3 JANUARY, 1790.] Sale of Public Lands. [H. or R. the table, and that the Secretary of the Treasury grants to people her territory. He supposed the notoriously rapid population of the present inhabitants was of itself sufficient for the purpose. It must have struck the observation of every gentleman, that they were daily throwing off vast num-report; from the peculiar circumstances which bers, and extending the settlements into that country which some gentlemen seemed to think could not be too early cultivated. But, nevertheless, he was willing to let foreigners come in gradually, and in the same way he was inclined to dispose of the lands. He thought it would be most judicious to lay off a district at a time, reserving some lots, which, with the increasing population of the surrounding ones, would increase in value, and ultimately these reserved lots would bring more into the Treasury than the others. He wished the business to go to the Secretary of the Treasury, because he supposed he had the best information respecting it. Mr. BALDWIN.-If the application of every individual to purchase lands of the United States is to come before this House, we shall, I believe, | have no leisure to attend to the more important parts of our duty. I think, Mr. Speaker, it must plainly appear, from the discussion which has now taken place, that we are not a proper body to enter into contracts with individuals. To perform acts of this nature with propriety, we ought to be possessed of the whole train of information on the subject; but it is pretty apparent that we are not fully acquainted with it. There has been a difficulty suggested, whether, by the common law, which is adopted in the several States, an alien can hold real estate in this country. If the common law excludes aliens from possessing lands in their own right, be it remembered that we have not adopted the common law, and therefore are free from its restraints. He now called the attention of the House to the practice of the former Congress, showing that they referred similar applications to their Board of Treasury, who contracted for and sold the lands. If it was proper and convenient to give credit, the public did not give a patent for the land; they only gave an acknowledgment that they received so much on account, and an assurance that when the remainder of the purchase money should be paid, a proper and full conveyance of the property would be made on the part of the Government. From these considerations, he was in favor of referring the business to the Secretary of the Treasury, that he might report a uniform system for the sale of these lands. But to refer the report of a committee of the House to any Executive officer appeared to him informal, and derogatory to their dignity. Mr. PAGE had no objection to refer the subject generally to the Secretary of the Treasury; but he hoped the House would first decide upon the report, and then the petitioner might negotiate with the proper officer, and get his business finished. The motion for referring the report to the Sectary of the Treasury was put and lost. Mr. BALDWIN then moved that the report lie on Mr. SEDGWICK.-Whatever might be his opinion of the present application, and however desirous he might be to encourage the sale of the Western Territory, the present experiment had determined him to shut the door against all private applications to this House. It is said, the person is a foreigner; that he lives at a distance, and must speedily complete his contract. These are reasons why we must contemplate his particular circumstances, and provide for a partial exertion in his favor. If these are arguments sufficient to induce the House to pay him exclusive attention, what would be said on the application of a fellow-citizen? Do gentlemen suppose that a foreigner is entitled to more peculiar regard than such a man? If they do not, we shall be perpetually employed in a menial business, and which we are greatly incompetent to. We shall most assuredly have to extend our sessions for the whole two years of our appointment; and our time and expenses will, perhaps, cost more than all we shall get by the sale of the land. ' Mr. WHITE said, if a general system was now adopted, he should not think of a discrimination in favor of any one; but as that was not in existence, and as the necessity is pressing, he was induced to hope the House would make the special provision mentioned in the report. Indeed, he thought that the success of the present motion would be a negative to the application, and would throw such a discouragement in the way of similar offers, that he feared the United States would be considerable sufferers in the end. He thought an application for fifty thousand acres, which was really and speedily intended to be settled, ought not to be compared to the million acre purchases, which it was almost impracticable to settle. A division of the question being called for, it was determined that the report lie on the table. And then, that the Secretary of the Treasury report a uniform plan, &c. The report of the Secretary of War on the petition of C. Merkle was called up for a second reading, and, after some consideration, it was ordered to lie on the table. Mr. WADSWORTH, from the committee on the business respecting the Southern frontiers and Indian affairs, informed the House, he was ready to report; but this being a subject communicated by the President in confidence, the galleries were cleared. After a short interval they were opened. UNFINISHED BUSINESS. A message was received from the Senate informing the House, that they had appointed Messrs. MACLAY, ELLSWORTH, and HENRY, to confer with a committee to be appointed by the House, for the purpose of establishing a joint rule to determine whether the unfinished business of last session should be taken up in the present, in the same manner as if no adjournment had taken place. It was then moved that the House concur with the Senate, and appoint a committee accordingly. Mr. PAGE said, that the House had already decided the question by their practice, and therefore a committee was unnecessary, unless the Senate had pursued a different mode. He remarked the ill consequences flowing from a contrary practice, and hoped the Legislature of the Union would never be exposed to them. He thought it would have a very singular appearance, to give reason for supposing that the House had sat fourteen days, and did not yet know the state of their unfinished business. Mr. SEDGWICK hoped a committee would be appointed, for there was nothing improper proposed to their consideration. The Senate wish for a joint rule which will be productive of uniformity and harmony. Shall we abridge them of an opportunity of carrying their good intentions into effect? Will this be decent or respectful? Will it be acting as one gentleman ought to act to another? He thought it would not. [JANUARY, 1790. militia, and the two objects were in effect the same; that the very members who were appointed on the one, were re-appointed on the other; but if gentlemen did not think this case sufficient to determine the question, he would refer them to the Journal for others. They would there find that a committee had been appointed at the last session to bring in a bill for enumerating the inhabitants of the United States, and that that subject had been specially referred to another during this ses sion; it therefore necessarily followed, that the business of the last session was done away by its expiration. Mr. STONE thought it was prudent to appoint a committee, in order to prevent a disagreement in the practice of both Houses. If the Senate were not consulted, they might pursue a different prac tice from what was adopted by the House; they might pass the bill that was now before them, and send it to the President for his approbation, in which case he presumed the bill would be a law; but if other gentlemen differed in this opinion, he did not see any necessity for involving the public in the discussion, when it might be avoided by so little trouble. Mr. LEE expressed a wish that the Speaker would please to inform the House whether he did not conceive that the decision which had taken place on appointing a committee on the subject of enumerating the inhabitants, had clearly decided the question, that the business which was left unfinished at the last session should be taken up de novo. The SPEAKER said, that there was a motion first proposed by a gentleman from Massachusetts, to Mr. LEE differed in opinion with the gentleman discharge the committee; but this was withdrawn, last up. He thought each House ought to estab-in order to give room for a motion to go into a lish its own rule of procedure; it was the right Committee of the Whole on the President's they derived from the Constitution, and a step of Speech. this kind might be construed to deprive them of its free exercise; he was, therefore, against setting a precedent injurious to the privileges of the House. If, indeed, there was a difference between the two Houses in their practice, a committee of conference might be proper, but there was none such that he had heard of; the House had decided already for themselves, that they would take up the business de novo; if the Senate did the same, there could be no occasion for the appointment of a committee. Mr. STURGIS thought there was a propriety in establishing a joint rule of both Houses, with respect to what passed from the one to the other; if they adopted a different rule with respect to other matters, he did not suppose there would be any clashing; he was therefore inclined to confine the consideration of the committee to the first point alone. Mr. SMITH contended, that the House had already determined the question which the committee were proposed to consider of; the House had already appointed a committee to bring in a bill to provide for the national defence, although a committee was appointed for that purpose at the last session; that is, a committee was appointed to bring in a bill for the general regulation of the This motion being lost, a motion was made to confer with the committee of the Senate to report to both Houses a uniform rule of proceeding; bat this, after some debate, was withdrawn; then a question for appointing a committee on the business of the census was put and agreed to. Mr. SMITH begged leave to differ from the hon orable Speaker, as he supposed the motion of ap pointing a committee of conference was put, and negatived. Mr. WHITE remembered that such a motion had been made, but did not recollect how it was g rid of; but he presumed that the motion which obtained, decided that the unfinished business of the last session ought to commence de novo. Mr. JACKSON thought it was a question of po liteness, and he wished to keep on good terms with the Senate; therefore, he was in favor of the motion. the sense of the House with respect to the unfinish Mr. CLYMER said, if gentlemen wished to know ed business, they might consult the Journal of the last session. When the House was pressed in point of time, after an adjournment had bees deemed expedient, they determined to refer suct business as they were not able to complete, spe cially to the next session. Not only this House JANUARY, 1790.] Arrangement of the Militia. [H. OF R. The motion, however, for referring the petition was adopted. have agreed to this principle, but the Senate have served, that the losses sustained to the Southdone the same. By their message, the last day ward, by the people of South Carolina and Georbut one of the late session, we find that they ex-gia, were so great, that it would require all the pressly postponed, until the next session of Con- money the public were possessed of to compensate gress, the consideration of the amendment pro- them their entire crops for one or two years havposed by this House to the amendment of the ing been totally destroyed. Senate to the bill for establishing the seat of Government. What does this mean, but that the House should be in possession of the business at the subsequent meeting? If the House had been impressed with the idea of gentlemen who are for originating the unfinished business de novo, they would only have recommended the consideration of those subjects at this meeting. The question was now taken on appointing a committee of conference, and carried in the affirmative. Whereupon, Messrs. SHERMAN, THATCHER, HARTLEY, WHITE, and JACKSON, were appointed a committee for that purpose. Mr. SEDGWICK brought in a bill for compensating persons employed in the intercourse between the United States and foreign nations; which was read the first time. A Message from the PRESIDENT OF THE UNITED STATES was delivered by Henry Knox, Secre tary of the Department of War, as follows: Gentlemen of the Senate, and House of Representatives : mitted to me certain principles, to serve as a plan for The Secretary of the Department of War has subthe general arrangement of the militia of the United States. Mr. LEE then moved that the committee be instructed by the House, to inform the committee Conceiving the subject to be of the highest importof the Senate, that the House had decided the ance to the welfare of our country, and liable to be question by their practice, and determined the un-placed in various points of view, I have directed him to finished business of the last session be taken up lay the plan before Congress, for their information, in de novo. order that they may make such use thereof as they may judge proper. G. WASHINGTON. UNITED STATES, January 21, 1790. Mr. WHITE did not see any advantage that would arise from such instruction, because the Senate were already acquainted with the decision. WAR OFFICE, January 18, 1790. SIR: Having submitted to your consideration a plan for the arrangement of the militia of the United States, which I had presented to the late Congress, and you having approved the general principles thereof, with certain exceptions, I now respectfully lay the same before you, modified according to the alterations you were pleased to suggest. Mr. LIVERMORE hoped no such instructions would be given to the committee; he presumed the Speaker had appointed gentlemen adequate to the task, without instructions; besides, he had not learned that the Senate had instructed their committee, consequently the conferees would meet on equal ground. Committees of this kind, he observed, were appointed to investigate and discover what is proper to be done; their abilities, there- It has been my anxious desire to devise a national fore, ought to be left at full liberty, nor could any system of defence, adequate to the probable exigencies inconvenience result from this, as the House was of the United States, whether arising from internal or not bound to adopt the report of their committee. external causes; and, at the same time, to erect a standThe debate was interrupted by a motion for ad-ard of Republican magnanimity, independent of, and journment, which was agreed to, and then the House adjourned. THURSDAY, January 21. superior to, the powerful influences of wealth. The convulsive events, generated by the inordinate pursuit of riches or ambition, require that Government should possess a strong corrective arm. The idea is therefore submitted, whether an efficient military branch of Government can be invented, with GEORGE LEONARD, from Massachusetts; PETER safety to the great principles of liberty, unless the same SYLVESTER, from New York, and THOMAS FITZ shall be formed of the people themselves, and supportSIMONS, from Pennsylvania, appeared and tooked by their habits and manners. their seats. Mr. WHITE Suggested the propriety of extending the time for admitting the claims of the soldiers and officers of the late army to a compensation; he thought a general provision would be better, if a provision was at all proper, than this mode of referring the application of individuals to the Executive officers, which consumed much of the time of the House unnecessarily. Mr. LAWRENCE moved, that the petition of Cornelius Hoffman, respecting the losses of the inhabitants of West Chester, be referred to the Secretary of the Treasury. Mr. JACKSON objected to a partial reference of a business of this kind; if any thing was done, it ought to be upon general principles; but he ob1st CoN-35 I have the honor to be, sir, HENRY KNOX, To the PRESIDENT of the United States. [General KNOX's plan for the arrangement of the militia of the United States, above referred to, will be found in the Appendix at the end of the volume.] FRIDAY, January 22. GENERAL POST OFFICE. The Secretary of the Treasury laid before the House the report of the Postmaster General, a copy of which will be found in the Appendix at the end of this volume. The House having gone through the report, the Clerk was going on to read the bill which accompanied the same. Mr. FITZSIMONS thought there was a degree of indelicacy, not to say impropriety, in permitting the heads of departments to bring bills before the House. He thought it was sufficient for them to make reports of facts, with their opinions thereon, and leave the rest to the discretion of the Legislature. It would certainly be time enough for them to report bills when they were desired to do it. Mr. PAGE moved to refer the report of the Postmaster to a select committee; but he was perfectly of opinion with the gentleman from Pennsylvania, that no bill ought to be read in the House that did not originate with its leave. The motion for referring the report to a select committee was carried, and Messrs. FITZSIMONS, GERRY, SINNICKSON, PARKER, and STONE, were appointed. Mr. SHERMAN, from the committee of conference on the unfinished business, reported, that the committee had agreed that the unfinished business of the last session, that had passed from the one House to the other, ought to be regarded as if it had not been passed upon by either. The House then proceeded to the consideration of the report respecting the Southwestern frontiers and Indian affairs. The gallery was hereupon ordered to be cleared. MONDAY, January 25. A Message from the PRESIDENT OF THE UNITED STATES was received, accompanied with a copy of the act of the Legislature of Maryland, ratifying and adopting the amendments to the Constitution of the United States, proposed by Congress at the last session. CENSUS OF THE UNION. The House resolved itself into a Committee of the Whole on the bill providing for the actual enumeration of the inhabitants of the United States, Mr. BALDWIN in the Chair. Mr. MADISON observed, that they had now an opportunity of obtaining the most useful information for those who should hereafter be called upon to legislate for their country, if this bill was extended so as to embrace some other objects besides the bare enumeration of the inhabitants; it would enable them to adapt the public measures to the particular circumstances of the community. In order to know the various interests of the United States, it was necessary that the description of the several classes into which the community is divided should be accurately known. On this knowledge the Legislature might proceed to make a proper provision for the agricultural, commercial, and manufacturing interests, but without it they could never make their provisions [JANUARY, 1790. latures had wished for; but this kind of informa tion had never been obtained in any country. He wished, therefore, to avail himself of the present opportunity of accomplishing so valuable a pur pose. If the plan was pursued in taking every future census, it would give them an opportunity of marking the progress of the society, and distinguishing the growth of every interest. This would furnish ground for many useful calcula tions, and at the same time answer the purpose of a check on the officers who were employed t make the enumeration; forasmuch as the aggre gate number is divided into parts, any imposition might be discovered with proportionable ease. If these ideas meet the approbation of the House he hoped they would pass over the schedule in the second clause of the bill, and he would en deavor to prepare something to accomplish this object. The committee hereupon agreed to pass ove the part of the bill alluded to. Mr. LIVERMORE moved to amend the last clause of the bill, by striking out all that related to the mode of compensating the Marshal and his assis ants, which were specified sums, proportioned the service, and to substitute a provision, author zing the Marshal, or his assistants, to receive fro every male white inhabitant above the age twenty-one, five cents; and of the owner of every male slave, of like age, three cents; reserving. fo his own use, four cents out of every five, and paying the other one cent to the Marshal. He thought this was an equitable tax, agreeable to the spirit of the Constitution; that it might be co lected with safety and satisfaction; while, on the other hand, the mode proposed in the bill would be extremely inconvenient; it would draw a con siderable sum out of the Treasury, which their present situation did not enable them to spare. On the question this motion was lost. The committee then, after making amendments, rose and reported progress. UNFINISHED BUSINESS. some smal A message was received from the Senate, informing that they had adopted the report of the joint committee on the unfinished business allrequesting the concurrence of the House. A motion was made to concur. Mr. HARTLEY said, that the other day he had laid a motion on the table relative to this subject and which he expected might have decided He had then given his opinion, that the unfinishe business of the last session ought to progress fro the stage in which it was left at the adjournme Since that time, he had had the honor of bein appointed, on the part of the House, a member the Committee of Conference on the same que tion; but after hearing all that could be urged favor of commencing the business de novo, he st retained his former sentiments; nor should b alter them unless some stronger arguments wer adduced in support of the contrary doctrine. would, on this occasion, trouble the House no fr This kind of information, he observed, all Legis-between an adjournment and prorogation, for ther than just to express his idea of the differents in due proportion. JANUARY, 1790.] Unfinished Business. [H. OF R. was put, and carried in the affirmative-30 in favor, and 21 against it. Mr. SMITH then laid the following on the table: Resolved, That it be established as a standing rule of the House, that every future adjournment of Congress, for more than days, shall be considered as a termination of the session; and that at the next meeting the business depending at the time of such adjournment shall be taken up, unless it be commenced de novo. was upon their similitude that gentlemen founded their idea of commencing business de novo. A prorogation of Parliament is the act of the first Magistrate in Great Britain, and by that act he dismisses all the business before Parliament. By an adjournment, which is the act of the Legislature, all the business remains in their possession. If they remain possessed of the business, they have a right, and they ought to take it up in the state in which it was at the time of adjournment. This continuance of business is much more beneficial to the Commonwealth, by expediting causes,quence brought forward at the last session, which by saving time, and consequently diminishing the expense. But even upon a prorogation of Parliament, the Houses have asserted their right to continue their bills in the state in which they were left. He did not think it was necessary to detain the House long upon this subject. He supposed that most of the gentlemen had made up their minds, and that a long investigation would not produce a single convert. For his part, he was opposed to the motion, and would vote against it. Mr. JACKSON said that, on the conference, there was a majority of the committees of both Houses in favor of the report. After a long and full discussion, it appeared to them nesessary that the business should be taken up de novo, because circumstances might occur during a recess, which would convince the House of the impropriety of a measure they had contemplated at their last session; an adjournment, therefore, amounts to the same thing as a prorogation. The opportunity the recess afforded them of consulting their constituents was the same in either case, and enabled them to form a more certain opinion with respect to the propriety of their measures, than any other thing could possibly do. Ought the Legislature, then, to be compelled to proceed with business they were certain was altogether impolitic and improper? Mr. BURKE said there was a bill of some conse had been left in an unfinished state; and as the House seemed inclined to direct all such business to commence anew, he would beg leave to call upon them to appoint a committee for the purpose of securing literary property. He said that such a bill was very much wanted, as several gentlemen had lately published the fruits of their industry and application, and were every hour in danger of having them surreptitiously printed. He believed this was no unfounded surmise, for he had been informed that it had taken place in of them: Mr. Morse had published an American some instances already; he would mention one Southern and Northern States; these had been geography, illustrated with two sheet maps of the surreptitiously copied, and annexed to another the House at the last session; and the same genpublication, since the business was brought before tleman is under apprehension that the whole work will be reprinted without his consent, unless a law was speedily passed to secure to him his copy-right. Mr. WHITE wished the gentlemen would extend his motion to embrace the other objects intended to be provided for by the bill brought before the House at the last session. Mr. BURKE said that he meant to provide for that in another resolution. He wished the first to be done immediately, and a short bill would be sufficient for the purpose, because it is almost as Mr. WHITE would not enter into a discussion easy to ascertain literary as any other kind of proof the subject; but he was satisfied that the deci-perty; whereas there is some difficulty in deciding sion was right, in order to prevent very great in- upon improvements or inventions in the useful conveniences. It never was a question with him, arts. This latter object, he apprehended, would whether business should cease on an adjourn-occasion a good deal of discussion. ment; he had always seen it practised in the Legislatures he had had the honor of serving in, and he always expected it would be so determined in every public body regardful of the opinion of their fellow-citizens. Mr. HARTLEY denied that there was any similitude between a prorogation and an adjournment; the one was the will of the body upon which it acted, the other was an exterior force, which compelled submission. No gentleman could suppose that the Legislature of the United States was obliged to forego the business they had proceeded upon at the last session, nothing was to determine them but their own inclination. Now, as he was satisfied that it was more beneficial to the people, and more convenient to the Legislature, to proceed with the business of the former session, he should be against the report. The question on concurring with the Senate On the question, Mr. BURKE's motion was adopted, and a committee was appointed, consisting of Messrs. BURKE, HUNTINGTON, and CAD WALADER. The same committee was also ordered to bring in a bill to promote the progress of useful arts, by securing to inventors the exclusive right of their discoveries. TUESDAY, January 26. NORTH CAROLINA. The House resolved itself into a committee of the Whole on the bill for giving effect to the several acts therein mentioned, in respect to the State of North Carolina, Mr. BALDWIN in the Chair. After making several amendments to said bill, the committee rose, and reported the bill with the proposed amendments to the House. Being ta |