December, 1801.

Proceedings.

SENATE.

The Letter and Message were read, and order- taining an abstract of all the returns made by the ed to be printed for the use of the Senate.

Collectors of the Customs for the different ports, The papers referred to in the Message were in pursuant to the act for the relief and protection part read, and the Senate adjourned.

of American seamen, together with abstracts from

the communications received from the agents emWEDNESDAY, December 9.

ployed in foreign countries for the relief of AmeriThe reading of the papers referred to in the can seamen; which were read, and ordered to be Message of the President of the United States of printed. the 8th instant, was resumed, and five hundred

A motion was made by Mr. Jackson, seconded copies of the Message, together with the papers by Mr. Nicholas, that it be therein referred to, ordered to be printed for the

Resolved, by the Senate and House of Representause of the Senate.

tives of the United States, in Congress assembled, That, The Senate proceeded to the appointment

of a as a testimony of the high sense they entertain of the Chaplain to Congress on their part, and the Rev. nautical skill and gallant conduct of Lieutenant Andrew Mr. Gants was elected.

Sterret, commander of the United States' schooner En. terprize, manifested in an engagement with, and in the

capture of, a Tripolitan corsair of superior force, in the THURSDAY, December 10.

Mediterranean sea, fitted out by the Bey of that ReResolved, That James Mathers, Sergeant-at- gency to harass the trade, capture the vessels, and enslave Arms and Doorkeeper to the Senate, be, and he is the citizens of these States : the President of the Unihereby, authorized to employ one additional assis- ted States be requested to present Lieutenant Sterret tant, and two horses, for the purpose of perform- with a sword, with such suitable devices thereon as he ing such services as are usually required of the shall deem proper, and emblematic of that heroic action; Doorkeeper to the Senate ; and that the sum of three times struck his colors, and twice recommenced

and the mercy extended to a barbarous enemy, who twenty-eight dollars be allowed him weekly for hostilities-an act of humanity, however unmerited, the purpose during the session, and for twenty highly honorable to the American flag and nation : and days after.

that the President of the United States be also requeste A message from the House of Representatives ed to present Lieutenant Lane of the marines, who informed the Senate that the House have appoint- was with a detachment of that corps, serving on board ed a joint committee on their part for enrolled bills, the Enterprize in that engagement, and contributed, by and desire the appointment of such committee on his and his detachment's gallant conduct, to the success the part of the Senate.

of the day, with a medal, with such suitable devices as Resolved, that the Senate do concur in the ap- the President may deem fit. pointment of a joint committee for enrolled bills, Be it further resolved, In consideration of the intreand that Mr. Wright be the committee on the pid behaviour of the crew of the Enterprize, under the part of the Senate.

orders of their gallant commander, and their receiving

no prize money, the corsair being dismantled and reFRIDAY, December 11.

leased after her capture, that one month's pay over and

above the usual allowance, be paid to all the other offiJonathan Mason, from the State

of Massachu- cers, sailors, and marines, who were actually on board setts and James Sheare, from the State of New and engaged in that action ; for the expenditure of Hampshire, severally attended.

which charge Congress will make the necessary approThe President laid before the Senate a letter priation. from Samuel Meredith, Treasurer, together with

And it was agreed that this motion lie for con. his general, navy, and war accounts, ending 31st

sideration. December, 1800, 31st March, 30th Jupe, and 30th September, 1801; which were read.

Mr. Cocke presented the petition of Daniel Fox, Ordered, That they lie on file.

a soldier of the militia, under the command of General Sevier, in the year 1793, rendered incapa

ble of labor by a nervous complaint, contracted in Monday, December 14.

an expedition against the Cherokee Indians; and James HillHOUSE, from the State of Connec- praying relief. The petition was read. ticut, and Dwight Foster, from the State of Ordered, That it be referred to Messrs. Cocke, Massachusetts, severally attended.

Ellery, and Nicholas, to consider and report A message from the House of Representatives thereon. informed the Senate that the House have elected On motion, it was agreed, that the Message of the Reverend William Parkinson a Chaplain the President of the United States, of the 8th into Congress, on their part.

stant, be made the order of the day for to-morrow,

to be considered as in a Committee of the Whole. Tuesday, December 15.

The PRESIDENT laid before the Senate a letter The Senate met, but transacted no business.

from Simon WILLARD, to the Secretary of the Senate, on the subject of compensation for an

eight-day clock, purchased by order of the 25th of Wednesday, December 16.

February last, for the use of the Senate Chamber; The PRESIDENT laid before the Senate a letter which was read and referred to Messrs. Jackson, from the Secretary for the Department of State, J. Mason, and T. FOSTER, to consider and report with an annual return, ending the 9th instant, con- thereon.

a

SENATE.

Proceedings.

DECEMBER, 1801.

a

THURSDAY, December 17.

Mr. ANDERSON gave notice that he should, toThe President laid before the Senate the re- morrow, ask leave to bring in a bill for the 'disport of the Commissioners of the Sinking Fund; charge of Laurance Erb from his confinement. which was read and ordered to be printed for the use of the Senate.

Wednesday, December 23. The order of the day, on the Message of the President of the United States of the 8th instant, informed the Senate that the House have passed

A message from the House of Representatives, was postponed until to-morrow.

a bill extending the privilege of franking letters to

the delegate from the Mississippi Territory, and Friday, December 18.

making provision for his compensation, in which Mr. Tracy, from the joint committee appoint- they desire the concurrence of the Senate. ed the 7th instant, on a representation respecting

The bill was read and ordered to lie on the table. the books purchased in pursuance of a resolution Agreeably to notice yesterday given, Mr. Anof 24th April, 1800, made report; which was read DERSON obtained leave to bring in a bill authorizing and ordered to lie for consideration.

the discharge of Laurance Erb from his confineMr. Cocke, from the committee appointed on ment; which was read and passed to the second the 16th instant, to consider the petition of Daniel reading: Fox, made report; which was read and recom- Mr. Cocke, from the committee to whom was mitted, further to consider and report thereon.

recommitted, on the 18th instant, the petition of Daniel Fox, made a further report; which was

read and ordered to lie for consideration. SATURDAY, December 19.

The following Messages were received from the GOUVERNEUR Morris, from the State of New PRESIDENT OF THE UNITED STATES: York, attended.

Gentlemen of the Senate, Thomas SUMTER, appointed a Senator by the and of the House of Representatives : Legislature of the State of South Carolina, in the I now enclose sundry documents supplementary to place of their late Senator, Charles Pinckney, re- those communicated to you with my Message at the signed, produced his credentials, was qualified, and commencement of the session. Two others, of consid. took his seat in the Senate.

erable importance, the one relating to our transactions

with the Barbary Powers, the other presenting a view Monday, December 21.

of the offices of the Government, shall be communicated

as soon as they can be completed. The credentials of George Logan, appointed a Dec. 22, 1801.

TH: JEFFERSON. Senator by the Legislature of the State of Penosylvania, were presented and read; and the affirma- Gentlemen of the Senate,

and of the House of Representatives : tion prescribed by law was administered by the

Another return of the census of the State of MaryPresident. The President laid before the Senate a report which he desires may be substituted as more correct

land is just received from the Marshal of that State, from the Secretary for the Department of Treas- than the one first returned by him and communicated ury, in obedience to the directions of the act sup by me to Congress. This new return, with his letter, plementary to the act entitled "An act to estab- is now laid before you. fish the Treasury Department;" which was read, Dec. 23, 1801.

TH: JEFFERSON. and ordered to be printed.

The Message and papers therein referred to were A message from the House of Representatives informed the Senate that the House have passed a read, and severally ordered to lie for consideration. resolution that the Secretary of State be directed to cause to be furnished to each member of the

THURSDAY, December 24. two Houses a copy of the laws of the sixth Con

The bill authorizing the discharge of Laurance gress; in which they desire the concurrence of the Erb from his confinement was read the second Senate.

time, and committed to Messrs. ANDERSON, Tracy, The Senate took into consideration the report and Bradley, to consider and report thereon. of the joint committee, made on the 18th instant, The PRESIDENT laid before the Senate a report respecting the books purchased in pursuance of a of the Postmaster General, in obedience to the Act resolution of Congress of the 24th April, 1800; to establish the Post Office ;" which was read, and which report was adopted as amended, and sundry ordered to lie for consideration. resolutions consequent thereon agreed to.

The bill, sent from the House of Representatives

for concurrence, extending the privilege of franking Tuesday, December 22.

letters to the delegate from the Mississippi TerDavid Stone, from the State of North Carolina, ritory, and making provision for his compensation, attended.

was read the second time, and the further considThe resolution, sent yesterday from the House

eration thereof postponed until Monday next. of Representatives, authorizing the Secretary of State to supply the members of Congress with the

Monday, December 28. fifth volume of the laws, was.considered, and post

John Ewing Colhoun, appointed a Senator by poned for further consideration.

the Legislature of the State of South Carolina,

produced his credentials, was qualified, and took his

REPORTING THE DEBATES. seat in the Senate.

The PRESIDENT laid before the Senate a letter On motion, it was agreed that the bill extending signed Samuel H. Smith, stating that he was dethe privilege of franking letters to the delegate sirous of taking notes of the proceedings of the from the Mississippi Territory, and making provi- Senate, in such manner as to render them correct: sion for his compensation, which was the order of Whereupon, the day, be postponed to the 12th of January next. Resolved, That any stenographer desirous to

take the debates of ihe Senate on Legislative TUESDAY, December 29.

business, may be admitted for that

purpose, at such

place within the area of the Senate Chamber as The Senate proceeded to the consideration of the President may allot: Executive business.

And, on motion to reconsider the above resolu

tion, it passed in the affirmative-yeas 17, pays 9. WEDNESDAY, December 30.

Yeas—Messrs. Anderson, Breckenridge, Cocke, DayMr. Tracy gave notice that he should, to-mor- Jonathan Mason, Morris, Ogden, Olcott, Sumter, Tracy,

ton, Ellery, Dwight Foster, Hillhouse, Howard, Logan, row, ask leave to bring in a bill to carry into effect White, and Wright. the appropriations of land in the purchase of the

Nars—Messrs. Baldwin, Brown, Chipman, T. FosOhio company, in the Northwestern Territory, for ter, Franklin, Jackson, Nicholas, Sheafe, and Stone. the support of schools and religion, and for other

On motion, to amend the resolution, by adding, purposes.

aiter the word stenographer, “ He having given

bond in the sum of with two sufficient sureTHURSDAY, December 31.

ties, in the sum of each, for his good conMr. BRECKENRIDGE presented the petition of duct,” it passed in the negative-yeas 10, nays Isaac Zane, stating that he was made a prisoner 18, as follows: at the age of nine years by the Wyandot Indians, YEAS—Messrs. Chipman, Dayton, Dwight Foster, with whom he remained until he became of age; Hillhouse, Howard, Morris, Ogden, Olcott, Sheafe, and had a family by a woman of that nation, and a Tracy. tract of land was assigned him by the said 'nation, Nars—Messrs. Anderson, Baldwin, Breckenridge, on a branch of the Great Miami, and which tract Brown, Cocke, Colhoun, Ellery, T. Foster, Franklin, of land was ceded to the United States by a recent Jackson, Logan, S. T. Mason, J. Mason, Nicholas, treaty with the said Wyandot Indians, and pray- Stone, Sumter, White, and Wright. ing such relief as may be deemed equitable; and On motion, to agree to the original resolution, the petition was read, and committed to Messrs. amended by adding the words or note-taker," BRECKENRIDGE, Tracy, and Ogden, to consider after the words stenographer, it passed in the afand report thereon.

firmative-yeas 16, nays 12, as follows: A message from the House of Representatives YEAS—Messrs. Anderson, Baldwin, Breckenridge, informed the Senate that the House disagree to Brown, Cocke, Colhoun, Ellery, T. Foster, Franklin, the resolutions of the Senate respecting the books Jackson, Logan, s. T. Mason, Nicholas, Stone, Sumand maps purchased pursuant to a resolution of ter, and 'Wright. Congress of the 24th of April, 1800. They have Nays-Messrs. Chipman, Dayton, Dwight Foster, passed a bill concerning the library for the use of Hillhouse, Howard, J. Mason, Morris, Ogden, Olcott, both Houses of Congress, in which they desire Sheafe, Tracy, and White. the concurrence of the Senate.

So it was Resolved, That any stenographer, or The bill was twice read by unanimous consent, note-taker, desirous to take the debates of the Senand committed to Messrs. Tracy, Logan, and ate on Legislative business, may be admitted for Dayton, to consider and report thereon.

that purpose at such place, within the area of the The Senate took into consideration the motion Senate Chamber, as the President shall allot.* made on the 16th instant respecting Lieutenant Sterret, commander of the United States schooner [From the National Intelligencer of Jan. 8, 1802.] Enterprize; which motion was amended and * On Monday last the editor addressed a letter to the agreed to, and sundry resolutions adopted accord- President of the Senate, requesting permission to occuingly

py a position in the lower area of the Senate Chamber,

for the purpose of taking with correctness the debates MONDAY, January 4, 1802.

and proceedings of that body.

It may be necessary to remark that heretofore no steMr. BRECKENRIDGE notified the Senate that he nographer has been admitted in this area; and the upshould, on Wednesday next, move for the order of per gallery, being open to the admission of every one, the day on that part of the Message of the Presi- and very remote from the floor of the House, has predent of the United States of the 8th of December vented any attempt being made to take the debates, last, which respects the judiciary system.

SENATE.

Judiciary System.

JANUARY, 1802.

a

The President laid before the Senate a letter precipitate a vote on the question. Bui, having signed William Doughty, clerk, with the general given notice two days since of his intention to account of the late Treasurer of the United States, move this resolution, he was himself prepared, if to the 30th of September, 1801; which was read, other gentlemen were prepared, to offer his sentiand ordered to lie on file.

ments on the subject. But if this were not the case; if gentlemen were not prepared to enter in

to a discussion of a point of such importance, he WEDNESDAY, January 6.

was not anxious for immediate consideration. Mr. BRECKENRIDGE moved that the Senate pro

Mr. Tracy observed that the ordinary mode ceed to the consideration of the President's Mes- of procedure in Senate had been to refer, in the sage, delivered at the commencement of the ses- first instance, each substantive member of the sion. Agreed to.

President's Message to a select committee. But

though this was the usual course, yet he felt in no JUDICIARY SYSTEM.

way hostile to any mode of doing business, which Mr. Mason called for the reading of the Mes should be most agreeable to the gentleman from sage, which was in part read; when the further Kentucky, or to the House. With an adherence reading of the whole document was suspended, to the ordinary course, he would have been better and that part only read, which relates to the Ju- pleased, for the substantial reason, that by a refdiciary System.

erence of the subject to a select committee, on Upon which Mr. BRECKENRIDGE, from Ken- receiving a report, the minds of the House would tucky, rose, and stated that two days ago he had be drawn more precisely to the points involved given notice that on this day he would submit to in it, than could be expected from a resolution so the consideration of the Senate two resolutions loose as the present, which could only give rise to respecting the Judiciary Establishment of the verbal discussions. United States. As, however, those resolutions

Another course of procedure had not been unuwere not necessarily connected, and as they might sual—that of obtaining leave to bring in a bill, in be distinctly discussed, he would at present con- which event, the same result desired by Mr. Trafine himself to moving the first resolution ; with-cy would be insured, viz: the reference of the out however foreclosing to himself the right of bill to a committee. submitting the second after the disposition of the

Mr. S. T. Mason differed from the gentleman first. He, therefore, moved that the act passed from Connecticut. He believed the mode, now purlast session respecting the Judiciary Establish- sued, was perfectly correct, and conformable to a ment of the United States, be repealed.

principle adopted ihis session, that the Senate was (This is the act which created sixteen uew cir- to be considered as in a committee of the whole cuit judges.]

on the President's Message, whenever taken up. The motion was seconded by Mr. Mason.

Nor did he discern the necessity, in a body so se. After the resolution was read by the Presi- / lect as this, of referring each subject to a select DENT,

committee. But as the subject is extremely im. Mr. BRECKENRIDGE said he did not desire to portant, and some gentlemen seemed unprepared

for the discussion, he moved its postponement till place, within the area of the Senate Chamber, as the Friday, President shall allot.

Mr. BRECKENRIDGE said, that though he had Whereupon, a motion was made to reconsider the given notice, in his opinion sufficient, of his purabove resolution, and agreed to. The yeas and nays pose, yet, not wishing a precipitate discussion, he being taken, which were-yeas 17, nays 9.

would agree to the desired delay. It was then moved to amend the resolution by adding The consideration of the resolution was then after the word “ stenographer," " he having given bond | deferred to Friday next. in the sum of with two sufficient sureties in the sum of —each, for his good conduct.” On which the yeas and nays were called, and stood

THURSDAY, January 7. yeas 10, nays 18.

A message from the House of Representatives It was then moved to agree to the original resolution informed the Senate that the House have passed amended, by adding the words,“ or note-taker” after a bill for the apportionment of representatives the word “stenographer;" which passed in the affirma- among the several States, according to the second tive. The yeas and nays being required were--yeas 16, enumeration, in which they desire the concurnays 12. On Wednesday the editor had, accordingly, assigned

rence of the Senate. to him a convenient place in the lower area, from which

The bill was read the first time, and, by unanihe took notes of the proceedings of the Senate.

mous consent, a second time. On the adoption of the above resolution, which opens Nicholas, Ellery, Jackson, and Stone, to con

Ordered, That it be referred to Messrs. Logan, a new door to public information, and which may be considered as the prelude to a more genuine sympathy

sider and report thereon. between the Senate and the people of the United States,

Mr. Tracy, from the committee to whom was than may have heretofore subsisted, by rendering each referred the bill concerning the library for the use better acquainted with the other, we congratulate, with of both Houses of Congress, reported amendout qualification, every friend to the true principles of ments; which were read, and ordered to lie for our republican institutions.

a

JANUARY, 1802.

Judiciary System.

SENATE.

a

Friday, January 8.

brought by British creditors; this species of con

troversy is nearly at an end. The PRESIDENT read a letter addressed to him,

In Pennsylvania, the docket has been swelled and signed Thomas Tingey, and others, the ves by prosecutions in consequence of the Western iry of Washington parish, in behalf of themselves insurrection, by the disturbances in Bucks and and the other members of that church, soliciting Northampton counties; and by the sedition act. the use of the room in the Capitol now occupied These I find amount in that State to two hundred by the Court, as a place of worship on Sundays, and forty suits. during the inclemency of Winter.

In Kentucky, non-resident land claimants have Mr. Logan, from the committee, reported the gone into the federal court from a temporary conbill for the apportionment of representatives among venience: because, until within a year or two the several States, according to the second enupast, there existed no court of general jurisdiction meration, without amendment; and it was agreed co-extensive with the whole State. I find, too, that the further consideration of this bill should that of the six hundred and odd suits which havé be postponed to Monday next.

been commenced there, one hundred and ninetyJUDICIARY SYSTEM.

six of them have been prosecutions under the laws

of the United States. Agreeably to the order of the day, the Senate In most of the States there have been prosecuproceeded to the consideration of the motion tions under the sedition act. This source of litimade on the 6th instant, to wit:

gation is. I trust, forever dried up. And, lastly, in “That the act of Congress passed on the 13th day all the States a number of suits have arisen under of February, 1801, entitled · An act to provide for the the excise law; which source of controversy will, more convenient organization of the Courts of the Uni- I hope, before this session terminates, be also dried ted States,' ought to be repealed.”

up: Mr. BRECKENRIDGE then rose and addressed the

But this same document discloses another imPresident, as follows:

portant fact; which is, that notwithstanding all

these untoward and temporary sources of federal It will be expected of me, I presume, sir, as I adjudication, the suits in those courts are decreasintroduced the resolution now under considera-ing; for, from the dockets exhibited (except Kention, to assign my reasons for wishing a repeal of tucky and Tennessee, whose suits are summed upin this law. This I shall do; and shall endeavor to the aggregate) it appears, that in 1799 there were show,

one thousand two hundred and seventy-four, and 1. That the law is unnecessary and improper, in 1800 there were six hundred and eighty-seven and was so at its passage; and

suits commenced; showing a decrease of five hun2. That the courts and judges created by it, can dred and eighty-seven suits. and ought to be abolished.

Could it be necessary then to increase courts 1st. That the act under consideration was un- when suits were decreasing ? Could it be necesnecessary and improper, is, to my mind, no diffi- sary to multiply judges, when their duties were cult task to prove. No increase of courts or judges diminishing?' And will I not be justified, therecould be necessary or justifiable, unless the exist-fore, in affirming, that the law was unnecessary, ing courts and judges were incompetent to the and that Congress acted under a mistaken imprompt and proper discharge of the duties con-pression, when they multiplied courts and judges signed to them. To hold out a show of litigation, at a time when litigation was actually decreasing? when in fact litile exists, must be impolitic; and

But, sir, the decrease of business goes a small to multiply expensive systems, and create hosts way in fixing my opinion on this subject

. I am inof expensive officers, without having experienced clined to think, that so far from there having been an actual necessity for them, must be a wanton a necessity at this time for an increase of courts waste of the public treasure.

and judges, that the time never will arrive when The document before us shows that, at the pas- America will stand in need of thirty-eight federal sage of this act, the existing courts, not only from judges. Look, sir, at your Constitution, and see their number, but from the suits depending beine judicial power there consigned to federal fore them, were fully competent to a speedy de- couris, and seriously ask yourself, can there be cision of those suits. It shows, that on the 15th fairly extracted from those powers subjects of litday of June last, there were depending in all the igation sufficient for six supreme and thirty-two circuit courts, (ihat of Maryland only excepted, inferior court judges ? To me it appears imposwhose docket we have not been furnished with,)sible. one thousand five hundred and thirty-nine suits. The judicial powers given to the federal courts It shows that eight thousand two hundred and

were never intended by the Constitution to emseventy-six suits of every description have come brace, exclusively, subjects of litigation, which before those courts, in ten years and upwards. could, with propriety, be left with the State From this it appears, that the annual average courts. Their jurisdiction was intended princiamount of suits has been about eight hundred. pally to extend to great national and foreign con

But sundry contingent things have conspired to cerns. Except cases arising under the laws of swell the circuit court dockets. In Maryland, the United States, I do not at present recollect Virginia, and in all the Southern and Southwest- but three or four kinds in which their power exern States, a great number of suits have been tends to subjects of litigation, in which private

.