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Mr. PATTON moved that 50,000 be inserted.

[H. OF R.

Mr. ARNOLD refused to do so, and again urged the by striking out 47,700 and inserting 51,000; but withdrew impropriety of separating the two resolutions. If gen- his motion. tlemen chose to hold out in the negative, they might do so. But he knew of more than one who, having witnessed the expression of the will of the House, were desirous of altering their votes for the sake of unanimity.

Mr. SPEIGHT demanded the previous question, but consented to withdraw it to admit a brief reply from Mr. THOMPSON; upon which, that gentleman vindicated the course he had pursued.

Mr. SPEIGHT renewed the call, but again waived it, to accommodate

Mr. BOON, who pledged himself to renew it, which he did, after a very brief explanation of his own conduct. The call for the previous question was seconded by the House-yeas 107.

When the main question was put on reconsidering, and lost without a count.

Mr. HOFFMAN suggested that, to arrive at a suitable number, the committee should insert the largest number, say 60,000; take the sense of the House upon that number, and so proceed downwards, until their wishes should be satisfied.

Mr. ADAMS said, if he was disposed to protract the debate, he would vote for the amendment; but as the sense of the House had been twice taken, and as it was so thoroughly ascertained that 48,000 would not be exceeded, he hoped further attempts would not be made for a larger number; he would vote against the amendment as well as against the motion made by Mr. PoLK to recommit, as he considered the objections against them both as strong as against any numbers submitted to the House.

Mr. EVANS, of Maine, now moved the previous ques- Mr. CARSON stated the effect which the adoption of tion on the resolution of Mr. BATES, but consented to this amendment would have in North Carolina. withdraw the call, at the request of

Mr. KERR, who suggested the propriety of making the same application to the surviving relations of Mrs. Washington, in respect to her remains, which had been ordered to be addressed to the relatives of the General in regard to his. Mr. K. enlarged upon the manifest justice and propriety of such a course

Mr. BATES accepted the modification of his resolution to meet the views of the gentleman last up, by adding the words "and of George W. P. Custis, grandson of Mrs. Washington.”

The resolution was then carried without a count. After the resolution had passed, Mr. KERR expressed a wish to withdraw the amendment he had submitted. The SPEAKER informed him the resolution had passed, and had gone to the Senate for concurrence.

APPORTIONMENT BILL.

The House then resumed the apportionment bill--the question being on Mr. CLAYTON's motion to reconsider the vote by which a ratio of 48,000 was stricken out, and 44,400 inserted in lieu of that number.

Mr. EVANS said, as the member from Georgia [Mr. CLAYTON] had introduced his motion, that he might be enabled to establish the principle that half fractions should be represented, and as that object did not conflict with the motion which he [Mr. E.] had submitted, to insert 44,300 as the ratio, and could be submitted for consideration hereafter, he would move that Mr. CLAYTON's motion should be laid on the table.

Mr. SPEIGHT moved a call of the House, which was sustained, the roll called, and one hundred and ninety-five members ascertained to be present; but further proceedings on the call were suspended.

Mr. INGERSOLL explained the fraction left by it on Connecticut.

The question on Mr. PATTON's amendment was then negatived—yeas 56, nays 142.

Mr. BOON moved to amend Mr. POLK's resolution by inserting 49,000. Negatived.

Mr. COOKE, of Ohio, moved to insert 48,000. Lost. Mr. WILDE proposed 60,000 should be inserted; which was negatived.

The question being on Mr. POLK's motion,

Mr. MERCER said, in examining the returns, it would appear that 47,700 would leave the House in precisely the same situation as to the number of its representatives as the number 47,000, which had been negatived.

Mr. ADAMS briefly recapitulated the objections which he had to the number 47,700, as containing all the aggravations which existed as to 48,000. The alteration of the number as proposed had only the effect of relieving Georgia and Kentucky, whilst it did not relieve any of the other States who complained.

Mr. HEISTER moved that 51,000 should be inserted, which was negatived.

The question was then taken on Mr. PoLK's motion to recommit the bill to the committee, with instructions to insert 47,700 in lieu of 44,300; which motion prevailed, by the following vote:

YEAS.-Messrs. Alexander, C. Allan, R. Allen, Allison, Anderson, Archer, Ashley, Banks, J. S. Barbour, Barnwell, Barstow, Bell, James Blair, John Blair, Boon, Branch, J. C. Brodhead, Bucher, Bullard, Burd, Carr, Chinn, Claiborne, Clay, Clayton, Conner, Cooper, Coulter, Craig, Crawford, Davenport, W. R. Davis, Dewart, Drayton, Duncan, J. Evans, Felder, Fitzgerald, Ford, Gaither, Gilmore, Gordon, Griffin, T. H. Hall, W. Hall, Mr. CLAYTON then said he had introduced his motion Hawes, Hawkins, Heister, Hogan, Horn, Ihrie, Isacks, with a view to reconcile the jarring interests which pre-Jewett, Cave Johnson, Kavanagh, A. King, J. King, H. vailed on this subject; but as he was not likely to be King, Lamar, Lansing, Leavitt, Lewis, Mann, Mardis, Masustained in the principle of having the half fractions re-son, Maxwell, McCarty, W. McCoy, R. McCoy, McDuffie, presented, he would withdraw his motion. McKennan, Milligan, T. R. Mitchell, Muhlenberg, NewThe question was then taken on Mr. EVANS's amend-nan, Newton, Nuckolls, Patton, Pierson, Plummer, Polk, ment, to insert 44,300 in lieu of 44,400, as at present in Potts, Rencher, Roane, Root, W. B. Shepard, A. H. the bill, and was decided, without debate, in the affirma- Shepperd, Smith, Soule, Speight, Standifer, Stephens, tive-yeas 108, nays 80. Stewart, Sutherland, Taylor, P. Thomas, W. Thompson, Mr. POLK wished to have one vote more taken, and J. Thomson, Tracy, Verplanck, Vinton, Wardwell, F. he would then, if it was negatived, submit. He moved Whittlesey, C. P. White, E. D. White, Wilde.-105. that the bill be recommitted to a select committee, with NAYS. Messrs. Adams, Adair, Appleton, Armstrong, instructions to insert 47,700 as the ratio, and this number Arnold, Babcock, Noyes Barber, Barringer, 1. C. Bates, would not increase the House more than half the num-J. Bates, Beardsley, Bethune, Bouck, Briggs, J. Brodber which would be the result from the adoption of head, Burges, Cahoon, Cambreleng, Carson, Chandler, 44,300.

Mr. DODDRIDGE moved to lay the motion on the table. Negatived-yeas 92, nays 107.

Mr. C. ALLAN moved to amend Mr. POLK's motion,

Choate, Coke, Collier, L. Condict, S. Condit, E. Cooke,
B. Cooke, Crane, Creighton, John Davis, Dayan, Dear-
born, Denny, Dickson, Doddridge, Doubleday, Ellsworth,
G. Evans, E. Everett, H. Everett, Grennell, Hammons,

H. OF R.]

Apportionment Bill.

Harper, Hodges, Hoffman, Holland, Howard, Hubbard,
Hughes, Hunt, Huntington, Ingersoll, Irvin, Jarvis, R. M.
Johnson, C. C. Johnston, Kendall, Kennon, Kerr, Le-
compte, Letcher, Lyon, Marshall, McIntire, Mercer,
Pearce, Pitcher, Randolph, J. Reed, E. C. Reed, Russel,
Slade, Southard, Spence, Stanberry, Storrs, Tompkins,
Vance, Ward, Washington, Watmough, Wayne, Weeks,
Wilkin, Wheeler, E. Whittlesey, Wickliffe, Williams,
Worthington, Young.--91.

On motion of Mr. POLK, it was ordered that the committee should consist of seven persons; and Messrs. POLK, HOLLAND, THOMPSON, of OHIO, J. KING, THOMAS, of Louisiana, BARSTOW, and BUCHER, were appointed the committee.

Mr. VANCE moved that a statement of the several fractions, to be created by the adoption of 47,700 for the ratio, in each State, and read to the House, should be printed; which was ordered.

The House then adjourned.

WEDNESDAY, FEBRUARY 15.
APPORTIONMENT BILL.

Mr. POLK, from the select committee to which was recommitted yesterday the bill for the apportionment of representatives according to the fifth census, with instructions to strike out 44,300, and to insert 47,700, reported the said bill, amended according to the said instructions.

Mr. McDUFFIE, after adverting to the length of the debate, and the public interests which were suffering from the postponement of the appropriation bill, and disclaiming all reference to the effect of the bill as it now stood, moved the previous question.

Mr. WILLIAMS hoped he would not press the motion: the present subject might be postponed, and the appropriation bills taken up: he hoped never to see the previous question brought down upon the House, while deliberating on such a subject.

Mr. McDUFFIE disclaimed all idea of forcing any gentleman into one course or another; the House would act freely.

The CHAIR suggested that the previous question would not accomplish the object the gentleman had in view. The report of the committee was in the nature of an amendment to the bill, and the whole subject would be open to discussion.

Mr. POLK rose to inquire whether the CHAIR had decided that after the House had instructed the committee to amend this bill in a particular manner, and the bill had been reported from the committee so amended, it was then necessary for the House to act upon the amendment. The SPEAKER said that was the opinion of the Chair. Mr. POLK said, with all deference to the Chair, he himself was bound to appeal from the decision. Mr. P. went into a statement of the grounds of his appeal. The SPEAKER stated the principles upon which the decision was founded.

An animated discussion arose on the point of order, in which Messrs. TAYLOR, CARSON, WICKLIFFE, and EVERETT supported the decision of the Chair, and Messrs. MCDUFFIE and POLK advocated the views of the latter gentleman; but, before the question was taken on the appeal,

Mr. POLK said he was unwilling to occupy the time of the House by this incidental question, and though his opi-i nion was unchanged, he would withdraw the appeal, and move that the House concur with the amendment made by the committee.

Mr. CARSON now inquired as to the effect of the previous question.

The CHAIR replied that it would remove the amendment reported by the committee, and leave the bill as it stood yesterday, having the ratio of 44,300.

[FEB. 15, 1832.

Mr. McDUFFIE now withdrew his call for the previous question.

The question being on concurring with the report of the committee on the number 47,700 as the ratio of representation,

Mr. CARSON moved to amend the bill as reported, by striking out 47,700, and inserting in lieu thereof 44,200. He went at considerable length into an exposition of the reasons which induced him to make the motionwhich were, in substance, a spirit of compromise, and a desire not to deprive any of the States of their present representation.

Mr. BLAIR repelled what he understood as a reflection on the members from Tennessee.

Mr. CARSON explained.

Mr. BLAIR said he had voted on principle, voted uniformly, and in every case for the highest number proposed.

Some explanations took place between Mr. SPEIGHT and Mr. CARSON; when

Mr. BATES, of Massachusetts, warmly remonstrated against the proposed amendment, which went to aggravate the injustice done Massachusetts; it would throw on the Eastern States a double amount of fractions to that of all the other States together.

Mr. POLK disclaimed the amendment as his, or the committee's: it had been ordered by the House.

Some slight crimination and explanation took place between Mr. POLK and Mr. CARSON, which terminated in mutual disclaimers.

Mr. WICKLIFFE replied to some remarks of Mr. POLK, which related to him, and vindicated his own course in reference to former amendments of the bill.

The question being now about to be put,

Mr. E. EVERETT moved a call of the House; which was agreed to; and 196 members having answered to their names, the call was suspended.

The question on Mr. CARSON's amendment (for 44,200) was decided in the negative-yeas 82, nays 114.

Mr. SLADE now moved to strike out 47,700 and insert 46,400; and, in support of his motion, recapitulated the votes on previous amendments of the bill, and argued to show that the ratio he proposed, while it was beneficial to Vermont, would also save Massachusetts and Virginia from losing each a member.

Mr. BARRINGER opposed the motion, as throwing a very large fraction on North Carolina.

The amendment was rejected--yeas 62, nays 130. Mr. L. CONDICT proposed to insert 44,500. This amendment shared the fate of the last, being yeas 67, nays 124.

Mr. VANCE moved to insert 700.

The motion was opposed by Mr. REED and Mr. POLK, and lost. Yeas 58.

Mr. KERR proposed 44,999. Lost.
Mr. HOWARD moved 42,000. Lost.
Mr. HUNT moved 46,500. Lost.

Mr. VANCE proposed 57,000; rejected by yeas and nays--yeas 38, nays 153.

Mr. RENCHER moved 53,000. Lost. Mr. VANCE moved 48,500. Lost. The question at last recurred on concurring with the committee in their report, (viz. 47,000,) and was decided in the affirmative by yeas and nays, as follows:

YEAS.-Messrs. Alexander, C. Allan, R. Allen, Allison, Anderson, Angel, Archer, Arnold, Ashley, Banks, Barnwell, Barstow, Bell, Bergen, Bethune, James Blair, John Blair, Boon, Bouck, Branch, J. C. Brodhead, Bucher, Bullard, Burd, Cambreleng, Carr, Chinn, Claiborne, Clay, Clayton, Collier, Conner, Cooper, Coulter, Craig, Crawford, Davenport, W. R. Davis, Dayan, Dewart, Doubleday, Drayton, Duncan, J. Evans, Felder, Fitzgerald, Foster, Gaither, Gilmore, Gordon, Griffin, William Hall,

FEB. 16, 1832.] Contracts for Cannon and Shot.--Removal of the Indians.--Washingtm's Remains.

[H. of R.

Hawes, Hawkins, Heister, Hogan, Holland, Horn, Ihrie, depends upon their entire and speedy migration to the
Isacks, Jewett, Cave Johnson, Kavanagh, A. King, J. King, country west of the Mississippi set apart for their perma-
H. King, Lamar, Lansing, Leavitt, Letcher, Lewis, Lyon, nent residence, I am anxious that all the arrangements
Mann, Mardis, Mason, Marshall, Maxwell, McCarty, W. necessary to the complete execution of the plan of re-
McCoy, R. McCoy, McDuffie, McIntire, McKennan, Milli-moval, and to the ultimate security and improvement of
gan, T. R. Mitchell, Muhlenberg, Newnan, Nuckolls, the Indians, should be made without further delay. Those
Patton, Pierson, Pitcher, Plummer, Polk, Potts, Rencher, who have already removed, and are removing, are suf-
Roane, Root, A. H. Shepperd, W. B. Shepard, Smith, ficiently numerous to engage the serious attention of the
Soule, Speight, Standifer, Stephens, Stewart, Suther- Government; and it is due not less to them than to the
land, Taylor, P. Thomas, W. Thompson, J. Thomson, obligation which the nation has assumed, that every rea-
Tompkins, Tracy, Verplanck, Vinton, Wardwell, Wayne, sonable step should be taken to fulfil the expectations
F. Whittlesey, C. P. White, E. D. White, Wilde.-119. that have been held out to them. Many of those who
NAYS.-Messrs. Adams, Appleton, Armstrong, Bab- yet remain, will, no doubt, within a short period, become
cock, Noyes Barber, Barringer, I. C. Bates, John Bates, sensible that the course recommended is the only one
Beardsley, Bouldin, Briggs, John Brodhead, Burges, Ca- which promises stability of improvement, and it is to be
hoon, Carson, Chandler, Choate, Coke, L. Condict, S. hoped that all of them will realize this truth, and unite
Condit, E. Cooke, B. Cooke, Crane, Creighton, John with their brethren beyond the Mississippi. Should they
Davis, Dearborn, Denny, Dickson, Doddridge, Ellsworth, do so, there would then be no question of jurisdiction to
G. Evans, E. Everett, H. Everett, Grennell, T. H. Hall, prevent the Government from exercising such a general
Harper, Hodges, Hoffman, Howard, Hubbard, Hughes, control over their affairs as may be essential to their in-
Hunt, Huntington, Ingersoll, Irvin, Jarvis, R. M. Johnson, terest and safety; should any of them, however, repel
C. C. Johnston, Kendall, Kerr, Lecompte, Mercer, New- the offer of removal, they are free to remain; but they
ton, Pearce, Randolph, E. C. Reed, J. Reed, Russel, Slade, must remain with such privileges and disabilities as the
Southard, Stanberry, Storrs, F. Thomas, Vance, Ward, respective States, within whose jurisdiction they lie, may
Washington, Watmough, Wilkin, Wheeler, E. Whittle- prescribe.
sey, Wickliffe, Williams, Worthington, Young.--75.

Mr. POLK then moved the alterations in the residue of the bill which was rendered necessary by this vote; which were agreed to; and the bill was ordered to be engrossed for its third reading to-morrow; when

The House adjourned.

THURSDAY, FEBRUARY 16.

CONTRACTS FOR CANNON AND SHOT. The following resolution, offered by Mr. REED on the 9th instant, was then taken up by consent:

I transmit, herewith, a report from the Secretary of War, which presents a general outline of the progress that has already been made in this work, and of all that remains to be done. It will be perceived that much information is yet necessary for the faithful performance of the duties of the Government, without which it will be impossible to provide for the execution of some of the existing stipulations, or make those prudential arrangements, upon which the final success of the whole movement, so far as relates to the Indians themselves, must depend.

I recommend the subject to the attention of Congress, in the hope that the suggestions in this report may be Resolved, That the Secretary of War be directed to found useful, and that provision may be made for the aplay before this House a statement of the contracts, and pointment of the commissioners therein referred to, and with whom made, for cannon and shot, and the prices for vesting them with such authority as may be necessary paid for each, from the year 1820 to the present time. to the satisfactory performance of the important duties Mr. VERPLANCK said that he had no other objec- proposed to be entrusted to them. tion to the resolution, than that it would seem to imply that there was some mystery, something hidden, about the subject of these contracts. All that the resolution sought was public, and might be obtained by any gentle. man from the files of the House. Regular returns had been made and published, and the Secretary of War had had some difficulty on the subject; there was no mystery -no concealment, nothing hidden from the public eye, in respect to them, either under the last or the present administration.

Mr. REED said he did not know but that the infor. mation might be scattered through the files of the House, though he doubted it. He had long been of opinion that Government were paying too much for cannon and shot. The contracts for these two articles had formerly been blended together; but six years ago they had, by an effort of his, been separated, in consequence of which, he believed, a great saving had accrued. He thought he was able to show that the country paid at least twenty per cent. more than it ought to do.

The resolution, having been slightly modified at the suggestion of Mr. WICKLIFFE, was agreed to.

REMOVAL OF THE INDIANS.

The following message was received from the President of the United States, by Mr. Donelson, his private Secretary, as follows:

WASHINGTON, 15th February, 1832. To the Senate and House of Representatives:

Being more and more convinced that the destiny of the Indians within the settled portion of the United States

ANDREW JACKSON. mittee on Indian Affairs. The message and documents were referred to the Com

REMAINS OF WASHINGTON.

The SPEAKER announced to the House that the Vice President and himself, in the fulfilment of the joint resolutions of the two Houses, in relation to the celebration of the centennial anniversary of the birthday of George Washington, addressed a letter to Mr. John A. Washington, and to Mr. G. W. P. Custis, requesting their consent to the removal of the remains of George Washington and Martha Washington, and had received their answers, copies of all of which he laid before the House,

and which are as follows:

WASHINGTON, February 14, 1832. SIR: The Senate and House of Representatives have passed a joint resolution to celebrate the centennial birthday of George Washington, authorizing the President of the Senate and the Speaker of the House of Representatives to make application to you for his remains, to be removed, and deposited in the capitol at Washington, in conformity with the resolution of Congress of the 24th December, 1799.

They have passed another joint resolution, authorizing us to make application to you and Mr. G. W. P. Custis, for the remains of Martha Washington, to be removed and deposited at the same time with those of her late consort George Washington.

We herewith enclose copies of these resolutions, and,

H. OF R.]

Apportionment Bill.

[FEB. 16, 1832.

in the discharge of the duty imposed on us, have to request Mr. THOMAS inquired whether these letters would, that you will give us as early an answer to this application as a matter of course, be entered at large upon the as may be practicable.

We have the honor to be, with great respect, your obedient servants,

J. C. CALHOUN,
Vice President, and President of the Senate.
A. STEVENSON,

Speaker of the House of Representatives.

Mr. J. A. WASHINGTON, Mount Vernon.

journal.

The CHAIR replied in the affirmative.

Mr. HOFFMAN expressed his regret that they should appear there at all. When the House voted a monument to any individual, that vote itself was the monument, without any subsequent piling up of stone, and so the resolution adopted in 1799 was, so far as related to the House, a removal of Washington's remains. He wished that the journal of the House should express no more

A similar letter to the above was addressed to George than what the House had resolved to do, and should conW. P. Custis, Esq.

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I have received with profound sensibility the expression of the desire of Congress, representing the whole nation, to have the custody and care of the remains of my revered relative; and the struggle which it has produced in my mind between a sense of duty to the highest authorities of my country and private feelings has been greatly embarrassing. But when I recollect that his will, in respect to the disposition of his remains, has been recently carried into full effect, and that they now repose in perfect tranquillity, surrounded by those of other endeared members of the family, I hope Congress will do justice to the motives which seem to me to require that I should not consent to their separation.

tain no evidence that it had not been done. If the House had fully expressed its will, the resolution ought to be considered as executed.

The CHAIR stated that if the House so directed, the letters might be omitted.

Mr. MASON said that, if their omission or insertion depended on the consent of the House, he hoped they would be recorded at length upon the journal. He thought it due to the gentleman concerned--due to the moral magnanimity he had displayed—that it should be known from the records on what ground he had refused to comply with the request of Congress. His non-compliance reflected so much credit upon his heart, that Mr. M. had no idea a mere legal fiction should be suffered to efface the record of his own words on the occasion.

Mr. HOFFMAN said that he had no objection to having the letters printed. He was entirely satisfied with the sentiments they expressed. No man could be more so. But he desired that nothing should appear on the journal to show that the purpose of the House was not carried into effect.

Mr. THOMAS thought that it was highly necessary and proper that the whole correspondence should go on the I pray you, gentlemen, to communicate these senti-records of the House. It would show that the House had ments and feelings to Congress, with the grateful acknow-done its duty in the case; that it had gone to the extent ledgments of the whole of the relatives of my grand uncle, for the distinguished honor which was intended to his memory, and to accept for yourselves assurances of my gratitude and esteem.

JOHN A. WASHINGTON.

ARLINGTON HOUSE,

Tuesday Night, February 14, 1832. GENTLEMEN: The letter you have done me the honor to write to me, requesting my consent to the removal of the remains of my venerable grand parents from their present resting place to the capitol, I have this moment received.

I give my most hearty consent to the removal of the remains, after the manner requested, and congratulate the Government upon the approaching consummation of a great act of national gratitude.

I have the honor to be, with perfect respect, gentlemen, your obedient servant,

GEORGE W. P. CUSTIS.

To the Hon. JOHN C. CALHOUN,
Vice President of the United States.
ANDREW STEVENSON,

Speaker of the House of Representatives U. S. Mr. EVERETT suggested the propriety of referring these letters to a select committee, inasmuch as their reception might render it necessary to make some change in the contemplated arrangement for the approaching

celebration.

Mr. THOMAS, of Louisiana, thought the House had gone as far as it need go. Let the whole proceedings be spread upon the journals, and there let the matter rest.

Mr. ADAMS thought the commitment would be unnecessary; and after a short conversation, Mr. EVERETT agreed to withdraw his motion.

of its power, and done all it could. It would thus be seen that the business had been brought to a close; but otherwise it might hereafter be considered as still unfinished. He wished to show that the House had been prevented in this matter only by what it could not control. Mr. HOFFMAN now withdrew his opposition, and the subject was for the present dropped.

APPORTIONMENT BILL.

The bill for the apportionment of representatives was read a third time.

Mr. DAVIS, of Massachusetts, demanded the yeas and nays on the passage of the bill, which was ordered, and were as follows:

YEAS.--Messrs. Adair, Alexander, C. Allan, R. Allen, Allison, Anderson, Angel, Archer, Arnold, Ashley, Babcock, Banks, Barnwell, Barringer, Barstow, J. Bates, Bell, Bergen, Bethune, James Blair, John Blair, Boon, Bouck, Bouldin, Branch, J. C. Brodhead, Bucher, Bullard, Burd, Burges, Cambreleng, Carr, Chinn, Claiborne, Clay, Clayton, Collier, Conner, B. Cooke, Cooper, Coulter, Craig, Crawford, Davenport, Dayan, Dewart, Doubleday, Drayton, Duncan, G. Evans, J. Evans, Felder, Fitzgerald, Foster, Gaither, Gilmore, Gordon, Griffin, W. Hall, Hawes, Hawkins, Heister, Hogan, Holland, Ihrie, Isacks, Jewett, R. M. Johnson, Cave Johnson, Kavanagh, Kennon, A. King, J. King, H. King, Lamar, Lansing, Leavitt, Letcher, Lewis, Lyon, Mann, Mardis, Mason, Marshall, Maxwell, McCarty, W. McCoy, R. McCoy, McDuffie, McIntire, McKennan, Milligan, T. R. Mitchell, Muhlenberg, Newnan, Nuckolls, Patton, Pearce, Pierson, Polk, Potts, Rencher, Roane, Root, Russel, W. B. Shepard, A. H. Shepperd, Smith, Soule, Speight, Standifer, Stephens, Sutherland, Taylor, P. Thomas, Wiley Thompson, J. Thomson, Tompkins, Tracy, Verplanck, Vinton, Ward, Wardwell, Wayne, E. Whittlesey, F. Whit

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tlesey, C. P. White, E. D. White, Wickliffe, Wilde.

-130.

[H. OF R.

rest during the time they had had the use of it. The interest was as much due as the principal. A State might, for NAYS.--Messrs. Adams, Appleton, Armstrong, N. certain reasons, be willing to waive a part of her claim, but Barber, J. S. Barbour, I. C. Bates, Beardsley, Briggs, J. that did not touch the right. Mr. M. here went into a Brodhead, Cahoon, Choate, L. Condict, S. Condit, E. statement of the circumstances which had induced VirCooke, Crane, Creighton, J. Davis, Dearborn, Denny, ginia, at one time, not to press the whole of her demands Dickson, Doddridge, Ellsworth, E. Everett, H. Everett, upon the United States. But if one State should choose Grennell, T. H. Hall, Hammons, Harper, Hodges, Hoff- to compound for a part of her demand, that did not in the man, Howard, Hubbard, Hunt, Huntington, Irvin, Jarvis, least affect the rights of other States. C. C. Johnston, Kendall, Kerr, Lecompte, Mercer, New- The principle was a very important one. It was imton, Pitcher, Randolph, J. Reed, E C. Reed, Slade, portant that all the States should understand that, if under Southard, Storrs, F. Thomas, Vance, Washington, Wat- any emergency the General Government should be unamough, Weeks, Wilkin, Wheeler, Williams, Young.--58. ble to extend its shield over all the extremities of the Union, those States who, in such a crisis, made advances SOUTH CAROLINA CLAIMS. for the general defence, would be sure of a just and ample compensation.

The House then took up the bill allowing the State of South Carolina certain sums on account of expenditures Mr. WHITTLESEY, after an explanation to Mr. MERmade by her for defence during the late war. The ques- CER, begged that gentleman and all the House to take tion before the House was upon concurrence with the notice that he was not opposed to the allowance of inteCommittee of the Whole in the amendment allowing a rest in any case where advances had been made. He certain amount for blankets furnished, which was carried. fully admitted the justice of the principle, that the GoMr. WHITTLESEY moved further to amend the bill, by vernment ought to allow interest for the time during which striking therefrom the first and second sections, allowing it had had the use of the money of the States. Espethe State interest on certain sums. He stated that a bill from cially ought this principle to be applied to the advances the Senate had been referred to the Committee of Claims, made during the last war, when the funds and credit of (of which he is chairman,) allowing interest to all those the General Government were so completely exhausted, States who had paid interest on the moneys they had ad- that its stock sold for twelve and nineteen per cent. below vanced to the General Government. The Committee of par. No more was asked for these timely advances, than Claims proposed an amendment to that bill, which retain- a simple interest of six per cent., by allowing which the ed the Senate's principle, but extended it to all advances made by any of the States. He thought it better that these allowances should be embraced in one general law, applying alike to all the States.

Mr. McDUFFIE urged against this motion the delay which had already taken place. South Carolina had wait ed for five sessions, and had expended fifteen or twenty thousand dollars in presenting her claims. Her agent was now here waiting. The principle was clear, and he was willing that it should be applied to all other States in like circumstances.

United States would unquestionably be great gainers. It was not on this ground that he had moved the amendment, but because he wished equal justice unto all the States, and because the bill, as it stood, was in such a shape that the Third Auditor would have great difficulty in acting upon it. Mr. W. concurred with the gentleman from North Carolina [Mr. WILLIAMS] that the bill did contain a new principle, because interest had heretofore been allowed only in cases where the States had themselves paid interest. Such, at least, had been the rule in reference to the last war. It would be an endless task to calculate Mr. DRAYTON opposed the amendment, and contend- the interest on each particular sum from the time it had ed that South Carolina asked no more than what had been been advanced. The Senate had proposed a better rule, allowed in the case of other States, and that, if there was which was to commence the allowance of interest from any distinction between their cases and hers, the distinction the time when the demand had first been made, nor did was in her favor. The State had a bank in which she in- the bill specify when interest was to cease. The Commitvested her funds, when not otherwise employed; and from which the State usually derived a dividend of from nine to twelve per cent. Yet, though her advances had been made from the stock of this bank, she demanded but six per cent. interest.

tee of Claims had provided, in their amendment to the Senate's bill, that interest should cease from the time the money had been refunded.

Mr. ELLSWORTH addressed the House for a short time on the manifest equity of allowing interest for all adMr. WILLIAMS, of North Carolina, contended that vances made, whether the money had been drawn by taxthis bill introduced a new principle, namely, that States ation from the pockets of the people, or advanced from a were to be compensated for what they had lost in conse- fund already raised. The United States had nothing to quence of making advances to the Union. If this prin- do with that inquiry; no man would make it in private ciple was adopted, it ought to be carried fully out, and life. He feared that, if the amendment should be pressed, South Carolina, instead of receiving six, ought to be allow- the whole allowance might fail.

ed from nine to twelve per cent. She had not raised the Mr. DODDRIDGE made an explanation as to what had money by taxes, or borrowed it on interest, but had used been done in the Virginia Legislature on the subject of a her bank stock, on which it was very uncertain what in-demand for interest at a different period from that referred terest she might have received. The principle establish- to by Mr. MERCER.

ed by the Committee of Claims was, that the States were Mr. McCOY confirmed Mr. DoDDRIDGE's statement; it to be allowed only for losses or injuries actually sustained, was the Congress which had assumed the principle that and interest actually paid. Virginia was not to be allowed interest on all her advances, but only in cases where she had herself paid interest. That principle having been established by the House, the Committee of Claims held themselves bound by it, and the claims of all other States since had been cut down on the same principle. Now, a new ground was taken, and interest was to be allowed on all advances. Mr. McC. said he was prepared for this, provided the principle should be applied equally to all other States claiming. On that ground, he was in favor of the amendment.

Mr. MERCER protested with warmth against the principle that any regard was to be had to the state and condition of a State's finances at the time she had advanced money to the United States, in settling the allowance of interest. South Carolina had a bank; and whether she had been making upon its stock ten per cent., or fifty per cent., or a hundred per cent., was perfectly immaterial. The only question was, whether the United States had had her money, whether they ought to reimburse it, and whether they ought not to allow her the legal rate of inte

Mr. HUNTINGTON advocated the bill, insisted on the

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