examination of the land lists did not go beyond the challenges, will they yet say that the comparison reported is sufficent to destroy every presumption in favor of the return, and any expectation that it can be supported?

NOVEMBER, 1811.

shall have the merits fully before us and will be able to do complete justice. We ought to reflect, also, that the candidates are not the only persons interested in this controversy; the electors of the district are also parties, and it is due to them that no testimony should be shut out. A decision after a fair hearing on full testimony ought to satisfy them, and I dare say will; but, sir, what will be the feelings of the electors who supported the sitting member and of his friends, when he returns shorn of his honors, and tells them that you have cast him from you because some of them could not be found on the land list, notwithstandlowed him for the purpose, that they were legal voters; that in your great anxiety to have the district rightfully represented, you would not listen to his entreaties to grant him a short time to procure his testimony, under the most solemn pledges that delay was not his object, and that if he had been guilty of negligence, it was owing to want of information? We must not believe that the electors will be satisfied, or that they will think of our proceedings but with disgust. Rely upon it, sir, the warmth of feeling which caused so great a poll in this district has not yet subsided, and the cool reasoning and nice distinctions which have been used in this discussion will not satisfy the freeholder, who is in the full and quiet occupation of his plantation, that he has no right to vote; because he is not on the land list, or that it was just to take away his right of suffrage without allowing him an opportunity to produce his title to you.

As to the question whether the sitting member has been guilty of such negligence as ought in justice to deprive him of the right of defence, I shall make but few remarks-I say the right of defence, because it is obvious that if time is not granted to procure testimony, the member is bound hand and foot and must be thrown out of his place and here I may observe, that gentlemen go entirely out of the case when they reasoning he offered to prove, if a few weeks were alon a delay which is to last until the end of the present session of this Congress. The committee has reported a reasonable time, and the time deemed reasonable by them and by the persons claiming it, is six weeks. It must also be recollected that this business was brought before the committee at an early day in the session, and that the time which has been taken up in the examination and bringing the case before the House, is to be laid wholly at the door of the petitioner. In saying this, I do not wish to be understood as casting any imputation on the petitioner, be certainly had a right to present the case to the committee and to the House in his own way, but it ought to be known that the time already consumed is not to be carried to the account of the sitting member: he at an early period asked for time, and if it had not been objected to by the petitioner, the examinations would now have nearly been ended.

A strong case ought surely to be made out before we bring ourselves to decide that the door shall be closed against the admission of material evidence which may be produced in so short a time. The controversy, sir, is not about a few cents in litigation before a country justice, but relates to the elective franchise and is conducted before the most august body in the nation, I mention this because gentlemen have reasoned as if we were trying an action in a court of law and were to be regulated by the rules of default: these analogies are worse than wrong-their tendency is to mislead. If any right has value in this country, and ought to be held dear by the people, it is the right of suffrage: it is on the due exercise of this right, that, under Providence, our Government depends. When this right is held in light estimation by the governors or governed our liberties are in danger. When therefore this House is passing upon a case in which the elective frauchise is brought in question, it should proceed with great caution and less zeal for a speedy decision than a just one.

The consequences which may flow in this case from a determination not to grant time, ought to lead us to hesitate. If we proceed to judge from the comparison which has been made of the rolls with the land lists, and to set aside the return without giving the sitting member a chance to produce his evidence, we may, and probably will do wrong; whereas, if we give him time and do not decide until the case is matured and the parties have an opportunity to collect their proof, we

Now, sir, on what is this charge of gross negligence founded, which is to put an end to all further inquiry? We find, by looking at the paper, that on the 7th of May, a few days after the election, the petitioner gave notice to the sitting member that he intended to contest the return, and served him with a list of the voters to whom he objected; not because they were not on the land lists, but because they were not freeholders, or were minors or black men. A few days after the sitting member furnished the petitioner with his list of objectionable voters. The petitioner after this remained inactive until the 27th of September, when he gave notice of his intention to take testimony in October. It was not pretended, that if the sitting member was justified in lying still until he received the notice in September, that he has then had sufficient time: but it is alleged that he was bound to proceed on the notice of May, without any further evidence of the intention of the petitioner.

Whatever might have been the effect of the notice in May, in case the petitioner had in it placed his case in whole or in part on the land lists, I think that in justice and sound sense, the notice authorized by no law, and in its very terms looking to the testimony to be taken, ought not to be regarded as such a step as to put the sitting member to collecting his proof at all hazards and without delay. The member had the record of the canvass and the return, and until he found that the petitioner was about to invalidate them by

A. Harper, Jacob Hufty, John M. Hyneman, Richard M.
Johnson, Joseph Kent, William R. King, Abner Lacock,
Peter Little, William Lowndes, Aaron Lyle, Geo. C.
Maxwell, Thomas Moore, Alexander McKim, Sam'l L.
Mitchill, James Morgan, Hugh Nelson, Anthony New,
Thomas Newton, Stephen Ormsby, William Piper,
Benjamin Pond, Samuel Ringgold, John Rhea, John
Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer
Seaver, Samuel Shaw, George Smith, Silas Stow, Wil-
liam Strong, Uri Tracy, Charles Turner, jun., Pierre
Van Cortlandt, jun., Robert Whitehill, William Wid-
gery, Richard Winn, and Robert Wright.

A motion was then made by Mr. GHOLSON, that
the House do come to the following resolutions:
1. Resolved, That John P. Hungerford is not

entitled to a seat in this House.

2. Resolved, That John Taliaferro is entitled to a seat in this House.

The question on the first resolution was determined in the affirmative-yeas 67, nays 29, as follows:

DECEMBER, 1811.

ander McKim, Samuel L. Mitchill, James Morgan, Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, Benjamin Pond, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, George Smith, Richard Stanford, Silas Stow, William Strong, Charles Turner, jr., Pierre Van Cortlandt, jr., Robert Whitehill, William Widgery, Richard Winn, and Robert Wright. NAYS-William W. Bibb, Elijah Brigham, John Clopton, Bolling Hall, Aylett Hawes, Lyman Law, Robert Le Roy Livingston, Nathaniel Macon, Jonathan O. Moseley, James Pleasants, jr., John Randolph, William Reed, Henry M. Ridgely, Adam Seybert, Philip Stuart, Laban Wheaton, Leonard White, David R.

Williams, and Thomas Wilson.

MONDAY, December 2,

titled to a seat in this House, as one of the memJOHN TALIAFERRO, who has been declared enbers for Virginia, in the place of John P. Hungerford, who has been declared not entitled to a seat in this House, appeared, was qualified, and took his seat.

habitants of the City of Washington, praying that Mr. Lewis presented a petition of sundry incertain amendments therein mentioned, may be made to the act incorporating the City of Washington. Referred.

YEAS-Willis Alston, jun., William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, David Bard, Josiah Bartlett, Burwell Bassett, William Blackledge, Thomas Blount, Adam Boyd, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Lewis Condit, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Jacob Hufty, John M. Hyneman, Rich'd M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, William Lowndes, Aaron Lyle, George C. Maxwell, Thomas Moore, Alexander McKim, Samuel L. Mitchill, James Morgan, Hugh Nelson, Anthony New, Thos. Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, Benjamin Pond, Samuel Ring-day next. gold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, George Smith, Richard Stanford, Silas Stow, William Strong, Charles Turner, jr., Pierre Van Cortlandt, jr., Robert Whitehill, William Widgery, Richard Winn, and Robert Wright.

NAYS-William W. Bibb, Abijah Bigelow, Elijah Brigham, John Clopton, John Davenport, jr., William Ely, James Emott, Asa Fitch, Bolling Hall, Aylett Hawes, Lyman Law, Robert Le Roy Livingston, Nathaniel Macon, Jonathan O. Moseley, Timothy Pitkin, junior, James Pleasants, junior, Elisha R. Potter, Josiah Quincy, John Randolph, William Reed, Henry M. Ridgely, Adam Seybert, Philip Stuart, Lewis B. Sturges, Benjamin Tallmadge, Laban Wheaton, Leonard White, David R. Williams, and Thomas Wilson.

The question on the second resolution was determined in the affirmative-yeas 66, nays 19, as follows:

Mr. NEWTON, from the Committee of Commerce and Manufactures, to whom were referred the petitions of Isaac Clason and Archibald McCall, presented a bill authorizing the issuing of debentures in certain cases; which was read twice, and committed to a Committee of the Whole on Fri

Mr. LACOCK presented a petition of sundry members of several Christian denominations, residing in the western parts of the United States, praying that post offices may not be opened, and that the mails may not be carried, on Sundays.

The SPEAKER laid before the House sundry resolutions adopted at a meeting of a number of inhabitants of Gloucester county, in the State of New Jersey, expressive of their disapprobation of the conduct of the Government of Great Britain, of their confidence in, and attachment to, the present Administration of the General Government, and of their support of such measures as may be adopted for the defence of the honor and interests of the United States.

The resolutions were read and ordered to lie on the table.

Mr. GOLD, from the committee to whom was recommitted the bill for the more convenient tak

ing in the courts of the United States, reported an amendment thereto; which was read, and, together with the bill committed to a Committee of the Whole on Wednesday next.

YEAS-Willis Alston, jun., William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, Daviding of affidavits and bail, in civil causes dependBard, Burwell Bassett, William Blackledge, Thomas Blount, Adam Boyd, Robert Brown, William A. Burwell, Wm, Butler, John C. Calhoun, Langdon Cheves, Lewis Condit, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, Wm. Lowndes, Aaron Lyle, George C. Maxwell, Thomas Moore, Alex

Mr. BASSETT, from the committee appointed to prepare and report such standing rules and orders as are proper to be observed in this House, made a report; which was read and committed to a Committee of the Whole on Friday next.

Mr. MORROW, from the Committee on the Pub

DECEMBER. 1811.

Territory of Louisiana.

H. of R.

lic Lands, to whom was committed, the amend-ry." The bill was reported without amendment, ment of the Senate to the bill "extending the time read the third time and passed. for opening the several land offices established in the Territory of Orleans," reported the agreement of the committee to the said amendment.

The amendment was then read, and concurred in by the House.

The bill from the Senate," making a further appropriation for the support of a library," was read twice, and committed to a Committee of the Whole to-morrow.

The House resolved itseif into a Committee of the Whole on the bill allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory; which was gone through, reported to the House, and ordered to be engrossed for a third reading.

The House went into a Committee of the Whole, on the bill for the relief of Thomas and John Clifford of Philadelphia, and Charles Wirgman of Baltimore.

The Committee, after some discussion on the bill, rose, reported progress, and asked leave to sit again, which was refused; and on motion of Mr. D. R. WILLIAMS, the bill was recommitted to the Committee of Commerce and Manufacturés.

The House resolved itself into a Committee of the Whole on the bill for the relief of John Burnham. No amendment being made, the bill was ordered to be engrossed, and read the third time

to-morrow.

TERRITORY OF LOUISIANA.

The House again resolved itself into a Committee of the Whole, on the bill providing for the government of the Territory of Louisiana. The motion to strike out so much of the sixth section of the bill providing for the government of the Territory of Louisiana, as relates to the qualification of elections, being under consideration

Mr. RHEA said, the observations which he was about to make would be chiefly confined to the objections made to the provisions contained in the sixth section of the bill, relating to the quali fications of those who may vote at elections for members of the General Assembly. That section has been opposed, as if the qualifications of an elector were confined to freehold only; but the qualification of freehold is not the only one, as will appear by reference to that part of the secThe House again went into Committee of the tion which is moved to be struck out; it is in the Whole, on the bill to authorize the laying out a following words: "Every free white man of the public road from the line established by the Treatyage of twenty-one years, being an inhabitant of of Greenville, to the North Bend of the Ohio; which was reported to the House, by whom it was ordered to be engrossed for a third reading.

TUESDAY, December 3.

Mr. DAWSON, from the committee appointed on the nineteenth ultimo, presented a bill for the relief of the infirm, disabled, and superannuated officers and soldiers of the late and of the present Army of the United States; which was read twice, and committed to a Committee of the Whole on Monday next..

On motion of Mr. RANDOLPH, the committee appointed to inquire into the faithful application of public moneys, were authorized and empowered to send for persons and papers.

On motion of Mr. NEWTON, the Committee of Commerce and Manufactures were instructed to inquire whether any, and, if any, what, altera tions and amendments are necessary to be made in the several acts of Congress establishing ports of entry and delivery.

the Territory, and possessing a freehold in the county, and every free white man of the age of twenty-one years, being an inhabitant of any county therein, one year preceding the day of election, shall be entitled to vote in that county, for a representative or representatives to the General Assembly."

The section declares two modes of qualification, one is a freehold (or estate in fee) in the county, and the other is, the being an inhabitant in the county for one year next preceding the day of election. If, pursuant to a motion that has been made, the word freehold be struck out of the section, the privilege of voting will be restrained, for in that case, a man by being vested with a fee will not be entitled to vote, and his exclusion cannot be bottomed on any rational principle. If a citizen of the United States will move to the Territory of Louisiana, and there purchase land, and settle thereon, and become vested with the complete title thereof, be the quantity what it may, there is no good reason to exclude him from voting at an election, immediately after he has obtained a title for his land; by his purchasing land, settling thereon, and acquiring a title thereto, he has given the strongest evidence in his power of his determination to be an inhabThe House resolved itself into a Committee of itant of that country, and of his attachment therethe Whole on the bill from the Senate," to auto; an evidence far superior to that which arises thorize the surveying and making of certain roads from the payment of a tax only; for a man who in the State of Ohio, as contemplated by the is only a transitory resident, by being there at Treaty of Brownstown, in the Territory of Michi-the time, may pay, or be compelled to pay a tax gan." The bill was reported without amendment, and ordered to a third reading to-morrow.

An engrossed bill allowing a further time for completing the payments on certain lands, held by right of pre-emption, in the Mississippi Territory," was read the third time, and passed.

The House resolved itself into a Committee of the Whole on the bill from the Senate, "making a further appropriation for the support of a libra

merely personal, his name having been reported on a tax list, and after the tax is paid, and a vote by him rendered, may immediately go off for some other country. The Territory of Louisiana being on the frontier, remote and exposed, a resi

dence of one year in any county therein, next preceding the day of election, may not be too long to privilege a man, not possessed of land in fee, to vote at elections; that period of time is not more than sufficient to manifest an attachment to the country. It will also follow, as a matter of course, that if a man has been an inhabitant of a county for one year preceding the day of an election, he will have paid a tax, if there be a law in that Territory providing for payment of a personal tax; and if there be no such law, the qualification arising from payment of a tax only will operate strangely at the first election, if not at any other subsequent. The qualifications of electors, provided for in the bill, will guard against impositions, and such intrusion will be more easily detected; this will appear more necessary, when it is considered, that this bill is in the nature of a compact between the United States and the people of Louisiana.

DECEMBER, 1811.

is in possession and exercise of every right and privilege declared by the Constitution and laws of the States of which he is an inhabitant, and the Constitution and laws of the United States, to be his. If time would permit, it might be inquired, whether a citizen of a State removing to a Territory of the United States under the first grade of government, and becoming an inhabiitant thereof, will remain vested with all the rights and privileges of a citizen of the United States? But this is only noted for consideration. It may be observed, that a right to vote for a representative in a General Assembly, and to be represented in a General Assembly, are attributes of a citizen, and at present no free white male inhabitant in Louisiana is vested with these attributes, for the people of Louisiana have not heretofore been represented in a General Assembly, and the object of the bill is to give certain rights and privileges, which they have not at any time heretofore been in the possession and exercise of. If the definition given of the term "citizen" be correct, and it is presumed to be so, it is evident that all the free white male inhabitants of that Territory are not embraced by that term "citizen," and it will follow, that if the proposed amendment be agreed to, a large portion, if not all, of the free white male inhabitants, will, by force of the term "citizen," be excluded from voting for members of the General Assembly, and in that event the offered amendment, be it agreed to, will defeat the very object of the bill, for then there may be no General Assembly..

But a motion has been made to strike out all that part of the sixth section which defines the qualifications of electors, and to insert in place thereof, the following: "Every free white male citizen residing in the said Territory, who shall have attained to the age of twenty-one years, and paid a tax." If this proposed amendment be agreed to, the elective franchise provided for in the bill, will be strangely restrained; for that arising from a freehold only will be excluded, as also that arising from being an inhabitant for one year preceding the day of election, and the only one will be that arising from being a citizen and payment of tax. That the proposed amendBut that portion of the people of that Territory ment is indefinite and uncertain will further ap- who were inhabitants thereof on the 20th day of pear, by inquiring who are they who, being in- December, in the year one thousand eight hunhabitants of the Territory of Louisiana, are dred and three, are not included in the definition entitled to be named citizens? And who are given of the term "citizen;" for they are not they, who, being citizens and having paid tax, citizens of any State, and, consequently, not of shall be entitled to vote at elections? I do not the United States; they, therefore, may, by force undertake, said Mr. R., to answer these ques- of that term "citizen," be excluded from voting tions. By the offered amendment, it seems an for representatives in a General Assembly, Taelector must be a citizen and have paid tax. king this into view, the committee who reported That is, an elector is a citizen who has paid tax. the bill made particular provision in the ninth secIt may not be useless to inquire whether all the tion thereof, for that portion of the people of free male white inhabitants of the age of twenty- Louisiana, and also for citizens of the United one years,in the Territory of Louisiana, are em- States, who, since the said 20th day of December, braced by the word citizen. In respect to the have emigrated, or who hereafter may emigrate, term or word citizen, it is amply provided for in to that Territory. Let the offered amendment be the ninth section, which is in the words following: rejected, and let the provisions of the sixth and "And be it further enacted, That all and every free ninth sections of the bill remain as they are, and white male person, who, on the 20th day of December, right to vote, and then no doubt or difficulty will their joint operation on all persons claiming a in the year one thousand eight hundred and three, was an inhabitant of the Territory of Louisiana, and all be made relative to the qualifications of electors; free white male citizens of the United States, who, he who is invested with a fee in land, if contestsince the said twentieth day of December, in the yeared, will produce his title deeds; and he who one thousand eight hundred and three, emigrated, or who hereafter may emigrate to the said Territory, being otherwise qualified according to the provisions of this act, shall be capable to hold any office of honor, trust, or profit, in the said Territory, under the United States, or under said Territory, and to vote for members of the General Assembly, and a delegate to Congress, during the temporary government provided for by this act.'

By the term citizen is understood, a man who

claims a right to vote, by being an inhabitant of the county one year next preceding the day of election, will, if disputed, show that he has so been an inhabitant; and if there be in either case a failure, the offered vote will be rejected.

It has been observed that, if the offered amendment be not agreed to," a person may vote in two different counties at one election." This will not follow from the relative totals used in the sixth section; the words "the" and "that" are used in