Erection of Louisiana into Two Territories.

person held to service or labor in either of the States | thereof; and a motion was made to strike out or Territories aforesaid, under the laws thereof, es- the last division of the amendment proposed caping into said Territory of Louisiana, shall, by yesterday, to wit: any thing contained herein, be discharged from such service or labor, but shall be delivered up in the manner prescribed by law."

FEBRUARY, 1804.]

Erection of Louisiana into Two Territories.

YEAS.-Messrs. Armstrong, Bradley, Breckenridge, Brown, Cocke, Coudit, Franklin, Hillhouse, Logan, Maclay, Olcott, Plumer, Potter, S. Smith, Wells, White, Worthington, and Wright.

NAYS.-Messrs. Adams, Anderson, Baldwin, Dayton, Ellery, Jackson, Nicholas, Pickering, J. Smith, Stone, and Venable.

THURSDAY, February 2.

[SENATE.

A motion was made to strike out from the beginning, to the words "and they," inclusive, for the purpose of inserting, " persons to serve said Territory." as grand and petit jurors in the courts of the

A division of the question was called for, and that it first be taken on striking out; and on the question, Shall these words be struck out? it was passed in the negative-yeas 10, nays 18, as follows:

YEAS.-Messrs. Adams, Bradley, Brown, Hillhouse, Logan, Olcott, Pickering, Plumer, John Smith, and Stone.

NAYS.-Messrs. Anderson, Armstrong, Breckenridge, Baldwin, Cocke, Condit, Ellery, Franklin, Jackson, Maclay, Nicholas, Potter, Samuel Smith, Sumter, Venable, Wells, Worthington, and Wright.

On the question to agree to the original motion, it passed in the affirmative-yeas 21, nays 7, as follows:

YEAS.-Messrs. Anderson, Armstrong, Breckenridge, Baldwin, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Samuel Smith, Stone, Sumter, Venable, Wells, Worthington, and Wright.

Erection of Louisiana into two Territories. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and on motion to strike out the eighth section of the original bill, amended as follows: "SEC. 8. The residue of the province of Louisiana, ceded to the United States, shall remain under the same name and form of government as heretofore, save only that the executive and judicial powers exercised by the former government of the province shall now be transferred to a Governor, to be appointed by the President of the United States: and that the powers exercised by the commandant of a post or district shall be hereafter vested in a civil officer, to be appointed by the President in the recess of the Senate, but to be nominated at the next meeting thereof for their advice and consent; under the orders of which commandant the officers, troops, and militia of his station shall be; who, in cases where the military have been used, under the laws heretofore existing, shall act by written orders and not in Erection of Louisiana into two Territories. person; and the salary of the said officers, respect- The Senate resumed the third reading of the ively, shall not exceed the rate of dollars per bill erecting Louisiana into two Territories, and The President of the United States, how-making provision for the temporary governever, may unite the districts of two or more comment thereof; and on motion to amend the mandants of posts into one, where their proximity or bill, by striking out of section 10th, the words: ease of intercourse will permit without injury to the inhabitants thereof. The Governor shall receive an annual salary of

annum.

dollars, payable quarter-yearly at the Treasury of the United States:"

It passed in the affirmative-yeas 16, nays 9, as follows:

YEAS-Messrs. Adams, Anderson, Armstrong, Breckenridge, Cocke, Condit, Franklin, Hillhouse, Maclay, Olcott, Pickering, Plumer, J. Smith, Stone, Venable, and Worthington.

NAYS.-Messrs. Baldwin, Brown, Dayton, Ellery, Jackson, Nicholas, Potter, S. Smith, and Wright.

TUESDAY, February 7.

Erection of Louisiana into two Territories. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof, and agreed to sundry amendments; and on motion to agree to a further amendment, as follows:

"SEC. 7. All free male white persons, who are housekeepers, and who shall have resided one year at least in the said Territory, shall be qualified to serve as grand or petit jurors in the courts of the said Territory; and they shall, until the Legislature thereof shall otherwise direct, be selected in such manner as the judges of the said courts, respectively, shall prescribe, so as to be most conducive to an impartial trial, and to be least burdensome to the inhabitants of the said Territory:"

NAYS.-Messrs. Adams, Bradley, Hillhouse, Olcott, Pickering, Plumer, and John Smith.

FRIDAY, February 17.

"And no slave or slaves shall, directly or indirectly, be introduced into said Territory, except by a citizen of the United States removing into said Territory for actual settlement, and being at the time of such removal bona fide owner of such slave or

slaves: "

It passed in the negative-yeas 9, nays 19, as follows:

YEAS.-Messrs. Anderson, Baldwin, Cocke, Dayton, Nicholas, John Smith, Stone, Venable, and Wright.

NAYS.-Messrs. Armstrong, Bradley, Breckenridge, Brown, Condit, Ellery, Franklin, Hillhouse, Jackson, Logan, Maclay, Olcott, Plumer, Potter, Israel Smith, Samuel Smith, Sumter, Wells, and White.

On motion to expunge from the same section, after the word "slaves," the words "and every slave imported or brought into said Territory, contrary to the provisions of this act, shall thereupon be entitled to and receive his or her freedom :"

It passed in the negative-yeas 11, nays 17, as follows:

YEAS.-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Dayton, Jackson, Nicholas, Stone, Sumter, and Venable.

NAYS.-Messrs. Bradley, Brown, Condit, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Plumer, Potter, Israel Smith, John Smith, Samuel Smith, Wells, White, and Wright.

Election of President of the Senate, pro tem.

The following is the section containing these prohibitions such slave or slaves; and every slave imported or brought and penalties:

MARCH, 1804.]

Seat of Government.

[SENATE.

Ordered, That the Secretary make a like | States, of high crimes and misdemeanors, and accommunication to the House of Representatives.

TUESDAY, March 13.
Impeachment of Judge Chase.

A message from the House of Representatives, by Messrs. J. RANDOLPH and EARLY, two of their members, was received, as follows:

"Mr. President: We are ordered, in the name of the House of Representatives and of all the People of the United States, to impeach Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, of high crimes and misdemeanors; and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the

Turnpike Road to the Ohio.

The Senate took into consideration the amendment reported by the committee to the bill, entitled "An act authorizing the appointment of Commissioners to explore the routes most eligible for opening certain public roads;" and on the question to agree to the said amendment, as follows:

Strike out, in the first section, after the word "proceed," in the fourth line, to the word "and," in the seventh line, and insert, "to explore and designate the most eligible route for a turnpike road, to lead from Fort Cumberland, on the Potomac, to Wheeling, on the Ohio."

It passed in the negative-yeas 13, nays 15, as follows:

YEAS.-Messrs. Anderson, Breckenridge, Cocke, Dayton, Franklin, Pickering, Israel Smith, John Smith of Ohio, Samuel Smith, Stone, Sumter, Worthington, and Wright.

quainted the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same;

"And likewise demanded that the Senate take order for the appearance of the said Samuel Chase to answer to the said impeachment. Therefore,

Resolved, That the Senate will take proper order thereon, of which due notice shall be given to the House of Representatives."

Resolved, That the Secretary of the Senate notify the House of this resolution.

MONDAY, March 19.

Post Roads in States.

The Senate resumed the third reading of the bill, entitled "An act to alter and establish certain post roads."

On motion, to add the following after section third:

"And be it further enacted, That two post roads shall be laid out, under the inspection of commissioners to be appointed by the President of the United States, one to lead from Tellico block-house, in the State of Tennessee, and the other from Jackson court-house, in the State of Georgia, by routes the most eligible, and as nearly direct as the nature of the ground will admit, to New Orleans."

It passed in the affirmative-yeas 17, nays 10, as follows:

YEAS.-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Dayton, Franklin, Jackson, Maclay, Nicholas, John Smith of Ohio, John Smith of New York, Samuel Smith, Stone, Sumter, Venable, and Worthington.

NAYS.-Messrs. Adams, Bradley, Hillhouse, Logan, Olcott, Pickering, Plumer, Israel Smith, Tracy, and

White.

And, sundry other amendments having been agreed to,

Resolved, That this bill do pass as amended.
Seat of Government.

The bill for the temporary removal of the NAYS.-Messrs. Adams, Armstrong, Baldwin, Brad-seat of Government of the United States to the ley, Ellery, Hillhouse, Jackson, Logan, Maclay, Nicho- city of Baltimore was taken up for its second las, Olcott, Plumer, John Smith of New York, Vena-reading. ble, and White.

Ordered, That the bill be recommitted, and that Messrs. NICHOLAS, WORTHINGTON, and DAYTON be the committee further to consider and report thereon to the Senate.

WEDNESDAY, March 14. Impeachment of Judge Chase. Mr. BALDWIN, from the committee to whom yesterday was referred the message from the House of Representatives relative to the impeachment of Samuel Chase, made report; which was read and adopted, as follows:

[The debate which took place on this occasion, had progressed to some length before the reporter entered the House. Mr. WRIGHT was then on the floor, and had made a motion to postpone the further consideration of the bill until the first Monday in May.]

He

Mr. W. assigned as reasons for this motion, that it was not his intention in presenting the bill, that it should pass; but that it had been offered with the view of acting as a spur to the inhabitants of Washington to effect a more complete accommodation of Congress. trusted and believed it would have that effect; and the operation of the postponement would, "Whereas, the House of Representatives, on the by hanging the bill over their heads, most 13th day of the present month, by two of their mem-powerfully tend to produce the desirable result bers, Messrs. John Randolph and Early, at the bar of of a concentration of the city, and an augmenthe Senate, impeached Samuel Chase, one of the As- tation of accommodation. sociate Justices of the Supreme Court of the United

Mr. JACKSON followed, and, in terms of ap

SENATE.]

Seat of Government.

propriate energy, condemned the proposition of removal. He said he should not have believed, but for the express declaration of the gentleman from Maryland, that he would have brought forward a bill the sole object of which was to frighten the women and children of Washington. So far from the measure having the desired effect avowed by the gentleman, if it had any effect whatever, it would be to shake all confidence in the Government, to repress the very accommodation desired.

Mr. J. denied the moral right of Congress to remove the seat of Government; it had been fixed under the constitution, and without its violation could not be changed.

Such a measure would indicate a prostration of plighted faith; would destroy all confidence in the Government, from one end of the continent to the other.

[MARCH, 1804. the postponement, because he believed, if the bill were not postponed, it would consume more time than could, at this late period of the session, be spared, without a serious neglect of important business before Congress. He expressed his regret at its introduction.

The question was then taken on the motion of postponement, and decided in the negative— yeas 3, nays 24, as follows:

YEAS.-Messrs. I. Smith, S. Smith, and Wright. NAYS.-Messrs. Adams, Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Cocke, Dayton, Franklin, Jackson, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, John Smith of Ohio, John Smith of New York, Stone, Sumter, Tracy, Venable, White, and Worthington.

The bill was then read a second time.

Mr. DAYTON said, he had been instructed by the Legislature of New Jersey, in case any prosGentlemen, in favor of this measure, should pect presented itself of a removal of the seat of know its cost. Already had the present seat Government, to offer, in their name, the public of Government, in its origination and conse- buildings in Trenton for their accommodation. quences, cost the nation the assumption of the He, therefore, gave notice that, in case the bill State debts to the amount of twenty-one mil- went to a third reading, he should produce his lions, and between one and two millions for instructions, and move the substitution of Trenpublic accommodation. Would gentlemen beton in the room of Baltimore. At the same willing not only to lose all that had been expended, but likewise to indemnify the proprietors in the city, whose assessed property amounted to two and a half millions of dollars, and the proprietors of property in the whole District, the amount of which he was unable to state? Mr. J. concluded by saying, he should vote against the postponement, under the expectation that the Senate would take up the bill and reject it by a majority so great, that no similar proposition should ever again be brought before them.

time, he was free to declare his opinion of the impolicy of the proposed measure. The provision of the constitution had arisen from an experience of the necessity of establishing a permanent seat for the Government. To avert the evils arising from a perpetual state of mutation, and from the agitation of the public mind whenever it is discussed, the constitution had wisely provided for the establishment of a permanent seat, vesting in Congress exclusive legislation over it. While he declared this as his creed, he begged it to be understood that there were, in Mr. ANDERSON declared himself hostile to the his opinion, some rightful grounds of removpostponement, as he was in favor of the passage al. There were four such, two of which were of the bill, under certain modifications. He con- the following: if the place should be found a sidered Congress possessed the constitutional grave-yard for those who resided in it, or if the power of altering the seat of Government; and inconveniences of conducting the machine of he believed, from an experience of the incon- government should be so great as to prevent veniences attending the existing seat, it was the due transaction of the public business. For their duty to change it. He allowed that, in the existence of these, no fault could be attachsuch an event, an obligation would arise to in-ed to the District. If, therefore, a removal took demnify the proprietors for the losses they would place on their account, Congress were bound to thereby sustain. This, however, he considered indemnify the proprietors. There were two the lesser evil; as the sum required to make another grounds of removal, which would justify indemnity would be less than that required for a removal without indemnity, as they would be the improvements contemplated, and which are the effect of the misconduct of the inhabitants necessary to accommodate the Government. of the District. These were, the evidence of Mr. COOKE declared himself decidedly inimi-a turbulent spirit, endangering the safety of cal to the bill. The permanent seat of Govern- Congress, and of a determined resolution, arisment was fixed under the constitution, and the ing from a dissatisfaction which the Governpower did not belong to Congress to alter it. ment or Congress expressed in favor of a recession.

Mr. ADAMS strenuously contended against the right of Congress to remove the seat of Government. To do so, would be to prostrate the national faith, and to shake the confidence of the nation in the Government. He considered the proposed measure as inexpedient as it was unconstitutional; as it tended directly to defeat the object of the mover.

Mr. S. SMITH said, he should vote in favor of

When he stated these grounds for removal, Mr. D. said, it was not from any apprehension of their occurrence. On the contrary, he believed the Government in perfect safety, and he was convinced, if any hostile arm should be raised against it, the inhabitants of Columbia would be ready to shed their blood in its defence.