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States, and three per cent. shall be applied by the State itself to making roads within the State. But, in the case of Illinois, an exception was made, on the representation of her then Delegate, that the fund would not be required for roads within the State, and the Legislature was authorized to apply the three per cent. to schools and colleges instead of roads. The Secretary of the Treasury, in obedience to that caution which always governs him, declined paying over this money to the State authorities without the authority of an act of Congress; and the object of this bill was to give that authority.
Mr. SMITH, of Maryland, professing himself entirely satisfied with these explanations, withdrew his opposition; and the bill was reported to the House, and ordered to be engrossed for a third reading.
ADMISSION OF MISSOURI.
Mr. LOWNDES, from the select committee to whom was referred the constitution formed for their government by the people of Missouri, delivvered in the following report:
The committee to whom has been referred the constitution of the State of Missouri respectfully report: That they have not supposed themselves bound to inquire whether the provisions of the constitution referred to them be wise or liberal. The grave and difficult question as to the restraints which should be imposed upon the power of Missouri to form a constitution for itself was decided by the act of the last session, and the committee have had only to examine whether the provisions of the act have been complied with. In the opinion of the committee, they have been. The propositions, too, which were offered in the same act to the free acceptance or rejection of the people of Missouri, have all been accepted by them. But there remains a question too important to be overlooked. We know that cases must often arise in which there may be a doubt whether the laws or constitution of a State do not transcend the line (sometimes the obscure line) which separates the powers of the different governments of our complex system. It appears to the committee, that, in general, it must be unwise in Congress to anticipate judicial decisions by the exposition of an equivocal phrase, and that it would be yet more objectionable, by deciding on the powers of a State just emerged from territorial dependence, that it should give the weight of its authority to an opinion which might condemn the laws and constitutions of old, as well as sovereign States. The committee are not unaware that a part of the twenty-sixth section of the third article of the constitution of Missouri, by which the Legislature of the State has been directed to pass laws "to prevent free negroes and mulattoes from coming to, and settling in, the State," has been construed to apply to such of that class as are citizens of the United States, and that their exclusion has been deemed repugnant to the Federal Constitution. The words which are objected to are to be found in the laws of at least one of the Middle States, (Delaware,) and a careful examination of the clause might perhaps countenance the opinion that it applies to the large class of free negroes and mulattoes who cannot be considered as the citizens of any State. But, of all the articles in our constitution, there is probably not one more difficult to construe well than that which
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gives to the citizens of each State the privileges and immunities of citizens of the several States; there is not one, an attention to whose spirit is more necessary to the convenient and beneficial connexion of the States; nor one of which too large a construction would more completely break down their defensive power, and lead more directly to their consolidation. lished constitutions of States in every section of the This much, indeed, seems to be settled by the estabUnion; that a State has a right to discriminate between the white and the black man, both in respect to political and civil privileges, though both be citizens of another State; to give to the one, for instance, the right of voting and of serving on juries, which it refuses to the other. How far this discrimination may be carried, is obviously a matter of nice and difficult inquiry. The committee do not propose to engage in it. They believe it best, whenever a case occurs which must necessarily involve the decision of it, that it should be remitted to judicial cognizance.
In this view (which narrows their inquiries and duties) the committee are confirmed, by a consideration of the embarrassments and disasters which a different course of proceeding might sometimes produce. When a people are authorized to form a State, and do so, the trammels of their Territorial condition fall off. They have performed the act which makes them sovereign law, and we leave it, as we should that of another and independent. If they pass an unconstitutional State, to the decision of a judicial tribunal, the illegal with which we are familiar. The control of the Genact is divested of its force by the operation of a system eral Government is exercised in each particular case, in support of individual right, and the State retains the condition which it has just acquired, and would not easily renounce. But a decision by Congress against the constitutionality of a law passed by a State which it had authorized the establishment, could not operate directly by vacating the law; nor is it believed that it could reduce the State to the dependence of a Territory. In these circumstances, to refuse admission into the Union to such a State, is to refuse to
extend over it that judicial authority which might vacate the obnoxious law, and to expose all the interests of the Government within the territory of that State, to a Legislature and a Judiciary, the only checks on which have been abandoned. On the other hand, if Congress shall determine neither to expound clauses which are obscure, nor to decide Constitutional questions which must be Jifficult and perplexing, equally interesting to old States, whom our construction could not, as to the new, whom it ought not to coerce, the rights and duties of Missouri will be left to the determination of the same temperate and impartial tribunal which has decided the conflicting claims, and received the confidence, of the other States.
The committee recommend the adoption of the following resolution :
This report having been read by the Clerk, the resolution therein referred to was read, as follows:
Whereas, in pursuance of an act of Congress passed on the sixth day of March, one thousand eight hundred and twenty, entitled "An act to authorize the people of the Missouri Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain Territories," the people of said Territory did, on the nineteenth day of July, in the year one thousand eight hundred and
the said act:
unfavorable report on the petition of John Stipp; which was concurred in.
Mr. SMITH, from the same committee, made an unfavorable report on the petition of Samuel Peckham, Jr., Inspector of Customs for the district of Vermont, stating that he obtained a judgment against Nathaniel Tuft for goods illegally im
Be it therefore resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the State of Missouri shall be, and is hereby declared to be, one of the Uni-ported, in 1812, to the amount of three thousand ted States of America, and is admitted into the Union on an equal footing with the original States, in all respects whatever.
The resolution was then read a second time.
Mr. LOWNDES moved to refer the resolution to a Committee of the Whole, on the state of the Union, which would put it in the power of the House to act upon it at any time it thought proper. He need not say, that there was no disposition to act upon this subject without full notice to all parties concerned; and if no other person did, he should himself, when proposing to call for the consideration of the report, give a day or two notice of his intention to do so. Whilst up, he took occasion to say, that this report, as indeed all reports of committees, must be considered as the act of a majority of the committee, and not as expressing the sentiments of every individual of the committee. The reference was agreed to.
FRIDAY, November 24.
Two members appeared and took their seats; viz: from Maryland, THOMAS CULBRETH, and from Virginia, JOHN TYLER.
Mr. TYLER presented the memorial of the merchants and other citizens of Richmond and its vicinity, against an increase of the tariff of duties on imports; a discontinuance of the credit now granted on said duties; the abolition of drawbacks of duties and other restrictions on the commerce of the United States; which was referred to the Committee on Manufactures.
six hundred dollars, and that by an act of Con-
Judiciary, made a report on the petition of Curtis
Mr. SERGEANT, from the same committee, reported a bill for the relief of Andrew Kennedy; which was twice read and committed.
Mr. ANDERSON, from the Committee on the Public Lands, reported a bill for the relief of Daniel Seward; which was read a first and second time, and committed.
The engrossed bill to provide for paying to the State of Illinois the amount of three per cent. of in the State of Illinois, was read a third time, the net proceeds of the sales of public lands withpassed, and ordered to be sent to the Senate for
CLAIM OF JOHN COWAN.
The House then resolved itself into a Committee of the Whole on the report of the Committee of Claims unfavorable to the petition of John Cowan.
[Mr. CowAN prays the allowance of four hundred and sixty dollars for shoeing, at their own Mr. SMITH, of Maryland, from the Committee expense, the horses of a company of cavalry in of Ways and Means, presented a report on the the service of the United States, from September petition of Daniel Lathrop, late a postmaster at 28, 1814, to March 28, 1815, and of fifty-two dolWaterbury, in New York, praying relief from the lars paid for forage, in consequence of the United loss of a sum of money received by him for post-States failing to supply the same. The commitages, the same having been wasted by a person in whose care it had been placed for the use of the General Post Office; which report was concurred in by the House.
Mr. SMITH, from the same committee, presented the following report:
The Committee of Ways and Means, to whom was referred the memorial of the inhabitants of Salem, report
That the memorialists pray Congress to exempt from duty all imported books in the learned and foreign languages, whether reprinted in this country, and all works of science, in the English language, which shall not be reprinted here within the term of one year from their original publication.
The committee submit the following resolution: Resolved, That it is inexpedient to grant the prayer the memorialists.
The same was read, and concurred in.
tee report against the claim, as well because the allowance of forty cents per day ought to cover the expense of shoeing, as because of the informality of the evidence in support of the claim.]
Mr. JONES, of Tennessee, moved to reverse the report in this case, so as to declare that the claim ought to be allowed.
This motion gave rise to debate, being supported by Mr. WILLIAMS, of North Carolina, and Mr. RICH, of Vermont.
In the end, the motion to amend the report was negatived-55 to 41; and this being reported to the House, was there concurred in, and the original report was agreed to.
The House adjourned to Monday.
MONDAY, November 27.
Another member, to wit: from Mississippi,
Mr. SMITH, from the same committee, made an CHRISTOPHER RANKIN, appeared and took his seat.
A new member, to wit: from Massachusetts, BENJAMIN GORHAM, elected to supply the vacancy occasioned by the resignation of Jonathan Mason, also appeared, was qualified, and took his
Mr. MOSELEY presented a memorial of the Chamber of Commerce of the city of New Haven in the State of Connecticut, against any alteration in the tariff of duties on imports, by way of protection and encouragement to the manufacturing interest of the country; which was referred to the Committee on Manufactures.
Mr. LOWNDES presented a similar memorial of a convention of delegates, representing the merchants and others interested in commerce, assembled in the city of Philadelphia; which was also referred to the Committee on Manufactures.
Mr. LOWNDES presented a petition of Enrico Causici, sculptor, praying to be employed to execute, in marble, a statue representing the Genius of the Constitution, a cast of which, in plaster, is now placed above the Speaker's chair, in the Hall of this House; or that he may be employed to execute a colossal statue of the General Baron de Kalb, ordered to be erected to the memory of that officer by Congress, in the year 1780; which petition was referred to the Committee on the Public Buildings.
The SPEAKER laid before the House a certificate of the election of EDWARD B. JACKSON, of Virginia; which was referred to the Committee of Elections.
On motion of Mr. CAMPBELL, the Committee on Private Land Claims were instructed to inquire into the expediency of so amending the act, entitled "An act for the relief of the legal representatives of Henry Willis," passed on the 8th day of May, 1820, so as to except from the location of the land therein mentioned, town lots and sites for
Mr. SMITH, of Maryland, from the Committee of Ways and Means, to whom was recommitted a report of last session on the petition of Perley Keyes and Jason Fairbanks, reported a bill for their relief; which was twice read, and committed. Mr. WILLIAMS, of North Carolina, from the Committee of Claims, pursuant to instructions, reported a bill for the relief of Elias Parks; which was twice read, and committed.
The House then resolved itself into a Committee of the Whole, on the report of the Committee of Claims on the petition of Joseph Janney.
[Mr. Janney, a resident in the Northern Neck, in Virginia, represents, that, during the stay of the British in the Rappahannock river, in Virginia, they destroyed, in one of their incursions, his dwelling-house, &c., which were at the time occupied by the militia; and that he believes this destruction was solely caused by the fact of the buildings having been used for military purposes. For this loss he prays compensation. The committee report against his petition.]
Mr. GARNETT, of Virginia, moved to reverse the report, so as to declare that the prayer of the petition ought to be granted.
On this motion a smart debate took place be
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tween Mr. GARNETT on one side, and Mr. WILLIAMS, of North Carolina, on the other; which resulted in the rejection of Mr. GARNETT's motion, by a considerable majority, and the final concurrence in the original report of the committee.
The House then resolved itself into a Committee of the Whole, on the report of the Committee of Claims unfavorable to the petition of the levy court of Calvert county, Maryland, who ask indemnification for the loss of the courthouse of the county, destroyed by fire by the British during the late war in consequence of its having been occupied for military purposes.
Mr. NEALE, of Maryland, moved to reverse the report, so as to declare that the petition is reasonable and ought to be granted; and supported his motion with much earnestness. He was seconded by Mr. SMITH, of Maryland, and opposed by Mr. WILLIAMS, the chairman of the Committee of Claims.
The motion to amend was negatived by 61 votes to 49, and the original report concurred in by the same majority.
The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Speaker of the House of Representatives:
In conformity with a resolution of the Senate of the 28th of January, 1818, I communicate herewith to the House of Representatives the report of the Commissioner of the Public Buildings, required by that resolution.
JAMES MONROE. WASHINGTON, Nov, 22, 1820.
To the President of the United States:
SIR: The expenditures on account of the centre building of the Capitol, from October 1, 1819, to the 30th of September, 1820, as far as regular vouchers have been received, amount to one hundred and twenty-seven thousand three hundred and ninety-six dollars and fourteen cents. For the progress made in this building, I beg leave to refer to the report of the Architect, a copy of which, marked A, is annexed. I have the honor to be, most respectfully, your obedient servant,
SAMUEL LANE, Commissioner of Public Buildings.
WASHINGTON, Nov. 19, 1820.
SIR: At the close of the season for active operations, I present a statement of the proceedings for the past year, and of the progress made on the Capitol of the United States.
The alterations and improvements suggested for the Representatives' Room and Senate Chamber have been effected within the amount of the estimated expense. Considerable progress has also been made in regulating and improving the grounds: the planting of trees and shrubbery will be continued while the weather will permit.
The work on the centre of the Capitol has been urged on with as much force and despatch as the solid nature of its construction would allow. The external
walls of the west projection, and the greater part of
the internal walls connected with them, have been
Respectfully submitted by your obedient servant,
Architect Capitol U. S.
SAMUEL LANE, Esq., Commissioner, &c.
The Message and report having been read, were ants of the district of Abbeville in that State, in ordered to lie on the table.
opposition to any increase of the present tariff of manufacturing interest of the country; which duties on imports, by way of protection to the memorials were referred to the Committee on Manufactures.
Mr. LOWNDES presented a memorial of sundry inhabitants of the District of Columbia, praying for the erection of suitable buildings for a penitentiary, and the establishment of a system of penitentiary jurisprudence within the said District; which was referred to the Committee for the District of Columbia.
On motion of Mr. CANNON, the bill of the last session, to provide for clothing the militia when called into actual service, was taken up, and recommitted to a Committee of the whole House.
Mr. CAMPBELL, from the Committee on Private Land Claims, reported a bill to amend the act for the relief of the legal representatives of Henry Willis, deceased; and
Mr. CAMPBELL, from the same committee reported a bill for the relief of Jacob Hunsinger; which bills were severally twice read and committed.
Mr. SMITH, declining entering into any argument in support of the proposition, on which his views had been fully expressed at the last session, said, he had called up the question at this early day, in the hope that an expression of the opinion of the House on the subject might be obtained at this session. He added a few other remarks. This House and the Senate, he said, were not, he begged gentlemen to remember, the last resort on this question. All that was asked of them was, to allow the question to be submitted to the people of On motion of Mr. TYLER, the Committee on the United States, as represented in the several Commerce were instructed to inquire into the exState Legislatures, the consent of two-thirds of pediency of altering the Richmond collection diswhom was necessary to sanction the act. If two-trict, so as to make the same extend from Bermuda thirds of the people were in favor of the amend- Hundred to the mouth of Chickahomony river, ment, it ought to take place; if, on the other hand, including the shores of James river, on the north, they deemed the change inexpedient, they would as far as mid-channel. say so, and the proposition would of course fall to the ground.
Mr. OVERSTREET, of South Carolina, moved to amend the following clause, by striking out the words therein which are printed in italic:
"The Electors, when convened, at the time and place prescribed by law for the purpose of voting for President and Vice President of the United States, shall have power, in case any of them shall fail to attend,
On motion of Mr. STRONG, of New York, the Postmaster General was directed to report, as soon as may be, to this House, a list, if any, of mail contractors who are at the same time postmasters, and the compensation of such contractors and postmasters, designating the State or Territory in which they respectively reside.
Mr. STEVENS Submitted the following motion:
Loan of Munitions.
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ditor; which letter and accompanying documents were ordered to lie on the table.
The House, then, on motion of Mr. B. SMITH, of Virginia, went into a Committee of the Whole, on the report of the Committee of Private Land Claims, made at the last session, unfavorable to the petition of Jacob Shafer to be confirmed in his claims to certain lands.
directed to inquire and report whether, in their opinion, the public good requires that a tract of land be surveyed and appropriated for laying a road from the north boundary line of the State of Ohio to Detroit in a place most convenient for that purpose, and also sufficient to pay for working the same; and be further directed, if in their opinion such appropriation would be of public utility, to report a bill for that purpose. Mr. S. made a few observations to show the utility and expediency of the object contemplated by his motion; and the resolution was agreed to. cision of that select committee, and declare the Mr. BALLARD SMITH moved to reverse the deOn motion of Mr. ANDERSON, the report communicated to the Senate from the Secretary of prayer of the petitioner, to a certain extent specithe Treasury, transmitting (pursuant to a resolu-fied, such an one as ought to be granted; which tion of the Senate, of 3d of April, 1820,) a state- motion he supported at some length. ment of money annually appropriated, and paid, since the Declaration of Independence, for purchasing from the Indians, surveying, and selling, the public lands; showing, as near as may be, the quantities of land which have been purchased; the number of acres which have been surveyed; the number sold, and the number which remain unsold; the amount of sales, the amount of forfeitures, the sums paid by purchasers, and the sums due from purchasers, and from receivers in each land district-was ordered to be printed for the use of this House.
On motion of Mr. STORRS,
Resolved, That the Secretary of the Treasury Department be directed to communicate to this House the amount of moneys drawn from the Treasury of the United States, by the War and Navy Departments, respectively, from the 30th day of December, 1819, to the 13th day of November instant, designating the amount drawn under each respective appropriation, together with an account of any transfers, which may have been made at the Treasury during the last recess of Congress, from one appropriation to any other; and, also, the aggregate amount of payments made during the same period by the Treasurer of the United States, as agent of the War and Navy Departments, respectively, on warrants drawn by the said Departments on the Treasurer as such agent, designating the amount of payments made under each head of appropriation, respectively, during the same period.
On motion of Mr. Cook, the Secretary of the Treasury was directed to lay before this House a statement of the number of claims to military bounty land, for services rendered during the late war which remain unsatisfied; the aggregate amount of acres necessary to satisfy those claims; and the time when the lands will be ready to be distributed among the respective claimants.
The SPEAKER laid before the House a letter from the Comptroller of the Treasury, transmitting a list of balances on the books of the Second and Third Auditors, which have remained due more than three years prior to the 30th September, 1820; a list of such persons as have failed to render their accounts to said auditors within the year; and a list of advances made prior to the 3d March, 1809, by the War Department, and which remained to be accounted for on the books of the Third Au
Mr. CAMPBELL, chairman of the select committice of the report. tee, opposed the motion, and maintained the jus
Mr. SMITH rejoined; and, the question being taken, the motion to amend the report was negatived.
The Committee then rose, and the report was confirmed by the House.
solved itself into a Committee of the Whole, on The House, on motion of Mr. KENT, next rethe bill to incorporate the Managers of the National Vaccine Institution.
Considerable time was spent in the details of this bill; in amending which, Mr. Foor and Mr. KENT took the chief part; after which, the bill was reported to the House, and the amendments agreed to; when the question was taken on ordering the bill to be engrossed and read a third time, and was decided in the affirmative-yeas 51, nays 44.
The bill for the relief of Nicholas Jarrot, also passed through a Committee of the Whole, and being reported to the House, was ordered to be engrossed for a third reading.
LOAN OF MUNITIONS.
Mr. FORREST submitted the following, to wit: Whereas it appears, by a report of the Secretary of War, dated the 12th day of February, 1820, made in pursuance of a resolution of the House of Representatives, that large loans of powder and lead, munitions of the United States, were made to private persons by the Ordnance department:
pointed to inquire and report to this House, by whom Therefore, resolved, that a select committee be apthe said loans were made; and by what authority; why the same was not reclaimed at the expiration of the loan; what time the said loans were reported to the head of the department, and, if a loss should be sustained, how far, and to whom is the responsibility attached for such loss. And, further, to report the proper mode of proceeding forthwith against such delinquent or delinquents, for the recovery of the same.
Mr. LOWNDES had not the smallest objection to the proposed inquiry; on the contrary, he was willing it should have the widest possible scope that should be deemed necessary; but he suggested to the mover the impropriety of prefixing to the motion a preamble which affirmed certain facts before they were ascertained to exist. The adop