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Office of State. Copies of these are now transmitted to the House of Representatives, except of a single letter and a reference from the said Andrew Ellicott, which, being expressly desired to be kept secret, is therefore not communicated; but its contents can be obtained from himself in a more legal form; and directions have been given to summon him to appear as a witness before the Court of Inquiry.

A paper on the commerce of Louisiana," bearing date the eighteenth of April, one thousand seven hundred and ninety-eight, is found in the Office of State, supposed to have been communicated by Mr. Daniel Clark, of New Orleans, then a subject of Spain, and now of the House of Representatives of the United States, stating certain commercial transactions of General Wilkinson, in New Orleans; an extract from this is now communicated, because it contains facts which may have some bearing on the questions relating to

him.

The destruction of the War Office by fire, in the close of one thousand eight hundred, involved all information it contained at that date.

The papers already described, therefore, constitute the whole of the information on these subjects, deposited in the public offices, during the preceding Administrations, as far as has yet been found; but it cannot be affirmed that there may be no other, because the papers of the office being filed, for the most part, alphabetically, unless aided by the suggestion of any particular name which may have given such information, nothing short of a careful examination of the papers in the offices generally, could authorize such an

affirmation.

About a twelvemonth after I came to the adminis

tration of the Government, Mr. Clark gave some verbal information to myself, as well as to the Secretary of State, relating to the same combinations for the dismemberment of the Union. He was listened to freely; and he then delivered the letter of Governor Gayoso, addressed to himself, of which a copy is now communicated. After his return to New Orleans, he forwarded to the Secretary of State other papers, with a request that, after perusal, they should be burnt. This however was not done; and he was so informed by the Secretary of State, and that they would be held subject to his orders. These papers have not yet been found in the office. A letter therefore has been addressed to the former Chief Clerk, who may, perhaps, give information respecting them. As far as our memories enable us to say, they related only to the combinations before spoken of, and not at all to the corrupt receipt of money by any officer of the United States; consequently they respected what was considered as a dead matter, known to the preceding Administrations, and offering nothing new to call for investigations, which those nearest the dates of the transactions had not thought

proper to institute.

In the course of the communications made to me on the subject of the conspiracy of Aaron Burr, I sometimes received letters, some of them anonymous, some under names true or false, expressing suspicions and insinuations against General Wilkinson. But only one of them, and that anonymous, specified any particuler fact, and that fact was one of those which had been already communicated to a former Administration.

No other information within the purview of the request of the House, is known to have been received by any Department of the Government, from the establishment of the present Federal Government. That

JANUARY, 1808.

which has been recently communicated to the House
of Representatives, and by them to me, is the first direct
testimony, ever made known to me, charging General
Wilkinson with the corrupt receipt of money; and the
House of Representatives may be assured that the du-
ties which this information devolves on me, shall be
exercised with rigorous impartiality. Should any want
of power in the court to compel the rendering of testi-
mony obstruct that full and impartial inquiry, which
alone can establish guilt or innocence and satisfy jus-
tice, the Legislative authority only will be competent
tt he remedy.
TH. JEFFERSON.

JANUARY 20, 1808.

The said Message, together with sundry documents accompanying the same, were read, and referred to Mr. JOHN MONTGOMERY, Mr. NICHOLAS, Mr. UPHAM, Mr. SMILIE, Mr. TAYLOR, Mr. G. W. CAMPBELL, and Mr. JEDEDIAH K. SMITH, with instructions to report thereon by bill, or otherwise. THE MILITIA.

The House again went into Committee of the Whole on the Militia bill, and the amendment moved by Mr. CLAY being under consideration,

Mr. Chandler made some observations tending to show that this was a bill of much importance, and expressed a wish that the term during which the militia should be liable to service were further extended. As he had not had time to consider the bill maturely, he moved that the Commit

tee rise.

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Mr. VARNUM (Speaker) hoped the Committee would rise and be refused leave to sit again on this bill. He believed that the situation of the United States at present, would by no means admit of the classing of the militia; this was not the proper time, if it was ever necessary. It had been said that the classing of the militia had been recommended by the several Presidents of the United States. This might be true; if it were however, he had not observed that to be the case. He could see no kind of advantage to be derived from the proposed modification of the militia system. Were not the militia equal to every service that could be required of them, under the existing laws? Certainly they were. If particular States had failed to carry into effect the part assigned to them by the Constitution of the United States if there were any States which had neglected that duty, would any other plan induce them to attend to it? He should suppose not. It was a fact that where the State Governments had taken up the subject of the organization and discipline of the militia, and carried it into effect as far as in their power, those States had a respectable militia, who considered themselves a band of brothers, from the age of eighteen to forty-five, and from their habits of discipline under the present system and officers, would consider it an invidious distinction to take men at particular ages from the mass-so much

JANUARY, 1808.

Classification of the Militia.

H. OF R.

so, that they would not have such an efficient would go into service with alacrity, and would militia, to which they looked as the best part of consider it a hardship to see their younger brethren the physical strength of the nation, as if the sys- called into a State which did not happen to join tem were suffered to remain as it now stands. their own, while they could not march to assist ;' He knew that it was said, that the militia were for this bill provides that men between twenty-six inefficient in some parts of the United States. and forty-five shall go no further than in their own What was there wanting? That subordination or an adjoining State. If an enemy were to land which existed in other parts, and nothing more. in Connecticut, the brave militia of New HampIt has been said, that in the course of the Rev-shire and Vermont are not to assist in repelling olutionary war, the militia in some instances them because they do not join on it. You are to abandoned their posts. This might have been the call on your young men to be cut up, while, if all case in some instances; but he was well assured the militia were to march, the enemy could be rethat the credit due to the militia of that part of pelled at once. You had better compel every man the country had not been given to them. We who is able to bears arms to take part in the deknow, said Mr. V., of some of the hardest battles fence of his country when invaded in his neighof the Revolutionary war, in which the militia borhood. were the principal actors. But were this not the case, how can we select any particular part of the militia and exempt from service the remainder? Is it expected that young men will be better able to perform military duty than those who have been in the service, who have experienced the advantages of liberty, and who have families and property to defend? I should suppose such men likely to render more service than young men who have not formed their minds.

ably to the act of 1792, and the militia are now ready to take the field; we should soon acquire subordination; and when that is riveted in our breasts we shall do well. For these reasons I hope the Committee will rise and lay this subject to sleep for the present.

I know it was felt as a hardship in the course of the Revolutionary war, that every man capable of bearing arms, was obliged to take part, scarcely a man being left to till the ground; but it was allessential to the safety of the country. Have you increased to such a degree of population that you can now leave at home three-fourths of your actual, force? Surely this would be ruinous in the attempt. This is a system which has been many times before the House of Representatives, and has But there is a radical difficulty in this system. always been found by the wisdom of the nation to The bill provides that none shall be called into be an improper one to adopt. I do hope in this general service, except from the age of twenty-one critical juncture, because there are some persons to twenty-six. The constitutions of some of the who do not choose to submit to subordination, States provide that the captains and subaltern that we shall not go into a disorganization of the officers, in each company, shall be chosen by the militia altogether. I am ready to say, that if this whole company, from the age of twenty-one to system does take place, that our militia will be forty-five. Is it to be supposed that they would disorganized, since the States have acts now in be voluntarily so scrupulous as to choose men be-existence for the organization of the militia agreetween the ages of twenty-one and twenty-six ? The officers would generally be over the age of twenty-six. In that case how can we get along? Gentlemen may suppose that it is a very easy thing for the State Governments to alter their systems in compliance with the requisition of the General Government. It is a thing which some of the States will not undertake to do. The militia at the present time in some parts of the United States, are well organized and disciplined, and display a spirit of emulation which does them honor. In the State which I have the honor to represent, there are seventy thousand militia. These men are all armed; no man is suffered to go into the field without arms; they are subject to a fine of eight dollars for every time they appear without arms; and, if not always provided, are subject to a fine of ten dollars per annum. This severe regulation produces universal arming; very few troops, take them from what part of the world you will, are better disciplined than our companies of artillery, every man of which is completely uniformed at his own expense, and every company of artillery is supplied with brass field pieces by the State. The militia have one hundred and fifty brass field pieces ready to take the field whenever called for, which could be on the march to any point of attack in twelve hours notice. They are also supplied with a competent portion of cannon, and are all provided with uniform at their own expense. Under officers of their own choice, they

Messrs. CLAY, LYON, NELSON, WITHERELL, and TAYLOR, Supported the principle of classification of the militia. When the Committee rose and obtained leave to sit again-59 to 24.

THURSDAY, January 21.

Mr. KEY offered the following resolution:

Resolved, That a standing committee be appointed to be called a Committee of the District of Columbia, to consist of members. It shall be the duty of this committee to take into consideration all petitions and memorials relating to the affairs of the District of Co lumbia, and to report from time to time, by bill or

otherwise..

Mr. K. said, he would take the liberty of sug gesting the reasons of this motion. The District of Columbia was governed by the laws of Mary land on the east, and by the laws of Virginia on the west of the Potomac, which existed at the time of cession to the United States. The various modifications made in the State laws since that period, had no operation in the territory which they had ceded. It was desired that the laws should be rendered uniform and equal in their

H. OF R.

General Wilkinson-Encouragement to Manufactures.

operation throughout the territory. The object of the resolution was to simplify the business relating to the District. It would be recollected that Congress alone could legislate on this subject; the great measures of national concern had prior claim on the attention of the House; for this reason he had moved the appointment of a general

committee.

JANUARY, 1808.

Jesse Wharton, Robert Whitehill, Isaac Wilbour, and

James Witherell.

ENCOURAGEMENT TO MANUFACTURES.

Mr. NEWTON, from the Committee of Commerce and Manufactures, to whom was referred the petition of Paul and Joseph W. Revere, of Boston, in the State of Massachusetts, made the following

The resolution was ordered to lie on the table report: for one day.

GENERAL WILKINSON.

On a motion made by Mr. ROWAN, that the House do come to the following resolution: Resolved, That a special committee be appointed to inquire into the conduct of Brigadier General Wilkinson, in relation to his having, at any time, whilst in the service of the United States, either as a civil or military officer, been a pensioner of the Government of Spain, or relative to his having been an accomplice, or in any way concerned, during the time aforesaid, in a foreign or domestic project to dismember these United States; and that the said committee have power to send for such persons and papers as may be necessary to assist their inquiries; and that they report the result to this House, that the Congress may be thereby better enabled to legislate upon the subjects of our foreign relations; the increase and maintenance of the Army of the United States, and other subjects promotive of the common weal:

The question was stated from the Chair, that the House do now proceed to take the said proposed resolution into consideration, and passed in the negative-yeas 46, nays 59, as follows:

YEAS-Lemuel J. Alston, Willis Alston, jr., William W. Bibb, John Campbell, Epaphroditus Champion, Martin Chittenden, Samuel W. Dana, John Davenport, jr., Joseph Desha, William Ely, Francis Gardner, Jas. M. Garnett, Charles Goldsborough, Edwin Gray, John Harris, William Hoge, Benjamin Howard, Richard M. Johnson, Philip B. Key, William Kirkpatrick, Joseph Lewis, jr., Nathaniel Macon, Josiah Masters, Daniel Montgomery, jr., Thomas Moore, Jonathan O. Mosely, Timothy Pitkin, jr., Josiah Quincy, John Randolph, John Rowan, Samuel Smith, Richard Stanford, William Stedman, Lewis B. Sturges, Peter Swart, Samuel Taggart, Benjamin Tallmadge, Jabez Upham, James I.Van Allen, Nicholas Van Dyke, Archibald Van Horne, Killian K. Van Rensselaer, Daniel C. Verplanck, Marmaduke Williams, Alexander Wilson, and Richard Winn.

NAYS-Ezekiel Bacon, David Bard, Joseph Barker, Burwell Bassett, Robert Brown, William Butler, Joseph Calhoun, Peter Carlton, John Chandler, Matthew Clay, Orchard Cook, Richard Cutts, John Dawson, Josiah Deane, Daniel M. Durell, John W. Eppes, James Fisk, Meshack Franklin, Isaiah L. Green, John Heister, James Holland, David Holmes, Reuben Humphreys, Daniel Ilsley, Robert Jenkins, John Lambert, John Love, Robert Marion, William McCreery, William Milnor, John Montgomery, Nicholas R. Moore, Jeremiah Morrow, John Morrow, Gurdon S. Mumford, Roger Nelson, Thomas Newbold, Thomas Newton, Wilson C. Nicholas, John Porter, John Pugh, John Rhea of Tennessee, Jacob Richards, Matthias Richards, Samuel Riker, Ebenezer Seaver, James Sloan, Dennis Smelt, John Smilie, Jedediah K. Smith, John Smith, Henry Southard, Clement Storer, John Taylor, John Thompson,

The petitioners state that they have, by great application, acquired the knowledge of melting and refining copper ores, and of manufacturing copper into sheets, bolts, nails, &c., for fastening ships; and that they have, at a great expense, erected furnaces, mills, and other works, for manufacturing the above articles. To encourage them, they solicit that a duty of 17 per centum ad valorem may be imposed on copper in sheets, as they have no doubt that they can supply the whole quantity at present imported into the United States. They likewise solicit that old copper may, in future, be imported free from duty.

The committee, with a view to possess themselves of information on the subject submitted to their consideration, have delayed to make a report thereon to the present time.

While they are directed by inclination and a sense of duty to foster and encourage such manufactures as promise utility to the public, they are conscious of the difficulty of affording to each a just portion of encouragement.

The petitioners have two objects in view. The first 173 per centum on the importation of copper in sheets, is, to procure the imposition of an ad valorem duty of which is now free from duty; the second is, that old copper, which ought to be considered a raw material, should not be subject to the payment of a duty on importation. To induce the National Legislature to impose the aforementioned duty on copper in sheets, the petitioners state that they have, at considerable expense, erected works which will enable them to supply copper in sheets, commensurate to the demand of the United States. Should this assertion on the part of the petitioners influence Congress to accede to their proposition, and the quantity of copper in sheets furnished by them prove to be insufficient for the demand, the coppersmiths and braziers (a respectable class of manufacturers) would sustain injuries that would require time and a correct course of procedure to repair. The coppersmiths and braziers are satisfied with the encouragement given to them, by the protecting duties on foreign manufactures of copper, and with the privilege they possess by law of importing copper in sheets, &c., free from duty, which enables them not only to supply all copper utensils necessary for the use and consumption of the United States, but likewise to export to foreign markets a considerable quantity of their manufactures. The salutary operation of the laws in support of those manufacturers is evident. A competition is established among them, and their manufactures, at a moderate price, are to be had on demand.

This state of prosperity may receive a check by an incautious modification of the laws which have produced it. Subjects of this kind should never be approached with a rash and innovating hand, lest the ease and comforts of the citizens should be diminished, to prove the efficacy of experiments as yet of doubtful issue. The coppersmiths and braziers of New York and Philadelphia, in their memorials presented to the House of Representatives, and referred to the committee, assert with

JANUARY, 1808.

Maryland Contested Election.

confidence that a supply of copper in sheets, equal to the demands they have for that article, cannot be furnished by the petitioners.

H. of R.

"The committee observe that, by an act of the State of Maryland, passed the 25th of January, 1806, residence is not prescribed as a qualification of candidates for Congress, except for the fifth district: and that by the said act to reduce into one the several acts of As

tions, it is enacted that all laws, clauses, and sections of laws, repugnant to, or inconsistent with the provisions of this act, be, and the same are hereby, repealed. From which it appears that the law of Maryland, relied on by the petitioners against the seat of Mr. Key, is not now in force.

"From the above statement of facts, the committee are induced to submit the following resolution, and lay the memorial on the table:

"Resolved, That Philip B. Key, having the greatest number of votes, and being qualified agreeably to the Constitution of the United States, is entitled to his seat in this House."

and agreed to by Mr. Key:
The following facts were relied on by the petitioners,

An assertion made with so much confidence, by men whose constant occupations afford the certain means of forming a correct judgment, is deserving of serious atten-sembly respecting elections, and to regulate said election; and were it not supported by information drawn from other sources, should prevent the doing of any act that might put to hazard the flourishing state of manufactures which have supplanted foreign articles of the same kind. The committee have had no satisfactory evidence offered to them that copper in sheets, in quantity sufficient for the use and consumption of the United States, can be supplied by the petitioners, or that the quality of the same is equal to that which is imported. It becomes the duty of the committee, in order to ascertain whether Legislative interference can at this time be justified by existing circumstances, not only to weigh the facts furnished them, but also to guard sed. ulously against mischiefs that have too often their origin in hasty Legislative acts, which, not unfrequently, in attempting to give encouragement to manufacturing establishments, fasten on the community oppressive mo- inhabitant of the District of Columbia, at a country "1st. That, in the year 1801, Mr. Key became an nopolies. The committee being aware that a manu-seat belonging to him about two miles from Georgetown, factory, single and without competition, is apt, by hav-in an airy, healthy situation, commanding an extensive ing the command of the market, to make an improper use of it, are solicitous to keep the sources of supply as open and as free as possible. In refusing to recommend the imposition of a duty on copper manufactured into sheets, equal to that which is imposed on copper manufactures, the committee are gratified in recollecting that the petitioners receive no inconsiderable encouragement in making copper bolts, spikes, and nails, from the protecting duties payable on those articles when imported. The committee are of opinion that advantages will accrue, not only to the petitioners, but likewise to the community, by permitting the importation of old copper free from duty.

They therefore recommend the adoption of the following resolutions:

Resolved, That so much of the petition as prays for the imposition of 17 per centum ad valorem as a duty on copper manufactured into sheets is unreasonable, and ought not to be granted.

Resolved, That so much of the petition as prays that old copper may be considered as a raw material, and that the importation thereof into the United States may be free from duty, is reasonable, and ought to be granted. The report was adopted; and it was ordered that a bill or bills be brought in, pursuant to the second resolution, and that the Committee of Manufactures do prepare and bring in the same.

MARYLAND CONTESTED ELECTION.

The House resolved itself into a Committee of the Whole on the report of the Committee of Elections, of the eleventh ultimo, to whom were referred petitions of sundry qualified electors of Montgomery and Frederick counties, in the State of Maryland, relative to the election of Philip B. Key, the member returned to serve in this House for the third Congressional District in the said State, The report is as follows:

"The following statement, agreed upon by the counsel of the petitioners, who pray that the seat of Philip B. Key may be vacated, and by Mr. Key himself, was amicably submitted to the Committee of Elections, and the committee submit the same to the House as part of their report.

prospect.

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2d. That the country seat abovementioned is expensively built upon and improved, and in every respect furnished with accommodations for the permanent residence of a gentleman, in a style of great convenience.

"3d. That some time in the month of November, 1805, Mr. Key purchased about 1,000 acres of land in Montgomery county, about fourteen miles from Georgetown, and about twelve from his seat in the District of Columbia. At the time of purchasing that land there was no dwelling-house nor enclosure upon it, except a few tenements occupied by tenants, the greater part of the land being waste old fields.

"4th. That some time in the Summer of 1806 Mr.

Key did cause a dwelling-house to be erected on his family on the 18th of September 1806, from his seat in Montgomery lands, into which he removed with his the District of Columbia, where till then he had all along resided from the time of his first settling in said

district, in the year 1801.

"5th. That, on the 20th of October, 1806, Mr. Key returned with his family to his seat in the District of Columbia, where he remained till about the the 28th of July, 1807, when they again removed to his estate in Montgomery, where they remained until the 22d of October last, when they again returned to his seat in the District of Columbia, where they still remain.

"6th. That the dwelling-house on the Montgomery tion to Mr. Key and family in Winter, but is esteemed estate is not completed to afford a comfortable habitafit only for a Summer residence; and that it is, in respect to buildings, improvements, and accommodations, much inferior to his seat in the District of Columbia.

"7th. That, on both occasions abovementioned, when Mr. Key removed with his family from his seat in the District of Columbia to his estate in Montgomery, he left the former ready furnished, in its usual style, carrying but few articles, such as beds, linen, plate, &c. from one place to another, having supplied his house in Montgomery with other furniture purchased for that purpose.

"8th. That the election, at which Mr. Key was chosen, and returned, was held on the 6th day of October, 1806. "Admitted:

PHILIP B. KEY."

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The facts thus found by the committee, and admitted by Mr. Key, were still further explained by the latter, in a written statement furnished by him, and made a part of the record.

Facts on the part of Mr. Key, to show that he was a bona fide resident of Maryland, and of the district for which he was chosen, which facts are admitted by the counsel for the petitioners, and are as follows: 1st. That Mr. Key is a native of Maryland; that he was a citizen and resident of that State at the adoption of the present Constitution of the United States, and never was a citizen or resident of any other of the United States; that, since that time, he has served several years as a Delegate to the General Assembly of Maryland; that, in 1787, he qualified as counsel in the superior courts of Maryland, and ever since hath, and still doth continue to practise law in said courts; that, in 1801, he removed from Maryland to his house near Georgetown, (about two miles from said town, and about two miles from Montgomery county,) where he has continued to reside till 1806.

JANUARY, 1808.

6th. That before the said house was completely furnished, to wit: on the 18th September, 1806, Mr. Key removed, with his wife, children, and domestics, to said house, and did actually live in and inhabit the said house from said 18th of September, 1806, to the 20th of October, 1806, including the 6th day of October, on which the election was held; that, on the 20th of Ochouse in the Territory of Columbia. In July last, Mr. tober, Mr. Key, with his family, removed back to his Key removed himself, family, and domestics, to his house in Montgomery, which he lived in, and inhabited until, on the 23d of October last, he returned to his house in the Territory of Columbia, to attend his duties in Congress.

7th. That no political rights are acquired or attached to a residence in the county of Washington, in the Territory of Columbia. A person so situated has no right of suffrage, can neither elect, nor be elected. Explanatims of Mr. Key on certain points requested by counsel for the petitioners, which are also admitted as facts.

2d. That Montgomery county and part of Frede- 1st. Mr. Key, in explanation, says he has declined rick compose the third Congressional district, for which practice in Washington county, District of Columbia, Mr. Key is elected; that the ancestors of Mr. and Mrs. entirely. He does not suffer his name to appear to Key held considerable real estates in said district, and new business. In two or three important cases he has some of the nearest relations of Mr. and Mrs. Key re-engaged to appear as counsel, and argue the cases side in, and hold large landed estates in said district, when prepared for trial. in each of the counties composing the same; that Mr. Key has, for several years last past, practised, and still does practise, law in the only court held in said district, and, from that circumstance, his serving in the Legislature, his living at Annapolis, the seat of Government, and an extensive practice for twenty years in the Supreme Court of Maryland, he has been for many years personally known to and by a great proportion of the voters of the district.

3d. That, in November, 1805, Mr. Key bought, and soon after had conveyed to him, one thousand acres of land in Montgomery county, part of his district, which land was part of an estate that had, for many years, been leased out by Mrs. Key's ancestors, and was much wasted, and out of repair.

2d. Mr. Key has not practised in any county court of Maryland for many years, except in Montgomery, where he continues his full practice. On the destruction of the General Court, he has followed some interesting cases, in which he had been there employed, to the counties where they had been sent.

3d. Mr. Key's house in Montgomery was not plastered or painted when he first moved into it. The workmen did not finish it by six weeks so soon as they contracted to do, or he would have been in it six weeks sooner; the plastering would have been too damp, and fresh paint too unwholesome for his family and children; therefore, he removed into it unplastered and unpainted, from necessity, and the delay of the workmen. It is now plastered and painted.

P. B. KEY.

4th. That, some time before this purchase, Mr. Key had declined the practice of the law in the Territory of The committee further report that petitions signed Columbia, but still continued his practice in Montgomery; that, in January, 1806, he declared his inten- by more than four hundred voters of Montgomery tion to be a resident; that, in March, 1806, at Mont- county, represent that Mr. Key had bought real estate gomery county court, he declared his intention to be a thereon, built a commodious dwelling-house, and lived in said county, had made considerable improvements resident; that, in March, 1806, at Montgomery county therein with his family and servants, before, at, and court, Mr. Key often and publicly declared, and also to the people, when he often addressed them, that he had after said election; and that he was an inhabitant of bought said land, with intention to become a resident the State of Maryland when elected a Representative of the county; that he intended to build a dwelling-clared before that time his intention of becoming an to Congress, and had often uniformly and publicly dehouse on said land; that he would move his family there as soon as it was built, and that he would make it his Summer residence; and at the same time, that is, at March court, 1806, in Montgomery, he refused to stand as a candidate for Congress when solicited by his warm and influential friends.

5th. That, Mr. Key has made considerable and expensive improvements on said land; that he has, in 1806, built thereon for his Summer residence, a dwelling-house, by no means such a one as could be intended for a tenant, or overseer, but every way comfortable for a Summer residence; that said house has all necessary offices and accommodations for household servants, and is kept ready furnished with necessary plain household furniture, tea and table service, and kitchen utensils, &c.

inhabitant and resident of said county and State.

Mr. RHEA moved to strike out of the resolution contained in the report, the following words: "having the greatest number of votes, and being qualified agreeably to the Constitution of the United States;" which was agreed to.

A motion was then made to concur in the resolution as amended; whereupon, the following debate ensued:

Mr. WITHERELL said he had heard it reported from a source which was entitled to credit, that Mr. KEY, the sitting member, either now was, or had been, a British pensioner: this knowledge would bias his vote on the present question. He

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