DECEMBER, 1811. Territory of Louisiana. H. OF R. lic Lands, to whom was committed, the amend-ry." The bill was reported without amendment, ment of the Senate to the bill "extending the time read the third time and passed. for opening the several land offices established in the Territory of Orleans," reported the agreement of the committee to the said amendment. The amendment was then read, and concurred in by the House. The bill from the Senate, making a further appropriation for the support of a library," was read twice, and committed to a Committee of the Whole to-morrow. The House resolved itseif into a Committee of the Whole on the bill allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory; which was gone through, reported to the House, and ordered to be engrossed for a third reading. The House went into a Committee of the Whole, on the bill for the relief of Thomas and John Clifford of Philadelphia, and Charles Wirgman of Baltimore. The Committee, after some discussion on the bill, rose, reported progress, and asked leave to sit again, which was refused; and on motion of Mr. D. R. WILLIAMS, the bill was recommitted to the Committee of Commerce and Manufactures. The House resolved itself into a Committee of the Whole on the bill for the relief of John Burnham. No amendment being made, the bill was ordered to be engrossed, and read the third time to-morrow. TERRITORY OF LOUISIANA. The House again resolved itself into a Committee of the Whole, on the bill providing for the government of the Territory of Louisiana. The motion to strike out so much of the sixth section of the bill providing for the government of the Territory of Louisiana, as relates to the qualification of elections, being under consideration Mr. RHEA said, the observations which he was about to make would be chiefly confined to the objections made to the provisions contained in the sixth section of the bill, relating to the qualifications of those who may vote at elections for members of the General Assembly. That section has been opposed, as if the qualifications of an elector were confined to freehold only; but the qualification of freehold is not the only one, as will appear by reference to that part of the secThe House again went into Committee of the tion which is moved to be struck out; it is in the Whole, on the bill to authorize the laying out a following words: "Every free white man of the public road from the line established by the Treatyage of twenty-one years, being an inhabitant of of Greenville, to the North Bend of the Ohio; which was reported to the House, by whom it was ordered to be engrossed for a third reading. On motion of Mr. RANDOLPH, the committee appointed to inquire into the faithful application of public moneys, were authorized and empowered to send for persons and papers. On motion of Mr. NEWTON, the Committee of Commerce and Manufactures were instructed to inquire whether any, and, if any, what, alterations and amendments are necessary to be made in the several acts of Congress establishing ports of entry and delivery. An engrossed bill "allowing a further time for completing the payments on certain lands, held by right of pre-emption, in the Mississippi Terri tory," was read the third time, and passed. The House resolved itself into a Committee of the Whole on the bill from the Senate," to authorize the surveying and making of certain roads in the State of Ohio, as contemplated by the Treaty of Brownstown, in the Territory of Michigan." The bill was reported without amendment, and ordered to a third reading to-morrow. The House resolved itself into a Committee of the Whole on the bill from the Senate, "making a further appropriation for the support of a libra ( 6 the Territory, and possessing a freehold in the county, and every free white man of the age of twenty-one years, being an inhabitant of any county therein, one year preceding the day of election, shall be entitled to vote in that county, for a representative or representatives to the General Assembly." The section declares two modes of qualification, one is a freehold (or estate in fee) in the county, and the other is, the being an inhabitant in the county for one year next preceding the day of election. If, pursuant to a motion that has been made, the word freehold be struck out of the section, the privilege of voting will be restrained, for in that case, a man by being vested with a fee will not be entitled to vote, and his exclusion cannot be bottomed on any rational principle. If a citizen of the United States will move to the Territory of Louisiana, and there purchase land, and settle thereon, and become vested with the complete title thereof, be the quantity what it may, there is no good reason to exclude him from voting at an election, immediately after he has obtained a title for his land; by his purchasing land, settling thereon, and acquiring a title thereto, he has given the strongest evidence in his power of his determination to be an inhabitant of that country, and of his attachment thereto; an evidence far superior to that which arises from the payment of a tax only; for a man who is only a transitory resident, by being there at the time, may pay, or be compelled to pay a tax merely personal, his name having been reported on a tax list, and after the tax is paid, and a vote by him rendered, may immediately go off for some other country. The Territory of Louisiana being on the frontier, remote and exposed, a resi H. OF R. Territory of Louisiana. DECEMBER, 1811. dence of one year in any county therein, next is in possession and exercise of every right and preceding the day of election, may not be too privilege declared by the Constitution and laws long to privilege a man, not possessed of land in of the States of which he is an inhabitant, and fee, to vote at elections; that period of time is not the Constitution and laws of the United States, more than sufficient to manifest an attachment to be his. If time would permit, it might be into the country. It will also follow, as a matter quired, whether a citizen of a State removing to of course, that if a man has been an inhabitanta Territory of the United States under the first of a county for one year preceding the day of an election, he will have paid a tax, if there be a law in that Territory providing for payment of a personal tax; and if there be no such law, the qualification arising from payment of a tax only will operate strangely at the first election, if not at any other subsequent. The qualifications of electors, provided for in the bill, will guard against impositions, and such intrusion will be more easily detected; this will appear more necessary, when it is considered, that this bill is in the nature of a compact between the United States and the people of Louisiana. But a motion has been made to strike out all that part of the sixth section which defines the qualifications of electors, and to insert in place thereof, the following: "Every free white male citizen residing in the said Territory, who shall have attained to the age of twenty-one years, and paid a tax." If this proposed amendment be agreed to, the elective franchise provided for in the bill, will be strangely restrained; for that arising from a freehold only will be excluded, as also that arising from being an inhabitant for one year preceding the day of election, and the only one will be that arising from being a citizen and payment of tax. That the proposed amendment is indefinite and uncertain will further appear, by inquiring who are they who, being inhabitants of the Territory of Louisiana, are entitled to be named citizens? And who are they, who, being citizens and having paid tax, shall be entitled to vote at elections? I do not undertake, said Mr. R., to answer these questions. By the offered amendment, it seems an elector must be a citizen and have paid tax. That is, an elector is a citizen who has paid tax. It may not be useless to inquire whether all the free male white inhabitants of the age of twentyone years,in the Territory of Louisiana, are embraced by the word citizen. In respect to the term or word citizen, it is amply provided for in the ninth section, which is in the words following: "And be it further enacted, That all and every free white male person, who, on the 20th day of December, grade of government, and becoming an inhabi- But that portion of the people of that Territory who were inhabitants thereof on the 20th day of December, in the year one thousand eight hundred and three, are not included in the definition given of the term "citizen;" for they are not citizens of any State, and, consequently, not of the United States; they, therefore, may, by force of that term "citizen," be excluded from voting for representatives in a General Assembly. Taking this into view, the committee who reported the bill made particular provision in the ninth section thereof, for that portion of the people of Louisiana, and also for citizens of the United States, who, since the said 20th day of December, have emigrated, or who hereafter may emigrate, to that Territory. Let the offered amendment be rejected, and let the provisions of the sixth and ninth sections of the bill remain as they are, and right to vote, and then no doubt or difficulty will their joint operation on all persons claiming a in the year one thousand eight hundred and three, was an inhabitant of the Territory of Louisiana, and all be made relative to the qualifications of electors; free white male citizens of the United States, who, he who is invested with a fee in land, if contestsince the said twentieth day of December, in the yeared, will produce his title deeds; and he who one thousand eight hundred and three, emigrated, or who hereafter may emigrate to the said Territory, being otherwise qualified according to the provisions of this act, shall be capable to hold any office of honor, trust, or profit, in the said Territory, under the United States, or under said Territory, and to vote for members of the General Assembly, and a delegate to Congress, during the temporary government provided for by this act." By the term citizen is understood, a man who claims a right to vote, by being an inhabitant of the county one year next preceding the day of election, will, if disputed, show that he has so been an inhabitant; and if there be in either case a failure, the offered vote will be rejected. It has been observed that, if the offered amendment be not agreed to," a person may vote in two different counties at one election." This will not follow from the relative totals used in the sixth section; the words "the" and "that" are used in DECEMBER, 1811. Apportionment of Representation. H. OF R. On motion of Mr. WILLIAMS, the Committee of Commerce and Manufactures were instructed to report a bill explanatory of the act laying duties on manufactured copper. Another message from the Senate informed the House that the Senate have passed a bill "making further provision for the Corps of Engineers ;" to which bill they desire the concurrence of this House. They have agreed to the resolution of this House for the appointment of a joint committee to have the application of the moneys appropriated for the library; and have appointed Mr. LEIB, Mr. SMITH of Maryland, and Mr. CONDIT. to be of the committee on their part. The SPEAKER laid before the House a report of the Secretary of the Navy of moneys transferred during the last recess of Congress, from certain branches of expenditure to other branches of expenditure in the Navy Department, and of the application of such moneys; which was read, and referred to the Committee of Ways and Means. relation to the county wherein the elector shall of Thomas O'Bannon ;" and have passed the bill vote, and their relative force will, with common from this House "for the apportionment of Repcare and attention, exclude any person from vot-resentatives among the several States according ing in two counties. It has also been objected to the third enumeration," with amendments; to that "Spaniards may come and vote at elections which bill and amendments they desire the conin Louisiana, under the provisions of the bill." currence of this House. If by the word "Spaniards" is intended persons who were inhabitants of the country now the Territory of Louisiana, on the 20th day of December, in the year one thousand eight hundred and three, or if by it is intended persons, who, emigrating to any of the United States, and therein residing until naturalized by law, and vested with the rights as well as name of citizen, and who, since the said twentieth day of December, have emigrated, or may emigrate, to that Territory, the objection is harmless, being without foundation; for an object of the ninth section is to embrace all persons of either description, they being otherwise qualified as provided for in the sixth section. If by the word "Spaniards" is intended persons of any other character or description, they are completely excluded by the provisions of the ninth and sixth sections of the bill, which will evidently appear by a very moderate share of attention thereto. It has been intimated that, if this bill becomes a law, it will encourage intruders to enter upon the lands of the United States; this objection is not sustainable. There are laws of the United States to expel intruders from the public lands. When the second grade of temporary government was extended respectively to the people of the Northwestern Territory, to the people of the Indiana and Mississippi Territories, were there no intruders on public lands within the limits of any of those Territories? Will it be said there were none? And, is it now come to this, that the numerous population of the TerMr. RANDOLPH moved that the bill and amendritory of Louisiana shall be prevented from hav-ments be postponed until Friday next; which ing a general representation and General Assembly of their own, to make laws for themselves, and to have every benefit resulting therefrom; and all this for fear that a poor man, destitute of wealth, shall, with his wife and children, go on and cultivate a small piece of public land to raise bread for his children, some one of whom, at a future day, may stand highly eminent in the Congress of the United States ? Petitions for the second grade of temporary government have for some time been before the Congress of the United States from the people of Louisiana. By the late census it appears that the people are now more than thousand. To the people of other Territories, when composed of very inferior numbers, the second grade of temporary government has been extended-and certainly the people of Louisiana, in respect to their population, and in pursuance of the Treaty of Paris, are entitled to the consideration of the Congress of the United States. 1 The Committee rose,and had leave to sit again. WEDNESDAY, December 4. A message from the Senate, informed the House that the Senate have passed a bill "for the relief APPORTIONMENT BILL. The House proceeded to consider the amendments of the Senate to the bill "for the apportionment of Representatives among the several States, according to the third enumeration:" Mr. BURWELL moved that the bill and amendments be committed to a Committee of the Whole, on Monday next; which was negatived. was also determined in the negative. Mr. STANFORD moved, that the further consideration thereof be postponed until to-morrow; which was determined in the negative-yeas 56, nays 72, as follows: YEAS-Willis Alston, jr., John Baker, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, James Breckenridge, Robert Brown, William A. Burwell, John Clopton, Lewis Condit, William Crawford, John Dawson, Meshack Franklin, Thomas Gholson, Charles Goldsborough, Peterson Goodwyn, Edwin Gray, Felix Grundy, Obed B. Key, William R. King, Abner Lacock, Joseph LeHall, Aylett Hawes, Jacob Hufty, Joseph Kent, Philip fever, Joseph Lewis, jr., Peter Little, Nathaniel Macon, George C. Maxwell, Archibald McBryde, William McCoy, Samuel McKee, Alexander McKim, James Morgan, Jeremiah Morrow, Hugh Nelson, Thomas Newton, Stephen Ormsby, Joseph Pearson, Israel Pickens, William Piper, James Pleasants, jr., John Randolph, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Richard Stanford, Philip Stuart, John Taliaferro, Robert Whitehill, Thomas Wilson, and Richard Winn. NAYS-William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, Josiah Bartlett, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, Elijah Brigham, William Butler, John C. Calhoun, Epaphroditus Cham H. OF R. Apportionment of Representation. pion, Langdon Cheves, Martin Chittenden, Thomas B. Cooke, John Davenport, jr., Roger Davis, Samuel Dinsmoor, Elias Earle, William Ely, James Emott, William Findley, James Fisk, Asa Fitch, Thomas R. Gold, Isaiah L. Green, Bolling Hall, John A. Harper, John M. Hyneman, Richard Jackson, jr., Richard M. Johnson, Lyman Law, Robert Le Roy Livingston, William Lowndes, Aaron Lyle, Thomas Moore, Arunah Metcalf, James Milnor, Samuel L. Mitchill, Jonathan, O. Moseley, Thomas Newbold, William Paulding, jr., Timothy Pitkin, jr., Benjamin Pond, Peter B. Porter, Elisha R. Potter, Josiah Quincy, William Reed, Henry M. Ridgely, William Rodman, Ebenezer Sage, Thomas Sammons, Ebenezer Seaver, Adam Seybert, Samuel Shaw, John Smilie, George Smith, Silas Stow, William Strong, Lewis B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, George M. Troup, Charles Turner, jr., Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, David R. Williams, William Widgery, and Robert Wright. The question that the House do concur with the Senate in the said amendments, being stated, and debate arising thereon, an adjournment was called for, and carried. THURSDAY, December 5. The SPEAKER laid before the House sundry resolutions adopted by a meeting of a number of the inhabitants of the town and district of St. Louis, in the Territory of Louisiana, expressive of their wishes that the second grade of Territorial government may be extended to the said Territory; that the Judges of the General Court be required, by law, to have some permanent interest in the welfare of the inhabitants, and to reside in the Territory that additional and more equitable provisions be made in favor of claimants to lands in the Territory; and that the limits of the Territory may be more clearly defined; which were read, and referred to the Committee of the Whole on the bill providing for the government of the said Territory. The bill from the Senate "for the relief of Thomas O'Bannon," was read twice, and referred to the Committee on the Public Lands. The bill from the Senate, making further provision for the Corps of Engineers," was read twice, and committed to a Committee of the Whole on Wednesday next. DECEMBER, 1811. ultimo; which was read, and referred to a Committee of the Whole to-morrow. Mr. MORROW, from the same committee, made a report on the petition of the Mayor and Aldermen of the city of New Orleans, referred the twenty-eighth ultimo; which was read, and referred to a Committee of the Whole on Monday next. Mr. BACON, from the Committee of Ways and Means, presented a bill to continue in force, for a limited time, the act, entitled "An act continuing, for a limited time, the salaries of the officers of Government therein mentioned;" which was read twice, and committed to a Committee of the Whole on Monday next. Mr. BACON, from the same committee, presented a bill to continue in force, for a further, time, the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers ;" which was read twice, and committed to a Committee of the Whole on Tuesday next. On motion of Mr. ARCHER, the Committee of Commerce and Manufactures were instructed to inquire into the expediency of extending the district of Havre-de-Grace, in the State of Maryland, so as to include Spes-Utice Island, the Northern shore of Elk river, the Eastern shore of Bush river, Susquehanna, and Northeast rivers, and all the waters and shores of the Chesapeake Bay above the mouth of Bush river, on the Western shore, and above the mouth of Elk river on the Eastern shore of said bay. APPORTIONMENT OF REPRESENTATIVES. The House resumed the consideration of the amendments of the Senate to the bill "for the apportionment of Representatives among the several States, according to the third enumeration." Mr. NEWTON moved that the bill be recommitted to a Committee of the Whole House.-Negatived-ayes 57, noes 60. Mr. CALHOUN said: Before the bill had gone to the Senate, it excited but very little interest with me. All that I had heard from gentlemen on every side, convinced me that it was a squabble among the several States which should bear the loss of large fractions, rather than a serious division on principle, of one ratio in preference to Mr. MITCHILL presented a petition of Charles another. Were I governed alone by fractions I Whitlow, of the county and State of New York, should not rise this day, nor oppose a concurrence nurseryman and botanical collector, praying for a with the Senate, from the pride of opinion; for special license to import into the United States the ratio which the Senate have fixed, is in acall such seeds, grains, and growing plants, as he cordance with my vote on the original bill, almay deem necessary for the improvement of gar- though thirty-seven thousand would leave my dening, farming, science, or the arts; on condition State with a less fraction unrepresented than thirof making a disclosure, for the benefit of the Uni-ty-five thousand: but fractions are not my object. ted States, of an important discovery of a native vegetable, possessing, in the highest degree, the qualities for the preparation of cordage, thread, and linen cloth. Referred to the Committee of Commerce and Manufactures. Mr. MORROW, from the Committee on the Public Lands, made a report on the memorial of the Legislative Council and House of Representatives of the Indiana Territory, referred the 8th I am not here to represent my own State alone. I renounce the idea. And I will show, by my vote, that I contend for the interests of the whole people of this community. The present question, on concurring in the amendment of the Senate, seemed to be totally different, and much more important than the original one. As it now stands it is a case of disagreement between the two Houses, and the contest is, which shall recede. A contest DECEMBER, 1811. Apportionment of Representation. of this kind (on the census bill) was one of the most serious consequences to the House. The Senate, by persistance, must force this body either to adopt their ratio, or, if that cannot be effected, even annihilate this branch of the Legislature. I consider this a case of omission in our excellent Constitution-one of that kind which must take place, perhaps, in all free constitutions, however formed; but particularly in one like ours, formed by the foresight of wisdom, and not by slow and successive experience. That it is a case of omission and not foreseen, may be inferred from several parts of the Constitution itself. The Constitution makes this House the sole judge of the qualifications and returns of its own members. This is supposed to vest the power so exclusively in us, that a few days since, in a debate on the contested election from Virginia, it was contended with much force of argument, that any law on this subject, as the Senate must participate in it, would be unconstitutional. What is the reason? A spirit of jealousy; a manifest intention to preserve this House from the influence of the other; and to prevent the latter from having any control in the interior management of this. If such caution was necessary in this particular, where the cases must, almost necessarily, be few, and often not important, how much more so in a question of ratio, in which that body may add to or subtract hundreds from this-may force such a ratio on this, as is favorable to the federative principle, and assimilate it to the other in its formation, it may entirely annihilate this House. Again, it is the theory of our Government, and was the favorite idea of all our politicians, at the time of its formation, that liberty can only exist in a division of the sovereign power; and that such division could only be permanent where each of the parts had within itself the means of protection. On this principle, the Executive and Judiciary were detached from the Legislature, and this last divided into two branches. Each of these Departments has the means of self-preservation. The first has its qualified veto and its patronage; the Judiciary its independence-and each House a veto on the proceedings of the other. H. OF R. of the Constitution, must recede. Let us follow the example of the House of Commons in England in relation to money bills, and the same effect will follow-but by no means reverse that example. The Senate, strengthened by precedent, will hereafter control us completely. On this ground they have naturally a greater capacity for struggling thau we. Unless we insist in the first instance, we must ever hereafter be overpowered. What inducement can gentlemen have, to make the surrender at this time? None can be weaker, than because some of the States have, by the ra tio inserted in the Senate, small fractions, and one section of the Union has by it comparatively gained. Will gentlemen for this inconsiderable gain make so great a sacrifice? Particularly those from large States, who are the greatest gainers by fractions. For this paltry gain, more apparent than real, which can last but for ten years, they surrender a principle of the most vital importance to them. They will enable the Senate in time to reduce them almost to the same terms of equality on this floor with the small States, as they are in the other House. Let it not be said, the Senate will always exercise this power with discretion. It is the part of political wisdom not to trust when it can make secure, and in a case of such vital importance, it will not confide in the strongest probabilities. Faith is an article of religion, but not of politics. But, sir, if any section or State of this Union gained ever so much. I know not how it could justify this abandonment of principle. Who are we? The representatives of the nation; of individual rights; the trustees for the time being of that mass of power which is invested in the hands of the Legislature for the protection of those rights. How then can we make a surrender consistent with the principle, with honor or with conscience, of those important rights so sacredly trusted to our keeping? Mr. Speaker, I wish the task of defending this important point had fallen to abler hands. I feel all that embarrassment which a young man, not much accustomed to speaking, must necessarily experience the first time, before such an audience, In the ordinary course of legislation, this fur- and in a place so trying to the voice as this hall. nished ample security. Far different on the I shall be happy, if in the midst of my embarrasscensus bill. Here the whole is inverted. The ments, I have been intelligible, and have expressed vote of the Senate is no longer the means of pro-myself with sufficient caution, on so delicate a tection to itself, but becomes a fatal means of assailing this House; it is no more a shield of defence, but a weapon of attack; and when they use it, by withholding their assent, we are aníhilated. This great anomaly could not have been foreseen; it must be considered as an omission. What remedy do I propose? Prevent the Senate from participating in a census bill? By no means; it would be unconstitutional; because there is no clause to that effect. I propose a means in strict unison with the Constitution, and furnished by itself. It has in this instance withheld from us the shield, but has pointed to its spirit. Let us act with a fixed determination; and not accede to the amendment of the Senate. That body, unaided by precedent, and opposed by the spirit point. Mr. RHEA said that, being induced to believe that the great principle of compromise on which he had heretofore voted (which was, that the present representation of the people of any State might not be diminished) was abandoned, and that, in place thereof, local, partial, and State interests were substituted, he now, also, would turn his attention to objects of the same nature. He was the more influenced to do this, because the principle of compromise was not only abandoned, but abandoned in a manner highly injurious to the people of Tennessee, one of whose representatives he had the honor to be. If the ratio of thirtyseven thousand had been adhered to, he might have been silent; but, as that ratio is proposed, by |