FEBRUARY, 1812.

for the benefit of Christopher Miller, which was reported without amendment, and ordered to a third reading. [This bill allows C. Miller 950 acres of land for services performed under General Wayne. J'

The House went into Committee, on the report of the Committee of Claims, on the petition of John Murray, who prayed for the settlement of certain loan office certificates.

After some debate on this report, it was observed, that this claim came properly under the description of those claims, respecting which the Committee of Claims had made a report to the House, recommending the repeal of the statute of limitations. It was therefore moved, that the Committee rise and ask leave to sit again, in order to afford an opportunity of going into a committee on that report.-Carried.

MARRIAGE LICENSES.

The House went into a Committee on the bill relating to marriage licenses, in Washington county, in the District of Columbia, and directing the application of the tax thereon."

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The section was struck out, there being fortyseven members for it.

The Committee rose and reported the amendment; and after some humorous observations in favor of retaining the section, by Mr. MILNOR, the House concurred with the Committee in striking out the section. Of course the bill was lost.

REVOLUTIONARY CLAIMS.

The House resolved itself into a Committee of the Whole, on a report of the Committee of Claims recommending certain claims, (including the diferent species of liquidated claims) to be exempted from the operation of the statute of limitation. It was found that the Committee of the Whole had agreed to this resolution; but that there was another in the following words, referred to the same Committee, not acted upon.

"Resolved, That the Committee of Claims bè instructed to inquire into the merits of all claims which may be referred to them, which originated during the Revolutionary war, notwithstanding such claims may

be barred by the statute of limitation, and that they report their opinion thereon to the House."

Mr. LEWIS said the bill proposed no new tax. The laws of Maryland already impose a tax of four dollars upon every marriage license, and marriage licenses issued in Washington county are now subject to this tax; this bill went only to appropriate the money for the promotion of learning in the District.

Mr. CLAY (the Speaker) knew not which most to admire, the conduct of the opposer or supporter of this bill. If he understood the gentleman last up, there is at present a law taxing marriages, but no authority to collect the tax, which is the same as if there was no law on the subject. As he thought with the gentleman first up, that marraiges ought not to be taxed, but promoted, he should vote with him for striking out the first section of the bill..

Mr. SMILIE said, it was a little singular that one bachelor should support this bill, and another oppose it. He hoped, however, there would be no difference of opinion amongst the married members on this subject. He would be in favor, rather of giving a bounty on marriages, than of laying a tax upon them. The citizens of Washington wishing to raise money in this way to support their academy, put him in mind of what happened long ago in England. When the building of a mansion house was in agitation, the party in power determined to get the funds for the purpose out of the dissenters. They therefore laid a tax upon any dissenters who refused to suffer their names to be held up for certain offices; and another tax on those who were elected, and refused to take the sacrament in a manner which their consciences forbade. He would prefer a tax on bachelors over twenty-five, to a tax on marriages, and this would include both the gentlemen.

The Committee rose and reported the resolution to the House; but no decision was taken upon it before the House adjourned.

WEDNESDAY, February 12.

Mr. TROUP presented to the House a resolution of the General Assembly of the State of Georgia, approbatory of the measures pursued by the General Government in relation to our foreign concerns, and declaratory of their determination to support such measures as may be adopted to maintain the rights and honor of the country.Referred to the committee appointed on that part of the President's Message which relates to loreign relations.

Mr. DESHA presented several petitions of sundry inhabitants of the United States, praying that the lands belonging to the United States may be leased out to persons applying for that purpose, for a certain number of years, and at a certain price per year, to be fixed upon by Congress.-Referred to the Committee on the Public

Lands.

On motion of Mr. BURWELL,

Resolved, That the Secretary of War be directed to lay before this House a list of persons on the pension list, the State or Territory in which they live, and the amount annually allowed each person by law.

An engrossed bill for the relief of the Board of Commissioners west of Pearl river, was read the third time, and passed.

An engrossed bill for the relief of Christopher Miller was read the third time, and passed. The House proceeded to consider the amend

ments of the Senate to the bill "for the more convenient taking of affidavits and bail in civil causes depending in the Courts of the United States;" which were concurred in by the House. Mr. TALLMADGE, from the committee to whom was referred the report of the Postmaster General respecting the repairs of the public building, called Blodget's Hotel," reported a bill supplementary to an act providing for the accommodation of the General Post Office, the Patent Of fice, and for other purposes; which was twice read, and committed.

DRAWBACK OF DUTIES.

Mr. NEWTON, from the Committee of Commerce and Manufactures, made an unfavorable report on the petition of George R. Rapelye, and others, of the city of New York; which was concurred in by the House. The report is as

follows:

The petitioners state, that their respective firms purchased of the firm of Ingraham, Phoenix, and Nixsen, goods, entitled, on exportation, to the drawback of duties, and which the petitioners purchased and exported under the persuasion that the debentures which issued from the custom-house would be duly paid.

In this calculation they have been disappointed, as the firm of Ingraham, Phoenix, and Nixsen, which imported the goods, and entered the same for exportation, has since failed, without paying the duties, amounting to about ninety-six thousand dollars, to the United States. The petitioners solicit Congress to pass an act directing the collector of the customs for the port of New York to pay the debentures which they hold, notwithstanding the duties have not been paid by the firm of Ingraham, Phoenix, and Nixsen, the importers

of the goods.

If Congress refuse to accede to this solicitation of the petitioners, they then pray that an act may pass to authorize them to institute a suit against the collector for the port of New York, for the amount of the debentures, inasmuch as the non-payment of the duties by the firm of Ingraham, Phoenix, and Nixsen, is fairly chargeable to the negligence of the collector, in not taking responsible sureties to the duty bonds.

The committee can see no ground on which the first proposition can be supported; the law, in letter and spirit, is opposed to it. The law says: "In no case of an exportation of goods shall a drawback be paid, until the duties, on the importation thereof, shall have been first received," No duties, on the goods imported by the firm of Ingraham, Phoenix, and Nixsen, have as yet been paid, or are likely, as the committee understand, to be paid; the petitioners, therefore, are not entitled to receive the amount of their respective debentures. The law, as it stands, clearly evinces the soundness of the principles, on which it is founded; no case could have occurred more apposite to prove the necessity of such a provision for the security of the Treasury.

The drawback of duties is allowed on two grounds: first, the exportation of goods within twelve months, calculating from the time of entry; and, secondly, on the payment of duties to the United States, before, or after, such exportation.

The goods may be exported, but, if the duties, on their importation, are not paid, there can be no legal right to demand the payment of the debentures. The

FEBRUARY, 1812.

wise framers of the law never intended that a system, which they constructed for the encouragement of commerce and enterprise, should operate in such a way as to drain the Treasury. To sustain the present application, would, undoubtedly, produce this effect.

The second proposition cannot, in any view in which it can be presented to the mind, be considered as tensuch duties as the law prescribes: in this case, if he able. The collector is responsible for the omission of has omitted to perform a duty assigned to him, the United States are alone the loser-the petitioners only fortuitously so an accident against which speculations cannot be secured. The remedy of the petitioners is against the sellers of the merchandise. If the petitioners fail in obtaining redress against the firm of Ingraham, Phoenix, and Nixsen, in the responsibility of which they confided, their case is remediless. The committee cannot transcend the limits of the Constitution, or the sound and correct principles of jurisprudence, in recommending the passage of a law which shall be endued with a retroactive operation. They, therefore, submit the following resolution to the House: draw their petition. Resolved, That the petitioners have leave to with

UNITED STATES' BANK NOTES.

On motion of Mr. BACON, the House went into a Committee of the Whole, on the bill to repeal the tenth section of the act establishing the Bank of the United States.

and Means had thought it necessary to bring for Mr. BACON said, that the Committee of Ways ward this bill, in consequence of a decision which had been made in the Circuit Court of Virginia, that the notes issued by the Bank of the United States are still a tender in payments to the collectors and other officers of the United States. The committee do not know on what ground this opinion was given; they had conceived that as the limitation of the law had expired, no part of it could still have force. But, as this opinion has been given by the Chief Justice of the United States, it produces great inconvenience to the officers of the United States, as the notes of the several branches, say Charleston, Savannah, New from which they issue. Orleans, &c., will be paid only at the branches

Some irregular debate took place on the propriety of passing the bill at all. It was contended that the whole law having expired, it was altogether unnecessary, not to say improper, to pass a bill to repeal a section of that law. It was replied by the Chairman of the Committee of Ways and Means, and others, that as the passing of the bill would prevent any further trouble to the public officers, and it could have no influence on anything which had heretofore taken place, its passage was desirable.

The Committee rose, and the House ordered the bill to a third reading.

SALARIES OF OFFICERS,

On motion of Mr. BACON, the House went into a Committee of the Whole on the bill to continue in force for a limited time the salaries of certain officers of Government therein mentioned.

Mr. BACON stated, that this bill was intended to continue in force a law passed in 1799, for in

FEBRUARY, 1812.

might become necessary for carrying into effect such parts of your contract as related to new posts that might be established within the limits of your contract in Louisiana." This letter is dated the 26th of April, 1811. In the other letter General Dearborn informs Mr. Eustis "that each of the posts in Louisiana, including New Orleans, might be considered as new posts." Thus the petitioner claims extra compensation for the supplies furnished by him at all the military posts in Louisiana, upon the allegation that, in furnishing them, he encountered "unforeseen and unavoidable expenses."

To sustain this allegation, the petitioner has adduced a variety of documents which satisfy the committee, that, in executing his contract, he was subjected to inconveniences, and must have incurred expenses not foreseen at the date of the contract. Supplies, in advance, for a much longer period than that mentioned in the contract were required, and, as the petitioner asserts, without the stipulated notice. The petitioner, it appears, was consequently compelled to procure the supplies at high prices in the neighborhood of the places where they were wanted, whilst, in a regular course of supply, he would have had time to have got provisions from the Western country, where they were cheap. The sudden augmentations and diminutions of the detachments for Orleans Territory, are, moreover, affirmed by the petitioner to have been causes of embarrassment and unforeseen expense.

Your committee, after a full examination of the subject, are of opinion that the petitioner is entitled to some additional compensation, to be adjusted by the accounting officers of the Department of War, upon such evidence as may be produced by the petitioner. They, therefore, ask leave to report a bill for his relief. ARMING THE MILITIA. :

The House resumed the consideration of the bill for arming the militia; when, on motion of Mr. MILNOR, an amendment was made to that section of the bill which inflicts a penalty on the representative of any deceased militiaman improperly witthholding his arms.

Mr. M. CLAY stated that he yesterday voted in favor of an amendment to the bill, leaving it with the respective States or Territories to distribute the arms provided by this bill, in such manner as they may direct. He now wished to have that vote reconsidered, and moved to that effect.-The yeas and nays were called upon the question.

Mr. LACOCK observed, that as this was an important question, upon which, perhaps, the fate of the bill depended, he could wish to have it decided in a fuller House; there being barely a quorum of members present. He, therefore, moved that the House adjourn.-Carried.

MONDAY, February 17. Mr. MORROW, from the Committee on the Public Lands, presented a bill giving a further time for registering claims to lands in the western district of the Territory of Orleans; which was read twice and committed to a Committee of the Whole on Thursday next.

Mr. KING, from the committee appointed the 7th instant, presented a bill to authorize John Rutherford, of the State of North Carolina, to

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bring into the United States certain slaves there. in named; which was read twice and committed to a Committee on the Whole to-morrow.

INCREASE OF REVENUE.

Mr. BACON, from the Committee of Ways and Means, made a report in relation to the revenue necessary for the present and two succeeding years, accompanied with a plan for raising the same; which was read, and committed to a Committee of the Whole on Monday next. The report is as follows:

into consideration the subject of the revenue and exThe Committee of Ways and Means having taken penditure of the United States for the present and two succeeding years, in particular reference to a state of contemplated war during a greater portion of that period, ask leave to report―

That the ordinary expenses during the present year, grounded on the estimates already laid before Congress, are estimated as follows, viz: Expenses of a civil nature both foreign Army-exclusive of the additional mili

and domestic

tary force authorized by the act of the present session, and including $32,800 for the service of the militia in the years 1809, 1810, and 1811 Naval Department, including the Marine Corps

Arsenals, arms, ordnance, repairs of fortifications, &c., including $200,000 permanent appropriations for the purchase and manufacture of arms Indian Department Interest on the public debt

Total ordinary expenses

That the actual receipts into the Treasury during the same year are estimated at

Leaving a deficit in the receipts of

$1,260,000

2,581,000

2,500,000

614,000

220,000

2,225,000

$9,400,000

$8,200,000

$1,200,000