received.

petition would not be received.

Mr. DAYTON said that he could not decide upon the course which had been usual in the Senate upon such occasions, but he knew what was the practice in the other House, and he knew that that practice was Parliamentary, and hoped that it would be adopted on the present occasion. This was, that when anything was offered which was suspected to be improper, the member offering it should read the paper, standing in his place, for the information of the House, and then it should be decided whether it should be received and read from the Clerk's table. He was unwil ling to reject the petition without knowing more of it, and therefore hoped that this mode of proceeding would be adopted.

The VICE PRESIDENT stated that it was a rule of the Senate, that whenever a petition or memorial was presented, the member presenting it should state in his place the substance of the address. and that the Senate should then decide whether it should be received. This had been done by the gentleman from Pennsylvania, and the question would now be on receiving the petition.

Mr. CLINTON could see no necessity for this formality. He hoped the petition would be read, and the Senate would then be able to decide whether it contained anything improper.

Mr. JACKSON Wished it to be read. He was not afraid of anything contained in the petition. He knew it had been usual to receive the petitions of citizens, and to hear what they had to say. It was not long since the other House had to sit and hear a long memorial from one of the late officers of the Government, (Mr. McHenry,) abusing, in the most pointed terms, a number of the mem

SENATE.

Mr. WRIGHT thought it not in order to refer to anything which had taken place in the other House, but he knew that the memorial referred to was of a most abusive

[The VICE PRESIDENT interrupted him, by reminding him that he was quite correct when he remarked that it was not in order to refer to transactions which had taken place in the other House.]

Mr. MORRIS expressed his satisfaction at having an opportunity to express his sentiments upon the subject. He had not seen the petition, though he understood it had been published in the newspapers. But he would embrace the opportunity, as he had but a few days to remain in the Senate, and that in a minority, of cautioning gentlemen to beware of suffering improper and indecent representations to be made to them. He thought the

suggestion of the gentleman from New Jersey, (Mr. DAYTON) to be quite correct, and as the gentleman from Pennsylvania had intimated that the address was wanting in decorum he hoped that mode would be adopted. If the example were set of receiving papers without investigating their contents, the Senate would be exposed to be pelted by every person who can write. He concluded by begging gentlemen to take proper care, in season, to put a shield before their own dignity.

Mr. LOGAN said, if there had been anything in the paper insulting to the Senate, he should not have presented it. There were some expressions respecting the Government of the country, particularly the last Administration, which he thought not so respectful as they ought to be. They were, however, far less indecent than what appeared every day in the public prints against every department of the Government. If we do not respect ourselves so much as to prevent these things in our own citizens, he did not see how it could be expected that foreigners would respect us.

The VICE PRESIDENT said that he knew of but one course to be pursued in cases of the kind, and that was the course prescribed by the rule, which was, that the substance of the petition should be stated by the Senator presenting it. If this statement were not sufficiently full, he might be called upon to explain further.

Mr. DAYTON said, if he had not a right to call up the gentleman to read it in his place, he would withdraw his opposition, and take it upon the word of the gentleman who offered it, in whom he had the most implicit confidence. He had before understood that the petition was indecent. It was now stated to be merely not sufficiently respectful.

Mr. MORRIS said the subject now appeared with a very different aspect. He had no objection to the reading.

Mr. NICHOLAS knew that it was the custom in the other House, in cases like the present, for the member offering the petition to read it in his place. He wished it had been the custom in the Senate. By what had been said by the gentleman from Pennsylvania, there must be something in the memorial not altogether proper. When a

gentleman would rise in his place, and frankly state that he had a petition containing indecent expressions, he then divested himself of all responsibility. If the Senate receive the petition they receive it at their own risk. For this reason he was not willing that this petition should be received and read without knowing something more of the contents.

Mr. ANDERSON wished the gentleman would read that part which he deemed exceptionable. Mr. JACKSON said that would be receiving all the bad and rejecting the good.

Mr. WHITE wished that at least the exceptionable part might be explicitly stated, otherwise he could not determine in what manner to give his

vote.

Mr. HILLHOUSE thought that no person was bound to receive insulting communications. Either an individual, a family, or a Legislative body, has a right to refuse to receive a letter or message couched in indecent terms. He would be glad to know, if he could come at the information. how far the present petition was of that description. If the language was indecent, he would not receive it, let there be ever so much good in the memorial. There would be no hardship to the petitioners, as they could take it back and couch it in proper terms, and then it would be received. Mr. JACKSON did not know what right the gentleman last up had to assume to himself the whole care of the dignity of the Senate, He knew, that as Governor of Georgia, he had been obliged to submit to many insults. He had often received anonymous communications of an insulting kind, and supposed that other men in public stations had experienced the same. He believed it to be a custom daily practised upon, and no man could tell, till he read the communications, whether they were insulting or not. He was not afraid that any slander contained in the memorial would attach to the Senate. He believed it would wash itself off as fast as it could be poured on.

Mr. BALDWIN would rather see the petition in the hands of the gentleman who offered it before acting upon it. He, therefore, moved that the further consideration of the question be postponed until to-morrow, that the Senators might have an opportunity of judging for themselves.

Mr. COCKE. Mr. President, I am against the postponement, and for this reason, that I am willing to hear the petition, and after hearing it, we can then judge about treating of it as it deserves, and I am against closing our ears against any citizens who have a desire of addressing us.

The question was taken, and the further consideration of the question was postponed until

to-morrow.

THURSDAY, February 17.

The VICE PRESIDENT communicated the report of the Commissioners appointed in pursuance of the act, entitled "An act for an amicable

FEBRUARY, 1803.

ence to the provisions of the act, supplemental to the last mentioned act, on the claims made by settlers, and other persons, to lands within the territory situate west of the river Chatahoochee, and south of the cession made to the United States by South Carolina; and the report was read. Ordered, That it lie for consideration.

The bill, entitled, "An act to make provision for persons that have been disabled by known wounds, received in the actual service of the United States, during the Revolutionary war," was read the second time, and referred to Messrs. BRADLEY, DAYTON, and SUMTER, to consider and report thereon.

The bill, entitled "An act in addition to an act, entitled 'An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," was read the second time, and referred to Messrs. JACKSON, SUMTER and BRADLEY, to consider and report thereon.

The Senate resumed the third reading of the bill to revive an act entitled "An act for establishing trading-houses with the Indian tribes;" and having further amended the bill,

Resolved, That it pass, that it be engrossed, and that the title thereof be "An act to revive an act entitled 'An act for establishing trading-houses with the Indian tribes."

The bill entitled "An act in addition to the act, entitled 'An act fixing the Military Peace Establishment of the United States, was read the third time.

Resolved, That this bill pass with amendments. The bill entitled "An act supplementary to the 'Act concerning Consuls and Vice Consuls, and for the further protection of American seamen," was read the third time.

4

Resolved, That this bill pass with amendments. Mr. CLINTON, from the committee to whom was referred, on the 14th instant, the bill entitled "An act to provide an additional armament for the protection of the seamen and commerce of the United States," reported amendments; which being amended, were adopted.

Ordered, That this bill pass to the third reading. as amended.

Mr. BRECKENRIDGE notified the Senate, that he should, to-morrow, ask leave to bring in a bill to amend the act, entitled "An act concerning the District of Columbia;" and also, the act supplementary thereto, entitled "An act concerning the District of Columbia."

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act in addition to the act, entitled 'An act concerning the registering and recording of ships and vessels of the United States,' and to the act, entitled "An act to regulate the collection of duties on imports and tonnage;" a bill, entitled "An act to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited;" and a

FEBRUARY, 1803.

SENATE.

FRIDAY, February 18.

Mr. TRACY, from the committee to whom was referred, on the 14th instant, the bill entitled "An act for the relief of Moses White," reported it without amendment.

Ordered, That the consideration thereof be postponed until Monday next.

The bill, entitled "An act for the relief of Samuel Corp," was read the second time, and referred to Messrs. WRIGHT, TRACY, and BRADLEY, to consider and report thereon.

The bill, entitled "An act to prevent the importation of certain persons into certain States, where by the laws thereof, their admission is prohibited," was read the second time, and referred to Messrs. STONE, JACKSON, and SUMTER, to consider and report thereon.

The bill, entitled "An act concerning the registering and recording of ships and vesssels of the United States," and to the act entitled 'An act to regulate the collection of duties on imports and tonnage, was read the second time, and referred to Messrs. ELLERY, CLINTON, and J. MASON, to consider and report thereon.

On motion, it was agreed, that the order of the day on the bill, entitled "An act for incorporating an insurance company in the City of Washing ton." be postponed until Wednesday next.

The bill, entitled "An act to provide an additional armament for the protection of the seamen and commerce of the United States," was read the third time.

Resolved, That this bill pass with amendments. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for continuing in force a law, entitled 'An act for establishing tradinghouses with the Indian tribes;" in which they desire the concurrence of the Senate.

The bill was read and ordered to the second reading.

MONDAY, February 21.

The VICE PRESIDENT communicated the credentials of THEODORUS BAILEY, appointed a Senator by the State of New York, to take his seat after the third day of March next; which were read, and ordered to lie on file.

Mr. STONE. from the committee to whom was referred, on the 18th instant, the bill, entitled "An act to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited," reported the bill without amendment.

Ordered, That the committee appointed the 28th of January last, on the petition of Christian Vangundy, be discharged.

Ordered, That the committee to whom was referred on the 27th of December last, the petition of the inhabitants of the Mississippi Territory holding lands under Spanish grants and occu

treaty between the United States and Spain, be discharged.

Ordered, That the committee to whom was referred, on the 2d instant, the petition of Stephen Sayre, be discharged.

Mr. BRECKENRIDGE, from the committee appointed on the 8th instant on that subject, reported a bill to amend the acts providing for the sale of the lands of the United States in the Territory Northwest of the river Ohio and above the mouth of Kentucky river, which was read, and ordered to the second reading.

Mr. BRECKENRIDGE, from the committee to whom was referred, on the 7th instant, the petition of Robert Ross and others, inhabitants of the county of Fairfield, in the State of Ohio, purchasers of certain lands of the United States, praying remission of the interest on the purchase-money, reported that, in the opinion of the committee, the prayer of the petition ought not to be granted; and the report was adopted.

The bill, entitled "An act for continuing in force a law, entitled 'An act for establishing trading-houses with the Indian tribes," was read the second time.

On motion, it was agreed that sundry resolutions on the right of the United States to the free navigation of the Mississippi (the order of this day) should be postponed until Wednesday next.*

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriation for the support of the Navy of the United States for the year one thousand eight hundred and three;" and a bill, entitled "An act concerning the insurance of buildings, goods, and furniture, in the county of Alexandria, in the Territory of Columbia;" in which bills they desire the concurrence of the Senate.

The two bills were read, and ordered to the second reading.

Agreeably to notice given on the 17th instant, Mr. BRECKENRIDGE had leave to bring in a bill to amend the act, entitled "An act concerning the District of Columbia;" and also the act supplementary thereto, entitled "An act concerning the District of Columbia;" which was read, and ordered to the second reading.

In Executive session, Mr. BRADLEY, from the committee to whom was referred, on the 16th instant, the confidential bills sent up from the House. of Representatives, reported that they severally pass without amendment.

The bill, entitled "An act making further provision for the expenses attending the intercourse between the United States and foreign nations,"

was resumed.

On motion to amend the bill, and to strike out the words, "of defraying any extraordinary ex

* The postponement took place in consequence of the indisposition of Mr. S. T. Mason, of Virginia. The preceding part of the debate is from the Washington Federalist. Mr. Ross's speech was furnished by himself.-Editor,

SENATE.

tories, to the United States, as may be stipulated by the President of the United States, by treaty with foreign nations claiming the jurisdiction and sovereignty thereof," it passed in the negativeyeas 11, nays 15, as follows:

YEAS-Messrs. Dayton, D. Foster, Hillhouse, Howard, J. Mason, Morris, Olcott, Plumer, Ross, Wells, and

White.

NAYS-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Clinton, Cocke, Ellery, T. Foster, Jackson, Logan, S. T. Mason, Nicholas, Stone, Sumter, and Wright.

On the question, Shall this bill pass to the third reading? it was determined in the affirmativeyeas 14, nays 11, as follows:

YEAS-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Clinton, Cocke, Ellery, T. Foster, Jackson, Logan, S. T. Mason, Nicholas, Sumter, and Wright.

NAYS-Messrs. Dayton, D. Foster, Hillhouse, Howard, J. Mason, Morris, Olcott, Plumer, Ross, Wells, and White.

Ordered, That the confidential bill, entitled "An act for extending the external commerce of the United States," pass to the third reading.

TUESDAY, February 22.

Mr. T. FOSTER, from the committee to whom was referred, on the 15th instant, the bill to alter the time for holding the court of the United States for the Kentucky district, reported an amendment; which was read and adopted.

Ordered, That this bill pass to the third reading as amended.

The bill, entitled "An act making an appropriation for the support of the Navy of the United States for the year one thousand eight hundred and three," was read the second time, and referred to Messrs. BALDWIN, STONE, and WRIGHT, to consider and report thereon.

The bill, entitled " An act concerning the insurance of buildings, goods, and furniture, in the county of Alexandria, in the Territory of Columbia," was read the second time.

The bill to amend the act providing for the sale of the lands of the United States in the Territory Northwest of the Ohio, and above the mouth of Kentucky river, was read the second time.

The Senate resumed the second reading of the bill, entitled "An act to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited."

Ordered. That it pass to the third reading. The Senate resumed the second reading of the bill, entitled "An act for continuing in force a law, entitled 'An act for establishing tradinghouses with the Indian tribes."

Ordered, That it pass to the third reading. Mr. WRIGHT notified the Senate that he would, to-morrow, move for leave to bring in a bill to alter the time for the next meeting of Congress.

A message from the House of Representatives

act in addition to, and in modification of, the propositions contained in the act, entitled 'An act to enable the people of the eastern division of the Territory Northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States;" in which bills they desire the concurrence of the Senate.

The said bills were read, and ordered to the second reading.

The bill to amend the act, entitled "An act concerning the District of Columbia," and also the act supplementary thereto, entitled "An act concerning the District of Columbia," was read the second time.

In Executive session, the bill, entitled "An act making further provision for the expenses attending the intercourse between the United States and foreign nations," was read the third time.

On the question, Shall this bill pass? it was determined in the affirmative-yeas 14, nays 12, as follows:

YEAS-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Clinton, Cocke, Ellery, T. Foster, Jackson, Logan, S. T. Mason, Nicholas, Sumter, and Wright.

NAYS-Messrs. Dayton, D. Foster, Hillhouse, Howard, J. Mason, Morris, Olcott, Plumer, Ross, Stone, Wells, and White.

So it was Resolved, That this bill pass.

The bill, entitled "An act for extending the external commerce of the United States," was read the third time and passed.

Ordered, That Mr. WRIGHT be a committee to carry to the House of Representatives the following message:

Gentlemen of the House of Representatives :

We return you the bill which passed your House, entitled "An act making further provision for the expenses attending the intercourse between the United States and fore foreign nations;" and the bill, entitled "An act for extending the external commerce of the United States;" both of which the Senate have passed without amendment.

WEDNESDAY, February 23.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to revive and continue in force an act in addition to an act, entitled 'An act in addition to 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, and for other purposes," in which they desire the concurrence of the Senate.

A Message was also received from the President of the United States, by Mr. LEWIS his Secretary.

Mr. JACKSON, from the committee to whom was referred, on the 17th instant, the bill, entitled "An act in addition to an act, entitled 'An act more

effectually to provide for the national defence, by establishing an uniform Militia throughout the United States," reported it without amendment.

Mr. T. FOSTER, from the committee to whom was referred, on the 16th instant, the bill, entitled "An act supplementary to the act, entitled 'An act providing passports for the ships and vessels of the United States," reported the same without amendment.

The bill, entitled "An act making appropriations for the support of Government for the year one thousand eight hundred and three," was read the second time, and referred to Messrs. ANDERSON, BALDWIN, and ELLERY, to consider and report thereon.

The bill, entitled "An act in addition to, and in modification of, the propositions contained in the act, entitled 'An act to enable the people of the Eastern division of the Territory Northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States,' and for other purposes," was read the second time, and referred to Messrs. BRECKENRIDGE, STONE, and BALDWIN, to consider and report thereon.

Agreeably to notice, yesterday given, Mr. WRIGHT had leave to bring in a bill to alter the time for the next meeting of Congress; which was read, and ordered to the second reading.

MISSISSIPPI QUESTION.

Agreeably to the order of the day, the Senate took into consideration the resolutions submitted on the 16th instant, respecting the indisputable right of the United States to the free navigation of the river Mississippi. Whereupon,

The VICE PRESIDENT rose, and stated that he conceived it to be his duty to point out to the Senate a contradiction which appeared in their rules. The Standing Rules of the House declare that, during the debate, "the doors shall be open;" by the 28th rule of the House it is declared that, "on motion made and seconded, the gallery shall be cleared, and the doors remain shut during the dis

cussion." Between these two rules there was an

embarrassing contradiction. He did not see the propriety of leaving it in the power of any two members to shut the doors, but as it lay in the discretion of the House to regulate its own proceedings, he would submit it to the House in the form of a specific proposition; and he hoped the House would decide upon it without debate. The following is the proposition:

"If during the debate, or any other time, a motion be made and seconded to shut the doors, should the galleries forthwith be cleared, and the doors shut without debate or question ?"

Mr. COCKE said, if he understood the President right, he expected the Senate to decide upon this proposition without debate.

The Vice PRESIDENT replied in the affirmative. Mr. COCKE said that he would not submit to give his vote, without the expression of his opinion, if he thought it proper, as well as the Vice

President.

SENATE.

Mr. NICHOLAS.-The officer, whoever he may be, that is appointed to expound the laws of that House, ought not, he has no right to go into a discussion of the propriety or impropriety of any rules laid down in the Senate-it was not orderly to do so. There can be no question on a rule at this time or in this form, and it amounts to a questioning of a right established, whether any member has, or has not a right to do as is enjoined by the rules. It cannot be denied that any member, on motion made and seconded, may have the galleries cleared and the doors shut, if he thinks the occasion calls for it.

Mr. DAYTON.-Does the gentleman from Virginia mean to say that, that or any other rule can give a member the right of seating me in the midst of a discussion? If I act disorderly, the President has a right to call me to order, and he must decide whether I am in order or not. There is nothing in your rules which gives a member a right to seize upon the floor.

Mr. TRACY was of opinion, that the 28th rule carried the meaning which it expressed; it was clear, that if he had a question to propose which required closed doors, he had a right to call for the doors being shut; but certainly the rule never contemplated that in so doing the floor should be seized upon in the midst of a speech or a debate. By the 16th rule, when a member is called to order, he is obliged to sit down. According to parliamentary proceeding, no one can take possession of the floor to the interruption of another, no one can stop another while he is speaking. If disorderly, the President will call him to order, but if called by a member, the President must decide, and if in order, rder, he must possess the floor. If any other course were pursued, the House would be constantly exposed to interruption by the petulance of any two of its members.

Mr. BALDWIN.-Gentlemen appear to mistake the principle of the rules in question, and the course of proceeding generally appears not to be kept perfectly in sight. Certainly the House subject to interruption by other causes than points of order; an incident occurs almost every day, in which members are obliged to be seated in the midst of debate, such as messages from the Executive, or from the other House. He had always entertained a very different opinion from that expressed by some gentlemen of the 28th rule. It was true it had the aspect of placing the House at the power of an individual. But if gentlemen would recur to the mode of proceeding which existed before, they would find that this was not an improper rule. For some time the proceedings of the Senate were altogether with closed doors, but this was not approved by the public, it was not wholesome, and after mature deliberation, it was determined that the doors should be opened sub modo, but that when there should appear to be reasonable occasion for shutting the doors, that it should be effected in the mode pointed out by the 28th rule. For it was considered that the mover and seconder of the motion, being of that body, would be sufficient pledges for a reasonable motive, and the Senate would afterwards have it