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DEC. 12, 1831.]

Bank of the United States.

[H. OF R.

a courteous introduction of what is finally intended or to concede any thing to a personal dissatisfaction of the expected to be produced by his position and influence. President, with what had been the action of Congress; This, sir, is doing, I apprehend, some injustice to that nor any thing to a difference of opinion between the Preofficer. I overhear the gentleman who moves the amend-sident and Congress upon any subject; but wished that a ment say, that it is my wish to cashier his committee of substantive part of his message, made with the express what properly belongs to it. Not so, sir. It is my wish to view of becoming a topic of inquiry, should have such a leave with the Committee of Ways and Means every sub- direction given to it as would ensure its particular conject properly belonging to it, and to the gentleman him- sideration by persons who were uncommitted upon the self, who is its chairman, the fullest opportunity to present question to which it would give rise. Besides, another his views upon them; but it is my intention to strive to reason for a select committee may be found in the fact prevent the country from being cashiered of its right to that the Secretary of the Treasury, believing this subject have a great topic in our national politics discussed by a to be intimately connected with an effective administration committee having a chairman who had not prejudged it, of his department, had urged it upon our attention, with and not by one whose opinions had been already expressed an evident expectation that it would have it. in a way adverse from the President's and a large portion Notwithstanding the positiveness of the Secretary's opiof the people of this country--probably a majority of the nions upon the propriety of rechartering the bank, and the whole. By one, too, who it must be admitted was not agreement between himself and the chairman of the Comin the habit of changing his declarations, whatever may be inittee of Ways and Means, [Mr. McDUFFIE,] freedom of their foundation; and in this instance they were the more inquiry, Mr. W. presumed, was the wish of the Secretary; unalterable, from the manner in which the gentleman's and knowing, as he did, what had been the report upon labors had been greeted by all whose interest it had been this subject in the first session of the twenty-first Congress, to praise and to circulate them. But the question raised and by whom it was made, Mr. W. could not but think, if by the amendment is, does the subject belong to the Com- the Secretary knew the persons constituting the present mittee of Ways and Means? Mr. W. knew, he said, that Committee of Ways and Means, that he would say it would many gentlemen in this House, who thought with him upon be a mockery of the President's and his own expectations the main question, disagreed with him upon this, and to suppose that the subject would have a more extended, would vote for referring the subject to that committee. detailed, and practical inquiry by Congress than it had He would, therefore, briefly give the reasons which had already received, should it be again referred to that combrought the majority of those who thought alike upon the mittee. Shall we then confide this important topic to those main question to the conclusion that it was more appro- who will repose upon their past labors, thinking that they priately a subject for special reference. Whatever was supersede any necessity for further inquiry' Some of us entirely a matter of finance, belonged to the Committee of desire more light upon this subject than we have; it may Ways and Means. A subject involving finance and gene- be of benefit to those who are fixed in the belief that they ral political considerations, had been usually confided to do not need instruction; neither should the bank nor its that committee; but one in which were combined finance, advocates in this House fear, as they seem to do, an inquiwith varied considerations of political expediency, apart ry by a select committee. from a mere question of finance, and an undecided constitutional point also, was not to be referred as a matter of course to the committee, as might be seen, whether the custom of the House was invoked to determine the rights of the committee, or if a reference should be made to the rule fixing the range of its powers and duties. The last feature in such a mixed question so far outweighed all considerations of expediency to adopt or to avoid a particular project of finance, that it deserved to be presented to the public in the authoritative shape of a report, coming from a committee which had been raised for the purpose. Such a course is in conformity, too, with what is now the expectation of the people of the many sovereignties making up the Union, that vexed constitutional questions, originating from our legislation here, should be presented to them in all the aspects taken of them by different minds and parties, before any act was passed by Congress involving the exercise of a doubtful power.

One side of the question the public had from the gentleman who moves the amendment; it was its right to have at least the other from persons who thought differently, though he, [Mr. W.] in wishing this subject referred to a select committee, had no idea that it would be treated in that narrow spirit; but that it would be examined with enlarged notions of the obligations which such a reference would impose, and be presented to the House with a statesmanlike view of all the benefits and disadvantages of a bank existing and prospectively. The country had a right to a full investigation of the subject; such a one it had not had, and public expectation would be much disappointed if it did not receive from this House, after the repeated and marked manner in which it had been officially presented to it, an inquiry into the influence of such a bank upon State and private capital already invested in similar institutions, upon State policy and the several political relations of the States to the Union, its future inIt had been the neglect of this course, which had caused fluence upon them, and upon the action of the General so much difference of opinion in regard to the constitu- Government in those great exigencies in which nations may tional validity of many acts of Congress, and which had be placed, into what may be its permanent and occasional reduced us almost to a necessity, as the best way of com- effects upon individual property of all kinds, and upon an posing the irritation now existing, to take the legislation of honest legislation here and elsewhere; and, if it shall be Congress as a correct interpretation of what the constitu- finally determined that a national bank was wanted, into tion permitted. Mr. W. admitted that this subject had the many modifications of the present charter, which were been on several occasions confided to the Committee of necessary to make it powerless, except as a matter of Ways and Means, nor did he mean to say what had been convenience and profit to the Government, of moderate prodone was wrong when it was done. But if that commit- fit to the stockholders, and to prevent the stock held in it tee, in this Congress, consisted of persons holding the same opinions upon that subject with the committee of the Mr. W. was prohibited, by usage and rule, from now last Congress, and with the same chairman, it stood com- discussing either of those points; he would avail himself mitted by a report to one side of this question; and if, after of a proper occasion to do so; but it is right to allude to that report had been in the hands of the President for two them, that we may know how much may depend upon the years, he remained unconvinced by its reasoning of its cor- decision of the amendment now before us. But all those rectness, and again pressed the subject upon our attention, points and others should be discussed in a report from this it would certainly be wrong to give it a destination which House, to prepare it fully to meet an application from the foretold what its fate would be. Mr. W. did not intend bank to recharter it. Without it, we shall be unprepared,

by individuals from being a subject of corrupt speculation.

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and be deprived of those external influences upon our ac tion here, which such an inquiry would excite.

[DEC. 13, 1831.

Mr. WAYNE said he could assure the House that he had no project on this subject to present to their attention. The theory of our system is, that our legislation should But he must say that, so far from this subject belonging reflect the public will; and this is a great occasion when appropriately and exclusively to the attention of the Comwe should use all means to know what it is. The advo-mittee of Ways and Means, he thought that the chairman cates of the bank have not been idle in their efforts to en- of that committee had admitted, in what he had said, the list it in their support, and have most dexterously assumed two strongest arguments against such reference: first, that it to be in their favor: and by speaking of the antiquity of the subject was prejudged by the head of that committee; the institution as coeval with the beginning of the Govern- and, secondly, that that gentleman had avowed that this ment, as an essential agent in our financial operations, as highly important topic, presented to the consideration of affording personal convenience to our citizens, and great Congress by the President, should not be the subject of commercial facilities, they have made impressions, which action before the committee to which it was proposed to make it very desirable to them to stifle further inquiry. be referred, if he could prevent it. Now, Mr. W. said, But what reasons are there against referring the subject taking into view the present attitude of things, was it to a select committee? Will it be said, as it has been said, likely that the bank would itself make any application to and a stale declaration it is, that the mere reference will Congress, at the present session, for a renewal of its charprejudice the stockholders, by reducing the price of ter, so as to bring the subject up for consideration? He stock? The holders of it are altogether secure from any knew it would be said that, if the bank was not to make such depreciation, as they have the Secretary's report to such application, there would be no occasion for a commitsustain the bank, and which they will use to advance the tee on the subject. But his object was, that, by the inquiry price of stock. And, besides, their confidence in its real and report of an unprejudiced committee on the subject, value is shown by the price which they are willing to give the House should be prepared for any movement that for the stock held in the bank by the Government. might be made in regard to it. In conclusion, Mr. W. Sir, gentlemen are warned that while those of us here, asked, whether even a decent respect to the Chief Magiswho are not supporters of the bank as at present organiz-trate, who had presented this subject to the attention of ed, are disposed to meet them in a spirit of amity and Congress, declaring his views of it to be unchanged, did moderation, and to hear the terms of compromise they not require that the subject should be fairly and imparhave to propose as the condition of a renewed life; though tially examined by a special and unpledged committee. we may not be a majority in this House, yet we are too formidable in numbers upon the main question, and in opinion elsewhere, to be pushed by a majority into silence, a by having this subject referred to a committee which has already expressed itself adverse from our views; nor will we consent that this bank shall avail itself, in the disposition of this question, of the prejudices which have been raised in its behalf by the false reasoning of its advocates, and which, by its agency, have been widely circulated. Sir, I have trespassed more upon the time of the House than I would have done, if, having deliberately proposed a resolution, which this amendment is intended to defeat, it had not imposed upon me an obligation to give the reasons which determined my course. In every point of view, and whatever may be the result of this motion, (and the vote upon it will be far from disclosing the actual opinions of members in regard to rechartering the bank,) I must say that a proper attention to the message of the President, and a decent respect for that public opinion which he wishes consulted, and to be expressed in regard to it, require that the subject should have a select committee for its consideration.

The question was then taken upon Mr. McDuffie's motion for amendment, and decided in the affirmative by considerable majority, (numbers not announced,) and the House refused to permit a special committee to be raised on the subject, and referred it to the Committee of Ways and Means. Adjourned.

TUESDAY, DECEMBER 13.

The following named gentlemen compose the several committees, directed to be appointed yesterday:

Ratio of Representation under Fifth Census.--Messrs. Polk, of Tennessee, Holland, of Maine, Thomson, of Ohio, J. King, of Pennsylvania, Thomas, of Louisiana, Barstow, of New York, Bucher, of Pennsylvania.

On Internal Improvements. ---Messrs. Mercer, of Virginia, Blair, of Tennessee, Letcher, of Kentucky, Vinton, of Ohio, Craig, of Virginia, Leavitt, of Ohio, McCarty, of Indiana.

On the subject of Patents.--Messrs. Taylor, of New York, Choate, of Massachusetts, Corwin, of Ohio, Potts, of Pennsylvania, Wilkin, of New York, Silas Condit, of New Jersey, Banks, of Pennsylvania.

Militia.--Messrs. Barringer, of North Carolina, Adam King, of Pennsylvania, Weeks, of New Hampshire, Pitcher, of New York, Dearborn, of Massachusetts, Cahoon, of Vermont, Stewart, of Pennsylvania.

Mr. McDUFFIE replied. He said he could assure the gentleman from Georgia that he had no desire to take this Imprisonment for Debt.--Messrs. Johnson, of Kentucky, subject in his peculiar care: that it was one which had Cooper, of New Jersey, Kennon, of Ohio, Bouck, of New been heretofore referred to the Committee of Ways and York, Cooke, of Ohio, Dewart, of Pennsylvania, WhittleMeans, not as a matter of right in the committee, but as a sey, of New York. matter of usage and propriety as regarded the fiscal interests. What, said he, is the Bank of the United States? Is it not a fiscal instrument? Is it not as essentially connected with the Treasury Department as are the soul and body of man? It was for that reason, he said, that he On memorial of New England Asylum for the Blind.wished the subject of that bank to be referred to the Com-Messrs. Everett, of Massachusetts, Kendall, of Massachu mittee of Ways and Means. He should be exceedingly setts, Dickson, of New York, Everett, of Vermont, Briggs, sorry to deprive the gentleman from Georgia of any advan- of Massachusetts, Cooke, of New York, Heister, of Penn tage which he might desire, as chairman of a committee, sylvania. of an opportunity to present to the House some grand

On the system of keeping Public Accounts.--Messrs. scheme of an institution to supersede the present Bank of Wayne, of Georgia, White, of New York, Davenport, of the United States. For himself, he could say he had no Virginia, Grennell, of Massachusetts, Wm. B. Shepard, of object to answer in desiring the matter to go to the Com- North Carolina, Babcock, of New York, Slade, of Vermittee of Ways and Means; for it would not, as presented by the message, become a subject of action in that committee if he could prevent it. But he had felt it to be his duty, whilst perfectly indifferent as to its fate, to move the amendment.

mont.

On the subject of President and Vice President, &c.-Messrs. McDuffie, of South Carolina, Root, of New York, McCoy, of Virginia, Adair, of Kentucky, Hughes, of New Jersey, Thompson, of Georgia, Thomas, of Maryland.

DEC. 13, 1831.]

French Spoliations prior to 1800.

On the Affairs of the Library.-Messrs. Everett, of Massachusetts, Verplanck, of New York, Wayne, of Georgia. A great number of petitions were presented this day. Amongst others,

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He

him, [Mr. DRAYTON,] there had been but one report on the subject of these claims, for the last six years. would do the gentleman the justice to allow that the reason of the neglect, if it might be so called, last year, was Mr. EVERETT, of Massachusetts, presented a petition the fact that a select committee of the other House had praying for the settlement of the Oregon territory under made a report on the subject, thus, amid the pressure of the authority of the United States. Lest his opinions on business, rendering it less urgent upon the Committee on the matter involved should be mistaken from the fact of Foreign Relations in this House to give their attention to it. his having presented the petition, he considered it a duty He did not think that the claimants ought to suffer further to state that he could not urge the granting the prayer of from a delay, the continuance of which up to the present the petition at this time; because it would be impossible time had kept many of them in the state of afflicting to grant it, without violating the stipulations of the treaty penury into which the French spoliations had plunged on this subject with Great Britain. There was, however, them. He therefore thought that the consideration of one view of the subject in which it required the consi- their case ought to be referred to a select committee. deration of the House. It is stated in the memorial that flourishing settlements of British subjects existed in the Oregon territory. If this were so, it was in violation of a stipulation agreed to between Great Britain and the United States, that, during the convention, no settlement should be authorized to be made on the debatable lands, by the citizens of either country. This was a matter that required to be looked to, and was an appropriate subject of inquiry for the Committee on Foreign Relations.

FRENCH SPOLIATIONS PRIOR TO 1800. Mr. ELLSWORTH, of Connecticut, presented the memorial of sundry citizens of Connecticut, interested in the claims for spoliations by French cruisers prior to 1800, which claims were relinquished by the Government of the United States by the treaty of 1803, praying relief in the premises at the hands of Congress.

This memorial Mr. E. moved to refer to a select committee, observing that, from the large number of individuals preferring those claims, the subject merited the especial consideration of the House. He did not think that the consideration of those claims came within the province of the Committee on Foreign Relations, and was of opinion that the magnitude of the interests involved in the claims called for a select committee.

Mr. POLK, of Tennessee, thought that, from the nature of the memorial, its consideration belonged properly to the standing Committee on Foreign Relations, and he moved to refer it to that committee. [By the rules of the House, this motion has priority of right over a motion for a select committee.]

Mr. ELLSWORTH replied in support of his original position. He still thought the petition should be referred to a select committee.

Mr. EVERETT made a few observations to the same effect as those of Mr. ELLSWORTH.

Mr. HOFFMAN, of New York, was of opinion that, unless gentlemen wished to reduce the Committee on Foreign Relations to a state of complete inaction, it was proper to refer the petition to them, since he was convinced that it came within their province to report on those claims; first, on account of their intimate connexion with affairs in which they were supposed to be well versed, and, secondly, on account of the magnitude of the claims prayed to be allowed by the petitioners. These claims, he said in the course of his remarks, were old acquaintances of this House, and were not, as he thought, entitled to a different course from that heretofore pursued, of referring them to a standing committee.

Mr. ADAMS, of Massachusetts, regretted his inability to think with the gentleman from New York, [Mr. HoFFMAN.] He [Mr. A.] thought that a reference of that petition to the Committee on Foreign Affairs would be altogether injudicious. It was undoubtedly true that it had formerly, with others of the same class, been referred to that committee, but the reasons for such reference no longer existed, or rather, from the changed light in which the claims petitioned for then stood, were as strong arguments against that reference, as they had formerly been for it. When first those claims were presented, a doubt existed in the minds of the claimants concerning whom they should look to for reimbursement, whether to the Government of France, or to that of their own country. During such a state of things, it was, of course, proper that their petition should be referred to the Committee on Foreign Relations. But such a state of things no longer

existed.

It was known to a majority, but perhaps not to all the members of this House, that the claims of which the petition presented by the gentleman from Connecticut formed one, had been the subject of a negotiation between the Governments of the United States and France, in the year 1800. That this negotiation terminated in a treaty, one article of which, relating particularly to these claims, he would, with the permission of the House, now read.

Mr. A. here read the second article of the treaty of 1800, as follows:

Mr. HOWARD, of Maryland, said that this was one of a numerous class of claims, and it was fair that the wishes of others equally interested in the subject with the present petitioners should be consulted as to the course pursued. It was impossible to examine or decide on one case, without, at the same time, affecting the fate of all; and he ART. 2. The ministers plenipotentiary of the two partherefore thought that something was due to the wishes of ties not being able to agree at present respecting the treaty a very large majority of the claimants, who preferred that of alliance of 6th February, 1778, the treaty of amity and no action of the House, even by a reference to any com-commerce of the same date, and the convention of 14th mittee, should take place at present. They had commit- of November, 1788, nor upon the indemnities mutually ted the management of their claims to an individual who due or claimed, the parties will negotiate further on these was authorized to speak for them, and who represented subjects at a convenient time; and, until they may have nine-tenths, or perhaps more, of the whole amount of the agreed upon these points, the said treaties and convention claims thus depending. As far as they were concerned, shall have no operation, and the relations of the two counit was not desired that this House should take up the sub-tries shall be regulated as follows. ject, and he therefore moved to lay the petition upon the The treaty thus concluded was by the President of the table. United States laid before the Senate, who, in February,1801, Mr. DRAYTON, of South Carolina, said the claims of advised and consented that it should be conditionally ratithis class of petitioners had been before the House for a fied, provided that this article which he had just read number of years. The case they had made out was clear-should be expunged. It was therefore ratified by the ly a just one, none could be juster, or doubtless they were President conditionally, and sent back to France, where entitled to relief. The gentleman from Massachusetts this conditional ratification was accepted by the French [Mr. EVERETT] might be right; but if his memory served | Government with the annexation of another condition,

[DEC. 13, 1831.

H. OF R.]

French Spoliations prior to 1800.

namely, that the claims to which reference was had in the cided by usage. The gentlemen who had served on the expunged article should be considered as renounced. Committee on Foreign Affairs for the last six years, When the treaty, thus ratified with this condition upon would bear him out in the statement that a great deal of condition, came back to the United States, it was by Pre- the business before that committee related to claims unsident Jefferson sent again to the Senate, asking again der the Florida treaty, and in no degree affecting our their advice and consent, before he gave it the last sanc-present relations with any foreign Power. A difficult tion by proclaiming it to be a law of the land; and the question of private claim, growing out of our convention Senate thereupon resolved that they considered it as fully with Algiers, but without any possible bearing upon our ratified, and sent it back to the President for proclamation. present relations with that regency, had been before the The expunged article, it has been seen, contains a sti-Committee on Foreign Affairs for several of the last sespulation that the parties would thereafter negotiate again sions. The present claims, as had already been stated, upon these claims, (which, on the part of the United had been repeatedly before that committee. In reply to States, were, to a very large amount, belonging to a nume-a remark which he had made when up before, the genrous and most meritorious class of citizens,) and, also,tleman from South Carolina [Mr. DRAYTON] expressed a that they should, at the same time, negotiate concerning doubt whether the subject had been reported upon more the renewal between the two countries of the treaties of than once by the Committee on Foreign Affairs. 1778, which had been annulled by the Congress of the E. observed that he now held, in the volume before him, United States. The claims, to a vast amount, were al-a report which he had made when he had the honor to be most all for indemnities to enure in behalf of the United the chairman of the Committee on Foreign Affairs. It States and their citizens. The renewal of the treaties was a sizable book of itself, over one hundred pages, was understood to be for the benefit of France--those made up, however, for the most part, of a compilation treaties containing a guaranty by the United States to from a very large volume of papers, published by order France of her possessions in the West Indies. That of the Senate, on this subject, in the year 1826. In this guaranty was very onerous to the United States, because report, he would not pretend that he had done justice to it exposed them to the danger, unavoidable by them while the subject; but he had bestowed his best attention upon it lasted, of being involved in every war in which France it, and devoted considerable time to its preparation; parmight engage, at least with Great Britain. ticularly to the selection of the most important parts from

Mr.

Now, the exclusion from the treaty of the expunged the volume of between eight hundred and nine hundred article relieved the United States forever from the bur-pages already alluded to. Gentlemen would find the reden of the guaranty to France of her possessions in the port No. 82, of the second session of the twentieth ConWest Indies; and the condition annexed on the part of gress, and he believed the collection of documents ap. France to her assent that it should be expunged, was that pended to it would be found to contain most of the mathe claims, upon making indemnity, for which she had by terials requisite to make up an opinion of the case. In the same article agreed to negotiate, should be considered the concluding paragraph of this report, express mention as renounced. The claimants then, by the act of their is made of a report on the same subject, at a former sesown Government, have lost their just demand upon sion, in the case of Blenkenship, which Mr. E. also had France. Their property has been disposed of without the honor to make from the Committee on Foreign Afconsulting them, and without their consent, for an equi- fairs. It was short, and, for reasons stated, waived a disvalent which enures to the benefit of the people of the cussion of the subject. He believed he had made another United States, namely, the release, forever, from a bur- report on the same topic, but was not sure. A word or two in reply to the gentleman from New

densome and dangerous guaranty.

This, Mr. A. said, he took to be the principle upon York, [Mr. HOFFMAN,] who spoke of these high claims as which the claimants now came forward to ask for indem-"an old acquaintance of the House." Mr. E. feared the nity. It was upon the justice of their own country, and House was not always governed by the rules of courtesy not upon the generosity of another, that they relied. observed in private life; and was apt to treat its old acHeretofore there might be a doubt whether, notwith-quaintances with less kindness than new comers, though standing the peremptory dictation of the First Consul that perhaps less deserving of its notice. He knew that it the claims should be considered as renounced, there was against a claim, to have been long and unsuccessfully might not be a remnant of pretension still to be urged before the House; and yet, if the claim is just, he hoped upon France, and then there might be a propriety it was no reason for not paying it, that payment had been in referring the claims to the Committee on Foreign Af- long and injuriously delayed. But there was an importfairs. Now, all such expectations were extinct, and they ant fact on this subject, which he would ask permission to had no more to do with foreign affairs than with the affairs state to the House. In the year 1826, a volume of papers of the people of the moon. The question was between was published by order of the Senate, which had been the petitioners and their own country. The principle of furnished, on a call of that body, by the Department of their demand was the same with that of one well known State. Sir, that volume contained the materials for a comto the gentleman from New York and to the House un-plete demonstration of the justice of these claims; mateder the name of claims from the Niagara frontier, and for rials till then locked up in the archives of State. Since which large indemnities had been paid by this country. the appearance of that collection of papers, the current Mr. A. thought it would not have been more incongruous of opinion, in both Houses of Congress, had set strongly to have referred one of the petitioners of those claims to in favor of the claims. He had already observed that in the Committee on Foreign Affairs, than it would be now this House two, and he believed three, committees had to refer to them the petitions on these claims. He hoped, reported in its favor. In the Senate, since the same petherefore, that the motion of the gentleman from Con- riod, four, if not five, favorable reports had been made, necticut would prevail, and that the petition would be re- some of them accompanied with bills providing for the ferred to a select committee. payment of the claims. Two of these reports proceeded Mr. E. EVERETT observed that he was sorry again to from the present Secretary of State, Mr. Livingston; they trouble the House, although the subject was one well de- were very able, he would say conclusive, and established serving the share of its time and attention which it had both the justice and equity of the claims, in the most inreceived. He was indifferent what committee the sub-controvertible manner. Since the case had been underject went to, provided it went to a committee that would do it justice. The reference of subjects to the different committees of the House, was often in a good degree de.

stood, there had not, he believed, been an adverse ex-
pression of opinion by any committee of either House.
Mr. E. begged leave to make one more remark.

It

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DEC. 14, 1831.]

Committee on Roads and Canals.--Internal Improvement.

[H. OF R.

was believed that, by the late convention with France, Resolved, That there shall be appointed, for the present provision is made for the payment of our claims on that session, and hereafter, at the commencement of each sesPower accruing since 1800. As the payment of our sion of Congress, a committee of seven members of this claims similarly situated on other European Powers will House, to be styled "a Committee on Roads and Canals," follow as a matter of course, we shall then have this ex-whose duty it shall be to take into consideration all such traordinary state of things--that, of all the claimants for petitions and matters or things, relating to roads and caacts of spoliation by foreign Powers, the present class are nals, and the improvement of the navigation of rivers, as the only ones to which justice is to be denied. Our old shall be presented, or may come in question, and be reclaims on Great Britain, of the year 1794, were paid; our ferred to them by the House; and to report thereupon; claims on Russia, Sweden, Denmark, and Spain, have together with such propositions relative thereto, as to been paid; our claims on France and other Powers for them shall seem expedient. spoliations under the continental system are now to be A debate arose on this resolution between Mr. MITpaid: and the present claimants, whose demand has been CHELL, of South Carolina, and Mr. MERCER. The forequitably transferred to our own Government, will be left mer gentleman protested against the adoption of the reso the only class unsatisfied. In other words, our own Go-lution as unnecessary, because a select committee had vernment will be the only Government which will not do always been found competent to take charge of this busijustice to our own citizens. He was sure this was a state ness heretofore, but especially because the adoption of of things to which no gentleman would wish to give his such a resolution would lead to an impression that the sanction; and he trusted that the gentleman from New House was disposed to systematize internal improvement, York, old as the claim is, would take it into his candid and with it the present high duties on imports, &c. consideration; and in that case he felt sure he would find was disposed to soften and sooth, rather than to irritate it to rest on the strongest foundations of justice. existing discontents, as he believed the adoption of this resolution would. Mr. M. took occasion to say, that towards this object (conciliation) he was more than glad to hear the patriotic remarks which had fallen from the gentleman from Massachusetts [Mr. ADAMS] yesterday.

Mr. McDUFFIE wished to know if it were intended particularly to refer the spoliations prior to 1800 to a select committee, or to include all claims of the same kind in the reference. If the first, he should oppose it: he asked for information.

Mr. ELLSWORTH replied that he considered the claims of the present petitioners of sufficient magnitude to merit a reference by themselves, and that it was his opinion they should be so referred, without a reference to others.

Mr. McDUFFIE then, in reply, stated himself to be opposed to the reference of the claims in question to a select committee.

He

Mr. MERCER expressed unfeigned astonishment at the ground taken by the gentleman from South Carolina, believing that there was nothing in the resolution which went in any manner to commit the House either upon the general principle of internal improvement, or to any particular action under that principle. No one could be more disposed to the course of conciliation recommended by that gentleman than he [Mr. M.] was. But he could not perceive any connexion between that argument and the Mr. Speaker: My belief is that there is no occasion resolution before the House, which was a mere matter of for a select committee. These claims have heretofore form, intended to raise a general committee for all cases been sent to the Committee on Foreign Affairs, where of a similar nature, instead of appointing general committhey seem to belong, as the right to call on this Govern- tees on particular cases, as was done yesterday. A standment is supposed to grow out of certain diplomatic ar- ing committee of this character had for many years existrangements made between it and France. According to ed in the other branch of Congress, to the great convenimy recollection, in 1800, the agents of the two Powers ence of that body, and he could see no possible substantial negotiated a treaty or convention, but were unable to ad- objection to the same course here. just these claims, as the French Government put in certain counter claims growing out of an undertaking on the part of the United States to guaranty to that nation the peaceable and undisturbed enjoyment of her colonies. A treaty was agreed upon, leaving both matters unsettled; Mr. SPEIGHT, of North Carolina, wishing to present but it afterwards was so modified as that the claims on his views on the subject, and not desiring to proceed tothe one side and the other are now supposed by these day, because of the lateness of the hour, moved to postclaimants to be extinguished; and as this Government pone the further consideration of the resolution until towas relieved from an onerous engagement, in considera-morrow. tion of surrendering these claims, the claimants contend it received a good consideration for releasing them, and ought now in justice and equity to pay them. These, sir, being the substance of the facts, it is obvious that the right to come here, if it exist at all, grows out of an assumption of the claims by this Government in consequence of a diplomatic arrangement; and it seems to me the matter falls appropriately within the jurisdiction of the Committee on Foreign Affairs, and the petition ought to be referred to them.

The question was then taken on referring the memorial to the Committee on Foreign Relations, and decided in the affirmative.

The House proceeded to the election of a Chaplain, when the Rev. REUBEN POST, having received a majority of the votes, was duly elected Chaplain on the part of this House.

COMMITTEE ON ROADS AND CANALS. The House then proceeded to the consideration of the following resolution, proposed by Mr. MERCER:

Mr. CRAIG, of Virginia, not perceiving any benefit to arise from prolonging the discussion, moved to lay the resolution on the table.

This motion was negatived.

The House refused to postpone it; but, before any decision of the question,

The House adjourned.

WEDNESDAY, DECEMBER 14.

INTERNAL IMPROVEMENT.

The House resumed the consideration of Mr. MERCER'S motion for adding to the standing committees of the House a Committee on Roads and Canals.

Mr. SPEIGHT remarked that he felt it his duty to oppose the passage of the resolution. He understood the gentleman from Virginia on yesterday to say that the adoption of the resolution would imply no expression of opinion on the part of this House as to its legitimate scope in relation to internal improvement. For his own part, he could conceive of no possible way in which this House could express its opinion of the legitimate power it had over roads and canals, but by the appointment of a standing committee on that subject. He had never heard it contended for, that Congress had the constitutional power

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