Part 154

Mr. JACKSON viewed this provision as necessary, in consequence of a legal construction given to an act of the last session, which allowed the importation of slaves from abroad into Louisiana.

This motion was opposed by Messrs. ALSTON, ELY, MORROW, SPALDING, and SLOAN, who either viewed it as inexpedient in itself, or as proper to be introduced into a distinct bill.

Mr. JACKSON said, as it was the wish of his friends, he would withdraw the motion, and offer it on another occasion.

No farther amendments having been offered the committee rose, and reported their agreement to the bill.

The House immediately considered the report.

The amendment limiting the imposition of the tax to the first day of January, 1808, was disagreed to; and the other amendments agreed to.

Mr. JACKSON inquired what the effects would be of the forfeiture of the cargo, in case slaves were smuggled into the United States? Would they be kept in the service of the United States? He did not wish to have any thing to do with them.

Mr. JOHN C. SMITH said, he had voted for the resolution; but the defects in the details of the bill were so glaring, that he hoped it would be referred to a select committee, that it might be so modified as to cure these defects; or, that in case it were found insusceptible of modification, it might be rejected. Mr. S. accordingly moved the recommitment of the bill to a select committee.

Mr. JACKSON advocated this motion, and remarked that the proviso of the bill that declared the duty should not be construed as giving a sanction to the importation of slaves, offered an additional reason for either rejecting or recommitting it. How could this language be used with propriety in a law, when the constitution, the highest authority, authorized the trade?

Mr. QUINCY spoke to the like effect, and further inquired, whether it was the intention of gentlemen to apply the provisions of the bill to slaves navigating the ships of the United States.

Messrs. HASTINGS and SLOAN defended the provisions of the bill as perfectly correct. They observed that slaves were considered as property, as merchandise, and could only, therefore, in the bill be treated as such.

The motion to recommit was lost--ayes 39, noes 61.

Mr. CROWNINSHIELD spoke against the bill, and moved its postponement to an indefinite day.

Messrs. JOHN C. SMITH, TAGGART, and RHEA of Tennessee, supported; and Messrs. SLOAN, ELMER, and SMILIE, opposed the motion; when the yeas and nays were called on it, and were--yeas 42, nays 69, as follows:

YEAS.--Willis Alston, jr., George M. Bedinger, Silas Betton, Phanuel Bishop, William Blackledge, Joseph Bryan, William Butler, Levi Casey, Martin Chittenden, Christopher Clark, Matthew Clay, Frederick Conrad, Jacob Crowninshield, Samuel W. Dana, John Davenport, junior, John Dawson, Elias Earle, Peter Early, James Elliot, James M. Garnett, Edwin Gray, James Holland, John G. Jackson, Walter Jones, Thomas Kenan, Robert Marion, Josiah Masters, William McCreery, David Meriwether, Thomas Moore, Timothy Pitkin, jr., Thomas M. Randolph, John Rhea of Tennessee, Thomas Sanford, O’Brien Smith, Thomas Spalding, Samuel Taggart, Samuel Tenney, David Thomas, Thomas W. Thompson, David R. Williams, and Thomas Wynns.

NAYS.--Isaac Anderson, John Archer, Joseph Barker, John Blake, jr., Thomas Blount, Robert Brown, John Chandler, John Claiborne, Joseph Clay, Leonard Covington, Richard Cutts, Ezra Darby, Ebenezer Elmer, William Ely, John W. Eppes, William Findlay, James Fisk, John Fowler, Peterson Goodwyn, Andrew Gregg, Isaiah L. Green, Silas Halsey, John Hamilton, Seth Hastings, David Holmes, David Hough, Nehemiah Knight, John Lambert, Michael Leib, Joseph Lewis, junior, Matthew Lyon, Patrick Magruder, Nicholas R. Moore, Jeremiah Morrow, Jonathan O. Mosely, Jeremiah Nelson, Thomas Newton, junior, Joseph H. Nicholson, Gideon Olin, John Pugh, John Rea of Pennsylvania, Jacob Richards, John Russell, Peter Sailly, Thomas Sammons, Martin G. Schuneman, Ebenezer Seaver, James Sloan, John Smilie, John Cotton Smith, John Smith, Samuel Smith, Henry Southard, Richard Stanford, Joseph Stanton, Lewis B. Sturges, Philip R. Thompson, Uri Tracy, Abram Trigg, Philip Van Cortlandt, Joseph B. Varnum, Peleg Wadsworth, John Whitehill, Robert Whitehill, Eliphalet Wickes, Marmaduke Williams, Alexander Wilson, and John Winston.

Mr. JACKSON moved to strike out the proviso of the bill, which motion was disagreed to; when the bill was ordered to be engrossed for a third reading to-morrow--ayes 69.

THURSDAY, February 6.

Another member, to wit, from South Carolina, RICHARD WYNN, appeared, produced his credentials, was qualified, and took his seat in the House.

FRIDAY, February 7.

Non-Importation of Slaves, into Territories.

On motion of Mr. D. R. WILLIAMS the House came to the following resolution:

Resolved, That a committee be appointed to inquire whether any, and if any, what additional provisions are necessary to prevent the importation of slaves into the Territories of the United States.

A committee of five members were appointed.

Removal of Federal Judges on the Address of Congress.

AMENDMENT TO THE CONSTITUTION.

Mr. J. RANDOLPH, agreeably to notice given by him yesterday, made the following motion:

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, That the following article be submitted to the Legislatures of the several States, which, when ratified and confirmed by the Legislatures of three-fourths of the said States, shall be valid and binding as a part of the Constitution of the United States: