H. or R.]

The Clerk then read an amendment agreed to by the Committee of the Whole House, as to granting - years of half-pay to the widows and orphans of such soldiers as die in the service of the United States.

Mr. BEATTY then moved a second amendment, which was, in substance, that an addition to the pay at present given to the non-commissioned officers and soldiers, that, for those hereafter enlisted, a certain sum per month shall be allowed, and reserved, and be given to him at the time of his discharge; and if he dies, before the end of his service, the money shall be paid to his representatives. Mr. B. also wished this gratuity to be unalienable, that a non-commissioned officer or soldier might not be tempted to dispose of it beforehand, for less than its value, and thereby disappoint the benevolent design of the House.

Mr. WADSWORTH proposed to add, as an amendment, the word officers, before the words " noncommissioned officers and soldiers." He said, that the officers were more depressed than the soldiers, which was known to the whole country.

Mr. SMITH could not consent to this amendment, without better information than any which he yet had.

Mr. Scorr said, that he could not believe that the officers of the Army were in a state of depression. He, at this time, could mention forty applications for military commissions. There were great numbers of country gentlemen who would be glad to get them. It was the private men who wanted encouragement.

Mr. SMILIE thought that the amendment of Mr. WADSWORTH, upon the amendment of Mr. BEATTY, came in awkwardly in this place. He was friendly to the general ideas, but disliked the

mode.

Mr. BOUDINOT moved to strike out the words hereafter enlisted, and to apply the bounty to every non-commissioned officer and soldier in the service. There was no good reason for such a material distinction between the old soldiers and the new levies. The amendment would then meet his wishes.

Mr. WADSWORTH withdrew his amendment upon the amendment, and the original amendment of Mr. WATTS, with the bill, was referred to a select committee.

Ordered, That the said bill, with the amendment, be re-committed to Messrs. BEATTY, IRVINE, JEREMIAH WADSWORTH, DEARBORN, and VAN GAASBECK.

The House proceeded to consider the amendments reported yesterday by the Committee of the Whole House, to the bill providing for destroyed certificates of certain descriptions: whereupon,

[JANUARY, 1794.

ments, be re-committed to Messrs. GILES, DEXTER, SHEARJASHUB BOURNE, LEE, and CLARK.

The House resolved itself into a Committee of the Whole House on the report of the Secretary, of the sums necessary to be appropriated for the service of the year one thousand seven hundred and ninety-four; and, after some time spent therein, the Chairman reported that the Committee had had the said report under consideration, and come to a resolution thereupon; which was read, and ordered to lie on the table.

Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said report.

FRIDAY, January 10.

ESTIMATES OF APPROPRIATIONS.

The House then went into a Committee of the

Whole, on the statements and estimates of appropriations for the current year, 1794.

Mr. GILES suggested several reasons for separating the items and the estimate of appropriations for the Civil List, and for discharging the current expenses of Government, from the articles designated for other purposes. He moved the House to take up the resolution agreed to by the Whole House yesterday, and make it the subject of a separate bill.

Mr. MADISON said, that members had been reduced to the most serious difficulties by the delays in the payment of their salaries. The Civil List ought always to have a fund provided for it in the first place, because it was a mere matter of form to put it to a vote. It was otherwise with the

Military Establishment. He trusted, that would

never be reduced to a mere form.

Mr. NICHOLAS supported the motion of Mr. GILES. He thought that the House should immediately pass a bill for establishing a provision for the expenses of the members of Congress. It was not fair to suppose that every gentleman in that House came to town with as much money in his pocket as would clear his expenses. Why put any person to pecuniary inconvenience when at a distance from his resources? The accounts ought to be kept distinct.

Mr. FITZSIMONs and Mr. BOURNE remarked, that the next article in the estimates was so blended with the preceding that they must be comprehended in one.

On this, Mr. NICHOLAS withdrew his second to the motion, and the House went into a Committee of the Whole, Mr. TRUMBULL in the Chair. Mr. BOUDINOT moved a resolution covering the next article in the estimate. The item providing for the Clerks in the Loan Offices, being objected to, was passed over for the present.

Mr. GILES then moved, that the Committee do now rise. The motion was seconded by Mr. NiCHOLAS, and supported by Mr. MADISON.

The resolution moved by Mr. BOUDINOT, that $107,693 43, be appropriated for sundry purposes, was agreed to. The Committee then rose, and the House, after some consideration, adopted the

JANUARY, 1794.]

[H. OF. R.

named.

Resolved, That, for the expenditure of the Civil List of the United States, for the year one thousand seven hundred and ninety four, together with the incidental and contingent expenses of the several Departments, and offices thereof, there be

The whole inhabitants instantly assembled, and deputed a committee, of which he was one, to go on board the vessels, and examine their situation. Thirteen thousand dollars were instantly subscribed. Fifteen hundred of these people were quite helpless; three hundred and fifty of them were old men, or women without their husbands, or children without their parents. Some had had been sent to France by the Minister, at the expense of the Republic; the rest remain in this country.

ing, to wit:

[Here follows an enumeration of the different items.]

The House then again resolved itself into a Committee of the Whole House, on the said report; and, after some time spent therein, the Chairman reported that the Committee had again had the said report under consideration, and come to a resolution thereupon, which he delivered in at the Clerk's table, where the same was twice read, and agreed to by the House, as follows:

Resolved, That, for making good deficiencies for the support of the Civil List Establishment; for aiding the Fund appropriated for certain officers of the Court, jurors, and witnesses; for the support of light-houses, and for other purposes, there be appropriated the several sums of money following, to wit:

[Here the items are enumerated.] Ordered, That a bill or bills be brought in pursuant to the said resolution, and the resolution for the expenditure of the Civil List; and that Mr. BOUDINOT, Mr. TRUMBULL, and Mr. GILLESPIE, do prepare and bring in the same.

Mr. NICHOLAS, from the committee appointed to select such parts of the PRESIDENT'S Communications, respecting the Regency of Algiers, as his Letter, accompanying the said Communications, suggests it would be proper to keep secret, made a report; which was read, and ordered to lie on the table.

Ordered, That the Message from the PRESIDENT OF THE UNITED STATES, of the 7th instant, respecting the appointment of an officer for receiving, safe-keeping, and distributing, the public supplies, under the direction of the War Department, which lay on the table, be referred to Mr. HARTLEY, Mr. BEATTY, and Mr. SWIFT; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

FRENCH EMIGRANTS FROM ST. DOMINGO.

Mr. SAMUEL SMITH, from the committee to whom was referred the petition of William Patterson, Samuel Sterrett, and Gustavus Scott, the committee appointed by the Legislature of Maryland to draw and distribute the moneys granted by that State for the relief of the French emigrants from the Island of St. Domingo, made a

report:

Mr. S. SMITH said, that there never was a more noble and prompt display of the most exalted feelings, than had been exhibited on this occasion. He believed that such a scene of distress had never before been seen in America. Three thousand fugitives had been at once landed, without

[It was then moved, that the report of the Relief Committee be read a second time; which being done, it was moved that this report be taken up by a Committee of the Whole House.]

Mr. S. SMITH was for proceeding instantly to decide on the subject.

Mr. NICHOLAS hoped that the motion would be deferred to another day. He felt a difficulty in this matter, because it was entirely new to him; he had not yet formed his mind upon it. He suspected that, to bestow the money of their constituents on an act of charity, though it would be extremely laudable, was yet beyond their authority. They had been sent to this House with limited powers, and for special purposes. He would be extremely happy to vote for the relief of the fugitives of Cape Francois, if, upon reflection, he found it Constitutional. He therefore wished to delay lay a a determination, determination, until he had lei

sure to form deliberate opinion on the subject. Mr. CLARK never had entertained a moment's

hesitation that relief should be given.

Mr. S. SMITH, to prove that there was no illegality in bestowing the assistance wanted, read a passage in the despatches that had been printed, addressed by our Executive Government to the American Minister at Paris, stating that they had thought themselves authorized to advance money, for the immediate support of the fugitives. From this proceeding, he inferred, that Congress might lawfully do the same. He mentioned the obligations that this country lay under to France, which he hoped would never be forgotten. He enlarged considerably on the generosity of the citizens of Baltimore. He imagined that, in this affair, the American nation had exerted a degree of generosity unparalleled in the history of any other people.

Mr. MADISON wished to relieve the sufferers, but was afraid of establishing a dangerous precedent, which might hereafter be perverted to the countenance of purposes very different from those of charity. He acknowledged, for his own part, that he could not undertake to lay his finger on that article in the Federal Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. And if once they broke the line laid down before them, for the direction of their conduct, it was impossible to say to what lengths they might go, or to what extremities this practice might be carried. He did not agree with the member who spoke last, that nothing like the generosity of

JANUARY, 1794.]

[H. or R.

into the Committee. It was hard on the State of Maryland to support of itself such an immense number of people. Besides, the period for which that State had engaged to furnish them with subsistence was expiring; so that it was absolutely

indemnity, but it was with a nation, over which Judicial Courts had no control; the petitioner, therefore, could derive no redress but from the justice of his country, which was bound to protect the rights of its citizens in all cases, and when

Mr. DEXTER read the clause referred to by Mr. BOUDINOT, but could not draw from it any such inference. He was very unwilling to vote against the proposition, and therefore solicited a delay, that he might have leisure to find proper reasons for voting in its favor.

Mr. GILES was averse to precipitation in an affair of such magnitude. The report had been read for a first time to-day; it had then been read for a second time to-day. As if all this had not been sufficient, the House must likewise go into a Committee this day. Like the gentleman who had just sat down, he felt many doubts as to the legality of such an act of bounty; and he wished, before he gave a vote on either side of the question, to free himself from these doubts. He considered his duty to his constituentsas a very solemn trust. Some personal insinuations had been cast out, as if gentlemen who professed Constitutional scruples had wished to embarrass the subject. Reflections of this kind could answer no good purpose. Gentlemen (said Mr. G.) appeal to our humanity. The appeal is out of place. That is not the question; but whether, organized as we are, under the Constitution, we have a right to make such a grant? He did not understand why an application was made to Congress in particular. It would have been made with greater propriety to the Provincial Assemblies, as their power over the purses of their constituents was more extensive than that of this House over the revenues of the United States.

[The motion for the House resolving itself into a Committee immediately was then withdrawn, and the report was committed to a Committee of the Whole on the State of the Union.]

MONDAY, January 13.

PETITION OF THOMAS MANNING.

Mr. SHERBURNE called up the petition of Thomas Manning, presented last week. He observed that the facts set forth in the petition were established by documents which accompanied it. That the petition originated in a contract made by the petitioner with an agent of the French Government in Martinique; that, although that Government had recognised the powers of their agent, and the performance of the services which were the ground of the contract, they had refused to fulfil it, but by a payment of assignats, instead of specie, which had been particularly specified. He observed, had the contract been made with an individual, a pro

the account of the United States against France, to which justice must cheerfully give its sanction, and which, in happier times, that Government will undoubtedly allow. That, as the justice of the demand was confessed, indemnifying the petitioner would be advancing a payment for France, for which her credit and honor were pledged, but which the present situation of that country would not at present allow her to make; but, Mr. S. observed, that as the case was of the first impression, and he wished there might be a thorough investigation of principles as well as facts, he moved that the petition, with the documents accompanying it, might be referred to the Secretary of State. This motion was agreed to.

The SPEAKER laid before the House a Report of the Secretary of the Treasury, of a statement of the actual tonnage of American vessels employed in the commerce between the United States and foreign countries, for one year, ending the thirtieth of September, one thousand seven hundred and ninety-two, pursuant to the order of this House, of the third instant; which was read, and ordered to lie on the table.

COMMERCE OF THE UNITED STATES.

The House again resolved itself into a Committee of the Whole House on the Report of the Secretary of State on the privileges and restrictions on the commerce of the United States, in foreign countries. When

Mr. SMITH, of South Carolina, rose and addressed the Chair as follows:

Mr. Chairman:-Among the various duties which are assigned by the Constitution to the Legislature of the United States, there is, perhaps, none of a more important nature than the regulation of commerce, none more generally interesting to our fellow-citizens, none which more seriously claims our diligent and accurate investigation.

It so essentially involves our navigating, agricultural, commercial, and manufacturing interest, that an apology for the prolixity of the observations which I am about to submit to the Committee, will scarcely be requisite.

In the view which I shall take of the question, disengaging the inquiry from all topics of a political nature, I shall strictly confine myself to those which are commercial, and which alone are, in my judgment, properly connected with the subject.

Called upon to decide on propositions, merely commercial, and springing from a report, in its nature limited to commercial regulations, it would be as ill-timed, as it would be irregular, to mingle with the discussion considerations of a political

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[JANUARY, 1794

But though the comparison will be made with principal reference to the condition of our trade with France and Great Britain, antecedent to the existing revolution, the regulations of the subsequent period will perhaps not be passed over altogether unnoticed.

weakness of ground in the friends of the propositions, and imply a distrust of the merits of their cause, were they compelled to bolster it up with such auxiliaries and to resort for support to arguments, not resulting from the nature of the subject, but from irrelative and extraneous considerations.

The propositions, as well as the report, being predicated upon facts and principles having relation to our commerce and navigation with foreign countries, by those facts and principles, and those alone, ought the propositions stand or fall.

It will not be denied that this country is at present in a very delicate crisis, and one requiring dispassionate reflection, cool and mature deliberation. It will be much to be regretted then, if passion should usurp the place of reason, if superficial, narrow, and prejudiced views should mislead the public councils from the true path of national interest.

The report of the Secretary of State, on the privileges and restrictions on the commerce of the United States in foreign countries is now before the Committee. The tendency of that report (whatever may have been the design of the reporter) appears to be to induce a false estimate of the comparative condition of our commerce with certain foreign nations, and to urge the Legislature to adopt a scheme of retaliating regulations, restrictions, and exclusions.

The most striking contrast which the performance evidently aims at, is between Great Britain and France. For this reason, and as these are the two Powers with whom we have the most extensive relations in trade, I shall, by a particular investigation of the subject, endeavor to lay before the Committee an accurate and an impartial comparison of the commercial systems of the two countries in reference to the United States, as a test of the solidity of the inferences which are attempted to be established by the report. A fair comparison can only be made with an eye to what may be deemed the permanent system of the countries in question. The proper epoch for it, therefore, will precede the commenment of the pending French Revolution.

The commercial regulations of France during the period of the Revolution have been too fluctuating, too much influenced by momentary impulses, and, as far as they have looked towards this country with a favorable eye, too much manifesting an object of the moment, which cannot be

The table, which I have before me, comprises the principal features of the subject within a short compass. It is the work of a gentleman of con

a view to conciseness and simplicity has excluded from it all articles (the production and manufac tures of the United States) which are not of considerable importance.

Accustomed as our ears have been to a constant panegyric on the generous policy of France towards this country in commercial relations, and to as constant a philippic on the unfriendly, illiberal, and persecuting policy of Great Britain towards us in the same relations, we naturally expect to find in a table which exhibits their respective systems, numerous discriminations in that of France in our favor, and many valuable privileges granted to us, which are refused to other foreign countries, in that of Great Britain frequent discriminations to our prejudice, and a variety of privileges refused to us which are granted to other foreign nations. But an inspection of the table will satisfy every candid mind, that the reverse of what has been supposed is truly the case-that neither in France nor the French West Indies, is there more than one solitary and important distinction in our favor, (I mean the article of fish oil,) either with regard to our exports thither, our imports from thence, or our shipping; that both in Great Britain and the British West Indies, there are several material distinctions in our favor, with regard both to our exports thither and to our imports from thence, and, as it respects Great Britain, with regard also to our shipping; that in the market of Great Britain, a preference is secured to six of our most valuable staples, by considerable higher duties on the rival articles of other foreign countries; that our navigation thither is favored by our ships, when carrying our own productions, being put upon as good a footing as their own ships, and by the exemption of several of our productions, when carried in our ships, from duties which are paid on the like articles of other foreign countries carried in the ships of those countries; and that several of our productions may be carried from the United States to the British West Indies, while the like productions cannot be carried thither from any other foreign country; and that several of the productions of those countries may be brought from thence to the United States, which cannot be carried from thence to any other foreign country.

These important differences in the systems of the two countries will appear more fully, by pass