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H. OF R.]

Impost Duties.

[DEC. 19, 1831.

wool; the current market value of which, in the United hear, preferred decidedly, he said, that the resolution States, at the time of importation, shall not exceed twelve cents per pound.

Mr. HOFFMAN proposed to amend the resclution by striking out the last clause, from the word indigo.

Mr. McDUFFIE said that the resolution proposed only an inquiry, which did not commit the House; and every resolution for an inquiry he thought should be adopted. The resolution decides nothing; if it did, he should be opposed to it: for there was nothing, he thought, so unwise as to remit the duties on articles of luxury, while they were retained on articles of necessity.

Mr. HOFFMAN did not, he said, oppose the inquiry; but he wished to refer the portion of the resolution relative to wool to the Committee on Manufactures. The limitation in the last clause, he understood to refer only to wool, and he moved to strike out the clause that it might be referred to the Committee on Manufactures.

should go to the Committee of Ways and Means, rather than to the Committee on Manufactures. He requested the Clerk to read the resolution referring a portion of the message to the Committee on Manufactures. The resolu tion being read as follows:

46

Resolved, That so much of the President's message as relates to manufactures and the modification of the tariff, be referred to the Committee on Manufactures:"

Mr. A. said that, having been appointed chairman of the Committee on Manufactures, and being a new member of the House, he had inquired into the duties of that committee. He found it was one of twenty-one standing committees, which were raised at the commencement of every session; but he had been unable to find that any duty had been assigned to the committee by the rules of the House. Subsequently, on the instance of a gentleman who was certainly not in favor of the tariff as it existed, so much of the President's message as relates to the manutures and the modification of the tariff, was referred to this committee. I will read, said Mr. A., that part of the message which is thus referred:

Mr. DEARBORN said the limitation was intended to refer to wool only. It was well known that we imported from South America, Smyrna, and the Baltic, wool of a kind which did not come into competition with the coarsest wool which we produced. The price of wool which he "The confidence with which the extinguishment of the referred to, was from one to four cents a pound, and it public debt may be anticipated, presents an opportunity would be introduced and supplied to our manufacturers for carrying into effect more fully the policy in relation to at from nine to twelve cents a pound. The proposed re-import duties, which has been recommended in my forduction of duty would not effect the agricultural interest, mer messages. A modification of the tariff, which shall while it would benefit the manufacturers of coarse cloths. produce a reduction of our revenue to the wants of the Mr. HOFFMAN repeated that he made no opposition Government, and an adjustment of the duties on imports to the proposed inquiry, but to the reference of the last with a view to equal justice in relation to all our national clause to the Committee of Ways and Means. interests, and to the counteraction of foreign policy, so far as it may be injurious to those interests, is deemed to be one of the principal objects which demand the consideration of the present Congress. Justice to the interests of Mr. CONDICT would ask, before the question was the merchant as well as the manufacturer, requires that taken, for the reading of the resolutions by which these material reductions in the import duties be prospective; subjects had been referred to the Committees on Manu- and unless the present Congress shall dispose of the subfactures and Finance. He believed that the subjects em-ject, the proposed reductions cannot properly be made to braced in the resolutions had already been referred to appropriate committees. The resolutions being read, The SPEAKER said, that if the subjects had been referred, the resolution was not in order.

Mr. DEARBORN was willing to take the course suggested, and to modify the resolution so as refer the clause respecting wool to the Committee on Manufactures.

Mr. HOFFMAN remarked that the easiest way to dispose of the resolution was to pass it; there would then be no doubt how much was referred to one, and how much to another committee.

Mr. EVERETT proposed to his colleague to refer the entire resolution to the Committee on Manufactures. Mr. DEARBORN agreed to modify his resolution accordingly.

In

take effect at the period when the necessity for the re-
venue arising from present rates shall cease. It is there-
fore desirable that arrangements be adopted at your
present session to relieve the people from unnecessary
taxation, after the extinguishment of the public debt.
the exercise of that spirit of concession and conciliation
which has distinguished the friends of our Union in all
great emergencies, it is believed that this object may be
effected without injury to any national interest."

This passage, Mr. A. continued, thus referred to the Committee on Manufactures, contained every thing which relates to the reduction or modification of the tariff. Now Mr. McDUFFIE saw no propriety in the reference of the only question was, whether subjects embraced in the the resolution to the Committee on Manufactures. We resolution had been referred to the Committee on Manucertainly did not manufacture tea, pepper, &c. He moved that the resolution be laid on the table; which he with drew, at the request of

factures or not; if not, I shall congratulate myself and my colleagues of the committec.

Mr. McDUFFIE then requested that so much of the Mr. CAMBRELENG, who said that it was highly im- message as was referred to the Committee on Finance be proper, in his opinion, to refer subjects of finance to the read; which was accordingly read. There are two sides to Committee on Manufactures. We were gradually divest- the question, said Mr. McD. To the Committee of Ways ing the Committee on Finance of the powers properly and Means was referred the reduction of duties not affectbelonging to it; and he expressed surprise that the gen- ing manufactures, and the resolution was of this character. tleman from Massachusetts, with all his experience, should Mr. ARCHER said that the modification of the resolupropose this modification. tion referring it to the Committee on Manufactures, rendered it ridiculous. The motion was wholly inconsistent with the uniform usage of the House. He moved that it be laid on the table. Lost. The same Mr. HOFFMAN said that the modification which he proposed extricated the subject from all difficulty, to wit, the reference of the clause respecting wool to the Committee on Manufactures, and of the rest to the Committee of Ways and Means. He hoped there would be no further discussion on the subject.

Mr. EVERETT replied, that whatever related to the modification of the tariff, had already been referred to the Committee on Manufactures. One of the most important bearings of the tariff was upon manufactures. reasons which influenced the House, on the motion of the gentleman from Georgia, [Mr. WAYNE,] to make this reference to the Committee on Manufactures, would justify the motion now before the House. He felt no disposition to go into a discussion of this great question at this time, nor was he prepared for it.

Mr. ADAMS, after some remarks which we could not

Mr. WAYNE, having been referred to by two gentlemen in the discussion, thought it his duty to say a word or two

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DEC. 20, 1832.] Breakwater on Lake Champlain.-Pay of Army Officers.--Internal Improvements.

orders.

[H. OF R.

It was ordered that the bill should be referred to a Committee of the Whole House.

in relation to the question. The mover had confound- that it was inexpedient to depart from the usual routine ed the duty of different committees. The subject of of business, by making bills of ordinary legislation special finance was proposed to be referred to the Committee on Manufactures. If the Committee on Manufactures were to take cognizance of matters not affecting manufactures, they would take from the Committee of Ways and Means On the consideration of that part of the motion of Mr. the whole subject. The spirit of the message was this: DRAYTON which proposed to make the bill the special as the present revenue is more than we shall want here- order of the day for the first Wednesday in January, Mr. after, we must reduce the tariff: but did not contemplate TAYLOR, of New York, stated himself to be opposed to so great an enlargement of the duties of the Committee the granting of special orders, a practice which made on Manufactures. The resolution called on that commit- business of great importance, mingled with that of very tee to decide on the reduction of tea, coffee, &c., and au- little importance, accumulate in a manner highly prejudithorized them to say to the treasury, your revenue may be cial to the necessary despatch of public business. He reduced so much. It is true that the Committee on Manu- suggested to the gentleman from South Carolina [Mr. factures might not take this course. Without meaning DRAYTON] the propriety of modifying his motion, so that any compliment to the chairman of that committee, his the bill might be referred to the Committee of the Whole belief was, that he would take no course affecting the on the state of the Union, and then he might move whenduties of other committees, but it was contrary to parlia- ever he pleased for the consideration of the bill in question. mentary rule to give more power to a committee than pro- On the original motion being lost, Mr. DRAYTON acted perly belonged to it. The action of the Committee on on the suggestion of Mr. TAYLOR, and the bill was referManufactures would be no way impeded by this restric-red to the Committee of the Whole on the state of the tion. When the Committee of Ways and Means had re- Union. ported, its recommendations would be the subject of discussion.

Mr. BATES rose to speak, but the SPEAKER reminded him that the hour for the consideration of resolutions had expired.

TUESDAY, DECEMBER 20.

BREAKWATER ON LAKE CHAMPLAIN.

Among the petitions presented to-day, was one by Mr. HOGAN, of New York, asking from Congress an appropriation for the formation of a breakwater on Lake Champlain. Mr. H. moved to refer it to the Committee on Commerce. He thought such would be the proper reference, since the establishment of the breakwater prayed for would, undoubtedly, produce salutary effects on the commerce; and, as a certain result therefrom, on the

DUTY ON TEAS, &c.

The House resumed the consideration of the resolution

offered yesterday by Mr. DEARBORN.

Mr. DEARBORN rose, and said that, when he had moved this inquiry, he had no idea of its giving rise to a debate, such as yesterday arose upon the form of it. Desirous to save the time of the House, reserving to himself the privilege of introducing his proposition at a future time, in this or some other shape, he now withdrew the resolution.

INTERNAL IMPROVEMENTS.

Mr. PEARCE moved the following resolution: structed to inquire into the expediency of making an apResolved, That the Committee on Commerce be inpropriation to defray the expense of a survey of the creek leading from the ocean into the large pond on the west end of the island of Block island, for the purpose Mr. DODDRIDGE, of Virginia, thought that this sub-of so far extending the width and deepening said creek ject should be referred to the Committee on Internal Im- as to admit vessels to pass through the same to said pond, provements, if it were intended to refer any question at and thereby afford a safe and commodious harbor to the navigation of the country.

manufactures of the country.

all to that committee.

This resolution being read,

ing out "Committee on Commerce," and inserting ComMr. DODDRIDGE moved to amend the same by strikmittee on Internal Improvements.

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Mr. JEWETT thought the petition ought to be referred to the Committee on Commerce, because its prayer was one of vital interest to that branch of national industry. Mr. MERCER, of Virginia, appealed to the good sense of the House, if the petition ought not to be referred to the Committee on Internal Improvements, and hoped his before the House in preceding sessions; it had been reMr. PEARCE said the very same measure had been friend from Virginia [Mr. DODDRIDGE] would offer a reso-ferred to the Committee on Commerce, had passed this lution to refer all subjects of a like nature with the House, and been sent to the Senate. The Senate had not petition in question to the Committee on Internal Improve-acted on it, and, therefore, it became necessary to bring

ments.

The petition was then ordered to be referred to the propriety of committing all matters relative to improving it again before this House. Much had been said as to the Committee on Internal Improvements.

PAY OF ARMY OFFICERS.

Mr. DRAYTON, from the Committee on Military Af fairs, reported a bill to regulate the pay, emoluments, and allowances of the officers of the army; which bill was twice read; when

harbors or rivers to the Committee on Internal Improvements; but as the improvement proposed related to an island in the Atlantic Ocean, disconnected with the continent, he hoped a distinction might and would be made betwixt this and a measure of internal improvement; that it would be seen to be a measure connected with the interest of commerce, and referred accordingly.

Mr. DRAYTON stated that it was highly expedient that a measure similar to that embraced in the bill should Mr. SUTHERLAND said he thought it would be as become a part of the law of the land. The bill did not well to allow this business to go on as heretofore; and, contemplate any interference with the present regulations therefore, he must dissent from the amendment proposed of the army, but was merely intended to have the effect by the honorable gentleman from Virginia, [Mr. DoDof removing an anomaly much complained of, which was DRIDGE.] No one, he was certain, would accuse him of the inequality of pay for equal duties performed at differ- being an enemy to internal improvement; but, for the adent stations. He, therefore, moved that the bill should vantage of the nation, and to save the time of the House, be referred to a Committee of the Whole House, and be he thought this resolution, and all of a like nature, should made the order of the day for the first Wednesday in go to the Committee on Commerce. Almost every proposi January. tion of this nature had been heretofore submitted to that This was opposed by Mr. McDUFFIE, on the ground committee. For three or four years they had endeavored,

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though unsuccessfully, to carry this measure through the possibly, uo matter how remotely, be construed to relate Senate. It might be said that he belonged to the Com- to the improvement of our commerce with foreign Gomittee on Commerce, and was, therefore, anxious that vernments, was said to be within the scope of the powers these matters should be brought within its jurisdiction. of this Government; but any thing which related to the Such was not the case; but as they had hitherto failed, he promotion of the intercourse betwixt State and Statewas anxious that another opportunity might be given to that was unconstitutional; then the cry was, directly, make the attempt. He had that morning seen a number" hands off." The House had acted wisely the other day of papers of a similar character, relative to matters which in referring matters relative to rivers, harbors, &c., with had been investigated deeply and attentively in the Com- those of canals and roads, to one committee. He asked mittee on Commerce, but which had never been acted on whether there could be any difference between the forby the Senate. Were the whole of these cases, by a mation of a breakwater near Newcastle, on the Delahasty and inconsiderate motion, to be transferred to a com-ware, and the digging of a canal on the same river, to mittee wholly unacquainted with their merits? Gentle- run from Bristol to Trenton, or, in another direction, to men would see that the only result of such a measure the mouth of the Lehigh. After some further remarks, would be to produce heart-burnings and dissensions in Mr. M. concluded by expressing his hope that this resoluthat House, and disappointments to those without, whose tion would be sent to the Committee on Internal Improvecases were at issue. It had been said, and truly, by the ments. He was willing, though, to come to a sort of comchairman of the Committee on Commerce, that the ma- promise, by leaving to the Committee on Commerce those jority of that committee had yielded to the minority the matters on which they had formerly acted. right of reporting to that House many propositions; it was Mr. BURGES replied. He observed that he was allikewise true that those propositions, with the addition of ways mortified to find himself misunderstood, but he was much light and intelligence in that House, had, by a ma- deeply mortified, indeed, to find himself misunderstood jority, been sent to the Senate. They had failed to carry by his friend from Virginia, [Mr. MERCER,] whose lumitheir measures through that House; and he hoped, inti-nous mind had shed so much of its own light on all quesmately acquainted as they were with these subjects, the tions connected with a subject dear to both of them-House would allow them to try their luck, once more, that of internal improvement. He went on to repeat his through the present session. former argument, contending that to the Committee on Mr. DODDRIDGE then withdrew his amendment. Commerce belonged the regulation of the matters conMr. FOSTER immediately renewed it, by moving to nected with our foreign intercourse, and to that on Inrefer the resolution to the Committee on Internal Improve-ternal Improvements the supervision of works connected with our inland trade, such as an increase of the facilities Mr. BURGES said he did not rightly understand the of internal communication between the separate States. particular limits of the powers of the respective com- He denied that the illustration of the breakwater and the mittees; but he had always understood thus much, that the canal was correct. There was a wide difference between Committee on Commerce had jurisdiction over subjects a breakwater, which is the means of assisting our foreign connected with such parts of our commerce as related in intercourse, and the canal, which has no direct communicaany way to our intercourse with foreign nations; and that tion with foreign nations, and which is only connected with our home commerce, that which was carried on between foreign commerce by being the medium of pouring forth the different States of the Union, came within the pro- the surplus of our domestic trade, and directing it into vince of the Committee of Internal Commerce, as having the channel of foreign commerce. The Committee on Incognizance of the medium of its communication in the ternal Improvements had only a relative jurisdiction; whilst same manner as the Committee on Commerce had jurisdic-in his [Mr. B.'s] opinion, that of the Committee on Comtion in matters connected with foreign commerce, and the merce, in such questions as the present one, was exclusive mode of communication with foreign countries. If he Mr. FOSTER said he had been extremely gratified had thus taken a right view of the question, the subject of when it was proposed to refer a resolution for the formathe resolution submitted by his colleague certainly apper-tion of a breakwater to the Committee on Internal Imtained to the Committee on Commerce. The place for provements; still more gratified that the House sustained the proposed harbor was not connected with the conti- that proposition. Surely the House would not depart nent of America, and its principal importance was from from its recent conduct in a case so precisely similar. the benefit it would be to our foreign commerce, although, strange distinction had been made as to the powers of this incidentally, it might also be beneficial to our internal or House in matters of foreign and internal commerce. coasting trade. Block island was without a harbor on its denied that such a distinction existed. If this House had outer side, but, in its inner one, was a spacious sheet of power in one case, it had in the other. But so far had water, which, by the expenditure of perhaps as little a this erroneous distinction been carried, that many gentlesum as five thousand dollars, applied to the improvement men would vote for a measure given to the Committee on of the creek, might be converted into one of the most Commerce, believing it to be then constitutional, who secure and commodious harbors on our coast. Any man would have voted on the other side if the measure had might see, at a glance, that such was not a question of income from the Committee on Internal Improvements, beternal improvement merely; it gave greater facilities lieving in that case it would be unconstitutional. to our foreign intercourse, and as such belonged to the wished things to be called by their right names: he was Committee on Commerce. one of those who held that "a rose by any other name would smell as sweet."

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Mr. MERCER said he thought his honorable friend from Rhode Island [Mr. BURGES] had founded his distinc- Mr. CAMBRELENG said he was indifferent about the tion betwixt improvements to facilitate internal commerce, fate of the motion; but if the House decided to send this and those to benefit foreign commerce, on a wrong basis. resolution to the Committee on Commerce, it could do no What was meant by internal improvement, was any thing less than reconsider the resolution of his honorable colwhich would promote the interests of trade, no matter league as to the breakwater on Lake Champlain. All he whether internal or foreign. Now, the formation or im- wished was that a line should be drawn in these matters, by provement of a harbor would as much benefit the coast- which the House might abide. ing trade betwixt the different States as it would that betwixt this country and a foreign nation. He could discover the reason why gentlemen availed themselves of the supposed distinction. Every improvement which could

The question was then put on Mr. FOSTER's amendment; which was agreed to-yeas 80, nays 64.

The resolution was, therefore, referred to the Committee on Internal Improvements.

DEC. 21, 22, 1831.]

resolution:

District.

District of Columbia.--Seneca Indians.

WEDNESDAY, DECEMBER 21.
DISTRICT OF COLUMBIA.

[H. OF R.

part of the avails of the sale, was vested in the President of the United States, who, as their trustee, was to invest Mr. CARSON, of North Carolina, moved the following interest accruing from it. this sum to the best advantage, and annually pay them the This fund was originally invested in the old Bank of the United States, at a period Resolved, That the Committee for the District of Co-when its stock was considerably above par, and the sum of lumbia be instructed to report a bill to provide for the six thousand dollars, as the product thereof, was annually election of a delegate, in the said District, to the House paid to the Indians, until the expiration of the charter of of Representatives of the United States, with the right to that institution, when the same was again directly placed debate on any question relating to the interests of said in the hands of the President. From time to time, the rates of interest, until the year 1826, when it was invested capital sum was invested in other funds, yielding different in the three per cent. stock, which was supposed by the then President of the United States to be the most judicious arrangement then practicable. The amount of the which was only $3,385 60, leaving a deficiency of $2,614 40 stock purchased was $112,853, the annual interest of in the annual sum then before paid to said Indians. The interest on this sum, annually, was passed to the credit of Indian appropriations, and the $6,000 was taken from that fund and paid to the Indians.

Mr. CAMBRELENG, of New York, said he had no objection to an inquiry into the expediency of the mea sure proposed, but he was not prepared, without some previous consideration, to instruct the committee to report a bill.

Mr. CARSON said he was himself disposed to make the instruction imperative, for he thought nothing could be more reasonable than what it proposed. What, he asked, is the situation of the people of this District? With a population of forty thousand souls--enough to entitle them, if within any State, to a representative on this floor, This course was pursued until the present Executive they have not even a delegate, as every other territory came into office, in 1829, who thought himself not authohas, to represent their wants and wishes; and any citizen rized by any existing law to pay to the Indians a greater of the District who wishes to bring any business before sum than the actual product of the stock; and the SecreCongress, is obliged to throw himself on the kindness of tary of War, in his annual report to Congress, in 1829, some one of the representatives of other parts of the stated the facts in relation to this case, and suggested the country, or he has no chance of being heard. Though propriety of an interference of Congress in behalf of the his conviction of the expediency of this measure was so Indians. Under this recommendation, a law was passed strong, however, to obviate all objection to the reso- at the last session of the last Congress, directing that the lution, he agreed to modify it so as to propose an inquiry Secretary of War should annually, thereafter, pay to said into the expediency of the measure. Indians $6,000 out of any money in the treasury not otherMr. McDUFFIE thought the whole subject of the in-wise appropriated; that the annual proceeds of said fund ternal administration of the District of Columbia ought to should be invested in the Indian appropriation fund; and undergo a revision. His own opinion was that the District that the sum of $2,614 40 should be paid for the defiought to have a legislative council. It must be perfectly ciency of the last year, (1830,) but making no provision evident to every one that Congress was not the proper body to legislate for it.

for the deficiency of 1829, the year referred to by the Secretary of War, who doubtless supposed that the provision would have been made by law during the first, and before the second session of the last Congress; in which case, the law would have done ample justice to the Indians.

Mr. CARSON thought that perhaps the expediency of a legislative council might be already under the consideration of the Committee for the District of Columbia, in consequence of the reference to the committee of that part of the President's message which relates to this subject. Mr. T. further remarked that the Indians could not be Mr. DODDRIDGE, of Virginia, (chairman of the Com-made to understand the cause of this deficiency for 1829, mittee for the District of Columbia,) stated, for the infor- and refused to receive the amount of the product of their mation of the gentleman from South Carolina, that the fund alone, unless the difference between this and other subject of a legislative council was already under the years could be made up to them; and that the agent had consideration of that committee, and that there was every felt himself impelled to lend his own responsibility to assist desire in the committee to ascertain, from intelligent sources, what are the wants of the people of the District, and to do what may be necessary to relieve them from any inconveniences which they may labor under.

Mr. McDUFFIE expressed himself as perfectly satisfied with this explanation; and

The resolution of Mr. CARSON, as modified, was agreed to, nem. con.

SENECA INDIANS.

On motion of Mr. TRACY, it was Resolved, That the Committee on Indian Affairs be instructed to inquire into the propriety of passing a law authorizing the Secretary of War to receive and pay over to the Seneca Indians, in the State of New York, the amount of deficiency in the year 1829, of the usual sum paid over to said Indians.

On offering the resolution, Mr. TRACY remarked that he felt it proper to explain the reasons why he offered the resolution at the present time; particularly as a subject, analogous in its nature, was acted upon in the last Congress. At an early period of this Government, said Mr. T., a treaty was held with the Seneca Indians, in the State of New York, by which they were authorized to sell a portion of their lands. By that treaty, the sum of one hundred thousand dollars, being either the whole or a

them in obtaining the money, trusting that Congress, at an
early day, would make provision to meet the deficiency.
Mr. T. believed, from the brief statement which he had
of immediate attention to the subject.
made, the appropriate committee would see the propriety

solutions of inquiry,
After disposing of between sixty and seventy other re-

The House adjourned.

THURSDAY, DECEMBER 22.

resolutions were presented, and disposed of to-day. Among Forty-one memorials, sundry reports, and twenty-five the last named, was the following:

BRIDGE OVER THE OHIO, AT WHEELING. Mr. DODDRIDGE submitted the following: Resolved, That the Committee on Internal Improvements be directed to inquire into the expediency of providing for the erection of a bridge over the Ohio river, at or near the town of Wheeling, and that they have leave to report by bill or otherwise.

Mr. SPEIGHT, of North Carolina, opposed the adoption of the resolution. He considered it his duty to oppose all similar measures, for it was necessary, in his opinion, to defend correct constitutional principles on all occasions,

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H. OF R.]

General William Hull.--Public Lands.

be they great or small; and though the present was only a motion for inquiry, he would, nevertheless, call for the yeas and nays.

Mr. DODDRIDGE said that a mere motion for inquiry was not an occasion to combat for principle. He remarked that it was not then the time to go into the merits of the question, but thus much he would say, the bridge proposed would connect the Cumberland road on the Virginia side of the Ohio, with the continuation of that road on the opposite bank. It was a measure which had been before Congress for many years, and certainly was one which it would be highly expedient to sanction. To do so would be to realize the grand idea of Thomas Jefferson, for then there would soon be a road from the Atlantic to the Mississippi. A bill on the subject had been reported last session, but, from some cause, had not been acted He concluded by observing that the present was not the time to go into a discussion on the merits of the great question of road or no road; but when that time did arrive, he would not shrink from defending his views on the subject.

on.

Mr. SPEIGHT, on the suggestion of his colleague, [Mr. CARSON,] withdrew his opposition; and

The resolution of Mr. DODDRIDGE was agreed to.

FRIDAY, DECEMBER 23.

This day was, agreeably to the rule of the House, devoted to the consideration of private bills. Amongst these was the bill allowing to the representatives of the late GENERAL WILLIAM HULL,

pay due him as Governor of the Territory of Michigan. On the question of engrossing this bill,

[DEC. 23, 27, 1832

tice in other cases, and instanced that of Governor Tompkins, of New York.

Mr. HOFFMAN said that the case cited would not sustain the present, inasmuch as the person alluded to was not paid as Governor.

On the question of engrossment, the yeas were thirtynine, only; nays not counted. So the bill was rejected. [On the following day, this vote was, on motion of Mr. WICKLIFFE, reconsidered, and the bill was laid on the table.] The House adjourned to Tuesday, the 27th.

TUESDAY, DECEMBER 27.

PUBLIC LANDS.

The House resumed the consideration of a resolution offered by Mr. BLAIR, of Tennessee, on Thursday last, proposing the appointment of a committee "to inquire into the expediency of distributing (according to population) the proceeds of the public lands amongst the several States and Territories; which distribution, when made, shall be expended on works of internal improvement, or to reimburse moneys already expended on such works as the Legislature of the respective States shall direct." The question being on an amendment proposed by Mr. HUNT, of Vermont, who had moved to insert, after the words "expended on such works," the words, or for purposes of education.

Mr. VINTON, of Ohio, suggested a substitute for the resolution, which he thought would meet the views both of Mr. BLAIR and Mr. HUNT, and which, being read, both gentlemen acceded to it. The substitute was as

follows:

Mr. WICKLIFFE said that the amount appropriated "That a committee be appointed to inquire into the by the bill would scarcely justify the detention of the expediency of providing a uniform system of gradually House by any discussion of its propriety; but he thought closing up the sale of the public lands now in market, or the principle upon which that appropriation was proposed that may be hereafter brought into market; also, to take might be worthy of some consideration. He understood into consideration the expediency of appropriating the that Governor Hull, after the surrender of Detroit, until proceeds of the public lands, after the payment of the the time of his dismissal from the army, was to be consi- public debt, to the promotion of some national object or dered as Governor of Michigan territory, and his repre- objects." sentatives paid accordingly. Now, could it be maintained that he was, during that period, performing the office of Governor, when there was actually no Government there but that of the British forces? or did the bill propose so to pay him, not on account of his services, but merely because, until the time of his dismissal from the army, he had his commission in his pocket?

Mr. WHITTLESEY said it was unnecessary to enter, now, into a discussion of the merits or demerits of General Hull's conduct. From the 16th of August, 1812, the date of his surrender of Detroit, up to the time of his dismissal, on the 1st February, 1813, the Government had paid him his salary as brigadier general, thereby, in a manner, sanctioning the principle upon which the grant in this bill had been made. Until the judgment of the court against him, which decided on his case, he must be considered as having been de facto Governor of Michigan. In this bill they had proceeded on the legality of the claim, and accorded that which they thought would have been given, had it been sought in another way, by the verdict of a jury. Proceeding on the same principle, gentlemen might theorize, and stop the pay of other officers, who had been, by circumstances, incapacitated or prevented from fulfilling the duties appertaining to their offices. The committee had been, he believed, unanimously in favor of this bill, and he hoped the House would sustain their report.

Mr. HOFFMAN asked whether Governor Hull had received payment as brigadier general; and whether he was likewise to be paid as Governor de jure, for Governor de facto he was not.

This being accepted by Mr. BLAIR as a substitute for his resolution,

Mr. DUNCAN, of Illinois, moved to strike out all of the resolution after the word Resolved, and insert the following:

"That the Committee on Public Lands be instructed to inquire into the expediency of appropriating onethird of the proceeds of the future sales of the public lands to objects of internal improvement within the States in which said lands are sold, and that the same committee inquire into the expediency of appropriating (after the national debt is paid) one-third of the proceeds of said land sales, for the construction of roads and canals, from the Mississippi, the Ohio, the lakes, and the St. Lawrence, to the commercial cities of the Atlantic; and of appropriating the remaining third of said proceeds for purposes of education; the works or objects of improvements to be designated or approved by Congress, and the money to be expended under the authority of the States in which said improvements are made."

Mr. CARSON, of North Carolina, made a few remarks to show that the acts of the several States ceding the lands now owned by the United States, had immoveably settled the manner of distributing among the several States the proceeds from them, (after the payment of the public debt,) and that Congress could not, by any legislation, depart from that mode.

Mr. MERCER went into an argument, and referred to the acts of cession, also to show that the States which ceded the lands to the United States had prescribed the application of the proceeds from their sale, after the payMr. WHITTLESEY said that such had been the prac-ment of the public debt, the objects and mode of which

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