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FEBRUARY, 1812.

Disabled Officers and Soldiers.

bered that I invited, that I solicited the friendly aid of all to amend its defects, and to render as efficacious as possible a system which seems to meet with the approbation of all, and the want of which has so long disgraced the country, and daily presents to you, even at the portals of your Capitol, the aged, infirm, and superannuated soldier, shivering in the blast, and, like Belisarius the Great, asking in vain for the "crumbs which fall from the rich man's table."

No proposition of amendment was made, except one by an honorable gentleman from Pennsylvania, which, I believe, his candor induced him to withdraw, and one by an honorable gentleman from South Carolina, supported by his honorable neighbor from North Carolina, to which I assented, and it forms part of the bill.'

When the Committee rose, the bill was, on my motion, contrary to practice, laid on the table for three days, for the avowed purpose of enabling gentlemen to search out its defects. These three days were extended to three weeks; owing to the pressure of public business, and, perhaps, to my not being able to call it up, in consequence of my indisposition. It was taken up on last Wednesday or Thursday, and passed to its present stage, without any propositions to amend, on the motion then, and, for the accommodation of the vener able gentleman from Tennessee, its third reading was postponed.

This, sir, is the history of the bill, and after the delays which have taken place, and the many opportunities which have been given to amend it, particularly to the gentleman from Connecticut, whom I know to be a military man, and whose friendly aid I did invite to amend its defects, I do not think it fair, candid, or liberal, to attack the bill in detail at this stage, when its defects cannot be remedied. I will, however, endeavor to remove the objections stated by the honorable gentleman from Connecticut. [Here Mr. D. proceeded to show that the last clause gave to the President the power of fixing the rank and grade of the officers who would receive pay according to that rank; and, that the requisites in the fifth clause were so numerous and strict that it would be impossible for any person to get into the corps without he was justly entitled.]

Mr. Speaker, I ought here to ask pardon of the venerable gentleman from Tennessee for having omitted to mention that, when in Committee of the Whole, some amendments were proposed by that gentleman and rejected without a division. I might, perhaps, be pardoned by the House, should I improve this opportunity, and express to that gentleman the high sense which I entertain for his eminent services; but, sir, when I reflect on the sublimity and extent of his genius, the mind exerted flies back on itself, and is rendered unequal to the task.

The politeness and urbanity of his manners, the grace and dignity of his elocution and attitudes, while they entrance the imagination and rivet the attention of all who hear him, assure a rich feast to the understanding. With a heart |

H. of R.

truly benevolent, he daily enlightens the path of this bewildered House on every subject of legislation which is brought before them. Not content with traversing these States from one extreme to the other, and opening an easy communication through that country where the untutored savage reigns-with establishing offices in the various posts, from which his speeches in this House, and other useful information, is conveyed to every class of our fellow-citizens-his mighty genius soars to far other objects. At one moment we behold him rapidly descending from the summit of Spencer's mountain,* bounding over this immense plain, marshalling the military force of the United States according to order-regulars, volunteers, and militia-and fixing to each its Constitutional limits; thence marching to the Heights of Abraham, capturing and captivating all who behold him, and there plucking the unfading laurel from the brows of Montgomery and Wolfe. We next behold him visiting our seaport towns in the most courteous manner, and, with gunboats and bombs, erecting fortifications which shall defy the united armadas of Europe. Nay, sir, we see him boldly adventuring on the watery deep, and there, to the astonishment of the finny tribe, building a ship, the like of which was never seen, and far surpassing in size any ever contemplated by the inhabitants of that country which gave birth to the celebrated Don Quixotte and the renowned Sancho Panza, and which the great Bonaparte now endeavors in vain to subjugate to his arms.

Mr. Speaker, while inclination and justice call on me to pay my homage, and this tribute, to the superior talents of the venerable gentleman from Tennessee, candor obliges me to declare that he has not discovered on this occasion that perspicuity which in general marks his character. With a soul, no doubt honest and honorable, to render service to this meritorious and long neglected class of our fellow-citizens, he has adopted the best means to defeat them. His ingenuity alone could have invented them; and, sir, I do assert that, should that bill fail, and these poor fellows be delayed in receiving that pittance which it proposes to give them, it must, it will be attributed to the aid which they have received from that venĕrable gentleman.

Mr. TALLMADGE spoke in favor of the bill generally, but objected to certain parts of the details. On which account, Mr. GOLD moved to_recommit the bill. This motion was negatived-50 to 37; and afterwards the bill was lost-yeas 47, nays 57, as follows:

YEAS-William Anderson, John Baker, Burwell Bassett, William Blackledge, Jas. Breckenridge, Elijah Brigham, William Butler, Matthew Clay, John Dawson, James Fisk, Asa Fitch, Thomas Gholson, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Felix Grundy, Obed Hall, Aylett Hawes, Lyman Law, Joseph Lewis, jr., Robert Le Roy Livingston, Thomas

A very high mountain in Tennessee.

On the Navy bill, Mr. RHEA proposed to build the largest ship which ever was, and which should beat all others.

H. of R.

Battle on the Wabash.

Moore, Archibald McBryde, James Milnor, Jeremiah
Morrow, Jonathan O. Moseley, Hugh Nelson, Anthony
New, Thomas Newton, Stephen Ormsby, James Plea-
sants, jr., Josiah Quincy, William Reed, Henry M.
Ridgely, Samuel Ringgold, John Sevier, Adam Seybert,
Daniel Sheffey, George Smith, John Smith, Philip
Stuart, Lewis B. Sturges, John Taliaferro, Laban
Wheaton, Leonard White, Thomas Wilson, and Ro-
bert Wright.

FEBRUARY, 1812.

were wounded, and to the legal representatives of those who were killed in the said battle, to complete the pay. ments due, or which may fall due to the United States, on any purchase of the public lands made by them before the said battle.

Ordered, That a bill be brought in, pursuant to the said resolutions; and that the committee appointed on that part of the President's Message which relates to Indian affairs do prepare and

TUESDAY, February 11.

The SPEAKER laid before the House a resolu

tion of the Legislature of the State of Georgia, ratifying and confirming an amendment proposed by Congress to the Constitution of the United States, relative to titles of nobility; which was read, and ordered to lie on the table.

NAYS-Willis Alston, jr., Stevenson Archer, Wil-bring in the same. liam W. Bibb, Adam Boyd, Robert Brown, William A. Burwell, John C. Calhoun, Epaphroditus Champion, Langdon Cheves, James Cochran, Lewis Condit, William Crawford, John Davenport, jr., Roger Davis, Joseph Desha, Samuel Dinsmoor, Elias Earle, Meshack Franklin, Peterson Goodwyn, Isaiah L. Green, Bolling Hall, John A. Harper, Jacob Hufty, John M. Hyneman, Joseph Kent, William R. King, Abner Lacock, William Lowndes, Aaron Lyle, George C. Maxwell, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, James Morgan, Thomas Newbold, Israel Pickens, William Piper, Benjamin Pond, William M. Richardson, John Rhea, John Roane, Jonathan Roberts, William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, John Smilie, Richard Stanford, Silas Stow, Samuel Taggart, Uri Tracy, Charles Turner, jr., Pierre Van Cortlandt, jr., Robert Whitehill, David R. Williams, and William Widgery.

BATTLE OF THE WABASH.

The House again resolved itself into a Committee on the report of a select committee on certain petitions in relation to the affair on the Wabash; when Mr. JENNINGS' amendment, which proposed allowing the widows, &c., of the slain officers and soldiers bounties in land, instead of money, was negatived. The resolutions allowing the bounties, pensions, &c., as recommended by the select committee, were all agreed to. The report of the Committee of the Whole was concurred in by the House, as follows:

Mr. NEWTON, from the Committee of Commerce and Manufactures, to whom was referred the bill from the Senate "respecting the enrolling and licensing of steamboats," reported the same without amendment.

Ordered, That the said bill be committed to a Committee of the Whole House on Thursday

next.

Mr. WILLIAMS, from the committee appointed on that part of the President's Message which relates to detachments of militia, and to such a preparation of the great body as will proportion its usefulness to its intrinsic capacity, presented a bill supplementary to "An act making provision for arming and equipping the whole body of the militia of the United States;" which was read twice, and committed to a Committee of the Whole to-morrow..

On motion of Mr. WILLIAMS,

Resolved, That the committee appointed on so

1. Resolved, That one month's pay ought to be al-much of the Message of the President as relates lowed, in addition to the common allowance, to the to military affairs, be directed to inquire into the officers, (according to the rank which they held,) the expediency of authorizing the enlargement of the non-commissioned officers, and privates, of the regulars, armories of the United States, and the establishvolunteers, and militia, and to the legal representatives ment of an additional number; and that they of those who were killed, or have since died of their have leave to report by bill, or otherwise. wounds, composing the army under the command of Mr. WRIGHT, from the committee appointed Gov. Harrison, in the late campaign on the Wabash. on the petition of Arthur St. Clair, reported a bill 2. Resolved, That five years' half pay ought to be for the relief of Arthur St. Clair; which was allowed to the legal representatives of the officers, (ac-read twice, and committed to a Committee of the cording to the rank which they held,) the non-com- Whole to-morrow. missioned officers, and privates, of the volunteers and militia, who were killed in the battle of the seventh of November, one thousand eight hundred and eleven, or who have since died of their wounds.

3. Resolved, That provision ought to be made by law to place on the pension list of the United States the officers, (according to the rank which they held,) the non-commissioned officers, and soldiers, of the volunteers and militia, who served in the late campaign on the Wabash, under the command of Governor Harrison, who have been wounded or disabled in the said campaign.

4. Resolved, That provision ought to be made by law to pay for the horses and other property of individuals lost in, or in consequence of, the said battle. 5. Resolved, That the further time ofyears ought to be allowed to the officers and soldiers who

A message from the Senate informed the House that the Senate have passed the bill "for the more convenient taking of affidavits and bail in civil causes depending in the Courts of the United States," with amendments; to which they desire the concurrence of this House.

The House resolved itself into a Committee of the Whole, on the bill for the relief of the Board of Commissioners west of Pearl river. The Committee reported the bill without amendment, and it was ordered to a third reading. [This bill merely goes to allow the commissioners for a certain number of days which they sat beyond the period contemplated in the law under which they acted.]

The House went into a Committee on the bill

FEBRUARY, 1812.

Marriage Licenses—Revolutionary Claims.

for the benefit of Christopher Miller, which was reported without amendment, and ordered to a third reading. [This bill allows C. Miller 950 acres of land for services performed under General Wayne.]

The House went into Committee, on the report of the Committee of Claims, on the petition of John Murray, who prayed for the settlement of certain loan office certificates."

After some debate on this report, it was observed, that this claim came properly under the description of those claims, respecting which the Committee of Claims had made a report to the House, recommending the repeal of the statute of limitations. It was therefore moved, that the Committee rise and ask leave to sit again, in order to afford an opportunity of going into a committee on that report.-Carried.

MARRIAGE, LICENSES.

The House went into a Committee on the bill relating to marriage licenses, in Washington county, in the District of Columbia, and directing the application of the tax thereon.

Mr. DAWSON moved to strike out the first section of the bill, with a view to destroy it, as it contained a principle which he did not wish to see adopted.

Mr. LEWIS said the bill proposed no new tax. The laws of Maryland already impose a tax of four dollars upon every marriage license, and marriage licenses issued in Washington county are now subject to this tax; this bill went only to appropriate the money for the promotion of learning in the District.

Mr. CLAY (the Speaker) knew not which most to admire, the conduct of the opposer or supporter of this bill. If he understood the gentleman last up, there is at present a law taxing marriages, but no authority to collect the tax, which is the same as if there was no law on the subject. As he thought with the gentleman first up, that marraiges ought not to be taxed, but promoted, he should vote with him for striking out the first section of the bill.

Mr. SMILIE said, it was a little singular that one bachelor should support this bill, and another oppose it. He hoped, however, there would be no difference of opinion amongst the married members on this subject. He would be in favor, rather of giving a bounty on marriages, than of laying a tax upon them. The citizens of Washington wishing to raise money in this way to support their academy, put him in mind of what happened long ago in England. When the building of a mansion house was in agitation, the party in power determined to get the funds for the purpose out of the dissenters. They therefore laid a tax upon any dissenters who refused to suffer their names to be held up for certain offices; and another tax on those who were elected, and refused to take the sacrament in a manner which their consciences forbade. He would prefer a tax on bachelors over twenty-five, to a tax on marriages, and this would include both the gentlemen.

H. OF R.

The section was struck out, there being fortyseven members for it.

The Committee rose and reported the amendment; and after some humorous observations in favor of retaining the section, by Mr. MILNOR, the House concurred with the Committee in striking out the section. Of course the bill was lost.

REVOLUTIONARY CLAIMS.

The House resolved itself into a Committee of the Whole, on a report of the Committee of Claims recommending certain claims, (including the dif erent species of liquidated claims) to be exempted from the operation of the statute of limitation. It was found that the Committee of the Whole had agreed to this resolution; but that there was another in the following words, referred to the same Committee, not acted upon.

"Resolved, That the Committee of Claims be instructed to inquire into the merits of all claims which may be referred to them, which originated during the be barred by the statute of limitation, and that they Revolutionary war, notwithstanding such claims may report their opinion thereon to the House."

The Committee took this resolution into consideration, and after considerable debate, in which Messrs. GHOLSON, CLAY, WRIGHT, FISK, and GOLD, supported, and Messrs. STANFORD, SMILIE, ALSTON, BOYD, and ROBERTS, opposed the reso. lution, it was carried, 52 votes being for it.

tion to the House; but no decision was taken upon The Committee rose and reported the resoluit before the House adjourned.

WEDNESDAY, February 12.

Mr. TROUP presented to the House a resolution of the General Assembly of the State of Georgia, approbatory of the measures pursued by the General Government in relation to our foreign concerns, and declaratory of their determination to support such measures as may be adopted to maintain the rights and honor of the country.— Referred to the committee appointed on that part of the President's Message which relates to loreign relations.

Mr. DESHA presented several petitions of sundry inhabitants of the United States, praying that the lands belonging to the United States may be leased out to persons applying for that purpose, for a certain number of years, and at a certain price per year, to be fixed upon by Congress.-Referred to the Committee on the Public Lands.

On motion of Mr. BURWELL,

Resolved, That the Secretary of War be diFected to lay before this House a list of persons on the pension list, the State or Territory in which they live, and the amount annually allowed each person by law.

An engrossed bill for the relief of the Board of Commissioners west of Pearl river, was read the third time, and passed.

An engrossed bill for the relief of Christopher Miller was read the third time, and passed.

The House proceeded to consider the amend

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ments of the Senate to the bill "for the more convenient taking of affidavits and bail in civil causes depending in the Courts of the United States;" which were concurred in by the House. Mr. TALLMADGE, from the committee to whom was referred the report of the Postmaster General respecting the repairs of the public building, called Blodget's Hotel," reported a bill supplementary to an act providing for the accommodation of the General Post Office, the Patent Of fice, and for other purposes; which was twice read, and committed..

DRAWBACK OF DUTIES.

Mr. NEWTON, from the Committee of Commerce and Manufactures, made an unfavorable report on the petition of George R. Rapelye, and others, of the city of New York; which was concurred in by the House. The report is as

follows:

The petitioners state, that their respective firms purchased of the firm of Ingraham, Phoenix, and Nixsen, goods, entitled, on exportation, to the drawback of duties, and which the petitioners purchased and exported under the persuasion that the debentures which issued from the custom-house would be duly paid.

In this calculation they have been disappointed, as the firm of Ingraham, Phoenix, and Nixsen, which imported the goods, and entered the same for exportation, has since failed, without paying the duties, amounting to about ninety-six thousand dollars, to the United States. The petitioners solicit Congress to pass an act directing the collector of the customs for the port of New York to pay the debentures which they hold, notwithstanding the duties have not been paid by the firm of Ingraham, Phoenix, and Nixsen, the importers

of the goods.

If Congress refuse to accede to this solicitation of the petitioners, they then pray that an act may pass to authorize them to institute a suit against the collector for the port of New York, for the amount of the debentures, inasmuch as the non-payment of the duties by the firm of Ingraham, Phoenix, and Nixsen, is fairly chargeable to the negligence of the collector, in not taking responsible sureties to the duty bonds.

The committee can see no ground on which the first proposition can be supported; the law, in letter and spirit, is opposed to it. The law says: of an exportation of goods shall a drawback be paid, "In no case until the duties, on the importation thereof, shall have been first received," No duties, on the goods imported by the firm of Ingraham, Phoenix, and Nixsen, have as yet been paid, or are likely, as the committee understand, to be paid; the petitioners, therefore, are not entitled to receive the amount of their respective debentures. The law, as it stands, clearly evinces the soundness of the principles, on which it is founded; no case could have occurred more apposite to prove the necessity of such a provision for the security of the Treasury.

The drawback of duties is allowed on two grounds: first, the exportation of goods within twelve months, calculating from the time of entry; and, secondly, on the payment of duties to the United States, before, or after, such exportation.

The goods may be exported, but, if the duties, on their importation, are not paid, there can be no legal right to demand the payment of the debentures. The

FEBRUARY, 1812.

wise framers of the law never intended that a system, which they constructed for the encouragement of commerce and enterprise, should operate in such a way as to drain the Treasury. To sustain the present appli cation, would, undoubtedly, produce this effect.

The second proposition cannot, in any view in which it can be presented to the mind, be considered as tensuch duties as the law prescribes: in this case, if he able. The collector is responsible for the omission of has omitted to perform a duty assigned to him, the United States are alone the loser-the petitioners only fortuitously so-an accident against which speculations cannot be secured. The remedy of the petitioners is against the sellers of the merchandise. If the petitioners fail in obtaining redress against the firm of Ingraham, Phoenix, and Nixsen, in the responsibility of which they confided, their case is remediless. The committee cannot transcend the limits of the Constitution, or the sound and correct principles of jurisprudence, in recommending the passage of a law which shall be endued with a retroactive operation. They, therefore, submit the following resolution to the House: draw their petition. Resolved, That the petitioners have leave to with

UNITED STATES' BANK NOTES.

On motion of Mr. BACON, the House went into a Committee of the Whole, on the bill to repeal the tenth section of the act establishing the Bank of the United States.

and Means had thought it necessary to bring for Mr. BACON said, that the Committee of Ways ward this bill, in consequence of a decision which had been made in the Circuit Court of Virginia, that the notes issued by the Bank of the United States are still a tender in payments to the collectors and other officers of the United States. The committee do not know on what ground this opinion was given; they had conceived that as the limitation of the law had expired, no part of it could still have force. But, as this opinion has been given by the Chief Justice of the United States, it produces great inconvenience to the officers of the United States, as the notes of the several branches, say Charleston, Savannah, New Orleans, &c., will be paid only at the branches from which they issue.

Some irregular debate took place on the prothat the whole law having expired, it was altopriety of passing the bill at all. It was contended gether unnecessary, not to say improper, to pass a bill to repeal a section of that law. It was replied by the Chairman of the Committee of Ways and Means, and others, that as the passing of the bill would prevent any further trouble to the public officers, and it could have no influence on anything which had heretofore taken place, its passage was desirable.

The Committee rose, and the House ordered the bill to a third reading.

SALARIES OF OFFICERS.

On motion of Mr BACON, the House went into a Committee of the Whole on the bill to continue in force for a limited-time the salaries of certain officers of Government therein mentioned.

Mr. BACON stated, that this bill was intended to continue in force a law passed in 1799, for in

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creasing the salaries of the Heads of Departments, and other officers of the Government, which had been continued from time to time ever since. Mr. B. stated what the several salaries were before this law passed, and what they had been since, and left it for the Committee to decide on the propriety of passing the bill.

Mr. STANFORD disliked the phraseology of the limitation clause to this bill, which was "for three years and to the end of the next session of Congress thereafter." He said the bill might as well be made for four at once. He made two unsuccessful attempts to amend the bill in this respect.

Mr. S. then moved to amend the bill, by adding to the salary of the Postmaster General (over and above the argument included in the bill) five hundred dollars per annum; and to the first Assistant Postmaster General, three hundred dollars.

A division of the motion was called for, and the addition to the Postmaster General was carried, 58 to 24.

But the question being put on adding three hundred dollars to the salary of the first Assistant Postmaster General, it was opposed by Mr. BASSETT and Mr. LACOCK, and supported by Mr. TALLMADGE. On motion of Mr. KEY, who thought it would be well to take a longer time to consider the subject, the Committee rose and obtained leave to sit again.

THURSDAY, February 13.

H. OF R.

This proposition was objected to by Mr. TROUP, principally because it appeared to him to be a subject for judicial investigation, and because the Territory of Orleans was not represented on this floor. It was supported by Messrs. POINDEXTER and MCKEE, because the tax in question was a grievous one on the people of the Western country, and said to be unconstitutional, as being a tax on exports; which was a sufficient ground for inquiry into the subject. If the Territory should send a delegate to the present Congress, he would arrive in time for the final decision on the report of the committee proposed to be constituted, &c.

The resolution was agreed to by a considerable majority, and a committee of five accordingly appointed.

ARMING THE MILITIA.

The House resolved inself into a Committee of the Whole, on the bill providing for arming the whole body of the militia of the United States.

Mr. WILLIAMS explained the objects of the bill, and how the committee who reported it had endeavored to divest this plan of the features which were objected to when it was incorporated in the classification bill.

Mr. ROBERTS, after expressing his desire to vote for the bill, if it could be amended so as to secure its avowed object in the State which he represented, as well as in other States, which had already made provision for arming their militia, moved to amend the section for distributing the arms, by adding thereto the words "or in such manner as the Legislatures of the respective

On motion of Mr. SEAVER, the select commit-States or Territories may by law direct." tee were discharged from the consideration of This motion was negatived, 43 to 40. the petition of Silas Stone, and it was referred to Mr. ROBERTS then moved to strike out the first the select committee appointed on the bill from section of the bill, with a view to destroy it; as the Senate "to promote the progress of science he thought, in its present form, the carrying it and useful arts, by securing, for a limited time, into effect would be attended with great inconto the inventors, the exclusive right to their re-venience. He particularly objected to the fines spective discoveries."

Mr. McKIM presented a document in support of the petition of James H. McCulloch; which was referred to the Committee of the Whole on the report of the Committee of Ways and Mears on the several petitions of the Collectors of Philadelphia, Norfolk, Plymouth, and Baltimore.

A message from the Senate informed the House that the Senate have passed the bill "making appropriations for the support of an additional military force," with an amendment; in which they desire the concurrence of this House.

On motion of Mr. WRIGHT, a committee was appointed to inquire into the expediency of rendering the Representatives Chamber more convenient to the despatch of public business, and of finishing the same.

On motion of Mr. POINDEXTER, the House took up for consideration the resolution, some time ago submitted by him, to instruct the Committee of Ways and Means to inquire into the propriety of prohibiting by law the corporation of New Orleans from exacting a tax or duty on vessels, boats, or other craft, descending the Mississippi, laden with produce, and touching at that place, &c.

and penalties inflicted by the bill.

The motion was negatived, there being only twenty-six members in favor of it.

The Committee rose, and reported the bill to the House. The House took it up; when

Mr. ROBERTS renewed his motion, to add the following words to the section which directs the distribution of the arms; as the Legislatures of the several States may by law direct."

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Mr. TALLMADGE hoped that this amendment would be agreed to, in order to accommodate gentlemen whose States would prefer a different mode of distribution from that prescribed in the bill. He thought the main object was to get the arms; their distribution might be very well left with the several State governments. He should be sorry if the bill should be lost, by gentlemen's pertinaciously adhering to their own particular mode of distribution.

Mr. RANDOLPH was sorry that any difference of opinion should exist as to the mode of distributing these arms, and when gentlemen, in whose intelligence and integrity he had the utmost reliance, assured him that the mode of distributing the arms, proposed in the bill, would not be well

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