MARCH, 1807. Chickasaw Treaty. cision must be under that act which is particularly applicable to this case. H. of R. opposed to the other bill are in favor of striking out this section. I was a zealous friend of that bill, but I hope the laws of the United States will not be turned into ridicule. I will suppose a plain case. I will suppose a State to pass a general law for the punishment of a crime throughout the State, and another law, with different penalties, for punishing it in a particular countywould not that be absurd? I think the law pass Mr. BIDWELL.-Suppose both acts go into effect; this is not an additional punishment for the same offence. It applies to the same land as the other law, and punishes the act as a distinct of fence. The same person is liable to be punished under both acts for the same offence. It appears to me, in whatever light gentlemen view the offence, it would be a violation of justice to sub-ed in the morning is sufficient, and I hope we ject a person to two different trials for the same thing. shall never so depart from the principles of justice as to point the finger of scorn at a particular part of the country. Mr. HOLLAND said he would not be opposed to preventing, by proper laws, persons from settling on the public lands; but so cautious were all laws that respected the rights of individuals, even where there was only a color of title, and so cautious had been the people in the State which he represented, that no power existed to remove a man but through a course of law. He thought the same course ought to be pursued by the United States, and that the rights of individuals ought not to be prejudged by the Legislature of the Union, who ought in such cases to be particularly careful not to entrench on the powers of the Judiciary. Mr. QUINCY rose to make a single observation. He should say nothing of the general principle contained in it, but he took the object of this section to be no other than to coerce the Executive; for the gentleman from Virginia had told them that if they passed this provision, this bill would still be under their direction, if the Executive did not approve the general law. Suppose the Executive should reject that bill; but for the fear of losing this, would gentlemen pretend to say that this was a proper course for the Legislature to pursue? Mr. J. RANDOLPH said he had waited, contrary to his inclination, to get this treaty carried into effect. As soon as it was passed he should go home. His friend from Georgia had stated a strong reason for retaining this section, to wit: that the people against whom it was intended to guard were without any species of right. A little reflection, said Mr. R., would have enabled me to see that the gentleman from Vermont and other gentlemen are on this occasion only laboring in their vocation. It did not strike me that those gentlemen opposed the bill we passed in the morning. Had this circumstance occurred to me, I should have suffered the thing to take the same course it did before. I will, however, call the attention of the House to the Wyoming case. What did Pennsylvania in that instance do? She tampered and applied palliations, till the people bullied her out of the land. The same thing took place in Ohio-a number of people went there and sat down on the public lands, and they continued their applications until they found a Congress disposed to come into their views, to take a million of acres from the public and give to them. I venture to say, that if it comes to mere quibble, the Yazoo people can show a more colorable claim, (though I contend they have no claim,) to botch up their demands, than the people of New York or the Connecticut Reserve, who did not pretend to show even a royal grant, or even a shred of parchment, and yet they got the land. How did they get it? In the same way that the Mr. ALSTON.-I am sorry to take up the time Yazoo people will get this land, unless some such of the House, but when I hear principles contend-. act as this is passed; for I am of opinion, since ed for so injurious to the State which I have the my friend from Georgia has, spoken, that the act honor to represent, I cannot remain silent. It has passed this morning will not be a sufficient rem- been the great wish of the people of that State edy. The real springs of this business are here, for several years past to get the Indian titles exat New York, and at Boston. The miserable tinguished, to which effect we have received creatures who sat down on these lands will, un- repeated instructions. This is the land which der the law we have passed, only forfeit their North Carolina considered as belonging to her leases. I do think the observations of my friend before the formation of this Government, and from Georgia have great weight, and if the law since the whole delegation has, year after year, passed this morning were in the office of the Sec- waited on the President to obtain an extinguishretary of State, I should still be for this provision. ment of the Indian title. Now, after this object I think the case calls for strict legislative atten- has been effected, it is proposed to clog it with a tion, and I hope the House will never agree to provision which cannot fail to defeat it. Last extinguish the Indian title to these lands without year a similar provision was sent to the Senate, an accompanying provision to prevent any law-who, in consequence of it, rejected the bill. We less attempts to rob the people of their patrimony. Mr. SLOAN.-I will not take up the time of the House in stating possible occurrences, although I might suppose that an earthquake would sink us before the hour of adjournment. I rise only to notice the observation of the gentleman that those Mr. SMILIE said he had several objections to the provision. He should, however, state but one. He should never agree to punish the same offence with different punishments. find to-day the Representatives from Tennessee and North Carolina voting for the bill passed this morning, that they might insure the passage of this bill. Nothing could have induced me to vote for that bill but this consideration. Does not that bill contain sufficient penalties to guard against intrusion on the public lands? Mr. A. said, when he saw the small majority by which the bill passed this morning had passed the Senate, he was persuaded, if this provision were introduced in this bill, it would not receive the approbation of that body. Mr. EPPES.-I would not wish to oppose the report of the committee if I supposed a non-concurrence with it would jeopardise the bill. But if an opinion of the sense of the House could be formed from their proceedings of this day, I must be led to infer that a majority was disposed to take such measures as would be calculated to prevent an illegal settlement of the public lands by persons of this description. As to the doctrine of the gentleman from North Carolina that no Legislative body ought to undertake to settle the rights of citizens, I require him to show how, by this law, the rights of citizens are settled. The act has only undertaken to punish a crime. Was this a decision of right? If a question of right comes forward, will not this law go before the court? It is true the court must either declare a forfeiture or declare this act unconstitutional. After this decision, I will have no hesitation to exercise my Constitutional right of impeachment. So far as I may be concerned, I shall be willing to exercise the Constitutional corrective, and to remove the man from office who dares to exercise such an authority. By this act both sides will be put on the same footing-there will be no party in possession. If the individuals who claim these lands were in possession of them they would have an advantage over the public. I consider this House as much bound to protect the public land as the public money, and we shall not deserve the public confidence if we do not guard the one as effectually as the other. I believe if a man settles on the public lands he may be punished under both laws. I shall therefore vote for both, as I believe in such a case we cannot be too rigid, or the Legislature too rigid in expressing their indignation. Let it be recollected that these people derived their rights from a corrupt Legislature; that there was but one individual, Robert Watkins, of that Legislature, that was not bribed. This is a fact; and while it is remembered, it will be a damning fact among all honest men. MARCH, 1807. I will put the case of the passage of an ex post facto law, under which a man declared by the Judiciary to have certain rights is divested of them by an act of the Legislature. Will not the Judiciary be permitted in such a case to pronounce the law unconstitutional without the dread of an impeachment? Yes, I trust they will; and if they shall not have virtue enough to do so, I for one will be ready to say they deserve to be removed from office. Though I believe it right to pass proper laws for preventing intrusions on the public lands, yet I think it unnecessary to pass laws upon laws, all having the same effect, on the hypothesis that the Executive may not sign the bill we have already sent him. Will you try a man under two laws for the same offence? I will never consent to such an absurdity-to suffering him to be tried under one law, and if the jury acquits him, ordering him to be then tried under another. I will never agree to such an unjust course of procedure. Mr. M. WILLIAMS, though in favor of the bill passed this morning, was against this section, as the latter did not inflict so great a penalty as the former. The two distinct provisions appeared to him to involve an absurdity. Nor was there the least reason, in his opinion, to be so jealous as to suppose that the act passed in the morning would not go into operation. He was willing to adopt strong measures to prevent an intrusion on the public lands, but when it was proposed to go such absurd lengths, he should be opposed to it. The question was then taken on striking out the section, and carried-yeas 55. The bill was then read a third time and passed. TUESDAY, March 3. The bill sent from the Senate, entitled "An act confirming claims to land in the district of Vincennes," together with the amendments agreed to yesterday, were read the third time, and passed. Mr. SAMUEL SMITH presented to the House a petition of sundry inhabitants of the State of Pennsylvania, praying an amendment to the second section of the third article of the Constitution of the United States, which extends the judicial power of the United States, "to controversies between citizens of different States, between citizens of the same State claiming lands under 6 grants of different States, and between a State or the citizens thereof and foreign States, citi Mr.JACKSON. When I hear such principles as those which have fallen from my colleague broached on this floor, I deem it my duty not to pass them unnoticed. I do protest against the assumption of Judicial power by the Legislature,'zens, or subjects."-Laid on the table. or of any power which shall prevent the courts of justice from deciding on the claims of individuals. My colleague says, when the opinion of Congress shall have been deliberately expressed, he will impeach the judge who shall oppose it. But I will ask if the opinion of Congress has been deliberately expressed in this case? It has not been, and cannot be. Gentlemen have been carried from the sober and reflecting ground of their judgment. I do consider the Judiciary the great safeguard of the citizen against the Legislature and the Executive, if they attempt to overstep the powers conferred upon them by the Constitution. The further consideration of the bill sent from the Senate, entitled "An act to explain the act, entitled 'An act supplementary to an act, entitled 'An act to divide the territory of the United States Northwest of the river Ohio into two separate Governments," was postponed indefinitely. The House resolved itself into a Committee of the Whole on the bill in addition to an act, entitled "An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes." The bill was reported with an amendment thereto; which was read, and agreed to by the House. Ordered, That the said bill, with the amendment, be engrossed, and read the third time this day. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act allowing an additional compensation to the Judges of the Mississippi Territory, and extending the right of suffrage therein: Whereupon, Resolved, That this House doth agree to the first and second, and doth disagree to the third and fourth of the said amendments. H. of R. The House resolved itself into a Committee of the Whole, on the bill authorizing the discharge of Gilbert Drake from his imprisonment. The bill was reported without amendment, and ordered to be engrossed, and read the third time this day. Ordered, That the further consideration of the bill to alter and establish certain post roads, and for other purposes, be postponed indefinitely." On motion of Mr. VARNUM, Resolved, That a committee be appointed to bring in a bill to establish a post road from New Orleans to the Balize, and from New Orleans to Rapide; and to authorize the President of the United States to open a road from the thirty-first The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for the relief of Daniel S. Dexter "degree of North latitude to New Orleans, on the Whereupon, Resolved. That this House doth agree to the said amendments. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for the the relief of Stephen Sayre:" Whereupon, Resolved, That this House doth agree to the said amendments. The order of the day for the House to resolve itself into a Committee of the Whole on the bill sent from the Senate; entitled "An act in addition to the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," was postponed indefinitely. The House proceeded to consider the bill sent from the Senate, entitled "An act to reduce the expenses attending the administration of justice in the District of Columbia," and made an amendment thereto: Whereupon, Ordered, That the said bill, with the amend ment, be now read the third time, and passed. An engrossed bill in addition to an act, entitled "An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes," was read the third time, and passed. The Committee of the whole House to whom was committed, on the 13th instant, the bill sent from the Senate, entitled "An act to regulate the summoning of grand jurors," were discharged from the farther consideration thereof; and, on the question that the said bill be read the third time this day, it passed in the negative. And so the bill was rejected. The bill sent from the Senate, entitled "An act providing for the appointment of Commissioners to ascertain the practicability of removing the obstructions in the navigation of the Ohio at the Rapids," was read twice, and committed to a Committee of the Whole this day. The House, accordingly, resolved itself into the said committee; and, after some time spent therein, the committee rose, and were refused leave to sit again. route from Athens to New Orleans. And a committee was appointed, of Messrs. VARNUM, CLARKE, and GEORGE W. CAMPBELL. The House resolved itself into a Committee of the Whole on the bill making compensation for extra services to the Governor, Judges, and Secretary, of the Indiana Territory. The bill was reported with several amendments thereto; which were severally twice read, and agreed to by the House. Ordered, That the said bill, with the amendments, be engrossed, and read the third time this day. Mr. VARNUM, from the committee appointed this day, presented a bill to establish certain post roads, and for other purposes; which was read twice, and committed to a Committee of the Whole this day. The House accordingly resolved itself into the said committee. The bill was reported without amendment, and ordered to be engrossed, and read the third time this day. A message from the Senate informed the House that the Senate have passed the bill sent from this House, entitled "An act making further appropriations for fortifying the ports and harbors of the United States, and for building gunboats," with several amendments; to which they desire the concurrence of this House: the bill, entitled "An act making appropriations for the support of Government, during the year one thousand eight hundred and seven," with several amendments; to which they desire the concurrence of this House: the bill, entitled "An act for the relief of Oliver Pollock," with an amendment, to which they desire the concurrence of this House. The House proceeded to consider the amendment proposed by the Senate to the bill, entitled "An act for the relief of Oliver Pollock;" and the same being twice read, was, on the question thereupon, agreed to by the House. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act making further appropriations for fortifying the ports and harbors of the United States, and for building gunboats;" and the same being again twice read, were, on the questions severally put thereupon, agreed to by the House. The farther consideration of the bill sent from the Senate, entitled "An act supplementary to an act, entitled 'An act fixing the Military Peace The House proceeded to consider the amendEstablishment of the United States," was post-ments proposed by the Senate to the bill, entitled poned indefinitely. "An act making appropriations for the support of Government, during the year one thousand eight hundred and seven;" and the same being twice read, were, on the question severally put thereupon, agreed to by the House. An engrossed bill authorizing the discharge of Gilbert Drake from his imprisonment was read the third time, and passed. The House resolved itself into a Committee of the Whole on the bill for the relief of Isaac Briggs; and, after some time spent therein, the committee rose, and were refused leave to sit again. A message from the Senate informed the House that the Senate have passed the bill, sent from this House, entitled "An act making appropriations for carrying into effect a treaty between the United States and Chickasaw tribe of Indians," with several amendments; to which they desire the concurrence of this House. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act making appropriations for carrying into effect a treaty between the United States and Chickasaw tribe of Indians ;" and the same being again twice read, were, on the question severally put thereupon, agreed to by the House. An engrossed bill to establish certain post roads, and for other purposes, was read the third time, and passed. Eodem Die, half past 6 o'clock. A message from the Senate informed the House that the Senate have passed the bill, entitled "An act repealing the acts laying duties on salt, and continuing 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," with an amendment; to which they desire the concurrence of this House. Ordered, That the farther consideration of the bill for the relief of Edward Weld and Samuel Bebee be postponed indefinitely. The House proceeded to consider the amendment proposed by the Senate to the bill, entitled "An act repealing the acts laying duties on salt, and continuing 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 ;" and the same being again twice read, was, on the question put thereupon, agreed to by the House. An engrossed bill making compensation for extra services to the Governor, Judges, and Secretary of the Indiana Territory, was read the third time, and passed. MARCH, 1807. one thousand eight hundred and five, and the other on the twenty-first of April, one thousand eight hundred and six. A message from the Senate informed the House that the Senate insist upon the amendments proposed by them to the bill, entitled "An act allowing an additional compensation to the Judges of the Mississippi Territory, and extending the right of suffrage therein." The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act allowing an additional compensation to the Judges of the Mississippi Territory, and extending the right of suffrage therein." Whereupon, Resolved, That this House doth recede from their disagreement to the third and fourth amendments insisted on by the Senate to the said bill. On motion, it was Resolved, That Mr. VARNUM, Mr. ALSTON, and Mr. GREGG, be appointed a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress. The House were notified that a similar committee had been appointed on the part of the Senate. On motion of Mr. VARNUM, Resolved, That the Clerk of this House be, and he is hereby, authorized and directed to pay, out of the contingent fund, to John Philips, Elexius Spalding, and Richard Steward, the sum of fifty dollars each, for their extra services during the present session. On motion of Mr. GREGG, it was resolved unanimously, that the thanks of this House be presented to NATHANIEL MACON, in testimony of their approbation of his conduct in the discharge of the arduous and important duties assigned to him whilst in the Chair: Whereupon, Mr. SPEAKER made his acknowledgments to the House, in manner following: "Gentlemen: It has been my constant endeavor to perform faithfully the promise made to you two years ago, to discharge the trust reposed in me with industry and fidelity. For the resolution which you have this minute passed, I earnestly beg of you to accept my sincere thanks; permit me also to assure you, that it will be always remembered with gratitude. I wish you safe home, and a happy meeting with your friends." Mr. VARNUM, from the committee appointed on the part of this House, jointly, with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress, reported that the committee had performed that service, and that the President signified to them he had no further communication to make during the present session. Resolved, That the Clerk of the House of Representatives be directed, within one month after the close of the present session of Congress, to advertise three weeks successively, in two newspapers, printed in the District of Columbia, that he is ready to receive separate proposals for supplying the House of Representatives, for the next Congress, with the necessary stationery, printing, and wood for fuel, in manner prescribed by two resolutions, passed by the House of Representatives, the first on the twenty-eighth of February, | sine die. Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now about to adjourn without day; and that the Clerk of this House do go with the said message. The Clerk accordingly went with the said message; and, being returned, Mr. SPEAKER adjourned the House APPENDIX TO THE HISTORY OF THE NINTH CONGRESS. COMPRISING THE MOST IMPORTANT DOCUMENTS ORIGINATING DURING THAT CON GRESS, AND THE PUBLIC ACTS PASSED BY IT. PROCLAMATION By the President of the United States of America. Whereas satisfactory information has been received that Henry Whitby, commanding a British armed vessel, called the Leander, did on the twenty-fifth day of the month of April last, within the waters and jurisdiction of the United States, and near to the entrance of the harbor of New York, by a cannon shot fired from the said vessel Leander, commit a murder on the body of John Pierce, a citizen of the United States, then pursuing his lawful vocation within the same waters and jurisdiction of the United States, and near to their shores; and that the said Henry Whitby cannot at this time be brought to justice by the ordinary process of law. And whereas it does further appear that, both before and after the said day, sundry trespasses, wrongs, and unlawful interruptions and vexations, on trading vessels coming to the United States, and within their waters and vicinity, were committed by the said armed vessel the Leander, her officers, and people; by one other armed vessel, called the Cambrian, commanded by John Nairne, her officers, and people; and by one other armed vessel, called the Driver, commanded by Slingsby Simpson, her officers, and people, which vessels, being all of the same nation, were aiding and assisting each other in the trespasses, interruptions, and vexations aforesaid. Now, therefore, to the end that the said Henry Whitby may be brought to justice, and due punishment inflicted for the said murder, I do hereby especially enjoin and require all officers having authority, civil or military, and all other persons within the limits or jurisdiction of the United States, wheresoever the said Henry Whitby may be found, now or hereafter to apprehend and secure the said Henry Whitby, and him safely and diligently to deliver to the civil authority of the place, to be proceeded against according to law. And I do hereby further require that the said armed vessel the Leander, with her officers and people, and the said armed vessels the Cambrian, and Driver, their officers and people, immediately and without any delay, depart from the harbors and waters of the United States. And I do forever interdict the entrance of all other vessels which shall be commanded by the said Henry Whitby, John Nairne, and Slingsby Simpson, or either of them. And if the said vessels, or any of them, shall fail to depart as aforesaid, or shall re-enter the harbors or waters aforesaid, I do in that case forbid all intercourse with the said armed vessels, the Leander, the Cambrian, and the Driver, or with any of them, and the officers and crews thereof, and do prohibit all supplies and aid from being furnished them, or any of them. And I do declare and make known, that if any person, from or within the jurisdictional limits of the United States, shall afford any aid to either of the said armed vessels, contrary to the prohibition contained in this Proclamation, either in repairing such vessel, or in furnishing her, her officers, or crew, with supplies of any kind, or in any manner whatever; or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance beyond the limits and jurisdiction of the United States; such person or persons shall, on conviction, suffer all the pains and penalties by the laws provided for such offences. And I do hereby enjoin and require all persons bearing office, civil, or military, within the United States, and all others, citizens or inhabitants thereof, or being to exert their respective authorities, and to be aidwithin the same, with vigilance and promptitude ing and assisting to the carrying this Proclamation, and every part thereof, into full effect. In testimony whereof, I have caused the seal of the United States to be affixed to these [L. s.] presents, and signed the same with my hand. |