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sitting of the Legislature, they had provided for an examination or commencement of every improvement which could be suggested from the Atlantic to the dividing ridge. He trusted, also, that that State, as well as the State which the gentleman represented, would receive an equal share with others of the public attention. As to the navigation of the Atlantic coast, that, he said, was a subject which the Committee of Roads and Canals would certainly embrace in their general plan; and it was merely to call their attention to a point which might otherwise escape it, that he had introduced this motion. Besides, the land in that quarter of the country being the property of the United States, it might be proper to show to the people that the eye of the Government was turned to that quarter as well as to others.

JANUARY, 1817.

of the advantages. Let gentlemen turn their attention to the sales of land in that country; in one month, if report is to be believed, lands had been sold to the amount of one million of dollars; of which, a very small amount was applicable to making roads. Mr. H. said he should certainly, as a Representative from a new State, be very willing to see Virginia deriving her full share of money appropriated from the Treasury for the purpose of internal improvement.

Mr. YANCEY said he was a member of the committee to whom this subject was proposed to be referred. He was opposed to the present motion, not for the reason assigned by the gentleman from Virginia, though he completely subscribed to the declaration of that gentleman, that the General Government had done nothing that it could avoid for the benefit of North Carolina, or the part of Virginia the gentleman represented. But no good could be effected by this motion, because, as he understood the opinion of the committee, it was that the committee should make a general report on internal improvement, and that no particular object should be presented for the consideration of the House, as it would be improper to take up any one improvement distinct from a general system.

Mr. PICKENS said he had not been apprized of this determination of the committee, which would make it unnecessary for him to press his motion, which he therefore consented should lie on the table.

Mr. RANDOLPH said, the land in that quarter indeed did belong to the United States. But who paid for it? The United States, and not the people of that Territory. The United States had paid the State of Georgia for it, and were all equally entitled to the benefit of it. He should be glad to know why Pennsylvania, New York, and Old Massachusetts, had not as good a right to draw money from the Treasury, let it get in as proceeds of public lands or otherwise, as these new States. He wished to be understood not as speaking disparagingly of those new States; all he wished was, that the elder brethren should not be cut off, with (not the portion of the younger children,) but no portion at all-that the children Mr. T. WILSON said, that though the determi, of the second marriage should not sweep away the nation of the committee had been as stated, there whole estate. On this point, he said, the expla- would be no objection to the passage of the resonation of the gentleman was not satisfactory. lution, because it would guide the attention of But he congratulated the gentleman on the pro- the committee, who would be glad to avail themjected improvements of the navigation in North selves of all the lights on the subject, to an imCarolina. How long, he asked, since the naviga-provement that might not otherwise receive their tion of the Roanoke was proposed to be opened? Some twenty years; but there had not yet been one stroke struck towards it. With all his respect for North Carolina, and Mr. R. said, he had great respect for the people, the habits, and even the prejudices of that State, he was afraid the improvements spoken of would be seen for a long time on the face of her statute book, before they could be seen on the face of the country.

attention. In regard to the intimation that nothing had been done for North Carolina and Virginia by the General Government, in the way of internal improvement, Mr. W. asked what had been done in any other State? Nothing at all, he said; so that the complaint of gentlemen on that score, was without any just ground.

Mr. RANDOLPH made some further remarks, amongst which was this: that, as an individual, he had rather there should not be an acre of public land sold in thirty years-on account of the effect of these sales to drain the old States of their population and wealth.

Mr. HARRISON rejoined a few words, and the resolution was then agreed to.

VACCINATION.

Mr. HARRISON said, the gentleman from Virginia was mistaken, if he supposed the money, from which the expense of making the Cumberland road was defrayed, was taken from the Treasury, to the prejudice of the right of other States. No; the application of a certain part of the proceeds of the sales of public lands to that road, was the result of a fair compromise; by which, in fact, the State of Ohio had sold its in- The House then, on motion of Mr. CONDICT, heritance to the United States for a mess of pot-proceeded to the consideration of the engrossed tage, as every new Western State did. The State of Indiana, he said, had sacrificed an annuity of two or three hundred thousand dollars a year for a gross sum of fifteen thousand dollars, by sacrificing the right to tax the lands of the United States. There was not a road or improvement in the new country from which the Government of the United States did not derive its full share

bill (lying on the table) supplementary to the act for the encouragement of vaccination.

Mr. ATHERTON observed that the bill had two aspects, one as it respected the Army and Navy of the United States. Another as it respected the people of the United States, exclusive and independent of the Army. As far as the Army were concerned, he hesitated not to say that it was

JANUARY, 1817.

Vaccination.

·H. of R.

sicians of reputation, who were tender of the health and lives of their fellow-citizens, and who were desirous that vaccination should not fall into disrepute, it was considered of great importance that the vaccine matter should not be intrusted to rash and unskilful hands. But what, asked Mr. A., does this bill provide? It makes it the duty of this agent of vaccination to distribute the vaccine virus into the hands of every man, woman, and child, in the United States, who can address a request to him for that purpose. Sir, how many thousands and tens of thousands are there in the United States, who, urged by their own temerity, or a disposition to quackery, will imagine that by the vaccine matter and letter of instructions from this agent of vaccination, as if by a magician's wand, they will at once be initiated into all the skill and knowledge necessary to enable them to pronounce that their deluded patients are safe from the small pox, when they have communicated no disease at all, or, if any, a spurious vaccine disease? Sir, Í cannot conceive a more direct method of endangering the health and life of the patient, and, if I am not altogether wrong in these views, the bill upon your table, instead of being a bill for the encouragement of vaccination, ought to be called a bill for the encouragement of empirics, and to bring vaccination into disrepute. Mr. A. said that he did not doubt but the bill originated in humane motives-it bore on the face of it something of the appearance of philanthropy. It was on that account he deemed it proper to assign the reasons that would induce him to vote against it. He had assigned them, and hoped the bill would not pass the House.

among the first duties of the Government to extend the blessings of vaccination to that Army. He said it was essential to the health, security, and efficiency of the Army. But he doubted the expediency of appointing a special agent for that purpose. He said the medical and surgical department of the Army was now very numerous and expensive to the country. He had heard no sufficient reason assigned why they were not adequate to the vaccination of the Army. If they were incompetent to this important part of their duties, he would then say, there had been a monstrous abuse of power in their appointment. He presumed it would not be contended that they were overburdened with business. So far from this being the fact, he imagined, considering their numbers and pay, they had very little to do, and that it would be a mercy to them, as well as very much to the reputation of the Government, if some employ could be found for them. In its aspect towards the people, he said, it involved a question of more serious consideration than that of mere expediency. He believed the people would view it with some degree of jealousy and alarm; they would inquire, with some surprise, what article in the Constitution gave to Congress the power of levying taxes for the support of agents in the different departments of the healing art? This principle the bill recognised and sanctioned. To what extent, Mr. A. inquired, may not this be carried? Congress may be of opinion that the good people of the United States suffer great impositions from the use of spurious and unwholesome balsams, from patent medicines, &c. And, in order to protect us against their frauds and impositions, Congress may appoint an agent for balsams and an agent for patent medicines. And why not as well as an agent for vaccination? Mr. A. observed that in that State of which he was a Representative, New Hampshire, physicians made it a point to preserve the genuine vaccine matter-that they inoculated at little expense and even gratuitously-that if there was an improper inattention to this subject, it was very competent to the Legislature of that State to enact regulations and to appoint agents, which Mr. CONDICT and Mr. WRIGHT replied to this he said they could do with much more intelli-objection-the first inferring the Constitutional gence, much more satisfaction, and with much authority for the act from its connexion with more advantage, to the people of that State, than the Army and Navy; the latter from the charge Congress could do for them. But, said Mr. A., of the general welfare given to Congress, to there is another objection to this bill, which he which this measure certainly would contribute. thought must be very obvious to the House, and particularly to the gentlemen of the medical pro

fession in it. He had ever understood that it required skill and experience to determine whether the patient had taken the genuine disease, or the spurious; that it was by certain appearances in its progress the patient was to be pronounced to have had the true preventive disease. He recollected perfectly well that Doctor Waterhouse, who had been called the Jenner of America, had published to the world that some cases were so ambiguous, that, with all his skill and experience, he was not able to determine on which side they fell, whether among the true or the false cases. He said he had ever understood, that, with phy

Mr. CONDICT replied to Mr. ATHERTON; the arguments pro and con being of the same character as those previously urged in debate on the subject.

Mr. JACKSON, of Virginia, decidedly opposed the bill on the ground of its unconstitutionality, since no part of the Constitution expressly authorized the grant, and no such power could be inferred from the general clause of the Constitution.

then decided in the negative-yeas 57, nays 88, The question on the passage of the bill was

as follows:

YEAS-Messrs. Adgate, Alexander, Baer, Baker, Bassett, Bateman, Bennett, Birdsall, Birdseye, Boss, Creighton, Crocheron, Findley, Griffin, Hahn, Hall, Bryan, Burwell, Chappell, Clendennin, Condict, Harrison, Heister, Henderson, Huger, Hulbert, Jewett, Little, Lowndes, Lyle, McCoy, McLean, Middleton, Miller, Moseley, Murfree, Ormsby, Piper, Pleasants, Powell, Reynolds, Robertson, Ross, Savage, Schenck, Smith of Maryland, Southard, Taylor of New York, Townsend, Wallace, Wendover, Whiteside, Wilkin, Thos. Wilson, Wm. Wilson, Woodward, and Wright.

Nars-Messrs. Archer, Atherton, Barbour, Baylies,

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Betts, Blount, Bradbury, Breckenridge, Brooks, Cady, Calhoun, Cannon, Carr of Massachusetts. Champion, Cilley, Clark of New York, Clarke of North Carolina, Clayton, Cooper, Crawford, Culpeper, Davenport, Desha, Dickens, Edwards, Fletcher, Forney, Forsyth, Gaston, Hale, Hardin, Hawes, Hendricks, Hooks, Hopkinson, Hungerford, Irving of New York, Jack son, Johnson of Virginia, Kerr of Virginia, King, Langdon, Law, Lovett, Lyon, Wm. Maclay, Wm. P. Maclay, Marsh, Mason, McKee, Mills, Milnor, Moffitt, Moore, Jer. Nelson, Hugh Nelson, Noyes, Parris, Pickens, Pickering, Randolph, Reed, Rice, Roane, Root, Ruggles, Sharp, Sheffey, Smith of Pennsylvania, Smith of Virginia, Stearns, Sturgess, Taggart, Tallmadge, Tate, Taul, Telfair, Thomas, Tyler, Vose, Ward of New York, Ward of Massachusetts, Ward of New Jersey, Wheaton, Wilcox, Wilde, Williams, and Yancey.

So the bill was rejected.

MISSOURI CONTESTED ELECTION.

On motion of Mr. TAYLOR, of New York, the orders of the day were postponed, in order to take up the further report of the Committee of Elections on the contested election of Mr. ScoTT, Delegate from Missouri.

A debate arose on this subject, which continued until the hour of adjournment.

The same ground was occupied as in the former debate on the same subject-the questions being, first, the right and duty of the House to inquire into the contested election of Delegates, and the necessity, in a contested election, when required by either party, of scrutinizing every vote at an election.

The doctrine was again advanced by Mr. RANDOLPH, that Delegates were rather Diplomatic than Legislative characters, being accredited to Congress, and having a right to sit in either House; and, consequently, that this House had nothing to do but to see that they brought with them a certificate, from the proper authority, of

their election.

To which, after argumentatively replying, Mr. CLAY, by way of adjusting the present difficulty, humorously suggested to the gentleman, that as there were two persons claiming to represent the Territory as Delegates, one having a seat here, and the other a just claim to it, and the House having (it seemed) no right to determine between them, as they had a right (as the gentleman contended) to sit in either House, that one should be admitted to a seat on this floor, and the other turned over to the Senate.

The sitting Delegate (Mr. SCOTT) having at a late hour intimated his wish to speak in support of his right to a seat, the Committee rose, and the House adjourned.

MONDAY, January 13.

Mr. FORSYTH presented a representation of David B. Mitchell, Governor of the State of Georgia, on the behalf of that State, representing that in consequence of an informality in notifying the Treasury Department of the United States, of the assumption by the Legislature of

JANUARY, 1817.

the said State, of its quota of the direct tax, the discount of the 15 per cent. has been refused upon the payment of the said quota, and requesting the interference of Congress in the premises, so as to allow and pay to the State the 15 per cent. on the amount assumed and paid.-Referred to the Committee of Ways and Means.

Mr. PITKIN presented a petition of inhabitants of Connecticut, in opposition to the practice of transporting and opening the mails on the Sabbath, which was referred to the committee appointed on a similar petition from inhabitants of Southampton, in Massachusetts.

Mr. NELSON, from the Committee on the Judiciary, reported a bill to amend and explain the act for designating, surveying, and granting military bounty lands, passed the 6th of May, 1812; which was read twice, and committed to a Committee of the Whole.

Mr. NELSON also reported a bill to explain the act "to authorize certain officers and other persons to administer oaths," approved May 3d, 1798; which was read twice, and ordered to be engrossed and read a third time to-morrow.

Mr. JOHNSON, from the Committee on Military. Affairs, reported a bill authorizing the establishment of a National Armory; which was read twice, and committed to the Committee of the Whole, to which is committed the bill for the relief of infirm, disabled, and superannuated officers and soldiers.

Mr WRIGHT, Submitted the following resolution, which was read and ordered to lie for one day:

Resolved, That gentlemen elected members of either branch of the National Legislature, shall be admitted within the hall of the House of Representatives.

The SPEAKER laid before the House a letter

from the acting Secretary of War, transmitting a statement of the number of officers and privates composing the whole military force of the United States, in obedience to the resolution of the 11th instant; which was referred to the Committee on Military Affairs.

The SPEAKER also laid before the House a letter from the Secretary of the Treasury, transmitting a report in obedience to the resolution of the House of the 9th of March, 1816, directing him to report whether any, and, if any, what alterations are necessary to equalize the duty on the capacity of stills, boilers, and other instruments used in distillation;" which were referred to the Committee of Ways and Means.

MISSOURI CONTESTED ELECTION.

The House then resumed the consideration of the contested election of Delegate for Missouri Territory.

Mr. SCOTT (the sitting Delegate) defended his right to his seat at considerable length, and with no little ingenuity.

The question was at length taken on the first part of the resolution moved by the SPEAKER, Viz: That the petitioner Rufus Easton was entitled to the certificate of being elected-and negatived, 79 to 68; and the remaining part of the

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proposition (that Mr. Easton was entitled to a seat) was withdrawn by the mover.

Mr. T. M. NELSON then moved a resolution to the effect that, the election of Delegate for the Territory of Missouri having been illegally conducted, the seat of the Delegate for that Territory had become vacant, and that a new election be ordered; and that the Speaker communicate this resolution to the Governor of the Territory. The question on the resolution was then put in separate questions, when that part which related to the election being illegal, the seat being vacant, and the Speaker commuicating the same to the Governor, was carried; whilst so much as related to a new election for the Territory, was negatived. On the motion of Mr. JOHNSON, all the orders of the day preceding that on the compensation law, was postponed to the day after to-morrow, in order to afford that gentleman an opportunity to-morrow of redeeming his pledge on that subject, and bringing on the discussion of it.

JOHN PAULDING.

H. OF R.

an allowance of sixty dollars per year, until the last session of Congess, when it was increased to ninetysix. His provision was a far more liberal one. He does not now suggest that his annuity is not sufficient to support himself; but he wishes to be enabled out of the public bounty to support himself and his family This is a request which is not granted to those

too.

who were disabled in the service of the country, nor It can therefore hardly be proper to grant it to the to the widows and orphans of those who were slain. petitioner. He has no cause of complaint against the Government, and ought to be satisfied; therefore,

Resolved, That the prayer of the petitioner is unreasonable, and ought not to be granted.

A debate of no little interest arose on this question.

Mr. WRIGHT moved to reverse the report of the committee, and to declare that the prayer of the petitioner ought to be granted.

The report was opposed by Messrs. WRIGHT, SMITH, of Maryland, GOLD, FORSYTH, ROBERTSON, and SHARP, on the ground of the importance of the services of this person and his companions, Mr. CHAPPELL made a report unfavorable to the the magnitude of the virtue they displayed, and petition of John Paulding, (one of the citizens the justice of making such an addition to the who captured the British Adjutant General Major | pension allowed to them, as should keep pace with Andre, during the Revolutionary war,) who the depreciation of money since the amount of prays for an increase of the pension allowed to him by the Government in consequence of that service. The report is as follows:

that pension was established. The report was supported by Messrs. CHAPPELL, JEWETT, TALLMADGE, and PICKERING, on the injustice of legislating on a single case of pension for services, which were in fact, though important, but the common duty of every citizen, and in which no disability was incurred; whilst there were many survivors of the Revolution, whom the favor of the Government had not distinguished, and who are languishing in obscurity and want; to whom no relief had been or would be extended.

That the petitioner states that he was one of the three persons who arrested Major John Andre, the Adjutant General of the British army, during the Revolutionary war. That for this patriotic service they received the approbation of General Washington and the Congress, and also an annuity of two hundred dollars each. He states that he is now old, has a large family, some of whom are infants; that he is very infirm, and incapable of hard labor; that his annuity is his greatest dependence to maintain himself and family; and What gave interest principally to the debate, was the disclosure by Mr. TALLMADGE of Connecasks Congress to increase the allowance which he now has, or to grant him such further assistance as his faith-ticut (an officer at the time, and commanding the ful and patriotic services, and his infirmity and advanced age, may demand.

advance guard when Major Andre was brought in) of his view of the merit of this transaction, The petitioner did his duty faithfully, and for it he with which history and the records of the country has been liberally rewarded. However, he did nothing have made every man familiar. The value of more than his duty; the country expects this much, at the service he did not deny, but, on the authority least, from every one, and yet it is not expected that of the declarations of Major Andre, (made while she is to support all who have done so. The commit in the custody of Col. TALLMADGE,) he gave it as tee without disparaging the services of the petitioner, his opinion that, if Major Andre could have given can conceive of many individuals, both in the Revo-to these men the amount they demanded for his lutionary and late war, who rendered services of the release, he never would have been hung for a spy, highest character, if not equal to those of the petitioner, nor in captivity on that occasion. Mr. T.'s stateand who, so far from being so highly favored with the ment was minutely circumstantial, and given with public liberality as he has been, have received nothing, expressions of his individual confidence in its and who have asked nothing. Good policy warns us correctness. Among other circumstances, he against adopting such measures as may excite invid-stated, that when Major Andre's boots were taken ious remarks and create jealousies. The petitioner was a private soldier when he rendered the services for which he has been thus liberally rewarded; he was neither wounded, nor in any way injured, nor even exposed to a greater degree of hardship than thousands of soldiers who were then in the service; and yet for those brave men who then fought our battles, and who had the misfortune to lose an arm or a leg, or who became otherwise wounded or disabled, and who have dragged out a tardy, and melancholy, and perhaps miserable existence, no greater provision was made than

off by them, it was to search for plunder, and not to detect treason. These persons indeed, he said, were of that class of people who passed between both armies, as often in one camp as the other, and whom, he said, if he had met with them, he should probably have as soon have apprehended as Major Andre, as he had always made it a rule to do with these suspicious persons. The conclusion to be drawn from the whole of Mr. TALLMADGE's statement, of which this is a brief extract,

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was, that these persons had brought in Major Andre, only because they should probably get more for his apprehension than for his release.

This statement was received with surprise and incredulity, as to Major Andre's correctness, by the gentlemen on the other side of this question, It was very extraordinary, it was said, that at a day so much nearer the transaction than the present, there had existed no doubt on the subject and Congress, as a mark of public gratitude for their honorable conduct on this important occasion, settled on these persons pensions for life. Though testimony was strongly stated by one of the gentlemen (Mr. SMITH) to Major Andre's high character and honor, it was impossible, it was said, that the character and conduct of the men should have been as this day represented, yet so differently depicted. The statement of Major Andre, subject as it must have been to be discolored by misapprehensions of the character and motives of Americans, among whom patriotism pervades every rank in life, it was urged, ought to have no weight, indeed it ought not to have been mentioned, in competition with facts on record, and established by full investigation, during the life time of General WASHINGTON, who certainly knew all the circumstances of the transaction.

Though this topic made a prominent figure in the debate, it is perhaps proper to say, that the question was decided on the ground taken in the report, and above stated as having been urged in debate in favor of it.

A motion was made by Mr. FORSYTH (and lost) to postpone the report to give further time to examine the correctness of the extraordinary view of the subject which had been presented by

Mr. TALLMADGE.

It was moved to amend the resolution, so as to direct the committee to report a bill for increasing the compensation of the other two of the captors of Major Andre, yet surviving, as well as of the petitioner, which motion was negatived.

The question on the reversing the report of the committee was decided in the negative-yeas 53, nays 80 or 90.

Mr. LITTLE having made an unsuccessful motion to postpone the further consideration of the report, in the hope that a full examination would be made of the question to-day raised as to the merits of these men, whom history described as pure and incorruptible patriots, and whom he fully believed to have been so

The report was agreed to.

Mr. CHAPPELL, from the same committee aforesaid, also reported a bill in addition to an act, entitled "An act for the relief of John Thompson," which was read twice and committed to a Committee of the Whole.

TUESDAY, January 14.

The engrossed bill, entitled "An act to explain the act authorizing certain officers and other persons to administer oaths, approved May the 3d, 1798," was read the third time and passed.

JANUARY, 1817.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act concerning the Attorney General of the United States," in which they ask the concurrence of this House.

Mr. FORSYTH submitted the following joint resolutions, which were read twice and ordered to lie on the table:

Resolved, &c., That the arrangement made by the President and Directors of the Bank of the United States, under which the notes of the stockholders secured by deposite of six per cent. stock of the United States, are received in place of the specie required to be paid as a part of the second instalment, is an unwarrantable extension of the corporate powers of that body, and that the Secretary of the Department of the Treasury, be and he is hereby directed to withhold the deposites of the Government from the said bank, until the proportion of specie required as part of the second instalment is actually paid, according to the true intent and meaning of the act of incorporation. loan of money by the Bank of the United States, to Resolved, &c., That the discount of any note or the individuals, on the credit of the funded debt of the United States, either transferred to the bank, or to any of its officers, or deposited with an authority to sell the same for the payment of the debt contracted, is a manifest violation of the ninth rule or fundamental article of the constitution of the said bank, and is contrary to the spirit of the fifth section of the act of incorporation; and that the Secretary of the Department of the Treasury, be and he is hereby directed, whenever he shall hereafter ascertain that any discount of notes or loan of money has been made on such security, to proceed forthwith to withdraw from the said bank the depos ites of the Government; and that it shall be his duty to give information thereof to Congress, during the first week of its succeeding session.

Mr. SMITH, of Maryland, presented a memorial of William Thornton, keeper of the Patent Office, stating that no direct provision exists in the laws upon the subject of patents, inventions, and discoveries, embracing the case of statuary, and soliciting that an additional act may be passed upon the subject.-Referred to the Committee of Commerce and Manufactures.

Mr. CLAYTON presented a petition of Allan McLane, stating that he commenced his military life as a volunteer in the year 1775, and continued to act in various stations of important trust, of active enterprise, of imminent peril; throughout the checkered scenes of the Revolutionary war, which left him at its close a major of infantry, and that in the great cause of independence he offered up the flower of his life, and expended a handsome patrimony, for which he has never, as he alleges, received the promised rewards; that he is now old, infirm, and poor, and praying that Congress will take his case into serious consideration and pass such act in the premises for his reiief as to them, in their wisdom, shall seem just and right.-Referred to the Committee on Pensions and Revolutionary Claims.

Mr. ROBERTSON, from the Committee on the Public Lands, to which was referred the bill from the Senate "to increase the salaries of the register and receiver of public moneys of the land

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