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FEBRUARY, 1808.

Removal of the Seat of Government.

tion on considering the resolution was taken by yeas and nays, and carried-yeas 60, nays 58, as follows:

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question was taken by yeas and nays. If he had been wrong then, he was not right now; if he had been right then, he was not wrong now. He submitted to the decision of the Speaker, however, and withdrew that part of his motion which went to instruct the committee, with a design to renew it hereafter.

YEAS-Evan Alexander, Lemuel J. Alston, David Bard, Burwell Bassett, William Blackledge, Thomas Blount, Joseph Calhoun, George W. Campbell, John Clopton, Howell Cobb, Richard Cutts, John Davenport, jun., John Dawson, Josiah Deane, Joseph Desha, Mr. GOLDSBOROUGH, although he was decidedJames Elliot, John W. Eppes, Meshack Franklin, Ba-ly opposed to a removal, was willing to commit rent Gardenier, James M. Garnett, Charles Goldsbo- the resolution, in order that it might undergo a rough, Peterson Goodwyn, Isaiah L. Green, William thorough investigation, and receive a full decisHelms, James Holland, David Holmes, Benjamin How-ion. He hoped that gentlemen, thinking as he ard, Walter Jones, Thomas Kenan, William Kirkpatrick, John Lambert, Joseph Lewis, junior, Edward Lloyd, John Love, Matthew Lyon, Robert Marion, William McCreery, John Montgomery, Nicholas R. Moore, John Morrow, Thomas Newton, Wilson C. Nicholas, John Rhea of Tennessee, Jacob Richards, John Rowan, Dennis Smelt, John Smilie, Jedediah K. Smith, Henry Southard, Benjamin Tallmadge, John Taylor, Abram Trigg, Geo. M. Troup, Archibald Van Horne, Killian K. Van Rensselaer, Daniel C. Verplanck, Jesse Wharton, Marmaduke Williams, and Richard Winn.

NAYS-Willis Alston, jun., Ezekiel Bacon, Joseph Barker, William W. Bibb, John Blake junior, Robert Brown, William A. Burwell, William Butler, Epaphroditus Champion, John Chandler, Martin Chittenden, Matthew Clay, George Clinton, junior, Samuel W. Dana, Daniel M. Durell, William Ely, William Findley, James Fisk, Francis Gardner, Edwin Gray, John | Harris, John Heister, William Hoge, Daniel Ilsley, Robert Jenkins, James Kelly, Nehemiah Knight, Nathaniel Macon, Josiah Masters, William Milnor, Daniel Montgomery, junior, Jeremiah Morrow, Jonathan O. Mosely, Gurdon S. Mumford, Thomas Newbold, Timothy Pitkin, jun., John Porter, John Pugh, Josiah Quincy, John Rea of Pennsylvania, Matthias Richards, Samuel Riker, John Russell, Ebenezer Seaver, James Sloan, Samuel Smith, Richard Stanford, William Stedman, Clement Storer, Lewis B. Sturges, Peter Swart, Samuel Taggart, John Thompson, Jabez Upham, James I. Van Allen, Nicholas Van Dyke, Isaac Wil

bour, and James Witherell.

Mr. GARDENIER said, as a determination was pressed, and as in deciding they ought to be possessed of all the information in the power of the House to procure, he should move that the resolution be referred to a select committee, with instructions to inquire into and report how much money has been expended in the City of Washington, and how much may be saved by a removal, and that the Heads of Departments be instructed to afford such information as the committee may call for.

Mr. MONTGOMERY wished to know if the motion were in order?

The SPEAKER Conceived that it was in order to move a commitment, but not in order particularly to instruct the committee to whom it was committed.

Mr. GARDENIER said, there might be an error in the motion, but he was led into it from the indulgence of the House, in a similar motion, which he had made, some time ago, in consideration of the resolution for inquiry into the conduct of General Wilkinson, and on which motion a

did, would agree to refer it; at the same time, he assured the House that he had not an idea that the Secretary of the Treasury, or other departto decide this question. If a motion were not now ment, could give them any information necessary before the House, he would move to refer it to a Committee of the Whole.

Mr. GARDENIER, as he had no preference for any particular committee, withdrew his motion, and moved to commit the resolution to a Committee of the Whole.

Mr. RHEA, of Tennessee, opposed the commitment; in the course of his remarks observing, that it appeared to him as if gentlemen made motions for others to make speeches upon, and withdrew them, as soon, before a question could be taken on them, as though they wished to prolong a tedious discussion.

Mr. NICHOLAS opposed a commitment, as it could have no other effect than to produce further delay on a subject which had already occupied the attention of the House too long.

Mr. SMILIE observed that it was not good policy in any majority to push their advantage too far. Gentlemen must see, by this time, that they had better have stopped when they had forced the minority to retreat; but, not satisfied with that, they determined to go further and triumph over them. Every minority could always perplex a majority, and something in proof of that they now saw. The gentleman who renewed this motion had it yet in his power to withdraw it; if he did not, he could not expect any accommodation on the part of the minority.

Mr. BURWELL, in a speech of some length, opposed a commitment. He regretted that so much warmth had been displayed, that public measures had been suspended, and the body tied down to this subject, without producing any good effect. He went over the ground of removal, of which he did not believe there was any Constitutional prohibition, but there were circumstances attendant on the erection of the place into a seat of Government, which operated as strongly in his mind against a removal, as if the Constitution itself had prohibited it.

Mr. VAN DYKE, in a speech of considerable length, advocated the removal and commitment. When a motion for adjournment was carried.

TUESDAY, February 9.

On motion of Mr. MATTHEW CLAY, that the House do now again resolve itself into a Commit

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Debts due from the United States.

tee of the Whole on the bill more effectually to provide for the national defence by the militia of the United States; and the question being taken thereupon, it passed in the negative.

Mr. NEWTON, from the Committee of Commerce and Manufactures, presented a bill for extending

the terms of credit on revenue bonds in certain

cases, and for other purposes; which was read twice and committed to a Committee of the Whole on Friday next.

A Message was received from the President of the United States communicating information that there is reason to believe, on the affidavit of a Captain Sheffield, of the American schooner Mary Ann, that the Dey of Algiers has commenced war against the United States.-The Message and papers transmitted therewith, were read, and referred to Mr. QUINCY, Mr. FINDLEY, Mr. NICHOLAS, Mr. TAYLOR, Mr. TROUP, Mr. JOHNSON, and Mr. MUMFORD.

The House resolved itself into a Committee of the Whole on the bill supplementary to the act, entitled "An act to prohibit the importation of certain goods, wares, and merchandise." The bill was reported with amendments thereto; which being twice read, the first, second, and third, of the said amendments were agreed to, and the fourth and fifth amendments disagreed to by the House. The said bill was then farther amended; and, together with the amendments agreed to, ordered to be engrossed, and read the third time to-morrow. The House went into a Committee of the Whole, on the bill making additional compensation to the Marshals of the districts of North Carolina and New Jersey.

FEBRUARY, 1808.

patrick, John Lambert, Joseph Lewis, jr., John Love, John Montgomery, John Morrow, Thomas Newbold, Wilson C. Nicholas, John Rhea of Tennessee, John Rowan, Ebenezer Seaver, John Smith, Henry Southard, Abram Trigg, George M. Troup, Archibald Van Horn, Jesse Wharton, and Alexander Wilson.

NAYS-Willis Alston, jr., Ezekiel Bacon, Joseph Barker, William W. Bibb, John Blake, jr., John Boyle, Robert Brown, William A. Burwell, Epaphroditus Champion, Martin Chittenden, Matthew Clay, John Findley, James Fisk, Francis Gardner, Edwin Gray, Davenport, jr., Daniel M. Durell, William Ely, William John Harris, John Heister, William Hoge, Reuben Humphreys, Daniel Ilsley, Thomas Kenan, Nathaniel Macon, Josiah Masters, William Milnor, Daniel Montgomery, jr., Timothy Pitkin, jr., John Pugh, Josiah Quincy, John Rea of Pennsylvania, Jacob Richards, Matthias Richards, John Russell, James Sloan, John Smilie, Jedediah K. Smith, Samuel Smith, Richard Stanford, William Stedman, Lewis B. Sturges, Peter Swart, Samuel Taggart, John Taylor, John Thompson, James I. Van Allen, Nicholas Van Dyke, Killian K. Van Rensselaer, Isaac Wilbour, and Marmaduke Williams.

WEDNESDAY, February 10.

An engrossed bill supplementary to an act for prohibiting the importation of certain goods, wares, and merchandise, was read the third time, and passed.

Mr. DAWSON said, it would be remembered that some days ago there was before the House a bill for raising an additional number of seamen. He had since received a letter on the subject from the Secretary of the Navy, which, as he intended to call up the bill to-morrow, he submitted to the House, as follows:

NAVY DEPARTMENT, Jan. 27, 1808.

SIR: Your letter of yesterday in relation to the number of seamen at present wanted by Government for the President, and I am charged by him to inform you the service of the United States, has been referred to that he does not wish to be empowered to employ more viz. 1,425, of which 925 were authorized by the act of seamen than the number at present authorized by law, Congress, of 21st April, 1806, and 500 by the act of 3d March, 1807. I have the honor to be, &c.,

R. SMITH.

Hon. Mr. DAWSON. DEBTS DUE FROM THE UNITED STATES. The House resolved itself into a Committee of the Whole, 51 to 27, on the bill for extinguishing the debts due from the United States.

After some discussion on the bill, in which Mr. BLACKLEDGE and others forcibly represented the peculiar situation of the Marshal in the State of North Carolina, a question was taken on filling the blank for the addition to the salary of that officer. with five hundred dollars, and negatived yeas 29; four hundred was agreed to-yeas 57. After some observations from Mr. SOUTHARD, relative to the situation of the Marshal of New Jersey, the blank for the addition to his salary was filled with two hundred dollars; when the Committee rose and reported the bill, which, after some objections by Mr. WITHERELL, and reply by Messrs. M. WILLIAMS, MACON, NEWTON, and BLACKLEDGE, was ordered to a third reading. REMOVAL OF THE SEAT OF GOVERNMENT. On a motion of Mr. BLOUNT, that the House do now proceed to a farther consideration of the pro- [The first section of this bill provides, that all posed resolution for a removal of the seat of Gov-persons, or the legal representatives of persons, to ernment of the United States to the city of Phila- whom loan office or final settlement certificates, delphia, which was depending yesterday, at the or indents of interest, have been issued, and all time of adjournment; and the question being, persons in whose favor settlements have been taken thereupon, it passed in the negative-yeas made at the Treasury, or who stand credited on 35, nays 51, as follows: the books of the Treasury, which said certificates, YEAS-David Bard, Burwell Bassett, William Black-credits, and settlements, were issued or made for ledge, Thomas Blount, Joseph Calhoun, George W. Campbell, John Clopton, Joseph Desha, J. W. Eppes, Meshack Franklin, Charles Goldsborough, Peterson Goodwyn, Isaiah L. Green, William Helms, James Holland, David Holmes, Walter Jones, William Kirk

services or supplies, done or furnished prior to the fourth day of March, in the year one thousand seven hundred and eighty-nine, and have not since been funded or paid; and all persons who served in the Armies of the United States, during

FEBRUARY, 1808.

Debts due from the United States.

the late Revolutionary war with Great Britain, and to whom arrearages of pay, clearly appearing on the muster and pay rolls, or other authentic documents now existing in the War office, or in any other Department of Government, may be due, shall be allowed to present their respective claims at the Treasury, and shall receive the amount thereof, without any interest, upon proving by the oath or affirmation of at least one disinterested witness, to the satisfaction of the accounting officers of the Treasury, that he or she so claiming, is the person or legal representative of the person to whom the same was originally due. The second section provides, that claimants for services of any kind rendered, and for supplies of any kind furnished to the United States, prior to the fourth day of March, 1797, which have heretofore been barred, or supposed to have been barred, by any resolutions or any laws of Congress, shall be allowed to present their respective claims to the accounting officers of the Treasury, who are thereby authorized to liquidate and settle the same without interest thereon, provided such claims are duly supported by sufficient vouchers, &c., the claimant making oath, that the said claim, nor any part thereof, has been before paid to any person in any manner whatever. The other five sections contain details.]

The first section of the bill being read

Mr. GOLDSBOROUGH conceiving that persons who had loaned money to the Government, as well as those who had furnished supplies, should be indemnified, moved to insert after the word "furnished" the words "or money loaned."

Mr. TAYLOR, to try the principle of the bill, made a motion to strike out the first section, which he presumed would supersede the motion of the gentleman from Maryland.

Mr. MILNOR, in a speech of fifteen minutes, supported the principle of the bill, contending that it would be unjust and dishonorable for the United States to withhold the payment of those debts which can be well authenticated.

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Representatives of the nation. Accounts are sent forth among the people of millions in the Treasury; much is said of the justice of the nation, and yet fair, just, and acknowledged claims against the Government are disregarded. Who will step forward in future for the defence of the country, while those who fought the battles of the Revolution are unpaid, and in consequent poverty and distress? Mr. R. spoke about half an hour in support of the bill.

Mr. SLOAN did not rise to enter at length into the discussion. He did not pretend to that eloquence which had been displayed by some who had gone before him. This, of all subjects, was most favorable for popular speeches; but a pressing sense of duty compelled him to oppose, decidedly, every bill of this kind. He conjured the new members to examine this subject as fully as he had done. It would show that the passing of such a bill would be the most flagrant act of injustice that was ever perpetrated by any Legislature. A member, in coming on to Congress last year, had an armful of certificates put into his hands, with a promise of one-third of their value, if he would get the statute of limitation opened. Most of the certificates and vouchers are in the hands of speculators, the bane and pest of society. He was satisfied that ninety-nine one-hundredths were in the hands of such men, who were entitled to no remuneration.

The motion to strike out the first section of the bill was further supported by Messrs. RHEA of Tennessee, W. ALSTON, and MACON, and opposed by Messrs. COOKE, HOLLAND, and LovE.

When, on motion of Mr. UPHAM, the Committee rose, reported progress and asked leave to sit again.

THURSDAY, February 11.

The House proceeded to consider a resolution proposed by Mr. BURWELL, on the eighth instant, which lay on the table; and the same being twice read, was agreed to by the House, as follows:

Mr. TAYLOR replied, in a speech of twenty-five minutes, and opposed the bill, chiefly on the groud that, as they could not do complete justice to all who had equitable claims against the Government, it would be improper to do anything. He mentioned the case of those who had sold their indents at 2s. 6d. a pound, and the negroes car-service of the United States. ried off by the British in contravention of the Treaty of 1873. As Mr. Jay's Treaty had relinquished this claim, our Government had incurred an equitable obligation to pay the value of 25,000 negroes, which was £250,000 sterling. If you undertake anything, why do you not satisfy every just claim?

Resolved, That the Committee on the Military and Naval Establishment be instructed to inquire into the expediency of authorizing the President of the United States to procure, as soon as practicable, stand of arms, to be deposited in safe and suitable places for the

Mr. RowAN thought it extraordinary that the Legislature should refuse to satisfy the claims of those by whom our liberty and independence were achieved; that they should refuse to pay debts which were acknowledged to be just. Mr. R. would rather submit to a direct tax than leave the just claims against the Government unsatisfied. It was as well a dictate of policy as of justice. He had been astonished at the conduct of the

On motion of Mr. MONTGOMERY,

Ordered, That the Committee of the Whole to whom was committed, on the thirtieth ultimo, the bill concerning courts martial and courts of inquiry, be discharged from the consideration thereof; and that the said bill be recommitted to Mr. JOHN MONTGOMERY, Mr. NICHOLAS, Mr. UPHAM, Mr. SMILIE, Mr. TAYLOR, Mr. GEORGE W. CAMPBELL and Mr. JEDEDIAH K. SMITH.

On motion of Mr. POINDEXTER,

Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of offering for sale the lands lately ceded to the United States by the Choctaw nation of Indians, in the manner in which the other lands of the United States south of the State of Tennessee are directed

H. of R.

Embargo-United States' Debts.

to be sold; and that they report thereon by bill, or otherwise.

THE EMBARGO.

Mr. NEWTON said it had become necessary to call the attention of the House to the act laying the embargo, the restrictions of which were not yet sufficiently strong; and it was necessary, in order to have effectual laws, that all cases arising under them should be provided for. Those States in the neighborhood of foreign States had taken advantage of the provision excepting vessels of five tons burden from the general restriction. To provide against cases of that description, and some others, he moved the following resolution, in order that the operations of the law should be equalized:

Resolved, That the Committee of Commerce and

Manufactures be instructed to inquire whether any, and, if any, what, further restrictions in addition to those already imposed by the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and by the act supplementary to the last mentioned act, are necessary to prevent the exportation of goods, wares, and merchandise, of foreign or domestic growth or manufacture, to any foreign port or place, and that they have leave to report by bill or

otherwise.

On this resolution a desultory conversation took place between Messrs. WITHERELL, NEWTON, DANA, and FISK, in which, however, no objection was made to the resolution. It was stated that foreign vessels were not by law inhibited from going from port to port in the United States with the products of our country, and may go to Passamaquoddy from any Southern port in the United States, and thence transport their cargoes across the bay by means of boats under five tons burden; and thus foreigners may enjoy the benefit of that traffic from which citizens of the United States are precluded; that the citizens of Vermont and other Northern States also enjoy the benefits of trade by means of these boats across Lake Champlain, Érie, &c., and that the embargo thus operates as a mean of fourfold profit to some, while it denies the common intercourse of commerce to others.

FEBRUARY, 1808.

Mr. DAWSON said, that early in the session the President had invited their attention to the great subject of national defence. Have we, said he, attended to that invitation? No; we have met subjects which relate to our internal affairs. I here day after day, week after week, discussing hope a great majority of the House are prepared to say that we shall get rid of this subject, which has been discussed over and over again, and on which each speech that is made is a repetition of what has gone before, and prepare for events which may arise. I hope the Committee will not

rise.

Mr. NEWTON held the same opinion as the gentleman who had just sat down, but should vote for the rising of the Committee, that the subject might be postponed for a few weeks.

Mr. LYON hoped that the subject would not be postponed, as proposed by the gentleman last up; for, after the discussion which had taken place during these two days, every gentleman was now prepared to vote on the principle.

The Committee then rose-46 to 39; and obtained leave to sit again-yeas 65.

Mr. NEWTON was far from averse to satisfying all just claims on the nation; but, when they viewed the situation of the country, the alarming crisis which now prevailed, gentlemen would think with him, that all the energies of the nation should be exerted to place it in the best possible situation to meet events. Conceiving that it was his duty to attend to this object, he moved to postpone the further consideration of the bill till the first Monday in March.

Mr. Cook said, when he had called up this, he had believed that there was a temporary suspension of urgent public business, and he had never been inclined to push this on to the exclusion of other matter of more importance, nor ever would. He hoped the gentleman would withdraw his motion.

A motion to adjourn was now made and carried—47 to 44.

FRIDAY, February 12.

The House went into a Committee of the Whole, 56 to 33, on the bill making appropriations for carrying into effect certain Indian treaties. The bill being gone through, the Committee rose and reported it, and it was ordered to a third reading on Monday.

On motion of Mr. PARKE,

The resolution was adopted without objection, and Mr. NEWTON, from the Committee of Commerce and Manufactures, reported the bill to amend an act, entitled "An act supplementary to an act, entitled 'An act laying an embargo on all ships and vessels in the ports and harbors of the United States;" which was twice read, and referred to a Committee of the Whole on Saturday. DEBTS DUE FROM THE UNITED STATES. The House again went into a Committee of the Whole on the bill to extinguish the debts due from the United States. The motion to strike out the first section being yet under consideration, Messrs. COOK, UPHAM, JOHNSON, DANA, ROWAN, and MILNOR, opposed the motion, and Ordered, That the petition of sundry inhabitMessrs. RHEA, of Tennessee, and TAYLOR sup-ants of the Illinois and village of Peoria, in the ported it. When

Mr. FISK moved that the Committee rise, and ask leave to sit again.

Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of allowing farther time to the Board of Commissioners of the Kaskaskia district, in the Indiana Territory, to complete the investigation of claims to land in the said district; and that they have leave to report by bill, or otherwise. On motion of Mr. PARKE,

Indiana Territory, presented and ordered to lie on the table, on the twenty-sixth of February last, praying that the respective claims of the petition

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ers to land within the said Territory may be examined and decided upon by the Board of Commissioners established at Kaskaskia, be referred to the Committee on the Public Lands.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act for the relief of Joseph Chase, Jared Gardner, and others;" to which they desire the concurrence of this House.

H. OF R.

House has had no further trouble with it. The claims of these persons, however, have been turned over from session to session, canvassed over and over again; and the House are as well conversant with the merits of the claim as with its advocates. I do not know whether it is customary to admit within its bar the advocates of claims. For my part, I do not know, if such persons were admitted within the bar, that I would keep my seat and listen. It is impossible that this House could be so lost to a sense of its own dignity as to enter into a controversy on its own floor with speculators or their agents. In discussion of this subject among ourselves, our utmost

The said bill was read twice and committed to a Committee of the Whole on Monday next. Mr. BOYLE, from the Committee on the Public Lands, presented a bill authorizing the sale of the lands of the United States, and for other purposes; which was read twice, and committed to a Com-coolness and care will be required to keep us in mittee of the Whole on Tuesday next.

YAZOO CLAIMS.

Mr. BACON presented the following memorial: To the honorable the House of Representatives of the United States of America:

Respectfully represents the undersigned, a citizen of the State of Massachusetts, that he has been duly appointed the agent of the New England Mississippi Company for the purpose of supporting their claims before the Congress of the United States and finally liquidating and adjusting the same, and he most respectfully prays that he may be admitted to a hearing at the bar of the House of Representatives in behalf of said Company, to state their rights and explain their

claims and as in duty bound will ever pray, &c. JOSEPH STORY.

FEBRUARY 10, 1808. Which being read, Mr. BACON offered the following resolution:

Resolved, That the prayer of the petition of Joseph Story, as agent of the New England Mississippi Company, praying that he may be admitted to a hearing at the bar of this House in behalf of the said Company, to state their rights and explain their claims which are now pending before Congress, be granted; and that the House will proceed to hear said agent, accordingly, at this bar, on Monday 22d February instant.

The House agreed to consider the resolution, 45 to 43.

Mr. BACON said, this was not a case which required any abstruse reasoning or deep research for facts. He had taken this resolution from a precedent, which he found recorded, of a similar indulgence granted to the South Carolina Company, who were heard at the bar of the House in support of their claim, by Mr. Moultrie, their agent, in a nearly similar case.

Mr. TROUP hoped the resolution would not be adopted. The precedent adduced was not in point: that was in the case of an application to be heard on the subject of the old Virginia and South Carolina claims. It will be recollected by the House, that the case adduced in precedent was an old, a dormant claim, which had slept long, and the principles of which were almost forgotten by members of the House, and when application was made for hearing, they determined to hear all that could be said, that they might act understandingly on the subject. They did hear, and were satisfied; from that time to this the 10th CoN. 1st SESS.-51

temper with each other; and the admission of a stranger within this bar, for the purpose of irritating, and, perhaps, insulting us, and I beg gentlemen to recollect that the theme is extremely delicate, will not increase the calmness which ought to be observed. What is the object of the present motion? Is it proposed, by admitting a practising attorney on this floor, to enlighten us on a subject of which we are profoundly ignorant? No; with the principle of this claim we are all acquainted. Its object is to give some strength to a claim which has not the smallest foundation in justice, and they know it. They have no more claim on the United States than on you or me. Why, then, do they call upon us? Because the United States has an overflowing Treasury. IfI had it they would make the same claim upon me. They are the cormorants which perch upon the treasuries of all nations; and as long as you have gold and silver, and manifest a disposition to give, they will stick to you. I thought, for my part, that one discussion would have sufficed for them; on the presentation of the original memorial, you listened to it, and submitted it to a Committee of the whole House. I was anxious that all discussion on this subject should have been waived; it might have been, and I had hoped it would. I myself would have submitted my individual feelings to the harmony of the nation, and am sorry that I am now compelled to speak.

Mr. LYON made some remarks to show that the precedent adduced was in point. The object of the claim in precedent and of the present claim was to obtain a share of the land appropriated for extinguishing claims on the United States for lands. Why then, refuse that prayer at this time, which they had granted on a former occasion ?

Mr. BIBB remarked that there had been, in the year ——, a general invitation to all claimants for land, and to these among the others, to attend and support their claim. At that time these claimants refused to attend. If the claimants, then, had not been heard, it was their own fault.

Mr. Love hoped the resolution would not be adopted. He had voted for the reference of the original memorial, as coming from a respectable State; but the claim was perfectly understood by the House without the demonstration of an agent.

Mr. MARION quoted passages from record to show that the case cited in precedent was not ex

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