who shall make or attempt to make any settlement as aforesaid: Provided, That nothing herein contained shall affect persons making settlements on lands purchased from the United States, in conformity with the preceding section of this act." The question was stated that the House do agree with the Senate in their said amendment;" On which a division of the said question was called for; and, on the question that the House do agree with the Senate in so much of their said amendment as proposes to strike out the second section of the said bill, it passed in the negative— yeas 33, nays 57, as follows: YEAS-Willis Alston, junior, Joseph Barker, Silas Betton, Barnabas Bidwell, John Chandler, Richard Cutts, Samuel W. Dana, John Davenport, jun., James Elliot, Ebenezer Elmer, William Ely, William Findley, John Fowler, Seth Hastings, David Hough, John G. Jackson, Matthew Lyon, Jonathan O. Mosely, Gurdon S. Mumford, Timothy Pitkin, jun., Josiah Quincy, John Russell, Martin G. Schuneman, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Thomas W. Thompson, Uri Tracy, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, and Nathan Williams H. of R. sey, John Hamilton, David Holmes, Walter Jones, John Lambert, Michael Leib, Joseph Lewis, junior, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Roger Nelson, Thomas Newton, jun., John Pugh, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Thomas Sammons, Thomas Sandford, James Sloan, John Smilie, Samuel Smith, Richard Stanford, Philip R. Thompson, Abram Trigg, John Whitehill, Robert Whitehill, David R. Williams, Richard Winn, and Joseph Winston. Resolved, That this House do adhere to its disagreement to the said amendment. Ordered, That the engrossed bill making apPropriations for carrying into effect a treaty with the Cherokee tribe of Indians, be recommitted to a Committee of the Whole this day. 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 Repre sentatives 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." NAYS-Evan Alexander, Isaac Anderson, Burwell Basset, David Bard, George M. Bedinger, John Blake, junior, Thomas Blount, Robert Brown, Levi Casey, John Claiborne, Christopher Clark, Matthew Clay, John Clopton, Frederick Conrad, Leonard Covington, Ezra Darby, John Dawson, Elias Earle, James M. Garnett, Edwin Gray, Andrew Gregg, Isaiah L. Green, Silas Halsey, John Hamilton, David Holmes, Walter Jones, John Lambert, Michael Leib, Joseph Lewis, jr., Robert Marion, Josiah Masters, Nicholas R. Moore, A motion was made by Mr. JOHN RANDOLPH, Thomas Moore, Jeremiah Morrow, John Morrow, Ro- and the question being put, to amend the said bill, ger Nelson, Thomas Newton, jun., Gideon Olin, John by striking out, at the end thereof, the words "unPugh, John Randolph, Thomas M. Randolph, John der the direction of the Secretary of State;" it Rea of Pennsylvania, Thomas Sammons, Thomas Sand-passed in the negative-yeas 43, nays 48, as folford, James Sloan, John Smilie, Samuel Smith, Henry lows: Southard, Richard Stanford, Joseph Stanton, Philip R. Thompson, Abram Trigg, John Whitehill, Robert Whitehill, David R. Williams, Richard Winn, and Joseph Winston. And then the question being taken that the House do agree with the Senate in such other part of their said amendment as proposes to strike out the third section of the said bill, it passed in the negative-yeas 35, nays 53, as follows: YEAS-Joseph Barker, Silas Betton, Barnabas Bidwell, John Chandler, Richard Cutts, Samuel W. Dana, John Davenport, jun., James Elliot, Ebenezer Elmer, William Ely, William Findley, James Fisk, John Fowler, David Hough, John G. Jackson, Jonathan O. Mosely, Gurdon S. Mumford, Gideon Olin, T. Pitkin, jr., Josiah Quincy, John Russell, Peter Sailly, Martin G. Schuneman, Henry Southard, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Thomas W. Thompson, Uri Tracy, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, and Nathan Williams. YEAS-Evan, Alexander, Willis Alston, jun., David Bard, Burwell Bassett, George M. Bedinger, Thomas Blount, Robert Brown, George W. Campbell, Levi Casey, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, Edwin Gray, John G. Jackson, Walter Jones, Michael Leonard Covington, Peter Early, James M. Garnett, Leib, Robert Marion, Josiah Masters, Thomas Moore, John Morrow, Roger Nelson, Thomas Newton, junior, John Pugh, John Randolph, John Rea of Pennsylvania, Thomas Sammons, Thomas Sandford, Samuel Smith, Henry Southard, Richard Stanford, Philip R. Thompson, Abram Trigg, John Whitehill, Robert Whitehill, David R. Williams, Richard Winn, and Joseph Winston. NAYS-Isaac Anderson, Joseph Barker, Silas Betton, Barnabas Bidwell, John Blake, junior, John Chandler, Jacob Crowninshield, Richard Cutts, Samuel W. Dana, Ezra Darby, John Davenport, jr., James Elliot, Ebenezer Elmer, William Ely, William Findley, James Fisk, John Fowler, Andrew Gregg, Isaiah NAYS-Evan Alexander, Willis Alston, jun., Isaac L. Green, Seth Hastings, David Holmes, David Hough, Anderson, David Bard, Burwell Bassett, George M. Joseph Lewis, jr., Matthew Lyon, William McCreery, Bedinger, John Blake, jun., Thomas Blount, Robert Nicholas R. Moore, Jeremiah Morrow, Jonathan Ö. Brown, Levi Casey, John Claiborne, Christopher Clark, Mosely, Jeremiah Nelson, Gideon Olin, Timothy PitMatthew Clay, John Clopton, Frederick Conrad, Leon-kin, jr., Josiah Quincy, Thomas M. Randolph, John ard Covington, John Dawson, James M. Garnett, Ed- Rhea of Tennessee, John Russell, James Sloan, John win Gray, Andrew Gregg, Isaiah L. Green, Silas Hal-Smith, Joseph Stanton, Samuel Taggart, Benjamin The bill, sent from the Senate, entitled "An act for the temporary relief of Hamet Caramalli," was read twice, and committed to a Committee of the whole House to-day. An engrossed bill authorizing the settlement of accounts between the United States and William Eaton, was read the third time. Ordered, That the said bill do lie on the table. The SPEAKER laid before the House a letter from the Secretary of War, the Secretary of the Treasury, and Comptroller of the Treasury, Commissioners under the act, entitled "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia," passed the seventh of April, one thousand seven hundred and ninetyeight, covering a list of names of claimants to land under the said act; which was read, and ordered to lie on the table. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act to provide for the adjustment of titles to land in the Territory of Michigan, and for other purposes;" and the same being severally twice 'read at the Clerk's table, were, on the question put thereupon, agreed to by the House. APRIL, 1806. for building gunboats," and no amendments being made, the House proceeded to consider the said amendment, and the same being again twice read at the Clerk's table, was agreed to by the House. The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act in addition to an act, entitled 'An aet regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee;" and the same being twice read at the Clerk's table, were, on the question severally put thereupon, agreed to by the House. The House proceeded to consider the amendment proposed by the Senate to the bill, entitled "An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes:" Whereupon, Resolved, That this House do disagree to the said amendment; Resolved, That this House do insist on their said disagreement; that a conference be desired with the Senate on the subjectmatter of the said amendment; and that Mr. SMILIE, Mr. D. R. WILLIAMS, and Mr. EARLY, be appointed managers at the said conference on the part of this House. A message from the Senate informed the House that the Senate have agreed to the conference desired by this House on the subject-matter of the amendment depending between the two Houses to the bill, entitled "An act 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," and have appointed managers at the The House resolved itself into a Committee of the Whole on the bill sent from the Senate, entitled "An act supplementary to the act, entitled "An act for ascertaining and adjust-same on their part. ing the titles to land within the Territory of Orleans, and the District of Louisiana." The bill was reported with an amendment thereto; which was twice read, and agreed to by the House. The bill, as amended, was then read the third time, and passed. PAY OF WITNESSES. Mr. JOHN RANDOLPH, from the committee appointed on the part of this House, to attend a conference with the Senate on the subject-matter of the amendments depending between the two Houses to the bill sent from the Senate, entitled "An act making provision for the compensation of witnesses who attended the trial of the impeachment of Samuel Chase," reported that the conferees on the part of this House had met the conferees on the part of the Senate, but had come to no agreement thereupon. A message from the Senate informed the House that the Senate have passed the bill, entitled "An act 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," with an amendment; to which they desire the concurThe House proceeded to consider the said rerence of this House. The Senate have also pass-port: Whereupon, a motion was made, and the ed the bill, entitled "An act respecting claims to question being put, that this House doth adhere to lands in the Indiana Territory and State of Ohio," its amendment to the said bill, disagreed to by the with an amendment; to which they desire the Senate, it passed in the negative-yeas 39, nays concurrence of this House; and the bill, entitled 42, as follows: "An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes," with an amendment; to which they desire the concurrence of this House. The House resolved itself into a Committee of the Whole on the amendment proposed by the Senate to the bill, entitled "An act for fortifying the ports and harbors of the United States, and Bard, Burwell Bassett, George M. Bedinger, John Tennessee, Thomas Sammons, Thomas Sandford, John NAYS-Willis Alston, jr., Barnabas Bidwell, Chris- Another motion was then made, and the question being put, that this House doth recede from its amendments to the bill, it passed in the affirmative-yeas 42, nays 39, as follows: H. of R. ner of conducting the said prosecution; and praying such relief therein as the wisdom of Congress may think proper to grant. The memorials having been read, Mr. LYON moved, that the petitioners have leave to withdraw their petitions. Mr. N. WILLIAMS said that it appeared to him that the tendency of these memorials was, by obtaining the sanction of the House to their contents, to throw the blame and censure on the prosecutors. It appeared to him proper to arrest such a mode of proceeding, especially while the business to which the memorials referred was sub judice. They contained accusations against the judge, who himself was under a prosecution. He did not see the object of the petitions, unless it was to excite a clamor and indignation against the court. It was improper that they should be sanctioned by being printed under the direction of this House, while the cause was depending, and it was unknown whether the court had acted YEAS-Willis Alston, jr., Barnabas Bidwell, Chris- these trials coming on, a censure should be cast properly or improperly. Suppose, previously to topher Clark, John Clopton, Jacob Crowninshield, on the court; would not this be a novel kind of Richard Cutts, Samuel W. Dana, John Davenport, jr., John Dawson, Peter Early, James Elliot, Caleb Ellis, proceeding-would it not be wresting justice from William Ely, James Fisk, John Fowler, David Hough, its due course, and be degrading to the LegislaWalter Jones, Joseph Lewis, jr., Matthew Lyon, Robert ture? Such a procedure would likewise be danMarion, William McCreery, Jonathen O. Mosely, Gur-gerous to the principles of justice. Shall we perdon S. Mumford, Jeremiah Nelson, Timothy Pitkin, jr., mit a person under accusation to prefer a charge Josiah Quincy, Thomas M. Randolph, John Russell, against the tribunal before whom he is summoned Peter Sailly, Martin G. Schuneman, James Sloan, John to appear? Suppose we declare the court, and Smith, Samuel Taggart, Benjamin Tallmadge, Samuel not the criminal guilty, shall we not thereby prosTenney, David Thomas, Thomas W. Thompson, Uri trate every principle of justice, and set a preceTracy, Killian K. Van Rensselaer, Joseph B. Varnum, dent never known in any country, as dangerous Peleg Wadsworth, and Nathan Williams. to the liberty of the subject, as violative of the Constitution? In my opinion the Legislature ought not in this stage of the business to intefere. Such interference will be premature. If hereafter the prosecution appears to have been improperly conducted, it will be time enough to make an inquiry into the conduct of the prosecutor and the court; but before that, such an inquiry will be premature, and will be a prejudging of the case. From the moment I heard these petitions read, they struck me as being of a most dangerous tendency. If at all sanctioned by this House, they will tend to incense not only the country against the Administration, but against the tribunals of justice. We find it asserted in them, that the Administration, and particularly the Secretary of State, had a full knowledge of all the transactions connected with the fitting out the Leander. This charge has been already made in the newspapersit has gone abroad, and been contradicted; and I do not hesitate to declare in my place that the accusation is false, that it is a calumny, that there is not a word in the petition charging the Administration with this fact that is founded in truth. I think the proper course is for the petitioners to have leave to withdraw their petitions. Not that I am for a denial of justice. If the petitioners fail in their application for justice to the court, it will then be time enough for us to interfere. Indeed it is a thing unheard-of in this nation, while the accused are under prosecution, that they should be suffered to come forward to the House of Rep NAYS-Isaac Anderson, Burwell Bassett, George M. Bedinger, John Blake, jr., Robert Brown, Frederick Conrad, Ezra Darby, Ebenezer Elmer, John W. Eppes, William Findley, James M. Garnett, Edwin Gray, Andrew Gregg, Isaiah L. Green, John Hamilton, David Holmes, Michael Leib, Patrick Magruder, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Gideon Olin, John Pugh, John Randolph, John Rhea of Tennessee, Thomas Sammons, Thomas Sandford, John Smilie, Henry Southard, Jos. Stanton, Philip R. Thompson, Abram Trigg, John Whitehill, Robert Whitehill, David R. Williams, Richard Winn, and Joseph Winston. CASE OF THE LEANDER. Mr. QUINCY presented to the House two several memorials of Samuel G. Ogden, and of William S. Smith, of the city of New York, which were received and read, respectively stating that they are under a criminal prosecution, now depending in the Circuit Court of the United States for the district of New York, for an alleged offence against the laws of the United States, in which, if guilty, they have been led into error by the conduct of officers of the Executive Government, who now intend to bring upon the memorialists the penalties of the laws, to sacrifice their characters, fortunes, and liberty, in expiation of their own errors, or to deprecate the vengeance of foreign Governments, by offering the memorialists as a victim to their resentment: that they have also experienced great oppression and injustice in the man resentatives with charges against the court and the Government. The memorialists not only charge the Government, but the magistrates, with corrupt motives. Shall we permit the Government to be thus treated, and the tribunals of justice to be thus calumniated; and give a sanction to the charges by printing a paper that contains them? I hope we shall have virtue and firmness enough to resist such a procedure. I think we have gone far enough in patiently listening to petitions which have no legal object in view, which not only charge the Departments of the Executive Government with improper views, but which contain accusations against the tribunals of justice; what scarcely merit to be called accusations-but base calumnies. The manner too in which these memorials have been presented is most extraordinary. In point of time, this being the last day of the session, it must have been known that it was out of our power to investigate their contents. It is also very unfortunate, when the citizens of New York are so ably represented on this floor that the petitioners have been obliged to travel to Bos. ton, in order to obtain a gentleman to present their memorials. For these reasons, I shall vote decidedly against the printing. Mr. QUINCY said that the observations which were made were such as might have been expected to be offered, had it been proposed to go into an inquiry on these memorials. I do not say, said Mr. Q., that the information contained in the petitions is true. All I say is, that as a high officer of the Government is implicated, justice requires that an inquiry at some time should take place. I do not say that it ought now to take place. The question at present is, whether this information shall rest on our tables. Gentleman say no-throw it off. But I say inquire; because I believe, when an examination shall be made, a part of the statement at least will be found to turn out correct. It is said that the memorialists are under accusation; but have they not therefore, a right to petition this House? But so far as relates to the judge, there is only an information by the Grand Jury, not a prosecution. Whoever heard of a man accused before himself? Gentlemen may throw these petitions under the table, but, if they do so, they will do a great disrespect to the House. My only object is that an inquiry should be made at a convenient season into the facts alleged in these petitions. The information contained in some of those statements is corroborated by information known to some gentlemen on this floor-that the Executive had been advised of the fitting out of the Leander time enough to have prevented her sailing. By throwing these petitions under the table gentlemen will show that they are not disposed to investigate these facts. APRIL, 1806. tlemen a transaction which took place two years ago. A petition was then presented from certain aliens in Pennsylvania and New York; and because they reflected on a former Administration, the House would not hear them. I never did, said Mr. S., witness such an attempt as this; and could such attempts be sustained, they would subvert all government whatever. Shall a person accused of a crime, while his trial is depending, bring forward complaints against his judges? If so, we have no regular government. This is turning the House of Representatives into a judiciary body, and authorizing them to wrest all other business from the tribunals of justice. Mr. ALSTON. I would not rise, but for the extraordinary declaration of the gentleman from Massachusetts, who says members of the House knew that the President was possessed of knowledge of the Leander's sailing, time enough to have prevented it. He says he knew it. If so, this sufficiently accounts for the course now proposed to be taken. If the fitting out and the destination of the Leander were known to any member of this House, I pronounce that member equally criminal with the Secretary of State or the Presi dent. For my part I had heard a gentlemen of respectability from New York say, though some people were prepared for the sailing of the Leander, he did not think twenty men in New York knew the place of her destination. As to the course pursued by the House, it is perfectly immaterial to me, whether the petitions lie on the table, or are returned to those from whom they came-my only wish is, that we do not sanction a thing of this kind without knowing more about it. Mr. JACKSON. The gentleman from Massachusetts has told us of information possessed in this House of a most extraordinary nature-certainly the most extraordinary in the annals of jurisprudence; that Government had a knowledge of this case, and that they are afraid to trust the decision of a jury of their country. This is most extraordinary indeed, For my part, I regret that the gentleman from Massachusetts had so far forgot his own dignity, and the duty he owes his country, as to have permitted himself to have become the organ of these charges. He has told us we will discredit ourselves by rejecting these petitions. But permit me to say he has already more discredited himself by presenting them. The petitioners say this expedition has received the applause and encouragement of the Government, and the gentleman says this is known to the House. I pronounce this false. I say it is a base calumny, of which the gentleman has made himself the organ; and in saying so, I hold myself responsible in any place the gentleman pleases. Mr. QUINCY.-I deemed it my duty to present Mr. SMILIE believed the House were to blame a petition handed to me, let it come from what in permitting these petitions to be presented. It quarter it might-and in this instance before I was a rule of the House that every member pre-presented these memorials I made a correct statesenting a petition should first generally state its ment of all their contents, which the House heard, contents. The member who presented these pe- and having heard, received them. As to the titions, having made this statement, I think the harsh things which have been uttered by the genHouse ought not to have permitted them to have tleman from Virginia it is not in his power to been read. I will call to the recollection of gen-hurt my reputation. I said some information, APRIL, 1806. Case of the Leander. H. OF R. think themselves aggrieved, it will be time enough to come forward with their complaint. Mr. EARLY.-The memorials have been presented at a time and under circumstances so extraordinary, as, in my opinion, to call for, at the hands of this House, something more than is contained in the motion of the gentleman from Kentucky. These peculiarities of time and circumstance have been already noticed by different gentlemen, and are of a nature so striking, that they cannot escape the attention of any. I shall not, therefore, detain the House with any arguments, or with a detail of them. I rise for the purpose of offering a resolution which I think the occasion calls for, and in favor of which I hope the gentleman from Kentucky will withdraw his motion. Mr. EARLY then offered the following resolution: stated in the memorials, was correct. I say so now. But did I say the whole information contained in them, with the coloring, was true? Gentlemen will bear me witness that I said I did not believe the facts could be proved; but that there was ground enough to justify the going into an inquiry. Now, as to the information allúded to: I received no information myself from New York-the information came to a gentleman on this floor. Was it for me to bring this information before the House? Other gentlemen had the same information. I have said these things as a reason for not being too precipitate. Such conduct will look as if we were influenced by improper motives. In what I have said, I by no means mean to give a sanction to the memorials. Mr. MUMFORD. On the first of February I applito the Collector of New York. He declared he did not know the real destination of the Leander Resolved, That the charges contained in the memo-she had cleared out for Jacmel. The 2d Feb-rials of S. G. Ogden and William Smith are, in the ruary, the Leander sailed from the watering place opinion of this House, unsupported by any evidence at Staten Island. Her destination was the com- which, in the least degree, criminates the Executive mon subject of conversation. Some supposed it government of this country;—that the said memorials was to one place, and some to another; but it was appear to have been presented at a time and under generally conjectured to be a British expedition. circumstances insidiously calculated to excite unjust It was common conversation that Miranda had suspicions in the minds of the good people of this nabrought with him a credit on Great Britain, and tion against the existing Administration of the General I have since been informed he drew a bill on one Government, and that it would be highly improper in of the late British Administration. Shortly after, this House to take any step which might influence or I heard of the prosecution, but I never imagined prejudice a cause now depending in a legal tribunal of the Administration had anything to do with the the United States. Therefore, Resolved, That the said expedition. memorials be by the Clerk of this House returned to those from whom they came. Mr. QUINCY said, in the remarks he had offered, he had only meant to say that there had been an extraordinary equipment and arming in the harbor of New York. He did not mean to pledge himself as to the knowledge of the destination, or to the other fact, whether there was time for the Administration to have prevented it. Mr. LYON withdrew his motion. Mr. CLARK said this resolution was susceptible of division. He had no objection to the latter part of it, but he did not wish to give a hasty decision on the former, as he was not acquainted with all the circumstances referred to. He would therefore move to strike out the first part of the Mr. SMILIE. We are now to give a vote whether these charges are true or not. Believing them to be untrue, I shall vote against the motion to strike out. Mr. JACKSON.-The gentleman did say so. Mr. QUINCY.-Such is my impression at pres-resolution. ent, but I am not certain of it. Since I rose, I have understood that after this information was received, an attempt was made by the Executive to stop the vessel. In making the remarks I have offered, I did not mean to criminate the Administration. If my words bore such a meaning, I withdraw them. Such was not my intention. Mr. BIDWELL said, the memorials referred to two subjects. On the first, the memorialists state that they have been indicted for an offence, and represent certain facts, which they say are in their favor; they say the indictment is depending-this is begging the case. That while these facts remain to be tried before a tribunal of justice, where the whole benefit of evidence may be made use of either in justification or destruction of the charges, that the memorialists should resort to a petition of this nature on the last day of the session, is most extraordinary; and for the House to undertake to decide a question now pending before a court and jury, before whom any witnesses may be summoned, would be still more extraordinary. The other subject relates to the conduct of the judge in this particular case. If, when this case shall be ultimately decided, the memorialists shall 9th CON.-35 Mr. CLARK.-I do not believe that they are true. But it is not proper to condemn a cause unheard. These men think themselves aggrieved; they set forth certain charges, and we at once give our opinion that they are false. I can never agree to this course. Mr. DANA.-These memorials contain a statement of certain facts in the nature of allegations against certain officers in this Government. Whenever allegations of this kind are made, such language ought to be used as is best adapted to convey the ideas of the petitioners. These memorials contain two things. In the first place, they charge the Executive of the United States with a participation in Miranda's expedition. As to this charge, I am fully sensible of the impropriety of the House interfering. Under a law of the United States the equipment of a vessel against a Power with which we are at peace, is considered as a misdemeanor, punished by fine and imprisonment: and if General Miranda misled these men |