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H. OF R. tion on considering the resolution was taken by question was taken by yeas and nays. If he had yeas and nays, and carried-yeas 60, nays 58, as been wrong, then, he was not right now; if he follows:
had been right then, he was not wrong now. He YEAs—Evan_Alexander, Lemuel J. Alston, David submitted to the decision of the Speaker, howBard, Burwell Bassett, William Blackledge, Thomas ever, and withdrew that part of his motion which Blount, Joseph Calhoun, George W. Campbell, John went to instruct the committee, with a design to Clopton, Howell Cobb, Richard Cutts, John Daven- renew it hereafter. port, 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 Kirkpat did, would agree to refer it; at the same time, he rick, John Lambert, Joseph Lewis, junior, Edward assured the House that he had not an idea that Lloyd, John Love, Matthew Lyon, Robert Marion, the Secretary of the Treasury, or other departMoore, John Morrow, Thomas Newton, Wilson C. I ment, could give them any information necessary Nicholas, John Rhea of Tennessee, Jacob Richards, before the House, he would move to refer it to a
to decide this question. If a motion were not now John Rowan, Dennis Smelt, John Smilie, Jedediah K. Smith, Henry Southard, Benjamin Tallmadge, John Committee of the Whole. Taylor, Abram Trigg, Geo. M. Troup, Archibald Van
Mr. GARDENIER, as he had no preference for Horne, Killian K. Van Rensselaer, Daniel C. Ver- any particular committee, withdrew his motion, planck, Jesse Wharton, Marmaduke Williams, and and moved to commit the resolution to a ComRichard Winn.
mittee of the Whole. Nays-Willis Alston, jun., Ezekiel Bacon, Joseph
Mr. Rasa, of Tennessee, opposed the commitBarker, William W. Bibb, John Blake junior, Robert ment; in the course of his remarks observing, Brown, William A. Burwell, William Butler, Epaph- that it appeared to him as if gentlemen made moroditus Champion, John Chandler, Martin Chittenden, tions for others to make speeches upon, and Matthew Clay, George Clinton, junior, Samuel W. withdrew them, as soon, before a question could Dana, Daniel M. Durell
, William Ely, William Find be taken on them, as though they wished to pro, ley, James Fisk, Francis Gardner, Edwin Gray, John long a tedious discussion. Harris, John Heister, William Hoge, Daniel Ilsley, Mr. Nicholas opposed a commitment, as it Robert Jenkins, James Kelly, Nehemiah Knight, Na- cuuld have no other effect than to produce furthaniel Macon, Josiah Masters, William Milnor, Dan-ther delay on a subject which had already occuiel Montgomery, junior, Jeremiah Morrow, Jonathan pied the attention of the House too long. 0. Mosely, Gurdon S. Mumford, Thomas Newbold, Mr. Smilie observed that it was not good poliTimothy Pitkin, jun., John Porter, John Pugh, Josiah cy in any majority to push their advantage too Quincy, John Rea of Pennsylvania, Matthias Richards, fár. Gentlemen must see, by this time, that they Samuel Riker, John Russell, Ebenezer Seaver, James had better have stopped when they had forced the Sloan, Samuel Smith, Richard Stanford, William Sted minority to retreat ; but, pot satisfied with that, man, Clement Storer, Lewis B. Sturges, Peter Swart
, they determined to go further and triumph over Samuel Taggart, John Thompson, Jabez Upham, them. Every minority could always perplex a James I. Van Allen, Nicholas Van Dyke, Isaac Wilbour, and James Witherell.
majority, and something in proof of that they now
saw. The gentleman who renewed this motion ..Mr. GARDENIER said, as a determination was had it yet in his power to withdraw it; if he did pressed, and as in deciding they ought to be pos- not, he could not expect any accommodation on sessed of all the information in the power of the the part of the minority. House to procure, he should move that the reso- Mr. Burwell, in a speech of some length, oplution be referred to a select committee, with in- posed a commitment. He regretted that so much structions to inquire into and report how much warmth had been displayed, that public measures money has been expended in the City of Wash-had been suspended, and the body tied down to ington, and how much may be saved by a rer 10- this subject, without producing any good effect. val, and that the Heads of Departments be in- He went over the ground of removal, of which structed to afford such information as the commit- he did not believe there was any Constitutional tee may call for.
prohibition, but there were circumstances attendMr. MONTGOMERY wished to know if the mo- ant on the erection of the place into a seat of tion were in order ?
Government, which operated as strongly in his The SPEAKER conceived tbat it was in order to mind against a removal, as if the Constitution itmove a commitment, but not in order particularly self had prohibited it. to instruct the committee to whom it was com- Mr. Van Dyke, in a speech of considerable mitted.
length, advocated ihe removal and commitment. Mr. GARDENIER said, there might be an error When a motion for adjournment was carried. 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
Tuesday, February 9. the resolution for inquiry into the conduct of On motion of Mr. Matthew Clay, that the General Wilkinson, and on which motion a House do now again resolve itself into a Commit
H. of R.
FEBRUARY, 1808. tee of the Whole on the bill more effectually to patrick, John Lambert, Joseph Lewis, jr., John Love, provide for the national defence by the militia of John Montgomery, John Morrow, Thomas Newbold, the United States; and the question being taken Wilson C. Nicholas, John Rhea of Tennessee, John thereupon, it passed in the negative.
Rowan, Ebenezer Seaver, John Smith, Henry SouthMr. Newton, from the Committee of Commerce ard, Abram Trigg, George M. Troup, Archibald Van and Manufactures, presented a bill for extending Horn, Jesse Wharton, and Alexander Wilson. the terms of credit on revenue bonds in certain
Nárs-Willis Alston, jr., Ezekiel Bacon, Joseph cases, and for other purposes ; which was read Barker, William W. Bibb, John Blake, jr., John Boyle, twice and committed to a Committee of the Whole Robert Brown, William A. Burwell, Epaphroditus
Champion, Martin Chittenden, Matthew Clay, John on Friday next. A Message was received from the President of Findley, James Fisk, Francis Gardner, Edwin Gray,
Davenport, jr., Daniel M. Durell, William Ely, William the United States communicating information John Harris, John Heister, William Hoge, Reuben that there is reason to believe, on the affidavit of Humphreys, Daniel Ilsley, Thomas Kenan, Nathaniel a Captain Sheffield, of the American schooner Macon, Josiah Masters, William Milnor, Daniel MontMary Ann, that the Dey of Algiers has commenced gomery, jr., Timothy Pitkin, jr., John Pugh, Josiah war against the United States.-The Message and Quincy, John Rea of Pennsylvania, Jacob Richards, papers transmitted therewith, were read, and refer- Matthias Richards, John Russell, James Sloan, John red to Mr. Quincy, Mr. FINDLEY, Mr. Nicholas, Smilie, Jedediah K. Smith, Samuel Smith, Richard Mr. Taylor, Mr. Troup, Mr. Johnson, and Mr. Stanford, William Stedman, Lewis B. Sturges, Peter MUMFORD.
Swart, Samuel Taggart, John Taylor, John Thompson, The House resolved itself into a Committee of James I. Van Allen, Nicholas Van Dyke, Killian K. the Whole on the bill supplementary to the act, Van Rensselaer, Isaac Wilbour, and Marmaduke Wil
liams. entitled "An act to prohibit the importation of certain goods, wares, and merchandise.” The bill was reported with amendments thereto; which
WEDNESDAY, February 10. being iwice read, the first, second, and third, of
An engrossed bill supplementary to an act for the said amendments were agreed to, and the fourth prohibiting the importation of certain goods, and fifth amendments disagreed to by the House. wares, and merchandise, was read the third time,
and passed. gether with the amendments agreed to, ordered be engrossed, and read the third time to-morrow. some days ago there was before the House a bill
The House went into a Committee of the for raising an additional numter of seamen. He Whole, on the bill making additional compensa- had since received a letter on the subject from the tion to the Marshals of the districts of North Car- Secretary of the Navy, which, as he intended to olina and New Jersey. After some discussion on the bill, in which Mr. House, as follows:
call up the bill to-morrow, he submitted to the BLACKLEDGE and others forcibly represented the
Navr DEPARTMENT, Jan. 27, 1808. peculiar situation of the Marshal in the State of North Carolina, a question was taken on filling
Sir : Your letter of yesterday in relation to the numthe blank for the addition to the salary of that ber of seamen at present wanted by Government for officer. with five hundred dollars, and negatived, the service of the United States, has been referred to
the President, and I am charged by him to inforın you yeas 29; four hundred was agreed to-yeas 57. After some observations from Mr. SOUTHARD, seamen than the number at present authorized by law,
that he does not wish to be empowered to employ more relative to the situation of the Marshal of New viz. 1,425, of which 925 were authorized by the act of Jersey, the blank for the addition to his salary was Congress, of 21st April, 1806, and 500 by the act of 3d filled with two hundred dollars ; when the Coun- March, 1807. I have the honor to be, &c., mittee rose and reported the bill, which, after
R. SMITH. some objections by Mr. WITHERELL, and reply Hon. Mr. Dawson. by Messrs. M. Williams, Macon, Newton, and BLACKLEDGE, was ordered to a third reading.
DEBTS DUE FROM THE UNITED STATES.
The House resolved itself into a Committee of REMOVAL OF THE SEAT OF GOVERNMENT. the Whole, 51 to 27, on the bill for extinguishing
On a motion of Mr. Blount, that the House do the debis due from the United States. now proceed to a farther consideration of the pro- the the first seceron 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. services or supplies, done or furnished prior to Campbell
, John Clopton, Joseph Desha, J. W. Éppes, the fourth day of March, in the year one thousand Meshack Franklin, Charles Goldsborough, Peterson seven hundred and eighty-nine, and have not Goodwyn, Isaiah L. Green, William Helms, James since been funded or paid; and all persons who Holland, David Holmes, Walter Jones, William Kirke served in the Armies of the United States, during
H. OF R. the late Revolutionary war with Great Britain, Representatives of the nation. Accounts are sent and to whom arrearages of pay, clearly appearing forth among the people of millions in the Treason the muster and pay rolls, or other authentic doc- ury; much is said of the justice of the nation, uments now existing in the War office, or in any and yet fair, just, and acknowledged claims other Department of Government, may be due, against the Government are disregarded. Who shall be allowed to present their respective claims will step forward in future for the defence of the at the Treasury, and shall receive the amount country, while those who fought the battles of the thereof, without any interest, upon proving by the Revolution are un paid, and in consequent poverty oath or affirmation of at least one disinterested and distress? Mr. R. spoke about half an hour wiwess, to the satisfaction of the accounting offi- in support of the bill. cers of the Treasury, that he or she so claiming, Mr. Sloan did not rise to enter at length into is the person or legal representative of the person the discussion. He did not pretend to that eloto whom the same was originally due. The sec- quence which had been displayed by some who ond section provides, that claimants for services bad gone before him. This, of all subjects, was of any kind rendered, and for supplies of any kind most favorable for popular speeches; bắt a pressfurnished to the United States, prior to the fourth ing sense of duty compelled him to oppose, deday of March, 1797, which have heretofore been cidedly, every bill of this kind. He conjured the barred, or supposed to have been barred, by any new members to examine this subject as fully as resolutions or any laws of Congress, shall be allow- he had done. It would show that the passing of ed to present their respective claims to the account such a bill would be the most flagrant act of ining officers of the Treasury, who are thereby au- justice that was ever perpetrated by any Legislatborized to liquidate and settle the same without iure. A member, in coming on to Congress last interest thereon, provided such claims are duly year, had an armful of certificates put into his supported by sufficient vouchers, &c., the claim-hands, with a promise of one-third of their value, ant making oath, that the said claim, nor any if he would get the statute of limitation opened. part tbereof, has been before paid to any person. Most of the certificates and vouchers are in the in any manner whatever. The other five sections hands of speculators, the bane and pest of society. contain details.]
He was satisfied that ninety-nine one-hundredths The first section of the bill being read
were in the hands of such men, who were entitled Mr. GOLDSBOROUGH conceiving that persons to no remuneration. who had loaned money to the Government, as
The motion to strike out the first section of the well as those who had furnished supplies, should bill was further supported by Messrs. Rhea of be indemnified, moved to insert after the word Tennessee, W. Alston, and Macon, and opposed “ furnished" the words “or money loaned." by Messrs. Cooke, HOLLAND, and Love.
Mr. Taylor, to try the principle of the bill, When, on motion of Mr. Upham, the Commitmade a motion to strike out the first section, which tee rose, reported progress and asked leave to sit he presumed would supersede the motion of the again. gentleman from Maryland.
Mr. Milnor, in a speech of fifteen minutes, supported the principle of the bill, contending that
THURSDAY, February 11. it would be unjust and dishonorable for the Unit- The House proceeded to consider a resolution ed States to withhold the payment of those debts proposed by Mr. BURWELL, on the eighth instant, which can be well authenticated.
which lay on the table; and the same being twice Mr. Taylor replied, in a speech of twenty-five read, was agreed to by the House, as follows: minutes, and opposed the bill, chiefly on the groud Resolved, That the Committee on the Military and that, as they could not do complete justice to all Naval Establishment be instructed to inquire into the who had equitable claims against the Govern- expediency of authorizing the President of the United ment, it would be improper to do anything. He states to procure, as soon as practicable, stand of mentioned the case of those who had sold their arms, to be deposited in safe and suitable places for the indents at 23. 6d. a pound, and the negroes car- service of the United States. ried off by the British in contravention of the On motion of Mr. MONTGOMERY, Treaty of 1873. As Mr. Jay's Treaty had relin- Ordered, That the Committee of the whole quished this claim, our Government had incur- to whom was committed, or the thirtieth ultimo, red an equitable obligation to pay the value of the bill concerning courts martial and courts of 25,000 negroes, which was £250,000 sterling. If inquiry, be discharged from the consideration you undertake anything, why do you not satisfy thereof; and that the said bill be recommitted to every just claim?
Mr. John MONTGOMERY, Mr. Nicholas, Mr. Mr. Rowan thought it extraordinary that the Upham, Mr. Smilie, Mr.' Taylor, Mr. GEORGE Legislature should refuse to satisfy the claims of W. CAMPBELL and Mr. Jedadiah K. Smith. those by whom our liberty and independence were On motion of Mr. POINDEXTER, achieved ; that they should refuse to pay debts Resolved, That the Committee on Public Lands which were acknowledged to be just. Mr. R. be instructed to inquire into the expediency of ofwould rather submit to a direct tax ihan leave the fering for sale the lands lately ceded to the United just claims against the Government unsatisfied. States by the Choctaw pation of Indians, in the It was as well a dictate of policy as of justice. manner in which the other lands of the United He had been astonished at the conduct of the 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 Mr. Dawson said, that early in the session the otherwise.
President bad invited their attention to the great THE EMBARGO.
subject of national defence. Have we, said be, call the attention of the House to the act laying subjects which relate to our internal affairs. ]
Mr. Newton said it had become necessary to attended to that invitation ? No; we have met the embargo, the restrictions of which were not yet sufficiently strong; and it was necessary, in hope a great majority of the House are prepared order to have effectual laws, that all cases arising
to say that we shall get rid of this subject, which under them should be provided for. Those States has been discussed over and over again, and on in the neighborhood of foreign States had taken which each speech that is made is a repetition of advantage of the provision excepting vessels of what has gone before, and prepare for events five tons burden from the general restriction. To which may arise. I hope the Committee will not provide against cases of that description, and Mr. Newton held the same opinion as the genin order that the operations of the law should be tleman who had just sat down, but should vote for equalized :
the rising of the Committee, that the subject
might be postponed for a few weeks. Resolved, That the Committee of Commerce and Manufactures be instructed to inquire whether any, postponed, as proposed by the gentleman last up;
Mr. Lyon hoped that the subject would not be and, if any, what, further restrictions in addition to for, after the discussion which had taken place all ships and vessels in the ports and harbors of the during these two days, every gentleman was now United States, and by the act supplementary to the last prepared to vote on the principle. mentioned act, are necessary to prevent the exporta
The Committee then rose-46 to 39; and obtion of goods, wares, and merchandise, of foreign or do- tained leave to sit again-yeas 65. mestic growth or manufacture, to any foreign port or
Mr. Newton was far from averse to satisfying place, and that they have leave to report by bill or all just claims on the nation; but, when they otherwise.
viewed the situation of the country, the alarming On this resolution a desultory conversation took crisis which now prevailed, gentlemen would place between Messrs. WITHERELL, Newton, think with him, that all the energies of the naDana, and Fisk, in which, however, no objection tion should be exerted to place it in the best poswas made to the resolution. It was stated that sible situation to meet events. Conceiving ihat foreign vessels were not by law inhibited from it was his duty to attend to this object, he moved going from port to port in the United States with to postpone the further consideration of the bill the products of our country, and may go to Pas- till the first Monday in March. samaquoddy from any Southern port in the Unit- Mr. Cook said, when he had called up this, he ed States, and thence transport their cargoes had believed that there was a temporary suspenacross the bay by means of boats under five ions sion of urgent public business, and he had never burden ; and thus foreigners may enjoy the ben-been inclined to push this on to the exclusion of efit of that traffic from which citizens
of the Unit- other matter of more importance, nor ever would. ed States are precluded ; that the citizens of Ver- He hoped the gentleman would withdraw bis mont and other Northern States also enjoy the motion. benefits of trade by means of these boats across A motion to adjourn was now made and carLake Champlain, Érie, &c., and that the embargo ried—47 to 44. thus operates as a mean of fourfold profit to some, while it denies the common intercourse of commerce to others.
Friday, February 12. The resolution was adopted without objection,
The House went into a Committee of the and Mr. Newton, from the Committee of Com- Whole, 56 to 33, on the bill making appropriations merce and Manufactures, reported the bill 10 for carrying into effect certain Indian treaties. amend an act, entitled “An aci supplementary to The bill being gone through, the Committee rose an act, entitled 'An act laying an embargo on all and reported it, and it was ordered to a third readships and vessels in the ports and harbors of the ing on Monday. United States;" which was twice read, and re
On motion of Mr. PARKE, ferred to a Committee of the Whole on Saturday. Resolved, That the Committee on the Public
Lands be instructed to inquire into the expediency DEBTS DUE FROM THE UNITED STATES. of allowing farther time to the Board of Commis
The House again went into a Committee of sioners of ihe Kaskaskia district, in the Indiana the Whole on the bill to extinguish the debts due Territory, to complete the investigation of claims from the United States. The motion to strike to land in the said district; and that they have out the first section being yet under considera- leave to report by bill, or otherwise. tion, Messrs. Cook, UPHAM, Johnson, DANA, On motion
of Mr. PARKE, 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
Indiana Territory, presented and ordered to lie Mr. Fisk moved that the Committee rise, and on the table, on the twenty-sixth of February last, ask leave to sit again.
praying that the respective claims of the petition
H. OF R.
ers to land within the said Territory may be ex- House has had no further trouble with it. The amined and decided upon by the Board of Com- claims of these persons, however, have been missioners established at Kaskaskia, be referred to turned over from session to session, canvassed the Committee on the Public Lands.
over and over again; and the House are as A message from the Senate informed the House well conversant with the merits of the claim as that the Senate have passed a bill, entitled "Ap with its advocates. I do not know whether it is act for the relief of Joseph Chase, Jared Gardner, customary to admit within its bar the advocates and others;" to which they desire the concurrence of claims. For my part, I do not know, if such of this House.
persons were admitted within the bar, that I would The said bill was read twice and committed to keep my seat and listen. It is impossible that a Committee of the Whole on Monday next. this House could be so lost to a sense of its own
Mr. Boyle, from the Committee on the Public dignity as to enter into a controversy on its own Lands, presented a bill authorizing the sale of the floor with speculators or their agents. In discuslands of the United States, and for other purposes; sion of this subject among ourselves, our utmost 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.
temper with each other; and the admission of a
stranger within this bar, for the purpose of irriYAZOO CLAIMS.
tating, and, perhaps, insulting us, and I beg genMr. Bacon presented the following memorial: tlemen to recollect that the theme is extremely To the honorable the House of Representatives of the delicate, will not increase the calmness which United States of America:
ought to be observed. What is the object of the Respectfully represents the undersigned, a citizen present motion ? Is it proposed, by admitting a of the State of Massachusetts, that he has been duly practising attorney on this floor, to enlighten us appointed the agent of the New England, Mississippi on a subject of which we are profoundly ignorant? Company for the purpose of supporting their claims be- No; with the principle of this claim we are all fore the Congress of the United States and finally acquainted. Its object is to give some strength to liquidating and adjusting the same, and he most re
a claim which has not the smallest foundation in spectfully prays that he may be admitted to a hearing at the bar of the House of Representatives in behalf of justice, and they know it. They have no more said Company, to state their rights and explain their claim on the United States than on you or me. claims-and as in duty bound will ever pray, &c.
Why, then, do they call upon us? Because the JOSEPH STORY.
United States has an overflowing Treasury. IfI FEBRUARY 10, 1808.
had it they would make the same claim upon me.
They are the cormorants which perch upon the Which being read, Mr. Bacon offered the fol- treasuries of all nations; and as long as you have lowiog resolution:
gold and silver, and manifest a disposition to give, Resolved, That the prayer of the petition of Joseph they will stick to you. I thought, for my part, Story, as agent of the New England Mississippi Com- that one discussion would have sufficed for them; pany, praying that he may be admitted to a hearing at on the presentation of the original memorial, you the bar of this House in behalf of the said Company, to listened to it, and submitted it to a Committee of state their rights and explain their claims which are the whole House. I was anxious that all discusnow pending before Congress, be granted; and that the sion on this subject should have been waived; it House will proceed to hear said agent, accordingly, at might have been, and I had hoped it would. I this bar, on Monday 220 February instant.
myself would have submitted my individual feelThe House agreed to consider the resolution, ings to the harmony of the nation, and am sorry 45 to 43.
that I am now compelled to speak. Mr. Bacon said, this was not a case which re- Mr. Lyon made some remarks to show that the quired any abstruse reasoning or deep research precedent adduced was in point. The object of for facts. He had taken this resolution from a ihe claim in precedent and of the present claim precedent, which he found recorded, of a similar was to obtain a share of the land appropriated for indulgence granted to the South Carolina Com- extinguishing claims on the United States for pany, who were heard at the bar of the House in lands. Why then, refuse that prayer at this support of their claim, by Mr. Moultrie, their time, which they had granted on a former occaagent, in a nearly similar case.
sion ? Mr. TROUP hoped the resolution would not be Mr. BiBB remarked that there had been, in the adopted. The precedent adduced was not in year - a general invitation to all claimants for point: that was in the case of an application to land, and to these among the others, to attend and be heard on the subject of the old Virginia and support their claim. At that time these claimants South Carolina claims. It will be recollected by refused to attend. If the claimants, then, had not the House, that the case adduced in precedent been heard, it was their own fault. was an old, a dormant claim, which had slept Mr. Love hoped the resolution would not be long, and the principles of which were almost for- adopted. He had voted for the reference of the gotten by members of the House, and when ap- original memorial, as coming from a respectable plication was made for hearing, they determined State ; but the claim was perfectly understood by io hear all that could be said, that they might act the House without the demonstration of an agent. understandingly on the subject. They did hear, Mr. Marion quoted passages from record to and were satisfied; from that time to this the show that the case cited in precedent was not ex
10th Con. Ist Sess.-51