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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.

MOUNT VERNON, February 15, 1832. To the honorable the President of the Senate,

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

and the Speaker of the House of Representatives: GENTLEMEN: I have to acknowledge the receipt of your letter, and the resolutions of Congress to carry into com-depended on the consent of the House, he hoped they plete effect that which was adopted in December, 1799, for would be recorded at length upon the journal. He the removal of the remains of George Washington to the thought it due to the gentleman concerned--due to the

seat of Government.

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.

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.

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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.

NAYS.-Messrs. Adams, Appleton, Armstrong, N. Barber, J. S. Barbour, I. C. Bates, Beardsley, Briggs, J. Brodhead, Cahoon, Choate, L. Condict, S. Condit, E. Cooke, Crane, Creighton, J. Davis, Dearborn, Denny, Dickson, Doddridge, Ellsworth, E. Everett, H. Everett, Grennell, T. H. Hall, Hammons, Harper, Hodges, Hoffman, Howard, Hubbard, Hunt, Huntington, Irvin, Jarvis, C. C. Johnston, Kendall, Kerr, Lecompte, Mercer, Newton, Pitcher, Randolph, J. Reed, E C. Reed, Slade, Southard, Storrs, F. Thomas, Vance, Washington, Watmough, Weeks, Wilkin, Wheeler, Williams, Young.-58. SOUTH CAROLINA CLAIMS.

[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 certain reasons, be willing to waive a part of her claim, but that did not touch the right. Mr. M. here went into a statement of the circumstances which had induced Virginia, at one time, not to press the whole of her demands upon the United States. But if one State should choose to compound for a part of her demand, that did not in the least affect the rights of other States.

The principle was a very important one. It was im. portant that all the States should understand that, if under any emergency the General Government should be unable to extend its shield over all the extremities of the Union, those States who, in such a crisis, made advances 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.

Mr. DRAYTON opposed the amendment, and contended that South Carolina asked no more than what had been allowed in the case of other States, and that, if there was any distinction between their cases and hers, the distinction was in her favor. The State had a bank in which she invested 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.

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 the interest on each particular sum from the time it had been advanced. The Senate had proposed a better rule, which was to commence the allowance of interest from the time when the demand had first been made, nor did the bill specify when interest was to cease. The Committee 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, Mr. MERCER protested with warmth against the prin- but only in cases where she had herself paid interest. ciple that any regard was to be had to the state and con- That principle having been established by the House, the dition of a State's finances at the time she had advanced Committee of Claims held themselves bound by it, and money to the United States, in settling the allowance of the claims of all other States since had been cut down on interest. South Carolina had a bank; and whether she the same principle. Now, a new ground was taken, and 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

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. HUNTINGTON advocated the bill, insisted on the

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treasury.

[FEB. 16, 1832.

equity of the general principle, and protested against it to others. This was what he had asked from the beany reference to the manner in which the State might ginning, and what he asked now, that the allowance should have raised the money. Whatever labor the interest ac- be made for her by law, and not by a grant from the count might occasion at the department, let it be met, even should it require the whole force of the office. had no fears of establishing such a precedent. If the precedent was just, let it be carried out, be the effect what it might.

He

It

After a few words of explanation from Mr. DRAYTON, the question was taken on the amendment, and lost without a count.

The bill was then ordered to a third reading-yeas 130, nays 47.

Mr. BURGES was opposed to the amendment. proposed to establish a law different from that which had existed at the time the transaction in question had taken place. It was an attempt, by one of two parties to a contract, to make a rule against the other. They might as well attempt to insert a new condition in a bond, or a new date in a note of hand. No rule could be binding, but by the consent of both parties. If the United States acknowledge South Carolina as their agent, they must admit her claim, and allow interest from the moment that the money passed out of her hand. The report of General Hamilton had settled the principle, and established it forever. It had, in fact, been recognised under the old confederation; nor could the Government with justice escape from it. They were as much bound as if the money had been advanced by France or Spain. As to the difficulty about calculating the interest, it was imaginary; and if the gentleman from Ohio expected to devise any rule whatever, out of which the Third Auditor could not raise a difficulty, and contrive some plea for resisting the claim of South Carolina, he labored in vain. If a friend Mr. WARD, of New York, stated, that if the amend had advanced ten thousand dollars to relieve him in the ment of the honorable gentleman from Pennsylvania hour of his necessity, and afterwards, in a season of pros- [Mr. WATMOUGH] should prevail, it would be conferring perity, should ask to be repaid with interest, he should upon a single individual the sole power of selecting the blush to ask that friend whether he had had the money by artist. This, said Mr. W., would not, he was sure, be a him when he lent it, or in what way he had procured it. duty which that gentleman would be desirous of perThe appeal was to the justice of the Government. If they forming, because it would be impossible for him to give wanted to escape it, the appeal was crooked and difficult; general satisfaction. If, said Mr. W., the matter were to but if they meant to do justly, the path was plain and open. Mr. WHITTLESEY again stated the difficulties that would occur in making out, according to the rules of the department, such an interest account as the bill in its present form would require. He delivered a eulogy on the Third Auditor, and said that if the gentleman from Rhode Island had had any claim rejected by that officer, he would venture to say it was one which would not have passed by any court of justice.

PORTRAIT OF WASHINGTON.

The following resolution was taken up for consideration: Resolved, That the Clerk of this House be directed to employ John Vanderlyn, of New York, to paint a full length portrait of Washington, to be placed in the Hall of Representatives opposite to the portrait of Lafayette, the head to be a copy of Stuart's Washington, and the accessories to be left to the judgment of the artist; and that the sum of one thousand dollars be appropriated from the contingent fund of the House for the purpose of carrying this resolution into effect.

Mr. WATMOUGH, of Pennsylvania, moved that the resolution be amended by striking out the name of the artist; he wished that the best talents of the country should be employed; but he objected to any thing like a local reference.

Mr. DODDRIDGE suggested to fill the blank with the words "some suitable artist."

be referred to any one individual, it could not be submitted to a gentleman in whose judgment and discretion he had more confidence than in that of the Clerk of this House; and he had no doubt but that he would perform the duty with fidelity. But, said Mr. W., this subject having been referred to a committee consisting of seven gentlemen of great respectability and of acknowledged talents, and that committee having had the subject under their consideration, and having reported in favor of the artist named in Mr. BURGES thanked heaven that he had never had the resolution, he considered that the report ought to be occasion to bring a claim before Mr. Peter Hagner, though confirmed; and he should, therefore, oppose the amendhe had had more occasions than one to question the cor-ment. The House, said he, can surely repose more conrectness of his decisions. He admitted that some allow-fidence in the selection made by the unanimous vote of ance was to be made for the difficulties of his situation, but the committee, than in that of any one individual. If the he must say he had always considered him a tremendous honorable gentleman from Pennsylvania has any objections termagant. to offer why Mr. Vanderlyn ought not to be employed, he Mr. ELLSWORTH replied to Mr. WHITTLESEY, ex-wished he would state them to the House. Mr. Vanderlyn, plaining in what manner the interest account might be arranged.

said Mr. W., is a man of genius, and one of our most distinguished American artists. His talents, while he was in France, attracted the notice of the first artists in Europe, and gained for him there a distinguished compliment.

Mr. BATES, of Massachusetts, thought the terms of the resolution too exclusive. The House would be more likely to get a good picture by encouraging competition, and throwing the subject open to all the talent of the country.

Mr. ADAMS replied to the objection which had been urged by Mr. BURGES against the amendment. It was because that amendment proposed a law by which the payment of the interest was to be regulated, that he was in favor of it. Would the gentleman be good enough to inform the House how the allowance of South Carolina was to be made without the law? It was for the very reason that there was no law to allow her claim, that she Mr. CAMBRELENG said there was no American artist applied to that House. The bill only did partially what who stood higher than Vanderlyn; and if any name were the amendment proposed to do more generally. If the inserted, his ought to be; but he thought the resolution allowance was to be made, Mr. A. wished it to be made would be better in blank; or he would be yet more pleasaccording to law. Would the gentleman ask the Third ed if the name were left to the Committee on the Library. Auditor to make any payment that was not warranted by He suggested this to the mover of the resolution as a modilaw? He could tell the gentleman that if he went to fication. that officer without a law in his hand, he would get nothing. Without a new law, South Carolina could get no interest. He had no objections to her receiving interest; but the same law which allowed it to her ought to allow

Mr. WATMOUGH accepted the modification.

Mr. DEARBORN said he had been one of the select committee to whom the subject had been referred; the names of a variety of artists had passed in review before

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Portrait of Washington.

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the committee, and, after full deliberation, they had con- relations with his fellow-men, to be governed by a singlecluded to name Mr. Vanderlyn as every way the most ness of purpose, nor could he, for a moment, allow his suitable. His name was known not only throughout the motives to be misconceived or misinterpreted. His object United States, but, he might add, through the civilized was to excite a free spirit of competition among the disworld. He had twice received the prize, when his com- tinguished artists of the country--to arouse that genius for petitors were among the most distinguished artists in which it seemed we were destined to be particularly disEurope. The specimens he had exhibited in the picture tinguished in the annals of the fine arts. He did think gallery in New York were of themselves sufficient to there were artists at least equally eminent with the respectfix his reputation. He should not of course object to able gentleman named. He felt that he himself could the reference of the subject to another committee; though name one whose distinguished genius would fully answer he could not perceive the necessity of it, as the subject the end proposed by the House, and produce a picture had been before six or seven gentlemen, who were sup- breathing to the very life, with all the characteristics posed to be familiar with subjects of the kind, and they which genius alone could impart to a subject so important had, after mature consideration, selected Mr. Vanderlyn. in itself, and intended to go down to the latest posterity Mr. EVERETT said he should have liked the resolu- with the name, and the deeds, and the virtues of the imtion as well if it had been at first reported in blank; but mortal man intended to be portrayed. He refrained, as a name had been inserted, he was unwilling that it however, as he did not wish to forestall the opinion of the should now be altered. The striking out of the name of House, nor repeat the error which he conceived had been Mr. Vanderlyn, after it had been before the House, might already committed. He regretted, therefore, it would inflict a serious injury upon an able and estimable man. not be in his power to withdraw his amendment. The resolution did not propose an original work; its ob- Mr. COLLIER thought the best course would be to ject was to procure a portrait of Washington, the head to empower the same committee which had reported the rebe a copy from that of Stuart. Mr. Vanderlyn was solution to procure the painting, without designating any certainly competent to produce a spirited and correct artist in particular, or any picture from which he was to copy; he presumed no gentleman doubted his competence. copy. Why, then, not leave the resolution as it stood? He felt warranted in answering, in behalf of other meritorious and estimable artists of our country, that not one word would ever be said by them against the selection.

Mr. DRAYTON said he should be very sorry if any expression dropped by him should be esteemed injurious to the reputation of Mr. Vanderlyn. The gentleman from Massachusetts [Mr. EVERETT] seemed to be of the opinion Mr. CAMBRELENG said that, after the explanation that to strike out the name which had been reported which had been given by the gentleman from Massachu- would operate injuriously to the artist; but the gentleman setts, [Mr. DEARBORN,] his own former remarks in favor ought to recollect what was the object of the House. Much of striking out the name of Mr. Vanderlyn would seem as he respected Mr. Vanderlyn, he wished that the best indecorous, and the motion improper. Had he been ac-portrait might be obtained which the genius of the quainted with the circumstances, he should not have made country could produce. The reputation of Mr. Vanthem. Mr. Vanderlyn was not surpassed by any other derlyn was not unknown to him. He was so fortunate as artist of our country; he had received the medal at two to have seen several of his productions, and he readily adannual exhibitions in Paris, and his pictures of Marius and mitted that, in certain requisites of a painter, he stood at of Ariadne were of themselves sufficient to prove his high the very head of his profession; but he must be allowed excellence as a painter. to say that there were also in that artist some defects, and that these were most prominent in his productions as a portrait painter. Mr. D. said that the individual in this country, who, since the death of Gilbert Stuart, possessed the greatest talent as a portrait painter, resided in Philadelphia. He referred to Sully. Mr. D. had seen many portraits from the pencil of artists eminent in Europe, and it was his decided opinion that Sully's portraits were little inferior to the best of those by Sir Thomas Lawrence. He hoped the artist would not be concluded upon until the merits of Mr. Sully had been considered.

Mr. MERCER, though not objecting to the selection of Mr. Vanderlyn, hoped that that part of the resolution which required him to adopt the head by Stuart as his model would not be insisted upon. Stuart's head of Washington, though a fine painting, was not the best likeness which had been taken. That painted by Mr. Peale bore a much closer resemblance, especially about the eyes. This had been the opinion of the late Judge Washington, and, if he was not mistaken, it was also that of Judge Marshall. He should be sorry if the artist were compelled to adhere closely to Stuart's portrait.

Mr. JARVIS (chairman of the select committee) stated Mr. DEARBORN observed, in reply, that there were that the committee had had before them the names of vavery few persons who had seen the original picture by rious American artists. The claims of Sully, of Inmann, Stuart. That which usually passed under his name, was of Allston, of Harding, and others, had been fully consinot his, but an imposition which had been palmed upon dered, and the name of Mr. Vanderlyn had been delibethe Government in his name. Mr. Peale's likeness was rately selected. Gentlemen should recollect that this was only a copy, and he could not conceive how it could be not the painting of a portrait from life; and the question better than a portrait taken by such an artist as Stuart from who would paint best from the life was not the question the life itself. Stuart's was universally admitted to be the now to be considered, but who was qualified to produce best portrait extant. When the gentlemen from Boston the best copy of the portrait of Washington taken by Stuapplied to Chantry for that statue which now stood in the art; and who was, at the same time, best qualified to paint State House, they had sent him Stuart's picture and Hou- the human figure. Many gentlemen had seen the copies don's bust as two productions, each perfect in its kind: the executed by Vanderlyn, particularly one from the Antione being the best likeness from the pencil, the other from ope by Corregio. That copy had been pronounced, by the chisel. The committee had, therefore, expressly con-able judges, equal to the original. Mr. J. had been in fined the artist to Stuart's picture. Paris when Vanderlyn painted it; and all who were there

Mr. WATMOUGH felt himself compelled to ask the in- at the time must remember the astonishment expressed dulgence of the House for a moment, lest he should be by the French artists on the exhibition of it. The talents supposed to have been actuated, in proposing the amend- of Mr. Vanderlyn, as a copyist, were fully established; and, ment to the resolution, by any feelings of disrespect either as to the power of drawing the human figure correctly, he to the talents or the high personal respectability of the had obtained the prize from the Drawing Academy in Paris. artist named--he disclaimed altogether any such motive-With regard to the claims of Stuart's portrait as a correct he felt himself at all times, and upon all occasions, in his likeness, Mr. J. was not in circumstances to speak; but he VOL. VIII.-115

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[FEB. 16, 1832.

knew it was generally considered as the classical likeness by former Presidents, Secretaries of the Navy, and navy of Washington. Whether the other likeness which had boards, in favor of establishing a naval depot at Newport, been referred to was superior, he could not tell. Stuart Rhode Island-dwelt upon the many natural advantages of Possessed peculiar skill in depicting the character of the the harbor of Narragansett Bay, its easy access, depth of wa individual in the portrait. This, and the magic of his co- ter, &c. All which he contrasted with those of the harbor loring, were his distinguishing merits; but he did not of New York, on whose bar he made many observations excel in drawing the human form. On the whole, the of no very favorable nature. He quoted the opinion of committee thought they had chosen the best means of pro- Commodore Rodgers in opposition to that of Commodore curing a portrait that would do honor to the country, and Chauncey, and argued to prove that the amount of the with which foreigners would be satisfied. appropriation was evidence of a fixed determination not only to continue but gradually to increase the establishment at New York; which measure, he contended, would lead only to a waste of the public money. When Mr. P. came to a conclusion,

Mr, EVERETT observed, in reply to Mr. MERCER, that, although he had an opinion, he had not said that Stuart's portrait was the best that had been taken. He had only observed that it was the standard likeness, being so regarded by a majority of the public. Mr. E. had not expressed any opinion as to the relative merit of Peale's portrait.

Mr. TAYLOR quoted the journal to show what had been done upon the same subject by the nineteenth Congress, on a resolution introduced by General Van Rensselaer in January, 1826. By adopting that resolution, the House had expressed its opinion that Stuart's portrait was the standard likeness of Washington. It had become Mr. T.'s duty to take steps for carrying that resolution into effect: and, through the agency of a gentleman from Massachusetts, application had accordingly been made to Gilbert Stuart to execute the painting. It was then understood that he was in possession of the original likeness, painted from the life. But he was then in bad health, and not long after died. Mr. T. said he had seen Peale's portrait of Washington, and considered it a very great effort of genius.

Mr. McDUFFIE observed that he had no doubt the gentleman had made a strong impression on the House. He certainly had upon him; and, that he might give the gentleman the full advantage of it, he called for the previous question.

Mr. BURGES asked him to withdraw the call; but Mr. McDUFFIE replied that, as he plainly foresaw an approaching struggle between New York and Rhode Island, he could not consent to do so.

The question being put on sustaining the call, the House refused--yeas 67, nays 88.

Mr. ARNOLD moved an adjournment; but it was nega tived--yeas 68, nays 76.

Mr. VERPLANCK explained the grounds on which the Committee of Ways and Means had proceeded in report. ing this item of the bill, and briefly adverted to some of the objections urged by Mr. PEARCE.

Mr. CAMBRELENG followed on the same side, controverting some of the facts which Mr. PEARCE had brought forward. He adverted to the cheapness of New York-its safety--the number of armed vessels which entered and left every year, amongst which were the heaviest ships of the line; and said he had no objections to a navy yard at Newport, provided the establishment at New York were not destroyed.

Mr. C. P. WHITE took a similar view, and quoted largely from a report of the navy board, and the opinion of one of our naval commanders.

Mr. VERPLANCK appealed to the House to say whether the short discussion which had already been excited, was not sufficient to show the necessity of acquiescing in the report of the committee. If they wished a good portrait of Washington, could they take a better course to procure it? The select committee had been composed of gentlemen from various parts of the country, attached, of course, to their own friends and constituents; yet, after the merits of various artists had been discussed, they had been unanimous in recommending Mr. Vanderlyn. As to Allston, an artist who had no equal on this side of the Atlan- Mr. PEARCE replied--maintained his former ground tic, and no superior on the other, he had borne the most--adverted to one occasion when Commodore Rodgers had decided testimony to Vanderlyn's merit. Mr. V. had been detained thirty-four days outside the bar, before he lately found a letter from Allston, in which he spoke of the could get an opportunity to pass in. Commodore Chaunfriends he should like to have associated with him in exe-cey's all lay in Brooklyn, and it was natural he should be cuting subjects for the rotundo, and, among others, of in favor of a depot there. Vanderlyn, whom he styles a great artist, whose Ariadne Mr. CAMBRELENG stated that Commodore Chauncey he declares to have no superior in modern coloring, and who, had he given diligent and uninterrupted attention to his art, would have filled Europe with his fame. By selecting such an artist, the committee thought they provided the means of procuring a good historical painting, as well as a good likeness of Washington.

Mr. WHITTLESEY now rose, and appealed to the House whether something was not owing to the living as well as to the dead. And as this was the day appointed for the consideration of private claims, he demanded the previous question.

The call was sustained, yeas 96. The previous question was put accordingly, and the resolution agreed to. BROOKLYN NAVY YARD.

The House then took up the engrossed appropriation bills.

That for the naval service having been read a third time, and the question being on its passage,

had no property in Brooklyn.

Mr. BURGES next took the floor, and, in a very animated speech, protested against having the question put upon mere ground of local contest. It was a great national question, and ought to be argued on the ground of public benefit, and not the particular gain of New York or New port. If it was to be made a question of mere physical force, the gentlemen from New York were doubtless for midable in number, if not in every other respect. So large an appropriation could not be intended for ordinary repairs, but it implied a purpose to enlarge the establishment at New York beyond its present dimensions.

Mr. McDUFFIE briefly replied-denied any such purpose, and stated that the appropriation was for the erection of a lumber shed, and a house to hold masts.

Mr. HOFFMAN said he had been alluded to in a manner very agreeable to himself, and he presumed equally so to the gentleman from Rhode Island. If he was an admiral without a ship, he at least had command of a squadMr. PEARCE, of Rhode Island, moved its recommit-ron of boats in the Mohawk; and if the gentleman was ment, with instructions to strike out the appropriation of contented with such honors, he might enjoy them without seventy-two thousand dollars for the navy yard at Brook- any of the strenuous effort in which he and his colleague lyn, and supported his motion by a long and very animat- were now engaged. Mr. H. adverted to his own course ed speech, in which he referred to the recommendations in the Naval Committee. He considered the question of

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