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Those who voted in the negative, are,
Mess. Mason, of Va.
Mr. King, from the managers at the conference, on the subject of the disagreeing votes of the two Houses upon the bill entitled, “ An act concerning the convention to regulate the commerce between the territories of the United States and his Britannic Majesty," made the following report:
“ That the conferees of the House of Representatives commenced the conference by stating, that of the treaties made in pursuance of the Constitu• tion, while some might not, others may, require the enactment of laws to carry them into execution; and considering the convention with England as a treaty of the latter kind, the conferees of the House of Representatives made the following objections to the bill passed by the Senate:
1st. That by the addition of the word " declared" to the usual formula, instead of a bill of positive cnactment, it assumes the form of a declaratory law.
2d. That the bill is defective, because its commencement is uncertain.
3d. That it is defective, because its duration is uncertain.
4th. That it is furthermore defective in respect to the equalization of duties; it being uncertain whether, for this purpose, the native duties are to be raised, or the alien duties abolished.
The conferees of the Senate did not contest, but admitted the doctrine, that of treaties made in pursuance of the Constitution, some may not, and that others may, call for legislative provisions to secure their execution, which provision Congress, in all such cases, is bound to make. But they did contend, that the convention under consideration requires no such legislative provisions, because it does no more than suspend the alien disability of British subjects in commercial affairs, in return for the like suspension in favour of American citizens; that such matter of alien disability falls within the peculiar province of the treatypower to adjust; that it cannot be securely adjusted in any other way, and that a treaty duly made, and adjusting the same, is conclusive, and by its own authority suspends or removes antecedent laws that are contrary to its provisions.
That even a declaratory law to this effect is matter of mere expediency, adding nothing to the efficacy of the treaty, and serving only to remove doubts wherever they exist. The conferees of the Senate therefore insisted on retaining the word declared,” in addition to the usual formula of enactment, because it imparts to the bill passed by the Senate the character of a declaratory law; a quality without which any law would, in this case, be inadmissible.
A law that declares to be of no force or effect so much of all laws as are contrary to the provisions of the covention, recognises the existence and authority of that convention; the date and limita. tions of which must ascertain the commencement and duration of the law, while its stipulations place the people of the two nations on a footing of commercial equality by the abolition of discriminating duties on both sides.
Thus the bill passed by the Senate does not appear to be defective in the particulars referred to by the conferees of the House of Representatives: nevertheless, as doubts were expressed on this subject, the conferees of the Senate proposed certain amendments for the
of removing these doubts, and confirming the intentions and meaning of the bill.
The conferees of the Senate, therefore, recommend to the Senate, to insist on their disagreement to the amendments made to the bill by the House of Representatives, and to agree to the following amendments to the bill, which have been mutually agreed to by the conferees of the two Houses:
Line 2. After the word “ act,” strike out the words " or acts as are," and insert these words,
sí as imposes a higher duty of tonnage or of impost on vessels and articles imported in vessels of Great Britain than on vessels and articles imported in vessels of the United States."
Line 4. Strike out the word “ shall," and after the word “be" insert these words, “ from and after the date of the ratification of thesaid convention, and during the continuance thereof."
On motion, Resolved, That the Senate concur in the report, and that the bill be amended accordingly.
Ordered, That the Secretary notify the House of Representatives accordingly.
On motion, The Senate adjourned to 11 o'clock to-morrow morning
WEDNESDAY, FEBRUARY 28th, 1816.
Mr. Roberts reported from the committee that they had examined and found duly enrolled the bill entitled “ An act for the relief of John Redman Coxe,” also the bill entitled “ An act rewarding the officers and crew of the sloop of war Hornet, for the capture and destruction of the British sloop of war Penguin."
Mr. Williams from the committee on military affairs, to whom was referred the bill entitled 6 An act granting bounties in land and extra pay to certain Canadian volunteers," reported it without amendment.
Mr. Williams, from the same committee to whom was referred the bill entitled “ An act making further provision for military services during the late war, and for other purposes," reported it without amendment.
The bill to increase the pension of William Munday; was read the second time.
On motion by Mr. Tait, Ordered, That it be referred to the committee on naval affairs, to consider and report thereon.
The resolution proposing an amendment to the Constitution, to regulate the mode of choosing Representatives in Congress, and electors for President and Vice-President, of the United States; was read the second time.
The bill concerning field officers of the militia, having been reported by the committee correctly engrossed; was read a third time.
Resolved, That this bill pass, and that the title thereof be “ An act, concerning field officers of the militia."
Ordered, That the Secretary request the concurrence of the House of Representatives in this bill.
The bill for the relief of Jacob Babbitt and John Dennis, having been reported by the committee, correctly engrossed, was read a third time.
Resolved, That this bill pass, and that the title