three thousand only of which were furnished by the United States; the rest had been done by the State and citizens of New York, and, he believed, rather than cede the territory to the United States, they would pay back the money. And he doubted not, if a work was begun at the Narrows, that the State would join in the expense with the United States to erect it.

Mr. GILES was in favor of the amendment. When the State refused to give the right of jurisdiction to the United States, the protection which the United States would have owed it, reverted back to the State. It appeared by the report, he said, that the Secretary of War thought $90,000 more should be expended on the present works at New York.

Mr. HAVENS said the fortification at the Narrows could not be completed for less than two or three millions of dollars.

Mr. BAYARD spoke in favor of the amendment. Mr. ELMENDORPH went at considerable length into a defence of the conduct of New York, and said the United States lay under the greatest obligations to provide her with suitable protection.

Mr. W. SMITH said this question had very improperly been made a State question; he complained also that Charleston had been placed upon the same ground with New York, though she was willing to cede the jurisdiction of her fortifications, and it was owing to a mistake in the Legislature that it had not already been done. He also excused the State of New York from delinquency, as he did not know that any offer had been made to purchase the land upon which the fortifications are built, which he said the Constitution pointed out as necessary.

Mr. DAYTON took notice of what had fallen from the different members in opposition to his amendment; and said the light-house which had been ceded by New Jersey to the United States, was of greater importance to the State of New York than the fortifications on the three islands ever would be.

Mr. GORDON Supported the opinion of Mr. SMITH, in excusing New York from delinquency; and, after some observations against the amendment by Mr. HARPER,

The question was put and carried, there being 63 for it.

The committee rose, and upon leave being asked to sit again,

Mr. W. SMITH hoped leave would not be given; for since they had agreed to an amendment which would exclude Charleston and New York from any attention, he thought, as no other ports wanted it so much, there was no occasion to go into a Committee of the Whole again on the subject. Mr. WILLIAMS was of the same opinion. Mr. S. SMITH said, because the States of New York and South Carolina had not done what they

JUNE, 1797.]

ought to do, though the country was in danger, yet no other port must be attended to. This looked as if those gentlemen thought the defence of the Union depended wholly upon them.

Mr. WILLIAMS replied, that if the country were in danger, the whole should be fortified; but if not, (as seemed to be the opinions of gentlemen in refusing to do any thing towards securing two of as important harbors as any in the Union,) then

there was no occasion for any.

After a few words from Mr. BLOUNT and Mr. POTTER, the question for leave to sit again was put and carried, there being 64 votes for it.

FLORIDA BOUNDARY LINE.

[H. OF R.

JOHN ADAMS. UNITED STATES, June 12, 1797.

The Message and papers were referred to Mr. BALDWIN, Mr. SEWALL, Mr. FINDLAY, Mr. SCHURE

Gentlemen of the Senate and

Gentlemen of the House of Representatives:

I have received information from the Commissioner, appointed on the part of the United States, pursuant to the third article of our treaty with Spain, that the running and marking of the boundary line, between the colonies of East and West Florida, and the territory of the United States, have been delayed by the officers of His Catholic Majesty; and that they have declared their intention to maintain his jurisdiction, and to suspend the withdrawing his troops from the military posts they occupy within the territory of the United States, until the two Governments shall, by negotiation, have settled the meaning of the second article, respecting the withdrawing of the troops, garrisons, or settlements, of either party, in the territory of the other; that is, whether, when the Spanish garrisons withdraw, they are to leave the works standing, or to demolish them; and, until, by an additional article to the treaty, the real property of the inhabitants shall be secured; and, likewise, until the Spanish officers are sure the Indians will be pacific. The two first questions, if to be determined by negotiation, might be made subjects of discussion for years, and as no limitation of time can be prescribed to the other, a certainty in the opinion of the Spanish officers that the Indians will be pacific, it will be impossible to suffer it to remain an obstacle to the fulfilment of the treaty on the part of Spain.

To remove the first difficulty, I have determined to leave it to the discretion of the officers of His Catholic Majesty, when they withdraw his troops from the forts within the territory of the United States, either to leave the works standing, or to demolish them; and to remove the second, I shall cause an assurance to be published, and to be particularly communicated to the Minister of His Catholic Majesty, and to the Governor of Louisiana, that the settlers or occupants of the lands in question, shall not be disturbed in their possessions by the troops of the United States; but, on the contrary, that they shall be protected in all their lawful claims; and to prevent or remove every doubt on this point, it merits the consideration of Congress, whether it will not be expedient, immediately, to pass a law, giving positive assurances to those inhabitants, who, by fair and regular grants, or by occupancy, have obtained legal titles or equitable claims to lands in that country, prior to the final ratification of the treaty between the United States and Spain, on the twenty-fifth of April, 1796.

This country is rendered peculiarly valuable by its

wise.

TUESDAY, June 13.

SUSPENSION OF DUTIES.

Mr. OTIS, from the committee to whom was referred the memorial of certain merchants of the State of Massachusetts, reported a bill to suspend in part the operation of the act passed last session to raise certain sums of money by means of additional duties; which was twice read, and referred to a Committee of the Whole, to-morrow.

DEFENCE OF PORTS AND HARBORS. The House having again resolved itself into a Committee of the Whole, on the report of a select committee on the subject of fortifications, and that part of the bill being under consideration which required the blank filling up,

Mr. GALLATIN moved to fill up with fifty thousand dollars, as he did not believe a larger sum would be wanted before the next session, as they had concluded by the resolution of yesterday that no money should be expended upon places which had not previously made a cession of their territory to the United States.

Mr. W. SMITH proposed to fill the blank with two hundred thousand dollars; for though the vote of yesterday had outlawed the States of New York and South Carolina, yet some provision might be made, before Congress rose, for allowing the President to make such repairs in the fortifications of the United States as the appearance of things should seem to require, (without reference to cession of territory,) and therefore he wished to have the blank filled with the sum he had mentioned.

This sum was supported by Messrs. BROOKS and HARTLEY.

Mr. ALLEN wished the present motion suspended, to admit of one which he had to make. It was to re-consider the vote of yesterday on Mr. DAYTON'S amendment, and, in case it were rejected, to introduce two additional clauses to the bill: one to request the President to make application to the States which had not ceded the territory of their fortifications for a cession of it; the other enacting that, in case such cession should be refused, all farther assistance in fortification should cease.

Mr. ALLEN having himself voted for the amendment which he wished to reconsider, being seconded by a member in the same situation, and Mr.