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PROCEEDINGS AND DEBATES

OF THE

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.

This being the day fixed by the Constitution for the meeting of Congress, HENRY CLAY, the Speaker, THOMAS DOUGHERTY, the Clerk, and the following members of the House of Repre❘ sentatives appeared, and took their seats, to wit: From New Hampshire-Charles H. Atherton, William Hale, Roger Vose, Daniel Webster, and Jeduthun Wilcox.

From Massachusetts-William Baylies, George Bradbury, Samuel S. Conner, John W. Hulbert, Cyrus King, Jeremiah Nelson, Albion K. Parris, John Reed, Thomas Rice, Nathaniel Ruggles, Asahel Stearns, Solomon Strong, Samuel Taggart, Artemas Ward, and Laban Wheaton.

From Connecticut-Epaphroditus Champion, John Davenport, jun., Lyman Law, Jonathan O. Moseley, Lewis B. Sturges, and Benjamin Tallmadge.

From Vermont-Asa Lyon, Charles Marsh, and

John Noyes.

From New York-Asa Adgate, Micah Brooks, Daniel Cady, Henry Crocheron, Thomas P. Grosvenor, John Lovett, Hosea Moffitt, John Savage, John W. Taylor, George Townsend, and Peter H. Wendover. From New Jersey-Ezra Baker, Ephraim Bateman, Benjamin Bennett, Lewis Condict, Henry Southard, and Thomas Ward.

From Pennsylvania-William Crawford, William Darlington, Isaac Griffin, John Hahn, Joseph Heister, Joseph Hopkinson, Samuel D. Ingham, Jared Irwin, Aaron Lyle, William Milnor, John Whiteside, and Thomas Wilson.

From Delaware-Thomas Clayton. From Maryland-John C. Herbert, Samuel Smith, Philip Stuart, and Robert Wright.

From Virginia-Philip P. Barbour, Burwell Bassett, James Breckenridge, William A. Burwell, Peter son Goodwyn, Aylet Hawes, John P. Hungerford, Joseph Lewis, jun., William McCoy, Hugh Nelson, Thomas Newton, William H. Roane, Ballard Smith, and Henry St. George Tucker.

From North Carolina-Joseph H. Bryan, James W. Clark, John Culpeper, Weldon N. Edwards, Daniel M. Forney, William Gaston, Israel Pickens, Lewis Williams, and Bartlett Yancey.

From South Carolina-John C. Calhoun, John J.

Chappell, Benjamin Huger, William Lowndes, John
Taylor, and William Woodward.

Richard H. Wilde.
From Georgia-John Forsyth, Thomas Telfair, and

From Kentucky-Joseph Desha, Benjamin Hardin, Richard M. Johnson, Samuel McKee, Alney McLean, Stephen Ormsby, Solomon P. Sharp, and Micah Taul. From Tennessee-William G. Blount, Newton Cannon, Bennet H. Henderson, Samuel Powell, James B. Reynolds, and Isaac Thomas.

From Ohio-John Alexander, James Caldwell, and David Clendennin.

From Louisiana-Thomas B. Robertson.

The following new members also appeared, to wit: from Massachusetts, BENJAMIN ADAMS, in the room of Elijah Brigham, deceased, and JAMES CARR; from New York, ARCHIBALD S. CLARKE, in the room of Peter B. Porter, resigned; from Pennsylvania, WILLIAM FINDLEY; from Maryland, PETER LITTLE, in the room of William Pinkney, resigned, and GEORGE PETER, in the room of Alexander C. Hanson, resigned; from North Carolina, SAMUEL DICKENS, in the room of Richard Stanford, deceased, and CHARLES Hooks, in the room of William R. King, resigned; from Kentucky, THOMAS FLETCHER, in the room of James Clark, resigned; from Ohio, WILLIAM HENRY HARRISON, in the room of John McLean, resigned; and from Indiana, WILLIAM HENDRICKS: who severally produced their credentials, and took their seats; the oath to support the Constitution of the United States being first administered to them by the SPEAKER.

WILLIAM LATTIMORE, the Delegate from the Mississippi Territory, appeared, and took his seat.

Territory of Illinois, NATHANIEL POPE; and from Two new Delegates appeared, to wit: from the the Territory of Missouri, JOHN SCOTT; who severally produced their credentials, were qualified, and took their seats.

And a quorum, consisting of a majority of the whole number of members of the House, being present, the Clerk was ordered to acquaint the Senate therewith.

On motion of Mr. WRIGHT, a committee was

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appointed on the part of this House, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them; and Mr. WRIGHT and Mr. TALLMADGE were appointed of the said committee.

A message from the Senate informed the House that a quorum of the Senate is assembled, and that they are ready to proceed to business. The Senate concur in the resolution for the appointment of a joint committee, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them, and have appointed a committee on their part.

DECEMBER, 1816.

swered that he would make a communication to the two Houses this day, at twelve o'clock.

A Message was then received from the PRESIDENT OF THE UNITED STATES, which was delivered in at the Speaker's table. The Message was read, and ordered to be committed to the Committee of the Whole House on the state of the Union, and that five thousand copies thereof be printed for the use of the Members of Congress. [For this Message see Senate proceedings, ante page 11.]

A message from the Senate informed the House that the Senate have passed a resolution for the appointment of a joint committee, to have the application of the money appropriated for the use of the Library, and have appointed the said committee on their part. The Senate have also passed 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: RUGGLES on their part.

Resolved, That the Constitution of the United States, together with the Rules and Orders of the House, be printed for the use of the members.

The House proceeded to consider the resolution, and the question being taken on agreeing thereto, it was determined in the negative.

On motion of Mr. PARRIS, the Clerk was directed to procure newspapers from any number of offices that the members may elect: Provided, that the expense thereof do not exceed the price of three daily papers.

On motion of Mr. TAYLOR, of New York. Ordered. That the daily hour to which the House shall stand adjourned, be twelve o'clock,

until otherwise ordered.

And then the House adjourned.

TUESDAY, December 3.

The said resolutions were severally read, and agreed to by the House; and Messrs. TAYLOR, of New York, HOPKINSON, and TUCKER, were appointed of the Library Committee, on the part of this House, and Messrs. CRAWFORD and TAUL were appointed of the Committee of Enrolled Bills.

The following resolution was submitted by Mr. HUGH NELSON:

Resolved, That the Committee on the Judiciary be instructed to report a bill to repeal the act, entitled "An act to change the mode of compensation to the Members of the Senate and House of Representatives and the Delegates from Territories," passed March

19, 1816.

The question was then taken, "Will the House now consider this resolution ?" and determined in the negative.

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. Lowndes, Mr. Smith,
D. HAMMOND, JAMES BIRDSALL, and ABRAHAM of Maryland, Mr. Moseley, Mr. Burwell, Mr. Wil-
H. SCHENCK; from Pennsylvania, WILLIAM WIL-kin, Mr. Gaston, and Mr. Henderson.
SON, WILLIAM MACLAY, and THOMAS SMITH;
from Maryland, GEORGE BAER; from Virginia,
MAGNUS TATE, JAMES PLEASANTS, jun., and JOHN
KERR; and from North Carolina, WILLIAM C.
Love, appeared, and took their seats.

Two new members also appeared, to wit: from New York, DANIEL AVERY, in the room of Enos T. Throop, resigned; and from Pennsylvania, WILLIAM P. MACLAY, in the room of Thomas Burnside, resigned, who severally produced their credentials, were qualified, and took their seats.

Mr. WRIGHT, from the joint committee ap pointed to wait on the President of the United States, and inform him that the two Houses, having formed a quorum. are ready to receive any communications he may be pleased to make to them, reported that the committee had performed that service, and that the President an

Of Elections-Mr. Taylor, of New York, Mr. Pickering, Mr. Kerr, of Virginia, Mr. Hahn, Mr. Vose, Mr. Law, and Mr. Thomas.

Of Commerce and Manufactures-Mr. Newton, Mr. Savage, Mr. Hulbert, Mr. Parris, Mr. Milnor, Mr. Mason, and Mr. Forney.

Of Claims-Mr. Yancey, Mr. Alexander, Mr. Goodwyn, Mr. Davenport, Mr. Lyle, Mr. Hardin, and Mr. Lyon.

For the District of Columbia-Mr. Tucker, Mr. Lewis, Mr. Irwin, of Pennsylvania, Mr. Wendover, Mr. Herbert, Mr. Taylor, of South Carolina, and Mr. Peter.

On Public Lands-Mr. Robertson, Mr. McLean, Mr. King, Mr. Sturges, Mr. Harrison, Mr. Williams, and Mr. Hendricks.

On the Post Office and Post Roads-Mr. Ingham, Mr. Cannon, Mr. Breckenridge, Mr. Avery,

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Mr. Carr of Massachusetts, Mr. Caldwell, and Mr. Noyes.

H. of R.

sage as relates to Naval Affairs, be referred to a select committee.

On Pensions and Revolutionary Claims-Mr. 5. Resolved, That so much of the President's Mes Chappell, Mr. Reynolds, Mr. Stuart, Mr. South-sage as relates to Manufactures, be referred to the ard, Mr. Wilcox, Mr. Wheaton, and Mr. Cro- Committee of Commerce and Manufactures.

cheron.

Of Public Expenditures-Mr. Pickens, Mr. Barbour, Mr. Hammond, Mr. Champion, Mr. Schenck, Mr. Thomas Wilson, and Mr. Jeremiah Nelson.

On the Judiciary-Mr. Hugh Nelson, Mr. Wilde, Mr. Hopkinson, Mr. Wright, Mr. Ormsby, Mr. Webster, and Mr. Love.

Of Accounts-Mr. Little, Mr. Reed, and Mr. Edwards.

On Revisal and Unfinished Business-Mr. Condict, Mr. Bradbury, and Mr. William Maclay. On Private Land Claims-Mr. Sharp, Mr. Clark of North Carolina, Mr. Telfair, Mr. Atherton, and Mr. Huger.

WEDNESDAY, December 4.

Two other members, to wit: from New York, SAMUEL R. BETTS; and from Pennsylvania, HUGH GLASGOW; appeared and took their seats. A new member also appeared, to wit: from Virginia, THOMAS M. NELSON, in the place of Thomas Gholson, deceased; who produced his credentials, was qualified, and took his seat.

On motion of Mr. REYNOLDS, the Secretary of War was directed to lay before this House a copy of the report of the commissioner appointed to mark and survey a road from Tennessee river, through the Chickasaw nation, together with the amount of expenditures for performing the said service.

A message from the Senate informed the House that the Senate have passed a resolution for the appointment of two Chaplains, during the present session, of different denominations, one by each House, who shall interchange weekly; in which they ask the concurrence of this House.

The resolution was read and concurred in by the House.

THE PRESIDENT'S MESSAGE.

6. Resolved, That so much of the President's Mes

sage as relates to an amelioration of the condition of the Indian tribes within our limits, be referred to a

select committee.

7. Resolved, That so much of the President's Message as relates to the uniformity of weights and measures, be referred to a select committee.

8. Resolved, That so much of the President's Mes sage as relates to the National University, be referred to a select committee.

9. Resolved, That so much of the President's Message as relates to Roads and Canals, be referred to a select committee.

10. Resolved, That so much of the President's Mes. sage as relates to a revisal of the Criminal Code and a remodification of the Judiciary Establishment, be referred to the Committee on the Judiciary.

11. Resolved, That so much of the President's Message as relates to the more effectual prohibition of the African slave trade, be referred to a select committee.

12. Resolved, That so much of the President's Mes

sage as relates to the office of Attorney General, and to the establishment of an additional Department in the Executive branch of the Government, be referred to a select committee.

13. Resolved, That so much of the President's Message as relates to the subject of Revenue, be referred to the Committee of Ways and Means.

14. Resolved, That so much of the President's Mes sage as relates to an Uniform National Currency, be referred to a select committee.

15. Resolved, That the said select committees have leave to report by bill or otherwise.

Mr. Forsyth, Mr. Smith, of Maryland, Mr. Grosvenor, Mr. King, Mr. Baker, Mr. Ward, of Massachusetts, and Mr. Darlington, were ap pointed a committee pursuant to the first resolution.

Mr. Johnson, of Kentucky, Mr. Conner, Mr. Desha, Mr. Ward, of New Jersey, Mr. Peter, Mr. Thomas M. Nelson, and Mr. Dickens, were appointed a commitice pursuant to the second resolution.

Mr. Harrison, Mr. Tallmadge, Mr. Blount, Mr. Roane, Mr. Taul, Mr. Hungerford, and Mr. Marsh, were appointed a committee pursuant to the third resolution.

The House having resolved itself into a Committee of the Whole, on the state of the Union, Mr. NELSON in the Chair, the following subdivision and distribution of the President's MesMr. 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-Clendennin, 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 President of the United States as relates to the subject of Foreign Affairs, and to our commercial intercourse with British colonial ports, be referred to a select committee.

Baer, Mr. Woodward, Mr. McCoy, and Mr. Mr. Thomas, Mr. Griffin, Mr. Adgate, Mr. Fletcher, were appointed a committee pursuant

to the sixth resolution.

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 select committee.

3. Resolved, That so much of the President's Message as relates to a re-organization of the militia, be

referred to a select committee.

4. Resolved That so much of the President's Mes

of New York, were appointed a committee pursuant to the seventh resolution.

Mr. Wilde, Mr. Wright, Mr. Breckenridge. Mr. Herbert, Mr. Powell, Mr. Birdsall, and Mr, Heister, were appointed a committee pursuant to the eighth resolution.

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Mr. Thomas Wilson, Mr. Brooks, Mr. Clayton, Mr. Bateman, Mr. Yancey, Mr. Adams, and Mr. Hawes, were appointed a committee pursuant to the ninth resolution.

Mr. Pickering, Mr. Comstock, Mr. Condict, Mr. Tucker, Mr. Taggart, Mr. Cilley, and Mr. Hooks, were appointed a committee pursuant to the eleventh resolution.

Mr. Lowndes, Mr. Bassett, Mr. William Wilson, Mr. Ruggles, Mr. Forsyth, Mr. Bennett, and Mr. Tate, were appointed a committee pursuant to the twelfth resolution.

Mr. Calhoun, Mr. Webster, Mr. Hulbert. Mr. Whiteside, Mr. Hardin, Mr. Townsend, and Mr. Glasgow, were appointed a committee pursuant to the fourteenth resolution.

COMPENSATION LAW.

DECEMBER, 1816.

and many other minor differences; but he well knew that they would all either unite or acquiesce in a repeal of the statute; that the public mind might be tranquillized; that the great mass of inflammable matter which was afloat might be decomposed and rendered harmless; that hobby riders may be dismounted, and popularity-traps put flat on the surface; for he never intended, if he could make any other shift, to ride the one, or set the other. He claimed the indulgence of the House, to explain to them what he intended by his motion. He had heard of a variety of compensation bills, so called, and it was necessary to identify the one he intended to embrace by his motion. He did not intend a repeal of a compensation bill, which gave to members of Congress fifteen hundred dollars per session, whether extra or the great annual session, pointed out by the Mr. JOHNSON, 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, and 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 their 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 hunThat 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; that this coin- their own business. Such compensation 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 to the members of Congress six dollars duct. That, notwithstanding this state of things, a day until its passage, and then the fifteen hunhe had always believed in the 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 Constitunature 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 hap-measure, although he well knew that a rejected piness, and carry into effect, as far as he knows it, the will of those who elect him.

amendment to the Constitution had been published as a part of that sacred instrument, to induce That, notwithstanding the discontent that had a belief that avarice had driven Congress from manifested 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, the 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 mind; 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, mislead 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 repeal a compensation ing all his faulis, had continued their confidence in him. Many considerations had entered into his mind in making a motion for a committee to inquire into the expediency of repealing the compensation law. One object, was to gratify that portion of his constituents who were opposed to the measure. He said a portion of his constituents, because he well knew that many, very many, of his political friends, were in favor of the meas ure, both as to mode and amount; some were desirous that an experiment might be made, others disliked the mode, but do not object to the amount

law, which gave to members of Congress a gross sum of fifteen hundred dollars for their services, provided they discharged, with fidelity, every day of every session, the duties of Representative, and not otherwise, whether one or more sessions during the Congressional year, in lieu of the six dollars per day; a compensation law which placed them on an equality with the Sergeant-at-Arms, the Doorkeeper, the Assistant Doorkeeper, the Chief Clerk, and the Engrossing Clerk; and, on a footing, in a pecuniary point of view, of half as much as we give to the Clerk of the House; a

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