JAN. 5, 1832.] South Carolina Claims. [H. of R. there are not other claims, of a similar kind, which will going to that committee? It is not necessary for me, bring the Government ints great indebtedness. With me nor for this House, to determine on the present occasion it never would be a question whether the Government to which of the two committees such a claim ought to go. could pay, but whether it should pay. And I will never This body has itself settled that question, and virtually consent to send them, at this late hour of the session, to made a rule upon the subject. another committee, for the purpose of ascertaining what I already know. Mr. WILLIAMS, of North Carolina, said that this was simply a question of reference: all remarks on the merits were, therefore, out of order, and he should not enter on that question, but merely add a few remarks to what had already been so well said by the gentleman from Massachusetts, [Mr. ADAMS.] The Committee of Claims had always had cognizance of claims of this nature. They had, then, the practice of the House in favor of the reference; and why was the bill not properly referrible to that committee? The gentleman from Rhode Island had answered, because the claim grew out of affairs of a military nature. But the claim was not to be decided by that consideration. When Virginia had made large advances to her militia, under circumstances of a similar kind to those now urged, what had been done with her claim? The gentleman now in the chair had, he believed, introduced the claim, and moved its reference to the Committee of Claims. Here, then, they had the authority of the House, and of the Speaker of the House, that it was proper such a case should go to the Committee of Claims. But the gentleman from Rhode Island has chosen to consider such a course as that rule prescribes as reflecting on the Committee on Military Affairs. Sir, how will the principle of this objection work? He says he is for the observance of parliamentary decorum, and for treating all the committees with due respect. Well, sir, agreed: but does he feel no compunction when a subject is taken from the jurisdiction of the Committee of Claims, and given to the Committee on Military Affairs? Certainly, if any imputation is involved in a proceeding of this kind, the imputation is on the Committee of Claims. This does not wound the gentleman's delicacy and his fine feelings, (and I know that he possesses these in great abundance.) No, sir, this gives him no uneasiness whatever; his whole concern is about the reference of the subject to the Committee of Claims. Mr. W. concluded by again insisting that the authority of this House had settled the precedent, and that the subject belonged legitimately to the Committee of Claims. Mr. REED, of Massachusetts, said that, in doing the business of the House, it was very important to observe some fixed rules. The whole question involved was, The committee had accordingly taken up the subject, what rule applied to the case? The argument urged examined it, scrutinized it, and materially reduced the by the gentleman from North Carolina might have been allowance claimed. Did Virginia feel herself aggriev-a very proper and pertinent one when the question of ed? Not at all. She did not feel her dignity in the least reference first came up; but at that time it was not urged; offended. Nor did the gentleman from Virginia [Mr. McCor] intend to cast the slightest imputation on South Carolina by his motion to recommit the bill. Neither did he [Mr. W.] in advocating that motion. Far from it. all seemed at that time to have overlooked it. But the claim had been referred to the Military Committee: that committee had considered and reported upon it: and he asked whether, when one of the standing committees of No gentleman in the House had cast any reflection on the House had examined a subject referred to them, the character of the State of South Carolina, or upon the and had submitted a report upon it to the House, it was Military Committee, and especially not on the honora- proper to take that report and refer it to another comble chairman of that committee, a gentleman entitled in mittee; had this ever been done? If the reports of the every respect to as high regard as any other member committees of this House were to be treated in that manin the House. After Virginia, the State of Maryland had ner, he believed the committees would soon cease to make petitioned; and what had been done in her case? It had reports. If any gentleman was dissatisfied with the rebeen referred to the Committee of Claims. Next came port of a committee, the proper course was to move a rea similar petition from the city of Baltimore. To what commitment of the subject to the same committee with committee had that been referred? To the Committee instructions, or to a Committee of the Whole House, of Claims. Then came the claim of the State of Dela- which included all the committees. The merits of the ware. Where did that go? To the Committee of Claims. claim were not before the House; the sole question was What was done with the claim of Pennsylvania on the whether the report of one committee should be submitted same subject? It was sent to the Committee of Claims. for revision to another committee of equal standing. All What with that of the State of New York? Sent to the the committees of this House were respectable, and to be Committee of Claims. treated with respect; and even were he opposed to the Well, sir, said Mr. W., at length South Carolina pre-report which had been made, (but he approved of it,) he sented her demand, and what direction was given to it? should be utterly opposed to sending it to another comThat, too, was sent to the Committee of Claims. They mittee. examined it patiently, diligently. They found it to con- Mr. DRAYTON had not intended to say one word on tain items not included within those rules which had been the subject, nor should he, had not the gentleman from established by the House for analogous cases, and they North Carolina made statements in matters of fact which reported against them. The rules of the committee were erroneous. That gentleman had affirmed that all had been sanctioned by the House; but, owing to the pres- subjects of a kind similar to that in the present bill sure of business, this report was not acted on. Now the had always been sent to the Committee of Claims, and same claim was preferred again, and it is sent to the if the present bill did not take the same direction, it Committee on Military Affairs. Is not this, said Mr. W., would be a violation of the usages of the House, and dealing with South Carolina in a different manner from introduce confusion into its proceedings. That gentlethat in which we have dealt with all other States? An- man's experience in the business of this House was swer me this question. Why is South Carolina alone to greater than his own; but so far as his own experience have her claim examined by the Military Committee, and went, it was diametrically opposite to what the gentleevery other State by the Committee of Claims? Here is man had stated. He did not recollect a single instance an incongruity. I do not say, nor do I believe, that any where the claim of a State for remuneration for the thing improper has been intended; but I do say there is expense of military services of her militia was ever sent an incongruity. Why is a subject which has always to the Committee of Claims. He knew, indeed, that heretofore been referred to the Committee of Claims, many claims, when military services were involved, had taken from its jurisdiction? And why is the gentleman been referred to that committee, but not when militia from Rhode Island so zealous in his efforts to keep it from services had been rendered for the national defence, not H. OF R.] South Carolina Claims. [JAN. 5, 1832. incidentally, but primarily. What said the rule designat- high respect, and from whom it caused him regret to dif ing the respective duties of the different standing com- fer. That gentleman had observed that, should the premittees? [Here Mr. D. read the rule: "It shall be the sent claim be allowed, Massachusetts would be entitled duty of the Committee on Military Affairs to take into to the allowance of a similar claim for about a million of consideration all subjects relating to the military establish- dollars, and he wished the bill referred to the Committee ment and public defence, which may be referred to them of Claims, because that committee might with propriety by the House, and to report their opinion thereupon; and, be denominated the committee of moral obligations, and also, to report, from time to time, such measures as may he appeared to be confident that, after that committee contribute to economy and accountability in the said es- had sanctioned the claim, the demand of Massachuset tablishment."] All claims for services "relating to the would be allowed of course. With all deference, he public defence." Did not the present case come within could not consider this as consistent reasoning. The the very letter of the rule, so far as to the principle in- gentleman wished the bill to go to the Committee of volved? Then as to the facts. He could mention vari- Claims, because it would be entitled to more consideration ous States which had presented claims similar to those of from having had the reports of two committees in its faSouth Carolina, and their claims had gone to the Military vor, especially because the Committee of Claims would Committee. He did not question the gentleman's state- be untrammelled by the particular circumstance of having ment that it had formerly been the practice of the House for its chairman "a subject of the sovereign State of to send such demands to the Committee of Claims; but it South Carolina." had not been so since he [Mr. D.] had enjoyed the honor Mr. D. said he was not prepared to distinguish a subof a seat in that House; and, for his own part, he should ject from a citizen. The gentleman indeed had affirmed be inclined to think the latter practice on this subject that "sovereign" and "subject" were correlative terms. preferable to what might perhaps, with propriety, be With great deference, he must beg leave to differ. termed the former antiquated and erroneous practice. The States of this confederacy were sovereign States, He pledged himself to enumerate many cases of a similar because they owed no allegiance to any foreign Governkind to the present which had gone to the Committee on ment. The term sovereign had reference to foreign Military Affairs. The first he recollected, was the claim Powers, but those ruled by sovereigns were not thereof Georgia for services on behalf of the United States, fore necessarily subjects. The term subject applied to performed by her militia against the Indians. The next the condition of persons under the Government of Europe, was the claim of Massachusetts: this had twice been re- where all power was held to flow from the Crown; but in ferred to the Military Committee since he had been a mem- this country the case was precisely the reverse. Here the ber of the House. The claim of the State of Delaware had received a similar reference. Here were four cases of reference of claims precisely analogous to that in the present bill, for precisely the same sort of services. Mr. D. said he should have remained silent but for another error on the part of one of the gentlemen who advocated the motion for recommitment. higher power was derived from the people--the people were the sovereigns; and could a sovereign be a subject? Why were the people of this country called "citizens" Because they were all equal! But were subjects all equal? Not at all! there are different grades of subjection, from the ducal-coronet down to the meanest day-laborer. But here all are citizens, and all are sovereigns. He did not acknowledge himself a subject of the State of South Carolina, because he was one of the people of that State, and so far a sovereign. But the remark of the gentleman seemed to imply that some influence would be exerted by the chairman of the Military Committee, from the relation he bore to his native State. The gentleman at the head of the Committee of Claims had put to him this question: whether blankets were allowed to the militia by law, or by a regulation of the War Department? And he had answered the gentleman that they were allowed by regulation; yet the gentleman had accused him of being in error, and had denied to the House that blankets were allowed by law in Mr. D. said he was perfectly sure that the gentleman any circumstances. But he [Mr. D.] had never affirmed from Massachusetts had not intended any injurious reflecthat they were, but, on the contrary, had expressly tion. He entirely acquitted him of any such intention; stated that they were allowed by regulation only. That yet he must say that the inference from the gentleman's assertion he made on the ground of evidence which was remark could be none other than that because the chairembodied in the report. The objection of the depart- man of the committee happened to be a citizen of the ment to allow the item for blankets was not that the State preferring the claim, he would be under a bias incharge was an improper one, but that it was disallowed clining him to decide contrary to honor and justice, and by the regulations. Now he should be glad to know on that he would violate the duty of his station, for the sake what principle the regulation adopted by one of the of putting into the coffers of his native State a few paltry departments precluded the examination of a charge by dollars and cents. Either that was the legitimate inferthat House. He did not blame the department for adopt-ence from the remark of the gentleman, or else it was a ing those regulations-they may have been foisted upon dead-born and unmeaning observation. Nothing could it from the necessity of the case, because there was no be inferred from it, than that a citizen of South Carolina, law. But still they were no more than regulations, and in making a report in favor of his State, was governed they could claim no further authority. not by honor, patriotism, or any praiseworthy sentiment, Mr. D. wished it to be distinctly understood that in but had prostituted his independence and integrity, mere. urging this claim he did not at all address himself to the ly for the sake of putting a little money into her coffers. generosity or magnanimity of the House. He would not He knew no other meaning that could be attached to the make an appeal to such considerations, were his State remark, unless it were that the individual, though not thereby to gain millions. He appealed to the equity and intending to act dishonorably, was, nevertheless, unwilthe unbiassed honor of the House as individual gentle- lingly and unconsciously operated upon by a secret bias, men, to say whether such an item of claim ought or leading him, without his own consciousness, to violate the ought not to be allowed. Much that he might wish to dictate of truth and honor. But, secret as the bias might add had already been so well said by the gentleman from be, if it existed at all, it must proceed from the same Massachusetts, who last addressed the House, [Mr. source, and that source must be contaminated. It had EVERETT,] that he forebore a repetition; but as he was been said that the Committee of Claims founded their deup, he would reply to one or two remarks which had cisions exclusively on the ground of moral obligation; but fallen from the first gentleman from Massachusetts, [Mr. surely all claims coming before that House made their apADAMS,] a gentleman for whom he entertained very peal to that principle, and to that alone. He knew of but JAN. 5, 1832.] South Carolina Claims. [H. OF R. two kinds of obligations to pay money--legal and moral. this Government, whose duty it was to defend it, was Claims that rested on legal obligation were enforced by wholly unable so to do. The questions presented by this the courts--it was those only which rested on moral bill, therefore, do involve new principles, and may thus grounds, and for which the courts afforded no redress, that were the legitimate objects of the attention of that House. Mr. PEARCE, of Rhode Island, now moved an adjournment, but the motion was promptly negatived. be considered important. But who should we consult on the question whether this Government shall pay for arms, balls, or the transportation of baggage or stores?-the Committee of Claims or the Committee on Military Af fairs? Which, by its organization, is supposed to be most Mr. DAVIS, of Massachusetts, said the debate on this conversant with the matter? Is not the whole affair miliquestion was not a very profitable one, for it had involved tary in its character? and, so far as principles are involv matters which were collateral to the inquiry raised by the ed, or any change of the rules of action are proposed, motion; matters which had elicited from some gentlemen does it not affect exclusively military transactions? Sir, considerable feeling, and from others much criticism. It there seems to me to be the most obvious propriety in is, said Mr. D., worth while to go back and ascertain from submitting this matter to the gentlemen who have had the what we took our departure. care of it, and of taking their judgment upon it. Sir, said A motion was made the other day by a gentleman from Mr. D., there is another view of this matter, and I appeal Virginia, [Mr. McCor,] to recommit the bill to the Com to the House to decide whether it ought not to have great mittee of Claims, that they may report upon it. Under weight. One of the States of this Union has been dewhat circumstances is this motion made? South Carolina manding justice, as she says, at our hands, for many years. came here as a petitioner for the reimbursement of certain Her delegation now declare their wish that the fate of money which she paid out of her treasury to defray the their demand may meet with a decision; and shall we delay expenses of her militia during the late war. She came them longer? Our duty to ourselves and to the country, here because her demands had been rejected at the War as well as to the claimants, requires that we should meet Department; and this petition was referred, by the order the question manfully, and decide it at once, by recording of this House, to its standing Committee on Military Af our votes for or against it. fairs. They have made a favorable report, and brought Mr. BARBOUR, of Virginia, said he found that the inin the bill now under consideration, which it is proposed telligent gentleman from Massachusetts [Mr. EVERETT] to throw into the hands of the Committee of Claims. And labored under a serious delusion as to the claim advanced why, said Mr. D., is this motion made? It is certainly an here by the State of Virginia; and he merely wished to unusual course of proceeding, if not an uncourteous, to offer one or two observations, in order to correct the call on one committee to revise the work of another. Are error into which he had fallen--an unintentional error, any new facts to be brought to light? Any new matter no doubt. The honorable gentleman had said that the which will aid the inquiries of the House? I have heard petition preferred by the State of Virginia would, if comno gentleman suggest that any such thing is anticipated. plied with, have the effect of opening claims for revoluThe motion, therefore, seems to rest on this ground alone. tionary service. If the gentleman thought this, he must Some gentlemen do not concur in opinion with the com- have totally mistaken the character of the claim. The mittee; they are dissatisfied, and would adopt any mea- gentleman indeed had candidly stated that he had not sures which might be considered fair to defeat the bill; read the petition of Virginia, and Mr. B. was sure, when they, therefore, would experiment a little to see if they he should have read it, that he would have the candor to can obtain a counter opinion. This, if I may be allowed acknowledge this. The true state of the case was this; to use the expression, is one of the games of legislation, Virginia had been called upon to discharge the obligato destroy a bill by delays, and, I believe, is considered tions of the United States, and all she asked of the Genefair for those opposed to a measure. But, sir, the argu- ral Government was that she might be paid the money ment has gone further; it has been urged, with great zeal thus advanced. and vehemence, that this matter ought to go to the Com- Mr. ADAMS rose in reply, and promised not to detain mittee of Claims, because it is appropriate for them alone; the House more than two or three minutes; nor should and why? Because they are better qualified than the he have risen at all, had not the observations be had had Committee on Military Affairs? Let us look at the matter the honor to submit been received in a manner totally dif a moment, and see whether it is not such as may be safely ferent from what had been intended by him; in conseconfided to the seven gentlemen selected by you, sir, to quence of which, he was under the necessity of disclaiming compose that committee, to whom we entrust concerns of what had been erroneously imputed to him. great moment. Carolina has been here for sixteen years asking you, either here or at the Department of War, to allow her the amount of certain sums she paid out of her treasury. One gentleman had considered that, by supporting (for he had not made) the proposition to refer the bill to the Committee of Claims, he had passed a virtual, if not an express imputation on the very respectable Committee on Military Affairs, which had reported in its favor. He was happy, however, that the Speaker himself had expressed himself as sensible that he had had no such intention. She asks, in the first place, to be paid for cannon balls which she furnished for the war. Is there any thing in this item which calls for such peculiar skill in the settlement of accounts, as that this committee of seven could not do justice to it? The next item is for the transporta- The gentleman from Rhode Island himself had not more tion of baggage, &c. And is this a matter of such deep confidence in the honorable gentleman at the head of the perplexity that the committee could not manage it? There Military Committee than he had. If a question as to prois also an item for arms which the State bought, and now perty arose between that gentleman and himself, he should claims pay for. This is the substance of the account with as much pleasure refer it to the decision of the genwhich is said to require revision by the Committee of tleman himself, as his friend from Rhode Island. But the Claims. To me, sir, it seems, so far as it is an account of present was not a question between that gentleman and dollars and cents, a very plain, simple affair. There is, himself, but between the State of South Carolina and the however, a view of it which is more important. The treasury of the United States: and he stood, together Executive branch of the Government refuses to allow these with other gentlemen around him, as the special guardian charges, and requires that the State should make the of the treasury, as the property of the people. sacrifice occasioned by the loss, though the money is said It was true, as one gentleman had taken care to remind to have been expended bona fide for the defence of the him, that he was a new member--he had had less expecountry, and at a time, and under circumstances, when rience, and possessed less knowledge of the practice of H. OF R.] Patents to Aliens. [JAN. 6, 1832. I the House, than some other gentlemen. He bowed with Mr. EVERETT, of Massachusetts, asked to trouble the deference to their superior experience; but to him it House with a word of explanation. The gentleman from seemed a new thing, that personality should be imputed Virginia [Mr. BARBOUR] says I committed a great error when a member objected to the report of a committee of (which he is good enough to think unintentional) about the House. If such were the sentiment of the House, the memorial from his State; and, to prevent the delusion and if the chairman of each committee considered his from spreading, has undertaken to set me right. I have personal feelings involved in such a manner with all its no doubt the gentleman thought I said something erronereports, that to question the correctness of a report or a ous. But the amount of what I said was, that Virginia bill reported by them, or to move the reference of them asked us to pay her large sums of money, on account of for further investigation to another and appropriate com- the services of her soldiers in the revolutionary war. mittee, is an imputation upon the integrity of the chair- purposely used this general language. Now, sir, I hold man, or of any member of the prior committee, it seemed the document in my hand. It begins thus: "The Geneto him that the freedom of speech in this House would be ral Assembly of Virginia, believing that their State has a thereby not a little restrained. The fact was new to him; valid and substantial claim on the United States for various he knew it not as a parliamentary principle, nor did he large sums of money, which have been paid, and which know it in the remotest degree as a principle in his own that commonwealth may be to pay, on account of the serheart. There was no individual in the world in whose vices of the troops of her State line during the war of the honor and integrity he had a more perfect confidence than revolution," &c.; and the last paragraph runs as follows: in those of the chairman of the Military Committee; but "Your memorialist [the agent for Virginia] asks, in conhe had supposed it to be the privilege of every member clusion, that all sums of money, which the State of Virgito question the substance of any report or bill presented nia has paid since the passage of the act of Congress of to the House. To give this explanation, had been the 5th August, 1796, entitled An act to provide more effectprincipal reason of his rising at this time. He had but ually for the settlement of the accounts between the Unitone or two words more. ed States and the individual States,' to officers of her State line or of her continental line, on account of her engagements during the revolution, may be refunded to the commonwealth," &c. The House, said Mr. E., can judge of the extent of my error. Mr. BARBOUR observed that the memorial expressly disclaimed any desire to open the settlement which had been made of revolutionary claims. The question was now put on recommitting the bill, and decided in the negative by a very large majority. FRIDAY, JANUARY 6. PATENTS TO ALIENS. Mr. TAYLOR, from the select Committee on the Patent Laws, reported a bill concerning the issuing of patents to aliens for useful discoveries and inventions." It was read a first and second time. It had been observed by the honorable Speaker that the merits of the question had not been entered into. He certainly bowed with submission to the declaration of the Chair, but otherwise he should have thought that the merits of the question had been much entered into-not by him; he had carefully abstained from touching that part of the subject. He had stated that he wished every dollar of the claim might be allowed. He had made no question as to the allowance of blankets--the poor men who had performed the service were entitled to covering, and he was incapable of objecting to the allowance. He only desired, as one of the guardians of the treasury, that the claim should be sifted to the bottom, so that none might hereafter be able to raise a voice against the allowance. The distinction he had made between the duties of the different committees of the House, had been this: that it was the peculiar and special duty of the Committee of Claims to inquire into the moral obligation of the Government to pay Mr. T. said that the act of 1800 authorized the issuing money; and the equal justice they were obliged to dis- ing of patents to aliens who had resided two years in this pense to all claiming money, rendered it desirable that the country. By the first patent law, passed in 1790, the claim should go to them. Other committees regard, prin- same privileges were extended to aliens as to citizens, folcipally, the service on which the claim before them rest-lowing in this respect the example of the British law. By ed; and decided each claim on its own grounds alone, and a subsequent act of 1793, these privileges were limited to not according to any general rule. But the Committee citizens; but by the first section of the act passed in 1800, of Claims, who had fifty or a hundred cases before them, they were extended to aliens who had resided two years were obliged to decide them all on one general rule, ap- in this country, on their making oath or affirmation that plicable to all other cases of a like nature. The justice such invention or discovery had not before been made in of allowing one claim, not admissible by the legal rules this or any other country, in this respect making a differequally applied to all demands adjusted by the account-ence between the alien and citizen, the latter of whom was ing officers of the Government, must often depend upon only required to swear that he was the first inventor. the allowance of another. The principle applied to one Since the passage of this act, at least seventeen laws had should be applied to all. The claims are all equitable, not been passed dispensing with the provision as to two years' legal claims. All legal claims are adjusted and settled at residence, and authorizing the issuing of patents where the treasury. But if similar clains should be sent to dif- the petitioner was resident here at the time of his applicaferent committees of the House, the complaint would at tion. To remedy this evil, and prevent the necessity of last be applicable here, which was made against the ad- repeated applications, which were never denied, and could ministration of the court of chancery in England, and the only tend to load the statute book, the committee had House's equity would come to depend on the length of framed a bill on the principles of those seventeen acts, authe Chancellor's foot. He disclaimed entering into the thorizing the issuing of patents where the applicant was merits of the claim: he had not, and he would not, enter at the time a resident of the United States, had complied into them. But as one of the representatives of the peo- with the naturalization laws by declaring his intention, ple of the United States, he wanted a principle that should be the same, whether the claim to be allowed by the House were the claim of a sovereign State, or the claim of the widow and the orphan. Mr. BURGES made a brief explanation in reference to his previous remarks, especially that part of them in which he had replied to the remark of Mr. Anams, in relation to the chairman of the Military Committee, [Mr. DRAYTON.] and had further complied with the act of '93, by swearing or affirming that his invention or discovery had not been before made in this or any other country, and that he was the true inventor or discoverer. He thought, as such were the provisions and objects of the bill, no objection could be made to it. He moved that it be engrossed for a third reading. The motion was agreed to. JAN. 9, 1832.] Claims for Captured Property.--Bank of the United States. CLAIMS FOR CAPTURED PROPERTY. Mr. COOKE, of New York, offered the following resolution: [H. OF R. infantry of the militia to the same allowance for such loss. The loss of a horse by an officer in the regular service could be easily provided for; but that of the officers of Resolved, That a committee be appointed to inquire into the militia, who were the mounted infantry, could not be the expediency of making further provision for extending so. These were the true principles upon which the bill and the more effectually carrying into effect the provi- was founded, he observed: they were equitable and suffi sions of the act of Congress entitled an "Act authorizing cient to answer the purposes for which they were intendthe payment of property lost, captured, or destroyed by ed, and were acted upon by the Committee of Claims. the enemy, while in the military service of the United Mr. J. went on to comment on the delay which even now States, and for other purposes," passed 9th April, 1816, attended the passing of such claims through the House. and the several amendments thereto, and that said commit- His constituents were frequently writing to him on the tee have leave to report by bill or otherwise. subject of such claims; and if he was fortunate enough, by Mr. WHITTLESEY, of Ohio, doubted very much the preferring them at an early period of the session, to obpropriety of adopting such a resolution. The result of tain a favorable report and a bill, they were frequently doing so would be to open all the cases respecting the loss delayed so long, from various causes, through the session, of property during the late war, and to discuss and decide as not to receive their final action, and were swept away upon all the claims which had undergone the investigation and numbered with the days beyond the flood. This was and decision both of the Executive Depart.nents and the the case often from session to session; and how then could Committee of Claims. In 1824 or '25, the subject had been it be expected that they could wade through ten times the fully discussed, and a bill had passed for the reinvestiga-business which could be done elsewhere, where it ought tion of a certain class of claims which came under the no- to be done at all? It was better, he repeated, to send tice of the commissioners, and were referred by them to such subjects to the Executive Departments. The desothe Third Auditor. He believed also that the bill went lation of war he knew could not be paid by any Governas far as was necessary, and the appropriation for the pur-ment; but there was not a more sacred claim upon any pose of it, 250,000 dollars, was now expended, or nearly so. Government than those of the sufferers by war. He was not aware of any reason for the appointment of a select committee in the matter. Both the Executive and the Committee of Claims understood the principles on which they had acted in all the cases referred to them for their decision. The phraseology of the resolution, Mr. W. went on to say, appeared to him to be defective; it would be opening the statute of limitations, and overwhelming the House with a deluge of long settled claims. It is true we have an overflowing treasury, but that is no reason why it should be opened to every one who might choose to put his hands in it. He preferred that the money should remain in the public coffers, rather than scattered abroad in the lavish manner to which an action by them upon the resolution would tend. In conclusion, he observed that the subject deserved the full consideration of the House before they should thus lay open the statute of limitations. Mr. HUBBARD here moved the orders of the day, and the House spent the remainder of the day on private bills; and then Adjourned to Monday. MONDAY, JANUARY 9. Mr. McDUFFIE presented the memorial of the president the United States, asking for a renewal of their charter. and directors, on behalf of the stockholders, of the Bank of BANK OF THE UNITED STATES. Mr. McDUFFIE moved to refer it to the Committee of Mr. DAVIS, of South Carolina, moved to refer it to a Committee of the Whole House on the state of the Union. A motion was also made to refer it to a select committee. Mr. JOHNSON, of Kentucky, said that in 1816 a bill Mr. WAYNE, of Georgia, said that he had on a former had been reported by the Military Committee on the sub- occasion expressed his objection to the reference of this ject, but it would be recollected that its provisions were subject to the Committee of Ways and Means; and he to expire in eighteen months or two years, he could not should not trouble the House by repeating now what he precisely say which. Since its expiration, cases which had advanced at the commencement of the session in fawould have come under its operation had been referred vor of the appointment of a select committee; but he to the Committee of Claims, which had uniformly acted called upon gentlemen to consider what was the attitude upon them in the spirit of the law, and had reported spe- of the Committee of Ways and Means in reference to the cial bills in favor of all those applicants whose cases would bank question, and to compare it with the attitude in which have been reached by the act, had its existence been pro- that question had been presented to the House by the Prelonged. He begged the House, before they opened an sident of the United States; and he would ask whether it avenue for a mass of business which they never could get was not manifestly proper to submit the memorial to a through, and most, if not all of which, had already been committee entirely uncommitted upon the subject. But acted upon before, to look at their docket, where they this was not the object for which he had risen; the prewould find as many perhaps as two hundred orders to be sent question had not come upon him unexpectedly; he considered, and to reflect also that more than one month had been aware before he entered the House that a meof the session was gone. Many of the cases of claims morial of this kind would this morning be presented; and which were advanced, were acted upon by the Govern- when he looked back upon the occurrences of the last ment under precise rules which embraced whole classes; four weeks, and remembered what had taken place at a and he thought it would be better to leave all such to their late convention in Baltimore, and the motives which had decision, instead of bringing the investigation of innume-been avowed for bringing forward the subject at this time, rable individual cases into that House, which would follow he must say that gentlemen ought not to permit a petition if they passed a bill founded on the resolution before them. of this kind to receive the attention of the House. Who It was a task which the whole number of members of the could doubt that the presentation of that memorial was in House could not perform, unless by the neglect of more fact a party measure, intended to have an important opeimportant duties. In 1816, a bill passed making provision ration on persons occupying the highest offices of the for the reimbursement of property lost during the late war. Government If, however, it should be considered neIt was based upon two principles, one recognising the cessary to enter upon the subject at the present time, Mr. justice of paying the volunteer cavalry for the loss of W. said he was prepared to meet it. But when gentlehorses when in the actual service of the country, and the men saw distinctly before their eyes the motive of such a other admitting, in like manner, the claim of the mounted proceeding, he hoped that, notwithstanding there might |