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The question on striking out was put and negatived-48 to 34.

Mr. S. SMITH then moved to strike out the whole of the proviso of the section. The motion was carried-45 to 31.

Mr. GALLATIN then moved to strike out the remainder of the section. He had voted against the motion of the gentleman from Virginia because The thought the proviso necessary; but as that had been struck out, he hoped the remainder would follow it.

On motion of Mr. GORDON, the committee rose and had leave to sit again.

FRIDAY, January 25.

ALIEN AND SEDITION LAWS.

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sanctioned by treaty, it is a treaty injurious to us; and the party having made it, must take their choice, whether they will abide by such stipulations, and lose our commerce, or give up their treaty, and accept of our trade.

Mr. S. believed, if practices of the kind he had mentioned were prevented, the others would also cease, as if the French were not allowed to refit their prizes, they would not carry them into those islands.

Mr. S. SMITH said, he meant to have risen for the purpose of proposing an amendment of the kind which the gentleman from Massachusetts had mentioned; and he trusted the gentleman from Pennsylvania would have the candor to withdraw his motion for the purpose of admitting this amendment, as he might afterwards move to Mr. HAVENS presented a memorial from the in-strike out the section, if he did not like it. That habitants of the county of Suffolk, &c., in the State of New York, expressing their alarm on account of the alien and sedition laws passed at the last session, which they consider as inconsistent both with the spirit and letter of the Constitution, and pray for a repeal thereof. Referred to a Com-it, he hoped his objection to the section on this mittee of the Whole House-43 votes to 27.

INTERCOURSE WITH FRANCE.

gentleman seemed to found his principal objection to this section on its possibly affecting New Orleans; but when he recollected that that port could never become a resort for privateers, as they could not, with any sort of convenience, get up to

account would be done away. This law would principally apply to the ports of the Havannah, which are easy of access, and which are conThe House then went into Committee of the stantly used as harbors for privateers which deWhole on the bill further to suspend our commer-stroy our commerce. Boats, said he, lie under cial intercourse with France, the motion of Mr. GALLATIN to strike out the remainder of the fifth section being under consideration.

the Moro Castle, and when our vessels pass by,
they row out and carry them in, and frequently
proceed to sell them without trial, since the issue
of a trial under the Government of Hedouville
was not quite so certain, as it was under Santho-
nax. Mr. S. said he had himself suffered in this
way, one of his vessels having been carried in
and sold without trial.

put and negatived-49 to 28.
The question for striking out the section was

Mr. SEWALL said, he had heard no reason given for the striking out of this section which had any weight upon his mind. It is no more than the exercise of a right which every commercial country possesses of regulating its commerce in such a manner as appears to be for their interest. It is an internal, and not an external regulation, which does not affect any other country, except incidentally. The countries alluded to have regulated their commerce in the most arbitrary manner with respect to us; when they choose to receive our flour and salt provisions, they say so, United States, if he shall judge it expedient and for the but this is only when it suits their convenience. interest of the United States, to issue a proclamation Nor is this ever considered by us as a cause of of- for suspending and prohibiting all commercial interfence; on the contrary, we have always consider-in the West Indies or elsewhere, to which ships or course between the United States and any port or place ed ourselves as bound to submit to them.

This he thought a sufficient argument against all that had been said as to this regulation being a cause of offence.

Mr. S. would, however, if he were not prevented by the present motion, move to exclude the ases of building, repairing or equipping of vesels in the ports described in this section. These, he thought, ought not to be considered as causes of ffence. Besides, in such cases, it would be found mpossible to execute the law, as it would be mpossible to ascertain for what purpose vesls are building. The law would, therefore, be onstantly evaded; but there is a case which ught to be considered as offensive to us, and hich ought to be prevented. He meant the reting of vessels captured by French privateers, Spanish and Dutch ports, which is not allowed the law of nations; and if such practices are 5th CoN.-89

being adopted, left the section to read as follows: Mr. SEWALL then moved an amendment, which

"That it shall be lawful for the President of the

vessels of the United States, captured by ships of war authority from the French Republic, shall be allowed to or privateers, sailing under the authority, or color of be sent or carried in, and to be there condemned or sold. And it shall also be lawful for the President of the United States to revoke any such proclamation whenever, in his opinion, the public interest may require the same."

On suggestion of Mr. EGGLESTON, Mr. SEWALL proposed the following amendment, to be introduced after the words "condemned or sold," in the above section, which was agreed to.

vent the departure of any vessel which shall not conform thereto, after notice has been given of the same at the office of the collectors of the several districts of the United States; and from and after the expiration of two months, or any longer time which shall be therein expressed, it shall be effectual to prevent the entry of

"And such proclamation shall be effectual to pre

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any vessel coming from any port or place with which the commercial intercourse shall be thereby prohibited." The bill having been gone through,

Mr. EGGLESTON renewed the motion which he yesterday moved, at a time when it could not be admitted, proposing that neutral vessels might be hired for the purpose of carrying our commerce. It was negatived, 21 votes only being for it.

On motion of Mr. S. SMITH, the limitation clause was amended, so as to confine the operation of this law to the 3d of March, 1800.

The committee then rose, and the House took up the amendments which had been agreed to. Mr. NICHOLAS renewed his motion to strike out the whole of the fifth section, and called the yeas and nays upon it.

Mr. S. SMITH complained of this motion, as placing members in an awkward situation. He was against the section as it originally stood, but in favor of it as amended.

Mr. GALLATIN said, there could be no kind of inconvenience in taking the question in this way. If the gentleman from Maryland is satisfied with the section as proposed to be amended, he will, of course, vote against the motion to strike it out. Mr. G. said he meant to vote in favor of striking out the section, because he did not approve of it as amended. In the first place, it is no breach of the law of nations to allow the sale of prizes within neutral ports. Gentlemen have said, we may limit our commercial intercourse as we please. This, he allowed, might be done, where treaties are not in the way; but in relation to Holland, we are bound by treaty to receive them upon the same terms with the most favored nation; we have therefore no right to interdict our commerce with that nation, except they commit some act either contrary to the stipulations of our treaty, or in breach of the law of nations. But, for permitting American vessels to be sold in their ports, we have not a right to break our treaty with them; and though the Spanish and Dutch islands in the West Indies, do receive or restrain our commerce at their will, they only act towards us as they act towards other nations. But this bill does not apply to the West Indies alone; it will apply to Amsterdam as well as Curacoa; and if any vessel of ours be sold as a prize at Amsterdam, the President will be authorized to interdict our commerce to Amsterdam. If, said Mr. G., we are to go to war with France, he saw no reason why we should break our treaty with Holland, because they do an act which is not a breach of the law of nations. Till the British Treaty, we had permitted British prizes to be sold in our ports, and we had, by the law of nations, a right to do it or not; and Holland has the same right with respect to French prizes. Mr. G. agreed it would be for our interest that our vessels should not be sold as prizes in the ports of Holland; but it cannot be allowable to say, because this is the case, we will break our treaty with that nation. No nation ever yet complained of a practice of this kind. If this bill had only relation to those Dutch and Spanish ports in the West Indies, which receive, or refuse to receive,

[JANUARY, 1799,

our commerce, at their pleasure, he would not have objected to it.

The port of New Orleans, Mr. G. said, would be included within the operation of this bill. That port is in a peculiar situation, as, by our treaty with Spain, it is in fact rendered an American port, to or from which we cannot be admitted or expelled at pleasure. The Spaniards have agreed to give it to us for a number of years; and if, at the end of that period they do not choose to continue to us that port, they engage to give us another, equally well suited for our purpose; and to give the President the power to suspend the inleans, would be much the same thing as to give tercourse of the Western country with New Orhim power to suspend the intercourse between Albany and New York; because New Orleans is to Pittsburg, what New York is to Albany.

Mr. G. would be glad if the operation of the bill could be confined to ports in the West Indies; because, since they only receive our vessels when they please, there would be some justice, and we have a right to do it, in making this regulation with respect to them. But he did not wish the provision to extend to Europe, since it is well known that the Governments of Spain and Holland are well disposed towards this country.

Mr. S. SMITH said it was perfectly absurd to suppose that New Orleans could ever be affected by this clause, since it never could become a place for the resort of privateers. Privateers, he said. might as well be carried up to Pittsburg, as New Orleans.

Mr. W. CLAIBORNE said, he did not believe that the gentleman from Maryland (Mr. SMITH) was accurately informed as to the situation of New Orleans. Mr. C. had no personal knowledge of that port, but a reputable character had told him, that it was accessible to privateers, and that several prizes had been brought there, during the last Summer, but he did not suppose, that the practice would be pursued.

Mr. C. said he was in favor of striking out the section. He saw no necessity for ceding to the President such general powers; on the contrary the cession appeared to him highly improper. It the clause was retained, the President might, by a single dash of his pen, destroy the commerce of the Western country; and this interest, Mr. C. said, he was too tenacious of to consent to transfer a power of this kind to any Executive. The river Mississippi was the only commercial road now opened to Tennessee and Kentucky, and through the dominions of Spain their exports were necessitated to pass. If the President then should forbid an intercourse with the Spanish ports on the Mississippi, the surplus produce of the Western farmers would remain on their hands, and the rising prosperity of the Western States greatly checked. Mr. C. said he might be told that from the great discernment, prudence, and patriotism of the President, an improper use of power need not be apprehended; but he was of opinion that a power improper to be exercised, ought not to be conceded; and surely no gentleman will contend that an intercourse with Spain should at this time

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be suspended. How far this clause may affect the commerce of the Atlantic States, he was not sufficiently informed on the subject to hazard an opinion. It appeared to him, however, that the American trade was already sufficiently shackled. Mr. C. could not approbate the practice of conceding so much to Executive discretion. Of the motives of the President he had no doubt. He believed them to be strictly virtuous. But the President, from the nature of things, must frequently act upon the information of others, which, in misdirecting his judgment, might injure the public in

terest.

If there are any neutral ports to which our commerce should be prohibited, let gentlemen name the places, and if their reasons for a suspension of our intercourse with such places were good, no doubt but their wish would be obtained. But Mr. C. was unwilling to throw all the responsibility upon this head, upon the President, where duties, cares, and responsibility, are already sufficiently various and great.

The yeas and nays were then taken, and the motion negatived-53 to 36, as follows:

YEAS-Abraham Baldwin, David Bard, Thos. Blount, Robert Brown, Samuel J. Cabell, Thomas Claiborne, William Charles Cole Claiborne, Matthew Clay, John Clopton, John Dawson, Joseph Eggleston, Lucas Elmendorf, William Findley, Albert Gallatin, James Gillespie, Andrew Gregg, John A. Hanna, Carter B Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Edward Livingston, Matthew Locke, Nathaniel Macon, Joseph McDowell, Anthony New, John Nicholas, Tompson J. Skinner, William Smith, Richard Sprigg, Abram Trigg, John Trigg, Joseph B. Varnum, Abraham Venable, and Robert Williams, NAYS-John Allen, George Baer, jr, Bailey Bartlett, Jonathan Brace, David Brooks, Stephen Bullock, Christopher G. Champlin, John Chapman, James Cochran, William Craik, John Dennis, George Dent, Wiliam Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glen, Chauncey Goodrich, William Gordon, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James H. Imlay, John Wilkes Kittera, Samuel Lyman, James Machir, William Matthews, Daniel Morgan, Lewis R. Morris, Harrison G. Otis, Isaac Parker, Josiah Parker, Thomas Pinckney, John Reed, John Rutledge, jr., James Schureman, Samuel Sewall, William Shepard, Thomas Sinnickson, Samuel Smith, Richard Dobbs Spaight, Peleg Sprague, George Thatcher, Richard Thomas, Mark Thomson, Thomas Tillinghast, Peleg Wadsworth, Robert Waln, and John Williams.

The question was then taken upon the amendments to the fifth section, on which Mr. S. SMITH called the yeas and nays. The question was carried-87 to 1, as follows:

YEAS-John Allen, George Baer, jr., Abraham Bald. win, David Baird, Bailey Bartlett, Thomas Blount, Jonathan Brace, David Brooks, Robert Brown, Stephen Bullock, Samuel J. Cabell, Christopher G. Champlin, John Chapman, Thomas Claiborne, William Charles Cole Claiborne, Matthew Clay, John Clopton, James Cochran, William Craik, John Dawson, William Ed. mond, Joseph Eggleston, Lucas Elmendorf, Thomas Evans, William Findley, Abiel Foster, Dwight Foster,

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Jonathan Freeman, Albert Gallatin, James Gillespie, Henry Glen, Chauncey Goodrich, William Gordon, Andrew Gregg, Roger Griswold, William Barry Grove, John A. Hanna, Robert Goodloe Harper, Carter B. Harrison, Thomas Hartley, Jonathan N. Havens, Joseph Heister, William Hindman, David Holmes, Hezekiah L. Hosmer, James H. Imlay, Walter Jones, John Wilkes Kittera, Edward Livingston, Matthew Locke, Samuel Lyman, James Machir, Nathaniel Macon, William Matthews, Joseph McDowell, Daniel Morgan, Lewis R. Morris, Anthony New, John Nicholas, Harrison G. tis, Isaac Parker, Josiah Parker, Thomas Pinckney, John Reed, John Rutledge, jr., James Schureman, Samuel Sewall, William Shepard, Thos. Sinnickson, Tomp. son J. Skinner, Samuel Smith, William Smith, Rich. ard Dobbs Spaight, Peleg Sprague, Richard Sprigg, George Thatcher, Richard Thomas, Mark Thomson, Thomas Tillinghast, Abram Trigg, John Trigg, Joseph B. Varnum, Abraham Venable, Peleg Wadsworth, Robert Waln, John Williams, and Robert Williams. NAY-George Dent.

The amendment reported from the Committee of the Whole House to the tenth section, to strike out the words "for and during the space of one year, and from thence until the end of the next session of Congress," and, in lieu thereof, insert, "until the third day of March, in the year one thousand eight hundred," was agreed to—yeas 57, nays 32, as follows:

YEAS-Abraham Baldwin, David Bard, Thos. Blount, Robert Brown, Samuel J. Cabell, John Chapman, Thomas Claiborne, William Charles Cole Claiborne, Matthew Clay, John Clopton, William Craik, John Dawson, John Dennis, George Dent, Joseph Eggleston, Lucas Elmendorf, William Findley, Jonathan Freeman, Albert Gallatin, James Gillespie, Andrew Gregg, William Barry Grove, John A. Hanna, Robert Goodloe Harper, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Hezekiah L. Hosmer, James H. Imlay, Walter Jones, Edward Livingston, Matthew Locke, James Machir, Nathaniel Macon, William Matthews, Joseph McDowell, Anthony New, John Nicholas, Isaac Parker, Josiah Parker, Thomas Pinckney, John Reed, Tompson J. Skinner, Samuel Smith, William Smith, Richard Dobbs Spaight, Richard Sprigg, Richard Thomas, Mark Thomson, Thomas Tillinghast, Abram Trigg, John Trigg, Joseph B. Varnum, Abraham Venable, Robert Waln, and Robert Williams.

NAYS-John Allen, George Baer, jr., Bailey Bartlett, Jonathan Brace, David Brooks, Stephen Bullock, Christopher G. Champlin, James Cochran, William Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Henry Glen, Chauncey Goodrich, William Gordon, Roger Griswold, Thomas Hartley, William Hindman, John R. Morris, Harrison G. Otis, John Rutledge, jr., James Wilkes Kittera, Samuel Lyman, Daniel Morgan, Lewis Schureman, Samuel Sewall, William Shepard, Thomas Sinnickson, Peleg Sprague, George Thatcher, Peleg Wadsworth, and John Williams.

Mr. W. CLAIBORNE moved a proviso to prevent this law operating to suspend the commerce of the Western country by the Mississippi. The yeas and nays were taken, and the motion was carried-55 to 34, as follows:

YEAS-John Allen, George Baer, jr., Abraham Baldwin, David Bard, Bailey Bartlett, Thomas Blount, Jonathan Brace, Robert Brown, Stephen Bullock, Samuel

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J. Cabell, John Chapman, Thomas Claiborne, William Charles Cole Claiborne, Matthew Clay, John Clopton, John Dawson, John Dennis, George Dent, Joseph Eggleston, Lucas Elmendorf, Thomas Evans, William Findley, Jonathan Freeman, Albert Gallatin, James Gillespie, Andrew Gregg, John A. Hanna, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Edward Livingston, Matthew Locke, James Machir, Nathaniel Macon, William Matthews, Joseph McDowell, Daniel Morgan, Anthony New, John Nicholas, Josiah Parker, Thomas Pinckney, John Reed, Tompson J. Skinner, Samuel Smith, William Smith, Richard Dobbs Spaight, Richard Sprigg, Mark Thomson, Thomas Tillinghast, John Trigg, Joseph B. Varnum, Abraham Venable, and Robert Williams.

NAYS-David Brooks, Christopher G. Champlin, James Cochran, William Craik, William Edmond, Abiel Foster, Dwight Foster, Henry Glen, Chauncey Goodrich, William Gordon, Roger Griswold, William B. Grove, Robert G. Harper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James H. Imlay, John W. Kittera, Samuel Lyman, Lewis R. Morris, Harrison G. Otis, Isaac Parker, John Rutledge, jr., James Schureman, Samuel Sewall, William Shepard, Thomas Sinnickson, Peleg Sprague, George Thatcher, Richard Thomas, John E. Van Alen, Peleg Wadsworth, Robert Waln, and John Williams.

Mr. S. SMITH said, in order to meet the wishes of the gentleman from Pennsylvania, he would move the following words, viz: "On the continent of America," so as to exclude the operation of this act from European ports.

The motion was negatived-45 to 41, and then the bill was ordered to be engrossed for a third reading.

MONDAY, January 28.

Mr. HARPER, from the Committee of Ways and Means, reported a bill making appropriations for the support of Government for the year 1799; which was twice read and committed."

INTERCOURSE WITH FRANCE.

The bill further suspending our commercial intercourse with France and her dependencies, and for other purposes, having been read the third time,

Mr. ALLEN moved for a recommitment of the bill, in order to have expunged a proviso introduced by the member from Tennessee, excluding the port of New Orleans from its operation. He stated his reason to be, that he did not believe that was likely to be a rendezvous for French privateers; but that, if it should be, it ought to be liable to the same restrictions with other ports; and, if it was not likely to become a harbor of privateers, to insert a proviso of this kind, was to show a distrust that the President would not exercise the power given to him for the interest of the United States.

This motion was seconded by Mr. Oris, and opposed by Messrs. VENABLE, NICHOLAS, S. SMITH, W. CLAIBORNE, and HARPER. It was negatived, the yeas and nays being taken-74 to 18.

The question on the passing of the bill was then taken, and stood, yeas 55, nays 37, as follows:

[JANUARY, 1799.

YEAS-John Allen, George Baer, jun., Bailey Bartlett, James A. Bayard, Jonathan Brace, David Brooks, Stephen Bullock, Christopher G. Champlin, John Chapman, James Cochran, William Craik, John Dennis, George Dent, William Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Nathaniel Freeman, jun., Henry Glen, Chauncey Goodrich, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James H. Imlay, John Wilkes Kittera, Samuel Lyman, James Machir, William Matthews, Daniel Morgan, Harrison G. Otis, Isaac Parker, Josiah Parker, Thomas Pinckney, John Reed, John Rutledge, jun., James Schureman, Samuel Sewall, William Shepard, Thomas Sinnickson, Samuel Smith, Richard Dobbs Spaight, Peleg Sprague, George Thatcher, Mark Thomson, Thomas Tillinghast, John E. Van Alen, Peleg Wadsworth, Robert Waln, John Williams, and Robert Williams.

NAYS-Abraham Baldwin, David Bard, Thos. Blount, Richard Brent, Robert Brown, Samuel J. Cabell, Thomas Claiborne, William C. C. Claiborne, Matthew Clay, John Clopton, Thomas T. Davis, John Dawson, Joseph Eggleston, Lucas Elmendorf, William Findley, Albert Gallatin, James Gillespie, Andrew Gregg, John A. Hanna, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Edward Livingston, Matthew Locke, Nathaniel Macon, Anthony New, John Nicholas, Tompson J. Skinner, William Smith, Richard Sprigg, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, and Abra

ham Venable.

INCREASE OF SALARIES.

Mr. S. SMITH then called up the resolution which he had laid upon the table some days ago, directing the Committee of Ways and Means to inquire into the expediency of augmenting the salaries of the officers in the Executive Department of the Government; and being agreed to be taken up, the question on the reference was taken by yeas and nays, and carried-53 to 33.

MARINE CORPS.

Mr. HARPER submitted the following resolution:

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Resolved, That the Navy Committee be instructed to inquire and report, by bill or otherwise, whether, according to the existing regulations of the Navy, any and what augmentations are necessary in the Marine Corps, as now established by law.”

Mr. H. said the Committee of Ways and Means had been informed that the Navy Establishment requires a greater number of marines than the present law provides; and, before they can be appropriated for, it will be necessary to pass a law making the augmentation.

The resolution was agreed to.

QUARANTINE LAWS.

On motion of Mr. S. SMITH, the House went into a Committee of the Whole, on the bill respecting quarantines and health laws, Mr. RUTLEDGE in the Chair.

The bill was read as follows:

SEC. 1. Be it enacted, &c., That the quarantines and other restraints which shall be required and established by the health laws of any State, or pursuant thereto, respecting any vessels arriving in, or bound to, any

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port or district thereof, whether from a foreign port or place, or from another district of the United States, shall be duly observed by the collectors, and all other officers of the revenue of the United States, appointed and employed for the several collection districts of such State respectively, and by the masters and crews of the several revenue cutters, and by the military officers who shall command in any fort or station upon the seacoast; and all such officers of the United States shall be, and they hereby are, authorized and required faithfully to aid in the execution of such quarantines and health laws, according to their respective powers and precincts, and as they shall be directed from time to time by the Secretary of the Treasury of the United States. And the said Secretary shall be, and he is hereby authorized, when a conformity to such quarantines and health laws shall require it, and in respect to vessels which shall be subject thereto, to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulations applicable to such reports or entries. Provided, That nothing herein shall enable any State to collect a duty of tonnage or impost, without the consent of the Congress of the United States thereto: And provided, That no part of the cargo of any vessel shall, in any case, be taken out, or unladen therefrom, otherwise than as by law is allowed, or according to the regulations hereinafter established.

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able warehouses, with wharves and enclosures, where goods and merchandise may be unladen and deposited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health laws of any State as aforesaid, at such convenient place or places therein, as the safety of the public revenue, and the observance of such health laws may require. Provided, That the sites of all such warehouses and wharves, with such other adjoining lands as may be necessary for the public uses hereby authorized, shall be ceded to the United States by the State wherein the same shall be.

SEC. 4. And be it further enacted, That when, by the prevalence of any contagious or epidemical disease, in or near the place by law established as the port of entry for any collection district, it shall become dangerous or inconvenient for the collector and the other officers of the revenue employed therein, to continue the discharge of their respective offices at such port, the Secretary, or, in his absence, the Comptroller of the Treasury of the United States, may direct and authorize the removal of the collector, and the other officers employed in his department, from such port, to any other more convenient place, within, or as near as may be to such collection district, where such collector and officers may exercise the same authorities, and shall be liable to the same duties, according to existing circumstances, as in such lawful port or district; and of such removal, public notice shall be given as soon as may be.

SEC. 2. And be it further enacted, That when, by the health laws of any State, or by the regulations Mr. LIVINGSTON moved to strike out the proviso which shall be made pursuant thereto, any vessel arriv- at the close of the third section, as it might, in ing within a collection district of such State, shall be his opinion, be productive of delay in some cases, prohibited from coming to the port of entry or delivery and of danger in others. Some of the State Leby law established for such district, and it shall be re- gislatures might not be in session before the evil quired or permitted by such health laws, that the cargo intended to be guarded against returns upon us, of such vessel shall or may be unladen at some other and it might interfere with the jurisdiction of place within or near to such district, the collector author- towns or cities, of which those sites form a part. ized therein, after due report to him of the whole of He knew that there were some gentlemen in the of such cargo, may grant his especial warrant or per- House who think no money ought to be expended mit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at by the United States for any public works until some other place where such health laws shall permit, cessions of the jurisdictions are made. This may and upon the conditions and restrictions which shall be be proper, said Mr. L., with respect to forts and directed by the Secretary of the Treasury, or which magazines, with which State jurisdiction might such collector may, for the time, reasonably judge expe- interfere; but this being merely a civil jurisdicdient for the security of the public revenue: Provided, tion, and so far from interfering with any State That in every such case, all the articles of the cargo so jurisdiction, is to co-operate with the State reguto be unladen, shall be deposited, at the risk of the par-lations, gentlemen may vote for striking out this ties concerned therein, in such public, or other ware- clause, without parting with their favorite dochouses or enclosures, as the collector shall designate, trine. there to remain under the joint custody of such collector, and of the owner or owners, or master, or other person having charge of such vessel, until the same shall be entirely unladen or discharged; and until the goods.wares, or merchandise, which shall be so deposited, may be safely removed, without contravening such health laws; and when such removal may be allowed, the collector having charge of such goods, wares, or merchandise, may grant permits to the respective owners or consignees, their factors or agents, to receive all goods, wares, or inerchandise, which shall be entered, and whereof the duties accruing shall be paid or secured, according to law, upon the payment by them of a reasonable rate of storage, which shall be fixed by the Secretary of the Treasury for all public warehouses

and enclosures.

SEC. 3. And be it further enacted, That there shall be purchased or erected, under the orders and with the approbation of the President of the United States, suit

Mr. DAYTON trusted the motion would not prevail.

It was negatived, there being only 23 votes in favor of it.

Mr. LIVINGSTON then moved to amend the bill

by striking out of the second line of the third which was certainly surplusage. Agreed to. section the words "and with the approbation,"

Mr. WALN said, if it was proper to cede the land upon which warehouses are built, he did not think it would be right to cede the sites of wharves to the United States. He should not think it right, for instance, to cede the jurisdiction of any wharves which might be built in the vicinity of this city to the United States. He, therefore, moved to strike out the words, "and wharves."

Mr. SEWALL hoped the gentlemen from Pennsylvania would not insist upon this motion. No

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