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JANUARY, 1799.)
Intercourse with France.

[H. OF R. The question on striking out was put and ne- sanctioned by treaty, it is a treaty injurious to us; gatived—48 to 34.

and the party having made it, must take their Mr. S. Smith then moved to strike out the choice, whether they will abide by such stipulawhole of the proviso of the section. The motion tions, and lose our commerce, or give up their was carried-45 to 31.

treaty, and accept of our trade. Mr. Gallatin then moved to strike out the re- Mr. S. believed, if practices of the kind he had mainder of the section. He had voted against the mentioned were prevented, the others would also motion of the gentleman from Virginia because cease, as if the French were not allowed to refit he thought the proviso necessary; but as that had their prizes, they would not carry them into those been struck oui, he hoped the remainder would islands. follow it.

Mr. S. Smith said, he meant to have risen for On motion of Mr. Gordon, the committee rose the purpose of proposing an amendment of the and had leave to sit again.

kind which the gentleman froin Massachusetts

had mentioned ; and he trusted the gentleman FRIDAY, January 25.

from Pennsylvania would have the candor to

withdraw bis motion for the purpose of admitting ALIEN AND SEDITION LAWS. 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 gentleman seemed to found his principal objecState of New York, expressing their alarm on ac- tion to this section on its possibly affecting New count of the alien and sedition laws passed at the Orleans ; but when he recollected that that port last session, which they consider as inconsistent could never become a resort for privateers, as they both with the spirit and letter of the Constitution, could not, with any sort of convenience, get up to 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.

account would be done away. This law would INTERCOURSE WITH FRANCE.

principally apply to the ports of the Havannah,

which are easy of access, and which are conThe House then went into Committee of the stanıly 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. the Moro Castle, and when our vessels pass by, Gallatin to strike out the remainder of the fifth they row out and carry them in, and frequently section being under consideration.

proceed to sell them without trial, since the issue Mr. SEWALL said, he had heard no reason given of a trial under the Government of Hedouville for the striking out of this section which had any was not quite so certain, as it was under Santhoweight upon his mind. It is no more than the nax. Mr. S. said he had himself suffered in this exercise of a right which every commercial coun- way, one of his vessels having been carried in try possesses of regulating its commerce in such a and sold without trial. manner as appears to be for their interest. It is

The question for striking out the section was an internal, and not an external regulation, which does not affect any other country, except inci

put and negatived-49 to 28. dentally. The countries alluded to have regu- being adopted, left the section to read as follows:

Mr. Sewall then moved an amendment, which lated their commerce in the most arbitrary manner with respect to us; when they choose to re

“That it shall be lawful for the President of the ceive 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 course between the United States and any port or place ed ourselves as bound to submit to them.

in the West Indies or elsewhere, to which ships or This he thought a sufficient argument against

vessels of the United States, captured by ships of war all that had been said as to this regulation being a authority from the French Republic, shall be allowed to

or privateers, sailing under the authority, or color of cause of offence.

be sent or carried in, and to be there condemned or Mr. S. would, however, if he were not prevent- sold. And it shall also be lawful for the President of ed by the present motion, move to exclude the the United States to revoke any such proclamation cases of building, repairing or equipping of ves- whenever, in his opinion, the public interest may resels in the ports described in this section. These, quire the same.' he thought, ought not to be considered as causes of

On suggestion of Mr. EGGLESTON, Mr. Sewall offence. Besides, in such cases, it would be found proposed the following amendment, to be introimpossible to execute the law, as it would be duced after the words “ condemned or sold,” in impossible to ascertain for what purpose ves- the above section, which was agreed to. sels are building. The law would, therefore, be constantly evaded; but there is a case which vent the departure of any vessel which shall not con

“ And such proclamation shall be effectual to preought to be considered as offensive to us, and form thereto, after notice has been given of the same at which ought to be prevented. He meant the re- the office of the collectors of the several districts of the fitting of vessels captured by French privateers, United States; and from and after the expiration of in Spanish and Dutch ports, which is not allowed two months, or any longer time which shall be therein by the law of nations; and if such practices are expressed, it shall be effectual to prevent the entry of

5th Con.-89

H. OF R.]

Intercourse with France.

[January, 1799

any vessel coming from any port or place with which our commerce, at their pleasure, he would not the commercial intercourse shall be thereby prohibited.” have objected to it. The bill having been gone through,

The port of New Orleans, Mr. G. said, would Mr. EGGLESTON renewed the motion which he be included within the operation of this bill. That yesterday moved, at a time when it could not be port is in a peculiar situation, as, by our treaty admitted, proposing that neutral vessels might be with Spain, it is in fact rendered an American hired for the purpose of carrying our commerce. port, to or from which we cannot be admitted or It was negatived, 21 votes only being for it.

expelled at pleasure. The Spaniards have agreed On motion of Mr. S. Smith, the limitation to give it to us for a number of years; and if, at clause was amended, so as to confine the operation the end of that period they do not choose to conof this law to the 3d of March, 1800.

tinue to us that port, they engage to give us anoth The committee then rose, and the House took er, equally well suited for our purpose ; and to up the amendments which had been agreed to.

give the President the power to suspend the inMr. Nicholas renewed his motion to strike out leans, would be much the same thing as to give

tercourse of the Western country with New Orthe whole of the fifth section, and called the yeashim power to suspend the intercourse between and nays upon it.

Albany and New York; because New Orleans is Mr. S. Smith complained of this motion, as to Pittsburg, what New York is to Albany. placing members in an awkward situation. He

Mr. G. would be glad if the operation of the was against the section as it originally stood, but bill could be confined to ports in the West Indies ; in favor of it as amended.

because, since they only receive our vessels when Mr. Gallatin said, there could be no kind of they please, there would be some justice, and we inconvenience in taking the question in this way. have a right to do it, in making this regulation If the gentleman from Maryland is satisfied with with respect to them. But he did not wish the the section as proposed to be amended, he will, of provision to extend to Europe, since it is well course, vote against the motion to strike it out. known that the Governments of Spain and HolMr. G. said he meant to vote in favor of striking land are well disposed towards this country. out the section, because he did not approve of it Mr. S. SMITH said it was perfectly absurd to as amended. In the first place, it is no breach of suppose that New Orleans could ever be affected the law of nations to allow the sale of prizes with by this clause, since it never could become a place in neutral ports. Gentlemen have said, we may for the resort of privateers. Privateers, he said, limitourcommercialintercourse as we please. This, might as well be carried up to Pittsburg, as New he allowed, might be done, where treaties are not in Orleans. the way ; but in relation to Holland, we are bound Mr. W. ClaiboRNE said, he did not believe by treaty to receive them upon the same terms that the gentleman from Maryland (Mr. SMITH) with the most favored nation ; we have therefore was accurately informed as to the situation of no right to interdict our commerce with that na- New Orleans. 'Mr. C. had no personal knowl. tion, except they commit some act either contrary edge of that port, but a reputable character had to the stipulations of our treaty, or in breach of told him, that it was accessible to privateers, and the law of nations. But, for permitting American that several prizes had been brought there, during vessels to be sold in their ports , we have not a the last Summer

, but he did not suppose, that the right to break our treaty with them; and though practice would be pursued. the Spanish and Dutch islands in the West In- Mr. C. said he was in favor of striking out the dies, do receive or restrain our commerce at their section. He saw no necessity for ceding to the will

, they only act towards us as they act towards President such general powers; on the contrary, other nations. But this bill does not apply to the the cession appeared to him highly improper. It West Indies alone; it will apply to Amsterdam the clause was retained, the President might, by a as well as Curacoa ; and if any vessel of ours be single dash of his pen, destroy the commerce of sold as a prize at Amsterdam, the President will the Western couniry, and this interest, Mr. C. be authorized to interdict our commerce to Am- said, he was too tenacious of to consent to trans. sterdam. If, said Mr. G., we are to go to war with ter a power of this kind to any Executive. The France, he saw no reason why we should break river Mississippi was the only commercial road our treaty with Holland, because they do an act now opened to Tennessee and Kentucky, and which is not a breach of the law of nations. Till through the dominions of Spain their exports were the British Treaty, we had permitted British prizes necessitated to pass. If the President then should to be sold in our ports, and we had, by the law of forbid an intercourse with the Spanish ports on nations, a right to do it or not; and Holland has the Mississippi, the surplus produce of toe Westthe same right with respect to French prizes. ern farmers would remain on their hands, and the Mr. G. agreed it would be for our interest that our rising prosperity of the Western States greatly vessels should not be sold as prizes in the ports of checked. Mr. Č. said he might be told that from Holland; but it cannot be allowable to say, be the great discernment, prudence, and patriotism of cause this is the case, we will break our treaty the President, an improper use of power need not with that nation. No nation ever yet complained be apprehended ; but he was of opinion that of a practice of this kind. If this bill had only power improper to be exercised, ought not to be relation to those Dutch and Spanish ports in the conceded ; and surely no gentleman will contend West Indies, which receive, or refuse to receive, that an intercourse with Spain should at this tiine

JANUARY, 1799.]

Intercourse with France.

[H. of R.

terest.

be suspended. How far this clause may affect the Jonathan Freeman, Albert Gallatin, James Gillespie, commerce of the Atlantic States, he was not suffi- Henry Glen, Chauncey Goodrich, William Gordon, ciently informed on the subject to hazard an opin- Andrew Gregg, Roger Griswold, William Barry Grove, ion. It appeared to him, however, that the Aine- John A. Hanna, Robert Goodloe Harper, Carter B. Harrican trade was already sufficiently shackled. Mr. rison, Thomas Hartley, Jonathan N. Havens, Joseph C. could not approbate the practice of conceding Heister, William Hindman, David Holmes, Hezekiah so mueh to Executive discretion. Of the motives L. Hosmer, James H. Imlay, Walter Jones, John Wilkes of the President he had no doubt. He believed Kittera, Edward Livingston, Matthew Locke, Samuel them to be strictly virtuous. But the President, Lyman, James Machir, Nathaniel Macon, William Matfrom the nature of things, must frequently act thews, Joseph McDowell, Daniel Morgan, Lewis R. upon the information of others, which, in misdi- Morris, Anthony New, John Nicholas, Harrison G. recting his judgment, might injure the public in- John Reed, John Rutledge, jr., James Schureman, Sam

Otis, Isaac Parker, Josiah Parker, Thomas Pinckney, If there are any neutral ports to which our com

uel Sewall, William Shepard, Thos. Sinnickson, Tomp. merce should be prohibited, let gentlemen name ard Dobbs Spaight, Peleg Sprague, Richard Sprigg,

son J. Skinner, Samuel Smith, William Smith, Rich. the places, and if their reasons for a suspension of George Thatcher, Richard Thomas, Mark Thomson, our intercourse with such places were good, no Thomas Tillinghast, Abram Trigg, John Trigg, Joseph doubt but their wish would be obtained. But Mr. B. Varnum, Abraham Venable, Peleg Wadsworth, RoC. was unwilling to throw all the responsibility bert Waln, John Williams, and Robert Williams. upoa this head, upon the President, where duties, Nar-George Dent. cares

, and responsibility, are already sufficiently various and great.

The amendment reported from the Committee The yeas and nays were then taken, and the of the Whole House to the tenth section, to strike notion negatived—53 to 36, as follows:

out the words " for and during the space of one Yxis—Abraham Baldwin, David Bard, Thos. Blount, session of Congress." and, in lieu thereof, insert,

year, and from thence until the end of the next Robert Brown, Samuel J. Cabell, Thomas Claiborne, "until the third day of March, in the year one Wiham Charles Cole Claiborne, Matthew Clay, John thousand eight hundred," was agreed to-yeas 57, Clapton, John Dawson, Joseph Eggleston, Lucas El. mendorf

, William Findley, Albert Gallatin, James Gil nays 32, as follows: lespie, Andrew Gregg, John A. Hanna, Carter B Harri

YEAS—Abraham Baldwin, David Bard, Thos. Blount, sən, Jonathan N. Havens, Joseph Heister, David Holmes, Robert Brown, Samuel J. Cabell, John Chapman, ThoWalter Jones, Edward Livingston, Matthew Locke, mas Claiborne, William Charles Cole Claiborne, MatNathaniel Macon, Joseph McDowell, Anthony New, thew Clay, John Clopton, William Craik, John Dawson, John Nicholas, Tompson J. Skinner, William Smith, John Dennis, George Dent, Joseph Eggleston, Lucas Richard Sprigg, Abram Trigg, John Trigg. Joseph B. Elmendorf, William Findley, Jonathan Freeman, AlVamum, Abraham Venable, and Robert Williams,

bert Gallatin, James Gillespie, Andrew Gregg, William Nurs-John Allen, George Baer, jr, Bailey Bart- Barry Grove, John A. Hanna, Robert Goodloe Harper, lett

, Jonathan Brace, David Brooks, Stephen Bullock, Carter B. Harrison, Jonathan N. Havens, Joseph Heis. Christopher G. Champlin, John Chapman, James Coch- ter, David Holmes, Hezekiah L. Hosmer, James H. nan, William Craik, John Dennis, George Dent, Wil- Imlay, Walter Jones, Edward Livingston, Matthew iam Edmond, Thomas Evans, Abiel Foster, Dwight Locke, James Machir, Nathaniel Macon, William MatFoster

, Jonathan Freeman, Henry Glen, Chauncey thews, Joseph McDowell, Anthony New, John NichoGoodrich, William Gordon, Roger Griswold, William las, Isaac Parker, Josiah Parker, Thomas Pinckney, Barry Grove, Robert Goodloe Harper, Thomas Hart- John Reed, Tompson J. Skinner, Samuel Smith, Willey, William Hindman, Hezekiah L. Hosmer, James liam Smith, Richard Dobbs Spaight, Richard Sprigg, H. Imlay, John Wilkes Kittera, Samuel Lyman, James Richard Thomas, Mark Thomson, Thomas Tillinghast, Machir, William Matthews, Daniel Morgan, Lewis R. Abram Trigg, John Trigg, Joseph B. Varnum, AbraMorris

, Harrison G. Otis, Ísaac Parker, Josiah Parker, ham Venable, Robert Waln, and Robert Williams. Thomas Pinckney, John Reed, John Rutledge, jr.,

NAIS-John Allen, George Baer, jr., Bailey Bartlett, James Schureman, Samuel Sewall, William Shepard, Jonathan Brace, David Brooks, Stephen Bullock, ChrisThomas Sinnickson, Samuel Smith, Richard Dobbs topher G. Champlin, James Cochran, William Ed. Spaight

, Peleg Sprague, George Thatcher, Richard Tho- mond, Thomas Evans, Abiel Foster, Dwight Foster, mas, Mark Thomson, Thomas Tillinghast, Peleg Wads- Henry Glen, Chauncey Goodrich, William Gordon, Ro. worth, Robert Waln, and John Williams.

ger Griswold, Thomas Hartley, William Hindman, John The question was then taken upon the amend. R. Morris, Harrison G. Otis, John Rutledge, jr., James

Wilkes Kittera, Samuel Lyman, Daniel Morgan, Lewis menis to the fifth section, on which Mr. S. Smith Schureman, Samuel Sewall, William Shepard, Thomas called the yeas and nays. The question was car- Sinnickson, Peleg Sprague, George Thatcher, Peleg ried—87 to 1, as follows:

Wadsworth, and John Williams. 5:15--John Allen, George Baer, jr., Abraham Bald. win, David Baird, Bailey Bartlett, Thomas Blount, Jon

Mr. W. ClaiBORNE moved a proviso to prevent athan Brace, David Brooks, Robert Brown, Stephen this law operating to suspend the commerce of the Bullock, Samuel J. Cabell, Christopher G. Champlin, Western country by the Mississippi. The yeas and Jokin Chapman, Thomas Claiborne, William Charles nays were taken, and the motion was carried-55 Cole Claiborne, Matthew Clay, John Clopton, James to 34, as follows: Cochran, William Craik, John Dawson, William Ed. Yeas-John Allen, George Baer, jr., Abraham Baldmond, Joseptu Eggleston, Lucas Elmendorf, Thomas win, David Bard, Bailey Bartlett, Thomas Blount, JonErans, William Findley, Abiel Foster, Dwight Foster, I athan Brace, Robert Brown, Stephen Bullock, Samuel H. of R.]

Quarantine Laws.

[JANUARY, 1799.

J. Cabell, John Chapman, Thomas Claiborne, William YEAs—John Allen, George Baer, jun., Bailey BartCharles Cole Claiborne, Matthew Clay, John Clopton, lett, James A. Bayard, Jonathan Brace, David Brooks, John Dawson, John Dennis, George Dent, Joseph Eg. Stephen Bullock, Christopher G. Champlin, John Chapgleston, Lucas Elmendorf, Thomas Evans, William man, James Cochran, William Craik, John Dennis, Findley, Jonathan Freeman, Albert Gallatin, James George Dent, William Edmond, Thomas Evans, Abiel Gillespie, Andrew Gregg, John A. Hanna, Carter B. Foster, Dwight Foster, Jonathan Freeman, Nathaniel Harrison, Jonathan N. Havens, Joseph Heister, David Freeman, jun., Henry Glen, Chauncey Goodrich, Roger Holmes, Walter Jones, Edward Livingston, Matthew Griswold, William Barry Grove, Robert Goodloe HarLocke, James Machir, Nathaniel Macon, William Mat- per, Thomas Hartley, William Hindman, Hezekiah L. thews, Joseph McDowell, Daniel Morgan, Anthony Hosmer, James H. Imlay, John Wilkes Kittera, Samuel New, John Nicholas, Josiah Parker, Thomas Pinckney, Lyman, James Machir, William Matthews, Daniel MorJohn Reed, Tompson J. Skinner, Samuel Smith, Wil- gan, Harrison G. Otis, Isaac Parker, Josiah Parker, liam Smith, Richard Dobbs Spaight, Richard Sprigg, Thomas Pinckney, John Reed, John Rutledge, jun., Mark Thomson, Thomas Tillinghast, John Trigg, Jo- James Schureman, Samuel Sewall, William Shepard, seph B. Varnum, Abraham Venable, and Robert Wil Thomas Sinnickson, Samuel Smith, Richard Dobbs liams.

Spaight, Peleg Sprague, George Thatcher, Mark ThomNays-David Brooks, Christopher G. Champlin, son, Thomas Tillinghast, John E. Van Alen, Peleg James Cochran, William Craik, William Edmond, Wadsworth, Robert Waln, John Williams, and Robert Abiel Foster, Dwight Foster, Henry Glen, Chauncey Williams. Goodrich, William Gordon, Roger Griswold, William Nars—Abraham Baldwin, David Bard, Thos. Blount, B. Grove, Robert G. Harper, Thomas Hartley, William Richard Brent, Robert Brown, Samuel J. Cabell, ThoHindman, Hezekiah L. Hosmer, James H. Imlay, John mas Claiborne, William C. C. Claiborne, Matthew Clay, W. Kittera, Samuel Lyman, Lewis R. Morris, Harrison John Clopton, Thomas T. Davis, John Dawson, Jo. G. Otis, Isaac Parker, John Rutledge, jr., James Schure- seph Eggleston, Lucas Elmendorf, William Findley, man, Samuel Sewall, William Shepard, Thomas Sin Albert Gallatin, James Gillespie, Andrew Gregg, John nickson, Peleg Sprague, George Thatcher, Richard A. Hanna, Carter B. Harrison, Jonathan N. Havens, Thomas, John E. Van Alen, Peleg Wadsworth, Ro- Joseph Heister, David Holmes, Walter Jones, Edward bert Waln, and John Williams.

Livingston, Matthew Locke, Nathaniel Macon, AnthoMr. S. Smith said, in order to meet the wishes ny New, John Nicholas, Tompson J. Skinner, William of the gentleman from Pennsylvania, he would Smith, Richard Sprigg, Abram Trigg, John Trigg, move the following words. viz: “On the conti-Philip Van Cortlandt, Joseph B. Varnum, and Abra

ham Venable. nent of America," so as to exclude the operation of this act from European ports.

INCREASE OF SALARIES. The motion was negatived—45 to 41, and then Mr. S. Smith then called up the resolution the bill was ordered to be engrossed for a third which he had laid upon the table some days ago, reading

directing the Committee of Ways and Means to

inquire into the expediency of augmenting the MONDAY, January 28.

salaries of the officers in the Executive DepartMr. Harper, from the Committee of Ways and ment of the Government; and being agreed to be Means, reported a bill making appropriations for taken up, the question on the reference was taken the support of Government for the year 1799; by yeas and pays, and carried—53 10 33. which was twice read and committed.

MARINE CORPS.
INTERCOURSE WITH FRANCE.

Mr. Harper submitted the following resolution: The bill further suspending our commercial in- Resolved, That the Navy Committee be instructed tercourse with France and her dependencies, and to inquire and report, by bill or otherwise, whether, acfor other purposes, having been read the third cording to the existing regulations of the Navy, any and time,

what augmentations are necessary in the Marine Corps, Mr. Allen moved for a recommitment of the as now established by law.” bill, in order to have expunged a proviso intro- Mr. H. said the Committee of Ways and Means duced by the member from Tennessee, excluding had been informed that the Navy Establishment the port of New Orleans from its operation. He requires a greater number of marines than the stated his reason to be, that he did not believe present law provides; and, before they can be that was likely to be a rendezvous for French pri- appropriated for, it will be necessary to pass a law vateers; but that, if it should be, it ought to be making the augmentation. liable to the same restrictions with other ports; The resolution was agreed to. and, if it was not likely to become a barbor of privateers, to insert a proviso of this kind, was to show

QUARANTINE LAWS. a distrust that the President would not exercise On motion of Mr. S. Smith, the House went the power given to him for the interest of the into a Committee of the Whole, on the bill reUnited States.

specting quarantines and health laws, Mr. RutThis motion was seconded by Mr. Otis, and LEDGE 10 the Chair. opposed by Messrs. VENABLE, Nicholas, S. Smith, The bill was read as follows: W. CLAIBORNE, and HARPER. It was negatived, Sec. 1. Be it enacted, &c., That the quarantines and the yeas and nays being taken—74 to 18.

other restraints which shall be required and established The question on the passing of the bill was by the health laws of any State, or pursuant thereto, then taken, and stood, yeas 55, nays 37, as follows: respecting any vessels arriving in, or bound to, ang

JANUARY, 1799.]

Quarantine Laws.

[H. OF R.

port or district thereof, whether from a foreign port or able warehouses, with wharves and enclosures, where place, or from another district of the United States, goods and merchandise may be unladen and deposited, shall be duly observed by the collectors, and all other from any vessel which shall be subject to a quarantine, afficers of the revenue of the United States, appointed or other restraint, pursuant to the health laws of any and employed for the several collection districts of such State as aforesaid, at such convenient place or places State respectively, and by the masters and crews of the therein, as the safety of the public revenue, and the several revenue cutters, and by the military officers observance of such health laws may require. Provided, who shall command in any fort or station upon the That the sites of all such warehouses and wharves, seacoast; and all such officers of the United States with such other adjoining lands as may be necessary shall be, and they hereby are, authorized and required for the public uses hereby authorized, shall be ceded faithfully to aid in the execution of such quarantines to the United States by the State wherein the same and health laws, according to their respective powers shall be. and precincts, and as they shall be directed from time Sec. 4. And be it further enacted, That when, by to time by the Secretary of the Treasury of the United the prevalence of any contagious or epidemical disease, States. And the said Secretary shall be, and he is in or near the place by law established as the port of bereby authorized, when a conformity to such quaran- entry for any collection district, it shall become dangertines and health laws shall require it, and in respect to ous or inconvenient for the collector and the other offivessels which shall be subject thereto, to prolong the cers of the revenue employed therein, to continue the terms limited for the entry of the same, and the report discharge of their respective offices at such port, the of entry of their cargoes, and to vary or dispense with Secretary, or, in his absence, the Comptroller of the any other regulations applicable to such reports or en. Treasury of the United States, may direct and authortries. Provided, That nothing herein shall enable any ize the removal of the collector, and the other officers State to collect a duty of tonnage or impost, without employed in his department, from such port, to any the consent of the Congress of the United States there other more convenient place, within, or as near as may to: And provided, That no part of the cargo of any be to such collection district, where such collector and vessel shall, in any case, be taken out, or unladen there officers may exercise the same authorities, and shall be from, otherwise than as by law is allowed, or accord- liable to the same duties, according to existing circuming to the regulations hereinafter established.

stances, as in such lawful port or district; and of such Sec. 2. And be it further enacted, That when, by

einoval, public notice shall be given as soon as may be. 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 by the United States for any public works until care of the surveyor, or of one or more inspectors, at 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 col- Mr. DaY'TON trusted the motion would not lector, and of the owner or owners, or master, or other prevail. person having charge of such vessel, until the same

It was negatived, there being only 23 votes in shall be entirely unladen or discharged; and until the favor of it. goods.wares, or merchandise, which shall be so deposited,

Mr. Livingston then moved to amend the bill may be safely removed, without contravening such health laws; and when such removal may be allowed, the by striking out of the second line of the third collector having charge of such goods, wares, or mer which was certainly surplusage. Agreed to.

section the words “and with the approbation," etandise, may grant permits to the respective owners a consignees, their factors or agents, to receive all

Mr. Wals said, 'if it was proper to cede the goods, wares, or inerchandise, which shall be entered, land upon which warehouses are built, he did not and whereof the duties accruing shall be paid or se

think it would be right to cede the sites of wharves eared, according to law, upon the payment by them of to the United Staies. He should not think it a reasonable rate of storage, which shall be fixed by right, for instance, to cede the jurisdiction of any the Secretary of the Treasury for all public warehouses wharves which might be built in the vicinity of and enclosures.

this city to the United States. He, therefore, Sec. 3. And be it further enacted, That there shall moved to strike out the words, “and wharves." be purchased or erected, under the orders and with the Mr. Sewall hoped the gentlemen from Pennapprobation of the President of the United States, suit- sylvania would not insist upon this motion. No

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