Ordered, That the further consideration thereof be postponed until the second Tuesday in March

next.

THURSDAY, February, 13.

The Senate took into consideration the amendment reported by the committee, to the bill sent from the House of Representatives, entitled "An act to discharge Robert Sturgeon from his imprisonment;" which was adopted, and the bill was ordered to the third reading as amended.

The bill for augmenting the compensation of the Senators and members of the House of Representatives of the United States was read the third time.

Ordered That the further consideration thereof be postponed until the first Monday in December

next.

FRIDAY, February 14.

Mr. Ross, from the committee appointed the 28th of January last, reported a bill prescribing the mode of deciding disputed elections of President and Vice President of the United States; which was read and ordered to the second reading. The bill, sent from the House of Representatives, entitled "An act to discharge Robert Sturgeon from his imprisonment," was read the third time.

Ordered, That it be recommitted to the committee to whom it was originally referred, further to consider and report thereon to the Senate.

Mr. TRACY, from the committee to whom was referred the bill for the relief of Ithamar Canfield. reported amendments thereto, which were read.

Ordered, That they lie for consideration.

The bill prescribing the mode of deciding disputed elections of President and Vice President of the United States was read the second time; and the further consideration thereof postponed until Wednesday next.

On motion by Mr. GREENE,

"That it be referred to the Secretary of the Treasury to prepare and report to this House a plan for establishing an uniformity in the weights and measures of the

United States:"

It was agreed that this motion lie for consideration.

On motion, by Mr. MARSHALL, that it be "Resolved, That a committee be appointed to inquire if the Indian title has been extinguished to any land,

FEBRUARY, 1800.

and if to any, what land, lying in the State of Tennessee to which the United States hath a right by cession from North Carolina :

It was agreed that this motion lie on the table. Mr. Ross, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act in addition to an act, entitled 'An act regulating the grants of land appropriated for military services and for the Society of the United Brethren for propagating the Gospel among the Heathen," reported amendments, which

were read.

Ordered, That they lie for consideration.

TUESDAY, February 18.

Mr. HOWARD presented the petition of Jeremiah Yellott, praying liberty to export a number of firearms and cutlasses, not adapted to the use of the army or navy; and the petition was read.

Ordered, That it be referred to Messrs. HOWARD, WATSON, and TRACY, to consider and report thereon to the Senate.

Mr. ANDERSON presented the petition of Shadrack Inman, of the State of Tennessee, praying compensation for property taken from him for public service in the State of North Carolina, in the year 1780; and the petition was read.

Ordered, That it be referred to Messrs. ANDERSON, CHIPMAN, and BLOODWORTH, to consider and report thereon to the Senate.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to extend the time of payment of bonds given for duties of impost in certain cases," in which they desire the concurrence of the Senate.

The bill was read and ordered to the second reading.

The Senate took into consideration the amendments reported by the committee, to the bill, sent from the House of Representatives, entitled "An act in addition to an act, entitled 'An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen ;" which amendments were adopted; and the bill was ordered to the third reading as amended.

WEDNESDAY, February 19.

The bill, sent from the House of Representatives, entitled "An act to extend the time of payment of bonds given for duties of impost in certain cases," was read the second time and referred to Messrs. GOODHUE, WATSON, and TRACY, to consider and report thereon to the Senate.

The Senate took into consideration the amendments reported by the committee, to whom was referred the bill for the relief of Ithamar Canfield.

Ordered, That the bill be recommitted to the original committee, further to consider and report thereon to the Senate.

Agreeably to the order of the day, the Senate took into consideration the bill prescribing the

SENATE.

Senate.

The bill, sent from the House of Representatives. entitled "An act for the relief of James Yard," was read the third time, and passed.

MONDAY, February 24.

A message from the House of Representatives informed the Senate that the House concur in the amendments of the Senate to the bill, entitled "An act providing for salvage in cases of recapture," with amendments, in which they desire the concurrence of the Senate. They have passed a bill, entitled "An act to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, entitled 'An act to regulate the collection of duties on imports and tonnage," in which bill they desire the concurrence of the Senate.

The bill last mentioned was read, and ordered to the second reading.

Mr. GOODHUE, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof," reported the bill without amendment; and, after debate, it was agreed that the further consideration of the bill at this time be postponed.

The Senate took into consideration the amendments of the House of Representatives to their amendments to the bill, entitled "An act providing for salvage in cases of recapture."

Ordered, That they be referred to Messrs. GoodHUE, LAURANCE, and LANGDON, to consider and report thereon to the Senate.

Mr. LANGDON, from the committee to whom was referred, on the 17th instant, the case of Seth Harding, reported a bill for his relief; which was read, and ordered to a second reading.

The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States.

On motion, to amend the bill, section 5th, line 7th, so as to provide that the proceedings of the committee be held in public, by striking out the words "with closed doors," and inserting, "in the Chamber of the House of Representatives, with open doors," in lieu thereof:

It passed in the negative-yeas 8, nays 16, as follows:

YEAS-Messrs. Anderson, Baldwin, Bloodworth, Cocke, Franklin, Langdon, Mason, and Nicholas. NAYS-Messrs. Bingham, Chipman, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Laurance, Livermore, Marshall, Paine, Read, Ross, Tracy, and Wells.

And, after progress, the further consideration of the bill was postponed.

FEBRUARY, 1800.

TUESDAY, February 25.

lands in the Territory of the United States The bill authorizing Seth Harding to locate cerNorthwest of the river Ohio, was read the second time; and, after debate, the further consideration thereof was postponed.

informed the Senate that the House agree to all A message from the House of Representatives the amendments of the Senate to the bill, entitled "An act providing for the enumeration of the inhabitants of the United States," except the 10th, to which they disagree. They have passed a bill, entitled "An act to continue in force an act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein, and for other purposes, as therein mentioned," in which they desire the concurrence of the Senate. They agree to all the amendments of the Senate to the bill, entitled "An act in addition to an act, entitled An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," except to those of the first section, to which they disagree.

The bill last brought from the House of Representatives, for concurrence, was read, and ordered to the second reading.

The Senate proceeded to consider their amendment disagreed to by the House of Representatives to the bill first mentioned in the message. Wherepon,

Resolved, That they do recede from their said amendment.

The Senate took into consideration their amendments disagreed to by the House of Representatives to the bill last mentioned in the message. Whereupon,

Resolved, That a conference be requested on the amendments disagreed to, and that Messrs. Ross and BROWN be the managers at the same on the part of the Senate.

Mr. PINCKNEY, from the committee to whom was referred the bill to establish an uniform mode of drawing jurors by lot, in all the Courts of the United States, reported amendments, which were read.

Ordered, That they be printed for the use of the Senate.

The VICE PRESIDENT laid before the Senate a report from the Secretary of the Department of Treasury, on the memorial of the executors of the late Elias Haskett Derby, of Salem, in the State of Massachusetts; which was read.

Ordered, That it lie on the table.

The Senate resumed the second reading of the bill, sent from the House of Representatives, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof."

On motion, to strike out, in section 2, line 3, the word "Europe," and insert these words: "foreign countries," it passed in the negative-yeas 11, nays 16, as follows:

YEAS-Messrs. Anderson, Baldwin, Bloodworth,

cedents established by some of them, may hereafter be more inconvenient in their consequences to our peace and safety than even that sort of maritime warfare, in which alone there is ever any danger of this country being engaged with an European Power. The present bill I consider of the like character, and I therefore very earnestly hope that a pacific arrangement will be concluded, which may prevent the effects I am afraid this additional precedent will afford. I consider it as springing from the same source with most of the measures which have been agitated for the last two years, particularly the provisional army, and as going to establish the precedent of granting to the Executive powers, in my judgment, unwarranted by the Constitution-of paving the way to that Executive and Ministerial influence in the affairs of our Government which may hereafter render the Representative part of it, and the direction and influence they ought to have, more a name than anything else. It is astonishing to me, that, having the examples on this point of another nation before us-examples which we must recollect were held forth by Congress, during the Revolutionary war, in the strongest language, as beacons to warn us of similar dangers-we should, at so early a day, be preparing to precipitate ourselves into the same system.

Look to Great Britain, from the first day of the present monarch's reign, and see what has been the progression of Executive and Ministerial influence there, within that time. Let any gentleman attentively examine the book entitled, "The history of the two acts passed, one for the preservation of the King's person against treasonable practices and attempts, and the other to prevent seditious practices and assemblies," and there will he find the best account I have met with, of the measures which have been pursued, step by step, to establish this Ministerial and Executive influence, until, by the confession of the most able and moderate of their own writers, the all-controlling power of the Minister is now such, that he can always direct their Parliament as he pleases, and plunge them in any war his personal resentment or self-interest may prompt him to, regardless of the expense or true interests of the nation. This enormous power in the hands of their Executive and Ministers, and the total loss of influence in the Representative part of their Government, must be attributed not to any one, but to a variety of measures, successively introduced, at first little suspected, but at length, under the sanction of precedent, increased to an alarming extent. Some gentlemen, who view such acts as the present improper, are averse to opposing them, because they think they see inutility in the attempt. I differ from them extremely, and consider it as the duty of every member to express his sentiments on such measures as appear improper, and to resist them, even though satisfied of the immediate inefficiency of that opposition, as it serves to keep the public mind awake to its safety and the conduct of their constituted authorities.

This bill is a branch of that system which has been pursued by the friends and supporters of the

FEBRUARY, 1800.

present Administration, for two or three years, with constant and too effectual perseverance, for increasing the power of the Executive. In a former session, we have seen a large army voted, which has since been partly raised, and is now resolved to be reduced. There was also an act authorizing the President to raise, if in his opinion the danger was so great as to require it, 10,000 men, as a provisional army, and, of his own and sole authority, to commission all the officers; there was also in this act, a clause authorizing the President to accept of the service of volunteer corps, and to appoint all the commissioned officers; although there is an express clause in the Constitution, which says, that the appointment of all the officers of the militia, who may be employed in the service of the United States, shall be reserved to the States respectively. I must confess, I view this delegation to the President, of the power to raise this provisional army or not, as in his opinion the danger of our situation may require, and the power intended to be given by this bill, to remit the prohibition of intercourse, and renew it again, with the whole, or any part of the French dominions, as he pleases, as so intimately connected, and as standing so precisely on the same principles, that although it may not be perfectly in order, yet, in considering the one, I cannot help glancing at the other, as they both serve to bring before you the important question, how far the Constitution authorizes Congress to delegate to the President the exercise of such extensive powers. I have no doubt, in my own mind, that the Constitution does not authorize the delegation of these authorities, and it is among the reasons that induce me to vote against this bill. It will be granted that no powers are more important to a nation than those to regulate commerce, and to declare warthese, therefore, are both exclusively given to Congress. It is observable, that although the power to make peace is given to the President, with the advice and consent of two-thirds of the Senate, yet, that so guarded is the Constitution upon the subject of war, that this is given to Congressthey alone can declare war, they alone can regulate commerce; nor can they constitutionally delegate this exercise of their authorities, by any limitations they can annex to the manner in which their agent is to execute them: they are powers so great, and so important to the peace and dearest interests of the people, that they are vested in Congress-they, and they alone, are to judge from the circumstances before them, whether war, or measures that may in their tendency involve a war, are expedient. With them also rests the power to say what shall be the nature of our commerce, or the regulations necessary to its rights and safety; with whom and under what conditions it shall be carried on; with what nations, and for what time it shall be interdicted. And are not these powers so great that they ought never to be exercised but by the representatives of the people? In giving to them exclusively the powers of war and commerce, does not the grant include all their incidental authorities? Where is the part of the Constitution which authorizes their delega