the committe could now co.-.ie ro adecifion as Well,
or better than at any other time—lt is a quettion
with some gentlemen whether residence lhall be
requisite to citizenlhip—this it appeared neceflary
to determine previous to any further difenffion
—as the question will continually occur, till the
sense of the committee is known—several other
questions which depend on this, may now be de
cided,intliis way the mind of the committee maybe
known, after which the bill may be recommitted
to a feletft committee who may arrange the se
veral parts of the bill so as to meet the general
idea more fully.
The motion for the committee's rising was car
ried in the affirmative.
It was then voted that the bill be recommitted
to a feledt committee confiftingofa member from
every State.
The House resumed the consideration of the
bill for the a<ftual enumeration of the inhabi
tants of the United States.—lt was moved to re
commit the bill.
Mr. Sedgwick adverting to the present rate of
representation of the several States in Congress,
and in which there is, said he, the most palpable
inequality observed, that it was absolutely
neceflary that such an enumeration as would be
competent to equalizingthe representation should
be made previous to the next ele<ftion—this is ex
pected by the people on the idea of right and
justice—and the constitution has wifely provided
for it—nor will the people who are not fully
represented be easy without enjoying that weight
and influence in the national legislature to which
they are entitled—Mr. Sedgwick then read a pro
position which he meant to offer as a clause to be
incorporated in the bill when it lhall be recom
mitted.
Mr. Jackson made some animadversions on
this proposition, and reprobated its principles ge
nerally, more especially as ic would not allow
fufficient time to complete the enumeration, and
particulai'ly as it proposes that the President of
the United States shall determine the number of
inhabitants from the returns he (hall receive from
the Marshals, and the ratio of representation on
ihofe returns.
Mr. Smith (S. C.) objected to the proposition
as not allowing fufticient time—he then went o
\er the several periods which mult probably
elapse before the business ot enumeration can be
compleated—from which it appeared that the
object of the motion cannot be effected so as to
make any alteration in the nexr, election pro
per
Mr. White mads Come observations on the pro
-sofition,and pointed out the difficulties that would
ittend the liieai'ure, as some of the States had
>a(ied laws regulating the time of elections—and
jrefumed that the Legislature would never dele
gate to any man, or men, the power of determin
ing the ratio of representation.
Mr. Lawrance was in favor ofrecommiting the
bill : He obfervcd, that it appeared to him, that
the rule or ratio of representation ought to be
determined previous to ascertaining the number
of inhabitants—as in all probability that rule
would be agreed to with less prejudice and par
tiality, while the contingencies which may affect
it, are unknown.
Mr. Jackson observed, that this suggestion is
an artifice, covered however with too thin a veil
not tobefeen thro—it is too unsubstantial to sup
port itfelf—the Constitution has fettled the point
already. He then recited those clauses which
particularly point out the number of represen
tatives which each State is entitled to elect, pre
vious to any a&ual enumeration—the Constituti
on plainly directs an enumeration therefore, be
fore the ratio of a future representation lhall be
fettled.
Mr. Smith, (S. C.) observed, that the ratio of
representation is already proposed by Congrefsin
the amendments sent out to the Legislatures: He
hoped that nothing would be done to impede the
progress and ratification of those amendments.
Mr. Sedgwick said, that when he came forward
■with the proposition, he supposed it founded in
fiich fair and equal principles, that he did not an
ricipate the finalleft objection would have been
made by any gentlemen whatever.
It is a (imple proportion that juitice should be
done—that a more equal representation should be
attempted, and effected—lf inequalities do exilt,
and that they do, is very evident—can any gen
tleman object to a remedy ?
Some other observations were made, and then
the motion for recommitting the bill to a com
mittee of the whole House was put and carried
in the affirmative.
FRIDAY, Feb. j
A memorial of Joseph Henderfon, and John
Carnes, executors to the estate of Edward Carnes,
deceased, was read, and referred to the Secretary
of the Treasury
The report of the committee on the memorial
if Roger Alden, was taken into confederation—
this report after dating the services performed
by Mr. Alden, in consequence of the charge
which devolved on him by having the custody of
the papers and records of the late Congress, pro
poses rhat he should be allowed a f;dary at the rate
of rooo dollars per annum, during the time he
been employed as aforeFaid, alio necellkry
e^-i nCe3 — ailC * tl,att ' le clerk which has been his
alfiftant, be allowed at the rate of 500 dollars
per annum.
This report was amended by adding these words
after "per annum"— Until the Secretary of State
shall enter on the duties of his office —and then ac
cepted, and referred to the committee 011 appro
priations.
The Secretary at war having reported on fun
clry petitions and memorials referred to him—
the reports were read, and laid on the table.
In committee of the whole on the bill for the
remiflion, or mitigation of lines, forfeitures and
penalties in certain cases.— The bill was read and
di feu lied in paragraphs. A motion was made
that the following words, viz. " Offering to con.
fefs judgjnent for the fame" previous to relief
being granted, should be struck out.
Mr. Ames said h" was indifferent whether the
words were retained or struck out—he wished
however that the principles of the bill should be
well understood—he conceived that a ftricl ad
herence to rule even if it should foinetimes be at
tended with some degree of rigor, was a less evil
than a lax mode of executing the laws ; that it
may be considered as a great grievance to have
frequent recourse to qualified interpretations of
the laws—with regard to the revenue laws, it
mult llrike every person that a certainty in the
rule should be maintained in all pollible cases
still fines, penalties and forfeitures may be in
curred in such a way as may entitle to relief.
The objecl of the bill is to grant such relief with
the least risque to the revenue, and in such way
as that the person may receive it as soon as pof
lible.
Mr. Sedgwick was in favor of the motion, and
pointed out the injustice of requiring a confef
fion previous to granting relief, as it would
violate the feelings of a person not conscious of
guilt—besides fubjeifling him inevitably to the
loss of one halt his property.
Mr. Burke wished the whole clause fliould be
erased, he said it was like making a man confefs
murder and then hanging him for his confeflion.
Mr. Wadfworth stated a cafe to shew that this
law would make the situation of persons design
ed to be relieved by it, much worse than it now
is—and will eventually destroy the coasting
trade.
Mr. Lawrance Hated the process by the law as
it now stands, by which perlons absolutely vio
lating the laws intentionally or through ignor
ance, are precluded from all relief—he therefore
insisted that it is neceflary that this confeflion of
judgment ihould accompany the application for
relief, in cases designed to be provided for by the
bill—without this confeflion the application ap
pears to be absurd—he was therefore opposed to
the motion for ftrikingout the words.
Mr. Smith was in favor offtriking out the words.
Mr. Sturges observed, that he did not conceive
the reliefpropofed to be administered, ought to
be conlidered in the light of mercy, but ofjultice.
The mode of relief pointed out by this bill, let
the circumitances be as they will, leaves the fuf
fererin a situation that 110 person ought to be lia
ble to, who is not guilty of intentional and wil
ful violation of the laws—for at any rate he is to
lofeone half his property. He thought the cafe,
stated by the gentleman from South Carolina,
very pertinent to the present.
Mr. Fitzfimons said, he hoped if these words
are struck out, that the whole* clause would be e
rased, and that there would be a more equitable
mode pointed out. He adverted to the pra&ice
in England, where the application for relief is
made to the Commissioners after trial.
Mr. White followed Mr. Fitzfimons in (imilar
observations.
Mr. Ames entered into a full discussion of the
principles of the bill—and observed, that he
doubted not when the committee had poflefled
themselves of a more perfe<fl knowledge of its
operation and tendency, it would meet with ap
probation. With refpedlto the offender's losing
his whole property on confeffion, he observed,
that this inconvenience may be prevented, by the
person's filing his petition previous to the entry's
being made by theperfons feizingthe property —
and this he will always have it in his power t& do.
Mr. Burke said that the bill so far from afford
ing the relief proposed, would prove a snare to
to the citizens, for a confeffion of guilt would
inevitably involve the loss of one half of his pro
perty whether he merits punishment or not.
Mr. Sedgwick, Mr. Stone, and Mr. Scott Ipake
on the fubje<ft.
■ The motion for striking out the words being
put was carried in the affirmative.
Mr. Fitzfimons then moved that thecommittee
fliouldrife—the committee rose, and the House
agreed to the amendment.
It was then moved that the bill should be re
committed.—This motion was adopted.
The report of the Secretary at War on the pe
tition of Ezra Smith was taken into consideration.
This report went into a general consideration
of the cases of sundry officers of the late arpiy,
whose particular circumstances appear to call for
-343-
the interposition of government in their favor.
It was moved that this report should be referred
to a felei!t committee, who should be inltrucfed
to bring in a bill pursuant thereto.
1 his motion was oppoled aseftablifhing an im
proper precedent—it was contended that it ought
to be previously difcufled .n a committee of ihe
whole,and the refultof their deliberations should
be the basis of the bill that may be lie
ceflary. b
On the other hand, it was said, that the state of
lacts is before the House, 011 which they may form
a judgment, that the going into a committee of
tlie whole would not throw any new light 011
the iubje<ft and that the House is now prepared to
J eter ittoafeledl committee as fully as they can
be after the form is gone through.
The motion for referring the report to a felecfi
committee was withdrawn—lt was then ordered
that the report (liould lie on the table.
Adjourned till Monday 11 o'clock.
NEW-YORK, FEBRUARY 6
Wednesday laftthe Supreme Court of the Uni
ted States, met agreeable to adjournment. An or
der v/as read, appointing JOHN TUCKER, Esq.
[late clerk to the Supreme Court of the Common
wealth of Mallachufettsltheir Clerk—who was ac
cordingly qualified. Two other orders were al
so read, to wit.
Ordered that the seal of this Court shall be,
the arms of the United States engraven on a cir
cular piece of steel of the size of a dollar, with
these words in the margin—the seal of the Suprerie
Court of the United States Ordered that the
Seals of the Circuit Courts fliall be the arms of the
United States engraven on circular pieces of fil
ler of the size of half a dollar, with these words
in the margin, viz. In the upper part—The seal
of the Circuit Court—ln the lower part —the name
of the Diftri(t so it is intended—After which
the court adjourned until one o'clock 011 Friday.
Yesterday the Supreme Court of the United States met pursuant
to adjournment. Among other bulinefs tranfa&ed, we hear, that
The Hon. Eli as Bou di not, of New-JciiVy,
The Hon. Thomas Hart ley, of Pennfylvama,
The Hon. Ri c hard Har r ison, of New-York,
were admitted Counfellois at the Supreme Court of the United
States.
Ordered, That persons admitted as Counsellors fhail not appear
in the chara&cr ot Attorneys, nor Attorneys in that of Counsellors
at the Supreme Court of the United States.
Ordered, That no person ihall be admitted as an Attorney at the
Supreme Court ot the United States, who lhall nt have pra&ifed
three years in tiie Supreme Court of a particular State, and
who (hall not fuilain a just and fair chara&er.
Ordered, That the Stile of all Writs and P'rocefTes from the Su
preme Court of the United States, be in the name of THE PRL
SIDENT OF THE UNITED STATES.
The Court adjourned to Monday next.
Ef.tra(l of a letter frovt Baltimore, dated Jan. 31
" I received your letter in which you request
information in what light the Secretary's Report
is viewed here : It has not yet been so fully ex
amined as to produce a decided opinion 011 the
merits of the different propositions ; but it has
thus far made very favorable impreflions—and I
am confident it will be approved of in proportion
as it is examined. The truths it contains are great
and interesting, and will bear the test of the ftridt
eft scrutiny, while truth and justice are applaud
ed by men
" There are many considerations which give
ny mind perfetTt confidence and fatisfa&ion on
the fubjecft of the public debt—some of them I
will mention.
" ift. The fecnrity of property is one of the
firft objetfts for which government is instituted—
and it would be a molt flagrant infraction of the
Constitution of the United States should Congress
injure the property of a very numerous and ref
pe<ftable class of the citizens by a violation of
public centralis.
" 2d. It is found policy in government to be
honest—They cannot otherwise be refpedted—
and it would be in vain for them to pais laws to
secure good morals and make fubjedts and citi
zens honest, should they themselves set an exam
ple of public injustice and fraud.
" 3d. Those who know the characters which
compose the Legislature of the Union are fatis
fied that they never will be influenced by the
maxims and principles which have stamped infa
my on the name of Rhode Island. Could no de
pendence'be placed on the personal characters of
the Gefitlemen in Congress, the scorn, reproach,
and miifery, whiih Rhode Island has fuffered by
her dishonest policy would fufficiently warn them
against the consequences of a violation of public '
faith.
" We reft afl'ured that no law refpetfting the
debt will pals both Houses, and have the fandion
of the President, which is riot founded in that
righteousness whichexalteth a nation. TheCon
ftitution—the characters which compofeCongrefs
—the resolution which was past last feflion—the
President's speech—and the answers to it—and
the report of the Secretary of the Treasury, au
thorise the molt perfecft confidence in the mea
sures of government."
ARRIVALS.—NF.W.YORK.
Thurfdav, Ship St. James, Collins, Cadiz.
Friday/ Schooner Sally, Weft, Boftoo, 7 days.