,
Congress of the United Slates:
USE OF REPHESfiSTATlVKS.
•turday, February. %&.
CTakeh fo5 . IRA-L GAZETTE.]
On re'ading the journal 'this mornii
appeared that before the housd adjourfi< d fast
night an order passed the house that the
Veil should be called over, when it was found
that se-vcnty-f/iree memherfe were absent (some
¦with lea>e) whose names were accordingly
entered on tpffe journal.
Mr. Eppes moved to amend-the journal by
•inserting the hour of adjournments This
was agreed to, and it was mentioned " half
after 7 o'clock."
A committee of three members was cr-
. dered to be appointed, to bring in a bill, pur-
suant to the resolution last night agreed to
(respecting the repeal of the salt-tax, &c.)
The speaker laid on the table a letter from
the secretary of the treasury, transmitting a
statement of the public debt, and of. tire pay.
ments made tlierton for the last s years.—
Ordered to lie on the table.
The bill making appropriations for the
Support of government during the year 1807,
•was rend a third rinse and passed: as was
also the ball for the relief of Oliver Pollock.
The house went into committee of the
"Whole on the bill making compensation to
"Messrs. Lewis and Clark and their compani-
ons,.
Mr. Hastings moved to insert the names
of Wm. Eaton,------O'Bannon, and G. W.
Mann (so as to allow them the same quan-
tity of land as is granted to captains Lewis
and Clark, viz. 1600 acres.)—Carried, ayes
a 7, noes 42.
Mr. Hastings moved to insert several o-
thc-r names, which was lost.
. The dornmittee rose and reported the bill
"with amendments, which the house proceed-
ed immediately to consider.
Mr. Nelson hoped the house would not
agree to the first amendment (respecting ge-
neral Eaton, ------O'Bannon and G. W.
IVIann). It would be recollected, he said,
that a proposition had been brought for-
ward last session, to remunerate these men;
¦vvhy it had not been acted upon, he did not
know ; but if it was again brought forward
lio should vote for it, if he thought their
services deserved remuneration ; at present
(he had no documents to enable him to judex1.
He hoped, however, their names would not
be 'inserted in this bill ; there might be ma-
ny members in the house who thought that
tlie services of gen. Eaton and his associates
deserved a handsome compensation, and
that those of captains Lewis and Clark and
tlieir companions did not ; and so •vice, ver-
-rd
(persons were struck out—ayes 47—noes &i.
The bill was then ordered to be read a third
time.
Mr. Fisk, from the committee this day
appointed, presented a bill to repeal the du-
ty t>!i. salt, and continuing i.i force for a fur-
tli^-r time the Mediterranean fund. Bead
tvvicti'and referred to a committee of the
"Vv'liole to-day.
The house then went into a committee of
the whole on the bill for the relief of inva-
5in•¦:-;-.
Mr. Randolph offered a new section, (pro-
viding that the old soli!'?, of the revolu-
tion should receive a pension from tlie time
* "clock, and continued sitting until after
"t'v^elve : They were principally occupied
*vv-i*h the bill this day brought in by Mr.
? i sic, to repeal the duty on salt and to con-
t * i"i vie in force for a further time the Medi-
t**^ rraman fund, which, however, was at
S. rc:.-?
time when 'hose claims ought to com-
mence, or in the period fof captures af-
ter which the memorialists would not have
been intitled to crftnpebsat'i n from France/
ami of course c.'-. ol be intitled to indemni-
ty iiom the United States. •
The committee to whom were referred, the
memorials of sundry merchants and tra-
ders of «ho United StsMes, complaining
of spoliations and depredations © mmit-
ted on their lawful commerc? by French
cruizers, during the late European war,
and praying compensation therefor, have
considered the subject, and conceive it
their duty to report the following state
of facts :
On the 6th day of February, 1773, a
treaty of amity, and commerce was con-
cluded between the United States and
France, canta'inirig a variety of reciprocal
commercial simulations and regulations be-
tween the two countries, which are deemed
by both nations to be in force at the time
of the commencement of the late European
war, and to continue so for some time here-
2120 lbs
128a,
214 -
121
NORFOLK, Fnb. 24.
Arrived, brig Sally and Jenny, Rings, 6
days from Charleston.
Brig Famp, Stone, 13 days from St. Tho-
mas.—The barque Petersburg, Davis,
sailed the same day for this port ; . schr.
Richmond, Williams, 3 days previous to
that of the Fame ; schr. Swift, Seward, to
sail in one day.—Left there the 7th instant,
the ship William and Mary, Tiplwi, of
Norfolk, to sail in 7 days for Turks-Island.
Ship Governor Hodgson, Steel, 12 days
from Bermuda.
Ship Betsy, Tredwell, 47 days from Li-
verpool.—On the 18th ult. in lat. 40, N.
long, 18, W. spoke the ship Sally, of and
from New-York bound for Liverpool. On
the 16th instant, in lat. 38, 24, N. long, 63,
W. spoke the brig Georgia, of and from
Boston, bound to St. Croix, but 3 days, all
well.
Ship Reward, Flere, 53 days from
Guernsey. On the 31st ult. in lat. 35, 30,
N. Ion?. 65, W. spoke the schooner Ma-
ria, Chase, from Saco bound for Barbados,
out 6 days, all well.
Ship Rodman, Wood, put back in distress.
On Sunday the 1.5th instant, in lat. 37, N.
long. 75, W. lying to in a gale of wind from
the north, shifted her cargo & sprung a leak,
the ship Julia, Dogget, being then in sight,
broached to at the same time, but righted
shortly again.
The Franklin, Diana, from this port for
Antwerp, is ashore near the Isle of Rhea ;
part of the cargo expected to be saved.
Cleared, ship Jane, Evans, Isle of Rhea ;
sch's Eliza Tice, Tice, Philadelphia ; Nor-
folk, Dearie, Baltimore ; Phoenix, Sesson,
St. Bartholomews.
FRENCH SPOLIATIONS.
REPORT
Of the committee to -whom was referred on the
26th December last, the -petition of sundry
merchants of Charleston, South-Carolina.
The committee to whom was referred the
memorial of sundry merchants, residing
in Charleston, in the state of South-
Carolina, complaining of spoliations
committed on their lawful commerce by
the cruizers and other armed vessels of
France, during the late European war,
and praying compensation therefor,
REPORT,
That during the first session of the se-
venth congress, memorials were presented
to this house by the present memorialists,
and from the merchants in most of the
commercial towns in the United States,
complaining of the spoliations and depre-
dations which their lawful commerce in
the late European war, had sustained from
the French armed vessels, and praying
for compensation hom this government.—
These memorials were referred to a se-
lect committee, who, on 22d April, 1802,
made a long and full report of the public
acts of the French republic, and of this
government, and of the facts relative to
this case ; to which report your committee
beg leave to refer, and request that it may
be taken and considered as part of their
present report.
From a mature consideration of the sub-
ject, and from the best judgment your com-
mittee have been able to form on the case,
they are of opinion, that this government,
by expunging the second article of our con-
vention with France, of the 30th Septem-
ber, 1800, became bound to indemnify the
memorialists for those just claims, which
they otherwise would rightfully have had
on the government of France, for the spo-
liations committed on their commerce by
the illegal captures made by the crukers
and other armed vessels of that power, in
violation of the law of nations and in
breach of treaties then existing between
the .two nations ; which claims they were,
by the rejection of the said article of the
convention, forever barred from preferring
to the government of France for compeh-
sa'do©. Your committee beg leave to de-
after. On the c*h of Ma'
»793'
Great-Britain had become a party in the
war, and whilst the treaty between the U.
States' and Franee was considered to be in
force by. both nations, the national conven-
tion passed a decree relative to the com-
merce of neutrals, rhe first article of which
is m the following words : " The French
ships of war and privMcers may stop and
bring into the ports of ihe republic, such
neutral vessels as are loaded, in whole, or
in part, either with provisions belonging to
neutrals, and destined for enemie's ports, or
with merchandize belonging to enemies."
This dectee after beingseveraltimes repealed,
and re-enacted was finally repealed on the
7th of July following On the ad of Ju-
ly 1796, the executive directory made the ¦
following decree .: " That all neutral or
allied powers shall, without delay, be noti-
fied that the flag of the French republic
will treat neutral vessels, either as to con-
fiscation, as to searches or captures, in the
same mannef as they shall suffer the Eng-
lish to treat them." On the 1st of August,
seventeen hundred and ninety-six, the
special agents of the executiye directory to
the windward islands, made a -decree to the
following effect : " That all vessels loaded
with contraband, should be seized and con-
fiscated for the benefit of the captors." On
the 27th of November, 1796, the com-
mission delegated by the French republic
to the windward islands, n.ade a resolve to
the following effect : " Trial the captains
of French national vessels a»d privateers
are authorised to stop and bring into the
ports of the colony, American vessels bound
to English ports, or coming from the' said
ports." On the -1st of February, 1797,
the special agents of the French directory
to the windward islands, made a decree to
the following effect : " subjecting to cap-
ture and confiscation neutral vessels destined
for the windward and leeward islands of
America, delivered up to the English, and
occupied and defended by the emigrants.
These pirts are said to be, Martinico, St.
Lucie, Tobago. Demerara, Berbice, Esse-
quibo, Port-au-Prince, Si. Mark's, L'Arch-
aye, and Jeremie. The decree also sub-
jects to capture all vessels which have clear-
ed out for the West-Indies, generally.'1''
On the 2d ef March, 1797, the executive
directory made the following decree : •' Af-
ter the article 17 of the treaty of London,
of the 191b of November, 1794, all mer-
chandise of the enemy's or merchandise not
sufficiently ascertained to be neutral, con-
veyed under American flags, shall be con-
fiscated ; but the ship, on board of which
such merchandise shall be found, shall be
released and given to the proprietor. Tin:
commissaries of the directory are enjoined
to accelerate, by all the means in tlieir
power, the decision of the contests which,
shall arise, either upon the validity of the
captures of the cargoes, or upon freights
and ensurances."
" According to the iSth article of the
treaty of London, dated the 19th of No-
vember, 1794, relative to articles declared
contraband by the 24th article of the treaty
dated February the 6th, 1778, are added
the following :
" Ship timber oakum, pitch, and rosin ;
copper for sheathing vessels, sails, hemp
and cordage, and every thing which serves
directly or indirectly to the arming and
equipping of vessels, excepting bar iron,
and fir in planks. These articles shall bs
confiscated as often as they shall be destin-
ed, or attempted to be carried to the ene-
my."
" According to the 2lst article of the
treaty of London, of the above date, every
American, who shall hold a commission*
from the enemies of France, as well as every
seamen of that nation composing the crev.»
of the ships and ¦vessels, shall, by this Let
alone, be declared piratical, and treated as;
such, without suffering the party to esta-
blish that the act was the . consequence at
threats and violence." ,
" In pursuance of the law of the 14th
of February, 1793, the regulations of the
21st of Oetcber, 1794, and of the 2.6th of
July shall be complied with, according ta
their form and tenor."
" Every American ship shall therefore, be
deemed a lawful prize, which, shall pot
ln.ve on board a bill of lading in due form,
according to the plan annexed to the treaty
of the 6thFebruary, 1778, the execution of
which is e.njoined"by-the 25th and 27th ar-
ticles of that treaty."
" The commissioners of the executive di-
rectory are required to cany iijto effect the
penalties that attach on all clandestine at-
tempts that may be made by American, or
vessels belonging to any other nation, to
pass as neutral, on beam the v$Sj«l va;«.;«
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