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JAN. 5, 1832.]

South Carolina Claims.

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to the Committee of Claims. If, indeed, I could hope, ed upon South Carolina to do for the General Government with my respected colleague, [Mr. ADAMS,] that sending what that Government could not then do for itself, would it to that committee would promote its passage, I should have been thought, in the highest degree, unreasonable, go with him for the reference. But I must rather judge preposterous, and offensive. South Carolina would have of the effects of such a reference, by the arguments of the replied--"You choose a strange moment for this dictation; gentleman from Virginia, [Mr. McCox,] who made the in itself strange and unbecoming. You prescribe to us motion for it, when the subject was last before the House. narrow conditions as to the way in which we shall perThat gentleman did not disguise his object. He told us form your duty. We cannot be thus dictated to: if your that he would refer the subject to the Committee of are obliged to trust us to perform a part of your highest Claims, not to promote its passage, but to reduce and cut duty, you must trust us a little as to the details of the manit down. He said that the claims of other States, for militia ner in which we perform it. If we should give our troops services in the war, had been reduced by that committee, a few more rations, a little better clothing, an extra blanand that South Carolina must submit to the same fate. ket beyond what you have allowed, or might allow, in Now, as I am not in favor of such a reduction, I am not some other cases yourselves, we cannot agree to be told in favor of the reference by which it is proposed to that we did wrong. If you will devolve your duty on us, effect it. The state of things is very much changed we must be entrusted with reasonable discretion in its since the reductions, to which the gentlemen alluded, were performance." made. The claims of the States were presented at the close Mr. Speaker, the only question I will ask myself, in this of an expensive war, when a debt of a hundred and matter, is this: Did South Carolina really, and in good thirty or a hundred and forty millions was hanging over faith, expend this money on the occasion and for the purthe country, and the treasury was exhausted. It was, poses alleged? I care not if she did it improvidently, therefore, not so much a matter of expediency as of ne- (though that is not pretended.) If she did it bona fide, it cessity, to pursue a pretty rigid course in the allowance ought, under the constitution, to be refunded to her. Why, of the large claims that were presented for the militia ser-sir, what sort of a transaction would this be in private life? vices of the States. This state of things is wholly chang- A gentleman, absent from home, the owner of a large esed. We labor now, not with an exhausted, but an over- tate, hears that there is imminent danger; that his plantaflowing treasury; and the first and most pressing motive tion will be attacked by a powerful band of robbers. He for those reductions which the gentleman alluded to, has writes to his friend and neighbor to raise an adequate force wholly ceased to exist. to repel them, and protect his house from being burned, But I must go further. This is not my only nor chief his crops from being trampled down, and his storehouses reason for not sending this demand to the Committee of plundered. His friend performs this dutý zealously and Claims. I have the misfortune to differ from my respect- successfully-drives off the banditti, and saves the proed colleague, in not thinking the subject itself, at this pe-perty. But when he sends in his account for the expenses riod and in its present form, peculiarly adapted for consi- necessarily incurred, his friend, though abundantly able deration by that committee. In saying this, I must add to discharge it, and though the account is moderate in that I am behind no one in the respect I cherish for the itself, begins to cavil at the items-" You paid the hands gentlemen who compose that committee, and the sense I a quarter of a dollar a day too much. You fed them on entertain of the value of their services to the country. bread and meat, instead of chaff and beans. You gave But I can see nothing in the nature of this claim, which them blankets to cover them, when they might as well ought to bring it within their jurisdiction. On the con- have laid in the open air; and you have actually expended trary, there seems to me, in the facts and circumstances in fifty dollars more than I could have got the job done for, which it originated, something high-peculiar-confiden had I been at home to make my own bargain!" Such distial, which rather fits the general question of allowance creditable conduct, in private life, is that which we are for the consideration of a Committee of the Whole House now asked to pursue toward the State of South Carolina. on the state of the Union, with no further reference to any The gentleman from Virginia [Mr. McCor] would resubordinate committee than is necessary for the prepara- fer this subject to the Committee of Claims, in order that tion of the bill; a work appropriately belonging to the it might be disposed of on principles which would secure Military Committee, from the very nature of the service the treasury against the reopening of the accounts which concerned. had been closed, of other States for military services in

the constitution.

What are those facts and circumstances? In time of the war of 1812. Sir, I have before denied, on this floor, war, and at a period of great and general pressure, the and I ever will deny, as long as I have the honor of a seat Government of the United States makes its appeal to the upon it, that there is more than one way in which a fair State of South Carolina. It says to the State of South Ca- account against the Government can be closed, and that is rolina-we are unable to perform the whole of our duty paying it. If the accounts to which the gentleman alin defending the country; we are unable to defend, at this ludes have been fully and justly paid, they cannot be openJuncture, that portion of the Union which lies within your ed again; if they have not been so paid, the sooner they limits; we call upon you to act for us; to defend yourselves are opened and paid, the better. This process of closing and the fair portion of this common heritage where you accounts in a case where you are not merely judge and dwell, and you will look to us for your indemnity, under jury in your own cause, but actually above law-for the Such is the appeal which the United United States cannot be sued-is rather a suspicious one. States actually did make. But now suppose the General I cannot, for one, agree to deny justice to South Carolina, Government, instead of stopping here, had gone on-"But for fear I may be obliged, on similar principles, to extend take you care, State of South Carolina, how you proceed in justice to some other State. When the gentleman spoke defending yourselves. Beware what numbers of men you with such apprehension of opening the accounts of the raise, how you pay, how you feed, how you clothe them; for war of 1812, I could not but be struck with the circuminstead of taking your voucher that your expenses were stance that there had been laid on our tables, that very bona fide incurred in the discharge of the trust I depose day, a memorial from Virginia, asking this Government on you, I will send your accounts to a Committee of for a large sum of money on account of the services of her Claims, to be sifted and pared down to the last farthing; and soldiers in the war, not of 1812, but of the revolution. I this, although you delay their presentation till my now have not yet, sir, read that memorial and the numerous beggared treasury is full to overflowing." Sir, if we com papers which accompanied it; but I intend to read them; mit this bill, we act up to the spirit of language like this; and if I find that any thing is due to Virginia, old as the acwhich, had the United States really used it, when she call-counts are which it may be necessary to open, I shall vote

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the money as cheerfully as I ever voted a dollar in my life.

[JAN. 5, 1832.

It

to the freeholder--to the farmer who volunteers his service in the hour of danger, a blanket to cover him; and Mr. Speaker, I am against committing this claim again, shall we allow it to the Swiss who fights for his dollars and because I am ready to give my voice for paying it now. cents? We want no committee to tell us this. If the State If we pay it now, handsomely and fairly, the whole trans- of South Carolina acted as an agent of the United States, action, from its inception to its close, will be one of those and in good faith furnished the blankets to her citizens, incidents in the history of this Union, and the States which the United States ought to pay for them, even although compose it, most friendly to their harmony and preserva- the Legislature of that State might have proceeded with tion. What is it, sir? In time of war the General Govern- rather too much liberality in making the allowance. ment finds itself obliged to resort to a State Government was not a question of statute law, but of common law; and for its aid and co-operation in performing the duty of de- the common law, he observed, always protected agents fending the country. I never wish the time to come while acting in good faith. They needed no report of when the General Government shall be so strong-shall the Committee of Claims to instruct them on that subwield such a vast military power, as to be able to dispense ject. Why, then, refer the bill to that committee for inwith the co-operation of the States. When the duty is formation as to the fact or the law? He could perceive no performed, and the war is over, and the treasury is full, reason under heaven. There was not a gentleman within the State comes to the General Government and asks for sound of his voice who did not know as much about the reimbursement of her expenses. Sir, I desire never to claim of South Carolina as they need to know, that was, see the time when such calls shall be too nicely canvassed. provided the report from the Committee on Military AfI do not believe that South Carolina cares a straw for this fairs was true. He went throughout on the supposition seven thousand five hundred dollars for blankets, nor for that that was a true report, notwithstanding the chairman the whole bill; but she does care to have a claim, which of that committee was a citizen of the State claiming, and she prefers in her capacity as a sovereign State, kindly might, by possibility, have some remote interest in the met, and equitably paid. This interchange of good offices passage of the bill. He never could consent to believe is highly propitious to the harmony of the General and that this would have the slightest influence on any stateState Governments. What we most want is to make the ment he should make to the House. I would not, said General Government an object of confidence and affec- Mr. B., dissent from the verdict of that man in his own tion; and I wish to pursue such a course, on this occasion, case, in a matter between him and me. There is not one as will lead South Carolina to say we have treated her who breathes the breath of life, on whose unblemished claim handsomely. I hope it will not be committed. honor and integrity I would sooner rely. How, then, is Mr. BURGES, of Rhode Island, observed that so much it possible that we should consent to send his report to be had been said by other gentlemen, that it would not be ne- passed upon by another committee? May my tongue be cessary for him to say any thing as to the merits of the blistered when it gives a vote to bring that gentleman claim. What was the question? The House, after a labo-into such discredit in this House. There is none who disrious examination had been had, both of the fact and the believes his report, or lisps aught against it. Why, then, law, were asked to recommit the bill, that the same exa-send it to another committee? Because that committee mination might be gone into again. The claim of South inquires into the moral obligation of the United States to Carolina had been referred to a committee, than whom pay claims. Why, sir, is there a committee in this House none were more able or more fully competent to examine whose proceedings are not bottomed on the principle of it, and it had by them been reported upon, and a bill had moral obligation? On what other principle are claims ever been brought into the House allowing the claim. Why allowed? But still may there not be various departments recommit it? What good end would be gained? Would of claims, though this general principle runs through them the recommitment ascertain one fact that was not already all? A claim for losses or sufferings sustained in the land known? Must it be sent to another committee, in order to service is different, in some respects, from a similar claim ascertain that the United States were unable to defend the founded on services in the navy.

coast of South Carolina at the commencement of the late Is it not proper to refer such a claim rather to the Mili war? or that South Carolina was obliged, from the ne-tary Committee, than to the Committee on Naval Affairs? cessity of the case, to become the agent of the United Certainly.

States in the work of her own defence? Why, then, send One of these committees is presumed, and justly, to be to seven gentlemen to ascertain facts which every one skilled most in what relates to naval concerns, while the knew? Why carry the cause to a jury, when all the facts other is most conversant with what relates to military afwere agreed upon? Did the House want light upon the fairs. The Committee of Claims takes cognizance of dequestion of law? Did they want the advice of the honora- mands which have neither of these distinctive marks. ble committees as to the question whether blankets were But, supposing a claim should be presented to this House allowed to militia? Could not gentlemen turn to the laws for land; a claim founded on the broadest principles of mo of the United States for themselves. However other rals. Would you send such a case to the Committee of cases reported from the Committee of Claims might pass Claims? Is such the practice of this House? No, sir. Claims the House unexamined, gentlemen might be very sure for land are uniformly sent to the Committee on Public that this would not. Could not the House examine such Lands, because they are supposed to be most versed in a question, as whether militia, exposed in the defence of the land system. The claim of South Carolina was, with the country to cold and rain, were entitled to blankets or the greatest propriety, referred to the Committee on Milinot. Whether a militia-man was entitled to the comforta- tary Affairs, because it is based on military services, perble accommodation of a blanket to wrap himself in, which formed on behalf of the United States by the citizens of cost a dollar and a half--not under the beams of the sun, South Carolina in a time of war. It falls peculiarly within but by star-light--when the damps in June exposed them the province and jurisdiction of that committee. to sufferings that would call forth the commiseration of Mr. B. said he could not for his life conceive how such any man that had a heart. Was it a question whether the a claim was connected with the bill to which allusion had country had extended such an indulgence as this to those been made as providing for the widow and the orphan who volunteered to defend her? Mr. B. said she had. He He should, therefore, attempt no answer to that part of could refer to volumes in proof of it. The country had the discussion of the gentleman from Massachusetts, [Mr. never been so unfeeling as to refuse it. What! asked Mr. ADAMS.] I do not know, said Mr. B., whether it is con B., shall we give a blanket to the hired soldier who fights nected with any other claim. I will not know it. I will for money, and not allow it to ourselves? Shall we deny not ask whether it will exhaust the treasury, or whether

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South Carolina Claims.

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there are not other claims, of a similar kind, which will going to that committee? It is not necessary for me, bring the Government into great indebtedness. With me nor for this House, to determine on the present occasion it never would be a question whether the Government to which of the two committees such a claim ought to go. could pay, but whether it should pay. And I will never This body has itself settled that question, and virtually consent to send them, at this late hour of the session, to made a rule upon the subject. another committee, for the purpose of ascertaining what I already know.

But the gentleman from Rhode Island has chosen to consider such a course as that rule prescribes as reflecting Mr. WILLIAMS, of North Carolina, said that this was on the Committee on Military Affairs. Sir, how will the simply a question of reference: all remarks on the merits principle of this objection work? He says he is for the were, therefore, out of order, and he should not enter on observance of parliamentary decorum, and for treating that question, but merely add a few remarks to what had all the committees with due respect. Well, sir, agreed: already been so well said by the gentleman from Massa- but does he feel no compunction when a subject is taken chusetts, [Mr. ADAMS.] The Committee of Claims had al- from the jurisdiction of the Committee of Claims, and ways had cognizance of claims of this nature. They had, given to the Committee on Military Affairs? Certainly, then, the practice of the House in favor of the reference; if any imputation is involved in a proceeding of this and why was the bill not properly referrible to that com- kind, the imputation is on the Committee of Claims. mittee? The gentleman from Rhode Island had answered, This does not wound the gentleman's delicacy and his because the claim grew out of affairs of a military nature. fine feelings, (and I know that he possesses these in great But the claim was not to be decided by that consideration. abundance.) No, sir, this gives him no uneasiness whatWhen Virginia had made large advances to her militia, ever; his whole concern is about the reference of the under circumstances of a similar kind to those now urged, subject to the Committee of Claims. what had been done with her claim?

The gentleman now in the chair had, he believed, introduced the claim, and moved its reference to the Committee of Claims. Here, then, they had the authority of the House, and of the Speaker of the House, that it was proper such a case should go to the Committee of Claims.

Mr. W. concluded by again insisting that the authority of this House had settled the precedent, and that the subject belonged legitimately to the Committee of Claims. Mr. REED, of Massachusetts, said that, in doing the business of the House, it was very important to observe some fixed rules. The whole question involved was, The committee had accordingly taken up the subject, what rule applied to the case? The argument urged examined it, scrutinized it, and materially reduced the by the gentleman from North Carolina might have been allowance claimed. Did Virginia feel herself aggriev- a very proper and pertinent one when the question of ed? Not at all. She did not feel her dignity in the least reference first came up; but at that time it was not urged; offended. Nor did the gentleman from Virginia [Mr. McCor] intend to cast the slightest imputation on South Carolina by his motion to recommit the bill. Neither did he [Mr. W.] in advocating that motion. Far from it. No gentleman in the House had cast any reflection on the character of the State of South Carolina, or upon the Military Committee, and especially not on the honorable chairman of that committee, a gentleman entitled in every respect to as high regard as any other member in the House. After Virginia, the State of Maryland had petitioned; and what had been done in her case? It had been referred to the Committee of Claims. Next came a similar petition from the city of Baltimore. To what committee had that been referred? To the Committee of Claims. Then came the claim of the State of Delaware. Where did that go? To the Committee of Claims. What was done with the claim of Pennsylvania on the same subject? It was sent to the Committee of Claims. What with that of the State of New York? Sent to the Committee of Claims.

all seemed at that time to have overlooked it. But the claim had been referred to the Military Committee: that committee had considered and reported upon it: and he asked whether, when one of the standing committees of the House had examined a subject referred to them, and had submitted a report upon it to the House, it was proper to take that report and refer it to another committee; had this ever been done? If the reports of the committees of this House were to be treated in that manner, he believed the committees would soon cease to make reports. If any gentleman was dissatisfied with the report of a committee, the proper course was to move a recommitment of the subject to the same committee with instructions, or to a Committee of the Whole House, which included all the committees. The merits of the claim were not before the House; the sole question was whether the report of one committee should be submitted for revision to another committee of equal standing. All the committees of this House were respectable, and to be treated with respect; and even were he opposed to the Well, sir, said Mr. W., at length South Carolina pre-report which had been made, (but he approved of it,) he sented her demand, and what direction was given to it? should be utterly opposed to sending it to another comThat, too, was sent to the Committee of Claims. They mittee.

examined it patiently, diligently. They found it to con- Mr. DRAYTON had not intended to say one word on tain items not included within those rules which had been the subject, nor should he, had not the gentleman from established by the House for analogous cases, and they North Carolina made statements in matters of fact which reported against them. The rules of the committee were erroneous. That gentleman had affirmed that all had been sanctioned by the House; but, owing to the pres-subjects of a kind similar to that in the present bill sure of business, this report was not acted on. Now the had always been sent to the Committee of Claims, and same claim was preferred again, and it is sent to the if the present bill did not take the same direction, it Committee on Military Affairs. Is not this, said Mr. W., would be a violation of the usages of the House, and dealing with South Carolina in a different manner from introduce confusion into its proceedings. That gentlethat in which we have dealt with all other States? An- man's experience in the business of this House was swer, me this question. Why is South Carolina alone to greater than his own; but so far as his own experience have her claim examined by the Military Committee, and went, it was diametrically opposite to what the gentleevery other State by the Committee of Claims? Here is man had stated. He did not recollect a single instance incongruity. I do not say, nor do I believe, that any where the claim of a State for remuneration for the thing improper has been intended; but I do say there is expense of military services of her militia was ever sent an incongruity. Why is a subject which has always to the Committee of Claims. He knew, indeed, that heretofore been referred to the Committee of Claims, many claims, when military services were involved, had taken from its jurisdiction? And why is the gentleman been referred to that committee, but not when militia from Rhode Island so zealous in his efforts to keep it from services had been rendered for the national defence, not

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incidentally, but primarily. What said the rule designat- high respect, and from whom it caused him regret to difing the respective duties of the different standing com- fer. That gentleman had observed that, should the pre. mittees? [Here Mr. D. read the rule: "It shall be the sent claim be allowed, Massachusetts would be entitled duty of the Committee on Military Affairs to take into to the allowance of a similar claim for about a million of consideration all subjects relating to the military establish- dollars, and he wished the bill referred to the Committee ment and public defence, which may be referred to them of Claims, because that committee might with propriety by the House, and to report their opinion thereupon; and, be denominated the committee of moral obligations, and also, to report, from time to time, such measures as may he appeared to be confident that, after that committee contribute to economy and accountability in the said es- had sanctioned the claim, the demand of Massachusetts tablishment."] All claims for services relating to the would be allowed of course. With all deference, he public defence." Did not the present case come within could not consider this as consistent reasoning. The the very letter of the rule, so far as to the principle in- gentleman wished the bill to go to the Committee of volved? Then as to the facts. He could mention vari- Claims, because it would be entitled to more consideration ous States which had presented claims similar to those of from having had the reports of two committees in its faSouth Carolina, and their claims had gone to the Military vor, especially because the Committee of Claims would Committee. He did not question the gentleman's state- be untrammelled by the particular circumstance of having ment that it had formerly been the practice of the House for its chairman a subject of the sovereign State of to send such demands to the Committee of Claims; but it South Carolina."

had not been so since he [Mr. D.] had enjoyed the honor Mr. D. said he was not prepared to distinguish a subof a seat in that House; and, for his own part, he should ject from a citizen. The gentleman indeed had affirmed be inclined to think the latter practice on this subject that "sovereign" and "subject" were correlative terms. preferable to what might perhaps, with propriety, be With great deference, he must beg leave to differ. termed the former antiquated and erroneous practice. The States of this confederacy were sovereign States, He pledged himself to enumerate many cases of a similar because they owed no allegiance to any foreign Governkind to the present which had gone to the Committee on ment. The term sovereign had reference to foreign Military Affairs. The first he recollected, was the claim Powers, but those ruled by sovereigns were not thereof Georgia for services on behalf of the United States, fore necessarily subjects. The term subject applied to performed by her militia against the Indians. The next the condition of persons under the Government of Europe, was the claim of Massachusetts: this had twice been re- where all power was held to flow from the Crown; but in ferred to the Military Committee since he had been a mem- this country the case was precisely the reverse. Here the ber of the House. The claim of the State of Delaware had received a similar reference. Here were four cases of reference of claims precisely analogous to that in the present bill, for precisely the same sort of services.

Mr. D. said he should have remained silent but for another error on the part of one of the gentlemen who advocated the motion for recommitment.

higher power was derived from the people--the people were the sovereigns; and could a sovereign be a subject? Why were the people of this country called "citizens?" Because they were all equal! But were subjects all equal' Not at all! there are different grades of subjection, from the ducal-coronet down to the meanest day-laborer. But here all are citizens, and all are sovereigns. He did not acknowledge himself a subject of the State of South Carolina, because he was one of the people of that state, and so far a sovereign. But the remark of the gentleman seemed to imply that some influence would be exerted by the chairman of the Military Committee, from the relation he bore to his native State.

The gentleman at the head of the Committee of Claims had put to him this question: whether blankets were allowed to the militia by law, or by a regulation of the War Department? And he had answered the gentleman that they were allowed by regulation; yet the gentleman had accused him of being in error, and had denied to the House that blankets were allowed by law in Mr. D. said he was perfectly sure that the gentleman any circumstances. But he [Mr. D.] had never affirmed from Massachusetts had not intended any injurious reflec that they were, but, on the contrary, had expressly tion. He entirely acquitted him of any such intention; stated that they were allowed by regulation only. That yet he must say that the inference from the gentleman's assertion he made on the ground of evidence which was remark could be none other than that because the chair. embodied in the report. The objection of the depart- man of the committee happened to be a citizen of the ment to allow the item for blankets was not that the State preferring the claim, he would be under a bias incharge was an improper one, but that it was disallowed clining him to decide contrary to honor and justice, and by the regulations. Now he should be glad to know on that he would violate the duty of his station, for the sake what principle the regulation adopted by one of the of putting into the coffers of his native State a few paltry departments precluded the examination of a charge by dollars and cents. Either that was the legitimate infer that House. He did not blame the department for adopt-ence from the remark of the gentleman, or else it was a ing those regulations-they may have been foisted upon dead-born and unmeaning observation. Nothing could it from the necessity of the case, because there was no be inferred from it, than that a citizen of South Carolina, law. But still they were no more than regulations, and in making a report in favor of his State, was governed they could claim no further authority.

not by honor, patriotism, or any praiseworthy sentiment, Mr. D. wished it to be distinctly understood that in but had prostituted his independence and integrity, mereurging this claim he did not at all address himself to the ly for the sake of putting a little money into her coffers. generosity or magnanimity of the House. He would not He knew no other meaning that could be attached to the make an appeal to such considerations, were his State remark, unless it were that the individual, though not thereby to gain millions. He appealed to the equity and intending to act dishonorably, was, nevertheless, unwil the unbiassed honor of the House as individual gentle- lingly and unconsciously operated upon by a secret bias, men, to say whether such an item of claim ought or leading him, without his own consciousness, to violate the ought not to be allowed. Much that he might wish to dictate of truth and honor. But, secret as the bias might add had already been so well said by the gentleman from be, if it existed at all, it must proceed from the same Massachusetts, who last addressed the House, [Mr. source, and that source must be contaminated. It had EVERETT,] that he forebore a repetition; but as he was been said that the Committee of Claims founded their de up, he would reply to one or two remarks which had cisions exclusively on the ground of moral obligation; but fallen from the first gentleman from Massachusetts, [Mr. surely all claims coming before that House made their ap ADAMS,] a gentleman for whom he entertained very peal to that principle, and to that alone. He knew of but

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two kinds of obligations to pay money--legal and moral. this Government, whose duty it was to defend it, was Claims that rested on legal obligation were enforced by wholly unable so to do. The questions presented by this the courts--it was those only which rested on moral bill, therefore, do involve new principles, and may thus grounds, and for which the courts afforded no redress, be considered important. But who should we consult on that were the legitimate objects of the attention of that House.

Mr. PEARCE, of Rhode Island, now moved an adjourn ment, but the motion was promptly negatived.

the question whether this Government shall pay for arms, balls, or the transportation of baggage or stores?-the Committee of Claims or the Committee on Military Affairs? Which, by its organization, is supposed to be most Mr. DAVIS, of Massachusetts, said the debate on this conversant with the matter? Is not the whole affair miliquestion was not a very profitable one, for it had involved tary in its character? and, so far as principles are involv matters which were collateral to the inquiry raised by the ed, or any change of the rules of action are proposed, motion; matters which had elicited from some gentlemen does it not affect exclusively military transactions? Sir, considerable feeling, and from others much criticism. It there seems to me to be the most obvious propriety in is, said Mr. D., worth while to go back and ascertain from submitting this matter to the gentlemen who have had the what we took our departure. care of it, and of taking their judgment upon it. Sir, said

A motion was made the other day by a gentleman from Mr. D., there is another view of this matter, and I appeal Virginia, [Mr. McCor,] to recommit the bill to the Com. to the House to decide whether it ought not to have great mittee of Claims, that they may report upon it. Under weight. One of the States of this Union has been dewhat circumstances is this motion made? South Carolina manding justice, as she says, at our hands, for many years. came here as a petitioner for the reimbursement of certain Her delegation now declare their wish that the fate of money which she paid out of her treasury to defray the their demand may meet with a decision; and shall we delay expenses of her militia during the late war. She came them longer? Our duty to ourselves and to the country, here because her demands had been rejected at the War as well as to the claimants, requires that we should meet Department; and this petition was referred, by the order the question manfully, and decide it at once, by recording of this House, to its standing Committee on Military Af our votes for or against it.

fairs. They have made a favorable report, and brought Mr. BARBOUR, of Virginia, said he found that the inin the bill now under consideration, which it is proposed telligent gentleman from Massachusetts [Mr. EVERETT] to throw into the hands of the Committee of Claims. And labored under a serious delusion as to the claim advanced why, said Mr. D., is this motion made? It is certainly an here by the State of Virginia; and he merely wished to unusual course of proceeding, if not an uncourteous, to offer one or two observations, in order to correct the call on one committee to revise the work of another. Are error into which he had fallen--an unintentional error, any new facts to be brought to light? Any new matter no doubt. The honorable gentleman had said that the which will aid the inquiries of the House? I have heard petition preferred by the State of Virginia would, if comno gentleman suggest that any such thing is anticipated. plied with, have the effect of opening claims for revolu The motion, therefore, seems to rest on this ground alone. tionary service. If the gentleman thought this, he must Some gentlemen do not concur in opinion with the com- have totally mistaken the character of the claim. The mittee; they are dissatisfied, and would adopt any mea- gentleman indeed had candidly stated that he had not sures which might be considered fair to defeat the bill; read the petition of Virginia, and Mr. B. was sure, when they, therefore, would experiment a little to see if they he should have read it, that he would have the candor to can obtain a counter opinion. This, if I may be allowed acknowledge this. The true state of the case was this: to use the expression, is one of the games of legislation, Virginia had been called upon to discharge the obliga to destroy a bill by delays, and, I believe, is considered tions of the United States, and all she asked of the Genefair for those opposed to a measure. But, sir, the argu- ral Government was that she might be paid the money ment has gone further; it has been urged, with great zeal thus advanced.

and vehemence, that this matter ought to go to the Com- Mr. ADAMS rose in reply, and promised not to detain mittee of Claims, because it is appropriate for them alone; the House more than two or three minutes; nor should and why? Because they are better qualified than the he have risen at all, had not the observations he had had Committee on Military Affairs? Let us look at the matter the honor to submit been received in a manner totally dif a moment, and see whether it is not such as may be safely ferent from what had been intended by him; in conseconfided to the seven gentlemen selected by you, sir, to quence of which, he was under the necessity of disclaiming compose that committee, to whom we entrust concerns of what had been erroneously imputed to him. great moment. Carolina has been here for sixteen years asking you, either here or at the Department of War, to allow her the amount of certain sums she paid out of her treasury.

One gentleman had considered that, by supporting (for he had not made) the proposition to refer the bill to the Committee of Claims, he had passed a virtual, if not an express imputation on the very respectable Committee on Military Affairs, which had reported in its favor. He was happy, however, that the Speaker himself had expressed himself as sensible that he had had no such intention.

She asks, in the first place, to be paid for cannon balls which she furnished for the war. Is there any thing in this item which calls for such peculiar skill in the settlement of accounts, as that this committee of seven could not do justice to it? The next item is for the transporta- The gentleman from Rhode Island himself had not more tion of baggage, &c. And is this a matter of such deep confidence in the honorable gentleman at the head of the perplexity that the committee could not manage it? There Military Committee than he had. If a question as to prois also an item for arms which the State bought, and now perty arose between that gentleman and himself, he should claims pay for. This is the substance of the account with as much pleasure refer it to the decision of the genwhich is said to require revision by the Committee of tleman himself, as his friend from Rhode Island. But the Claims. To me, sir, it seems, so far as it is an account of present was not a question between that gentleman and dollars and cents, a very plain, simple affair. There is, himself, but between the State of South Carolina and the however, a view of it which is more important. The treasury of the United States: and he stool, together Executive branch of the Government refuses to allow these with other gentlemen around him, as the special guardian charges, and requires that the State should make the of the treasury, as the property of the people. sacrifice occasioned by the loss, though the money is said It was true, as one gentleman had taken care to remind to have been expended bona fide for the defence of the him, that he was a new member--he had had less expecountry, and at a time, and under circumstances, when rience, and possessed less knowledge of the practice of

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