MARCH, 1804.]

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Mr. GRISWOLD moved to strike out the first section, which is as follows:

"Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of defraying the expenses of equipping, officering, manning, and employing such of the armed vessels of the United States, as may be deemed requisite by the President of the United States, for protecting the commerce and seamen thereof, and for carrying on warlike operations against the Regency of Tripoli, or any other of the Barbary Powers, which may commit hostilities against the United States, and for the purpose also of defraying any other expenses incidental to the intercourse with the Barbary Powers, or which are authorized by this act, a duty of two and a half per centum ad valorem, in addition to the duties now imposed by law, shall be laid, levied, and collected upon all goods, wares, and merchandise, paying a duty ad valorem, which shall, after the thirtieth day of June next, be imported into the United States from any foreign port or place; and an addition of ten per centum shall be made to the said additional duty in respect to all goods, wares, and merchandise, imported in ships or Vessels not of the United States, and the duties imposed by this act shall be levied and collected in the same manner, and under the same regulations and allowances, as to drawbacks, mode of security, and time of payment, respectively, as are already prescribed by law, in relation to the duties now in force on the articles on which the said additional duty is laid by this act."

Mr. G. said, that it was much to be regretted that gentlemen had thought proper, upon this occasion, to connect with the great and ostensible object of the bill, any provisions which should produce a disunion in the House. The unfortunate event in the Mediterranean called loudly for vigorous and decisive measures, and he trusted there would not exist on the floor a difference of opinion on that point. For himself he was disposed to clothe the President with all the power, and to furnish him with all the means which were necessary to bring the war with Tripoli to a successful and speeedy termination. And when this was done, to make him, as he ought to be, responsible for the event.

It is always improper, said Mr. G., to connect in the same bill two subjects which are in their natures distinct; and much more improper upon this occasion, to tack to the provisions for the Mediterranean service, upon which there could be no difference of opinion, a new tax, in respect to which gentlemen could not agree.

The first section of the bill, which he had moved to strike out, imposed a new tax of two and a half per centum ad valorem on all goods now liable by law to an ad valorem duty. Goods paying at this time an ad valorem duty were divided into three classes-the first class was liable to a duty of twelve and a half per Gent; the second, to a duty of fifteen per cent.; and the third, to a duty of twenty per cent.

The addition of two and a half per cent. now

seventeen and a half, and twenty-two and a half per cent., when the goods were imported in American bottoms; and if they were imfurther increased by the addition of ten per ported in foreign bottoms, the duties would be

cent.

This view of the import, said Mr. G., will satisfy gentlemen that the duties are already high, and that the proposed addition will render them enormous. This step, therefore, ought not to be hazarded, unless the necessities of the Government are absolutely imperious, and no other means can be resorted to for obtaining the money.

The proposed tax, if fairly collected, would produce at least $750,000 per annum. This into the United States of goods now liable to result might be seen from a view of the imports an ad valorem duty. From the last official report, it appeared that the importation of goods of that description, amounted in that year to about forty millions of dollars-the two and a half per cent. on the whole sum would, of course, produce one million, but, allowing for the drawback of duties on goods exported, the net revenue could not be less than $750,000. Why, then, impose a tax of seven hundred and fifty thousand dollars to meet an expenditure which will not probably exceed four or five hundred thousand

dollars?

MR. NICHOLSON.-We are now about to authorize a greater expense than usual, and the Legislature are called upon to provide means for its discharge. For one, said Mr. N., I can never consent to add to the public debt, while the resources of the country are adequate to its wants. These are my ideas; and I feel somewhat surprised at the calculation of the gentleman from Connecticut, on the expense about to be incurred. He estimates this expense at $388,000; though yesterday when this subject was laid before the Committee of Ways and Means, and it was contemplated to provide $750,000, he moved to strike out $750,000, and insert $1,000,000. And yet he now tells us that only $388,000 are required. As to the specie in the Treasury, the gentleman states that on the 1st of October there were $5,000,000. But with what disbursements is this chargeable? Out of it there are to be paid American citizens for French spoliations the sum of $3,750,000 in cash, which must remain in the Treasury, that just claims may be paid as soon as presented. Under the British Convention there is to be paid $800,000; and there is likewise to be paid the interest on Louisiana stock, amounting to $685,000; the aggregate of which sums is $5,235,000. Not having made this calculation until the gentleman made his observation, it is possible it may not be perfectly correct.

When the loss of the Philadelphia was announced, my first inquiry of the Secretary of the Treasury was what money could be spared from the Treasury for the prosecution of vigorous measures. His answer was, that the great

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est sum which could be spared would not exceed $150,000. I did not, like the gentleman, go to the clerks or to the navy yard; but I got the best information I could.

The gentleman from Connecticut, who appears willing to incur an expense of a million of dollars, while he is unwilling to provide the means of meeting it, objects to the mode of raising revenue proposed by the Committee of Ways and Means, without proposing any other. He objects to the laying additional duties on imported goods. In his remarks he has made an erroneous statement of the quantity of goods on which ad valorem duties are paid. His error has arisen from not deducting the amount of drawbacks. By an official statement made this session, it will be found that during the year 1802, goods paying ad valorem duties were as follows:

The average duty on goods charged ad valorem is about thirteen and a half per cent. Let us consider the duties paid by other articles. The gentleman says in laying duties there is a point beyond which we cannot go in safety on account of the temptation to smuggling. This is true. But of all goods imported those chargeable with ad valorem duties are the most difficult to smuggle. The invoices are made out in the country from which they are imported. These must be authenticated, and presented at the custom-house and sworn to. If the collector has any reason to suspect that there are goods on board of a vessel, not in the entry, he is to make a thorough examination of the vessel. If he sees a bale in which he suspects there are goods not stated in the invoice, it is in his power to have it examined. I believe there is but little smuggling at this time; but that the articles on which there is most smuggling are rum and coffee. If the gentleman allows that the duty on articles charged specifically is not so high as to encourage smuggling to any great or dangerous extent, he will allow the same in the case of articles charged ad valorem. The great articles from which revenue is obtained,

are

Spirits, which pay an average duty of twentynine and two-tenth cents, and which produce $2,253,496, and cost the importer from twentyfive to fifty cents per gallon. Spirits which pay twenty-five cents a gallon do not cost the importer more than fifty cents, and consequently pay a duty of fifty per cent. on the price of the article. Spirits of the third proof pay twentyeight cents, and do not cost more than fifty-six cents a gallon, which is equal to a duty of fifty per cent. So with spirits of higher proof. From this article is derived more than a fifth of our revenue, and yet I never heard the amount of the duty complained of, until a few

[MARCH, 1804. days since a petition was presented from the merchants of Connecticut. It is certain that Congress have never considered it so high as to encourage smuggling.

Of imported sugars 39,443,814 lbs. are consumed within the United States, which pay, on an average, a duty of two and a half cents per pound. The price of brown sugar to the importer is about five or six dollars the hundred. The duty is therefore between forty-five and fifty per cent. Is this duty considered so high as to encourage smuggling? If not, shall gentlemen complain when we are about to lay an additional duty of two and a half per cent. upon articles now chargeable with duties of from twelve and a half to twenty per cent.?

Of salt there is consumed 3,244,309 bushels in the United States. It pays a duty of twenty cents a bushel. In many instances this is equal to the first cost; and amounts therefore to one hundred per cent.

The consumption of wines amounts to 1,912,274 gallons, and the average duty is thirty-three cents. The duty on Madeira wine is fifty-eight cents, and it costs the importer one dollar and twenty-five cents. The duty therefore amounts to near fifty per cent. If the cost be taken at one dollar and fifty cents, the duty will be thirty-three and a third per cent. And yet it is not complained that it encourages smuggling.

The greater part of goods charged ad valorem are woollens, linens, manufactures of steel, brass, and articles of a similar kind, and muslins. In a muslin gown the additional duty will make a difference of about five cents. India muslins cost about fifteen cents a yard, and English about twenty-five cents. The additional duty will therefore be about threeeighths of a cent on India, and about threefourths of a cent on English muslins. This I consider a burden which no one can feel. The additional duty on linens will be equally unfelt. In a bale of osnaburgs, which costs twenty cents, the additional duty on a hundred yards will not exceed fifty cents. So as to Irish linens and woollens. The difference in a coarse suit of clothes for a common man will not be more than twenty-five cents, and that of a better kind will not exceed one dollar and twentyfive cents. I am surprised, after taking this view of the operation of the proposed duty, that gentlemen should dwell upon the great burden it will impose, when it can, in truth, scarcely be felt by the poorest man in the country. It is indeed of no consideration but on account of the money raised by it, which I have estimated at about $750,000.

The gentleman from Connecticut thinks he has discovered in the second section a design that is not avowed, to wit: to liberate the present resources from their application to the support of the Navy. I wonder, however, that the gentleman, before he made this unguarded remark, did not read the section through. He would then have seen that the fund established

by this act is to exist no longer than three months after the discontinuance of war in the Mediterranean. Nor is it true that the whole expenses of the Navy are in the Mediterranean. It is true, that at this time they are principally there. But there is likewise considerable expense incurred here in the navy yard on the ships, and on the half-pay of officers not in actaal service. Whence the gentleman deduces the inference, when the bill itself declares that the new duties shall cease three months after the end of the war, I am altogether at a loss to comprehend. The duties are to cease with the occasion which produced them. When we shall no longer be at war, the war duties will be at an end. Mr. DANA.-The gentleman from Maryland must surely have committed a mistake, when he said that there is no measure proposed on his side of the House which does not meet with opposition. When the President considered vigorous measures necessary against the Emperor of Morocco, the Journal will show that we entered into them unanimously. Nor is the objection now urged in any way an objection to the general measure contemplated. The only objection is to the imposition of unnecessary Laxes. If the force necessary to be sent into the Mediterranean will not exceed an expense of $380,000, the necessity of the imposition of the proposed taxes surely does not exist. I admit that, after the force is raised, the President, in virtue of his authority as commanderin-chief, is to have its whole direction; but it is perfectly novel to me to learn that we are not previously to be informed of the extent to which it is proposed to carry it. If to the

present number of vessels in service we add

two frigates and five smaller vessels, they will require only an additional appropriation of $354,000. This, I believe, is the full extent of the additional force contemplated. As to raising money to that amount, I make no objection. Though I dislike laying duties thus in gross, yet I do not know that there can be any great objection to it. The sum proposed to be raised will give $750,000, which is more than double the sum necessary.

Is it proper thus to raise these duties, and hold forth to the nation that the commerce of the Mediterranean is so expensive? The late disaster in the Mediterranean is not of itself an adequate cause for the measure. I object to this measure, because it goes to give an improper impression of the causes of the bill.

Mr. NICHOLSON said, the gentleman from Connecticut seemed to consider the object too general; he would, in case the committee refused to strike out the first section, move to limit the application of the fund "to protect the commerce and seamen of the United States in the Mediterranean."

The question was then taken on striking out the first section, and passed in the negative

aves 26.

Mr. N. then offered the amendment just stated.

VOL III-11

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Mr. EUSTIS hoped the gentleman from Maryland would withdraw his amendment, as in a subsequent part of the bill the object is distinctly specified. It is altogether unnecessary; and if agreed to, it will be necessary to add, or adjacent seas."

Mr. NICHOLSON said, he considered the amendment as unnecessary; but as he had promised to make it, he could not withdraw it.

Mr. J. RANDOLPH said he would suggest one reason why it ought not to obtain. One of the Barbary Powers possessed a coast out of the Mediterranean. If the misfortune of the United States should dispose this power, (Morocco,) already predisposed to hostility, to war upon the United States, it would not be in our power to block up the port of Sallee, and several other ports out of the Mediterranean.

The question was taken on the amendment, which was lost without a division. The committee then rose and reported the bill without amendment.

The House immediately took it up-when Mr. R. GRISWOLD renewed his motion to strike out the first section.

The question on striking out the first section was taken by yeas and nays-yeas 28, nays 77.

House resolving itself into a Committee of the Mr. J. LEWIS said he should vote against the Whole, and should that motion be negatived, he would move to discharge the Committee of the Whole from all further consideration of the resolutions. The question was taken on going into committee, and lost-yeas 20.

Mr. J. LEWIS then moved to discharge the committee. This motion was carried without debate-yeas 53, embracing a great majority of the members present.

MONDAY, March 26.
Impeachment of Judge Chase.

Mr. JOHN RANDOLPH, from the committee appointed on the thirteenth instant, to prepare and report articles of impeachment against Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, made a report thereon, which was read.

Ordered, That the said report be printed for the use of the members of both Houses; and

NOVEMBER, 1804.]

[SENATE.

MONDAY, November 5, 1804.

The second session of the Eighth Congress, conformably to the act passed at the last session, entitled, "An act altering the time for the next meeting of Congress," commenced this day; and the Senate assembled at the City of Washington.

PRESENT:

AARON BURE, Vice President of the United

States and President of the Senate.

SIMEON OLCOTT and WILLIAM PLUMER, from New Hampshire.

JOHN QUINCY ADAMS, from Massachusetts. TRIAH TRACY, from Connecticut. CHRISTOPHER ELLERY, from Rhode Island. STEPHEN R. BRADLEY and ISRAEL SMITH, from Vermont.

JOHN CONDIT, from New Jersey. SAMUEL WHITE, from Delaware. SAMUEL SMITH, from Maryland. ABRAHAM BALDWIN, from Georgia; and THOMAS WORTHINGTON, from Ohio. WILLIAM B. GILES, appointed a Senator by the Executive of the Commonwealth of Virginia, in place of Abraham B. Venable, resigned, took his seat, and his credentials were read.

The VICE PRESIDENT gave notice that he had received a letter from WILLIAM HILL WELLS, & Senator from the State of Delaware, resigning his seat in the Senate.

The number of Senators present not being sufficient to constitute a quorum, the Senate adjourned.

to notify the Executive of the State of Delaware of the resignation of Mr. Wells. No quorum being present, the Senate adjourned.

WEDNESDAY, November 7.

ROBERT WRIGHT, from the State of Maryland, attended.

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

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled and ready to proceed to business. The House of their part, jointly, with such committee as the Representatives have appointed a committee on Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled and ready to receive any communications that he may be pleased to make to them. The House that two chaplains, of different denominations, of Representatives have also passed a resolution be appointed to Congress for the present session, one by each House, who shall interchange sire the concurrence of the Senate. weekly; in which several resolutions they de

The Senate took into consideration the resolution of the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled; and concurred therein, and Messrs. SAMUEL SMITH and BALDWIN were appointed the committee on the part of the Senate.

The Senate took into consideration the Resolution of the House of Representatives for the appointment of two chaplains to Congress during the present session, and, having agreed thereto, proceeded to the choice of a chaplain on their part; and the Rev. Mr. MCCORMICK was duly elected.

Mr. SAMUEL SMITH reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of this day, and that the President