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FEBRUARY, 1806.

Journals of the Old Congress.

against the prayer of the petitioner; which was agreed to by the House.

The House took into consideration the amended bill for laying a duty of ten dollars on every slave imported into the United States.

Various amendments were made, when the bill was ordered to a third reading on Monday.

[As the bill now stands, it provides, in case of smuggling slaves into the United States, that the vessel in which they are brought shall be forfeited. It is silent with regard to the forfeiture or liberation of the slaves.]

CHURCH IN GEORGETOWN.

H. OF R.

under the Confederation. For this purpose, by a joint resolution of the Senate and House of Representatives, approved on the 2d day of March, 1799, the Secretary of the Senate and Clerk of the House of Representatives were authorized and directed to subscribe for four hundred copies of the said Journals, then proposed to be published by Richard Folwell. Those copies were accordingly procured, and have been distributed to members of each Congress, until the present. At the meeting of the present Congress it has been found that cient to supply those members who have not served a only ten copies remain, which are by no means suffiformer Congress with one copy each.

The petitioners offer to furnish one hundred and The bill to incorporate the Trustees of a Pres-ington, at $16 a set. This is the price, including bindthirty copies, bound in boards, to be delivered at Washbyterian Church in Georgetown was read a third ing and the expense of transportation, at which former

time.

Mr. ELMER Supported, and Messrs. JACKSON, SLOAN, HOLLAND, and RHEA, opposed the bill. The question was taken by yeas and nays, and the bill passed-yeas 72, nays 40, as follows: YEAS-David Bard, Joseph Barker, Silas Betton, Barnabas Bidwell, William Blackledge, John Blake, jun., James M. Broom, Robert Brown, John Campbell, John Chandler, Martin Chittenden, Joseph Clay, Frederick Conrad, Leonard Covington, Richard Cutts, Samuel W. Dana, Ezra Darby, John Davenport, junior, James Elliot, Caleb Ellis, Ebenezer Eliner, William Ely, William Findley, James Fisk, Andrew Gregg, Isaiah L. Green, John Hamilton, Seth Hastings, William Helms, David Holmes, David Hough, Michael Leib, Henry W. Livingston, Duncan MacFarland, Patrick Magruder, Robert Marion, Josiah Masters, Wil liam McCreery, Nicholas R. Moore, Jeremiah Morrow, Jonathan O. Mosely, Gurdon S. Mumford, Jeremiah Nelson, Timothy Pitkin, junior, John Pugh, Josiah Quincy, John Rea of Pennsylvania, John Russell, Thomas Sammons, Martin G. Schuneman, John Smilie, John Cotton Smith, Henry Southard, Thomas Spalding, Josoph Stanton, William Stedman, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Thomas W. Thompson, Uri Tracy, Philip Van Cortlandt, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, John Whitehill, Robert Whitehill, Eliphalet Wickes, Nathan Williams, and Thomas Wynns.

NAYS-Willis Alston, junior, George M. Bedinger, Phanuel Bishop, Thomas Blount, John Boyle, William Butler, Levi Casey, John Claiborne, Christopher Clark, Matthew Clay, Orchard Cook, Jacob Crownin

shield, William Dickson, Elias Earle, Peter Early, John W. Eppes, Peterson Goodwyn, Edwin Gray, Silas Halsey, James Holland, John G. Jackson, Thomas Kenan, David Meriwether, Thomas Moore, Thomas Newton, junior, Gideon Olin, Thomas M. Randolph, John Rhea of Tennessee, Peter Sailly, Thomas Sandford, Ebenezer Seaver, James Sloan, John Smith, Samuel Smith, Richard Stanford, Matthew Walton, David R. Williams, Marmaduke Williams, Alexander Wilson, and Richard Winn.

JOURNALS OF CONGRESS.

Mr. JOSEPH CLAY, from the committee to whom was referred the petition of William Levis and Hugh Maxwell, made the following report:

That, on a member taking his seat in Congress for the first time, it has been heretofore customary to supply him with a copy of the Journals of the Congress 9th CON.-16

sets were furnished, and is, as the committee are informed, at a much less rate than that at which the Journals could now be printed.

Provision ought, perhaps, to be made for printing at the public expense another edition of these important Journals; this, however, is not a subject on which your committee will, at this time, offer an opinion; but they can see no reason why the members, who have now taken their seats in Congress for the first time should be denied those Journals with which members of every former Congress have been supplied. They, therefore, recommend the following resolution :

Resolved, That the Secretary of the Senate and the Clerk of the House of Representatives be authorized and directed to purchase, for the use of the Senate and House of Representatives, from William Levis and Hugh Maxwell, 130 copies of Folwell's edition of the Journals of the Congress under the Confederation, at such price, not exceeding sixteen dollars per set, as they may deem eligible.

Referred to a Committee of the whole House to-morrow.

THURSDAY, February 20.

Mr. JOHN C. SMITH from the Committee of Claims, to whom was referred on the seventh ultimo, the petition of Willis Wilson, made a report thereon; which was read, and ordered to be referred to the consideration of a Committee of the Whole House to-morrow.

Mr. JOHN C. SMITH, from the same committee, presented a bill making provision for extinguishing the debts due from the United States; which

was read twice and committed to a Committee of the Whole on Monday next.

The House resolved itself into a Committee of the Whole on the bill for relief of Philip Nicklin and Robert Eaglesfield Griffith. The bill was reported without amendment, and ordered to be engrossed and read the third time to-morrow.

Mr. JOSEPH CLAY, from the committee appointed yesterday, presented, according to order, a bill to amend an act entitled "An act concerning the Library for the use of both Houses of Congress;" which was read twice and committed to a Committee of the Whole to-morrow.

Ordered, That the Committee of the Whole House to whom was committed, on the fifth instant, the bill making an appropriation for the payment of the witnesses and other expenses on

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Charlestown, Va.-Salaries of Judges.

the impeachment of Samuel Chase, and to which Committee of the Whole was also committed, on the eleventh instant, the bill sent from the Senate, entitled "An act making provision for the compensation of witnesses, who attended the trial of the impeachment of Samuel Chase," be discharged from the consideration of the said last mentioned bill; and that the said bill be committed to a Committee of the Whole to-morrow.

The House resolved itself into a Committee of the Whole on the bill sent from the Senate, entitled "An act authorizing the sale of a tract of land in the town of Cincinnati, and State of Ohio. The bill was reported with an amendment thereto; which was twice read and agreed to by the House.

Ordered, That the said bill, with the amendment, be read the third time to-morrow.

On motion, it was

Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of granting a pre-emption right to George Ash, of one mile square of land, in the Indiana Territory, to include his improvements.

Mr. NEWTON said, he had been requested to present several resolutions, unanimously adopted by the citizens of Norfolk and Portsmouth, expressive of their indignation at the conduct of Britain on the restrictions and plundering to which our commerce is exposed, and at the degrading situation to which our brave seamen are subjected by arbitrary and illegal impressments; also, expressive of their determination to support, with their lives and fortunes, such measures as the councils of this nation may adopt.

Mr. N. said he was happy, on this occasion, to be made the organ of this communication. The resolutions were characterized, Mr. N. said, by that language which had been used on the birth-day of American freedom and independence; and they breathed a spirit highly honorable to the citizens of a free and independent nation.

The resolutions were then read, and referred to a Committee of the Whole on the state of the Union.

CHARLESTOWN, VIRGINIA.

Mr. CROWNINSHIELD, from the Committee of Commerce and Manufactures, made a report on the petition of sundry inhabitants of Charlestown, Virginia, praying that said place may be made a port of entry and delivery.

The report is detailed, and assigns a variety of reasons against the expediency of granting the prayer of the petitioners, and concludes with a resolution that they have leave to withdraw their petition.

The House, having taken the report into consideration

Mr. JACKSON observed that the facts detailed in the report were conceded. It was probable that there would never be a vessel entered at Charlestown from a foreign country. With regard to the success of the prayer of the petitioners, Mr. J. said he should not have been sanguine, but for a Constitutional provision which he considered

FEBRUARY, 1806.

imperative. No port of entry existed in the western part of Virginia, in consequence of which, vessels sailing from Charlestown were obliged to pay duties at New Orleans. The Constitutional provision, to which he alluded, was this: "No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another." Was it not obvious that a preference was given to the ports of one State over those of another by requiring the vessels of the one. to enter and clear in the ports of the other; and was it not also obvious that the latter part of the provision was equally violated? It would be a great convenience to the petitioners to give bonds and take out clearances in the neighorhood of the place where their vessels are built, instead of being obliged to go to a distance of 2,000 miles, where they would find themselves among strangers.

Mr. CROWNINSHIELD observed that there were several ports of entry already in Virginia from which vessels might clear without paying duties at New Orleans. He further observed that New Orleans and Natchez were not within the limits of a State, and therefore were not embraced by the Constitutional provision referred to; and added that duties were only paid on the entry of vessels from a foreign country.

Mr. J. C. SMITH thought there was sufficient. plausibility in the remarks of the gentleman from Virginia, to give the subject a full discussion. He, therefore, moved a reference of the report to a Committee of the whole House on Monday, which was agreed to-yeas 59.

SALARIES OF JUDGES.

The House resolved itself into a Committee of the Whole, on a bill from the Senate, relative to the salaries of the judges of the Territory of Orleans.

The bill increases the salaries of the judges of the superior and district court from two thousand to two thousand five hundred dollars; and allows I. B. Prevost, a judge of the superior court, an additional salary of five hundred dollars, for services heretofore performed by him without the aid of the other judges.

Messrs. SLOAN and MERIWETHER called for information relative to the grounds on which the proposed increase of salaries is made.

Mr. EARLY replied, that, since the organization of the Territory of Orleans, the President had not been able to obtain any person or persons properly qualified, except Mr. Prevost, who had consequently been obliged to perform all the duties of the court; that it was requisite for the judges not only to understand the laws of their own country, but likewise those of the country to whom the Territory belonged previous to its cession; and, in addition to this. it was necessary for them to be acquainted with the French and Spanish languages. Added to this, the price of living was extremely high, and the climate very unhealthy. Mr. FINDLEY corroborated this statement.

FEBRUARY, 1806.

Nicklin and Griffith-Salaries of Judges.

H. OF R.

The Committee rose and reported their agree-Thomas Moore, Jeremiah Morrow, John Morrow, Gurment to the bill, which was ordered to a third reading this day.

The bill was accordingly read a third time. Messrs. MERIWETHER and G. W. CAMPBELL opposed, and Messrs. J. CLAY, CLARK, and NICH-ing, Joseph Stanton, Lewis B. Sturges, Samuel TagOLSON, supported the bill.

Mr. CONRAD moved a postponement of the bill

till to-morrow.

Mr. JACKSON hoped the bill would be recommitted to a select committee empowered to pass in review the salaries of all the judges of the Uni ted States. He did not think the salaries in this bill too high, but he thought those allowed to the other judges too low.

Mr. RHEA spoke in favor of the bill.

Mr. LEIB thought too much celerity should not be given to the passage of an appropriation

bill.

Mr. EARLY spoke against the postponement.
Mr STANTON spoke against the bill.
The question was then taken on the motion to
postpone, which was carried-ayes 50.

FRIDAY, February 21.

Mr. NICHOLSON, from the Committee of Ways and Means, presented a bill making appropriations for the support of Government, during the year one thousand eight hundred and six; which was twice read, and committed to a Committee of the Whole on Monday next.

The bill sent from the Senate, entitled "An act authorizing the sale of a tract of land in the town of Cincinnati and State of Ohio," together with the amendment agreed to yesterday, was read the third time, and passed.

don S. Mumford, Jeremiah Nelson, Thomas Newton, jr., Timothy Pitkin, jr., Jacob Richards, John Russell, Peter Sailly, Thomas Sammons, Ebenezer Seaver, John Smilie, Samuel Smith, Henry Southard, Thomas Spaldgart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Uri Tracy, Philip Van Cortlandt, Killian K. Van Rensselaer, Daniel C. Verplanck, Peleg WadsWickes, Marmaduke Williams, Nathan Williams, worth, John Whitehill, Robert Whitehill, Eliphalet Richard Winn, and Thomas Wynns.

NAYS-Burwell Bassett, George M. Bedinger, Silas Betton, Barnabas Bidwell, William Blackledge, Thomas Blount, John Boyle, William Butler, Levi Casey, Martin Chittenden, John Claiborne, Frederick Conrad, Ezra Darby, John Davenport, jr., Elias Earle, Caleb Ellis, John W. Eppes, John Fowler, Peterson Goodwyn, Edwin Gray, Joseph Lewis, jr., Matthew Lyon, Duncan McFarland, Patrick Magruder, David Meriwether Gideon Olin, John Pugh, John Rea of Pennsylvania, John Rhea of Tennessee, Thomas Sandford, Martin G. Schuneman, James Sloan, John Cotton Smith, John Smith, Richard Stanford, William Stedman, Thomas W. Thompson, Joseph B. Varnum, David R. Williams, and Alexander Wilson.

SALARIES OF JUDGES.

The bill for increasing the salaries of the judges of the Territory of Orleans, was read the third time, and rejected—yeas 45, nays 68, as follows:

YEAS-Willis Alston, jr., David Bard, William Blackledge, James M. Broom, William Butler, John Campbell, John Claiborne, Joseph Clay, Frederick Conrad, Jacob Crowninshield, John Davenport, jr., Peter Early, William Findley, John Fowler, Isaiah L. Green, Seth Hastings, Michael Leib, Henry W. Livingston, Matthew Lyon, Robert Marion, William McCreery, NichoA bill was received from the Senate, to suspend las R. Moore, Gurdon S. Mumford, Thomas Newton, the commercial intercourse between the United jr., Josiah Quincy, John Rea of Pennsylvania, John States and certain parts of the island of St. Do- Rhea of Tennessee, Martin G. Schuneman, John Smimingo. This bill prohibits all commercial inter-lie, John Cotton Smith, William Stedman, Samuel course between citizens or inhabitants of the Uni-Taggart, Samuel Tenney, David Thomas, Philip Van ted States and any part of the island of St. Domingo not in the possession and under the acknowledged Government of France; in violation of this provision, the vessel and cargo are to he forfeited. It is limited to one year, and the President is authorized, at any intermediate time, to take off the restraints and prohibitions.

Cortlandt, Killian K. Van Rensselaer, Joseph B. Varnum, Daniel C. Verplanck, Matthew Walton, John Whitehill, Eliphalet Wickes, David R. Williams, Nathan Williams, Richard Winn, and Thomas Wynns. Bassett, George M. Bedinger, Silas Betton, Barnabas NAYS-Isaac Anderson, Joseph Barker, Burwell Bidwell, Phanuel Bishop, John Blake, jr., Thomas Blount, Robert Brown, John Boyle, George W. Campbell, Levi Casey, John Chandler, Martin Chittenden, Matthew Clay, Orchard Cook, Samuel W. Dana, Ezra Darby, William Dickson, Elias Earle, James Elliot, Caleb Ellis, Ebenezer Elmer, William Ely, John W. The bill for the relief of Philip Nicklin and R. Eppes, James Fisk, James M. Garnett, Peterson GoodE. Griffith was read the third time, and passed-wyn, Edwin Gray, Andrew Gregg, Silas Halsey, John yeas 69, nays 40, as follows:

Referred to a Committee of the Whole on Monday.

NICKLIN AND GRIFFITH.

Hamilton, David Holmes, David Hough, John G. JackYEAS-Willis Alston, jr., Isaac Anderson, David son, Thomas Kenan, Joseph Lewis, jr., Duncan MacBard, Joseph Barker, Phanuel Bishop, John Blake, jr., Farland, Patrick Magruder, Josiah Masters, David MerJames M. Broom, Robert Brown, John Campbell, John iwether, Jeremiah Morrow, John Morrow, Jeremiah Chandler, Joseph Clay, Jacob Crowninshield, Richard Nelson, Gideon Olin, Timothy Pitkin, jr., John Pugh, Cutts, Samuel W. Dana, William Dickson, Peter Ear- Jacob Richards, John Russell, Peter Sailly, Thomas ly, James Elliot, Ebenezer Elmer, William Ely, Wil- Sammons, Thomas Sandford, Ebenezer Seaver, James liam Findley, James Fisk, Andrew Gregg, Isaiah L. Sloan, John Smith, Samuel Smith, Henry Southard, Green, Silas Halsey, Seth Hastings, David Holmes, Thomas Spalding, Richard Stanford, Joseph Stanton, John G. Jackson, Walter Jones, Thomas Kenan, Mi-Lewis B. Sturges, Benjamin Tallmadge, Thomas W. chael Leib, Henry W. Livingston, Robert Marion, Josiah Masters, William McCreery, Nicholas R. Moore,

Thompson, Uri Tracy, Robert Whitehill, Marmaduke
Williams, and Alexander Wilson.

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Mr. JACKSON observed, that the House having decided against augmenting the salaries of the judges of the Territory of Orleans, in consequence, probably, of the idea that a general review of the salaries of the judges of the several Territories of the United States should be previously made, be would, in correspondence with that impression, offer the following resolution:

Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of increasing the salaries of the officers of the Territories of the United States, and of the District of Columbia, or any of them; and that they be authorized to report by bill or otherwise.

FEBRUARY, 1806.

ences with one of the belligerent nations had not, before this time, been acted on. He had laid a resolution on the table on this subject, four weeks ago, but it had been delayed by a call for various Treasury statements-which he regretted having consented to ask, as, in his opinion, they had no bearing on the subject.

Mr. JACKSON rose to move a postponement indefinitely.

Mr. LEIB said, as this motion involved a decision of the main question, he would call for the taking of the yeas and nays.

Mr. THOMAS hoped the gentleman from Virginia (Mr. JACKSON) would withdraw his motion, On the question to take this motion into consid-as, from its going to reject the resolution, it would eration, the House divided—ayes 23.

YAZOO CLAIMS.

produce all the remarks which would arise from a direct discussion of it. For the reasons which had been urged by the gentleman from Virginia, (Mr.EPPES) who had first spoken, which he con

Mr. GREGG, agreeably to notice given yesterday, called for the order of the day, on a resolusidered very cogent; and as the subject of comtion offered by him on the 6th day of December, for the repeal of so much of an act of Congress regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee, as appropriates any portion thereof to the satisfaction of claims under certain acts of Georgia.

promise was progressing, and might be settled before the second Monday of March, he hoped the motion for an indefinite postponement would be withdrawn. and that for a postponement to the second Monday of March prevail.

Mr. JACKSON said if he viewed the subject in the same light with the gentleman who had just Mr. MERIWETHER moved a postponement till spoken, he would agree to wthdraw his motion. Monday. He could, however, never make principle bend to Mr. EPPES moved a postponement till the sec-expediency. Principle had heretofore governed ond Monday of March. He said every member his vote, and should still continue to govern it. knew his sentiments on this subject. He was in Even on the ground of expediency, he doubted favor of the proposition of the gentleman from the propriety of adopting the resolution. It was Pennsylvania. But while so many interesting known there was another subject, connected with subjects, in which the national welfare was direct-it. before the Legislature. If that should be dely involved, remained unacted upon, he did think cided in the negative, it might be proper to agree that everything calculated to disturb the harmony to this resolution. As there was a probability that of the House, ought to be withheld from consider that subject would come before the House, he did ation; that no unpleasant circumstances, or di-not wish to bring the subject twice before them vision of opinion on subordinate points, should in one session. Its discussion had heretofore exprevent the concurrence of men of all parties incited all the malignant passions of the human the adoption of measures called for by the inter-heart, and it was well calculated to disturb that esting crisis of our affairs. harmony which ought assiduously to be cherishMr. GREGG did not know on what ground gened when they were on the eve of entering on busitlemen inferred that this proposition was ralcu-ness of the deepest national interest. lated to cause more division among the members Mr. J. said he wished the subject could be avoidof this House than any other proposition which might be offered. It was a plain and simple question, whether it was not best, under all the circumstances of the case, to repeal the law making an appropriation for satisfying the claims under the act proposed to be repealed, that Congress might thus forever be done with the subject? Mr. G. said he had forborne calling up this resolution. for the reasons assigned by the gentleman from Virginia. Though he considered the sub ject important, and that it behooved the Legislature to decide upon it at an early day, he had thought it most advisable not to call it up till the great national business before the House was attended to. This last business had been, unexpectedly to him, delayed from time to time, and he thought it probable that the resolution under consideration could be acted upon before the House were prepared to act on the national business. He regretted that the subject of our differ

ed altogether. He was heartily sick of it, and wished to get rid of it forever. But he thought it most proper that the question of compromise should first be decided. If that were negatived, the course pointed out by the resolution of the gentleman from Pennsylvania might be necessary.

Mr. ALSTON hoped the motion for an indefinite postponement would prevail. He said that though his sentiments were not changed on this subject, and though they were the same now as they ever had been. he did believe the tranquillity of the nation depended much on the decision of this question, and the meeting it fairly and fully. He hoped this would take place this session; but with, his friend from Virginia, he hoped the subject would not now be taken up. He thought that the other question, relative to a compromise of claims, should be previously discussed. If the question of compromise could not be agreed to, he would agree to that course which would prevent the sub

FEBRUARY, 1806.

Witnesses in the case of Judge Chase.

ject from ever being agitated within these walls, by transferring it entirely to the judiciary tribunals of the country. He would rather make a voluntary return of the whole territory to Georgia than suffer the subject to remain in its present state. Should the compromise be not agreed to, he would, in proper time, lay a proposition to this effect before the House. He thought the interest of the nation required the getting rid of the subject in this way.

Mr. JACKSON withdrew his motion. He said his object could be effected by postponing the resolution from time to time, till the question of compromise should be first decided. He was indeed willing that both questions should be decided at the same time.

Mr. CLARK was really concerned his colleague had made this motion. The resolution of the gentleman from Pennsylvania had been before them two months, and not a single step taken respecting it, and now we are told we are not to act upon it, till a proposition, not even before us, shall be decided upon. Whatever may be before the other branch of the Legislature, we are not at liberty to argue upon it. What prospect, then, is there to get at this subject, when gentlemen say their object is to postpone it from time to time, till a proposition, in its embryo, shall be decided upon? If the subject were really considered as composed of such inflammable materials as some gentlemen think, the sooner it is decided the better. Mr. C. said he was ready to go at once into the discussion, and he thought, the hotter the battle, the earlier would be the peace that followed it. He was ready to repeal the law, which, in the opinion of some gentlemen, gave a sanction to claims founded in fraud and corruption.

Mr. GREGG said he had no objection to the postponement moved by the gentleman from Virginia, provided they could get at the business contemplated by him. But if this could not be done, he was rather for going into a consideration of the resolution. As to the proposition of compromise, he knew nothing of it. No proposition of this kind had been received, by the House, from the claimants. To postpone, therefore, this resolution for a business they knew nothing about, was very extraordinary. If he was satisfied they could get at this business within the time mentioned, he would be content to let it rest for the present. But as that was uncertain, he hoped the resolution would not prevail.

Mr. G. W. CAMPBELL hoped the motion to postpone would prevail. Business of much more importance claimed a prior attention. He conceived that the resolution, when investigated, would be found to contain a very curious principle which the House would not be likely to adopt. It went, not merely to decide on the rights of others, but, to strip them of the right of deciding upon those rights. He should be against deciding on the resolution until they had previously decided the question of compromise, as he did not think it necessary, before this decision was made, to deprive themselves of the power of allowing claims which might be brought before them. The post

H. of R.

ponement would leave an opening to Congress to act on these claims as they might see fit. For this reason, and in order that business of greater moment might be taken up in the first instance, he should be in favor of the postponement.

The question was then taken on the postponement, until the second Monday of March, and carried-yeas 73, nays 39.

PAYMENT OF WITNESSES.

The House resolved itself into a Committee of the Whole on the bill from the Senate, providing for the payment of the witnesses on the trial of Samuel Chase.

Mr. J. C. SMITH said, at the close of the last session, a bill providing for the payment of the witnesses on the part of the United States, had gone from the House to the Senate, and been disagreed to by them. The Senate on their part, had passed a bill providing for the payment of all the witnesses, to which the House had disagreed. A conference had taken place on the disagreeing votes of the Houses, and the bill had been lost from a want of concurrence. The consequence was, the witnesses still remained uncompensated; some of whom have sustained heavy expenses. Petitions received this session from several witnesses on the part of the prosecution, had been referred to the Committee of Claims, who had reported a bill, which was the same in substance with that adopted by the House the last session; the committee not considering themselves at liberty to depart from the principle then established by the House.

It was for the House to decide how long this unprofitable contest (for unprofitable it surely was to the witnesses) should be kept up. Mr. S. said he was not disposed to go into a consideration of the question, whether the expenses of an impeachment should in all cases be incurred by the Government. He would barely observe that the Senate had been unanimous; and if the House should adhere to the ground they had taken, no compensation would be allowed to the witnesses. He submitted it, whether, under these circumstances, it were proper to keep up such a conflict. It had so happened that many of the witnesses, summoned by the accused, had been used by the managers, and the process of summoning them had been similar on both sides. In the bill, there was an omission to provide for the expenses incurred by the managers. If no other gentleman proposed an amendment, he should think it his duty to offer one, providing for these expenses. He hoped the Committee would agree to the bill. Some gentlemen might think, by agreeing to it, they evinced an opinion of the guilt or innocence of the accused. But such a vote could not be viewed in this light. The House had exercised their Constitutional right by voting an impeachment, while the Senate had exercised the same right in acquitting the accused. The same bo ly who had acquitted, had sent down this bill, involving their opinion that the proposed compensation to witnesses was right. Indeed he considered the bill from the Senate as a taxation of costs by the court who sat on this occasion.

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