H. OF R.]

Indian Trade-John Tucker.

[JANUARY, 1793.

Orr, Theodore Sedgwick, Peter Sylvester, Jeremiah cord, to sell any part of their lands, and it shall be
Smith, William Smith, John Steele, Samuel Sterrett, deemed for the interest of the United States that
Jonathan Sturges, Thomas Sumpter, George Thatcher, a purchase shall be made, the same shall be done
Thomas Tudor Tucker, Abraham Venable, Jeremiah no otherwise than by a treaty to be entered into
Wadsworth, Alexander White, and Hugh Williamson. pursuant to the Constitution; the lands so pur-
NAYS.-John Baptist Ashe, Abraham Baldwin, El-chased to enure to the use of whoever may have
bridge Gerry, William B. Giles, Christopher Greenup,
Thomas Hartley, James Madison, John Francis Mer-
cer, John Page, and Thomas Tredwell.

The House resumed the consideration of the bill to regulate trade and intercourse with the Indian tribes, which lay on the table;—when

the right of pre-emption thereto, and who shall pay the price thereof.

Mr. MADISON observed, that misunderstandings, quarrels, and wars with the Indians, had originated from the circumstance of persons having obtained, through fraud, or other improper means, possession of lands belonging to the Indians. This consideration rendered it highly important that this whole business should be under the absolute and sole direction of the public authority, in order to guard effectually against the fatal consequences which may result to the public by being precipitated into a war, through the arts of unprincipled persons, who, while the public are made to sustain great calamities, often find means to extricate themselves from bearing their proportion of its inconveniences and expenses.

Mr. LIVERMORE moved, that the words "at the
discretion of a jury;" "and it shall be be deemed
chase shall be made," be struck out.
for the interest of the United States that a pur-

thought the original section as comprehensive as
Mr. BARNWELL objected to the amendment. He
the other; that it was better worded, and liable
to fewer exceptions; for though the latter is longer,
yet, sales made pursuant to treaties held under an
authority not expressly pointed out, would be lia-
ble to cavil and revision; and the persons holding
exposed to a penalty.
a treaty for the purpose of making purchases, are

Mr. GILES preferred the substitute, because it provided a penalty for improper purchases.

section, and to amend it, by inserting after the Mr. FITZSIMONS proposed to retain the original word sale, or gift," and to add the penalty con- : tained in the substitute.

The original section was struck out, and the new section was amended as proposed; and the and read a third time to-morrow. bill and amendment were ordered to be engrossed

FRIDAY, January 18.

mited time, and to amend the act, entitled "An An engrossed bill to continue in force, for a liact providing the means of intercourse between the United States and foreign nations,” was read the third time, and passed.

Mr. MADISON's amendment came up for consideration, viz: to strike out the eighth section, which provided that no sale of land made by any tribe of Indians shall be valid to any person or State, whether such State may have the right of pre-emption or not, unless the same be made and executed at some public treaty held for that An engrossed bill for determining the Northern purpose, under the authority of the United States: boundary of the territory ceded to the United And in lieu thereof, to insert a new section, declar-States by the State of North Carolina was read ing that no person shall be capable of acquiring the third time, and passed. any title to any lands beyond the Indian boundaries, and within those of the United States, by purchase, gift, or otherwise, from the Indians claiming the same; and that it shall be a misdemeanor in any person, punishable by fine and imprisonment, at the discretion of a jury, to obtain, accept, or treat, for any title to such lands. And when any Indians shall desire, of their own ac

An engrossed bill to regulate trade and intercourse with the Indian tribes was read the third

time, and passed.

JOHN TUCKER.

The House resolved itself into a Committee of the Whole House on the bill to compensate John Tucker.

Mr. SEDGWICK moved to fill the blank with five

JANUARY, 1793.]

Balances due certain States.

hundred and nine dollars. Mr. Tucker's petition stated that his actual expenses in attending on the Court five different times amounted to three hundred dollars, and that he paid nine dollars for a seal for the Circuit Court of Rhode Island.

[H. OF R.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. AMES, Mr. BENJAMIN BOURNE, and Mr. CLARK, do prepare and bring in the same.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," in which they desire the concurrence of this House.

MONDAY, January 21.

The motion was opposed. It was said that it would establish a dangerous precedent for the Government to pay the voluntary expenses of an applicant for an appointment under the United States; and that in the present case the actual services only ought to be compensated according to the provision made by a subsequent law. In reply it was said, that it was taken for granted An engrossed bill to compensate John Tucker Mr. Tucker had applied for the appointment, but was read the third time, and ordered to be recomno evidence of this is adduced; several circum-mitted to a Committee of the Whole House tostances were mentioned to show that the contrary morrow. was the fact, and that he was called to discharge the duties of the office. The question is, whether he ought not to have his necessary expenses, incurred in attending the courts reimbursed?

The motion for five hundred and nine dollars was superceded by a motion for three hundred and nine dollars, which was agreed to. The Committee rose and reported the bill with this amendment; which was adopted by the House, and the bill ordered to be engrossed for a third reading.

On a motion made and seconded, "That a committee be appointed to bring in a bill to make provision of half-pay for seven years, to the widows and orphans of such officers of the Army of the United States as have been killed in the service, since the third day of June, in the year of our Lord one thousand seven hundred and eighty-four, or who may hereafter be killed in the service of the United States."

Ordered, That the said motion be referred to the consideration of a Committee of the Whole House on Wednesday next.

The House resolved itself into a Committee of the Whole House on the report of the committee to whom was referred the report of the Secretary of the Treasury on the petition of Joseph Henderson; and, after some time spent therein, the Chairman reported that the Committee had had the said report under consideration, and directed him to report to the House their disagreement to

the same.

Mr. WILLIAMSON, from the committee appointed, presented a bill for the relief of sick and infirm seamen; which was read twice, and com

mitted.

The bill sent from the Senate, entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," was read twice, and committed.

BALANCES DUE CERTAIN STATES.

Mr. FITZSIMONS, from the committee to whom was recommitted the bill to authorize a Loan in the certificates or notes of such States as shall

have balances due to them upon a final settlement of accounts with the United States, reported an amendatory bill; which was received, read twice, and ordered to be committed to a Committee of the Whole House immediately.

The House, accordingly, resolved itself into the said Committee; when

section of the bill should be struck out, respecting Mr. GILES moved that the proviso in the second the assent of the individual States to the new Loan, as it does not agree with the idea precisely, contained in the resolutions on which the bill was founded; and, adverting to the provision contained in the Funding Law respecting these balances, he observed, that the bill now reported interfered with the disposition of the balances, whereas that law has vested the disposition of them exclusively in the several States..

Mr. FITZSIMONS said, that there was a variation The House proceeded to consider the said re- in the proviso in the bill, from that in the original port; and, on the question that the House do resolutions, which had accidentally taken place. agree with the Committee of the Whole in their He said, that the variation was certainly not in disagreement to the same, it passed in the nega-order, and he therefore moved that the proviso in

tive.

And then the said report being amended at the Clerk's table to read as follows:

"Resolved, That there be allowed to Joseph Henderson a yearly salary of one hundred dollars, for his services as Paymaster to the Navy Board for the Eastern Department, from the tenth day of August, one thousand seven hundred and seventy-eight, to the tenth day of August, one thousand seven hundred and eightytwo, being four years; and that the officers of the Treasury be authorized to pass the same to his credit, and to settle his account accordingly:"

It was, on the question put thereupon, agreed to by the House.

the bill should be amended so as to conform to the resolutions.

Mr. SEDGWICK remarked, that the gentleman last speaking was undoubtedly right in respect to the point of order, but he did not draw the same conclusion. The proviso in the bill may vary from that in the resolutions; but if it more completely comports with the ideas of a majority of the Committee, he saw no good reason for not adopting it. He added some observations on the remarks of Mr. GILES, which he considered as making it a question, whether the Government should literally comply with its engagements or not? This, he hoped, would never be made a sub

ject of debate in the Legislature of the United States.

Mr. FITZSIMONS said, he hoped the amendment which he suggested, would take place.

Mr. CLARK observed, that he thought the bill was altogether wrong; he moved, therefore, that it should be recommitted. Mr. C. entered into a general consideration of the subject.

Mr. LAURANCE was in favor of the Committee's rising. He cited an instance in point, which occurred the last session. A select committee on the census had exceeded the limits of the principles agreed to in the Committee of the Whole; the bill they reported was accordingly recommitted; the House would not then consent to altering the bill in the House, as it would sanction a deviation from established principles.

Mr. MURRAY was opposed to the Committee's, rising; he saw no occasion for it; the variation is merely verbal, and can be easily corrected.

[JANUARY, 1793.

He

motion, provided it was practicable; but he did
not see how it could be carried into execution.
Mr. WILLIAMSON supported the motion.
said it met his approbation so far as it would con-
duce to protecting the original holders of the State
debts from such speculations as they suffered at
the time of the former assumption.

Mr. SEDGWICK remarked on the rapid rise of the value of the paper, in consequence of the former assumption, and said, that, considering what human nature was constituted of, the speculations alluded to, and which he had lamented as much as any man whatever, were to have been expected. He then adverted particularly to the remarks of Mr. MERCER, in which he had said he had his suspicions even of the members of the House. Mr. SEDGWICK said, the ears of members had been often assailed by insinuations and suspicions of the base conduct of individuals in this House, as speculating in their own measures. If, said Mr. SEDGThe question for the Committee's rising was WICK, there is so base and infamous a character put, and agreed to. They accordingly rose, and within these walls; if there is one member of this reported progress. On motion, the Committee of House who has been guilty of this abominable the Whole was discharged. The bill was then conduct, of plundering his constituents of their recommitted to the select committee which re- property, in the manner represented, let his name ported it. The requisite alteration being made, be mentioned, let the man be pointed out. From the bill, as amended, was reported to the House the part he had taken in this matter from the betwice read, and referred to a Committee of the ginning, and from the suggestions which had been Whole. circulated, he had some reason to suppose it might be intended to implicate him in the charge. He could not help feeling himself called upon to notice such indiscriminate insinuations, such attempts to affix a stigma on particular characters; men whose reputation is their dearest possession. Mr. SEDGWICK then offered several objections to the motion; he remarked that its tendency would be to keep open the door of speculation.

The Committee proceeded in the discussion of the bill.

Mr. MERCER, after stating that various unfriendly remarks were made on the Government, and on particular members, in consequence of the former assumption, and informing the Committee that there was a large sum of the paper money of a particular State in this town, which was selling at ten shillings in the pound, observed that this bill would appreciate the value of that paper perhaps to 20s. in the pound. In order, therefore, to give the fullest information to the people of the United States, and to prevent those at seven or eight hundred miles distance from being defrauded, he moved an amendment, the object of which was to prevent certificates which have been transferred within a certain period from being subscribed to the loan.

Mr. FITZSIMONS said, as he had brought forward the resolutions on which the bill was founded, he thought it incumbent on him to notice the observations advanced by the gentleman in support of his motion. He remarked, that with respect to the general sentiment of the people, perhaps he knew as little about it as others; but this he knew, that if unfavorable impressions had not been made, it was not because attempts had been wanting for that purpose on the part of individuals within these walls. With respect to himself he felt no solicitude; but if any member of this House knew of any facts of the kind alluded to by the gentleman, let the person who knows of such things boldly come forward and charge openly the guilty; with respect to the present motion, he would have no objections to it, provided it did not interfere with the general provisions of the bill.

Mr. BOURNE said, he should be in favor of the

Mr. MERCER replied to Mr. SEDGWICK; he observed, that his remarks were directed to human nature at large; he considered it as a point not to be controverted that temptation, in proportion to its extensive and flattering prospects, would always have an influence; for himself, he could never wish to have his own honor and integrity put to the test. He subscribed to the sentiments of Mr. SEDGWICK, respecting the sacred nature of reputation, and repeated the lines from Shakspeare: He that robs me of my good name," &c.

Mr. WHITE said he disapproved of the principle on which the amendment was brought forward. He believed the aspersions on the members of Congress were totally unfounded. He did not doubt but speculations had been carried on to a very great extent, during the dependence of the Funding Act; but this could not be avoided; men would venture according to their opinion of the final event of the measure, and prices would consequently fluctuate. When the proposition for discrimination was brought forward, the price of paper fell: when it was rejected the price rose again. It was probably the same with regard to the State Debts, in the various stages of the subject; but surely no suspicion of improper conduct could fall on those who voted uniformly either for or against the measure. Indeed the above has generally fallen on those who opposed the assump

tion in the extent first proposed, and voted for it as finally modified. These were but five in number; they were easily known; three yet retain their seats, two are of the same State with the gentleman who offered the amendment, and are not now members of the House; that he was of the number, and he was confident that no man applying the charge of speculation to himself or to any one of those who voted with him, would believe there was the shadow of truth in it; but he would attend to the discussion; and, however he might dislike the reason assigned for offering the amendment, if he found any good likely to arise from it, would give it his vote.

Mr. MERCER's remarks brought out several other members, who, severally adverting to the circumstances attending the passing the Funding Act, showed that though they had voted for the system, that they were not influenced by personal considerations.

[H. of R.

of that faith, so far at least as the value of the certificates have been enhanced in consequence of what has already been done.

Several other members spoke on the occasion; and the motion was at length negatived by the Committee.

TUESDAY, January 22.

The SPEAKER laid before the House a Letter from the Secretary of War, accompanying his Report on the petition of Thomas Wishart; which were read, and ordered to lie on the table.

A memorial of the manufacturers of cordage, lines, and packthread, of Providence, in the State of Rhode Island, was presented to the House and read, praying the attention of Congress to the said manufacture, by repealing the drawback of the duties imposed by law on the reshipment and exportation of cordage, twine, and packthread, of foreign manufacture; and allowing a drawback of the aforesaid duties on foreign hemp, in case of its being manufactured and reshipped in the United States, or otherwise, as to the wisdom of Congress may seem meet.

Ordered, That the said memorial be referred to Mr BENJAMIN BOURNE, Mr. GOODHUE, and Mr. MOORE; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

The motion of Mr. MERCER was repeatedly modified and altered, and then further debated. Mr. BARNWELL said, he disapproved of the motion; it appeared to be a very extraordinary measure indeed; the ostensible motive is to prevent speculation, but it will have directly the contrary effect. The way, in his opinion, to prevent speculation, was to appreciate the value of the certificates in the hands of the holders; but what will be the effect of this measure? it will lessen the value of the paper immediately, by preventing the possess- Mr. WILLIAMSON, from the committee appointor from transferring the property. This he con-ed, presented a bill to promote commerce by the sidered as a retrospective measure, and that the increase of American seamen; which was received, Government had no right to abridge the right of read twice, and committed. transferring; it is a quality of the property, and cannot be taken away by any subsequent law. He considered the measure as counteracting the principles of the bill altogether, the design of which is to give a value to the paper in the hands of the owners. In every view of the proposition he was opposed to it; and though it appears designed to benefit the distant creditors, yet he felt so fully persuaded that it would operate to the disadvantage of his constituents, that he should under every modification vote against it.

The House proceeded to consider the report of the committee on the petition of Henry Emanuel Lutterloh, made on the 8th of May last: whereupon,

Resolved, That the Accounting Officers of the Treasury cause the account of Colonel Henry Emanuel Lutterloh, for his traveling and passage expenses, incurred in coming to America and joining the Army of the United States, in one thousand seven hundred and seventy-seven, being seven hundred and forty-six dollars, to be settled, and the amount thereof to be paid out of the Treasury of the United States.

Ordered, That a bill or bills be brought in, pursuant to the said resolution, and that Mr. GROVE, Mr. SCHOONMAKER, and Mr. BENJAMIN BOUrne, do prepare and bring in the same.

Mr. MADISON replied to Mr. BARNWELL; he observed, that the gentleman argued from proper principles, if they had been applied to a different case. The present proposition of providing for these balances is a voluntary business, which this Government is under no obligation to engage in; but having engaged in it, the measures it may adopt on the occasion, have no necessary reference BALANCES DUE CERTAIN STATES, to, or connexion with the general regulations un- The House again resolved itself into a Comder which the paper now exists; the Government mittee of the Whole House on the bill to authormay make just what arrangements it thinks pro-ize a Loan, in the certificates or notes of such per. The provision now contemplated, he re- States as shall have balances due to them upon marked, was however to be justified on its own a final settlement of accounts with the United merits; the uses and the consequences resulting States: from it, were designed to be salutary; and with Mr. MERCER'S proviso was again under consirespect to persons remote from the Seat of Govern-deration, some objection being made, Mr. MERment, who are equally entitled to protection in CER offered the proposition in a new form, still every sense with those who reside there, they would preserving the original object respecting transevidently be benefited by the regulation. fers or sales of certificates. The debate was renewMr. MURRAY opposed the motion, as being hos-ed on this motion. The question being at length tile to the public faith, as involving an infraction taken, the proposition was negatived-32 to 28.