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H. OF R.]

Duties on Salt.

[APRIL, 1806.

Clark, Joseph Clay, Matthew Clay, John Clopton, | the provisions of the bill relative to the repeal
Jacob Crowninshield, Richard Cutts, Samuel W. of the duty on salt.
Dana, Ezra Darby, John Davenport, junior, John
Dawson, Elias Earle, Peter Early, James Elliot,
Caleb Ellis, Ebenezer Elmer, William Ely, John W.
Eppes, James Fisk, James M. Garnett, Charles Golds-
borough, Peterson Goodwyn, Edwin Gray, Andrew
Gregg, Silas Halsey, John Hamilton, David Holmes,
David Hough, John G. Jackson, John Lambert, Jo-
seph Lewis, junior, Patrick Magruder, Robert Marion,
Thomas Moore, Jeremiah Morrow, John Morrow,
Jonathan O. Mosely, Jeremiah Nelson, Roger Nelson,
Thomas Newton, junior, Gideon Olin, Timothy Pit-
kin, junior, John Pugh, Josiah Quincy, John Ran-
dolph, Thomas M. Randolph, John Rea of Pennsyl-
vania, Jacob Richards, Thomas Sammons, Thomas
Sanford, Martin G. Schuneman, James Sloan, John
Smilie, John Smith, Samuel Smith, Henry Southard,
Richard Stanford, Joseph Stanton, Samuel Taggart,
Benjamin Tallmadge, Samuel Tenney, David Thomas,
Philip R. Thompson, Thomas W. Thompson, Abram
Trigg, Killian K. Van Rensselaer, Joseph B. Varnum,
Peleg Wadsworth, Robert Whitehill, David R. Wil-
liams, Marmaduke Williams, Alexander Wilson,
Richard Wynn, and Joseph Winston.

NAYS.-Joseph Barker, John Fowler, Isaiah L. Green, Michael Leib, Matthew Lyon, Josiah Masters, William McCreery, Nicholas R. Moore, John Russell, Peter Sailly, and Uri Tracy.

FRIDAY, April 18.

William Eaton.

The House resolved itself into a Committee of the Whole, on the bill authorizing the settlement of accounts between the United States and William Eaton. No amendment having been made to the bill, the House proceeded to consider the said bill at the Clerk's table, and the same being again read, in the words following, to wit:

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That the proper accounting officers be, and they hereby are, authorized and directed to liquidate and settle the accounts subsisting between the United States and William Eaton, late Consul at Tunis, upon just and equitable principles, under the direction of the Secretary of State.

A motion was made by Mr. JOHN RANDOLPH, and the question being put, to amend the said bill, by striking out, at the end thereof, the words "under the direction of the Secretary of State; " it passed in the negative-yeas 43, nays 48.

Ordered, That the said bill be engrossed, and read the third time on Monday next.

MONDAY, April 21.

Duties on Salt.

The House took up the amendments of the Senate to the bill repealing the acts laying duties on salt, and continuing in force for a further time, the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers."

These amendments proposed striking out all

Mr. J. RANDOLPH.--I understand this House to have sent a bill to the Senate repealing the existing duty on salt, and continuing for a further time the tax imposing a duty of two and a half per cent. on articles previously charged with ad valorem duties. The Senate have returned the bill, retaining the supply we voted, as well as the tax proposed by us to be repealed. I hope we shall not agree to their amendments, and the reasons I shall offer will not be those drawn from expediency, but from my idea of the constitutional powers of this, and the other branch of the legislature-which is, that it is the sole and indisputable prerogative of this House to grant the money of the people of the United States. It is here only that a grant of money can originate. It is true that the Senate have the power of amending money bills, but my idea of the extent to which that power can 50, according to the true spirit of the constitution, is this: while the Senate may amend money bills to facilitate the collection of duties, or in other respects, as to their details, they do not possess the constitutional power of varying either the quantum of tax proposed in this House, or the object on which it may be levied. I hope the House will never consent to give up this invaluable privilege of saying what supplies shall be levied. But, even supposing this obthey will grant, and the object on which they jection nugatory, I hope this House will not suffer itself to be trapped, on the last day of the session, in agreeing to a grant it was never in their contemplation to make. When we sent

a bill to the other branch to continue the Mediterranean duty, we sent at the same time, a bill to repeal the duty on salt. The amendment from the Senate can be viewed in no other light than as originating a money bill in the Senate. It goes to originate a tax on salt. Such, in effect, will be the object and tendency of the measure. Let us suppose, instead of sending to the Senate a bill imposing a new tax, we had sent a simple bill to repeal this same tax upon salt-could the the Mediterranean fund? And if they could, Senate, by an amendment, rivet and continue would not that be originating a money bill? I hope the House will disagree to the amend

ments of the Senate.

Mr. ALSTON thought it would be advisable to accommodate with the Senate. In order to obtain an accommodation, he should vote, in the first instance, against the amendments of the Senate. On a conference, they may agree to strike off the duty of eight cents on salt, and the next year, when we shall better understand the ground on which we stand, the House may be disposed still further to lessen the burden.

Mr. RHEA, of Tennessee.-I do not consider this bill as in the nature of a bill originating revenue, but as one, on the contrary, detracting from the revenue. I contend that the Senate have the power, at any time, to say they will not consent to the repeal of a revenue law, else

APRIL, 1806.]

Duties on Salt.

[H. OF R.

they are a trifling, insignificant body. Are they | in motion, the duties on imports were not more not, as well as we, to judge of the exigency of than four or five millions. These resources are the country? This is not a question of expedi-daily growing, and a fund accruing from the ency, but of necessity. Though we are desirous of taking off the duty on salt, such is the situation of the country, menaced with foreign danger, and particularly with a war with Tunis, that the revenue ought not to be diminished. For these reasons I shall concur in the amendment of the Senate.

The yeas and nays were then taken on agreeing to the amendment of the Senate-yeas 24, nays 56.

increasing prosperity of the people, which their guardians are bound to account for. Though we have contracted a debt for New Orleans, we have gained a revenue of not less than $300,000 a year. From these circumstances I hope we shall adhere to our disagreement to the amendments of the Senate, and that they will, in their justness and graciousness, yield a tax of half a million for a tax which produces a whole million. It is said the Senate may strike out all but the title of your bills. Indisputably; but will this House submit? Suppose you send a bill to the Senate laying a duty of two per cent. on saltpetre, and they send it back to you, striking

Mr. J. RANDOLPH.-I hope we shall now adhere to our disagreement to the amendment of the Senate. I hope we shall not concur with the Senate, under the idea of reducing the duty on salt from twenty to twelve cents. Notwith-out this provision, and giving you a bill in lieu standing a fear entertained by some gentlemen of it, laying a tax of four shillings in the pound of a deficiency in the revenue, the House, by a on all the lands of the United States. Is that, vast majority, passed the bill repealing the duty under the constitution, a fair exercise of their on salt. The Message of the President was re- power? To my mind, if the position be admitferred to the Committee of Ways and Means, ted, that it is the sole privilege of this House to and that committee made a report recommend- grant the public money, it is extremely indecent, ing the taking off the duty on salt, and continu- to say no more, for that branch of the Legislaing the two and a half per cent. duty. Every ture to tell the United States they will get all objection to the measure that now exists then the money they can, whatever may be the disexisted, and ought then to have been offered. position of this House. Recollect how the salt We then sent to the other House a supply of tax was laid before-on the last day of an exmoney—a tax yielding $900,000, with the proba-piring Congress, after a proposition to lay the bility of its amounting the ensuing year to a tax had been rejected, and members had gone million; in this same bill we proposed taking off home, under the persuasion that no such attempt a tax, which does not yield $600,000; we there would be renewed. By some little modification fore made a grant of $400,000 annually. It is of that proposition, a tax of twenty cents was said that the amendment of the Senate does not laid on every fifty-six pounds of salt, and riveted go to the imposition of a new tax, but that it on the people for ever. When I say for ever, I continues the revenue as it is. There is some mean the period of its being taken off depends plausibility, but no solidity in this remark. If on a branch of the Legislature over which the it goes to continue the revenue as it now is, people have but little control, who are the where is the necessity of continuing the duty of representatives, not of the people, but of the two and a half per cent.? It is therefore in fact State sovereignties. Now, if the House do wish, a new money bill. Let me urge one thing to as surely they must, to get rid of this tax, and the House. If we ever mean to strike off the if they believe, as they must, that the present duty on salt, we must cling to the Mediterra- circumstances of the country admit of its repeal, nean fund as the lever to lift this load from the else the bill would not have passed by so large shoulders of the people. It will be recollected a majority, I hope they will adhere to their disthat within five years we have taken off the agreement to the amendments of the Senate, internal taxes. I am glad of it; for I fear it and put it in the power of the other branch to would not now be done. They produced about take so much of the public money as it is our $800,000, inclusive of the taxes which have ex-pleasure to grant, and not one cent more. pired, and $640,000 exclusive of them. But we have granted a supply of two and a half per cent. duties, which yield, annually, from nine hundred thousand, to a million dollars. This is a complete offset to the repeal of the internal taxes. What we have lost by their repeal we have gained, with the addition of one or two hundred thousand dollars beyond the sum we should have received, had they been suffered to remain, and no addition been made to the duties on imports and tonnage; and yet we hear of the growing demands of the Government. But the growing demands of all Governments are alike. Do gentlemen recollect the growing state of the nation? When this Government was first put

Mr. CONRAD.-I hope we shall not adhere, but try a conference. It will then be time enough to consider whether we will adhere. Anxious as I am to get rid of this odious tax, I will agree to reduce the duty to twelve cents, or keep the Mediterranean fund, and next session judge whether we are able to take off the whole of it.

The motion to adhere was then disagreed toyeas 36, nays 42. When the House agreed to insist on their disagreement to the amendment of the Senate, and appointed a committee of conference.

And then, on a motion, made and seconded, the House adjourned until half past six o'clock, post meridian.

H. OF R.]

Eodem Die, half-past 6 o'clock.

Salt Duty.

CONFERENCE.

Adjournment.

Mr. GREGG, from the committee of conference on the same bill, observed that the conferees on the part of the Senate did not discover any disposition to recede from their amendments. The conferees on the part of the House stated the danger of losing the bill if the conferees did not relax, and proposed to meet them on the ground of compromise, by taking off the duty of eight cents imposed on salt. To this proposition the conferees on the part of the Senate declined acceding.

Mr. J. RANDOLPH moved that the House adhere to their disagreement to the amendments of the Senate.

[APRIL, 1806.

ways and means, to meet the demands of the Government, it will not be the first time, as I know it will not be the last, in which I shall step forward to vote a supply to meet every honorable demand. If there shall be deficit, as there is no reason to believe there will be, I pledge myself as one of those who will meet it. I wish to adhere to our vote, that the Mediterranean fund may be lost; for we have been told by those who, I presume, are well acquainted on such points, that such a course will enforce economy, and I wish I could add, in the words of an honorable friend who has no longer a seat here, would ensure economy.

The question was then taken by yeas and nays on adhering-yeas 40, nays 47.

The House then agreed to recede from their disagreement to the amendment of the Senateayes 45, noes 36.

Hamet Caramalli.

The House resolved itself into a Committee of the Whole on the bill sent from the Senate, entitled "An act for the temporary relief of Hamet Caramalli." expenses The bill was reported without amendment, read the third time, and passed-yeas 71, nays 6.

Mr. ALSTON. Having done every thing in our power to repeal the duty on salt or to lessen it, the only question is, whether we shall continué the Mediterranean fund until the next session or not. I call on gentlemen to take a review of the different estimates from the Treasury during the present session, and to consider the they warrant-I allude particularly to the appropriation of two millions towards the purchase of the Floridas, to decide whether we can do without the Mediterranean fund. The great object with me in advocating the repeal of the duty on salt was to obtain the Mediterranean fund. We have done our part to effect this object. I believe with the aid of that fund, though the duty on salt had been taken off, our revenue would have been sufficient; though even the greatest economy would have been requisite in the disbursement of the public money.

Mr. J. RANDOLPH.-I hope we shall adhere to our vote, and I will give my reasons for indulging this hope. I do not profess to be so well acquainted with the subjects of finance as some other gentlemen on this floor. But if the Mediterranean fund is to be continued for so short a time, it is obvious that the revenue to be gleaned from it will be proportionally small. The arguments of gentlemen therefore rebut themselves. They declare that they want a revenue, while they acknowledge that the continuance of this tax will produce but a small one. I hope that we shall keep the Mediterranean fund as a hostage for the salt tax. If between this and the next session a deficiency shall occur in our

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Adjournment.

Mr. EARLY, from the committee appointed on the part of this House, jointly, with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress, reported that the committee had performed that service; and that the President signified to them he had no farther communication to make during the present session.

A message from the Senate informed the House that the Senate, having finished the legislative business before them, are now ready to adjourn.

Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now about to adjourn until the first Monday in December next; and that the Clerk of this House do go with the said message.

The Clerk accordingly went with the said message; and, being returned, Mr. Speaker adjourned the House until the first Monday in December next.

DECEMBER, 1806.]

Proceedings.

NINTH CONGRESS.-SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 1, 1806.

[SENATE.

PROCEEDINGS IN THE SENATE.

MONDAY, December 1, 1806. The second session of the Ninth Congress, conformably to the Constitution of the United States, commenced this day, at the city of Washington, and the Senate assembled, in their

Chamber.

PRESENT:

GEORGE CLINTON, Vice President of the United States, and President of the Senate. WILLIAM PLUMER and NICHOLAS GILMAN, from New Hampshire.

JOHN QUINCY ADAMS and TIMOTHY PICKERING, from Massachusetts.

URIAH TRACY, from Connecticut. BENJAMIN HOWLAND, from Rhode Island. STEPHEN R. BRADLEY and ISRAEL SMITH, from Vermont.

SAMUEL L. MITCHILL, from New York. JOHN CONDIT and AARON KITCHEL, from New Jersey.

GEORGE LOGAN and SAMUEL MACLAY, from Pennsylvania.

SAMUEL WHITE, from Delaware. DAVID STONE, from North Carolina. JOHN GAILLARD, from South Carolina. ABRAHAM BALDWIN, from Georgia. THOMAS WORTHINGTON, from Ohio. WILLIAM B. GILES, appointed a Senator by the Legislature of the Commonwealth of Virginia, for the term of six years, from and after the 4th day of March last, produced his creden tials, which were read; and, the oath prescribed by law having been administered to him, he took his seat in the Senate.

A message from the House of Representatives informed the Senate that a quorum of the House is assembled, and are ready to proceed to business.

Ordered, That the Secretary notify the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

A message from the House of Representatives informed the Senate that the House have appointed a joint committee, on their part, with such committee as the Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two Houses is

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SAMUEL SMITH, from the State of Maryland, and BUCKNER THRUSTON, from the State of Kentucky, attended.

Resolved, That JAMES MATHERS, Sergeant-atArms and Doorkeeper to the Senate, be, and he is hereby authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him weekly for that purpose, to commence with, and remain during the session, and for twenty days after. Annual Message.

The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States:

It would have given me, fellow-citizens, great satisfaction to announce, in the moment of your meeting, that the difficulties in our foreign relations, existing at the time of your last separation, had been amicably and justly terminated. I lost no time in them to such a termination, by special missions, taking those measures which were most likely to bring charged with such powers and instructions as, in the event of failure, could leave no imputation on either our moderation or forbearance. The delays which have since taken place in our negotiations with the British Government appear to have proceeded from

SENATE.]

ABRIDGMENT OF THE

President's Annual Message.

[DECEMBER, 1806,

ing to the observance of the peace and good behavior, could it be extended to acts to be done out of the jurisdiction of the United States, would be effectual in some cases where the offender is able to keep out of sight every indication of his purpose which could draw on him the exercise of the powers now given by law.

causes which do not forbid the expectation that, dur- | against foreign nations, the ordinary process of binding the course of the session, I may be enabled to lay before you their final issue. What will be that of the negotiations for settling our differences with Spain, nothing which had taken place at the date of the last despatches enables us to pronounce. On the western side of the Mississippi she advanced in considerable force, and took post at the settlement of Bayou Pierre, on the Red river. This village was originally settled by France, was held by her as long as she held Louisiana, and was delivered to Spain only as a part of Louisiana. Being small, insulated, and distant, it was not observed, at the moment of redelivery to France and the United States, that she continued a guard of half a dozen men, which had been stationed there. A proposition, however, having been lately made by our Commander-in-chief, to assume the Sabine river as a temporary line of separation between the troops of the two nations until the issue of our negotiations shall be known, this has been referred by the Spanish commandant to his superior, and in the mean time he has withdrawn his force to the western side of the Sabine river. The correspondence on this subject, now communicated, will exhibit more particularly the present state of things in that quarter.

Having received information that, in another part of the United States, a great number of private individuals were combining together, arming and organizing themselves contrary to law, to carry on a military expedition against the territories of Spain, I thought it necessary, by proclamation, as well as by special orders, to take measures for preventing and suppressing this enterprise, for seizing the vessels, arms, and other means provided for it, and for arresting and bringing to justice its authors and abettors. It was due to that good faith which ought ever to be the rule of action in public as well as in private transactions, it was due to good order and regular government that, while the public force was acting strictly on the defensive, and merely to protect our citizens from aggression, the criminal attempts of private individuals to decide, for their country, the question of peace or war, by commencing active and unauthorized hostilities, should be promptly and efficaciously suppressed.

In a country whose constitution is derived from the will of the people, directly expressed by their free suffrages, where the principal Executive functionaries, and those of the Legislature, are renewed by them at short periods; where, under the character of jurors, they exercise in person the greatest portion of the judiciary powers; where the laws areconsequently so formed and administered as to bear with equal weight and favor on all, restraining no man in the pursuits of honest industry, and securing to every one the property which that acquires, it would not be supposed that any safeguards could be needed against insurrection, or enterprise, on the public peace or authority. The laws, however, aware that these should not be trusted to moral restraints only, have wisely provided punishment for these crimes when committed. But would it not be salutary to give also the means of preventing their commission? Where an enterprise is meditated by private individuals against a foreign nation in amity with the United States, powers of prevention, to a certain extent, are given by the laws; would they not be as reasonable and useful where the enterprise preparing is against the United States? While adverting to this branch of law it is proper to observe, that, in enterprises meditated

ploring the river Missouri, and the best communicaThe expedition of Messrs. Lewis and Clarke, for extion from that to the Pacific Ocean, has had all the success which could have been expected. They have the Columbia to the Pacific Ocean, ascertained with traced the Missouri nearly to its source, descended accuracy the geography of that interesting communication across our continent, learnt the character of the country, of its commerce, and inhabitants; and it is but justice to say, that Messrs. Lewis and Clarke, and their brave companions, have, by this arduous service, deserved well of their country.

of the period at which you may interpose your I congratulate you, fellow-citizens, on the approach authority, constitutionally, to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so Africa, and which the morality, the reputation, and long continued on the unoffending inhabitants of the best interests of our country, have long been eager to proscribe. Although no law you may pass one thousand eight hundred and eight, yet the intercan take prohibitory effect till the day of the year vening period is not too long to prevent, by timely notice, expeditions which cannot be completed before that day.

ing on the 30th day of September last, have amounted The receipts at the Treasury, during the year endto nearly fifteen millions of dollars, which have enabled us, after meeting the current demands, to pay two millions seven hundred thousand dollars of the American claims, in part of the price of Louisiana; of principal, and nearly four of interest; and, in adto pay of the funded debt, upwards of three millions dition, to reimburse, in the course of the present month, nearly two millions of five and a half per cent. stock. These payments and reimbursements of the four years and a half preceding, will, at the the funded debt, with those which had been made in present year, have extinguished upwards of twentythree millions of principal.

cease, by law, at the end of the present session. The duties composing the Mediterranean fund will Considering, however, that they are levied chiefly ou luxuries, and that we have an impost on salt, a necessary of life, the free use of which otherwise is so important, I recommend to your consideration the suppression of the duties on salt, and the continuation of the Mediterranean fund instead thereof, for a short time, after which that also will became unnecessary for any purpose now within contemplation.

this way be relinquished, there will still, ere long, be When both of these branches of revenue shall in an accumulation of moneys in the Treasury beyond the instalments of public debt which we are permitted by contract to pay. They cannot, then, without a modification, assented to by the public creditors, be applied to the extinguishment of this debt, and the complete liberation of our revenues, the most desirable of all objects; nor, if our peace continues, will they be wanting for any other existing purpose. The question, therefore, now comes forward: To what other objects shall these surpluses be appropriated,

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