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MARCH, 1808.

Additional Army.

H. OF R.

Mr. VAN HORN laid upon the table the following resolution, which had been rendered necessary, in his view, from the debate which had taken place on the contract bill:

son Goodwyn, Isaiah L. Green, John Heister, William
Helms, William Hoge, James Holland, David Holmes,
Benjamin Howard, Reuben Humphreys, Daniel Ilsley,
John G. Jackson, Robert Jenkins, Richard M. John-
son, Walter Jones, Thomas Kenan, Philip B. Key,
Resolved, by the Senate and House of Representa-
William Kirkpatrick, Nehemiah Knight, John Lam-
bert, Joseph Lewis, jr., Edward Lloyd, John Love, tives of the United States of America, in Congress as-
Nathaniel Macon, Robert Marion, Josiah Masters, That the following amendment to the Constitution of
sembled, two-thirds of both Houses concurring therein,
William McCreery, Daniel Montgomery, jr., John
Montgomery, Nicholas R. Moore, Jeremiah Morrow, the United States be proposed to the Legislatures of
John Morrow, Gurdon S. Mumford, Roger Nelson, the several States; which, when ratified by the Legis-
Thomas Newbold, Thomas Newton, Wilson C. Nich-latures of three-fourths of the said States, shall be valid
olas, John Pugh, John Rea of Pennsylvania, John to all intents and purposes as part of the said Consti-
Rhea of Tennessee, Jacob Richards, Matthias Richards,
Samuel Riker, Lemuel Sawyer, Ebenezer Seaver, Jas.
No person shall be eligible as Senator or Represent-
Sloan, Dennis Smelt, John Šmilie, Jedediah K. Smith, ative in Congress who shall hold any office under, or
Samuel Smith, John Smith, Henry Southard, Richard be bound by any contract entered into with, the Gov-
Stanford, Clement Storer, Peter Swart, John Taylor, officer or agent thereof, at the time the election shall
ernment of the United States, or any department or
John Thompson, Abram Trigg, George M. Troup,
James I. Van Allen, Archibald Van Horn, Daniel take place. Nor shall any Senator or Representative
C. Verplanck, Jesse Wharton, Robert Whitehill, Isaac in Congress, if he shall qualify as such, hold any civil
Wilbour, David R. Williams, Marmaduke Williams, office or appointment under the Government of the Uni-
Alexander Wilson, Rich. Winn, and James Witherell.ted States, or make any contract with any department
NAYS-Epaphroditus Champion, Martin Chitten- or officer thereof, during the time for which he shall be

den, John Culpepper, Samuel W. Dana, John Davenport, junior, James Elliot, William Ely, Barent Gar denier, Charles Goldsborough, John Harris, Edward St. Loe Livermore, Matthew Lyon, Timothy Pitkin, jr., Josiah Quincy, John Rowan, William Stedman, Lewis B. Sturges, Samuel Taggart, Jabez Upham, Nicholas Van Dyke and Killian K. Van Rensselaer.

TUESDAY, March 1.

Mr. VAN RENSSELAER, from the committee appointed on the twenty-third ultimo, presented a bill to continue in force "An act to extend jurisdiction, in certain cases, to State Judges and State Courts," which was read twice and committed to a Committee of the whole House to-morrow.

Mr. DAWSON, from the committee appointed on so much of the Message from the President of the United States, of the twenty-seventh of October last, as relates to the Military and Naval Establishments, presented a bill authorizing the sale of public arms; which was read twice and committed to a Committee of the Whole to-morrow.

Mr. TALLMADGE, from the committee appointed on the twenty-fifth of January last, presented a bill authorizing a detachment from the militia of the United States; which was read twice and committed to a Committee of the whole House to

morrow.

The SPEAKER laid before the House a letter from the Secretary of State, transmitting an abstract of the number of seamen registered in the several collection districts of the United States, for the years one thousand eight hundred and six, and one thousand eight hundred and seven, in pursuance of a resolution of this House of the ninth of January last; which was read, and referred to the Committee of the Whole on a resolution proposed by Mr. DANA, on the said ninth of January, for the encouragement and security of seamen of the United States.

Mr. BASSETT moved for the order of the day, on the bill concerning public contracts; which motion was negatived-47 to 39.

tution:

elected.

The resolution was ordered to lie on the table.

ADDITIONAL ARMY.

The House resolved itself into a Committee of the Whole, on the bill authorizing the President of the United States to raise an additional military force.-[The bill is reported in conformity to the letter of the Secretary of War on this subject, with a few variations in detail. The bill contemplates the appointment of two major generals, contrary to the recommendation of the Secretary of War.]

On motion of Mr. TALLMADGE, all that part relating to major generals was stricken out-ayes 74. Several amendments were made to the details of the various sections, not affecting the general object of the bill.

Mr. BLOUNT wished every person entering into the service of the United States to know on what conditions they entered. To save a repetition of the trouble occasioned by former applications, on the same subject, he moved to add the following amendment to the end of the seventh section:

No commissioned officer, non-commissioned officer, musician, or private, shall, after being discharged, be allowed to set up any claim for half-pay, commutation, or pension, except he shall have been disabled by known wounds received in actual service.

This amendment was supported by Mr. BLOUNT, and opposed by Messrs. DAWSON, GARDNER, RHEA of Tennessee, TALLMADGE, DURELL, SMILIE, and TAYLOR. The principal objection to this, was, that the eighth section of the bill goes to the same object. It was negatived by a large majority.

Mr. HELMS offered an additional section, fixing the price of undrawn rations at twenty-five cents each.

After a representation from Mr. DAWSON, that this object was already before a committee, and that, though favorable to the object, he must vote against it here, Mr. HELMS withdrew his amendment.

Mr. BLOUNT said, if there should be war, it would

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be necessary to draw out so many militia as that a major general of militia might be included in the militia, who would take command of the regular forces in preference to regular brigadier generals. To avert this evil, he moved a new section, authorizing the President, when actual war with any nation shall exist, to appoint two major generals.-Negatived, ayes 22.

Mr. RHEA, of Tennessee, moved to strike out the limitation to pay off the Army for any longer time than while in actual service.-Negatived, ayes 4.

On motion of Mr. DAWSON, the Committee rose, and reported the bill as amended. Mr. D. stated that he did not intend at this time to call up the report, and it lies on the table of course.

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1. Articles on the importation of which no duty had been collected, they being free of duty by law,

2. Articles liable to duty, and which were, on re-exportation thereof, entitled to drawback

3. Articles liable to duty, but which were not, on re-exportation thereof, entitled to drawback

$2,080,114

48,205,943

MARCH, 1808.

The report and documents were ordered to be printed.

GOVERNMENT CONTRACTS.

The House went into Committee, 48 to 37, on the bill concerning public contracts; Mr. QUINCY'S motion to strike out the proviso to the first section being still under consideration. This proviso permits members of Congress to make a contract where an immediate delivery of the article contracted for is made.

After some observations from Mr. QUINCY, the motion was adopted-ayes 40, noes 37.

Mr. KELLY moved to amend the bill, so as to preclude members of Congress from making a contract, which shall be directed by the Congress of which he is himself a member. He conceived it might be proper to extend the provisions of the bill so far; but he was opposed to a farther extension of the principle.

The motion was opposed by Messrs. BASSETT and KEY, and supported by Mr. KELLY.

Mr. RowAN spoke at length, and with superior ability, against the principle of the bill. He thought it imposed an unconstitutional, needless, and ineffectual restraint on the liberty of the citizen.

Mr. TROUP replied. He observed that in the event of war, a majority of this House might be composed of contractors under Executive influence, whose interest it might be to perpetuate the war, and the evils of whose conduct might not be corrected without a resort to first principles. The people of Georgia once thought their Legislature could never be corrupted, but they found they were mistaken; their representatives were corrupted by a land speculation.

Mr. J. RHEA did not intend to have spoken again, as he had heretofore said much on this bill; but as new arguments or something like arguments had since been offered, he was under a necessity of replying. Because the Legislature of Georgia had been corrupted it did not follow that Congress were liable to corruption. He denied 9,357,501 the conclusion. Mr. R. spoke at length against the bill, and insisted that the word "office" in the $59,643,558 Constitution did not include the case of contract. The duties collected on the importation of the artiMr. W. ALSTON thought if gentlemen so solicles of the third class, and which, not being paid by citous on this subject, and who say so much about consumers within the United States, are derived di-fraud and corruption, would only lay aside pasrectly from the carrying trade, amount to $1,393,877, exclusive of the additional duties designated by the name

Total

of "Mediterranean fund."

The articles of domestic growth or manufacture, exported during the period aforesaid, may be arranged under the following heads, viz: Produce of the sea Produce of the forest

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sion and carefully examine the provisions of the first section, they could not swallow their own bill. If the bill passes, a member of Congress has only to get a contract in the name of a third person, and the law is nugatory. If gentlemen will lay aside their phrenzy in purifying the House as $2,804,000 they call it, they must see that the bill can answer 5,476,000 no purpose. He wished gentlemen would give 37,832,000 up this parade about purifying the House-this 2,409,000 noise about fraud and corruption. The House 179,000 had never been before so plagued and harassed as with this bill. Everybody is tired of the discussion, and yet day after day the subject is pressed and had not words to express his detestation of it. upon us. He thought the bill a horrible thing,

- $48,700,000

I have the honor to be, sir, with great respect, your
obedient servant,
ALBERT GALLATIN.

The Hon. the SPEAKER
of the House of Representatives.

Mr. SLOAN said it was late in the evening. The powers of language were scarcely sufficient to ex

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press his sentiments. He hoped the Committee would rise, and in the morning he would attempt to give his sentiments on the bill. Mr. S. moved that the Committee rise.

Mr. M. CLAY said the House had yet an hour to spare. He hoped the gentleman from New Jersey (Mr. SLOAN) would go on. He would hear him with a great deal of pleasure.

Mr. SLOAN's motion was lost-ayes 45, noes 51. Mr. J. CLAY conceived that a contractor was an officer under the Constitution of the United States, and therefore excluded from a seat in Congress. But as this exposition had not been recognised he would purge the House of Executive influence by positive law, otherwise, they might see the time when contracts would be offered to members to destroy their independence and engage them in the indiscriminate support of a corrupt Administration.

The bill was further supported by Mr. SMILIE and Mr. KEY, and opposed by Mr. ROWAN, when the Committee rose, reported progress, and obtained leave to sit again.

WEDNESDAY, March 2.

Mr. FISK presented to the House a memorial of James Jay, of the State of New York, praying the liquidation and settlement of a claim against the United States, for moneys advanced, and services rendered, of an important and secret nature, during the Revolutionary war with Great Britain. Ordered, That the said memorial, together with a former petition presented to this House on the same subject, and the reports of the Secretary of State and of a select committee thereon, be referred to Mr. FISK, Mr. KELLY, Mr. SWART, Mr. HOWARD, and Mr. LEMUEL J. ALSTON, to examine and report the same, with their opinion thereupon, to the House.

The House resolved itself into a Committee of the Whole on the bill in farther addition to an act, entitled "An act to amend the Judicial system of the United States; and, after some time spent therein, the bill was reported without amendment, and ordered to be engrossed, and read the third time to-morrow.

TREASON AND OTHER CRIMES.

H. of R.

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Document accompanying the bill to punish conspiracies, to commit treason against the United States. DECEMBER 2, 1807.

SIR: The questions proposed in your letter of the 24th ultimo, embrace an important and delicate subject. I have given them that consideration they justly merit, and respectfully submit the result of my reflections.

The sentiment expressed by an able and enlightened writer, that every punishment, which is not absolutely necessary for the peace or safety of society, is unjust, I believe to be perfectly correct. When revising any part of the penal code, for the purpose of discovering its defects, and of enlarging the sphere of criminality, we should proceed with caution and prudence; and we should not add to the catalogue of offences unless on sufficient grounds.

Feeling the just influence of these remarks, and reluctant as I am to increase the list of crimes, I think experience has evinced the necessity of some further provisions, to preserve the peace of the United States against the enterprises of designing and ambitious

men.

The next question imposes a task more difficult; the mode in which the deficiency may be effectually remedied. This subject opens a wide field for discussion, and admits of great diversity of opinion.

It is with no personal satisfaction that I propose to the consideration of the committee, the propriety of punishing combinations and conspiracies for the purpose of committing treason against the United States. The Constitution has wisely defined the crime of treason; but it must be obvious that, before this crime is consummated by an overt act of levying war, the public peace may be disturbed and the public safety endangered, by the previous preparations for such an Mr. RANDOLPH, from the committee to whom event. Though, in various parts of the Union conwas referred so much of the Message from the spirators who intend the destruction of our GovernPresident of the United States, of the twenty-sev- ment are preparing the means to accomplish their obeuth of October last, as relates to enterprises against ject, by providing arms, ammunition, and warlike the public peace, and the means of preventing the stores, they are subject to no punishment by the exist same, and punishing the authors, presented a billing laws, unless war has been actually levied by them to punish conspiracies to commit treason against the United States; which was read twice and committed to a Committee of the whole on Monday next.

The bill is as follows:

A Bill to punish conspiracies to commit treason against the United States.

Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the passage of this act, if any persons shall combine, confederate, or conspire to levy war against the United States, or to

against the United States. It would seem, therefore, essential to the preservation of the public peace, that a conspiracy to commit treason against the United States should be punished in such manner as will be most likely to reform the criminal, and to deter others from the commission of the same offence. Perhaps a proper part of the judgment would be, to render offenders incapable of holding any office of honor, profit, or trust, under that Government which they conspired to destroy.

The law relative to enterprises, began or set on foot within the bosom of our own country, against a nation with whom we are at peace, merits revision, and will

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require some amendments. The object of this law is a salutary one; but its language, not defining, with sufficient accuracy and certainty the offences, has given birth to much dispute as to its legal and proper construction. Enterprises against nations at peace with us, have been too frequently projected, not to call the serious attention of the Legislature to this interesting subject.

Let me also recommend "the employment of means for the benevolent purpose of preventing crimes," to use the language of Judge Wilson.

MARCH, 1808.

The amendment was opposed by Messrs. BURWELL and HOLLAND, on the ground that it would be an useless expense to provide for the publication of the annual account of these officers, forming a volume of documents of no importance or interest to the nation; that there would be no difficulty on application in obtaining information in relation to any particular member suspected of being a contractor.

The amendment was adopted, ayes 55.

The Committee then rose and reported the bill. The House proceeded to consider the said amendments: Whereupon, the first amendment being twice read, to strike out the proviso in the first section of the bill. containing the words fol

66

The only law of the United States on this subject, will be found in the fourth volume of the Acts of Congress, page 231. This is conceived in very general terms, and authorizes security of the peace, or for good behaviour, to be taken in cases arising under the Constitution and laws of the United States, in the same man-lowing, to wit: ner as under the laws of the several States. In some respects the provision may, in practice, be incompatible with the Constitution of the United States. By one of the amendments, which now form a part of that instrument, no person can be arrested or committed, unless upon oath. In some of the States, whose Constitutions have not a similar provision, and where the common law is in force, an oath may not be considered as absolutely necessary.

An act of Congress specifically providing in all cases where it should be made appear on oath, that there were just grounds and probable cause to believe, that any person was about to commit a crime against the United States, he should be compelled to give security of the peace, or for his good behaviour, would be a prudent measure, calculated to secure the public tranquillity. The law might be so guarded as to prevent its being used to the oppression of individuals. I have the honor to be, yours, very respectfully, C. A. RODNEY.

Hon. JOHN RANDOLPH.

PUBLIC CONTRACTS. The House then resolved itself into a Committee of the Whole, on the bill concerning public contracts, 51 to 24.

A motion made to strike out of the bill that part which excepts contracts for lands, was negatived, 50 to 36.

Mr. BLACKLEDGE moved a section to direct the Secretaries of the Treasury, War, and Navy, and the Postmaster General, to make annual reports of every contract made by them the year preceding, and every particular respecting them.

This amendment was supported by Messrs. BLACKLEDGE, TAYLOR, and STANFORD, on the ground that this would furnish the House with evidence, without the pain of calling for information from the Departments respecting any particular member; that it would besides exhibit particulars which ought to appear; it would be a means of information to the people of the price of contracts, and might produce a reduction in the price of articles purchased for the United States; that many articles which now cost the United States twenty dollars a barrel, may, if it were known to the people, be had for twelve or fifteen; that this had been evinced by the publication respecting contracts for carrying the mail, by which the service had been done at a much lower rate.

Provided, That this restriction shall not be construed to extend to the purchase, where immediate delivery is had, and immediate payment is made of any property, which, at the time of such purchase, was bona fide the property of, and belonging to, any such member, or members, in his or their right, or as assignee in law, or fact, not purchased or procured in consequence of any previous arrangement with, or promise from, any public officer, or any agent of such public officer.

with the Committee of the Whole in their agreeAnd on the question that the House do concur ment to the said amendment, it passed in the negative-yeas 19, nays 73, as follows:

YEAS-Lemuel J. Alston, Joseph Barker, John Blake, jr., Joseph Calhoun, Richard Cutts, William Ely, Francis Gardner, Isaiah L. Green, William Helms, James Holland, James Kelly, John Lambert, Edward St. Loe Livermore, John Montgomery, John Rhea of Tennessee, Clement Storer, Peter Swart, Samuel Taggart, and Isaac Wibour.

NAYS-Ezekiel Bacon, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, John Boyle, Robert Brown, William A. Burwell, William Butler, George W. Campbell, John Campbell, Epaphroditus Champion, Martin Chittenden, Joseph Clay, Matthew Clay, Howell Cobb, John Culpepper, Samuel W. Dana, John Davenport, jr., John Dawson, Josiah Deane, Joseph Desha, Daniel M. Durell, James Elliot, John W. Eppes, William Findley, Peterson Goodwyn, John Hariel Hsley, Robert Jenkins, Richard M. Johnson, Thomas ris, John Heister, William Hoge, David Holmes, DanKenan, Philip B. Key, Nehemiah Knight, Joseph LewRobert Marion, Daniel Montgomery, jr., Nicholas R. is, jr., Edward Lloyd, John Love, Nathaniel Macon, Moore, Jeremiah Morrow, John Morrow, Gurdon S. Mumford, Thomas Newbold, Thomas Newton, Timothy Pitkin, jr., Jacob Richards, Matthias Richards, Lemuel Sawyer, Ebenezer Seaver, James Sloan, Dennis Smelt, Jedediah K. Smith, Samuel Smith, Henry Southard, Richard Stanford, William Stedman, Lewis B. Sturges, Benj. Tallmadge, John Taylor, John Thompson, Abram Trigg, Daniel C. Verplanck, Jesse Wharton, David R. Williams, Alexander Wilson, Richard Winn, and James Witherell.

The other amendments reported from the Committee of the Whole being twice read, were, on the question severally put thereupon, agreed to by the House.

A motion was then made by Mr. BLACKLEDGE, farther to amend the said bill by striking out the

MARCH, 1808.

Sale of Arms-Government Contracts-Military Courts.

following words in the first section, to wit: "and every such contract, bargain, or agreement, shall be deemed and taken to be absolutely void, and of no effect, whether such contract, bargain, or agreement be openly or covertly, in the whole, or in part, for the use of any such member, as aforesaid:" and the question being taken thereupon, it passed in the negative.

Ordered, That the said bill, with the amendments agreed to, be engrossed, and read the third time to-morrow.

SALE OF ARMS.

The House resolved itself into a Committee of the Whole, on the bill authorizing the sale of certain arms. The Committee having gone through the bill reported it to the House.

Mr. BACON moved to add a new section to the bill, requiring the purchase money for arms to be paid into the Treasury of the United States, before delivery.-Carried, 42 to 35.

H. OF R.

An engrossed bill in farther addition to an act, entitled "An act to amend the Judicial System of the United States," was read the third time, and passed.

A message from the Senate communicated to the House certain resolutions of the General Assembly of the State of Kentucky, expressive of their confidence in the present Administration of the Government of the United States, and of their determination to support such measures as may be adopted to vindicate the national honor and safety against the belligerent Powers of Europe." The said resolutions were ordered to lie on the table.

GOVERNMENT CONTRACTS.

The engrossed bill concerning contracts being read for the third time; and after a debate in which Messrs. HOLLAND, SLOAN, and Cook, opposed the bill, it was passed by yeas and nays65 to 44, as follows:

Mr. BIBB said as there was a thin House, he YEAS-Lemuel J. Alston, Ezekiel Bacon, David Bard, hoped gentlemen would not take advantage of the Burwell Bassett, William W. Bibb, William Blackcircumstance, and push the bill on to a third read-ledge, John Blake jr., Thos. Blount, John Boyle, George

ing in its present shape. Had there been a full
House, he was convinced the amendment would
not have passed. He therefore moved that the
bill lie on the table.-Agreed to, 39 to 35.
There being considerable difficulty in transact-
ing business, and in retaining a quorum within
the bar, the House adjourned at two o'clock.

THURSDAY, March 3.

The SPEAKER laid before the House a letter from the Secretary of War, accompanying his report on the petition of Gassaway Watkins, of the State of Maryland, referred to him by order of the House, of the twenty-fourth ultimo; which were read, and laid on the table.

On motion of Mr. JEREMIAH MORROW, Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of extending to the revenue districts on Lake Erie, and within the State of Ohio, the provisions of an act entitled "An act to extend jurisdiction, in certain cases, to State Judges and State Courts:" and that they report by bill, or

otherwise.

On motion of Mr. JEREMIAH MORROW, Ordered, That the Committee of the whole House to whom was committed, on the first instant, the bill to continue in force "An act to extend jurisdiction, in certain cases, to State Judges and State Courts," be discharged from the consideration thereof; and that the said bill be committed to the Committee of Commerce and Manufactures.

W. Campbell, John Campbell, Joseph Clay, Matthew
Clay, John Clopton, Howell Cobb, John Dawson, Joseph
Desha, John W. Eppes, William Findley, Peterson
Goodwyn, Edwin Gray, John Harris, William Hoge,
David Holmes, John G. Jackson, Richard M. Johnson,
Walter Jones, Thomas Kenan, Philip B. Key, Nehe-
miah Knight, Joseph Lewis, jr., Edward Lloyd, John
Love, Nathaniel Macon, Robert Marion, William Mc-
Creery, Daniel Montgomery, jr., John Montgomery,
Nicholas R. Moore, Jeremiah Morrow, John Morrow,
Wilson C. Nicholas, John Porter, John Randolph, John
Gurdon S. Mumford, Roger Nelson, Thomas Newton,
Rea of Pennsylvania, Jacob Richards, Samuel Riker,
Ebenezer Seaver, Dennis Smelt, John Smilie, Samuel
Smith, John Smith, Richard Stanford, Abram Trigg,
George M. Troup, Archibald Van Horn, Daniel C. Ver-
planck, Jesse Wharton, Robert Whitehill, Isaac Wil-
bour, David R. Williams, and Marmaduke Williams.

NAYS-Willis Alston, jr., Joseph Barker, William Butler, Joseph Calhoun, Epaphroditus Champion, Martin Chittenden, Orchard Cook, John Culpepper, Richard Cutts, John Davenport, jr., Josiah Deane, Daniel M. Durell, James Elliot, William Ely, Francis Gardner, Isaiah L. Green, John Heister, William Helms, James Holland, Daniel Ilsley, Robert Jenkins, James Kelly,

John Lambert, Edward St. Loe Livermore, William
Milnor, Jonathan O. Mosely, Thomas Newbold, Timo-
thy Pitkin, jr., John Pugh, John Rhea of Tennessee,
Matthias Richards, John Rowan, James Sloan, Jedediah
K. Smith, William Stedman, Clement Storer, Lewis B.
Sturges, Peter Swart, Samuel Taggart, Benjamin Tall-
madge, John Thompson, Alexander Wilson, Richard
Winn, and James Witherell.

MILITARY COURTS.

The House resolved itself into a Committee of the Whole, 50 to 43, on the bill concerning Courts Martial and Courts of Inquiry.

The first section of the bill having been read, as follows:

Mr. Cook, from the committee appointed, the twenty-ninth of October last, on so much of the Message of the President of the United States, of the twenty-seventh of the same month, as relates to our intercourse with the Indian tribes, presented "That in every case where the attendance of any a bill for establishing trading houses with the In-person not in the military or naval service of the Unitdian tribes; which was read twice and committed ed States, shall be necessary as a witness before a milto a Committee of the Whole on Tuesday next. itary or naval court martial, a summons may be issued

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