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H. OF R.

War Taxes.

MARCH, 1812.

Earle, William Findley, Meshack Franklin, Thomas calf, Jeremiah Morrow, Hugh Nelson, Anthony New,
Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Thomas Newbold, Thomas Newton, Stephen Ormsby,
Grundy, Bolling Hall, Obed Hall, Aylett Hawes, Jacob Israel Pickens, James Pleasants, jun., William M.
Hufty, John M. Hyneman, Richard M. Johnson, Jo- Richardson, John Rhea, John Roane, Jonathan Rob-
seph Kent, William R. King, Abner Lacock, Peter erts, Ebnezer Sage, Ebnezer Seaver, John Sevier, Adam
Little, William Lowndes, Aaron Lyle, Nathaniel Ma- Seybert, John Smilie, George Smith, John Taliaferro,
con, Thomas Moore, William McCoy, Samuel McKee, George M. Troup, Charles Turner, jun., Robert White-
Alexander McKim, Arunah Metcalf, Jeremiah Mor-hill, William Widgery, and Richard Winn.
row, Hugh Nelson, Anthony New, Thomas Newbold,
Thomas Newton, Stephen Ormsby, Israel Pickens,
William Piper, James Pleasants, jun., Benjamin Pond,
William M. Richardson, John Rhea, John Roane, Jo-
nathan Roberts, Ebenezer Sage, Ebenezer Seaver, John
Sevier, Adam Seybert, John Smilie, George Smith,
John Taliaferro, Uri Tracy, George M. Troup, Charles
Turner, junior, Robert Whitehill, William Widgery,
Richard Winn, and Robert Wright.

NAYS-William Anderson, John Baker, Harmanus Bleecker, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, Matthew Clay, James Cochran, John Davenport, jun., Samuel Dinsmoor, William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Richard Jackson, jun., Joseph Kent, Philip B. Key, Lyman Law, Joseph Lefever, Joseph Lewis, jr., Peter Little, Robert Le Roy Livingston, George C. Maxwell, Archibald McBryde, James Morgan, Jonathan 0. Moseley, Joseph Pearson, William Piper, Timothy Pitkin, jun., Benjamin Pond, Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Thomas Sammons, Samuel Shaw, Daniel Sheffey, Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges, Samue! Taggart, Benard White, Thomas Wilson, and Robert Wright.

NAYS-William Anderson, John Baker, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, John Davenport, jun., William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Richard Jackson, jun.. Philip B. Key, Lyman Law, Joseph Lefever, Joseph, Lewis, jun., Robert Le Roy Livingston, George C. Maxwell, Archibald Mc-jamin Tallmadge, Uri Tracy, Laban Wheaton, LeonBryde, James Morgan, Jonathan O. Moseley, Joseph Pearson, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Daniel Sheffey, Richard Stanford, Philip Stuart, William Strong, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Laban Wheaton, Leonard White, and Thomas Wilson.

The next resolution embraced the direct tax of three millions, to be apportioned as provided by the Constitution.

On this question a discussion took place, foreign to the question immediately before the House, viz: on a doubt stated by Mr. RANDOLPH, wheThe other clause of the resolution proposes to ther the tax was to be laid according to the preslay a tax of five cents for every hundred dollars, ent representation in Congress, or according to on all endorsed notes of hand and bills of exchange. the number of the people of the United States as This clause was objected to by Mr. LITTLE, on ascertained by the latest enumeration. Messrs. the ground of its oppressive nature and the odium BACON, MCKIM, LOWNDES, and WIDGERY declarwhich former experience had attached to it in ed their opinions in favor the latter mode; but the minds of the people. The small product it Mr. RANDOLPH declared it to be a question of inwould afford would not go far to the support of superable difficulty, inasmuch as, if the taxation the war; and he thought it might be dispens-was apportioned by the present Congress according to the last enumeration (which has not yet Mr. BACON replied that this tax was now so ar-affected the representation) it would be a violaranged as not to afford the same cause of complaint as former stamp taxes, because it would not operate on the poor, would subject the people in thinly-settled countries to no difficulty in obtaining them, and would generally affect only large capitalists or extensive traders in the cities. Mr. McKIM said that, however oppressive he might deem this and perhaps all the other taxes, he felt in some degree pledged at present to vote for the whole report of the committee.

ed with.

The question was taken on this clause and carried-yeas 65. nays 53, as follows:

tion of the vital principle of the Constitution, that representation and taxation must go hand in hand.

The resolution was agreed to, on the question's being taken-yeas 77, nays 39, as follows:

YEAS-Willis Alston, jun., William Anderson, Stevenson Archer, Ezekiel Bacon, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, William Findley, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefe

YEAS-Willis Alston, jun., Stevenson Archer, Ezekiel Bacon, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Lewis Condict, William Craw-ver, Peter Little, William Lowndes, Aaron Lyle, Naford, Roger Davis, John Dawson, Joseph Desha, Elias thaniel Macon, Thomas Moore, William McCoy, SamEarle, William Findley, Meshack Franklin, Thomas uel McKee, Alexander McKim, Arunah Metcalf, James Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Morgan, Jeremiah Morrow, Hugh Nelson, Anthony Grundy, Bolling Hall, Obed Hall, Aylett Hawes, Jacob New, Thomas Newbold, Thomas Newton, Stephen Hufty John M. Hyneman, Richard M. Johnson, Wil- Ormsby, Israel Pickens, William Piper, James Pleasliam R. King, Abner Lacock, William Lowndes, Aaron ants, jun., Benjamin Pond, William M. Richardson, Lyle, Nathaniel Macon, Thomas Moore, William Mc- John Rhea, John Roane, Jonathan Roberts, Ebenezer Coy, Samuel McKee, Alexander McKim, Arunah Met-Sage, Ebenezer Seaver, John Sevier, Adam Seybert,

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John Smilie, George Smith, John Smith, William
Strong, John Taliaferro, George M. Troup, Charles
Turner, jr., Robert Whitehill, William Widgery, Rich-
ard Winn, and Robert Wright.

H. OF R.

Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, WilNAYS-John Baker, Abijah Bigelow, Harmanus liam Findley, Meshack Franklin, Thomas Gholson, Bleecker, James Breckenridge, Elijah Brigham, Epa- Peterson Goodwyn, Edwin Gray, Isaiah L. Green, Fephroditus Champion, Martin Chittenden, John Daven- lix Grundy, Bolling Hall, Obed Hall, Aylett Hawes, port, junior, William Ely, James Emott, Asa Fitch, John M. Hyneman, Richard M. Johnson, Joseph Kent, Thomas R. Gold, Charles Goldsborough, Edwin Gray, William R King, Abner Lacock, Joseph Lefever, PeRichard Jackson, junior, Philip B. Key, Lyman Law, ter Little, William Lowndes, Aaron Lyle, Nathaniel Joseph Lewis, jun., Robert Le Roy Livingston, George Macon, George C. Maxwell, Thomas Moore, ArchiC. Maxwell, Archibald McBryde, Jonathan O. Mose-bald McBryde, William McCoy, Samuel McKee, Alley, Joseph Pearson, Timothy Pitkin, jun., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Daniel Sheffey, Richard Stanford, Philip Stuart, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Laban Wheaton, Leonard White, and Thomas Wilson.

The next resolution, that each State may pay the whole direct tax apportioned to its share, with a deduction of fifteen per cent. was agreed toyeas 73, nays 37, as follows:

exander McKim, Arunah Metcalf, James Morgan, Jeremiah Morrow, Hugh Nelson, Thomas Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, junior, William M. Richardson, John Rhea, John Roane, Jonathan Roberts, William Rodman, Ebenezer Sage, John Sevier, Adam Seybert, John Smilie, George Smith, John Smith, Richard Stanford, William Strong, John Taliaferro, Uri Tracy, Charles Turner, junior, Robert Whitehill, William Widgery, Thomas Wilson, and Robert Wright.

Lewis, junior, Jonathan O. Moseley, Joseph Pearson,
Timothy Pitkin, jun., Elisha R. Potter, Josiah Quincy,
John Randolph, William Reed, Philip Stuart, Lewis B.
Sturges, Benjamin Tallmadge, Laban Wheaton, and

Leonard White.

NAYS-Abijah Bigelow, Harmanus Bleecker, Elijah YEAS-William Anderson, Stevenson Archer, Eze- Brigham, Epaphroditus Champion, Martin Chittenkiel Bacon, David Bard, Burwell Bassett, William W. den, John Davenport, junior, William Ely, James EmBibb, William Blackledge, Adam Boyd, Robert Brown, ott, Asa Fitch, Thomas R. Gold, Charles GoldsborWilliam A. Burwell, William Butler, John C. Cal-ough, Richard Jackson, junior, Lyman Law, Joseph houn, Langdon Cheves, Matthew Clay, James Cochran, Lewis Condiet, William Crawford, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findley, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix, Grundy, Bolling Hall, Obed Hall, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefever, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, James Morgan, Jeremiah Morrow, Hugh Nelson, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, John Smilie, George Smith, John Smith, William Strong, John Taliaferro, Uri Tracy, Charles Turner, jr., Robert Whitehill, William Widgery, and Robert Wright.

NAYS-John Baker, Abijah Bigelow, Harmanus Bleecker, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, John Davenport, junior, William Ely, James Emott, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Richard Jackson, jun., Lyman Law, Joseph Lewis, jr., Robert Le Roy Livingston, Archibald McBryde, Jonathan O. Moseley, Thomas Newbold, Joseph Pearson, Timothy Pitkin, jun., Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, William Rodman, Daniel Sheffey, Richard Stanford, Philip Stuart, Lewis B. Sturges, Benjamin Tallmadge, Laban Wheaton, Leonard White, and Thomas Wilson. Next came under consideration the resolution that the taxes thus laid shall not take effect until the commencement of the war, or until letters of marque and reprisal shall have been issued. This passed-yeas 80, nays 26, as follows:

YEAS-Willis Alston, junior, William Anderson, Stevenson Archer, Ezekiel Bacon, John Baker, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, James Breckenridge, Robert 12th CoN. 1st Sess.-37

The next and last resolution reported by the Committee of Finance provides that these taxes shall continue no longer than one year after the conclusion of the war. Agreed to-yeas 72, nays 27. as follows:

YEAS-Willis Alston, junior, William Anderson, Stevenson Archer, Ezekiel Bacon, John Baker, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwelt, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, William Findley, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, James Morgan, Jeremiah Morrow, Hugh Nelson, Thomas Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jun., Benjamin Pond, William M. Richardson, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Taliaferro, Uri Tracy, Charles Turner, junior, William Widgery, Thomas Wilson, and Robert Wright.

NAYs-Abijah Bigelow, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, John Davenport, junior, William Ely, James Emott, Asa Fitch, Charles Goldsborough, Richard Jackson, junior, Lyman Law, Joseph Lewis, junior, Archibald McBryde, Jonathan O. Moseley, Joseph Pearson, Timothy Pitkin, junior, Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, William Rodman, Richard Stanford, Philip

H. of R.

Constitution of New Orleans-General St. Clair.

Stuart, Lewis B. Sturges, Benjamin Tallmadge, Laban Wheaton, and Leonard White.

The question was then taken on all the resolutions, taken together, and agreed to-yeas 56, nays 34, as follows:

YEAS-Willis Alston, William Anderson, Stevenson Archer, Ezekiel Bacon, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, Lewis Condict, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, William Findley, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, Aylett Hawes, John M. Hyneman, Richard M. Johnson, William R. King, Abner Lacock, Peter Little, William Lowndes, Aaron Lyle, Thomas Moore, William McCoy, Samuel McKee, Alexander McKim, Jeremiah Morrow, Hugh Nelson, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jun., William M. Richards, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, John Sevier, John Smilie, George Smith, John Taliaferro, and Charles Turner, jr. NAYS-John Baker, Abijah Bigelow, James Breckenridge, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, James Cochran, John Davenport, jun., William Ely, James Emott, Asa Fitch, Charles Goldsborough, Richard Jackson, jun., Lyman Law, Joseph Lewis, jun., Nathaniel Macon, Archibald McBryde, Jonathan O. Moseley, Thomas Newbold, Joseph Pearson, Timothy Pitkin, jun., Elisha R. Potter, Josiah Quincy, John Randolph, Wm. Reed, William Rodman, Thomas Sammons, Richard Stanford, Philip Stuart, Lewis B. Sturges, Benjamin Tallmadge, Leonard White, Thomas Wilson, and Robert Wright.

The resolutions were then referred to the Committee of Ways and Means, with directions to report by bill.

CONSTITUTION OF ORLEANS.

MARCH, 1812.

dates for military appointments.] The details of the bill having received some amendment, it was ordered to be engrossed for a third reading.

Mr. MOORE remarked that, in the system of discipline for the Army transmitted to Congress during the present session, in pursuance of a call from the House, there was no system of discipline for the cavalry, the necessity for which was certainly as great as for the other branches of our Army. He, therefore, proposed the following resolution:

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be requested to cause to be laid before the House &
Resolved, That the President of the United States
system of rules and regulations proper to be adopted
and Militia of the United States."
for training and disciplining the cavalry of the Army

Agreed to, and Mr. MOORE and Mr. HARPER were appointed a committee to present the same to the President.

A message from the Senate informed the House that the Senate have passed the bill "to alter the time of holding the Circuit Courts of the United States at Knoxville, in the district of East Tennessee," with amendments; and the bill "making further appropriation for the defence of our maritime frontier," also with amendments; in which they desire the concurrence of this House.

CONSTITUTION OF ORLEANS.

The House resumed the consideration of the motion of Mr. DAWSON, pending when the House yesterday adjourned, for reference of the consti tution to a select committee.

Mr. POINDEXTER stated that the fourth section of the act of the last session, under which the constitution had been framed, provided that a separate instrument should be transmitted to Congress by the convention, recognising the Federal

The following Message was received from the Constitution. It appeared that such an instru

PRESIDENT OF THE UNITED STATES:

To the Senate and House of

Representatives of the United States: At the request of the convention assembled in the Territory of Orleans on the 22d day of November last, I transmit to Congress the proceedings of that body in pursuance of the act, entitled "An act to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of the said State into the Union on an equal footing with the original States, and for other purposes."

MARCH 3, 1812.

JAMES MADISON.

The Message and accompanying documents having been read, a proposition was made to refer them to a select committee; but, before it was decided, the House adjourned.

THURSDAY, March 5.

The House resumed the consideration of the bill supplementary to the act for raising an additional military force. [The object of the bill is, to place on the same footing, as to rank, all the officers of each grade of the Army who may be appointed at the present session, so as to allow more time for a proper selection of the candi

ment had not been forwarded, although the Federal Constitution was recognised in the body of the instrument which was now before the House.

He, therefore, moved an amendment going to instruct the committee to inquire into the expediency of repealing so much of the fourth section of the act of last session, as requires a separate instrument of recognition.

Mr. DAWSON accepted the proposed amendment as a part of his motion.

The constitution was then committed, with this instruction, to a select committee, comprised of the following members, viz: Mr. Dawson, Mr. MACON, Mr. TROUP, Mr. JOHNSON, Mr. FINDLEY, Mr. BIGELOW, and Mr. POTTER.

GENERAL ST. CLAIR.

On motion of Mr. WRIGHT the House resolved itself into a Committee of the Whole on the bill for the relief of Arthur St. Clair. The bill directs the allowance at the Treasury, to the General, of "the sum of $1,800, advanced by him on 'the 26th of October, 1776, for the recruiting service, with legal interest for the same from that date, deducting from the amount $200 advanced to him on that account in May, 1810, and that ' the balance be paid," &c.

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6

MARCH, 1812.

Proceedings.

H. of R.

Much debate took place on this claim, which Resolved, That Allan B. Magruder, and Eliwas opposed and supported with considerable zeal. gius Fromentin, agents from the Territory of OrThe Committee rose, and reported the bill with-leans, be admitted within the Hall of Representaout material amendment.

On motion of Mr. ALSTON, the bill was then so amended as to authorize the settlement of the claim at the Treasury, and the payment to General St. Clair of such balance as may, on such settlement, appear to be due to him.

A motion was then made by Mr. NELSON to recommit the bill, with a view to expunging the amendment just agreed to; because, Mr. N. said, General St. Clair's accounts having been burnt in the War Office, it would be impossible that he could ever bring them to a settlement at the Treasury.

The motion to recommit was agreed to, 51 to 47, and the House again resolved itself into a Committee of the Whole on the bill.

Mr. NELSON then moved to erase the amendment just adopted in the House; which motion, after debate, was agreed to; when the bill again came before the House, but before they decided on it, a motion was made to adjourn, and carried, 47 to 44.

FRIDAY March 6..

tives, anything in the rules and orders of the House to the contrary notwithstanding.

The House resolved itself into a Committee of the Whole, on the bill for the relief of Ninian Pinkney. [Mr. Pinkney is a Captain in the First Regiment of Infantry of the United States. His claim is for services rendered under an appointment as Brigade Major of the Army of the United States made by General Wilkinson, on 30th June 1800, and subsequently declared by the War Department to have been unauthorized. He prays that he may receive credit on the Accountant's books for money drawn as compensation for the services rendered whilst acting in that capacity, as his ordinary pay is now detained to that amount. The amount of the claim is somewhat upwards of $700.] After considerable conversation on the bill, the question in the House on its passage to a third reading was negatived, 44 to 39.

The bills for the relief of Thomas Wilson and the relief of Thomas Orr, passed through Committees of the Whole, and were ordered to be engrossed for a third reading.

The House took up the order of the day being the bill for the relief of General St. Clair. The question pending when the House yesterday adjourned, was negatived, 50 to 44.

The amendments proposed by the Senate to Mr. LEWIS presented a memorial of John Ma- the "bill to alter the time of holding the Circuit son, of the District of Columbia, stating the many Courts of the United States at Knoxville, in the inconveniences which would result from the cut- district of East Tennessee, in the State of Tenting of a canal around the western end of the cause-nessee," were read, and concurred in by the House. way leading from Mason's Island to the Virginia shore of the Potomac river, and praying that, in case a canal be cut around the said causeway, the proprietors may be directed to conform to certain stipulations mentioned in the memorial. Mr. Lewis also presented a petition of the President and Directors of the Georgetown and Alexandria Turnpike Road Company, and a petition of the Mayor, Recorder, Aldermen, and Common Council of Georgetown, to the same. effect with the memorial of John Mason.-Referred to the Committee for the District of Columbia.

The bill having been further amended, on motion of Mr. ROBERTS, by adding, "if the said sum shall be found due to him on a final settlement of his accounts with the United States"-was ordered to be engrossed for a third reading.

The bill supplementary to the act for raising an additional military force, was read a third time and passed.

The House resolved itself into a Committee of Mr. JOHNSON presented a resolution of the Gen- the Whole on the bill from the Senate "respecteral Assembly of the State of Kentucky, requesting the enrolling and licensing of steamboats;" ing the Senators and Representatives from that and, after some time spent therein, the bill was State in Congress to use their best exertions to reported without amendment, and ordered to be procure a road to be opened, at the public expense, read the third time to-day. from New Orleans to the State of Kentucky, over a route designated in the said resolution.-Referred to the Secretary of War.

Mr. JOHNSON also presented sundry resolutions of the General Assembly of the State of Kentucky, upon the subject of the national militia; which were read, and ordered to lie on the table.

Mr. GHOLSON, from the Committee of Claims. presented a bill for the relief of John N. Stout; which was read twice, and committed to a Committee of the Whole on Monday next.

Mr. GHOLSON, from the same committee, also presented a bill for the relief of John S. West; which was read twice, and committed to a Committee of the Whole on Monday next.

On motion of Mr. POINDEXTER,

The House resolved itself into a Committee of the Whole, on the bill providing for the removal of the causes depending in the respective District Courts of the United States in case of the disability of the judges thereof.

The bill provides "that so much of the act further to amend the judicial system of the United States passed the 28th of March, 1809, as requires the application of the district attorney, or marshal of the district, in writing, to authorize the exercise of the power therein given to a justice of the Supreme Court of the United States, shall be and hereby is repealed."

It appeared, from the conversation which took place on this bill, that the District Attorney and Marshal of the State of New York, had withheld

H. OF R.

West Florida-Tennessee Lands-Fortifications.

the written application required by law in an existing case of the absence of the judge of that district from the State. The object of the bill was stated to be, to make it the duty of the judge of the Supreme Court to exercise the powers in such case given by law, on satisfactory evidence of the absence or inability of the district judge, The bill was reported to the House and ordered to be engrossed for a third reading.

WEST FLORIDA.

Mr. JOHNSON submitted the following resolution:

"Resolved, That a committee be appointed to inquire into the situation of that part of West Florida west of the Perdido river, the possession of which was taken under the proclamation of the President of the United States on the 27th of October, 1810, and that the committee have leave to report by bill or otherwise." Mr. PITKIN inquiring the particular object of this motion

Mr. JOHNSON replied that, by the proclamation of the President of the United States, the territory embraced by the resolution was attached to the Orleans Territory. It is well known that the constitution of that Territory, in conformity to the law of Congress, had arrived, and was now before the House. The Territory in question, not being included within the limits prescribed for the new State, must either be attached to some other government or included in a separate administration. In addition to this circumstance, there were many grievances of which the people of that Territory complained, which required investigation. He had a number of memorials in his possession, the reference of which, at a proper time, he would move to that committee.

The resolution was adopted, and Mr. JOHNSON. Mr. PLEASANTS, Mr. FRANKLIN, Mr. SEVIER, and Mr. CHITTENDEN, were appointed the committee.

TENNESSEE LANDS.

Mr. GRUNDY observed, that the great pressure of business of a general nature had heretofore prevented him from calling the attention of the House to a subject in which a large number of his constituents, as well as a portion of the citizens of North Carolina, felt a deep interest; that in the act (commonly called the cession act,) passed by North Carolina, by which that State vested in the United States the western part of that State, which now forms the State of Tennessee-there was a provision, that all the land claims then existing against North Carolina should be satisfied by the General Government. Congress, by accepting the cession, had bound the United States to comply with the condition upon which the cession was made. Although the General Government have already done much towards satisfying those claims, still much remains to be done; and the inquiry I propose to institute (said Mr. G.) is for the purpose of showing the propriety of taking such steps as will procure immediate satisfaction for claims which have already remained too long unsatisfied. It will be proper to observe, that the United States at this time

MARCH, 1812.

hold a tract of country in West Tennessee, to which the Indian title has been extinguished. So far as relates to it, there can be no doubt, but Congress ought to act; and as this will produce an investigation into the amount of unsatisfied claims, when the committee report on this subject, the necessity of extinguishing the Indian title for the purpose of satisfying these claims will be apparent to that department of the Government, within whose province it is to make treaties with the Indian tribes. Mr. G. observed, that the second provision of his resolution would be rendered more material, in case the Indian title to lands in West Tennessee should not be speedily extinguished; and all who had any knowledge of the origin of claims in that part of the country of which he was speaking, would readily admit it. The State of North Carolina, at an early period, authorized her citizens who had held claims of a particular description against that State, to locate lands in that part of the country in satisfaction of those claims. Many entries were made; the witnesses by whom the objects called for in those claims can be proved are but few, and the number rapidly diminishing; besides, even the objects themselves, on which the validity of many titles may depend, may so change in a long course of years, that the witnesses, if alive, may not be able to recognise them I wish Congress to see plainly the true situation in which those claimants are placed, and no doubt can be entertained but that a suitable provision will be made. At pressent the laws of Congress prohibit any citizen from going into that part of the country, or doing any act whatever by which the evidence of ais claim can be preserved. These men are, then, placed in this condition: they have paid North Carolina for the lands-the United States have pledged themselves that they shall be satisfied, and Congress by law have prohibited the claimants from securing those claims. This is certainly deing such injustice to fair purchasers, that I am persuaded this resolution will not only be adopted, but that the objects I have in view will be attained as speedily as the existing circumstances of the country will admit.

The following is the resolution offered by Mr. GRUNDY, which was agreed to:

"Resolved, That the Committee on Public Lands be directed to inquire, what further provisions are necessary to be made for satisfying such claims to lands, within the State of Tennessee, as are recognised by the act of cession from the State of North Carolina to the United States, and are not at this time located, and that they also inquire into the proper steps to be taken for perpetuating the testimony and establishing the claims to lands heretofore located (agreeably to the laws of North Carolina) in that part of the State of Tennessee to which the Indian title is not extinguished, and that they have leave to report by bill or otherwise."

FORTIFICATIONS.

The House took up the Senate's amendment to the bill for the defence of our maritime frontier. [The amendment reduces the appropriation from one million to half a million of dollars.]

Messrs. BLACKLEDGE and POTTER opposed the

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