H. OF R.

MONDAY, April 22.

Mr. F. JOHNSON, from the Committee on the Post Office and Post Roads, reported a bill to establish certain post roads, and to discontinue others; which was twice read, and committed. Mr. SMITH, of Maryland, from the Committee of Ways and Means, reported a bill relating to Treasury notes; which was twice read, and ordered to be engrossed for a third reading.

[This bill provides: "That, from and after the passing of this act, no Treasury note shall be received in payment on account of the United States, or paid or funded, except at the Treasury of the United States."]

Mr. SCOTT, from the Committee on the Public Lands, to whom was referred a bill from the Senate to enable the holders of incomplete French and Spanish titles to lands in Missouri to institute proceedings to try the validity of their titles, &c., reported the same with sundry amendments; and the bill and amendments were referred to a Com

mittee of the Whole.

Mr. HARDIN, from the select committee, on the subject of retrenchment, reported, in part, a bill, the object of which is to reduce the Revolutionary pensions, for all grades of rank, from and after a given day in the year 1824, to four dollars per

month.

The bill, which, Mr. H. computed, would, if passed, effect a saving of $900,000 for the first year it got into operation, and proportionably thereafter, was twice read, and committed-Mr. H. giving notice of his intention to call up this bill, and the one previously reported by the same committee, on Wednesday next.

The House proceeded to consider the bill making appropriations to carry into effect a treaty made at Chicago, and a treaty made at Edwardsville. Whereupon, it was ordered that the bill be recommitted to the Committee of Ways and

Means.

Mr. BUCHANAN communicated to the House a resolution adopted by the General Assembly of Pennsylvania, requesting, for the reasons therein stated, that the fines imposed on the militia of that tions of the President of the United States, in the State, for non-compliance with certain requisilate war with Great Britain, may be transferred to the said State, with power to collect the same; which resolution was referred to the select com

mittee appointed by this House upon the subject

of said fines.

On motion of Mr. WARFIELD, a committee was appointed to report the best mode, in their opinion, of giving to the public a full and correct statement of the debates and proceedings of this House; and Messrs. WARFIELD, MERCER, SERGEANT, JONES of Tennessee, and GORHAM, were appointed

the said committee.

Mr. Scort submitted the following resolution: Resolved, That the President of the United States be requested to communicate to this House whether any, and, if any, how much revenue has accrued to the United States from the leases of lead mines in Missouri; whether any lease, promise, or agreement, is now in force for any lead mine in Missouri, and the

APRIL, 1822.

copies thereof, if in writing, and the substance thereof, if verbal, with all the terms, conditions, and stipulations, written or verbal, as well on the part of the United States, as on the part of the lessee, the quantity of land leased, promised, or engaged, to each person, their names and places of residence, together with the any; whether the said leases, promises, agreements, names and places of residence of their securities, if or engagements, if any, are in force, if not now in force, when will they be completed or put in force; whether such leases, promises, or engagements, have been made with or without public notice, and by whom on the part of the United States, and with whom on the part of the lessees, and their securities, if any. And also a copy of the regulations and instructions, if any have been made, for carrying into effect any law authorizing the leasing of lead mines.

The resolution was ordered to lie on the table one day.

Mr. BRECKENRIDGE endeavored to obtain a hearing of the bill for removing the district court of Kentucky to Louisville, by moving to discharge the Committee of the Whole from the further consideration of it, in order to bring it directly before the House. But the motion was opposed by Mr. J. T. JOHNSON, on the ground that that bill involved something like an affirmation of the propriety of giving to the courts of the United States jurisdiction over interior waters, navigable by boats only. Mr. B. denied that this question was at all embraced in it; but Mr. J. persisted in his opposition-and finally moved to discharge the Committee of the Whole from the bill from the Senate respecting admiralty jurisdiction, as well as that moved by Mr. BRECKENRIDGE. And the question being put in that shape, was decided in the negative. So the House refused to enter into the consideration of either of said bills.

Mr. RICH called for the consideration of a res

olution by him submitted on a former day, proposing to alter the rules of the House; but, the question being put, the motion was negatived.

Mr. BURTON called for the consideration of the

bill to repeal the existing law for the encouragement of vaccination, and the motion to take it up was agreed to.

Mr. BATEMAN moved to commit the bill to a

Committee of the Whole, which motion was opbill was ordered to be engrossed for a third reading. posed by Mr. BURTON, and negatived; when the

the bill to extend the jurisdiction of justices of the peace in the District of Columbia; which was agreed to be taken up-ayes 81.

Mr. WOODCOCK called for the consideration of

The bill, on motion of Mr. WOODCOCK, was then recommitted to the Committee on the District of Columbia, with directions to report a bill thereon, pursuant to an amendment that had been adopted by the House.

The SPEAKER laid before the House a communication from the Department of State, transmitting the annual statement respecting passenger ships and vessels; which, on motion of Mr. TOMLINSON, was ordered to be laid on the table.

The House again proceeded to consider the message of the Senate, notifying that they insist

H. OF R.

APRIL, 1822.

Mr. J. S. JOHNSTON replied, in opposition to the amendment, and was particularly adverse to placing the proposition as preliminary to, and in exclusion of, an appropriation to rebuild Fort St. Philip, for the defence of New Orleans, which he observed was the most weak and exposed point in the Union.

The debate was continued with considerable warmth and animation by Messrs. SERGEANT, SMITH, of Maryland, and BALDWIN, when the motion, after some prefatory remarks, by the mover, was withdrawn, with the view of proposing it in the subsequent progress of the bill.

The item for the repairs of the fortifications in the United States being under consideration

Mr. HILL moved to amend the clause in which it was contained, so as to include about $2,000 for an appropriation for fortifications at Portland, in the State of Maine.

After a few observations from Mr. J. S. JOHN

STON

Mr. COCKE moved to fill the blank with the sum of $15,000. He believed that sum was adequate to the contingencies for fortifications.

Mr. SMITH, of Maryland, and Mr. WALWORTH, respectively, explained the subject, when the question was taken on the largest sum $22,000, and lost; and, after some further remarks by Messrs. J. S. JOHNSTON and CoCKE, the question was taken on filling the blank with the sum of $20,000, and carried.

Mr. HILL renewed his motion to make a specific appropriation for the repair of the fortification at Portland, in Maine.

The motion was supported by Mr. HILL, and opposed by Mr. SMITH, of Maryland, and Mr. FLOYD, and lost.

The appropriation for the Ordnance department being under consideration, and an item for the purchase of ammunition being included

therein

Mr. CockE expressed his surprise at such a proposition, as he had learned from the chief of the Ordnance department that the magazines were already crowded with ammunition, and he adverted to the failure of the Executive to reply to a request contained in a resolution of the House at an early period of the session, for information in respect to loans of powder, &c.

Mr. Top contended that the Executive had furnished an answer to the inquiry to which the gentleman from Tennessee (Mr. COCKE) had alluded.

Mr. SMITH, of Maryland, remarked that the inquiry to which the gentleman from Pennsylvania (Mr. ToD) had referred, was not the same resolution to which the gentleman from Tennessee (Mr. COCKE) had adverted, but he was informed that the department was now employed in collecting the facts necessary to give an answer to it. But, at all events, he thought it necessary to bring that subject to bear upon the present-and after the word " ammunition," on motion of Mr. SMITH,

On the appropriation for the reparation of arms two sums were named, viz: $11,960 by the Committee of Ways and Means, and 27,585 by Mr. TOD.

In support of the latter sum, Mr. ToD observed, that last year, when the fit of economy came on, it discharged itself on this very appropriation, and, when $100,000 was asked for, nothing was given. The consequence was, that between three and four hundred workmen, composing nine-tenths of the whole, were dismissed from employment, and were compelled either to beg, or steal, or starve, or work on the public highways at twelve and an half cents per day. He thought, while we kept so many soldiers doing nothing, and while we had a force in the Pacific, that was more expensive than the profits of all that trade would amount to, it was really too much to dismiss these poor fellows, with their leather aprons, from our service, which the public interest required. If there was to be a reduction, he thought it was much better to discharge the band of musicians that were retained, he knew not for what-for he believed it was much the better to part with our fiddlers, than our laborers.

Mr. SMITH, of Maryland, presented a detailed view of the causes that had led the committee to recommend the lesser sum. He stated the repeated inquiries that had been made of the Ordnance department the answers that had been given in relation to the establishment at Greenleaf's Point, which were unsatisfactory in giving any thing like a full and clear exposition of the facts, and from which the committee were disposed to withhold a larger appropriation.

Mr. Top replied, and observed that the armories, &c., which belonged to the public, were managed with as much economy and fidelity as private establishments, and he was unwilling that the full weight of economy should fall upon those only who performed productive labor for the public.

Mr. WOOD observed that the situation of our arsenals and public stores was very little known. He had at an early part of the session presented a resolution to obtain information on the subject, and the committee to whom it was referred had neglected to report. He had no doubt there was disorder and confusion in that department, and he was not prepared to make any appropriation at all until the House was in possession of more information on the subject. The question was then put on the largest sum, as named by Mr. TOD, and lost; and the lesser sum, as recommended by the Committee of Ways and Means, was adopted.

Further appropriations having been agreed to

Mr. SERGEANT renewed his motion to appropriate $19,000 to complete the arsenal at Frankfort, Pennsylvania; and, after a few remarks in favor of the motion by Mr. SERGEANT, and in opposition to it by Mr. SMITH, of Maryland, the question was taken thereon and negatíved-ayes 46, noes 49.

vaccination for each and every State and Territory; but he was opposed to Congress itself establishing the agencies. In what manner, he asked, had the agency been conducted? In the city of Baltimore, the very seat of it, the small pox, that scourge of the human family, had prevailed to an extent greater than in any part of the United States. Was this not sufficient to convince any man that the institution had not been properly regulated? No man at this day doubted the efficacy of vaccination to prevent the small pox. Why had it not been prevented in that very spot which was the seat of the Vaccine Institution? It was because it was rightfully a subject of State regulation, and could not be properly regulated by the Government of the United States. This very agent, too, had sent the small pox matter into the interior of the country, where in all probability it would not have found its way for forty years, but for this agency. The British army, when it marched through that part of the country forty years ago, last communicated the small pox, and he thought it fair to presume that another foreign army was not likely to march through that country for forty years to come, to introduce it again. We had no wish for the small pox, said Mr. B., but it was sent to us in disguise; and this mistake alone was sufficient reason for the repeal of the law. And, after having done this, the agent came out with an address to the public about some new disease, varioloid he believed he called it, which was calculated to destroy all confidence in the institution, and vaccination itself. Afterwards, finding that this address was not satisfactory, he had come forward and acknowledged that he had sent the small pox matter to North Carolina, and that it was an accident which had never happened before, and in all probability would never happen again. That, Mr. B. said, might readily be. The people who had been killed by it were not killed before, and could not be killed again. The Government of the United States, he added, did not possess the powers which enabled other Governments to legislate efficiently on this subject. In Denmark, for example, the people are compelled to be vaccinated before they can be married, and before their children can be christened they must be vaccinated. But this Government could exercise no such despotic power; all that it could do, constitutionally, in regard to it, and the best thing it could do, was to let the people, who are both able and willing, take care of themselves.

Mr. TAYLOR, of New York, said that the act establishing the agency had been in operation for nine years, and he thought ought not to be hastily repealed. It was true, an unfortunate incident had occurred under the agency, which it was difficult to conceive could have arisen but from some negligence on the part of the agent. But would Congress repeal the law because of this one instance of wrong? If the agent has done wrong, said Mr. T., let him be removed. He had heard this agent, however, spoken of as a man of great attention to his charge, who never failed to procure and keep on hand vaccine matter of the

APRIL, 1822.

greatest purity. The most careful man may, from accident or momentary inadvertence, commit a mistake. If that be sufficient cause for his removal, let him be discharged. But, let there remain some institution, at which there is a reasonable probability of obtaining vaccine matter in its purity. Mr. T. said, he had no acquaintance with the vaccine agent; he knew nothing of him but from his letters for several years, and public report, which had produced an impression on his mind favorable to the Doctor. The gentlemen who lived nearer to him were better able to judge of his qualifications than he (Mr. T.) could. But, never, on this or any other occasion, would he repeal a law to get rid of any individual whatever, unless it was in an extreme case.

Mr. BURTON here stated, that it would perhaps save the gentleman some trouble to say, that the President had fully examined the case of the late occurrence in the Vaccine agency, and, being satisfied of mismanagement on his part, had dismissed the agent. The only question, therefore, now was, as to the abstract policy of the law proposed to be repealed.

Mr. TAYLOR said he had not before been apprized of the fact of the agent being dismissed. With regard to the policy of the law, he said there surely might be found in the United States some individual in whom the necessary confidence might be reposed to discharge the duties of Vaccine agent. It did appear to him to be derogatory to the character of the medical profession to suppose, because Congress could not apply municipal regulations to punish the individual for misconduct, they therefore could not properly exercise the power of establishing an agency for vaccination. This subject had been often before Congress since the year 1813, when the law first passed, and much had been said of it; but, as no considerations had heretofore procured its repeal, he hoped it would not now be repealed without due deliberation, &c.

Mr. EDWARDS, of North Carolina, was in favor of the bill. What would be the effect of the institution if permitted to exist hereafter, he could only be enabled to judge from what had been its effect heretofore. If the institution was a necessary one, there would be no objection to its continuance. But, Mr. E. said, his own idea was, that it could not be necessary. The advantages of the vaccine matter, he thought, could be disseminated by individuals in different parts of the country, without the expense which had heretofore attended the procuring it from the agency. Why, then, give to an agent the privilege of franking? Mr. E. considered it a safe principle, if not an axiom in politics, to make no depository of any public trust, unless you can enforce the perfor mance and fulfilment of it. This, Congress could not do in the case of this agency. He hoped the law would be repealed, and that hereafter no person would be permitted to be called the National Agent for Vaccination, by which he could obtain an exclusive circulation of matter through the country, to the destruction of that competition which is the life of trade and of professions.