H. OF R. Civil List-Military Appropriations. APRIL, 1802. So amended the bill was ordered to a third read-partment of the quartermaster general, and for ing on Monday. contingencies. CIVIL LIST. The House then went into Committee of the Whole on the bill making appropriations for the Civil List. The several blanks were filled up, and some amendments made; when Mr. NICHOLSON moved a new section, making appropriation of dollars to the Attorney General, and other agents for services rendered under the British Treaty. Mr. NICHOLSON said he could not agree to the motion. The Secretary of War was a responsible officer, while the quartermaster general was not. He, therefore, wished to place the disbursement under the direction of the Secretary. There had been, to his knowledge, great abuses heretofore in the quartermaster's department. The Secretary is at present not responsible for the quartermaster general, and before his accounts are settled years may elapse. The present mode of appropriation Mr. BAYARD Opposed the appropriation as illegal. was not unusual. It was so made in 1797. What He stated that as the board of Commissioners, has hitherto been the usage? To consider the under the article of the treaty to which the ap- whole appropriation as a general fund from which propriation referred, had ceased to sit, and the money might be drawn as the Secretary of War services of the Attorney General and the agents pleases. The law has heretofore lumped in gross ceased, in his opinion no allowance should be made. the whole sum allowed for military service. But Mr. NICHOLSON stated that, under similar cir- this bill adopts a new plan. It specifies particucumstances, the late Attorney General had re-larly the several payments to be made. But in the ceived the additional compensation. quartermaster's department, where it is absolutely necessary to allow some discretion, it has been thought best to blend these two items to make the Secretary responsible. This has been done to prevent abuses. Mr. BACON opposed the resolution, on the same ground with Mr. BAYARD; when the question was taken, and the motion lost without a division. The Committee rose and reported the bill, which the House immediately took up. All the amendments were agreed to without a division, excepting one appropriating 15 per cent. in addition to the permanent allowance made to clerks in the respective departments. Mr. GRISWOLD moved to disagree to this appropriation, on the ground that the expense of living had decreased, and the duties of the clerks declined. Mr. NICHOLSON contested both points. He did not think the expenses of living had diminished since the last year, when the same allowance was made; and if the duties to be performed in some departments had diminished, which he did not allow, they had certainly increased in other departments, viz. the Treasury and Post Office departments. Mr. GRISWOLD'S motion was lost-yeas 21, nays 32. A bill making appropriation for the military service for the year 1802, was read a third time and passed. Mr. GRISWOLD moved, that the estimate of the Clerk, of the contingent expenses of this House for the present session, be printed. Mr. S. SMITH moved, that there be added thereto the estimate for the year 1798. The amendment, and the original motion, were carried. MILITARY APPROPRIATIONS. The House took up the bill making appropriations for the military service for the year 1802, in which several amendments were made by general consent. Mr. GRISWOLD.-The ideas of the gentleman from Maryland furnish a conclusive argument for the separation of these items. For, if blended, the whole sum may be taken for the quartermaster's department. Nor do we by this bill limit disbursements by the quartermaster general; for, under all expenditures, the warrants must be signed by the Secretary of War, This, therefore, does not place the quartermaster general's department more under the control of the Secretary of War, than it was placed before. Now, if we add sixteen thousand, which may go to the quartermaster's department, we extend the power of abuse. I therefore think that on the plan we are pursuing, we ought to make a separation of this appropriation into two items; then the sixteen thousand dollars will be under the direct control of the Secretary, and the remainder under the control of the quartermaster general. I know the former course was different. Sums appropriated were considered as grants of money to the department, to be applied to military servíces under law. This course is now complained of. I confess I do not feel great confidence in the course now pursued. But I am willing to try it, and to allow that if it succeeds, it will be a very fortunate and desirable thing. It is for this reason that I wish to pursue all through the plan according to the report of the Secretary. Mr. S. SMITH.-It will be remembered that we have now no such thing as a quartermaster's de partment. It follows that the gentleman from Connecticut (Mr. GRISWOLD) would fill up the blank with what does not exist. If he will examine the report of the Secretary of War, he will find an appropriation desired for what has heretofore been called the quartermaster general's department. But the gentleman is very candid. He says that he does not like this specific approMr. GRISWOLD moved to divide the item appropriation, and yet he is for carrying it so far as to priating forty-eight thousand dollars for the de-render it impossible for the department to move! One of the items of appropriation unites the contingent expenses of the War Department, estimated at $16,000, and the expenses of what has heretofore been denominated the Quartermaster General's department, estimated at $48,000 in the sum of $64,000. It is, however, but fair, that when a new experiment is made, it should be tried in conformity to the ideas of its friends; it is not fair that those inimical to it, should oppose it with hostile ideas. The gentleman says, it will be a good thing if it succeeds. Let him, then, suffer it to be tried. If he permits its friends to go on their own way, then if it fails to succeed, he may say: I warned you against it, and the blame is altogether yours. Not so, if the mode is altered by him; for he will himself then be responsible. In the year 1801, a law passed appropriating the gross sum of $2,093,000. [Mr. S. here quoted the law.] The sums thereafter specified were never considered as a restraint on the department. There was no contingent expense; that was included in the sweeping clause, under which the whole sum appropriated might have been applied to contingencies. For myself, I would just as lief have the old as the new system. I have great confidence in the heads of departments. I should have been well pleased that each head of department should have returned an account specifying the amount expended on each item, that we might be enabled to see where the sum appropriated was exceeded. But I found that the President had recommended specific appropriations. I found a majority of this House for it. I therefore acquiesced. I hope, therefore, the motion will not succeed; but that we shall give those who approve the new mode a fair chance for trying it. Mr. DANA supposed, though there might be a change of names, there could not be an army without something like a quartermaster general's department. At the opening of Congress we received from the President a recommendation of specific appropriations. It is well known that there has been a question for some time as to the most expedient mode of making appropriations. For himself, Mr. D. believed the only proper way was for the Army or Navy to receive a general sum, which shall be limited by law, as to pay, provisions, and other ascertained compensations. Latitude will forever be involved in the quartermaster's department, in the contingencies, and for ordnance, &c. These are the only cases where the laws admit a discretion. In the instance before the House, two of these are combined, and, so far as they go, they completely overthrow the idea of specific appropriations. Mr. D. said he was in favor of this, though he believed it against the President's recommendation, and in the very face of specific appropriations. He was, therefore, against the amendment of his colleague. Mr. NICHOLSON.-The gentleman from Connecticut (Mr. DANA) says these two items ought not to be involved, because it is in direct opposition to the recommendation of the President, and to our plan. I do not think so. He says there are three objects that necessarily involve great discretion, which are blended in the bill, and that it is proper to blend them. Why, if the gentleman had looked at the bill he would have found the very reverse. For the article of subsistence there is a distinct appropriation amounting to H. OF R. $201,000. This is a sum on which the quartermaster general, if there were one, is not any longer permitted to exercise a discretion; for he cannot now go beyond this expense, if he wished. This, too, is specifically in conformity to the advice of the President. An important limitation is here made, where the quartermaster general. used to exercise an unlimited discretion. For the Treasury books will show that the quartermaster general stands charged with the enormous sum of eight hundred thousand dollars. Hereafter the quartermaster general cannot avail himself of this latitude. For this purpose we want specific appropriations; but when we specify we ought to take care that we do not go too far. Though the President has recommended our making appropriations more specific than they have heretofore been, he did not affirm to what length, in his opinion, the specification should extend. But he had seen that great abuses had taken place, and therefore he recommended measures to correct them. According to the former mode the appropriations were made as general as could be, so that the officers of the War Department could incur nearly such expenses as they please. Not so under this bill. But it ought to be remembered that there may be expenses under the article of contingencies that may exceed sixteen thousand dollars. So in the department of the quartermaster general, they may exceed forty-eight thousand dollars. It is impossible rigidly to assign the limits of those expenditures. It has, therefore, been thought better to blend them together, and make the Secretary responsible. Whether we can make the former Secretary responsible for the quartermaster general I do not know; perhaps we cannot. The quartermaster stands charged with eight hundred thousand dollars; he has sold property to the amount of three hundred thousand dollars, and though written to, his accounts cannot be got. To remedy these evils we now make specific appropriations. Mr. EUSTIS said he thought the blending or separation of these items amounted to the same thing. If you appropriate forty-eight thousand dollars to what has heretofore been denominated the quartermaster's department, you allow the Secretary to expend that sum at the different posts. The question was then taken on Mr. GRISWOLD's motion to separate the items, and lostayes 17. When the bill was ordered to a third reading. MONDAY, April 26. An engrossed bill making appropriations for the support of Government, for the year one thousand eight hundred and two, was read the third time, and passed. An engrossed bill to repeal so much of the acts, the one entitled "An act establishing a Mint, and regulating the coins of the United States," the other an act, entitled "An act supplementary to the act establishing a Mint, and regulating the coins of the United States," as relate to the establishment of a Mint, was read the third time, and passed. A message from the Senate informed the House that the Senate have passed the bill, entitled " An act making provision for the redemption of the whole of the public debt of the United States," with several amendments; to which they desire the concurrence of this House. The House then proceeded to consider the said amendments of the Senate: Whereupon, Resolved, That this House doth agree to the same. The House resolved itself into o Committee of the Whole on the bill sent from the Senate, entitled "An act supplementary to an act, entitled An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned,' and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints;" and, after some time spent therein, the Committee rose and reported the bill without amendment. Ordered, That the said bill be read the third time to-morrow. A message was received from the Senate informing the House that they had passed the bill for abolishing the Board of Commissioners of the City of Washington, with certain amendments. On motion, it was Resolved, That the Secretary of the Treasury be required to make report and return to this House, in the first week of the next session of Congress, of the abstracts and lists of the valuation of lands and houses made in the several States, pursuant to the act" to provide for the valuation of lands and dwelling-houses, and the enumeration of slaves within the United States ;" and that he cause two hundred copies of the said report and return to be previously printed, and transmitted, for the use of Congress, at the time aforesaid. The House, resolved itself into a Committee of the whole House on the bill to incorporate the inhabitants of the City of Washington, in the District of Columbia; and, after some time spent therein, the Committee rose and reported several amendments thereto; which were severally twice read, and agreed to by the House. Ordered, That the said bill, with the amendments, be engrossed, and read the third time to-morrow. A Message was received from the President of the United States, in relation to the settlement of limits &c with the State of Georgia. The Message, and papers transmitted therewith, were read, and ordered to lie on the table. Mr. JOHN TALIAFERRO, junior, from the Committee appointed, presented a bill additional to and amendatory of, an act, entitled " An act concerning the District of Columbia; which was twice read and committed to a Committee of the whole House to-morrow. A message from the Senate, informed the House that the Senate have passed the bill, entitled "An act for the relief of the widows and orphans of APRIL, 1802. certain persons who have died, or may hereafter die, in the Naval service of the United States," with several amendments; to which they desire the concurrence of this House. The House took up the amendments of the Senate to the bill abolishing the Board of Commissioners of the City of Washington, &c. One of these amendments contained a number of distinct sections for establishing a company for cutting a canal to unite the main Potomac with the Eastern Branch thereof. Committed. JUDICIARY SYSTEM. A message was received from the Senate informing the House, that they had agreed to all the amendments made by the House to the bill "to amend the Judicials ystem of the United States," excepting one, viz: that which struck out the section that transferred the nomination of commissioners of bankruptcy from the district judges to the President, on which they insist. Mr. GILES moved that the House should recede from the amendment. This motion was supported by Messrs. TALIAFERRO, ELMENDORF, HOLLAND, S. SMITH, and MITCHILL, and opposed by Messrs. BAYARD, GRISWOLD, GODDARD, and MOTT. The question was taken by yeas and nays, and carried-yeas 45, nays 27, as follows. YEAS-Willis Alston, John Bacon, Theodorus Bailey, Phanuel Bishop, Richard Brent, Robert Brown, Thomas Claiborne, Matthew Clay, John Clopton, John Condit, Richard Cutts, John Dawson, William Dickson, Lucas Elmendorf, Ebenezer Elmer, William Eustis, John Fowler, William B. Giles, John A. Hanna, Daniel Heister, Joseph Heister, William Helms, James Holland, David Holmes, Michael Leib, John Newton, jr., John Randolph, jr., John Smilie, Israel Milledge, Samuel L. Mitchill, Thomas Moore, Thomas Smith, John Smith, of Virginia, Samuel Smith, Henry Southard, Richard Stanford, Joseph Stanton, jr., John Stewart, John Taliaferro, jr., David Thomas, Philip R. Thompson, Abram Trigg, Philip Van Cortlandt, John P. Van Ness, and Isaac Van Horne. NAYS-John Archer, James A. Bayard, John Campbell, Manasseh Cutler, John Davenport, Thomas T. Davis, Abiel Foster, Calvin Goddard, Edwin Gray, Roger Griswold, Seth Hastings, Archibald Henderson, Benjamin Huger, Lewis R. Morris, Thomas Morris, James Mott, Anthony New, Joseph H. Nicholson, Nathan Read, William Shepard, John Smith, of New York, Benjamin Tallmadge, Samuel Tenney, Thomas Tillinghast, John Trigg, Peleg Wadsworth, and Lemuel Williams. TUESDAY, April 27. An engrossed bill to incorporate the inhabitants of the City of Washington, in the District of Columbia, was read the third time: Whereupon a motion was made, and the question being put, to amend the bill at the Clerk's table, by adding to the end thereof a new section, in the words following, to wit: "Provided always, and be it further enacted, That no tax shall be imposed by the City Council on real property in the said city, at any higher rate than three quarters of one per centum on the assessment valuation of such property:" It was unanimously resolved in the affirmative. Ordered, That the said amendment be presently engrossed, and, together with the bill, be read the third time. The said amendment being brought in engrossed, the bill, as amended, was read the third time; and, on the question that the same do pass, it was resolved in the affirmative. The bill sent from the Senate, entitled "An act supplementary to an act, entitled 'An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned,' and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints," was read the third time; and on the question that the same do pass, it was resolved in the affirmative. H. OF R. and thirty dollars, and ninety-two cents, have been expended in purchasing navy yards and making improvements upon them, without any law authorizing the purchase, or any appropriation of money, either for purchase or improvements." DISTRICT OF COLUMBIA. The House went into Committee of the Whole on the bill respecting the District of Columbia. [This bill vests certain chancery powers in the courts of the District-alters the periods of holding the courts viz: for Washington county to be held in July and December; for Alexandria county in June and November; directs that no person shall be held to bail unless resident for two months in the Territory-directs that no execution on the person of the debtor shall be issued for judgments under twenty dollars, but that all such process shall hereafter go against the effects of the debtor, executed by the constable, under reduced fees; gives A Message was received from the President of to the Corporation of Georgetown the power of the United States, transmitting a copy of the Con- taxing town lots for specified purposes; repeals so vention with Great Britain. The Message was much of acts of 1801, as provide for the comread, and, together with the Convention transmit-pensation of jurors and witnesses, with other proted therewith, ordered to be referred to the Committee of Ways and Means. Mr. SAMUEL SMITH, from the committee appointed the seventh of January last, on the memorial of Evan Thomas and others, and to whom was referred, on the twenty-seventh of the same month, a Message from the President of the United States relative to trade and intercourse with the Indian tribes, reported a bill to revive and continue in force an act, entitled "An act for establishing trading-houses with the Indian tribes;" which was read twice and ordered to be engrossed and read the third time to-day. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for the relief of the widows and orphans of certain persons who have died, or may hereafter die, in the Naval service of the United States:" Whereupon, Resolved, That this House doth agree to the said amendments. An engrossed bill to revive, and continue in force, "An act for establishing trading-houses with the Indian tribes," was read the third time and passed. A message from the Senate informed the House that the Senate have passed a bill, entitled "An act to extend, and continue in force, the provisions of an act, entitled 'An act giving a right of preemption to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the Territory Northwest of the Ohio, and for other purposes;" to which they desire the concurrence of this House. The said bill was read twice and committed to a Committee of the Whole House to-morrow. Mr. MITCHILL, from the committee appointed on so much of the President's Message as relates to naval sites, &c., made a further report. The report concludes as follows: "The committee find that, prior to the fourth of March 1801, the sum of one hundred and ninety-nine thousand 7th CoN.-40 visions.] Mr. GRISWOLD moved to strike out the fourth section, which directs that no person shall be held to bail unless resident for two months in the Territory. This motion was supported by Messrs. GRISWOLD, HENDERSON, BAYARD, and NICHOLAS; and opposed by Mr. TALIAFERRO. The motion was agreed to. Mr. GRISWOLD moved to strike out the section, which saves the person from arrest for debts under twenty dollars. The The Committee then rose and reported the bill. Mr. GRISWOLD moved to recommit it. motion was carried, and the House adjourned. WEDNESDAY, April 28. The SPEAKER laid before the House a letter from the Secretary of the Treasury, enclosing his report on the memorial of Ferdinand Mullenheim, referred to him, by order of the House, on the fifteenth ultimo; which were read, and ordered to lie on the table. Mr. JOHN TALIAFERRO, junior, from the committee to whom was yesterday recommitted the bill additional to, and amendatory of an act entitled "An act concerning the District of Columbia," as amended by the Committee of the Whole House, reported an amendatory bill; which was read twice, and ordered to be engrossed and read the third time to-day. A message from the Senate informed the House that the Senate have passed the bill, entitled "An act to repeal, in part, the act, entitled 'An act regulating foreign coins, and for other purposes," with two amendments; to which they desire the concurrence of this House, The House proceeded to consider the said amendments: Whereupon, Resolved, That this House doth agree to the same. The House resolved itself into a Committee of the Whole on the amendments of the Senate, to add nine new sections to the end of the bill, entitled "An act to abolish the Board of Commissioners in the City of Washington, and to make provision for the repayment of loans made by the State of Maryland, for the use of the city ;" and, after some time spent therein, the Committee rose and reported to the House their agreement to the same, with several amendments; which were read, and partly considered. Ordered, That the farther consideration of the report of the Committee of the Whole House be postponed until to-morrow. An engrossed bill additional to, and amendatory of, an act, entitled "An act concerning the District of Columbia," was read the third time and passed. A petition of Thomas Cooper, of the county of Northumberland, in the State of Pennsylvania, was presented to the House and read, setting forth that, in the month of April, eighteen hundred, he was tried and condemned at Philadelphia, before Samuel Chase and Richard Peters, judges of the circuit court of the United States there sitting, for having written and published a libel upon the political character and conduct of John Adams, the then President of the United States; and was thereupon adjudged to pay a fine of four hundred dollars, and to suffer an imprisonment of six months; which punishment he accordingly underwent; that he apprehends the said trial, condemnation, and punishment, were unjust: first, because the law, commonly called the Sedition law, under which he was indicted, was passed in direct opposition to the letter and the spirit of the Constitution of the United States; and secondly, because the said judges did not only take for granted the constitutionality of the said law, but did unjustly and improperly refuse to grant him a subpoena ad testificandum, directed to the said John Adams; and therefore praying such redress as the wisdom of Congress shall deign to bestow. Mr. GRISWOLD moved to reject the prayer of the petition. Mr. GILES moved to postpone the consideration of the petition till the third Monday in November. On this motion a debate ensued, in which Mr. GILES and Mr. RANDOLPH supported, and Mr. GRISWOLD and Mr. BAYARD opposed the motion. The question on postponement was carried, by a large majority. THURSDAY. April 29. Mr. NICHOLSON, from the committee appointed on the fourteenth of December last, to inquire and report whether moneys drawn from the Treasury have been faithfully applied to the objects for which they were appropriated, and whether the same have been accounted for, and to report, likewise, whether any further arrangements are nenessary to promote economy, enforce adherence to legislative restrictions, and secure the accountability of persons entrusted with the public money, made a report; which was read, and ordered to lie on the table. The House resolved itself into a Committee of the Whole on the bill, entitled "An act to extend APRIL, 1802. and continue in force the provisions of an act, entitled 'An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the Territory Northwest of the Ohio, and for other purposes;" and, after some time spent therein, the Committee rose and reported progress. A message from the Senate informed the House that the Senate have passed the bill, entitled "An act to enable the people of the Eastern division of the Territory Northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes," with several amendments; to which they desire the concurrence of this House. The House proceeded to consider the amendments of the Senate to the bill stated in the foregoing message: Whereupon, Resolved, That this House doth agree to all the said amendments. A message from the Senate informed the House that the Senate have also passed the bill, entitled "An act to establish the compensations of the officers employed in the collection of the duties on imports and tonnage, and for other purposes," with several amendments; to which they desire the concurrence of this House. The House proceeded to consider the amendments of the Senate to the bill last_mentioned, and, the same being read, were agreed to. Mr. RANDOLPH, from the Committee of Ways and Means, presented a bill making an appropriation for carrying into effect the Convention between the United States and the King of Great Britain; which was read twice, and committed to a Committee of the whole House this day. The House accordingly resolved itself into the said Committee; and, after some time spent therein, the Committee rose and reported several amendments thereto; which were severally read and agreed to. Ordered, That the said bill, with the amendments, be engrossed, and read the third time this day. The House resumed the consideration of the amendments reported yesterday from the Committee of the Whole to the amendments of the Senate to the bill, entitled "An act to abolish the Board of Commissioners in the City of Washington, and to make provision for the repayment of loans made by the State of Maryland for the use of the city;" and the same being read were agreed to. Resolved, That this House doth agree to the amendments of the Senate to the said bill. On motion, it was Ordered, That the committee to whom was referred, on the twenty-sixth of February last, a letter from William Henry Harrison, Governor of the Indiana Territory, enclosing certain resolutions of the grand jury of the county of Knox, in the said Territory, asserting the rightful claim of that Territory to the Island of Michilimackinac, and its dependencies, as an integral part of the |