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PROCEEDINGS AND DEBATES
HOUSE OF REPRESENTATIVES OF THE UNITED STATES,
AT THE SECOND SESSION OF THE FOURTEENTH CONGRESS, BEGUN AT THE CITY
OF WASHINGTON, MONDAY, DECEMBER 2, 1816,
MONDAY, December 2, 1816.
Chappell, Benjamin Huger, William Lowndes, John
Taylor, and William Woodward. This being the day fixed by the Constitution for the meeting of Congress, HENRY CLAY, tht Richard H. Wilde.
From Georgia—John Forsyth, Thomas Telfair, and Speaker, Thomas DOUGHERTY, the Clerk, and
From Kentucky-Joseph Desha, Benjamin Hardin, the following members of the House of Repre Richard M. Johnson, Samuel McKee, Ainey McLean, sentatives appeared, and ok their seats, to wit: Stephen Ormsby, Solomon P. Sharp, and Micah Taul.
From New Hampshire-Charles H. Atherton, Wil. From Tennessee— William G. Blount, Newton Canliam Hale, Roger Vose, Daniel Webster, and Jeduthun non, Bennet H. Henderson, Samuel Powell, James B. Wilcox.
Reynolds, and Isaac Thomas. From Massachusetts-William Baylies, George Brad. From Okio-John Alexander, James Caldwell, and bury, Samuel 8. Conner, John W. Hulbert, Cyrus David Clendennin. King, Jeremiah Nelson, Albion K. Parris, John Reed, From Louisiana_Thomas B. Robertson. Thomas Rice, Nathaniel Ruggles, Asahel Stearns, Sol- The following new members also appeared, to omon Strong, Samuel Taggart, Artemas Ward, and wit: from Massachusetts, Benjamin Adams, in Laban Wheaton. From Connecticut—Epaphroditus Champion, John CARR; from New York, ARCHIBALD S. CLARKE,
the room of Elijah Brigham, deceased, and James Davenport, jun., Lyman Law, Jonathan O. Moseley, in the room of Peter B. Porter, resigned; from Lewis B. Sturges, and Benjamin Tallmadge.
From Vermont-Asa Lyon, Charles Marsh, and Pennsylvania, William FINDLEY; from MaryJohn Noyes.
land, PETER LITTLE, in the room of William From New York-Asa Adgate, Micah Brooks, Dan. Pinkney, resigoed, and George Peter, in the iel Cady, Henry Crocheron, Thomas P. Grosvenor, room of Alexander C. Hanson, resigned; from John Lovett, Hosea Moffitt, John Savage, John W. North Carolina, Samuel Dickens, in the room Taylor, George Townsend, and Peter H. Wendover. of Richard Stanford, deceased, and CHARLES
From New Jersey-Ezra Baker, Ephraim Bateman, Hooks, in the room of William R. King, reBenjamin Bennett, Lewis Condict, Henry Southard, signed; from Kentucky, THOMAS FLETCHER, in and Thomas Ward.
the room of James Clark, resigned; from Ohio, - From Pennsylvania,William Crawford, William William HENRY HARRISON, in the room of John Darlington, Isaac Griffin, John Hahn, Joseph Heister, McLean, resigned; and from Indiana, WILLIAM Joseph Hopkinson, Samuel D. Ingham, Jared Irwin, HENDRICKS: who severally produced their creAaron Lyle, William Milnor, John Whiteside, and dentials, and took their seats; the oath to support Thomas Wilson.
the Constitution of the United States being first From Delaware-Thomas Clayton.
ad.ministered to them by the SPEAKER. From Maryland-John C. Herbert, Samuel Smith,
William LaTTIMORE, the Delegate from the Philip Stuart, and Robert Wright.
From Virginia–Philip P. Barbour, Burwell Bas- Mississippi Territory, appeared, and took his seat. sett, James Breckenridge, William A. Burwell, Peter Territory of Illinois, NATHANIEL Pope; and from
Two new Delegates appeared, to wit: from the son Goodwyn, Aylet Hawes, John P. Hungerford, Joseph Lewis, jun., William McCoy, Hugh Nelson, the Territory of Missouri, Joan Scott; who Thomas Newton, William H. Roane, Ballard Smith severally produced their credentials, were qualiand Henry St. George Tucker.
fied, and look their seals. From North Carolina–Joseph H. Bryan, James W.
And a quorum, consisting of a majority of the Clark, John Culpeper, Weldon N. Edwards, Daniel whole number of members of the House, being M. Forney, William Gaston, Israel Pickens, Lewis present, the Clerk was ordered to acquaint the Williams, and Bartlett Yancey.
Senate there with. From South CarolinaJohn C. Calhoun, John J. On motion of Mr. Wright, a committee was
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DECEMBER, 1816. appointed on the part of this House, to join suchswered that he would make a communication 10 committee as may be appointed on the part of the the two Houses this day, at iwelve o'clock. Senate, to wait on the President of the United A Message was then received from the PresiStates, and inform him that a quorum of the two DENT OF THE UNITED States, which was deHouses is assembled, and ready to receive any livered in at the Speaker's table. The Message communication that he may be pleased to make was read, and ordered to be committed to the to them; and Mr. Wright and Mr. TallmaDGE Committee of the Whole House on the state of were appointed of the said committee.
the Union, and that five thousand copies thereof A message from the Senate informed the House be printed for the use of the Members of Conthat a quorum of the Senate is assembled, and gress. [For this Message see Senate proceedings, that they are ready to proceed to business. The ante page 11.] Senate concur in the resolution for the appoint- A message from the Senate informed the House ment of a joint committee, to wait on the Presi- that the Senate have passed a resolution for the dent of the United States, and inform him that a appointment of a joint committee, to have the quorum of the two Houses is assembled, and ready application of the money appropriated for the use to receive any communications he may be pleased of the Library, and have appointed the said comto make to them, and have appointed a committee mittee on their part. The Senate have also passed on their part.
a resolution for the appointment of a joint comMr. Wright submitted the following resolu- mittee for enrolled bills, and have appointed Mr. tion, to wit:
Roggles on their part. Resolved, That the Constitution of the United States,
The said resolutions were severally read, and together with the Rules and Orders of the House, be agreed to by the House; and Messrs. Taylor, of printed for the use of the members.
New York, HOPKINSON, and TUCKER, were apThe House proceeded to consider the resolution, pointed of the Library Committee, on the part of and the question being taken on agreeing thereto? this House, and Messrs. CRAWFORD and Taol it was determined in ihe negative.
were appointed of tbe Committee of Enrolled
Bills. On motion of Mr. PARRIS, the Clerk was directed to procure newspapers from any number of
The following resolution was submitted by Mr. offices that the members may elect: Provided, Hugh Nelson: that the expense thereof do not exceed the price Resolved, That the Committee on the Judiciary be of three daily papers.
instructed to report a bill to repeal the act, entitled On motion of Mr. TAYLOR, of New York,
“An act to change the mode of compensation to the Ordered. That the daily hour to which the Members of the Senate and House of Representatives House shall stand adjourned, be twelve o'clock, and the Delegates from Territories,” passed March until otherwise ordered.
19, 1816. And then the House adjourned.
The question was then taken, "Will the House now consider this resolution ?" and determined
in the negative. Tuesday, December 3.
STANDING COMMITTEES. Several other members, to wit: from Massa- On motion of Mr. LOWNDES, the House prochusetts, BENJAMIN Brown and Timothy Pick- ceeded to the appointment of the standing comERING; from Rhode Island, James B. Mason; mittees, pursuant to the rules and orders of the from Connecticut, Timothy Pitkin; from Ver- House." "Whereupon, the following were apmont, CHAUNCEY LANGDON; from New York, pointed : OLIVER C. ComsTOCK, JAMES W. Wilkin, JABEZ
Of Ways and Means-Mr. Lowodes, Mr. Smith, D. HAMMOND, JAMES BIRDsall, and ABRAHAM of Maryland, Mr. Moseley, Mr. Burwell
, Mr. WilH. SCHENCK; from Pennsylvania, WILLIAM Wil-kin, Mr. Gaston, and Mr. Henderson. son, William Maclay, and THOMAS SMITH; Of Elections--Mr. Taylor, of New York, Mr. from Maryland, GEORGE BAER; from Virginia, Pickering, Mr. Kerr, of Virginia, Mr. Habo, Mr. Magnus TATE, JAMES PLEASANTS, jun., and Joan Vose, Mr. Law, and Mr. Thomas. KERR; and from North Carolina, WILLIAM C. of Commerce and Manufactures-Mr. Newton, Love, appeared, and took their seats.
Mr. Savage, Mr. Hulbert, Mr. Parris, Mr. Miloor, Two new members also appeared, to wit: from Mr. Mason, and Mr. Forney. New York, DANIEL AVERY, in the room of Enos Of Claims-Mr. Yancey, Mr. Alexander, Mr. T. Throop, resigned; and from Pennsylvania, Goodwyn, Mr. Davenport, Mr. Lyle, Mr. Hardin, William P. Maclay, in the room of Thomas and Mr. Lyon. Burnside, resigned, who severally produced their For the District of Columbia-Mr. Tucker, Mr. credentials, were qualified, and took their seats. Lewis, Mr. Irwin, of Pennsylvania, Mr. Wendo
Mr. Wriget, from the joint committee ap. ver, Mr. Herbert, Mr. Taylor, of South Carolina, pointed to wait on the President of the United and Mr. Peter. States, and inform him that the two Houses, On Public Lands-Mr. Robertson, Mr. Mchaving formed a quorum. are ready to receive Lean, Mr. King, Mr. Sturges, Mr. Harrison, Mr. any communications he may be pleased to make Williams, and Mr. Hendricks. to them, reported that the committee had per- On the Post Office and Post Roads—Mr. Ingformed that service, and that the President an-ham, Mr. Cannon, Mr. Breckenridge, Mr. Avery,
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Mr. Carr of Massachusetts, Mr. Caldwell, and sage as relates to Naval Affairs, be referred to a select Mr. Noyes.
committee. On Pensions and Revolutionary Claims-Mr.
5. Resolved, That so much of the President's Mese Chappell, Mr. Reynolds, Mr. Stuart, Mr. Souih- sage as relates to Manufactures, be referred to the ard, Mr. Wilcox, Mr. Wheaton, and Mr. Cro-Committee of Commerce and Manufactures. cheron.'
6. Resolved, That so much of the President's Mes. of Public Expenditures-Mr. Pickens. Mr. sage as relates to an amelioration of the condition of Barbour, Mr. Hammond, Mr. Champion, Mr. the Indian tribes within our limits, be referred to a
select committee. Schenck, Mr. Thomas Wilson, and Mr. Jeremiah
7. Resolved, That so much of the President's Mes. Nelson. On the Judiciary-Mr. Hugh Nelson, Mr. sage as relates to the uniformity of weights and mea
sures, be referred to a select committee. Wilde, Mr. Hopkinson, Mr. Wright, Mr. Ormsby, 8. Resolved, That so much of the President's Mes. Mr. Webster, and Mr. Love.
sage as relates to the National University, be referred Of Accounts-Mr. Little, Mr. Reed, and Mr. to a select committee. Edwards.
9. Resolved, That so much of the President's Mesa On Revisal and Unfinished Business-Mr. sage as relates to Roads and Canals, be referred to a Condict, Mr. Bradbury, and Mr. William Maclay. select committee.
On Private Land Claims-Mr. Sharp, Mr. 10. Resolved, That so much of the President's Mes. Clark of North Carolina, Mr. Telfair, Mr. Ather- sage as relates to a revisal of the Criminal Code and ton, and Mr. Huger.
a remodification of the Judiciary Establishment, be referred to the Committee on the Judiciary.
11. Resolved, That so much of the President's Mes. WEDNESDAY, December 4.
sage as relates to the more effectual prohibition of the Two other members, to wit: from New York, African slave trade, be referred to a select committee. SAMOEL R. Berts ; and from Pennsylvania,
12. Resolved, That so much of the President's Mes. Hoch GLASGOW; appeared and took their seats sage as relates to the office of Attorney General, and A new member also appeared, to wit: from the Executive branch of the Government, be referred
to the establishment of an additional Department in Virginia, Thomas M. Nelson, in the place of to a select committee. Thomas' Gholson, deceased; who produced his 13. Resolved, That so much of the President's Mescredentials, was qualified, and took his seat. sage as relates to the subject of Revenue, be referred
On motion of Mr. Reynolds, the Secretary to the Committee of Ways and Means. of War was directed to lay before this House a 14. Resolved, That so much of the President's Mes. copy of the report of the commissioner appointed sage as relates to an Uniform National Currency, be to mark and survey a road from Tennessee river, referred to a select committee. through the Chickasaw nation, together with the 15. Resolved, That the said select committees have amount of expenditures for performing the said leave to report by bill or otherwise. service.
Mr. Forsyth, Mr. Smith; of Maryland, Mr. A message from the Senate informed the House Grosvenor, Mr. King, Mr. Baker, Mr. Ward, of that the Senate have passed a resolution for the Massachusetts, and Mr. Darlington, were apappointment of two Chaplains, during the present pointed a committee pursuant to the first resolusession, of different denominations, one by each tion. House, who shall interchange weekly; in which Mr. Johnson, of Kentucky, Mr. Conner, Mr. they ask the concurrence of this House.
Desha, Mr. Ward, of New Jersey, Mr. Peter, Mr. The resolution was read and concurred in by Thomas M. Nelson, and Mr. Dickens, were ap: the House.
pointed a committce pursuant to the second
resolution. THE PRESIDENT'S MESSAGE.
Mr. Harrison, Mr. Tallmadge, Mr. Blount, Mr. The House baving resolved itself into a Com- Roane, Mr. Taul, Mr. Hungerford, and Mr. Marsh, mittee of the Whole, on the state of the Union, were appointed a committee pursuant to the third Mr. Nelson in the Chair, the following subdi- resolution. vision and distribution of the President's Mes. Mr. Pleasants, Mr. Betts, Mr. Culpeper, Mr. sage was made by several resolutions offered by Lovett, Mr. Robertson, Mr. Stearns, and Mr. Mr. Taylor of New York, adopted by the Com-Clendennio, were appointed a committee purmittee, and concurred in by the House :
suant to the fourth resolution. 1. Resolved, That so much of the Message of the Baer, Mr. Woodward, Mr. McCoy, and Mr.
Mr. Thomas, Mr. Griffin, Mr. Adgate, Mr. President of the United States as relates to the sub- Fletcher, were appointed a committee pursuant ject of Foreign Affairs, and to our commercial inter
to the sixth resolution. course with British colonial ports, be referred to a select committee.
Mr. Pitkin, Mr. Calhoun, Mr. Hopkinson, Mr. 2. Resolved, That so much of the President's Mes. McKee, Mr. Hale, Mr. Crawford, and Mr. Clarke, sage as relates to Military Affairs, be referred to a
of New York, were appointed a committee purselect committee.
suant to the seventh resolution. 3. Resolved, That so much of the President's Mes
Mr. Wilde, Mr. Wright, Mr. Breckenridge. sage as relates to a re-organization of the militia, be Mr. Herbert, Mr. Powell, Mr. Birdsall, and Mr, referred to a select committee.
Heister, were appointed a committee pursuant to 4. Resolved That so much of the President's Mes the eighth resolution.
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mind might be tranquillized; that the greal mass Mr. Pickering, Mr. Comstock, Mr. Condict, of inflammable matier which was afloat might be Mr. Tucker, Mr. Taggart, Mr. Cilley, and Mr. decomposed and rendered harmless; that hobby Hooks, were appointed a committee pursuant to riders may be dismounted, and popularity-traps the eleventh resolution.
put flat on the surface; for he pever intended, if Mr. Lowodes, Mr. Bassett, Mr. William Wilo he could make any other shift, to ride the one, or son, Mr. Ruggles, Mr. Forsyth, Mr. Bennett, and set the other. He claimed the indulgence of the Mr. Tale, were appointed a committee pursuant House, to explain to them what be intended by to the twelfth resolution.
his motion. He had heard of a variety of comMr. Calhoun, Mr. Webster, Mr. Hulbert, Mr. pensation bills, so called, and it was necessary to Whiteside, Mr. Hardin, Mr. Townsend, aod Mr. identify the one he intended to embrace by his Glasgow, were appoinied a committee pursuant motion. He did not intend a repeal of a compento the fourteenth resolution.
sation bill, which gave to members of Congress
fifteen hundred dollars per session, whether extra COMPENSATION LAW.
or the great annual session, pointed oul by the Mr. JOHNBON, of Kentucky, said that he had, Federal Constitution, by which each member on all political occasions consulted his best judg. could draw as many fifteen hundred dollars as ment, 'aod he had always voted with a view the sessions in which he served; no such bill can to promote the interest, and support the honor be found upon the Journals of the House. He and rights of those who had, by iheir suffrages, did not intend a repeal of that compensation bill given him a place upon the floor of Congress which allowed members of Congress fifteen huo. That he had expressed the sentiments of his con- dred dollars per annum, whether present during stituents, and his conduct had generally been ap- the session, or absent, at home, or elsewhere, on probated and sanctioned by them; tbat this coin-their own business. Such con, pensation law cancidence of political views, and confidence in his not be found in the statute book. He did not wishes for their happiness and prosperity had left intend a repeal of that compensation law which him at liberty to pursue his own course of con- had given io the members of Congress six dollars duct. That, notwithstanding this state of things, a day until its passage, and then the fifteen hunhe bad always believed in ihe right of instruc- dred dollars. He had nothing to do with such a tion; and, at any time during his political course, measure, as no such measure had been sanctioned he should have considered himself both honored by Congress. He did not intend a repeal of that and bound by the will of his constituents; the compensation law which violated the Constitupature of the trust implied a duty, on the part of tion, for he had never given a vote upon any such the Representative, that he will consult the bap- measure, although he well knew that a rejected piness, and carry into effect, as far as he knows amendment to the Constitution had been pubit, the will of those who elect him.
lished as a part of that sacred instrument, to induce That, notwithstanding the discontent that had a belief that avarice had driven Congress from mapisested itself in many parts of the United the path of duty. He had nothing to do with States, and in his own district, he was left to take these and other compensation bills
, so called, that course which honor and duty dictated; and which existed only in the visions of fancy, ihe that, so far as he could infer the will of his con- colorings of party, and the misrepresentations of stituents, it should have a controlling influence faction, and these misrepresentations, with other upon his miod; because the want of written in- causes, had combined in a manner so powerful struction did not weaken the binding efficacy of and so forcible, to excite the jealousy of the peothe great fundamental principle to which he al- ple. Nothing less could have excited in such luded. The want of a written impression may, a degree their suspicion and displeasure against by possibility, mielead the best among us; of their Representatives, inducing them, in many course, that would give a high claim to indul. cases, to withdraw confidence, under every congence. On this subject, he had no doubt he should cession, and refusing explanations from publie meet the sanction and the approbation of those servants who had never deviated before. He inhonorable and patriotic men, who, notwithstand-tended, by his motion, to repeat a compensation jog all his faulis, had continued their confidence law, which gave to members of Congress a gross in him. Many considerations had entered into sum of fifteen hundred dollars for their services, bis mind in making a motion for a committee to provided they discharged, with fidelity, every day inquire into the expediency of repealing the com- of every session, the duties of Representative, and pepsation law. One object, was to gratify that not otherwise, whether one or more sessions durportion of his constituenis wbo were opposed 10 ing the Congressional year, in lieu of the six dolThe measure. He said a portion of his constitu. lars per day ; a compensation law which placed enis, because he well knew that many, very many, them on an equality with the Sergeant-at Arms, of his political friends, were in favor of the meas the Duorkeeper, the Assistant Doorkeeper, the ure, both as to mode and amouol; some were de Chief Clerk, and the Engrossing Clerk; and, on sirous that an experiment might be made, oibers a footing, in a pecuniary point of view, of balf as disliked the mode, but do not object to the amount much as we give to the Clerk of the House; a