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NOVEMBER, 1811.

Reference of the President's Message

in mathematics that all the parts are equal to the whole, it is not so in politics. Suppose, said Mr. R., one of these committees reports, and the report comes under consideration-members would be excluded from touching upon the other parts of the Message. If this course be pursued, I give you warning that if some gentleman of this House, who has not signed the thirty-nine articles, shall rise to make his observations, and shall notice any part of the Message not before the House, he will be called to order, and informed that that part of the Message is yet sleeping with a select committee. But the gentleman says, why not now go into the discussion ?-when it is known the documents are with the printers, and not within the reach of the Committee. The true course, said Mr. R., is the one which I have suggested-it is a course which will be acceptable to the nation. Why, said he, send out such reams of extra National Intelligencers by mail, but to inform the people? If no discussion is to take place on the Message, through what channel are these committees to receive the opinion of this House? Are they to go to work blindfolded? On Spanish relations, for instance, what member possesses the faculty of looking into the heart, and of saying what is the opinion of this House on that subject? Would it not be better, said he, to come to some resolution which should be directory to these committees? To act otherwise, was putting the cart before the horse. This course would avoid commitments and re-commitments; he hoped it would therefore be taken, by rising and reporting progress.

H. OF R.

an opportunity of examining the resolutions brought forward. He did not think they embraced all the objects of the Message.

Mr. ALSTON observed, that in case any gentleman had doubts whether certain objects in the Message were embraced by the resolutions, he could readily bring forward amendments to the present resolutions, or introduce new ones so as to attain his object. Mr. A. said it would be recollected, that in some former years the dividing of the Message into too many parts had created some confusion, by making it difficult to determine to which committee certain parts of the Message belonged. In the present division, this confusion he presumed had been avoided. At all events, he thought it perfectly correct that the several subjects in the Message should be first sent to select committees before they were acted upon by the House. This was the usual course, and it appeared to him the best.

Mr. RANDOLPH said he was called upon, by the very respectable and venerable gentleman from Pennsylvania, to point out a better plan than that which is proposed; to show why this course, which had been the practice of the last ten years, ought not to be followed. He would ask the gentleman from Pennsylvania if he had ever known this House in Committee of the Whole on the state of the Union under similar circumstances with the present; or ever known when a member asked for discussion in this Committee that it was refused? What, said he, would have been the surprise of the Committee had he called for the reading of the documents which accompanied the Mr. FINDLEY said the method now proposed of Message? and this hé might have done, as he had disposing of the Message was the same which had heard them read but once, and then there was so been acted upon ever since the commencement of much noise in the House he heard them imperthe Government. Formerly, it was the practice fectly. This would have necessarily delayed the for the President to make his address to Congress business, but it was not his wish to embarrass the personally, and then an answer was to be returned. Committee. The documents are in the hands of This answer brought the subject of the Message the printers; of course the Committee must have before the House incidentally, and much useless risen and reported progress. This proposition, if debate was generally had upon it. But this cus- received with common temper, must appear a tom was laid aside by Mr. Jefferson, and this un-reasonable and proper one. He hoped, therefore, necessary debate prevented. The course which is at present taken has been uniform ever since, and he hoped we should not now depart from it, except the gentleman from Virginia could point out some better.

it would be agreed to.

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The original motion to rise and report the resolutions, was carried, there being seventy two members in favor of it.

The House took up the resolutions.

Mr. QUINCY said, it was not his wish to delay Mr. RANDOLPH said that he had been informed, the business before the Committee, but he wished by the Chairman of the Committee of the Whole, that whatever was done might be done under- that the documents accompanying the Message standingly. He would ask whether the resolu- had not been referred to the Committee of the tions proposed by the gentleman from Pennsyl- Whole on the state of the Union. If so, he subvania covered the whole object of the Message? mitted to the Chair, whether the proceedings He wished to know whether the affair of the Lit- which had been had were in order. The House tle Belt was referred to any committee. He did had been in Committee of the Whole on the not see any mention of Indian hostilities. Here- Message, and left the documents behind them. tofore, there had been a committee on Indian af- He did not think this was the kind of treatment fairs. They were never mingled with our for- to which the Message was entitled. He moved eign relations. He thought with the gentleman that the report be recommitted to the Commitfrom Virginia (Mr. DAWSON) that too many sub-tee of the Whole on the state of the Union, tojects were referred to the committee on public defence. Mr. Q. said it was not his intention to have said anything on this subject; but he wished for such a delay in this procedure as should give

gether with the documents; and called for the yeas and nays upon the question.

Mr. ALSTON said, the documents were not referred, and for the best reason. They are never

H. of R.

Reference of the President's Message.

taken up in Committee of the Whole, but are left in the House, and can always be referred to, and any motion be founded upon them, which could not be done were they before the Committee of the Whole.

Mr. SMILIE said it was perfectly immaterial to him which course was taken. He had no object but the interest of his constituents. If gentlemen believe they are justified in protracting the public business, they will act accordingly. For his part he could not. He wished to take up the business in a regular way, and proceed with it.

The SPEAKER said, the Clerk found, on examining his minutes, that the documents were referred along with the Message.

Mr. RANDOLPH observed, that if the fact is, as the clerk had stated it, it offers an irrefragable argument for recommitting the report, because the House had been in Committee of the Whole without having possession of these papers. If the documents were not referred, we ought to go back for the reasons before offered, but if they were, we ought to go back to get possession of them. In either case, we ought to go back and get right; it would be better to turn back and soberly in quire our way, than to go blindly spurring on in a wrong road.

Mr. R. wished to say one word in reply to a remark of the gentleman from Pennsylvania, which, at the time, he believed to be out of order. He had said, "if gentlemen can justify themselves in protracting the public business, well. He had no other views than the interests of his constituents." An insinuation that other gentlemen have other views, and that other gentlemen can justify themselves for protracting business. Mr. R. made no professions of patriotism in that House. His property was in terra firma, and he was born in the State which he represented, and he loved it the better for it. As to protracting the public business, we all know, said he, how it is protracted; as his friend from North Carolina had said the other day," the public business will not be done until the roads are good, in the Spring." He hoped, however, that while the gentleman from Pennsylvania is satisfied as to his own motives, he will believe that other gentlemen have as clear conciences as himself.

Mr. WIDGERY hoped that the House would proceed with the public business, without any bickering or personality. He hoped they were met together, like a band of brothers, to consider and act upon such measures as shall best promote the interests of our common country. He thought the course proposed by the gentleman from Pennsylvania would be the best. A discussion would come with more propriety after the several committees had reported. He did not believe, however, that the gentleman from Virginia, in proposing a different course, wished to protract the public business. He no doubt thought the discussion ought to take place in the first instance. It was a mere difference of opinion, from which no evil could arise.

The yeas and nays on the question for a recommitment, were as follows:

NOVEMBER, 1811.

YEAS-John Baker, Abijah Bigelow, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, William Ely, James Emott, Asa Fitch, Thomas R. Gold, John P. Hungerford, Richard Jackson, jr., Philip B. Key, William R. King, Lyman Law, Joseph Lewis, jr., Robert Le Roy Livingston, James Milnor, Jonathan O. Moseley, Joseph Pearson, William Reed, Henry M. Ridgely, Philip Stuart, Lewis Timothy Pitkin, jr., Josiah Quincy, John Randolph, B. Sturges, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Laban Wheaton, Leonard White, and Thomas Wilson-33.

Archer, Daniel Avery, Ezekiel Bacon, David Bard, NAYS-Willis Alston, William Anderson, Stevenson Josiah Bartlett, Burwell Bassett, William W. Bibb, Robert Brown, William A. Burwell, William Butler, William Blackledge, Thomas Blount, Adam Boyd, John C. Calhoun, Langdon Cheves, Matthew Clay, Thomas B. Cooke, Lewis Condit, William Crawford, John Davenport, jr., Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findley, James Fisk, Meshack Franklin, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, Abner Lacock, Joseph Lefever, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, William McCoy, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh McKee, Alexander McKim, Arunah Metcalf, Samuel Nelson, Anthony New, Thomas Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., Benjamin Pond, Peter B. Porter, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Thomas Sammons, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, Daniel Sheffey, John Smilie, George Smith, John Smith, Richard Stanford, Silas Stow, William Strong, Peleg Tallman, Uri Tracy, George M. Troup, Charles Turner, jr., Pierre Van Cortlandt, jr., Robert Whitehill, David R. Williams, William Widgery, Richard Winn, and Robert Wright-92.

The question recurred on agreeing to the report.

Mr. RANDOLPH moved to postpone the further consideration of the report till to-morrow, in order that it might be printed.

vail. He had intended to move that it lie on the Mr. MACON wished some such motion to prehis motion to give place to Mr. MACON'S.] Mr. table till to-morrow. [Mr. RANDOLPH withdrew M. said it was perfectly immaterial to him which of the motions was made. His object, he could assure the House, was not delay. He had examined the resolutions offered by the gentleman from Pennsylvania. To the first, he had no objection; but as to the second, it appeared to him that if it were the wish of the gentleman to protract the public business, this resolution would answer his purpose. He did not believe this was intended. But there is more business given to that committee than can be got through in any reasonable time. The old rule of procuring despatch by dividing the labor, was in this case abandoned. In his opinion what relates to the Army ought to go to one committee, and what relates to the Navy to another, and so on. He knew that on a former occasion, some difficulty had arisen from the Mes

NOVEMBER, 1811.

Reference of the President's Message.

H. of R.

troops, and of auxiliary force." It would be seen to be his object, to give all that relates to the Army to one committee, all that relates to the Navy to another, &c. He was of opinion, also, that several objects contained in the Message had been overlooked.

sage not having been accurately dissected; but with ordinary care this might be avoided. He had no doubt if the business was thus divided, it would be done much sooner. Not that he expected Congress would adjourn any earlier; but the reports would be had in less time, and the sooner be got at. He wished that the report might lie on the table until to-morrow, that the resolu-being in favor of it; but when the blank came to tions might be examined, and proper amendments prepared.

Mr. SMILIE repeated his reasons for wishing one committee might have under view the whole subject of defence.

The question was put and negatived, 68 to 47. Mr. RANDOLPH moved for the reading of the documents; which being objected to, he called for the yeas and nays on the question; which were taken as follows:

YEAS-John Baker, Abijah Bigelow, James Breck-"
enridge, Elijah Brigham, Epaphroditus Champion,
Thomas B. Cooke, John Davenport, jr., James Emott,
Asa Fitch, Thomas R. Gold, John P. Hungerford,
Richard Jackson, jr., William R. King, Lyman Law,
Joseph Lewis, jr., Robert Le Roy Livingston, Nathan-
iel Macon, James Milnor, Jonathan O. Moseley, Hugh
Nelson, Joseph Pearson, James Pleasants jr., Josiah
Quincy, John Randolph, William Reed, Henry M.
Ridgely, Daniel Sheffey, Richard Stanford, Philip
Stuart, Lewis B. Sturges, George Sullivan, Benjamin
Tallmadge, Laban Wheaton, Leonard White, and
Thomas Wilson-35.

NAYS-Willis Alston, jr., William Anderson, Ste-
venson Archer, Daniel Avery, Ezekiel Bacon, David
Bard, Josiah Bartlett, Burwell Bassett, William W.
Bibb, William Blackledge, Thomas Blount, Adam
Boyd, Robert Brown, William A. Burwell, William
Butler, John C. Calhoun, Langdon Cheves, Martin
Chittenden, Matthew Clay, Lewis Condit, William
Crawford, Roger Davis, Joseph Desha, Samuel Dins-
moor, Elias Earle, William Ely, James Fisk, Meshack
Franklin, Peterson Goodwyn, Isaiah L. Green, Felix
Grundy, Bolling Hall, Obed Hall, John A. Harper,
Aylett Hawes, Jacob Hufty, John M. Hyneman, Rich-
ard M. Johnson, Joseph Kent, Abner Lacock, Joseph
Lefever, Peter Little, William Lowndes, Aaron Lyle,
George C. Maxwell, Thomas Moore, William McCoy,
Samuel McKee, Alexander McKim, Arunah Metcalf,
Samuel L. Mitchill, James Morgan, Jeremiah Morrow,
Anthony New, Thomas Newbold, Thomas Newton,
Stephen Ormsby, Israel Pickens, William Piper, Ben-
jamin Pond, Peter B. Porter, John Rhea, John Roane,
Jonathan Roberts, Ebenezer Sage, Thomas Sammons,
Ebenezer Seaver, John Sevier, Adam Seybert, Samuel
Shaw, John Smilie, George Smith, John Smith, Wil-
liam Strong, Samuel Taggart, Uri Tracy, George M.
Troup, Charles, Turner, jr., Pierre Van Cortlandt,
Robert Whitehill, David R. Williams, William Wid-
gery, Richard Winn, and Robert Wright-84.

The first resolution was then taken up and agreed to. When the question on the second was put,

Mr. D. R. WILLIAMS rose to ascertain whether it was the sense of the House that all the objects embraced in this resolution should go to one committee, or they should be divided among several. For this purpose, he moved to strike out the general expressions, to insert the words "for filling the ranks, prolonging the enlistment of regular

The motion for striking out was carried, 72 votes

be filled, much desultory debate took place. Some members wished to insert other words than those proposed by the gentleman from South Carolina; but this was deemed out of order. At length, it was agreed that the blank must be filled with the words proposed, but that other words might afterwards be added by way of amendment. This was accordingly done.

After the blank was filled as above proposed, Mr. BIBB moved to add the following words; for the acceptance of volunteer corps, for detach'ments of portions of the militia, and for such a proportion of the great body, as will proportion its usefulness to its intrinsic capacities." Which was agreed to.

The other resolutions reported were agreed to without debate.

Mr. DAWSON moved an additional resolution, as follows: "That so much of the Message as relates to the naval force of the United States, and the maritime defence of our frontier, be referred to a select committee."-Agreed to.

Mr. BACON moved the following additional resolutions: "That so much of the Message as re'lates to the manufacturing of cannon and small 'arms and providing munitions of war, be referred to a select committee:" and "that so much of the Message as relates to Indian affairs, be re'ferred to a select committee."-Agreed to.

All the select committees which were thought necessary, being appointed, it was determined that the first, on Foreign Relations, should consist of nine members; the committees on the Spanish colonies and Navy concerns, to consist of seven members; and those on manufacturing cannon and Indian affairs, to consist of five members.

The resolutions, as amended, are in the following words:

1. Resolved, That so much of the President's Message as relates to the subject of our foreign relations, be referred to a select committee.

2. Resolved, That so much of the President's Message as relates to filling the ranks and prolonging the enlistments of the regular troops, and to an anxiliary force; to the acceptance of volunteer corps; to detachments of militia, and to such a preparation of the great body as will proportion its usefulness to its intrinsic capacity, be referred to a select committee.

3. Resolved, That those parts of the Message of the President which relate to the Naval force of the United States, and to the defence of our maritime frontier, be referred to a select committee.

4. Resolved, That so much of the President's Message as relates to the revenue and the provisions necessary for the service of the ensuing year, be referred to the Committee of Ways and Means.

5. Resolved, That so much of the President's

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Message as relates to the evasion and infraction of our commercial laws, be referred to the Committee of Commerce and Manufactures.

6. Resolved, That so much of the President's Message as relates to foreign trading licenses, and to the protection of manufactures and navigation, be referred to the Committee of Commerce and Manufactures.

NOVEMBER, 1811.

Secretary of War, the Secretary and Comptroller of the Treasury, on the claims of sundry refugees from the British provinces of Canada and Nova Scotia, made in the yeas 1805 and 1806, was referred to the Committee on the Public Lands, to report by bll, or otherwise.

Mr. POINDEXTER presented a petition of sundry inhabitants of the Mississippi Territory, praying 7. Resolved, That so much of the President's that the said Territory may be made into a sepaMessage as relates to the Spanish American colo-rate State and admitted into the Union.-Referred

nies, be referred to a select committee.

8. Resolved, That so much of the said Message as relates to the manufucture of cannon and small arms, and the providing munitions of war, be referred to a select committee.

9. Resolved, That so much of the said Message as relates to Indian affairs, be referred to a select committee.

Mr. Porter, Mr. Calhoun, Mr. Grundy, Mr. Smilie, Mr. Randolph, Mr. Harper, Mr. Key, Mr. Desha, and Mr. Seaver, were appointed the committee on the first resolution.

Mr. Williams, Mr. Wright, Mr. Macon, Mr. Nelson, Mr. Stow, Mr. Maxwell, and Mr. Tallmadge, were appointed the committee on the sec

ond resolution.

Mr. Cheves, Mr. Newton, Mr. Milnor, Mr. Quincy, Mr. Cooke, Mr. McKim, and Mr. Fisk were appointed the committee on the third resolution.

Mr. Mitchill, Mr. Bibb, Mr. Blackledge, Mr. Taggart, Mr. Champion, Mr. Butler, and Mr. Shaw, were appointed the committee on the seventh resolution.

Mr. Seybert, Mr. Little, Mr. Goodwyn, Mr. Tracy, and Mr. Sturges, were appointed the committee on the eighth resolution.

Mr. McKee, Mr. Sevier, Mr. Morrow, Mr. Sheffey, and Mr. Brown, were appointed the committee on the ninth resolution.

And then, on motion the House adjourned until

to-morrow.

WEDNESDAY, November 13.

Another member, to wit: THOMAS GHOLSON, from Virginia, appeared. produced his credentials, was qualified, and took his seat.

Mr. QUINCY presented two petitions from sundry merchants of Boston, to the same effect with the petition of William Dean, presented the eighth instant-Referred to the Committee of Commerce and Manufactures.

Mr. NEWTON, from the Committee of Commerce and Manufactures, presented a bill for the relief of Thomas and John Clifford, of Philadelphia, and Charles Wifgman, of Baltimore; which was read twice and committed to a Committee of the Whole on Monday next.

Mr. McKIM presented a petition of sundry merchants of Baltimore, to the same effect with the petition of the merchants of Boston above stated.Referred to the Committee of Commerce and Manufactures.

On motion of Mr. BARTLETT, the report of the

to a select committee.

Mr. POINDEXTer, Mr. Grundy, Mr. ORMSBY, Mr. LACOCK, Mr. WILSON, Mr. WIDGERY, and Mr. CHITTENDEN, were appointed the committee.

On motion of Mr. POINDEXTER, the petition of the Legislature of the Mississippi Territory, presented the twenty-first of January last, was referred to the said select committee.

Mr. QUINCY presented a petition of Andrew Eliot, merchant of Boston, to the same effect with the petition of William Dean, presented the eighth instant.-Referred to the Committee of Commerce and Manufactures.

On motion of Mr. GOLD, a committee was appointed to inquire into the expediency of providing by law for the more convenient taking of recognisances of bail and affidavits in cases depending in the respective Courts of the United States; with leave to report by bill.-Mr. GOLD, Mr. MILNOR, and Mr. RIDGELY, were appointed the committee.

On motion of Mr. MORROW, the Committee on the Public Lands were instructed to inquire into the expediency of suspending the operation of so much of the sixth section of the act, entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands in the Territories of Orleans and Louisiana," as directs that the land offices established in the Orleans Territory shall be opened on the first day of January, 1812; with leave to report by bill, or otherwise.

Mr. TALLMADGE, from the committee appointed on the petition of Abraham Whipple, presented a bill for the relief of Abraham Whipple; which was read and committed to a Committee of the Whole on Friday next.

On motion of Mr. BASSETT, the petitions of J. A. Chevallie, attorney of Amelie Eugenie Beaumarchais, presented twenty-fourth of December, 1805, and second of April 1806, together with all the documents concerning the said claim, were referred to the Committee of Claims.

Mr. BLEECKER presented a petition of George Dummer and Company, and Gurdon and Daniel Buck, merchants, of New York, to the same effect with the petition of William Dean, presented the eighth instant.-Referred to the Committee of Commerce and Manufactures.

Mr. LYLE presented petitions of sundry inhabitants of the Western parts of the United States, praying that the mails of the United States may not be carried, and that post offices may not be opened, on Sundays.-Referred to the Committee on Post Offices and Post Roads.

On motion of Mr. CONDIT, the Committee of

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Commerce and Manufactures were instructed to inquire into the expediency of encouraging the manufacture of iron, either by protecting impost duties, or prohibiting the importation of castings, bar iron, spikes, nails, brads, and rolled sheet or hoop iron, into the United States and its Territories; with leave to report by bill.

A Message was received from the President of the United States, communicating copies of a correspondence between the Envoy Extraordinary and Minister Plenipotentiary of Great Britain, and the Secretary of State, relative to the aggression committed by a British ship of war on the United States' frigate Chesapeake, by which it will be seen that that subject of difference between the two countries is terminated, by an offer of reparation, which has been acceded to.

The House proceeded, by ballot, to the election of a Chaplain to Congress, on their part; and upon examining the ballots, it appeared that the Reverend Mr. SNEATHEN was duly elected.

Another Message was received from the President of the United States, transmitting the result of the census, lately taken, of the inhabitants of the United States, with a letter from the Secretary of State relative thereto. Referred to the committee appointed to fix the apportionment of Representatives.

EXPENDITURE OF MONEYS.

H. OF R.

it would be more proper to refer this petition to a select committee. This was desirable also from the consideration that the Committee of Claims is generally overburdened with business. Mr. McKEE could not distinctly hear the gentleman from Virginia; but he understood him as recommending a reference of this petition to a select committee, in preference to the Committee of Claims. He had no objection to such a disposition of it, though it appeared to him, as a claim, to be a proper subject for the Committee of Claims. The petitioner does not ask for a gratuity from the Government, but a repayment of money which he states to have been improperly paid into the coffers of the United States in the form of a fine. Whether the claim be well founded, or otherwise, remains for the committee to decide.

Mr. New said, it having been represented to him, that it would be most proper to refer the petition to a select committee, he would so change his motion.

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Mr. RANDOLPH had no doubt it would be recollected, that at the first session of Congress, under the Administration of the present President, the session which met in May, 1809, a committee was raised "to inquire whether any, and what prosecutions had been instituted before the 'courts of the United States for libels at common law, and to report such provisions as in their dom of speech and of the press." Congress adopinion may be necessary for securing the freejourned after a short session in June. chairman of that committee was directed to ad

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The

Mr. RANDOLPH said, the House having made a disposition of the Message of the President of the United States, he felt himself called upon to submit a motion to the consideration of the House. But as the House was then thin, he would only dress letters to the clerks of the several courts in lay it on the table. It would have been submit- which such prosecutions had been commenced. ted, he said, two years ago, but for the circum-To some of these letters answers were received stances which he should state to the House when

more at leisure. The motion was as follows:

after the adjournment. These answers received in the recess (all except one, which the chairResolved, That a committee be appointed to inquire man had found amongst his private papers since and report whether moneys drawn from the Treasury the meeting of the present session) were transsince the 3d of March, 1801, have been faithfully ex-mitted to the Clerk of this House, in whose pospended on the objects for which they were appropriated, and whether the same have been regularly accounted for?"

PROSECUTIONS FOR LIBEL. The SPEAKER presented a memorial of Matthew Lyon, of Kentucky, stating that, whilst a member of the House of Representatives of the United States, from the State of Vermont, he was illegally tried and found guilty, under a charge of sedition, and fined the sum of one thousand dollars and imprisoned twelve months, and praying that the said fine may be repaid, with interest, together with his pay as a member of Congress, which was withheld during his confinement.

session it is presumed they now are. The chairman of that committee, at the two succeeding sessions, was, by the visitation of God, and from circumstances without his control, for the first time since he had the honor of a seat on this floor, prevented from attending to his duty till the sessions had considerably advanced, otherwise he would have felt it obligatory on him to have called the attention of Congress to this subject. It was his intention, at the present session, without knowing anything of this petition, to have called the attention of the House to it, amongst others, at an early day. He thought it behooved this House, as the guardian of the public purse and public weal, to take care that the stream of public justice be preserved pure and free from pollution; and whether persons have suffered by prosecutions under the sedition law, Mr. BASSETT was opposed to this reference. or under the common law of England-not the If the petitioner had any claim upon the United common law of the States, as modified by the States, it must be on the ground that the law laws of the United States in their corporate under which he was convicted was unconstitu- capacity-he was for affording them relief. He tional. A claim of this kind could not be recog-wished to see if any of our citizens had received nised by that committee. He thought, therefore, injury from prosecutions of this kind; and, if they

The petition being read,

Mr. New moved that it be referred, with the accompanying documents, to the Committee of Claims.

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