be postponed until the first Monday in December Yellott, praying liberty to export a number of fireMr. HOWARD presented the petition of Jeremiah arms and cutlasses, not adapted to the use of the army or navy; and the petition was read.

The VICE PRESIDENT laid before the Senate a report relative to the claim of Seth Harding, in pursuance of the act, entitled "An act for the re-reading. lief of the refugees from the British provinces of Canada and Nova Scotia," signed James M'Henry, Oliver Wolcott, and John Steele; and the report was read.

Ordered, That it be referred to Messrs. LANGDON, HILLHOUSE, and PAINE, to consider and report

Mr. GOODHUE presented the petition of the executors of Elias Haskett Derby, late of Salem, in Mr. WATSON, from the committee to whom was the State of Massachusetts, praying the interpo- referred the petition of Lyon Lehman, reported sition of Congress in regard to the tax assessed on that the committee have leave to bring in a bill the mansion-house of the deceased, stated to have for his relief; and the report was adopted; and been over estimated in the valuation; and the pe-ordered that the committee bring in a bill accordtition was read.

Mr. BINGHAM, from the committee to whom was referred the bill sent from the House of Rep Resolved, That the Senate will, to-morrow, at resentatives, entitled "An act for the relief of half past 12 o'clock, meet at the Senate Chamber, James Yard," reported the bill without amend-and from thence walk in procession to the German The Senate resumed the consideration of the bill prescribing the mode of deciding disputed

Resolved, That this bill pass with amendments. A message from the House of Representatives It passed in the negative-yeas 11, nays 19, as informed the Senate that the House have passed follows: a bill, entitled "An act further to suspend the comYEAS - Messrs. Anderson, Baldwin, Bloodworth,mercial intercourse between the United States and Brown, Cocke, Franklin, Langdon, Marshall, Mason. Nicholas, and Pinckney.

Proceedings.

entitled "An act to establish an uniform system of bankruptcy throughout the United States," was read the second time, and referred to Messrs. LAU-tain lands in the Territory of the United States The bill authorizing Seth Harding to locate cerRANCE, CHIPMAN, HILLHOUSE, LIVERMORE, and Northwest of the river Ohio, was read the second READ, to consider and report thereon to the time; and, after debate, the further consideration thereof was postponed.

FEBRUARY, 1800.

Non-intercourse with France.

Brown, Cocke, Franklin, Gunn, Marshall, Mason,
Nicholas, and Pinckney.

NAYS-Messrs. Bingham, Chipman, Dayton, Goodhue, Greene, Hillhouse, Howard, Langdon, Latimer, Laurance, Livermore, Lloyd, Paine, Ross, Tracy, and

Wells.

SENATE.

cession of the State of North Carolina, and the expe-
diency of making provision for the disposition thereof.
And it was agreed that the motion and amend-
be printed for the use of the Senate.
ment lie for consideration, and in the mean time

A message from the House of Representatives

On motion to strike out the 6th section, as fol-informed the Senate that the House have agreed lows:

to the conference, desired by the Senate, on the "SEC 6. And be it further enacted, That, at any subject-matter of the amendments depending betime after the passing of this act, it shall be lawful for tween the two Houses to the bill, entitled "An the President of the United States, by his order, to re- act in addition to an act, entitled 'An act regulamit and discontinue, for the time being, whenever he ting the grants of land appropriated for military shall deem it expedient, and for the interest of the services, and for the Society of the United BrethUnited States, all or any of the restraints and prohib-ren for propagating the Gospel among the Heaitions imposed by this act, in respect to the territories then," and have appointed managers at the same of the French Republic, or to any island, port, or place, on their part. belonging to the said Republic, with which, in his opinion, a commercial intercourse may be safely renewed: and, also, it shall be lawful for the President of the United States, whenever he shall afterwards deem it expedient, to revoke such order, and hereby to re-establish such restraints and prohibitions; and the President of the United States shall be, and he is hereby, authorized to make proclamation thereof accordingly."

It passed in the negative-yeas 11, nays 16, as follows:

NON-INTERCOURSE WITH FRANCE.

The bill, sent from the House of Representatives, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof," was read the third time.

Mr. PINCKNEY said, I feel much pleasure in being present at this discussion, because I have always wished that some parts of this bill, particularly those that relate to the delegation of the powers to the President, in the recess of Congress, should be

YEAS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney, NAYS-Messrs. Bingham, Chipman, Dayton, Good-maturely examined, in order that I might hear the hue, Greene, Gunn, Hillhouse, Howard, Latimer, Laurance, Livermore, Lloyd, Paine, Ross, Tracy, and Wells. And the bill being amended, it was ordered to the third reading, as amended.

reasons upon which, what appears to me, so unuhas taken place. Open as I always wish to be to sual and unconstitutional a delegation of authority conviction, it will give me much satisfaction to find that my doubts can be removed, and that the The Senate took into consideration the motion arguments I shall use against the bill can be anmade on the 17th instant, relative to the Indianswered and refuted. It is easily to be perceived titles of land extinguished within the State of Tennessee; and, after debate, it was agreed that the motion be withdrawn.

A motion was made, by Mr DAYTON, that it be

Resolved, That a standing Committee of Privileges, consisting of members, be appointed.

that this bill is an important one to all the Union, but particularly to the Southern States. It will be my endeavor to show that very serious inconveniences have arisen from the former bill, which this is intended to revive, both to Virginia and

Maryland, as well as to North and South Carolina and Georgia. I am not, it is true, so anxious about Ordered That it lie for consideration until to-it as I was formerly, because I trust our Commis

morrow.

WEDNESDAY, February 26.

sioners have used their powers so well, that an honorable and pacific arrangement with France will soon take place. I shall not, therefore, at this time, go into any observations on the nature and On motion, by Mr. MARSHALL, origin of our dispute with France, or give my opinWhereas the United States, by act of cession from ions on that subject; they have already been frethe State of North Carolina, claim the vacant and un-quently given and well known, nor do I see any appropriated lands within the State of Tennessee: And whereas the said State also claims these lands, as appears by an act of the Legislature thereof, passed the 5th day of January, 1799: And whereas it is desirable that the interfering claims should be settled in the most amicable manner; Therefore,

reason to alter them. I have strong Constitutional objections to this bill, which it is my duty to state, and which compel me not to suffer it to pass with a silent vote.

The precedents, sir, which any measures that are unconstitutional furnish, and the abuses to Resolved, That a committee be appointed to investi which they may be converted, are always to be gate the respective claims, and to inquire what will be guarded against. I have said, on a former occasion, the most advisable mode of settling them; and that the that improper doctrines or precedents, whether uncommittee be authorized to report by bill or otherwise.der the form of resolutions or of laws, if not early Whereupon a motion was made to amend the motion, as follows:

Resolved, That a committee be appointed to inquire into the situation and extent of the vacant and unappropriated lands claimed by the United States under the

opposed, were strengthened by time, and became liable to be applied to pernicious purposes. Upon examining the laws which are contained in the fourth volume, and which have been passed since March, 1797, there is reason to apprehend the pre

SENATE.

Non-intercourse with France.

FEBRUARY, 1800.

cedents established by some of them, may here- present Administration, for two or three years, after be more inconvenient in their consequences with constant and too effectual perseverance, for to our peace and safety than even that sort of ma- increasing the power of the Executive. In a ritime warfare, in which alone there is ever any former session, we have seen a large army voted, danger of this country being engaged with an Eu- which has since been partly raised, and is now reropean Power. The present bill I consider of the solved to be reduced. There was also an act aulike character, and I therefore very earnestly hope thorizing the President to raise, if in his opinion that a pacific arrangement will be concluded, the danger was so great as to require it, 10,000 which may prevent the effects I am afraid this ad- men, as a provisional army, and, of his own and ditional precedent will afford. I consider it as sole authority, to commission all the officers; there springing from the same source with most of the was also in this act, a clause authorizing the Premeasures which have been agitated for the last sident to accept of the service of volunteer corps, two years, particularly the provisional army, and and to appoint all the commissioned officers; alas going to establish the precedent of granting to though there is an express clause in the Constituthe Executive powers, in my judgment, unwar- tion, which says, that the appointment of all the ranted by the Constitution-of paving the way to officers of the militia, who may be employed in that Executive and Ministerial influence in the af- the service of the United States, shall be reserved fairs of our Government which may hereafter ren- to the States respectively. I must confess, I view der the Representative part of it, and the direction this delegation to the President, of the power to and influence they ought to have, more a name raise this provisional army or not, as in his opinion than anything else. It is astonishing to me, that, the danger of our situation may require, and the having the examples on this point of another na- power intended to be given by this bill, to remit tion before us-examples which we must recollect the prohibition of intercourse, and renew it again, were held forth by Congress, during the Revolution-with the whole, or any part of the French doary war, in the strongest language, as beacons to minions, as he pleases, as so intimately connected, warn us of similar dangers-we should, at so early and as standing so precisely on the same princia day, be preparing to precipitate ourselves into ples, that although it may not be perfectly in orthe same system. der, yet, in considering the one, I cannot help glancing at the other, as they both serve to bring before you the important question, how far the Constitution authorizes Congress to delegate to the President the exercise of such extensive powers. I have no doubt, in my own mind, that the Con

Look to Great Britain, from the first day of the present monarch's reign, and see what has been the progression of Executive and Ministerial influence there, within that time. Let any gentleman attentively examine the book entitled, "The history of the two acts passed, one for the preser-stitution does not authorize the delegation of these vation of the King's person against treasonable practices and attempts, and the other to prevent seditious practices and assemblies," and there will he find the best account I have met with, of the measures which have been pursued, step by step, to establish this Ministerial and Executive influence, until, by the confession of the most able and moderate of their own writers, the all-controlling power of the Minister is now such, that he can always direct their Parliament as he pleases, and plunge them in any war his personal resentment or self-interest may prompt him to, regardless of the expense or true interests of the nation. This enormous power in the hands of their Executive and Ministers, and the total loss of influence in the Representative part of their Government, must be attributed not to any one, but to a variety of measures, successively introduced, at first little suspected, but at length, under the sanction of precedent, increased to an alarming extent. Some gentlemen, who view such acts as the present improper, are averse to opposing them, because they think they see inutility in the attempt. I differ from them extremely, and consider it as the duty of every member to express his sentiments on such measures as appear improper, and to resist them, even though satisfied of the immediate inefficiency of that opposition, as it serves to keep the public mind awake to its safety and the conduct of their constituted authorities.

This bill is a branch of that system which has been pursued by the friends and supporters of the

authorities, and it is among the reasons that induce me to vote against this bill. It will be granted that no powers are more important to a nation than those to regulate commerce, and to declare warthese, therefore, are both exclusively given to Congress. It is observable, that although the power to make peace is given to the President, with the advice and consent of two-thirds of the Senate, yet, that so guarded is the Constitution upon the subject of war, that this is given to Congressthey alone can declare war, they alone can regulate commerce; nor can they constitutionally delegate this exercise of their authorities, by any limitations they can annex to the manner in which their agent is to execute them: they are powers so great, and so important to the peace and dearest interests of the people, that they are vested in Congress-they, and they alone, are to judge from the circumstances before them, whether war, or measures that may in their tendency involve a war, are expedient. With them also rests the power to say what shall be the nature of our commerce, or the regulations necessary to its rights and safety; with whom and under what conditions it shall be carried on; with what nations, and for what time it shall be interdicted. And are not these powers so great that they ought never to be exercised but by the representatives of the people? In giving to them exclusively the powers of war and commerce, does not the grant include all their incidental authorities? Where is the part of the Constitution which authorizes their delega