most equal to the people, and most conducive to the public service. Mr. PAGE observed, that it appeared necessary to retain the clause, in order to effecting the object of uniformity; for, if the power is invested in fifteen different bodies, or individuals, it cannot be expected that they will ever agree in one uniform plan. Nor did he conceive that this regulation would, in the least, interfere with the essential powers of the several States. He was as much averse as any man from abridging any of the powers of the several States, but this regulation would not interfere with those powers in any manner whatever. Mr. SENEY was in favor of striking out. He thought it was a sufficient reason to reject the clause, but the President could not be supposed so competent to the business as the authority of the several States. Mr. SUMPTER was in favor of striking out. The scope of his observations was, that the United States have power only to say how the militia shall be organized, but it must be left to the several States to carry the plan into execution. Mr. LAURANCE stated the difficulties which would result from the want of uniformity, in case of the militia being called into actual service. Mr. NILES observed, that the relative boundaries of towns, States, and districts, rendered the uniformity contended for impracticable, and therefore the clause is nugatory. A great variety, as to numbers, in the companies and regiments of the Continental Army, actually existed during the late war, and yet no difficulty occurred from that circumstance. The motion for striking out was carried. It was then moved to insert: "In such manner as the Legislatures of the respective States shall direct." This was agreed to. Mr. GILMAN moved that the clause in the fourth section, which provides that the aids shall be taken from the line, and the words "with the rank of Major" should be struck out. He observed, that, in the regular service, on the principles of economy, this arrangement takes place; but he conceived this would be unnecessary in the militia, if not injurious to the service. This amendment was agreed to. The sixth section, which specifies the times of mustering and training the militia, says that the artillery, light infantry, troops of horse, &c., shall rendezvous four times a year, and the rest of the militia twice a year. Mr. J. SMITH rose to inquire the reason of the distinction between the companies. Mr. BARNWELL moved to add a proviso, authorizing the States to pass laws enjoining musters as often as they may see proper. [FEBRUARY, 1792. tived, and the Committee rose, and the House adjourned. WEDNESDAY, February 22. An engrossed bill providing for the settlement of the claims of persons under particular circumstances, barred by the limitations heretofore established, was read the third time and passed. Mr. FITZSIMONS, from the committee to whom were referred the Message from the President of the United States, of the eighth of this month, and a Letter from the Secretary of State accompanying the same, together with an account of John Brown Cutting, against the United States, made a report; which was read, and ordered to lie on the table. The SPEAKER laid before the House a Letter from the Secretary of State, accompanying a copy of the laws adopted and published by the Governor and Judges of the territory Northwest of the Ohio; which were read, and ordered to lie on the table. INDEMNITY TO GEN. GREENE'S ESTATE. On a motion made and seconded, that the House do come to the following resolution: "Whereas the late Major General Nathaniel Greene, on the eighth day of April, one thousand seven hundred and eighty-three, the more effectually to procure rations and supplies for the Southern Army of the United States, became bound as surety for John Banks and Company to Newcomen and Collet, merchants in Charleston, for the payment of eight thousand seven sixpence, sterling money, being the condition of said hundred and forty-three pounds, fifteen shillings and bond: "And whereas, on the first day of May, one thousand seven hundred and eighty-six, the balance of principal and interest of said bond, being then eight thousand six hundred and eighty-eight pounds six shillings sterling, was paid by the said General Greene: Therefore, "Resolved, That the United States shall indemnify the estate of the said General Greene for the said sum last mentioned, and the interest thereof: Provided, The Executors of the said General Greene shall account for a sum, being about two thousand pounds, be the same more or less, received of John Ferrie, one of the partners of the said Banks and Company, to be in part of the indemnification aforesaid; and also shall make over, for the use of the United States, all mortgages, bonds, covenants, or other counter-securities whatsoever, now due, which were obtained by the said General Greene account of his being surety for them as aforesaid, to be in his lifetime, from the said Banks and Company, on sued for in the name of the said executors, for the use of the United States:" Ordered, That the said resolution be committed to a Committee of the Whole House immediately. The House accordingly resolved itself into a Committee of the Whole House on the said reso Mr. BOUDINOT answered Mr. J. SMITH'S inquiry. He said the object was to form a nursery of off-lution; and, after some time spent therein, the cers for the militia, whenever detachments shall Committee rose, reported progress, and obtained leave to sit again. be suddenly called into actual service. Mr. J. SMITH objected to Mr. BARNWELL's proviso. He conceived that the States already fully possessed this power. THURSDAY, February 23. Mr. BOUDINOT, from the committee to whom The proviso, after further debate, was nega-were referred sundry petitions of the tanners of On motion that the House do come to the following resolution: "Resolved, That the Secretary of the Treasury cause to be laid before this House a statement of the balances remaining unpaid, if any, which may have been due by individuals to the United States previous to the fourth day of March, one thousand seven hundred and eightynine, and whether any, and what, steps have been taken to recover the same; and also a statement of the sundry sums of public money which may have been intrusted to individuals, previous to the said fourth day of March, one thousand seven hundred and eighty-nine, and have [H. of R. a compliance with the resolution would operate against the interest of the United States. The officers of the Treasury are proceeding in this business; no charge of remissness has been adduced; they have already made greater progress in settling the old accounts, since the new Government came into operation, than had been done in many years previous thereto; and their investigations receive no interruption but what arises from the more important business of the present Government. It was inquired what would be the effect of this resolution. It would bring forward one thousand or fifteen hundred names of persons apparently debtors to the United States; but the principal part of whom were either creditors, or did not owe the public one farthing. What is intended to be done as a consequence of this disclosure? Is it designed that suits shall be instituted against these persons? That would induce an unproductive expense to an amount which cannot now be estimated. The Comptroller is empowered by law to sue every delinquent; but is he to exercise no It was moved and seconded that the said reso-been stated, as a reason for adopting the resolu discretion in the discharge of his duty? It had lution be committed; and, on the question for tion, that its object was to ascertain to what commitment, the necessity of additional taxes; but, it was asked, amount these balances, if any, would supercede would the Government be justified in assessing one farthing less on account of these balances, which must be considered in a great measure as fictitious? It was further said, that it was utterly impossible for the officers of the Treasury to make out the statement in question during the present session. not been accounted for:" It was resolved in the affirmative-yeas 31, nays 27, as follows: YEAS.-Fisher Ames, Abraham Baldwin, Robert Barnwell, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Jonathan Dayton, William Findley, Thomas Fitzsimons, Benjamin Goodhue, Andrew Gregg, Thomas Hartley, Daniel Heister, James Hillhouse, Daniel Huger, Israel Jacobs, John W. Kittera, Amasa Learned, Samuel Livermore, Frederick Augustus Muhlenberg, William Vans Murray, Theodore Sedgwick, William Smith, Samuel Sterrett, Jonathan Sturges, Peter Sylvester, Jeremiah Wadsworth, Anthony Wayne, and Francis Willis. NAYS. John Baptist Ashe, John Brown, Elbridge Gerry, Nicholas Gilman, William Barry Grove, Philip Key, Aaron Kitchell, Richard Bland Lee, Nathaniel Macon, James Madison, Andrew Moore, Nathaniel Niles, John Page, Josiah Parker, Cornelius C. Schoonmaker, Joshua Seney, Jeremiah Smith, Israel Smith, John Steele, Thomas Sumpter, George Thatcher, Thomas Tredwell, Thomas Tudor Tucker, Abraham Venable, John Vining, Alexander White, and Hugh Williamson. Ordered, That the said resolution be committed to Mr. BOUDINOT, Mr. DAYTON, Mr. GERRY, Mr. SMITH, of New Hampshire, and Mr. BOURNE, of Rhode Island. Against the resolution, as originally proposed by Mr. MACON, it was objected that it was informal; that the law instituting the Treasury Department had made every competent provision in the case; that the duty of the Comptroller was particularly designated; and that, if he has been deficient, the proper mode would be to call him to an account, and if found remiss he should be impeached. The resolution contained an imputation on that officer, and yet no gentleman had come forward with any direct charges against him. It was further said, that information had been received from the Comptroller on this subject; that 2d CoN.-15 did not imply, either directly or indirectly, any In support of the resolution, it was said that it imputation against the Comptroller-the House has undoubtedly a right to call on any of its officers for information. It is an opinion abroad, that there are large sums due from individuals, and the public has a right to be satisfied that the proper steps have been taken to recover those sums. Those steps may have been pursued, but it is not known that they have; further, it was said, that this information was necessary in order to be able to form a competent judgment of the state of the public accounts; that the information in question, the House had a most undoubted right to receive; and that it was a very strange idea, indeed, to suppose that it contained any reflection on the Comptroller, or any other officer of the Treasury; it was further said, that no difficulties ought to deter the House from going into the investigation; it was immaterial whose names were brought forward in consequence, the balances due to the public ought to be known. That similar objections to those now offered will always lie against going into this investigation, and in proportion to the urgency of the inquiry will be the strength and ingenuity of those objections. With respect to the disclosure of names, it was observed, that the truth once known would set every man's character in a just point of light; the inquiry, so far from proving injurious to such characters, appears to be the most direct method to do away the prejudices and suspicions that have been circulated against them. It is said to be problematical whether there are any balances due; but, if it should appear that there are, they may be obtained, and a much greater sum realized than is now thought of, and new burdens on the people to that amount may be prevented. INDEMNITY TO GENERAL GREENE. The House then again resolved itself into a Committee of the Whole House on the resolution to indemnify the estate of the late General Nathaniel Greene for a certain suretyship entered into by the said Nathaniel in his lifetime on the public behalf; and, after some time spent therein, the Committee rose, and had leave to sit again. FRIDAY, February 24. A petition of sundry merchants of Philadelphia, trading to India and China, was presented to the House and read, praying the protection and encouragement of the General Government, either by prohibiting foreigners from interfering in the trade, or making a greater distinction than now exists, between the duties imposed upon goods imported into the United States, immediately from Asia, and those brought by the way of Europe. Referred to the Committee of the Whole House on the state of the Union. A message from the Senate, by Mr. OTIS, their Secretary, informed the House that he had brought to the House, the bill for making farther and more effectual provision for the defensive protection of the frontiers of the United States, together with a fair transcript from their Journal, of the amendments thereto; to which amendments the Senate desire the concurrence of this House. INDEMNITY TO GENERAL GREENE. The House then resolved itself into a Committee of the Whole on the resolution to indemnify the estate of the late Major General Nathaniel Greene for a certain suretyship entered into by the said Nathaniel, in his lifetime, on public account; and, after some time spent therein, the Chairman reported that the Committee had again had the resolution under consideration, and directed him to report the same, amended to read as follows: "Whereas the late Major General Nathaniel Greene, on the eighth day of April, one thousand seven hundred and eighty-three, the more effectually to procure rations and supplies for the Southern army of the United States, became bound as surety for John Banks and Company, to Newcomen and Collet, merchants in Charleston, for the payment of eight thousand seven hundred and fortythree pounds, fifteen shillings and sixpence, sterling money, being the condition of the said bond: [FEBRUARY, 1792. of the transaction between John Banks and Company with Messrs. Newcomen and Collet, in which General Greene was security for the said Banks and Company, it shall appear that neither General Greene nor his Executors shall have received any payment or compensation for. Provided, The Executors of the said General Greene shall account for a sum, being about two thousand pounds, be the same more or less, recovered of John Ferrie, one of the partners of the said Banks and Company, to be in part of the indemnification aforesaid. And also shall make over, for the use of the United States, all mortgages, bonds, covenants, or other counter securities, whatsoever, now due, which were obtained by the said General Greene in his lifetime, from the said Banks and Company, on account of his being surety for them as aforesaid, to be sued for in the name of the said Executors, for the use of the United States." The House proceeded to consider the said resolution; and, after some time spent therein, an adjournment was called for, and carried. SATURDAY, February 25. PROTECTION OF THE FRONTIERS. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for making farther and more effectual provision for the protection of the frontiers of the United States;" and the same being read, some were agreed to, others amended and agreed to, and other disagreed to. Ordered, That the Clerk of this House do acquaint the Senate therewith. MONDAY, February 27. A Report was received on the petitions of the importers of teas from India, which was in favor of the petitioners; and proposes extending the time for payment of the duties from one to two years. Laid on the table. On motion of Mr. W. SMITH, the laws for the government of the Western Territory, received from the Secretary of State, were committed to the committee on the petition of Judge Turner. GEORGIA CONTESTED ELECTION. This being the day assigned for the trial of the contested election in the case of the petition of JAMES JACKSON, complaining of an undue election and return of ANTHONY WAYNE, one of the members returned to serve in this House for the State of Georgia, the House proceeded to take up the same for consideration, and the petitioner, on his prayer, being admitted to the bar of the House last postponement had not afforded sufficient time Mr. WAYNE rose, and after observing that the "And whereas, on the first day of May, one thousand to receive the evidence which he meant to bring seven hundred and eighty-six, the balance of principal forward on this occasion, offered a resolution for and interest of the said bond, being then eight thousand a further postponement to the - Monday in six hundred and eighty-eight pounds six shillings ster- March next. ling, was paid by the said General Greene: Therefore, "Resolved, That the United States shall indemnify the estate of the said General Greene for the said sum last mentioned and the interest thereof, or for such sum as, upon due investigation by the officers of the Treasury, On motion, it was unanimously voted that a seat be assigned for the petitioner, Mr. JACKSON, in which he might, either by himself, or his attorney, state his objections, if any, to a further postponement. Mr. JACKSON accordingly took a seat within the FEBRUARY, 1792.] Protection of the Frontier-Militia Bill. bar, and addressing the Chair, offered several objections to a further postponement. To these objections Mr. WAYNE replied; and after sundry observations from various parts of the House, the question on taking up the order of the day was put and carried. The resolution for a postponement was then further discussed and amended, and finally agreed to in the following words, viz: [H. OF R. BROWN, be appointed managers at the said conference, on the part of this House. On the question that this House doth insist on their disagreement to the amendment of the Senate for striking out the fourteenth section of the said bill, in the words following, to wit: "And whereas, in case the forbearing to raise the whole, or some part of the said three additional regiments, should be deemed not consistent with the public "Resolved, That the trial of the contested elect- safety, it will still be desirable that all unnecessary exion of ANTHONY WAYNE, returned as a member pense should, as far as possible, be avoided; and, to that of this House to represent the State of Georgia, be end, that the officers of the same should only be appostponed to the second Monday in March next." pointed from time to time, as occasion may require— Thirty-six members rose in favor of the motion. "Be it enacted by the Senate and House of RepreMr. BALDWIN informed the House, that he had sentatives of the United States of America in Congress received certain papers relative to this election assembled, That the President alone be authorized to from the Supreme Executive of the State of Geor- make all such appointments as may not be required pregia, which he asked leave to lay on the table agree-vious to the close of the present session of the Senate, ably to instructions. and may become necessary before the next session of Congress :" Many objections were made to receiving these papers from all parts of the House. Mr. BALDWIN, after remarking that they contained many documents which the House must necessarily recur to in the course of the trial; and that he had so far pursued his instructions, as would fully exculpate the Executive of Georgia from any charge of remissness in duty on the occasion, took back the papers. Whereupon, as well the sitting member as the petitioner, being fully heard on the subject-matter of the said application: Resolved, That the trial of the said contested election be postponed until the second Monday in March next. TUESDAY, February 28. It was resolved in the affirmative-yeas 43, nays 9, as follows: YEAS.-Fisher Ames, John Baptist Ashe, Abraham William Smith, John Steele, Samuel Sterrett, Jonathan NAYS.-Egbert Benson, Thomas Fitzsimons, Thomas MILITIA BILL. PROTECTION OF THE FRONTIERS. A message from the Senate informed the House that the Senate recede from some and insist on other of their amendments disagreed to by this House to the bill for making further and more The House again resolved itself into a Comeffectual provision for the protection of the fron-mittee of the Whole House on the bill more effecttiers of the United States. ually to provide for the national defence, by esThe House proceeded to consider the said mes-tablishing a uniform Militia throughout the United sage. Whereupon, Resolved, That this House doth recede from the amendment to the thirteenth amendment proposed by the Senate to the eighth section of said bill, and doth agree to the said thirteenth amendment without amendment: also, that this House doth recede from their disagreement to the amendment proposed by the Senate to the sixth section of the said bill. Resolved, That this House doth insist on their disagreement to all the other amendments proposed by the Senate to the said bill, on which the Senate hath insisted; and also doth insist on the amendment to the third amendment proposed by the Senate to the sixteenth section of the said bill, to which the Senate hath disagreed. Resolved, That a conference be desired with the Senate, on the subject-matter of the amendments disagreed to; and that Mr. SEDGWICK, Mr. WILLIAMSON, Mr. WHITE, Mr. DAYTON, and Mr. States; and, after some time spent therein, the WEDNESDAY, February 29. A message from the Senate informed the House that the Senate agree to the conference proposed by this House on the subject-matter of the amendments depending between the two Houses to the bill entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," and have appointed managers at the said conference on their part. Ordered, That Mr. STEELE be appointed one of the managers at the said conference, on the part of this House, in the room of Mr. DAYTON, incapacitated by sickness. The SPEAKER laid before the House a Letter from the Treasurer of the United States, accompanying his account of receipts and expenditures H. OF R.] John Churchman-Militia Bill—Protection of the Frontier. of public money between the 1st of October and the 31st of December, 1791, inclusive; which were read, and ordered to be referred to Mr. FITZSIMONS, Mr. LAURANCE, and Mr. Ames. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, covering his report on the petition of the executors of Edward Carnes, deceased; which was read, and ordered to be committed to a Committee of the Whole House on Monday next. A memorial of the merchants of New York trading to India and China was presented to the House and read, praying the patronage and encouragement of the General Government, either by prohibiting foreigners from interfering in the said trade, or making a greater difference than now exists between duties on goods imported into the United States immediately from Asia and those brought by the way of Europe. Ordered, That the said memorial be referred to the Committee of the Whole House on the state of the Union. [MARCH, 1792. navigation, the Congress of the United States may, with great propriety, patronize such a person as Mr. Churchman, and grant him such aid as may be necessary to enable him to prosecute his laudable inquiries to good effect;' but the committee submit to the wisdom of the House to say whether, in the present circumstances of the United States, such grant shall now be made. As to that part of the memorial which states that, in the act for the encouragement of learning, by securing the copies of maps, charts, and books, to their authors and proprietors, the penalty annexed to the offences of copying such maps and charts was too small, and by no means adequate to the offence, and praying for an act to amend the same, the committee are of opinion that the prayer of the memorialist is reasonable, and that the copyright of maps, charts, tables, and prints, ought to be secured to their respective authors, or their assigns, by greater penalties than those declared in the act afore said." Ordered, That a bill or bills be brought in, pursuant to the said report, and that Mr. PAGE, Mr. GOODHUE, and Mr. GREGG, do prepare and bring in the same. MILITIA BILL. Mr. SMITH, of South Carolina, from the committee appointed to examine whether any, and what, alterations are necessary to be made in the The House again resolved itself into a Comacts establishing the Treasury and War Depart-mittee of the Whole House on the bill more efments, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Tuesday next. PETITION OF JOHN CHURCHMAN. The House proceeded to consider the report of the committee to whom was referred the petition of John Churchman. Whereupon, Resolved, That this House doth agree to the said report, in the words following: fectually to provide for the national defence, by establishing a uniform Militia throughout the United States; and, after some time spent therein, the Committee rose and reported progress. THURSDAY, March 1. Mr. GOODHUE, from the joint committee of the business is necessary to be done by Congress in two Houses appointed to consider and report what the present session, made a report; which was read, and ordered to lie on the table. Mr. WILLIAMSON, from the committee appointed, presented a bill to amend an act entitled "An act to promote the progress of Useful Arts;" which was received, and read the first time. "That the said Churchman, having pursued his inquiries into his theory of the variation of the magnetic needle, has found a number of observations, made in different parts of the world, which confirm his hypothesis; that, animated by this circumstance, and applauded for his ingenuity by several learned societies in Europe, The House again resolved itself into a Commitwhich have looked up to him for the prosecution of his plan for establishing the truth of his theory, he has been tee of the Whole House on the bill more effectemboldened to ask again the aid of the General Govern-ually to provide for the national defence, by estabment of the United States to enable him to gratify the lishing a uniform Militia throughout the United expectations of the philosophical world, and to put his States; and, after some time spent therein, the theory to an immediate and the strictest scrutiny. The Committee rose and reported progress. committee are free to declare it as their opinion, that Mr. Churchman's ingenuity, displayed in proposing and supporting his theory, and his labors in prosecuting his examination thereof, entitle him to the applause of the enlightened world, and to the encouragement and support of his country. And it is the opinion of the committee that, as a more perfect knowledge of the laws of magnetism, and the variation of the magnetic needle, is greatly to be desired, as it would furnish a ready means of adjusting and preventing disputes respecting the boundaries of ancient surveys of land, and of correcting many inaccuracies in geographical charts, and in the Resolved, That this House doth recede from journals of the courses and distances run by vessels at their disagreement to the amendment of the Sesea, every possible encouragement ought to be given to nate for striking out the fourteenth section of the all persons who, by their theories, confirmed by observa- said bill; also, that this House doth recede from tions, contribute towards the perfecting this desirable their disagreement to the amendments of the Seknowledge; and that, as the United States are peculiar-nate to the sixteenth section, and doth agree to ly interested in whatever can adjust or prevent disputes the said several amendments without amendment. between their citizens, and can improve geography and Resolved, That this House doth agree to an PROTECTION OF THE FRONTIERS. Mr. SEDGWICK, from the managers appointed on the part of the House to attend the conference with the Senate on the subject-matter of the amendment depending between the two Houses to the bill entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," made a report. Whereupon, |
