tained, or whether the decision of the claims should be left to the Department of War, &c. But he was anxious they should not be thrown back on this House, who, he said, were incompetent, not from their mental composition, but from their physical character, to decide on a mass of claims. He complained of misrepresentation of his language on this subject, in a former debate, as though he had reflected on the character or dignity of the House. He was glad to find, he said, that the dignity of the House had got into the hands of his honorable colleague from Kentucky, (Mr. HARDIN,) where he hoped it would remain untarnished. Did it detract from the dignity of this House, to say that they were not competent to Executive as well as Judicial administration? If they were, whence the principle now established as an axiom in all well regulated governments, that there should be a marked division of duties between different departments? Mr. C., after showing, from the organization of the House, the impracticability of acting on large classes of cases of private claims, adduced several instances in which, under our Government, Congress, acting on that presumption, had appointed commissioners for deciding on claims and adjusting accounts. With regard to the expression, to which gentlemen had taken so great exception, that the right of petition was a mere right to have a petition rejected, Mr. C. said it was not to be taken as universally true, for some few claims were occasionally allowed; but with regard to numberless claims, there was either a denial, or a protraction equal to a refusal of them. Not that the House was not disposed to do justice; but, from the constitution of the body, and from the multiplied duties of a public and higher nature they had to discharge, it was impossible to give due consideration to all private petitions. This position he illustrated by à reference to the report of the committee of investigation into Mr. Lee's decisions, who declined the task because of its laborious character. If a committee could not even look at the testimony in these cases, how could a body of a hundred and fifty members have passed on these claims during this session, as they might have been petitioned to do, had no commissioner been appointed? Returning to the question on the 9th section, Mr. C. said, if a house was conflagrated in a city, the spontaneous bounty of individuals was awakened, and the distress relieved or alleviated by voluntary contributions; and, yet, in the case of a war prosecuted with so much advantage, honor, and fame to the country, the total loss of property in which did not exceed a million or a million and a half of dollars, we will not afford relief, because, according to certain speculative notions, we are not bound to do it! If the nation were in a state of poverty, the reasoning might have weight; but it was otherwise-there was a surplus in the Treasury. What invidious comparisons, he asked, would not the suffering citizen on the Niagara make between the British Government and ours, when he can pass in a canoe the narrow strait that separates us, and JANUARY, 1817. find an investigation of the claims for all losses, with an implied promise to indemnify the sufferers? What a parallel will he draw between even his own State, stepping forward and granting him partial relief, and the General Government refusing it! I know, said Mr. C., in conclusion of his animated speech, it has been intimated that the sufferers may come individually to Congress for redress; but what chance has the poor man who has lost his all, or without means to pay heavy expenses, to come here session after session, and at last perhaps never succeed in establishing his right? No, sir, said Mr. C., it is not inconsistent with our dignity to refer the decision of these claims to another tribunal than this House: legislate as becomes you, and then indeed you will consult the dignity of the House and the character of the Government. Mr. CALHOUN, in reply to Mr. CLAY, said, that he had not understood the proceeding of the British Government on the Niagara frontier as an implied promise to indemnify the sufferers, but rather as an examination into the nature and extent of the loss, to be laid before the Government for its consideration-a proceeding very proper, even for this Government in similar circumstances. As to the conduct of the Emperor Alexander, to whom the Speaker had in a former debate referred, he said it was also very doubtful what was the object of his visit to the interior, whether for the purposes of munificence, as reported on the one hand, or for the administration of justice and inflicting punishment, as reported by others. Be it as it might, in either of these cases, Mr. C. said, we ought not to go abroad for examples, but to regulate our conduct by the rules of reason, wherewith he could not suppose the people would be dissatisfied. Mr. C. said, he was glad to hear the Speaker's explanation in regard to the insensibility of this House to petitions, and that he had referred to a mere physical inability to decide on these claims; an objection which could be easily obviated by raising other committees one, for instance, for the claims from the Canadian frontier, another for those from the South, &c. He was glad to hear that the Speaker did not mean to impute to the House hardheartedness, of which construction his remarks had been susceptible. Notwithstanding the remarks since made, Mr. C. said, the position taken by him a day or two ago, and so very ably supported to-day by Mr. BARBOUR, remained unchanged; for, if he understood the qualifications of the Speaker, they denied the rule, leaving the question of remuneration to sufferers one of mere expediency. Mr. C. repeated his objection to the rule laid down by Mr. CLAY; that if established, all distinction between public and private property in war would be obliterated. As to the restraint of the laws of war, Mr. C. said, that even in the late war, the rules of civilized warfare had not been observed by our adversary to their full extent. If we were to destroy the distinction between public and private property, my word for it, said Mr. C., you would find the effect of it in any future war. Mr. C. urged the importance of adhering, in this respect, to established principles; for which reason, cases coming under the ninth section should be left to this House, that it might at once establish the rule, and decide the cases. A strict application, he said, of the rule of the law, as it exists, would not embrace many just cases, and for this reason also Congress ought to decide them, having the power to enlarge the rule. In all that had been said in favor of retaining the 9th section, a wish had been expressed, that the rule of the decision made on claims in this District, should prevail through out the United States. Mr. C. entered his protest against it; he believed those decisions did not come within the letter of the law, within the spirit of the law, nor within the rules on which the country ought to act in this case. H. of R. the funds of the corporation of that city, towards- Mr. HARDIN moved that the Committee on Military Affairs be instructed to inquire into the expediency of allowing pay and compensation to the mounted volunteers who, in the year 1813, served in the expedition to the headwaters of White River and the Wabash, under the command of Colonel Russell. Mr. H. recapitulated the merits of the corps his resolution referred to, their services and sufferings, and the causes why their exertions were not more efficient or more brilliant. Mr. HARRISON rose to testify to the alacrity of the corps, and the importance of the services they rendered, as well as their hardships and deserts. After which, the motion was agreed to. Mr. BARBOUR replied to the SPEAKER. As for indemnity for losses by an enemy, in consequence of the omission of the Government to protect the property of the citizen, such cases ought to have been provided for in the Treaty of Peace at the termination of the war. But, without such provision, the Government was as much bound to in- On motion of Mr. IRVING, the Committee of demnify for losses by private robbery, as for losses Ways and Means were instructed to inquire into by public robbery, to which he likened the de- the propriety of amending by law that part of the struction of houses, &c., private property, by an fifth section of the act entitled "An act to regulate enemy. An enormous debt of justice, he said, the duties on imports and tonnage," which is in arising from the Revolutionary war, yet remained the following words: "and in all cases where an unpaid; countless millions of various losses. Head valorem duty shall be charged, it shall be did not say he would go back and remunerate those sufferers, but, if the House were to allow claims from considerations of liberality, as now urged, they certainly ought from those of justice. Mr. B. defined justice and liberality, concluding by saying that the Government ought to pay all such claims on it, as, if suable, it would be compelled in a court of law to pay. With regard to the small claims under the act of last session, he was willing to turn them over to the War Department; but in regard to cases of large amount, depending on the construction of the rule, they ought to come before the House. At sundown, Mr. WRIGHT announced his desire to make a few remarks; and, on his motion, the Committee agreed to rise, by a small majority; and the House adjourned. TUESDAY, January 7. Mr. ARCHER submitted the following resolution, which was read, and ordered to lie on the table. 6 'calculated on the net cost of the article at the place whence imported, (exclusive of packages, 'commissions, and all charges,) with the usual addition, established by law, of twenty per centum on all merchandise imported from places beyond the Cape of Good Hope, and ten per centum on articles imported from all other places." The SPEAKER laid before the House a Message from the President of the United States, received yesterday, communicating the annual report of the Director of the Mint. The bill for the relief of Henry Malcolm (ordering an allowance in his public accounts for certain money lost in the mail) was taken up, and, after a short discussion, it was ordered to be engrossed for a third reading. Mr. ROBERTSON laid before the House sundry reports in relation to land titles in the State of Louisiana, transmitted to him by the Commissioner of the General Land Office; which were referred to the Committee on the Public Lands. The bill from the Senate "for the relief of the legal representatives of Ignace Chalmet Delino, Resolved, That the Committee on Military Affairs deceased, and of Anthony Cruzat, and L. P. Debe instructed to inquire into the expediency of allow-verges," was read twice, and referred to the Coming to officers who, during the late war, have been mittee of Claims. promoted from the ranks of the Army, the bounty land to which they would have been entitled in case they had not been promoted. On motion of Mr. TYLER, the Committee on Naval Affairs were instructed to inquire into the expediency and propriety of directing the application of the funds arising under the acts of Congress "for the relief of sick and disabled seamen," at the port of Richmond, in Virginia, in aid of A message from the Senate informed the House that the Senate have passed a bill, entitled "An act to authorize a new edition of the collection of laws respecting the public lands," in which they ask the concurrence of this House. Mr. YANCEY having moved to go again into Committee of the Whole, on the Claims' law, and the House refusing, Mr. Y. was more successful in a motion to discharge the Committee of the Whole from the further consideration of the said bill, which was agreed to. BANK OF THE UNITED STATES. Mr. FORSYTH called up the resolution submitted by him yesterday, to instruct the Committee on the National Currency to inquire "whether the President and Directors of the Bank of the United States have adopted any arrangement by which the payment of the specie portion of the second instalment can be evaded or postponed; and, if such arrangement has been made, the expediency of adopting some regulation by which the payment of the specie portion of the second instalment may be enforced at the time required by the act of incorporation, or within a limited time thereafter." JANUARY, 1817. Mr. FORSYTH was not satisfied with the reasons urged against his motion, nor were they applicable to it. He asked of the House to inquire whether the bank had postponed what was expected of it-whether it had departed from a duty required by its charter. He did not know that the arrangement alluded to had taken place; but if it bad, he denied that it was within the limits of the charter, or that the directors had any authority to adopt such a regulation; because it would be receiving, instead of specie, the notes of individuals, which the act did not permit them to do. Mr. F. said, the regulation had been called liberal; his objection was that it was too liberal for the act under which the directors performed their functions; he believed it exceeded their powers, and if it was adopted in such a manner as that all parts of the country could not partake of its benefits, it was also unfair and unjust. But until inquiry was made, and the precise state of the facts known, it could not be understood. For this reason he wished the inquiry made, and hoped the resolution would be adopted. Mr. Ross was in favor of the resolution, believing the regulation inexpedient as regards the public interest; because, although the bank might, by these discounts, do a good business without sending abroad a single note, the loans being made to those who would pay them in again, it would not at all promote the public interest or convenience. Mr. R. argued at some length in favor of the resolution, and to show that the regulation was improper and partial, and intended only to benefit the favorites of the bank. Mr. CALHOUN said, the House ought not to adopt this resolution, whether it regarded its own control over the bank, or justice to the institution. He denied that the facts suggested authorized the inquiry. The regulation adopted by the directors was, that loans might be had if stock to their amount was pledged for the faithful payment of the notes when due. This regulation, he contended, was a prudent one. Though by the charter dividends were withheld from those who failed to pay the second instalment, this penalty was no hold on the stockholders, because the dividends would be very small; and he was certain but little of the specie part of the second instalment would be paid in. The regulation of the bank would produce the payment of the greater part of the instalment, and was liberal as well as prudent. The bank, Mr. C. understood, commenced its Mr. CALHOUN replied to Mr. Ross and to Mr. operations on the first of this month; and it had FORSYTH. If the resolution was not offered on been stated at the last session, in debate on the a certain or even supposable state of facts, it was charter, that it would be obliged to give these ac- a good reason for rejecting the inquiry; the House commodations, as their notes would be the same ought never to proceed but upon facts at least as specie. Mr. C. thought the regulation fair and probable; in this instance it would be an act of just, because it put all subscriptions on the same caprice. But admitting as true the facts sugfooting, as all who deposited stock would be ena-gested, they did not justify the inquiry; because, bled to obtain a loan; but without it, a few stockholders in Philadelphia and New York, able to give security and obtain discounts, would alone have had the benefit of the aid now extended to all. It was also expedient, as without it there would have been a draft on the money market of the country of three millions of dollars, which would have produced at this time the most pernicious consequences. He repeated, that it was distinctly understood at the last session, that the second specie payment would necessarily be made by accommodations from the bank; and the House could not now say the directors had departed from the spirit or the provisions of their charter. The bank had gone into operation, and now having a will of its own, it had a right to adopt the regulation, if they perceived it was expedient. It had not been expected the specie capital would much exceed the amount of the first instalment, and the House had no reason to doubt the willingness of the bank to provide itself with an ample amount of specie, as it was notorious it had taken measures to procure it. He repeated his belief, that the resolution was unnecessary and improper. as he contended, the directors had acted consistently with their chartered rights; and he reminded Mr. FORSYTH that he had in 1815 objected to the bank bill, then discussed; that in the very nature of things, all the specie instalments would not be paid without accommodation from the bank. Mr. C. repeated his approbation of the regulation, from the impartiality it produced in the accommodations, and the unhappy effect a draft of three millions on the money market, would at this time have produced in the relation between paper and specie, which draft was obviated by the regulation. Mr. FORSYTH replied, that the information he had, was at least sufficient foundation for inquiry. True, he could not vouch for the facts, but he had sufficient reason to believe them to justify his motion. The fact suggested was that certain notes were received by the bank in lieu of the specie payment required by the charter. Whether this course was proper or expedient, it was impossible to say, without first making the neces sary inquiry into the subject. That the measure adopted by the bank was unauthorized by the charter, a single glance at the act of incorporation, he thought, would prove. It was not competent, he insisted, for the bank to receive any notes whatever in lieu of the specie instalment; and if they evaded one provision of the law, they might others. He wished, also, by an inquiry, to ascertain whether the alleged regulation had been adopted in time to permit a general participation in it; he believed it was not, and therefore that it would operate unfairly. H. OF R. course. He thought the mover of the resolution ought, before he brought it forward, to have been sufficiently informed to state what kind of stock was required by the bank in pledge. Mr. S. had at first been in favor of this inquiry, but subsequent reflection had changed his opinion. It might have a serious effect on the negotiations in England for specie, by producing alarm and a doubt of the inviolability of the charter, &c. He confessed he had not approved of the regulation at first, nor did he entirely now; but he did not think it any violation of the act of incorporation. The directors were very well satisfied, he believed, pay the instalment and forfeit their dividends, and the directors had consulted whether it would not be better for the bank to afford them accommodation, rather than that should take place. The result was nearly the same, and the two cases presented a distinction almost without a difference. He asked Mr. FORSYTH what was the difference between carrying specie to the bank to pay the instalment and paying in notes with one hand for which they might receive specie with the other? The directors, he said, had no doubt well considered the subject, and heard both sides of the question before they decided on their present course. They were bound by the charter to pay specie, and if they do that they do not violate it; if they fail in that, then it is competent for the House to interfere and inflict the penalty. He was opposed to the adoption of this resolution. Mr. GROSVENOR said the real question was, whether the bank had power to receive its own notes for the second instalment. The directors had shown no disposition to evade specie pay-that a great part of the stockholders would fail to ments. Look at the fact, said he. They have sent to Europe to obtain a large supply of specie, and have thus taken means to insure the payment of specie. After showing their willingness to comply with the injunctions of the laws, shall we, said Mr. G., go into the bank to disturb them? The bank was now negotiating largely for specie in England, and a trivial circumstance might create alarm there and defeat the negotiation. For that reason he thought the inquiry inexpedient. The bank had manifested no symptom of evading its duty, but had shown the reverse; had evinced a desire to lay a sure foundation for specie payments. The only way the bank could have avoided the regulation, was to have closed its doors, not to have commenced business until after the second instalment was paid, otherwise the subscribers would throw their notes in and get out the specie. He thought there were no grounds for the inquiry. Mr. WILDE declared himself in favor of the inquiry. He referred to the charter to prove that the regulation of the bank was unauthorized. If the directors could allow the specie instalment to be paid in this way, they might also permit the stock payments and all others to be evaded in the same manner. He was in favor of the inquiry, if for no other reason, to ascertain if the privilege had been extended impartially to the subscribers, and to all parts of the country. Mr. ROBERTSON read the 9th rule of the charter, which prescribes that the corporation shall not directly or indirectly deal or trade in anything except bills of exchange, gold or silver bullion, or in the sale of goods really and truly pledged for money lent, and not redeemed in due time, or goods which should be the proceeds of its lands; and that it shall not be at liberty to purchase any public debt whatsoever. Mr. R. asked whether this rule did not apply to the regulation adopted by the bank? whether the practice under that regulation was not trading in the public debt, and whether it would not violate this rule of the charter? He expected the House would often have to inquire into the conduct of the bank, and he was not unwilling to commence in this instance, where, he believed, they had proceeded improperly. Mr. CALHOUN thought the 9th rule of the charter, quoted by Mr. ROBERTSON, had no reference to the regulation referred to, and argued that the deposite required by the bank was not that dealing or trading which was prohibited by the rule. He considered the notes of the bank the same as specie, because they were convertible into gold and silver at pleasure. Mr. C. replied to Mr. WILDE and others, and said he was the more anxious that this motion should not be agreed to, as it was a leading case of inquiry. He thought if ever the House lost its control over the bank, it would be by disturbing them on trivial questions and occasions. He had the strongest conviction that this bank, backed by the Government, would in time bring about that great revolution in our currency, so much desired; that it required all the support of the Government in it, and he hoped that the House would not now interfere in the regulations adopted with that view. Mr. INGHAM had been at first disposed to favor the inquiry, but now thought differently; and argued at some length to show that the bank had adopted no regulation different from the ordinary course of other banks. The course adopted, and that which would have followed without it, were the same to the public interest, and did not in any way affect it. Mr. I. repeated substantially Mr. SMITH, of Maryland, said the pledge re- what he had reason to believe was the regulation quired by the bank was not known. He had un-adopted by the board of directors; it was, that it derstood it was to consist of the stock of the bank; would, from the 31st of December to the 23d of if so, Mr. ROBERTSON's objection would fail of January inclusive, discount on deposites of the H. OF R. Whole from i bill, which w 435 Mor R. BANK Mr. FORS ted by him on the Nat the Preside United St which the second in and, if st pediency the payr instalm by the time t HISTORY OF CONGRESS. de satte with a power of attorney to sell the the money to the discharge of the note. Mr. and lae directors, by aunexing a penalty Proceedings. lina, Clayton, JANUARY, 1817. Clendennin, Comstock, Condict, Conner, rison, Hawes, Hendricks, Huger, Hungerford, Irving son of Virginia, Kent, Langdon, Little, Lovett, Lump to the Root, Ross, Savage, Smith of Pennsylvania, Smith of abe put putting in a note for discount and/pell, Cilley, Clark of New York, Clarke of North Carostock of the bank at par, or of six per cent, stock/Bassett, Bateman, Baylies, Bennett, Betts, Birdsall, de l'ated States at ninety per cent, provided/ Blount, Boss, Brooks, Brown, Burwell, Caldwell, Chapmat ng the deposite of stock, should accompany Crawford, Crocheron, Culpeper, Desha, Edwards, ForMo sixty days from the first of January,syth, Gaston, Glasgow, Hahn, Hall, Hammond, Har¿H nự làe day the note becomes due,) and apply of New York, Irwin of Pennsylvania, Jackson, Johnmonalaca of the contract between the stockholders ing, Piper, Pitkin, Reed, Reynolds, Roane, Robertson, a kasher way, and that this regulation was a Mills, Milnor, Moffitt, Nelson, Parris, Pickens, PickerBught they might have arrived at their object/kin, Lyle, Lyon, Maclay, Mason, McLean, Miller, -payment of the notes when due; but that was Virginia, Southard, Taylor of New York, Tyler, amalier between themselves. As to the accom- Vose, Wallace, Ward of Massachusetts, Ward of New moava being extended to all parts of the coun-York, Ward of New Jersey, Wheaton, Whiteside, u. Jere were but one or two offices of discount | Wilcox, Wilde, Wilkin, Williams, and Willoughby.. 2000s to the extent considered fair and equal, Baer, Birdseye, Bradbury, Breckenridge, Bryan, Cady, Mr. ROBERTSON remarked, that what he had Creighton, Dickens, Findley, Fletcher, Forney, Gold, Dard from the gentlemen opposed to the resolu- Griffin, Grosvenor, Hale, Henderson, Hooks, Hulbert, to, had resulted in a complete conviction on his Ingham, Jewett, Kerr of Virginia, King, Law, Lewis, mand that the regulation of the bank was unau, Love, Lowndes, Maclay, Marsh, McCoy, McKee, Midby the 9th rule. Mr. R. argued further to show Noyes, Ormsby, Peter, Pleasants, Powell, Rice, Rugner unauthorized, and was a direct infraction of Taylor of South Carolina, Telfair, Townsend, Thomas that the regulation permitted a dealing in a man- Strong, Stuart, Sturges, Taggart, Tallmadge, Taul, not countenance from a fear of any alarm held | Yancey. the barter. It was a dereliction which he would | Wilson, William Wilson, Woodward, Wright, and likely to be produced in England or else Mr. adopt contr He inqu was am the te te tc h T yes opened, and it could not be expected that dis could be ait edected at them. thorized by the act; that it was Out as where. clearly prohibited Mr. Roor said they had been promised at the last session that the filthy rags with which the Country was NAYS-Messrs. Adgate, Alexander, Atherton, Avery, Calhoun, Cannon, Carr of Massachusetts, Champion, dleton, Moore, Moseley, Murfree, Jeremiah Nelson, gles, Schenck, Sheffey, Smith of Maryland, Stearns, WEDNESDAY, January 8. Mr. Vose presented a petition of sundry in infested, would be put to flight by / habitants of Nelson, in the State of New Hamp Mr. CHAMPION presented like petitions from this gigantic institution; but it had been foretold shire, praying that the mails may not be trans$1,400,000 in specie, and an amendment was that this bank would never have more than ported or opened on Sundays. made doubling the second specie instalment, that sundry inhabitants of the State of Connecticut. the bank might not go into operation on the first Referred to the committee appointed on a simiinstalment alone. It seemed that the reasonable lar petition, from the inhabitants of Southampton, expectations of Congress had not been fulfilled, in Massachusetts. and it was asked now to inquire into it; and this argued to establish, and to show that if it even Mr. CLAYTON presented a petition of sundry measures, and praying that this important sub rass the negotiations of the bank minister in Lon- their satisfaction at the recommendation to Coninquiry must be resisted, because it might embar-inhabitants of the United States, expressive of facilitate those negotiations, which opinion he the subject of an uniformity in weights and don. But he thought the inquiry would rather gress, by the President of the United States, of enhanced the price of specie in the country, that ject may not be suffered to languish, but that it would induce its greater importation and tend to may be carried into effect with as much expedirestore an equilibrium in its value. He argued tion as its nature will admit, and as its value and also to show that but for this regulation the sub-merits to the people of the present and future scribers would not be able to evade paying the generations require.-Referred to the Committee second specie instalment, and that the bank had upon the subject of Weights and Measures. in its adoption acted indiscreetly. Mr. Mr. LATTIMORE presented a petition of the GROSVENOR replied to Mr. ROBERTSON, members of the Legislature of the Mississippi and maintained that the pledges required by the Territory, praying that the said Territory may bank did not extend to that kind of dealing for- be erected into a State and Government, and adbidden by the charter; that the stock was re-mitted into the Union, on an equal footing with ceived as security only, and the question as to the original States.-Referred to the committee the legality of it could not properly arise until of the whole House, to which is committed the the bank undertook to sell the stock pledged. bill for the admission of the western part of the said Territory into the Union, as a State. After some further remarks from Mr. Ross, Mr. INGHAM, and Mr. FORSYTH, in support of their respective opinions, the resolution was adopted-ayes 89, nays 68, as follows: YEAS-Messrs. Adams, Archer, Baker, Barbour, On motion of Mr. REYNOLDS, the Committee on the Public Lands were instructed to inquire into the expediency and policy of amending the act entitled, "An act relating to settlers on the |