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PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE FIRST SESSION OF THE FOURTEENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 4, 1815.

MONDAY, December 4, 1815.

This being the day appointed by the Constitution of the United States for the meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:

From New Hampshire-Charles H. Atherton, Bradbury Cilley, Roger Vose, and Jeduthun Wilcox.

From Massachusetts-William Baylies, George Bradbury, Elijah Brigham, Benjamin Brown, Samuel S. Conner, John W. Hulbert, Cyrus King, Jeremiah Nelson, Albion K. Parris, Timothy Pickering, John Reed, Thomas Rice, Nathaniel Ruggles, and Solomon Strong.

From Rhode Island-John L. Boss, junior.

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

From Vermont-Daniel Chipman, Luther Jewett, Chauncey Langdon, Asa Lyon, Charles Marsh, and John Noyes.

From New York-Samuel R. Betts, James Birdsall, Micah Brooks, Oliver C. Comstock, Henry Crocheron, Thomas R. Gold, Jabez D. Hammond, John Lovett, Hosea Moffit, John Savage, Abraham H. Schenck, John W. Taylor, Enos T. Throop, George Townsend, Jonathan Ward, and James W. Wilkin.

From New Jersey-Ezra Baker, Ephraim Bateman, and Henry Southard.

From Pennsylvania-William Crawford, William Darlington, John Hahn, Joseph Heister, Joseph Hopkinson, Samuel D. Ingham, Aaron Lyle, William Maclay, William Milnor, William Piper, Thomas Smith, James Wallace, John Whiteside, Thomas Wilson, and William Wilson.

From Delaware-Thomas Cooper. From Maryland-John C. Herbert, Philip Stuart, and Robert Wright

From Virginia-Philip P. Barbour, James Breckenridge, William A. Burwell, Thomas Gholson, Peterson Goodwyn, Aylett Hawes, John P. Hungerford, Joseph Lewis, jun., William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, jun., William H. Roane, Ballard Smith, Magnus Tate, and Henry St. George Tucker.

From North Carolina-Joseph H. Bryan, James W. Clarke, John Culpeper, Nathaniel Macon, Wil

liam H. Murfree, Richard Stanford, Lewis Williams, and Bartlett Yancey.

From South Carolina-John C. Calhoun, John J. Chappell, William Lowndes, William Mayrant, Henry Middleton, Thomas Moore, John Taylor, and William Woodward.

From Georgia-John Forsyth, Bolling Hall, Wilson Lumpkin, and Richard Henry Wilde.

Desha, Richard M. Johnson, Alney McLean, Stephen From Kentucky-James Clark, Henry Clay, Joseph Ormsby, Solomon P. Sharpe, and Micah Taul.

Henderson, Samuel Powell, James B. Reynolds, and From Tennessee-Newton Cannon, Bennett H. Isaac Thomas.

From Ohio-John Alexander, James Caldwell, David Clendenin, William Creighton, jun., and John Mc

Lean.

From Louisiana-Thomas B. Robertson.

A quorum, consisting of a majority of the whole number of members, being present, the House proceeded, by ballot, to the choice of a Speaker, and, upon examining the ballots, it appeared that HENRY CLAY, one of the Representatives for the State of Kentucky, was duly elected: Whereupon, Mr. CLAY was conducted to the Speaker's Chair, and the oath to support the by the act, entitled "An act to regulate the time Constitution of the United States, as prescribed administered to him by Mr. WRIGHT, one of the and manner of administering certain oaths," was members for the State of Maryland; after which he made his acknowledgments to the House in the following words:

"GENTLEMEN: It is not merely in compliance with a respectful usage, but from the most profound gratitude, that I thank you for the honor which you have just conferred on me. I shall find, in the discharge of the arduous duties of the Chair, considerable alleviation, from the natural progress of the system of order, and from the improvement which it has received under the able presidency of my predecessor. But, gentlemen, it is chiefly upon your liberal co-operation and support that I place my reliance. Under the expectation of receiving this, I shall proceed, with all the impartiality of which I am capable, to the execution of the duties which you have assigned me, soliciting your

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Standing Committees-President's Message.

indulgence for unintentional error, and soliciting it particularly during my present indisposition."

The oath or affirmation to support the Constitution of the United States, as prescribed by the act above mentioned, was then administered, by the SPEAKER, to all the other members present. WILLIAM LATTIMORE, from the Mississippi Territory; JONATHAN JENNINGS, from the Indiana Territory; and BENJAMIN STEPHENSON, from the Illinois Territory, having also appeared and produced their credentials as delegates to represent the said Territories in the fourteenth Congress, the said oath was administered to them by the SPEAKER, when they took their seats.

The House proceeded to elect a Clerk, when it appeared that of one hundred and twenty-two votes, THOMAS DOUGHERTY, Esq., had one hundred and fourteen, and was, therefore, duly elected. The SPEAKER laid before the House a letter from Joseph Wheaton, offering himself as a candidate for Sergeant-at-Arms.

On motion of Mr. WRIGHT, after some little discussion, it was

Resolved, That Thomas Dunn be appointed Sergeant at Arms; Thomas Claxton, Doorkeeper; and Benjamin Burch, Assistant Doorkeeper to this House.

The several resolutions passed by the Senate were received, read, and concurred in.

Messrs. WRIGHT and HOPKINSON, were appointed the committee on the part of this House to wait on the President of the United States.

Messrs. LOWNDES, FORSYTH, and CHAMPION, were appointed to inquire into the state of the new building prepared by the citizens for Con

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Several other members, to wit: from Pennsylvania, JARED IRWIN; from Maryland, GEORGE BAER; from Virginia, JAMES JOHNSON, JOHN KERR, and DANIEL SHEFFEY; and from North Carolina, WILLIAM GASTON, and DANIEL M. FORNEY, appeared, produced their credentials, were qualified, and took their seats.

Mr. WRIGHT, from the joint committee appointed yesterday to wait on the President of the United States, reported that the committee had performed that service, and that the President answered that he would make a communication to the two Houses to-day, at twelve o'clock.

A Message was then received from the PRESIDENT OF THE UNITED STATES, which was read, and referred to the Committee of the Whole on the state of the Union. [For this Message see Senate proceedings of this date, ante page 12.]

WEDNESDAY, December 6.

Several other members, to wit: from New Jersey, LEWIS CONDICT; from Pennsylvania, JOHN SERGEANT; and from North Carolina, WILLIAM C. LOVE; appeared, produced their credentials, were qualified, and repaired to their seats.

DECEMBER, 1815.

Ordered, That the petition of the Legislature of the Mississippi Territory, for an admission into the Union, as an independent State, presented on the 21st of January, 1815, be referred to Messrs. LATTIMORE, ROBERTSON, CANNON, MCLEAN, of Kentucky, STRONG, NOYES, and LUMPKIN.

A message was received from the Senate, proposing the usual appointment of two Chaplains of different religious denominations, to interchange weekly between the two Houses.

This proposition was concurred in, with some dissenting voices, and to-morrow assigned for the election of the Chaplain on the part of this House.

STANDING COMMITTEES.

On motion of Mr. TAYLOR, of New York, the Standing Committees were ordered to be appointed, pursuant to the rules and orders of the House. They are as follows:

Committee of Elections-Mr. Taylor, of New York, Mr. Piper, Mr. Sharpe, Mr. Pickering, Mr. Vose, Mr. Barbour, and Mr. Law.

Committee of Ways and Means-Mr. Lowndes, Mr. Burwell, Mr. Taylor, of New York, Mr. Moseley, Mr. Robertson, Mr. Ingham, and Mr. Gaston.

Committee of Commerce and ManufacturesMr. Newton, Mr. Murfree, Mr. Baylies, Mr. Parris, Mr. Chappell, Mr. Boss, and Mr. Sergeant.

Committee of Claims-Mr. Yancey, Mr. Alexander, Mr. Goodwyn, Mr. Davenport, Mr. Lyle, Mr. Stanford, and Mr. Chipman.

Committee on the Public Lands-Mr. Robertson, Mr. Creighton, Mr. Clark, of Kentucky, Mr. Hall, Mr. King, of Massachusetts, Mr. McCoy, and Mr. Sturges.

Committee for the District of Columbia-Mr. Tucker, Mr. Lewis, Mr. Irwin, of Pennsylvania, Mr. Savage, Mr. Herbert, Mr. Taylor, of South Carolina, and Mr. Brigham.

Committee on the Post Office and Post RoadsMr. Ingham, Mr. Cannon, Mr. Breckenridge, Mr. Throop, Mr. Conner, Mr. Caldwell, and Mr. Langdon.

Committee on Pensions and Revolutionary Claims Mr. Chappell, Mr. Comstock, Mr. Stuart. Mr. Milnor, Mr. Southard, Mr. Henderson, and Mr. Wilcox.

Committee on the Judiciary-Mr. Nelson, of Virginia, Mr. Ormsby, Mr. Cooper, Mr. Wright, Mr. Wilde, Mr. Gold, and Mr. Sergeant.

Committee on Public Expenditures-Mr. Murfree, Mr. Gholson, Mr. Champion, Mr. Thomas Wilson, Mr. Hammond, Mr. Nelson, of Massachusetts, and Mr. Wallace.

Committee of Accounts-Mr. McLean, of Ohio, Mr. Rudd, and Mr. Betts.

Committee of Revisal and Unfinished BusinessMr. Condict, Mr. Bradbury, and Mr. Maclay. PRESIDENT'S MESSAGE.

On motion of Mr. TAYLOR, of New York, the House having resolved itself into a Committee of the Whole on the state of the Union, Mr. CONDICT in the Chair, the Message of the President was read. Whereupon, on motion of Mr. TAY

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LOR, of New York, the following resolutions were adopted, viz:

1. Resolved, That so much of the Message of the President of the United States as relates to Foreign Affairs, be referred to a select committee.

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thority which, in the view of the President, ought to be given to the Executive of the United States efficiently to command the services of the militia in the cases contemplated by the Constitution.

Mr. TAYLOR referred to the Message to show 2. That so much as relates to the Military Peace that, by necessary connexion, this topic was inEstablishment, to the organization of a Corps of Invalids, cluded in the general terms of the resolution (as to Fortifications, to the protection of the Inland Fron-above) which relates to the organization of the tier, and to the Military Academies, be referred to a select committee.

3. That so much as relates to our Naval Affairs, be referred to a select committee.

4. That so much as relates to an Uniform National Currency, be referred to a select committee. 5. That so much as relates to Roads and Canals, be

referred to a select committee.

6. That so much as relates to a National Seminary of Learning within the District of Columbia, be referred to a select committee.

7. That so much as relates to the classification and organization of the Militia, be referred to a select committee,

8. That so much as relates to an alleviation of the burdens imposed by the necessities of the War, and the general subject of the Revenue, be referred to the Committee of Ways and Means.

9. That so much as relates to Manufactures, be referred to the Committee of Commerce and Manufac

tures.

10. That the said committees have leave to report by bill or otherwise.

These resolutions having been reported by the Committee to the House, were all concurred in. Mr. Forsyth, Mr. Macon, Mr. Wilkin, Mr. Gholson, Mr. Atherton, Mr. Sheffey, and Mr. Sharpe, were appointed a committee pursuant to the first resolution.

Mr. Johnson, of Kentucky, Mr. Barbour, Mr. Moore, of South Carolina, Mr. Forsyth, Mr. Desha, Mr. Champion, and Mr. Hulbert, were appointed a committee pursuant to the second resolution.

Mr. Pleasants, Mr. Middleton, Mr. Cooper, Mr. Parris, Mr. Hammond, Mr. Boss, and Mr. McLean, of Kentucky, were appointed a committee pursuant to the third resolution.

Mr. Calhoun, Mr. Macon, Mr. Pleasants, Mr. Hopkinson, Mr. Robertson, Mr. Tucker, and Mr. Pickering, were appointed a committee pursuant to the fourth resolution.

Mr. Creighton, Mr. Lowndes, Mr. Cooper, Mr. Ingham, Mr. Condict, Mr. Lovett, and Mr. Alexander, were appointed a committee, pursuant to the fifth resolution.

Mr. Wilde, Mr. Sergeant, Mr. Calhoun, Mr. Sheffey, Mr. Herbert, Mr. Savage, and Mr. Orms by, were appointed a committee pursuant to the sixth-resolution.

Mr. Clark, of Kentucky, Mr. Taylor, of New York, Mr. Kerr, of Virginia, Mr. Piper, Mr. Moore, of South Carolina, Mr. Breckenridge, and Mr. Forney, were appointed a committee pursuant to the seventh resolution.

Mr. GHOLSON Suggested a doubt whether these resolutions embraced a subject of very great importance, which was recommended by the Presis dent to their attention. He referred to the au

militia. It was therefore in his opinion already committed. If at any future day an express instruction on that head to the committee should be found to be necessary, it could then be given.

Mr. WRIGHT said there was another very important subject adverted to by the President which was not embraced, he believed, in the resolutions just adopted; though he was not certain it was not, because he could not distinctly understand them by casually hearing them read and decided on without previous notice. He referred to the recommendation to provide for the payment of the militia called into service during the late war, without the authority of the United States. This was a subject he had much at heart, not only as respected the State he represented, but other parts of the Union, whose militia had promptly turned out to meet the enemy before the authority of the United States could be put in motion to guide their zeal. It was due to the militia who fought for the country that they should be paid; it was due to the magnanimity of the nation that it should make the payment from the National Treasury. In the part of the State which he represented, all the military duties during the war had been performed at the instance of the militia officers, the country being so cut off by the bay from the seats of both the State and General Governments, as to prevent prompt communication with them. The recommendation on this subject contained in the Message was one which, he said, did great credit to the head and heart of the Executive, and he hoped the House would not overlook or slight it, &c.

Mr. TAYLOR, of New York, observed that he thought it would be better to defer the examination of this subject until brought before the Congress in some shape by the parties concerned. It these separate exertions of patriotism required compensation, they would be brought before Congress in the form of memorials, from the States or individuals who had made them. Thus brought before Congress, the subject might be referred to a committee and generally and fully examined.

Mr. WRIGHT, after some further remarks, submitted the following motion:

"That so much of the President's Message as relates to the arrangement of the militia expenses, incurred by the several State Governments, without the previous sanction or authority of the Government of the United States, be referred to a select committee."

This motion was agreed to, nem. con.; and Messrs. WRIGHT, BARBOUR, RICE, POWELL, SMITH of Pennsylvania, LYON, and CILLEY, were appointed the committee.

Mr. P. BARBOUR, of Virginia, said there was another subject of importance referred to in the Message, which he wished to bring to the view of

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New Building-Additional Committees.

the House, that, if not included in the references already made, it might be referred to a committee. He meant the payment of the expenses of the militia called out regularly under the authority of the United States, who had not yet been paid, in consequence of the deficiency in the amount of appropriations for that object. He had actual knowledge of the fact of many militia thus situated, remaining unpaid, and seriously suffering for the want of what was justly due them. From the correspondence between the Pay Department and the Militia Officers, which he had seen published, the delay of payment was produced by the exhaustion of the appropriations of the last session. This defect, if existing, should be immediately supplied. To bring this question before the House, he moved

DECEMBER, 1815

sider it much better adapted to the convenience of both Houses of Congress than that they at present occupy. The committee appointed by the owners of the building, have represented it as having cost (with the land attached to it) thirty thousand dollars, five of which has been expended on objects necessary for the accommodation of Congress, which will become useless when they shall leave the building. This committee have into a contract with the United States under which stated that the proprietors will be fully satisfied to enter they shall receive $5,000, with an annual rent of $1,650, (being an interest upon their capital of six per cent., with the addition of the price of insurance,) making the lease determinable at the pleasure of Congress. Should these terms be acceded to by Congress, the committee believe that the building will be ready for their reception on Monday next. The terms appear to the committee of both Houses to be equitable, and they have

"That the Committee of Ways and Means be in-submitted a bill to carry them into effect." structed to inquire whether the appropriation of money made at the last session of Congress, for defraying the expenses of the militia called into the service of the United States, under the authority of the several States, be sufficient; and, if not, what is the amount of the deficiency."

Mr. LOWNDES suggested that the Committee of Ways and Means, when appointed, would not have it in their power to act on the subject proposed to be referred to them, until the report of the Secretary of the Treasury should be received. That report, which would probably afford all the information the gentleman desired, might be expected in a few days; and, upon that report it would of course become the duty of the Committee of Ways and Means to act, without a particular reference.

Mr. BARBOUR, then, observing that he had but desired to bring this subject directly to the view of the House, waived his motion for the present.

THURSDAY, December 7.

Several other members, to wit: from Massachusetts, SAMUEL TAGGART and LABAN WHEATON; from New York, AsA ADGATE; and from Pennsylvania, HUGH GLASGOW, appeared, produced their credentials, were qualified, and took their seats.

Mr. TAYLOR, of New York, presented a petition of Westel Willoughby, junior, praying to be admitted to a seat in the House, in the place of William S. Smith, returned as one of the members for the State of New York, whom he alleges to have been unduly returned.-Referred to the Committee on Elections.

THE NEW BUILDING.

Mr. LOWNDES then reported a bill to authorize the President of the United States to lease, on the terms therein mentioned, "the new building on Capitol Hill, with the appurtenances, for the better accommodation of Congress;" which was twice read, referred to a Committee of the Whole; passed through a Committee of the Whole, engrossed, and read a third time, and sent to the Senate for concurrence.

ADDITIONAL COMMITTEES.

Mr. WILDE offered the following resolution, as an amendment to the rules and orders of the House, which was read, and ordered to lie on the table:

Resolved, That in addition to the standing committees heretofore authorized by the rules and orders of this House, the following standing committees be authorized and appointed:

A Military Committee;
A Naval Committee;

A Committee on Foreign Affairs;

A Committee on the Militia;

A Committee on Roads and Canals; A Committee of Ordnance, Fortifications, Arsenals, and Harbor Defence;

To consist of seven members each.

That it shall be the duty of the said Military Committee to take into consideration all such reports from the War Department, petitions, matters, and things relating to the Army of the United States, as shall be presented, or shall, or may come in question, and be referred to them by the House, and to report, from time to time, their opinion thereon:

That it shall be the duty of the said Naval Committee to take into consideration all such reports from the Secretary of the Navy, or the Commissioners of the Navy Board, petitions, and other matters and

Mr. LOWNDES, from the committee on the sub- things respecting the Navy of the United States, as ject, delivered in the following report:

"The committee appointed on the part of the House of Representatives to inquire, in conjunction with a committee on the part of the Senate, into the state of the new building on Capitol Hill, offered by the proprietors for the accommodation of Congress, upon what terms the said building could be obtained until the Capitol may be ready for their reception, report: That, having examined the building in question, they con

shall be presented, or shall, or may come in question and be referred to them by the House, and to report, from time to time, their opinion thereon.

That it shall be the duty of the said Committee on Foreign Affairs to take into consideration all such reports from the Department of State, messages, or parts of messages, petitions, and other matters and things respecting the intercourse and relations of the United States with foreign nations, as shall be presented, or shall, or may come in question, and be referred to

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That it shall be the duty of the said Committee on the Militia to take into consideration all such reports, petitions, and other matters and things respecting the militia of the United States, as shall be presented, or shall, or may come in question, and be referred to them by the House, and to report, from time to time, their opinion thereon.

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province and duty it shall be to watch over the interests of our manufacturing citizens, there not appearing to the memorialists any propriety in the reference of the subjects of Commerce and Manufactures to the same committee."-Referred to a Committee of the Whole to-morrow.

Manufacturing Company," in the State of New Mr. GOLD presented a petition of the "Auburn That it shall be the duty of the said Committee on York, concerned in the manufacturing of cotton Roads and Canals to take into consideration all such fabrics, in behalf of themselves and others interreports, petitions, and other matters and things relat-ested in their ultimate success, praying that the ing to the construction, preservation, and extension of importation from foreign countries of cotton fabroads and canals, in the United States, and the im- rics, of a coarse texture, may be absolutely or virprovement of river navigation, as shall be presented, tually prohibited.-Referred to the Committee of or shall, or may come in question, and be referred Commerce and Manufactures. to them by the House, and to report, from time to time, their opinion thereon.

That it shall be the duty of the said Committee of Ordnance, Fortifications, Arsenals, and Harbor Defence, to take into consideration all such reports, petitions, and other matters and things, relating to the ordnance, fortifications, arsenals, armories, and works of defence, both fixed and floating, on the harbors, on the coasts, or on the inland frontier of the United States, as shall be presented, or shall or may come inquestion, and be referred to them by the House, and to report, from time to time, their opinion thereon.

The House then proceeded to ballot for a Chaplain on its part to serve during the session; when, after several ballotings, the Rev. SPENCER H. CONE, having a majority of votes, was declared to be duly elected.

The SPEAKER laid before the House a letter

from the Secretary of the Treasury, transmitting his annual report on the state of the finances of the United States, which was read, and referred to the Committee of Ways and Means, except so much thereof as relates to a national currency, which was referred to the committee to whom that subject was referred on yesterday.

A message from the Senate informed the House that the Senate have passed the bill "to authorize the President of the United States to lease, for the term therein mentioned, the new building on Capitol Hill, with the appurtenances, for the better accommodation of Congress." The House adjourned until Monday morning.

MONDAY, December 11.

Mr. LATTIMORE presented a petition of the Legislature of the Mississippi Territory, praying that further time may be given to purchasers of public lands in said Territory to complete their payments, and that the interest claimed on payments not punctually paid at the time they became due, may be remitted.

from the Secretary of War, transmitting stateThe SPEAKER laid before the House a letter ments showing the application of moneys which have been transferred by order of the President, priations, for the support of the Military Estabfrom several of the appropriations to other approlishment, since the last session of Congress; which were referred to the Committee of Ways

and Means.

On motion of Mr. JOHNSON, of Kentucky,

directed to inquire into the expediency of liquiResolved, That the Committee of Claims be dating the claims of citizens against the United States, for the loss of property whilst in the public service during the late war.

tion, which was read and ordered to lie on the Mr. REYNOLDS Submitted the following resolu

table:

be instructed to inquire into the expediency of approResolved, That the Committee on the Public Lands priating all that tract of land, known by the name of

ties of Maury and Giles, in the State of Tennessee, the "Congressional Reservation," lying in the counfor the extinguishment of the Gerieme land warrants, issued by the State of North Carolina; and that the actual occupants within the bounds of said tract, who have been living on said land since the 1st day of January last past, shall have a preference to perfect titles thereto: Provided, No one shall be permitted to appropriate more than six hundred and forty acres, nor less than fifty acres of land.

On motion of Mr. THOMAS,

Several other members, to wit: from New York, PETER B. PORTER; from Pennsylvania, THOMAS BURNSIDE; from Maryland, STEVENSON ARCHER; from Virginia, JOHN CLOPTON; from North Carolina, WILLIAM R. KING and ISRAEL Resolved, That the Committee on Military AfPICKENS; from South Carolina, BENJAMIN HU-fairs be instructed to inquire into the expediency GER; and from Georgia, ALFRED CUTHBERT and THOMAS TELFAIR, appeared, produced their credentials, were qualified, and took their seats.

of providing by law for the relief of the widows and children of all such non-commissioned officers, musicians, and privates, as have been killed RUFUS EASTON, also appeared and took his in battle, died of wounds received in the public seat, as the delegate for the Territory of Missouri. service, or died in service, in any of the corps Mr. HOPKINSON and Mr. SERGEANT, respect-composing the Army of the United States during ively, presented a petition of a committee of sun- the late war. dry citizens of Philadelphia, concerned in various manufacturing establishments, praying that a standing committee may be appointed, "whose

Mr. TAYLOR, of New York, from the Committee of Elections, made a report on the petition of Westel Willoughby, jr., contesting the election

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