general appropriation act of the last session. At the close of the last session, an act had passed appropriating money for defraying the expenses of the Commissioner's office, but even that act made no appropriation for paying the judgments of the Commissioner.

DECEMBER, 1816.

a resolution. As to the language of the President in respect to the act, it amounted to no more than this; that, there being some doubt of the proper construction of the act, he had recommended to the Commissioner to forbear further decisions under a particular part of it, until ConMr. YANCEY, of North Carolina, expressed his gress should have acted on it. He should not opinion that this object belonged to the Com- presume, he said, that the President had ordered mittee on Public Expenditures, rather than to the a public officer to suspend his official duties; to Committee of Claims, to whom the President's do which he has no more power, said Mr. W., Message thereon had been referred. If the fact than I or any other member of the House or of the was as represented, that the public money had community. It was made by an act of Congress been paid from the Treasury without an appro- the business of the officer referred to, to perform priation, it would certainly fall within the province certain specific duties required by that act; and of that committee to inquire. As a member, how- the repeal of the act only could suspend his official ever, of the Committee of Claims, he should sub- functions, or take away the right given by the mit to the judgment of the House in this respect; act to individuals in certain cases, the existence although, had he conceived the subject properly or justice of which was to be decided by a judge to belong to them, he should before now have in- specially constituted for the purpose. If the troduced it to the notice of the House. The second question were as to the faithful execution of the resolution proposed by Mr. FORSYTH, Mr. Y. con- law, the inquiry may be confided to a committee ceived to be wholly unnecessary; especially as of the House; if whether the law be a wise one, he understood, from the President's Message, that it was for the House to decide, on examination, the execution of that part of the act which whether it required modification or repeal. It was objectionable, had already been suspended, was a serious question, in point of right, whether and would continue so until the House should the President could be requested by this House act on the subject. If the President had susto enjoin a public officer not to execute the duties pended the operation of the act in one particular, of his office, in the creation and appointment of he would in others, if he thought the public in which the other branch of Congress had a hand terest required it. Mr. Y. said, he saw no rea- as well as this. All the purposes desired would son why the House should call upon the Presi- be answered by the adoption of the first resoludent to discharge a duty, which he had shown tion, especially if that also was adopted (proposevery disposition to perform without such inter-ing an inquiry into the Commissioner's decisions,) position. Mr. Y. repeated, taking his seat, that which now lay on the table. this business appeared to him to belong properly to the Committee on Expenditures.

Mr. DESHA, of Kentucky, said he fully agreed with the gentleman last up. The first and third resolutions he thought correct, but the second unnecessary, and was, therefore, opposed to it. No danger was to be apprehended to the public interest, from the execution of any other part of the act than that which had been suspended; whilst, on the other hand, great injury would result from a total suspension of the execution of the act to those individuals, who had claims before the Commissioner of a minor character, which did not come under the objectionable provision of the act. Was it at all necessary, Mr. D. asked, after the great trouble which the claimants of this character had taken to substantiate their claims, that their examination should be suspended, because a part of the act, not at all affecting them, was incorrect? He hoped not. He flattered himself that, on this view of the subject, the gentleman from Georgia would agree with him, and withdraw the second resolution.

The question having been taken on the first resolution, to which there was no opposition, the question on the second was propounded from the Chair.

Mr. WEBSTER, of New Hampshire, said, he hoped the honorable gentleman would not press this resolution. It was very questionable indeed, in his mind, whether the House could pass such

Mr. FORSYTH said he did not pretend to enter into the question of the power to suspend the execution of the law; nor was it necessary as to the law in question, the execution of a part of which had already been suspended by the President. If he had the power to suspend a part of the act, without the request of the House, he had the same right to suspend the whole with or without their request. Mr. F. hoped, therefore, the resolution would be adopted. The act itself, he said, was of a very peculiar nature; he had himself been opposed to its passage; but few gentlemen had coincided with him in opinion. He thought it ought not to have passed; and the execution of it had not made him more favorable to its provisions. The main objection to it was, that it gave to the Commissioner the final judg ment on all claims submitted to him; that his judgment entitled the party, without appeal, to payment at the Treasury. It appeared, from the Message of the President, either that the act was defective, or that the Commissioner had extended his power beyond the proper limits. Mr. F. therefore wished the execution of the law suspended, because with regard not only to the part of the act referred to by the President, but to all the sections of the act, the same spirit may prevail. The wish of Mr. F. was, that the act should be reviewed, or at least that part of it which gives the Commissioner the entire control of the public funds, as far as concerns these claims. Vast injury might result to the United States, if he was

DECEMBER, 1816.

Commissioner of Claims.

H. of R.

suffered to go on. However incorrect his decis-have been cases decided, in regard to which the ions, the money paid away is beyond our control, evidence ought to have been sifted more nicely. and these claimants receive money from the Uni- Mr. YANCEY moved that the resolution should ted States in defiance of our authority. With lie on the table. He said he could not see the this view, Mr. F. said, he wished the act sus- necessity of going out of the usual course of lepended, without reference to the manner in which gislation to adopt it. If the gentleman knew of the authority given by it had been exercised. any pending decisions of an improper character, Mr. P. BARBOUR, of Virginia, said, that if the and requiring the suspension of the act, the quesHouse acted at all in the manner proposed by the tion would present itself differently; but, for one, second resolution, it must be jointly with the Mr. Y. said, he could not vote for this motion Senate. If the suspension of the law be request- till he heard some evidence to that effect. ed, it is, for the time being, suspending the act; it is legislating on it anew. Mr. B. had no objection to the temporary suspension of the act, but wished to see it done in an unobjectionable

form.

Mr. FORSYTH expressed his hope that the House would not conclude, with the gentleman from Kentucky, that because he (Mr. F.) had been opposed to the passage of the law, at the last session, he now wished to suspend it. It was the law of Mr. JOHNSON, of Kentucky, said, that as the the land; and when it became so, his opposition member who had introduced this motion had to it ceased. My only object, said Mr. F., is to candidly expressed to the House his opposition to add to it such provisions as shall prevent the the law (at the last session) to be confirmed now, Commissioner, if he be desirous to do so, from there was no inconsistency in his wishing to sus- mistaking the provisions of the act. My object pend by resolution, now, an act which he could is to limit and define it, that it cannot be misinnot at at the last session suspend by his vote or terpreted. With respect to the facts which have arguments. In consequence of its embracing a come to my knowledge, I have no information of large class of cases, some of a doubtful nature, such a character as will authorize me to bring it the President had advised the Commissioner to before the House: if I knew the facts, I should suspend the execution of one section of the act; have stated them in my place, and not called and the question was yet to try before this House, upon the President for them. The President had whether proper ground had been taken by the already stated to the House, Mr. F. observed, Commissioner, or not, in respect even to that that he had reason to believe there had been, or section. But had the President opposed the de- would be, an erroneous construction of the law. cisions of the Commissioner under any other part The great difficulty was, that the control of a of the act? If we go on the principle of may-be single commissioner was complete and final over mischiefs, said Mr. J., the gentleman might as the admission and amount of the claims. I wish, well lay before this House a resolution to sus- said Mr. F., that the Treasury of the United pend our own powers, or those of any other de- States should not be open to the decisions of the partment or branch of the Government, lest injury Commissioner; I wish to secure the Treasury might grow out of them. I ask the gentleman from the result of error or corruption in the adwho introduced a resolution so much affecting judication of these claims. So far as I am inmy constituents, whether he would legislate on formed, the Commissioner has not made any corthis principle? Mr. J. said he had himself super- rupt decisions; but I believe he was about to intended three hundred cases of claims, to come have made very erroneous decisions. I wish, in before this Commissioner, the aggregate amount short, that we may give to some department the of which was not fifteen thousand dollars-not a power of revising all the acts of the Commispeppercorn to the claims from other parts of the sioner; that he shall not have full power to disUnited States. Why should the decision of such pose of the public money. claims be arrested? It was a novel principle of legislation to suspend the execution of a law because it is possible mischief may arise, or because one was originally opposed to it. If the gentleman would put his finger on a case in which injury was likely to be done to the United States, Mr. J. said, he would take the gentleman's word for it, and bow with submission to his proposition to suspend the law. Until such a case was pointed out, he would not vote to recommend to the President his duty. Had he been wanting in it? As he had recommended the suspension of judgments under one part of the law, was it not presumable that he would have included others if necessary? The cases of horses lost, &c., came literally and unequivocally under the law; but he freely avowed his opinion that, in all cases it would cover, the law ought to have a liberal construction. If such had been given to it, he did not disapprove it; though there might possibly

Mr. WEBSTER said he was bound to infer that the course of conduct which the President pursued was such as he had authority to pursue; and he had no right to order the officer in question, or any other judicial officer, to suspend the execution of a law. The President had no doubt advised the officer to suspend his decisions on certain cases; but the proposition in the resolution is to do something more than advise, if it is to do anything at all. Mr. W. submitted to the House whether it ought to pass such a resolution? He did not say whether it would have any binding force on the officer-he did not think, however, he would disregard it; but, suppose the Senate should think differently from the House, and request the President to give a direction to the Commissioner to go on. It was a mistake to suppose that the President could suspend a law on the request of any one branch of the Legislature. Mr. W. said he never had been a friend to

the law in question; he thought it an extraordinary power to give to an individual to sign away as large an amount as the whole land tax for a year, without a power being reserved to control his decisions. But the only remedy is to repeal or modify the law. He was, he said, altogether against making a nugatory interference by a resolution which nobody was bound to regard, nor, he believed, at liberty to regard.

The question was then taken on laying the second resolution on the table, and decided in the affirmative without a division.

The third resolution was taken up, and agreed to without a division.

Mr. WILLIAMS, of North Carolina, then called up the resolution which he laid on the table yes terday, for the appointment of a committee to inquire into the decisions of Richard Bland Lee, Esq., Commissioner, &c.

The House having taken up the resolution, and the mover modified its phraseolgy

DECEMBER, 1816.

the duties of the Committee on Expenditures; but did not move an amendment.

No objection being made to the resolve, it was agreed to without a division, and a committee ordered to be appointed accordingly.

Messrs. WILLIAMS. CREIGHTON, MCKEE. MILLS, JEWETT, SMITH of Virginia, and W. P. MACLAY, were appointed the committee.

ADMISSION OF INDIANA.

A resolution from the Senate, in form of a joint resolution, declaring the admission of the State of Indiana into the Union, was received, twice read, and referred to a Committee of the Whole on the state of the Union.

Some conversation took place on the propriety of taking it up to-day, which was advocated by Messrs. HARRISON and LOWNDES, who considered the resolve as a matter of form merely, and opposed by Messrs. HARDIN and TAYLOR, of New York, who regarded it in a different light, and argued that so solemn an act as pronouncing on the character and republican principles of a State constitution, ought to be more deliberately considered than was proposed. The motion for to-day did not prevail. After ordering the constitution of the new State to be printed, the House adjourned.

MONDAY, December 9.

Five other members, to wit: from Pennsylvania, WILLIAM PIPER and JAMES M. WALLACE; from Maryland, STEVENSON ARCHER and CHAS. GOLDSBOROUGH; and from Virginia, DANIEL SHEFFEY, appeared and took their seats.

admission into the Union as a State, was referred to a select committee; and Messrs. LATTIMORE, ROBERTSON, DESHA, TUCKER, HARRISON, PITKIN, and TALLMADGE, were appointed the committee.

Mr. W. said, that as neither of the resolutions just agreed to embraced the object he had in view, he must advocate the passage of this resolution. He considered the inquiry important to the country, to the constituents of the members on this flour, and to the judicial character of the gentleman whose official conduct was the subject of it. Mr. W. said he had heard many reports unfavorable to the decisions of that officer. If they were true, he had certainly acted in a manner different from what had been expected of him at the time he was appointed. If untrue, the inquiry was necessary to restore his official char acter to the confidence it ought to have. As it might conciliate the votes of gentlemen for his On motion of Mr. LATTIMORE, the petition of proposition, he would mention one or two in the Legislature of the Mississippi Territory, prestances of what appeared to him incorrect decis-sented on the 27th December, 1815, praying for ions, of which he had been informed by common report. When the British entered this city, he said, they destroyed a house of Mr. Carroll, and another of Mr. Ringgold. The owners of these houses, from what he had heard, were not entiMr. FORSYTH rose, and called the attention of tled to reimbursement of their losses. But to the House to the reconsideration of a resolution Mr. Carroll had been adjudged $27,000, as the [the third] adopted, on his motion, on Friday value of his house; and to Mr. Ringgold $17,000 last; the object of which was, to inquire of the for his. The decisions of the House had been Executive by what authority the judgment of uniformly against this class of cases; and, if the the Commissioner of Claims had been paid. He decisions of Mr. Lee were wrong, they called for was, he said, altogether mistaken in supposing the interference of this House. The inquiry that the act establishing the office contained no could do no injury to Mr. Lee or to the country. appropriation for paying the claims, as, on subseWith that gentleman, Mr. W. said, he had no quent examination of the act for another purpose, acquaintance; but he was happy to state that his he had discovered. The mistake originated from character was such as to forbid the idea of col-a consultation of the marginal notes to the law, lusion with the claimants. He might have, nevertheless, decided incorrectly; and as the House could not rejudge his decisions once made, it was proper that they should be correct-into which it was his object to inquire. If he had decided correctly, it would be so reported by the commit-ering it. tee; if not, the committee might recommend a repeal or modification of the law, or a removal of the officer, &c.

Mr. PICKENS, of North Carolina, suggested that the object of his colleague would fall within

and to the several appropriation laws of the last session, from which he could not discover that an appropriation had been made. As the resolution had not been presented to the President, he hoped the House would indulge him in reconsid

The House having agreed to reconsider the resolution, [the third,] it was withdrawn by Mr. F.

On motion of Mr. BROOKS, a committee was appointed to inquire what amendments are necessary, if any, in the act, entitled “An act grant

Vaccination-Admission of Indiana.

On motion of Mr. EDWARDS, the Committee on Military Affairs were instructed to inquire into the expediency of making some provision for the widows of such soldiers as enlisted in the late war for the term of five years, or during the war. On motion of Mr. TUCKER, the Committee on Roads and Canals were instructed to inquire into the expediency of providing, by law, for the conNo debate took place on the resolution, which struction of a turnpike road from Winchester, in was reported to the House, and ordered to a third Virginia, to unite with the Great Western Turn-reading. It was accordingly read a third time, pike at Carter's, at the foot of the Alleghany and passed, unanimously. mountain.

The Clerk of the House having put the question on this motion, it was carried, nem. con.

WEDNESDAY, December 11.

Two other members, to wit: from New York, ERASTUS ROOT; from South Carolina, HENRY MIDDLETON; appeared and took their seats.

The SPEAKER presented the petition of Rufus Easton, contesting the seat of JOHN SCOTT, as the delegate for the Territory of Missouri, and praying to be admitted to a seat in the place of said Scott.-Referred to the Committee of Elections.

DECEMBER, 1816.

money mentioned in the first section of the said act to the said Joseph Stewart, his attorney, or assignee, for the benefit of himself and his associates; and also for the purpose of correcting a misnomer in the third section of the said act.

The SPEAKER laid before the House a letter from William Mayrant, informing that he had transmitted to the Governor of South Carolina a resignation of his seat as one of the members of this House for that State.-Ordered to lie on the table.

On motion of Mr. SCOTT, the Committee on Public Lands were instructed to inquire into the expediency of making further provision by law for the final adjustment of land claims in the Missouri Territory, and of transferring the final settlement of those claims to the register and receiver of said Territory, together with some third person, to act as a Board of Commissioners for the same.

The SPEAKER laid before the House a letter from the Acting Secretary of War, transmitting the report of the commissioners appointed to mark and survey a road from Reynoldsburgh, on the Tennessee river, through the Chickasaw nation; which was read and referred to Messrs. REYNOLDS, SHARPE, CREIGHTON, GRIFFIN, and BAER. Mr. FORSYTH moved for the consideration of Mr. TAYLOR, of New York, from the Commit- his motion for requesting the President to order tee of Elections, made a report in part on the cer- the further execution of the claims' law to be sustificates of election, and other credentials, of sev-pended till Congress should have acted on it. eral of the members, which was read and laid on the table.

On the question to proceed to consider the same, it was decided in the negative.

Mr. YANCEY, of North Carolina, from a select committee, reported a bill for the relief of Na-lution in the following words: thaniel Williams; which was twice read and committed, and was subsequently ordered to be engrossed for a third reading.

Mr. HUGH NELSON, of Virginia, moved a reso

Mr. JOHNSON, of Kentucky, from the Committee on Military Affairs, reported a bill for the relief of the infirm, disabled and superannuated officers and soldiers of the Army of the United States of the Revolutionary war and of the late war, and of militia disabled in the late war. [This bill contemplates the establishment of a corps of invalids.] The bill was twice read and committed.

Resolved, That the Military Committee be instructed to inquire into the expediency of making provision for the widows and orphans of those militia who, after their return home to their place of residence, may have died of diseases contracted whilst in the service of the United States.

The necessity of this motion being questioned by Mr. CONDICT, on the ground of the law of the last session embracing such cases

It was supported by Messrs. HUGH NELSON, P. P. BARBOUR, and BURWELL, of Virginia, who stated that the law of the last session embraced the cases of those dying on the road bome, but did not include the cases of those who reached their own doors before they fell a sacrifice to disease.

The motion was then agreed to, nem. con.
CONSTITUTIONAL AMENDMENT.
Mr. PICKENS, of North Carolina, rose to pro-

On motion of Mr. FORSYTH, the Committee of Ways and Means were instructed to inquire into the propriety and expediency of allowing to the State of Georgia fifteen per centum out of her quota of the direct tax of 1816, assumed by the State and paid at the Treasury of the United States within the time prescribed by law-the usual abatement not being allowed at the Treasury, in consequence of the omission of the Gov-pose an amendment to the Constitution of the ernor to give notice of the State's assumption within the time prescribed by the act of Congress. The SPEAKER laid before the House a letter from the Commissioner of the General Land Office, transmitting the reports of the land commissioners for the eastern district of Louisiana, of the commissioners of the Missouri Territory, and of the recorder of the land titles in the same Territory, being eleven bound volumes.-Referred to the Committee on the Public Lands.

On motion of Mr. GOLDSBOROUGH, the Committee on Naval Affairs were instructed to inquire ito the expediency of passing a supplement to the law passed at the last session of Congress, entitled "An act authorizing the payment of a sum of money to Joseph Stewart and others," for the purpose of authorizing the payment of the sum of

United States; on which, having on former occasions expressed his views, he would now only remark, that only once had the question ever been really tried in this House, and that was at a moment of great public embarrassment, not favorable to a mature deliberation on its merits. This was the first fair occasion of presenting the subject fully for consideration. Several of the States had, since the first agitation of the question in the House, given to the proposition their sanction and recommendation, among which were Massachusetts, North Carolina, and Virginia; and it had, at one session, received the sanction of the Senate of the United States. If ever there was a period favorable to a proper amendment of the Constitution, it was the present moment, when we are literally at peace, at home and