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H. OF R.]

South Carolina Claims.

[JAN. 5, 1832.

The question was then taken, and the proposition as amended was adopted.

SOUTH CAROLINA CLAIMS.

Mr. WILLIAMS said his object was to facilitate as much as possible the progress of the public business, which the rule of the House, as it now stood, was calculated very much to impede, if not, as it did in many cases, stop it altogether. There were continually resolutions, three or four The bill reported by the Committee on Military Affairs deep, on the table for consideration, and scarcely a member for the adjustment and settlement of the claims of South of the House, at any given time, knew what business was Carolina against the United States, and which it had been coming next. He accepted, cheerfully, the modification proposed to recommit to the Committee of Claims, came proposed by the gentleman from New York, [Mr. Tax-up for consideration, the question being on the motion of LOR,] and was certain that any change of the rule would Mr. McCoy, of Virginia, to commit the bill to the Combe for the better. mittee of Claims.

Mr. MCCARTY hoped the resolution would not pass. Under the rule as proposed, they would be prevented from getting almost any question into the House by a resolution to refer it to a committee, for it was notorious that the business of all the States could be got through with in an hour.

Mr. MERCER said the resolution would attain the object of the gentleman from Indiana, [Mr. MCCARTY,] by really enlarging the time of offering resolutions, for it did not restrict the going through the list of all the States, except by a motion to dispose of the business on the Speaker's table, and proceed to the orders of the day.

Mr. ADAMS said he hoped the bill would be recommitted. He had two reasons for this hope: one was a sincere wish that the claims of the State of South Carolina should receive the sanction of the Committee of Claims, and of Congress, and the other was that, should that committee report in favor of the bill, and should the House sanction such a report, he flattered himself that the State which he had the honor in part to represent would come in, on the same principle, for perhaps about a million of dollars from the treasury of the United States. As a citizen of the commonwealth of Massachusetts, such a result would to him be very desirable. He indulged the hope, that if the Mr. ARCHER asked whether the adoption of the origi- Committee of Claims reported favorably, and its report nal proposition to rescind part of the rule, would not received the sanction of this House, the same sanction accomplish the desired object. It would be then, he con- would be extended to the claim that might be preferred ceived, competent, according to the principles of parlia- by Massachusetts. But he had another reason for desirmentary law, for any member to move the orders of the ing the recommitment. He considered that the Commitday, after or during the presentation of resolutions. It tee of Claims might, with great propriety, be denominated was the uniform practice in the British House of Commons, the committee of moral obligations; and, therefore, for from whom we derived our rules of legislative action, himself, he should feel glad if every claim presented to when a debate extended to a length beyond its importance, this House should go before that committee. It was, inand the House was anxious to arrive at urgent business, deed, true that, owing to the multiplicity of business conto move the orders of the day. stantly before that committee, claims were frequently referred to other committees of the House: but as to the principle on which a claimant might go to the treasury and take out money, he should always wish that the question should be determined by the Committee of Claims. It was the special object of that committee to examine not only the value of the service on which the claim rested, but also what was the obligation morally binding on the United States to pay that demand. That was the specific object of the Committee of Claims, and the general practice of the House had been to refer all claims to that committee. No claim could come before this House, unless, according to the ordinary rules of proceeding established Mr. WICKLIFFE said great difficulty existed certainly by the several departments of the Executive branch of under the present rule, but there were other rules of the the Government, it could not otherwise be adjusted. In House also, which required revision or alteration. He our Government all claims for money legally due must go moved to commit the subject to a select committee, with before the Executive Departments: those who had admipower to report on the subject of the present resolution, nistered those departments had fixed and settled rules and likewise on any change which they might deem it ex- which operated alike on all, and according to which they pedient to make in the other rules of the House. In mov-admitted or rejected the demands brought before them. ing this, he begged to be understood as not wishing to be a member of that committee.

The SPEAKER said the seventeenth rule prescribed the course of taking up the whole of the morning's busi

ness.

Mr. MERCER argued for the necessity of changing the rule, urging the disadvantages which at present existed in the mode of presenting resolutions as prescribed by it, as a strong reason for the alteration.

Mr. ARCHER suggested that resolutions should be called every morning on the Speaker's assuming the chair, which would prevent confusion. With this alteration, he should cheerfully yield his concurrence to the resolution for the proposed change.

Mr. MERCER said the difficulty of amending the rule had been obviated, and the present resolution would effect the object they were all anxious to reach.

Mr. WICKLIFFE said the difficulty which would follow from allowing the rule hastily, was very apparent. Mr. WILDE supported the proposition of Mr. WickLIFFE to refer the matter to a select committee.

Mr. WILLIAMS hoped it would not be agreed to. The evil was one that pressed upon them daily, and which called loudly for an effectual and speedy remedy.

Mr. WICKLIFFE again reprehended the alteration of their rules upon a party discussion. A year or two ago, one of the rules was made to prohibit discussion on a proposition to present, and, in forty-eight hours afterwards, the very gentleman with whom it originated, was found violating it. He would, however, not press his proposi

tion.

Mr. WICKLIFFE withdrew his motion.

No claims which those rules would suffer to pass ever troubled this House; and if a claim was disallowed at the department, though supported by evidence, it was because the legislative power in the Government was alone competent to allow it. The reason why he particularly desired the present bill might go to the Committee of Claims, was, that that committee had also fixed rules of proceeding; so that the same reasons which induced them to admit one claim, bound them equally to admit another resting on the same principles. When claims were submitted to other committees of the House, those committees might be very competent to examine the nature and proof of the services rendered; but it was not their specific duty to scrutinize the claim on general principles applicable to all other similar claims, and on which the United States were morally bound to allow it. The Committee of Claims had a vast amount of business committed to its charge. If he was not mistaken, the chairman of that committee had, not long since, reported above forty bills at one time, all of them allowing the claims to which they referred. The

JAN. 5, 1832.]

South Carolina Claims.

[H. OF R.

House had, very naturally, and properly, great confidence Mr. McDUFFIE said that if the honorable member in that committee; and he had observed that almost every from Massachusetts [Mr. ADAMS] had as much experience bill reported by them, so soon as it had passed through in the proceedings of this House as he has in regard to the ordinary forms, was sanctioned by the action of the another department of the Government, he certainly House, though, unless other gentlemen were differently would not have submitted the remarks which the House situated from himself, he believed that of many of those had just heard from him. If the views he had presented bills little or nothing was sometimes known by those who were correct, no claim, of whatever character, could passed them. The House proceeded on its confidence in with propriety be referred to any other committee than the vigilance and integrity of that committee--a confidence that of claims. Now, it is known to every person conwhich he thought very proper, and which was fully jus- versant with the forms of our proceeding, that almost tified by the experience of the House. One, however, every standing committee of the House is a committee of of the bills reported from that committee had been ob- claims of a certain description. The Committee of Ways jected to by a member. It was a bill allowing the claim and Means, for example, is the appropriate committee of a widow and orphan; and on the ground of a few obser- for considering all such claims as may be connected with vations by that member, the widow and the orphan were the financial operations of the Government; the Committurned out of doors, to the charity of the atmosphere tee on Military Affairs is the appropriate committee for about this building, with the thermometer below zero. It deciding upon all claims founded upon military services, was true that, on the following day, probably from some and involving military principles; and the Committee of compunctious visitings of nature, on motion of the same Claims has jurisdiction over such claims only as do not gentleman, the widow and orphan were readmitted on properly belong to any of the other standing committees. this floor. Yes, sir, said Mr. A., there they stand, asking| This claim of the State of South Carolina is founded the allowance of a pittance in remuneration for the services upon military services performed by that State under very of an officer of the Government now beneath the sod. peculiar circumstances. At a period of great national There they stand: and by their side stands a sovereign embarrassment, when the State was threatened with inva State of this Union--there they are, sir; you may see them sion, this Government announced that it was incapable of in your mind's eye--the sovereign State, and the widow fulfilling its constitutional obligation to defend South Caand the orphan, side by side, calling on you for money rolina against the common enemy, and requested the aufrom the treasury. I hope that the claim of the sovereign thorities of that State to advance the money and provide State may be allowed; and may I not venture to say that the men necessary for that object. The Legislature of thre I hope the claim of the widow and the orphan will also be State promptly responded to this call upon its patriotism. allowed? But what I say is, that the same committee Men and money were provided, and the question now preought to be charged with the consideration of both claims. sented is, whether these military services performed by "Thou shalt not, in judgment, respect the person of the the State for this Goverment were of such a nature as to poor; thou shalt not respect the person of the mighty." entitle the State to remuneration. Now, can it be seriWe did not respect the person of the poor; we turned ously argued that the Committee of Claims is properly them out of doors. Shall we respect the person of the qualified, from its peculiar organization, to decide such a mighty? of a sovereign State? I hope not. I hope we question as this? It is strictly and exclusively a military shall treat them both alike. I sincerely hope the claim question, depending upon military principles, and obviousof the sovereign State will be allowed-every dollar ly falls within the jurisdiction of the Committee on Miliof it--blankets and all. I say I hope it will be allowed. tary Affairs. Why, then, after that committee has reBut I wish it may be allowed after having undergone an examination by that committee to whom it peculiarly belongs to inquire into the obligation of this Government to allow the claim.

ported on it, and at the moment when the House is about to pronounce its judgment, shall the claim be referred to the Committee of Claims? The gentleman from Massachusetts seems to imagine, that, by referring this case to These are the reasons why I wish that this bill should the Committee of Claims, some principle will be estago to the Committee of Claims. But there is one more. blished broad enough to give sanction to certain claims on We have a report on this claim from a committee, the the part of Massachusetts. But I confess myself utterly chairman of which is a subject of the sovereign State who incapable of perceiving what possible advantage the claim is the claimant, (I hope that honorable gentleman will not of Massachusetts can derive from such a reference. I do deem this remark to have its origin in any disrespectful not understand the gentleman to intend that the Commitfeeling toward him: far from it.) Sir, we are all the sub- tee of Claims shall now report a bill in favor of Massachujects of sovereign States, except the delegates from Ter-setts. He certainly did not contemplate so irregular a ritories. He is a subject of the sovereign State of South proceeding. Does he imagine, then, that the decision of Carolina. I am a subject of the sovereign State of Massa- the Committee of Claims will give any higher sanction to chusetts. We all know that "sovereign" and "subject" the principle involved in this claim of South Carolina, are correlative terms, and that, wherever there is a sove- than the decision, not only of the Committee on Military reign, there is of necessity also a subject. I have no im- Affairs, but of the House itself? I understand the gentlepression that, because the report accompanying this bill man to say he is in favor of this claim, and wishes it to has been drawn up by a subject of the sovereign State pass, but that he wishes the principle established upon claiming, it does not therefore proceed on the sound which it shall be allowed. If there be any more solemn est principles. But that equal and exact justice may be form by which the principle can be established, than by done to all, I wish the claim may be submitted to that com- the vote of the House, I am not aware of it. Upon the mittee whose special duty it is to admit and to reject every whole, sir, the only object that can be accomplished by individual claim upon the same principle which it applies referring this claim to another standing committee, will to all others--and that is the Committee of Claims. I be to throw it to the bottom of the docket, even if that wish, as I have said, that the State of South Carolina may committee should report in favor of it; and render it exobtain every dollar, every cent, that she claims; but, tremely doubtful whether it will be again reached during since, as a citizen of Massachusetts, I feel, in some sense, the session. This delay I should regard as almost equiva personally interested, I desire the claim may be thorough-lent to a denial of justice. The agent of the State, the ly investigated so as to be established to the satisfaction of Comptroller General, is now in the city, waiting the decithis House and all others. I then hope that Massachu- sion of the House, that he may adjust and settle the claim setts will have her claim allowed, as resting on the same according to the provision of any act we may pass on the principles. subject. Whatever the House may be disposed to do, I

H. OF R.]

South Carolina Claims.

[JAN. 5, 1832.

trust, therefore, it will be done promptly. After a delay which judges of matter and things under the force of of sixteen years, and now that all the facts have been sa-"moral obligation." Sir, this claim has been purely and tisfactorily ascertained and presented to the House, I hope impartially examined; the report of the M litary Committee gentlemen will not be prevailed upon, by any fanciful as-is the result of an honest conviction of its justice and equi sociation of this claim with that of the widow and orphan ty, and he repudiated any idea or remark which goes to imof General Hull, to give it such a direction as will, in all pute a different course. How was it two years ago, whenprobability, produce the delay of another year. What the Massachusetts claim (based on similar principles to this) possible connexion can there be between the claim of was presented to this House? Did that go to the gentle South Carolina and that of the widow and children of man's committee, which acts by force of "moral obligaGeneral Hull? The gentleman from Massachusetts can- tion?" No, sir, it was referred to the same committee not surely suppose that this claim was rejected by the which has been last charged with the South Carolina claim, House because it was reported by the Committee of Claims, who, after a patient investigation, reported a bill favorfor he informed us that so high was the character of that able to it. For one, he had never doubted the justice of committee, that the bills reported by it habitually pass the a large part of the claim, but the circumstances under House upon faith, without being examined or understood which it was passed were such as to compel him to vote by the members. I cannot conceive, therefore, for what against it. It was called up at the very heel of the session, purpose the gentleman has alluded to that case, or how when we were clothed in midnight darkness, (as the the vote of the House upon it can serve in the remotest journals would show,) and passed. He, for one, voted degree to illustrate his argument. As he has brought it against it, because time was not given to examine its deto view, however, I will take leave to remark that I did tails. Sir, the gentleman has thought proper to place this not understand or vote upon it, owing to the confusion and claim on a footing with one rejected the other day, in renoise which prevailed in the House at the time it was de- lation to the notorious General William Hull, a name which cided; but if I have correctly understood its merits, the is held in just abhorrence and contempt by every republiclaim ought never to receive the sanction of Congress. I can and friend of his country. What sir, are we to be understood it to be a claim for the salary of General Hull, gravely told that a "sovereign" State, who gallantly stepas Governor of the Michigan territory, after that territory ped forward to defend the rights and liberties of the counwas ignominiously surrendered to the enemy by the Ge- try in a moment of great peril, is now to be placed on a neral himself, although he was receiving the pay and emo- footing with a traitor! What, sir, did the State of South luments of a major general during the very same period Carolina do? for which this claim is put in for his salary. If such shall prove to be the nature of the claim, it shall never pass the House with my consent.

After you had plunged the country into a war, without the means to prosecute it, an incendiary enemy hovering on your coast, and in sight of land, with every Mr. SPEIGHT, of North Carolina, rose, and commenc-probability of burning one of the most populous towns ed, by observing that but for the peculiar situation in of the State, South Carolina gallantly stepped forward which he stood, he should not have troubled the House in defence of her invaded rights, and called her militia with any remarks on the question now before them. Hav-into the field. And now, sir, we are here attempting to ing the honor to belong to the Military Committee, who adjust her claim with all the rigid scrutiny applicable to had been charged with the examination of this subject, a penal statute. That State, sir, which, without requirhe felt it his duty to reply to some of the remarks which ing a call from the General Government to defend the had fallen from the gentleman from Massachusetts, [Mr. country, is now to be cavilled and quibbled with about ADAMS.] Mr. S. said he knew it was not in order to the pitiful sum of $7,000, which was expended in the charge the gentleman with intending to impugn the motives purchase of blankets for her soldiers. This is the prin of the Military Committee; but he appealed to the House, cipal cause of opposition to the bill, as though it was not and every gentleman conversant with the meaning of as important to the soldier to have a blanket as a coat. words and phrases, if such was not the effect of the gentle- Sir, I repeat, again, that no undue influence has had any man's remarks. What "moral obligation," he asked the weight with the Military Committee in their decision on gentleman, was it that bound the Committee of Claims, this claim. We acted in relation to it as we believed the that did not with equal force apply to the Committee on merits of the case required. We believed it based on Military Affairs? It is true that two of the members of principles of equity and justice; and if we are under no the latter committee are from the State of South Carolina, force of "moral obligation," we are of patriotism; and but he assured the gentleman that nothing like sinister such claims, when presented to this House, should always motives had governed a single member of the committee have his support, let them come from what quarter they may. in reporting favorably to the claim. For one, he would [The SPEAKER remarked to Mr. SPEIGHT that he unsay that he had calmly and dispassionately examined the derstood the gentleman from Massachusetts [Mr. A.] to principles on which the claim was based, and, as God was disclaim any thing like imputations of a dishonorable chahis judge, he believed it to be as just a claim as was ever racter to the Military Committee.] preferred before this House. This claim was once be- Mr. SPEIGHT remarked that he had not accused the fore the Committee of Claims; they had, in a very elabo- gentleman of directly making the charge; he had only rate manner, submitted their views to the House; that spoken of the effect of his remarks, and he presumed every report was now in the possession of the House, where the gentleman who heard him understood his meaning. gentleman from Massachusetts can, at his leisure, exa- Mr. EVERETT, of Mass., said, that with respect to mine it. For his own part, he did not profess more than the subject last alluded to by the gentleman from North an ordinary share of understanding in relation to the du- Carolina, [Mr. SPEIGHT,] viz. the claim of the represen ties of committees; but so far as he had been able to com-tatives of William Hull, he would remark, as he had preprehend them, the duty of a committee, he thought, was sented their petition, that when the bill came up again, to inquire into the truth of facts connected with any pro- he should endeavor to satisfy the gentlemen from North position before the House, and to submit the same in de- and South Carolina that the facts of the case were not tail. This, he repeated, had been done, first, by the Com- precisely as they understood them. If he should succeed mittee of Claims, and, second, by the Military Committee; in this, he should not despair of getting their votes for and if the honorable gentleman could point out any new the claim. Meantime he thought it better that the House fact, the elucidation of which would throw any new light should confine its attention to the matter in hand. on the subject, then he might, with propriety, urge the necessity of sending this claim back to his favorite ordeal,

I am opposed, said Mr. E., to the commitment of this bill, and of the amendment of the Committee of the Whole

JAN. 5, 1832.]

South Carolina Claims.

[H. of R.

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. McCor,] 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 you 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. 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,

He

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 duty 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 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 the constitution. 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

VOL. VIII.-94

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South Carolina Claims.

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

[JAN. 5, 1832.

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. It 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 claim rather to the Miliwar? 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 moof 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 conB., 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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