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that gave them existence. And if the Speaker, or any other man, violates that privilege or right, any one injured must have redress-in the case of a legislative act by a court of law-in the case of a rule, by petition to this House. In every shape therefore, these doctrines are incorrect and cannot be endured, unless we are prepared to offer up the rights of our constituents on the altar of dignity and power.

Mr. G. then contended, that in this petition there was no claim of right, no impeachment of the Speaker's motives, no allegation of injury. Mr. Richards prayed for admission with the other stenographers, upon the same footing, and subject to the same control. It could not seriously be contended, that one additional seat would incommode the House. He therefore hoped the amendment would be rejected, and the resolution pass as it came from the committee.

After a long debate the question to strike out was put and carried-85 to 75.

The question to insert Mr. BIBB's amendment was then put and carried-88 to 72.

WEDNESDAY, June 2.

The SPEAKER laid before the House a letter from the Commissioner of the General Land Office, transmitting a letter from the Register of the Land Office at Kaskaskia, relative to certain claims to land in that district; which were referred to the Committee on the Public Lands.

The remainder of the day was occupied in the reception and reference of petitions.

THURSDAY, June 3.

Another member, to wit: from North Carolina, BARTLETT YANCEY, appeared, produced his credentials, was qualified, and took his seat.

FINANCES OF THE UNITED STATES. The SPEAKER laid before the House a letter from William Jones, acting 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. The report is as follows:

In obedience to the act "supplementary to the act, entitled 'An act to establish the Treasury Department," the Acting Secretary of the Treasury respectfully submits the following report:

JUNE, 1813.

The enclosed statement (A) shows in detail the several sources from which the receipts were derived, and the branches of expenditure to which the disbursements from the Treasury were applied.

Pursuant to the act of the 8th of February last, subscriptions for a loan of sixteen millions of dollars were opened on the 12th, and again on the 25th of March last. But, although a thirteen years' annuity of one per cent. was offered in addition to a six per cent. stock at par, for the money which might be subscribed, it being apparent from the result of the first tained on those terms, proposals in writing were insubscription, that the whole amount could not be obvited. Offers, exceeding by about a million of dollars the amount wanted, were received, some demanding a thirteen years' annuity of one and a half per cent. in addition to six per cent. stock at par, but most of them requiring a six per cent. stock at the rate of eighty-eight per cent. On these terms, leaving to the subscribers the option, the loan was effected. In conformity with the public notification the same terms were extended to those persons who had subscribed on the first opening of the subscription, and they have the same option; which, if the stock, at the rate of eighty-eight per cent., be taken, is equivalent precisely to a premium of thirteen dollars and sixty-three cents and seven-elevenths of a cent for each hundred dollars loaned to Government. The enclosed papers under the letter B, are copies of the several public notices given on the subject, and a statement of the moneys respectively obtained by open subscriptions and written proposals, and showing also the sums obtained and payable in each place where subscriptions were opened.

Of that sum of sixteen millions of dollars thus obtained on loan, there was paid into the Treasury, prior to the first of April, 1813, the sum of $1,086,737 50, which makes a part of the moneys received previously to that day as stated in the statement (A.)

The resources for the residue of the year 1813 consist of the following items, viz:

1. The remainder of the loan abovementioned

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$14,913,262 50

9,320,000 00

5,000,000 00

29,230,000 00

The expenses for the last nine months of the pres

The receipts into the Treasury from the first of Oc-ent year are calculated as follows: tober, 1812, to the 31st March, 1813, have amounted

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1. Civil list, and all expenses of a civil nature, both foreign and domestic

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$900,000

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10,510,000

17,820,000 $29,230,000

1,855,734 53

17,775,068 94

Of the sum of $1,855,734 53, remaining in the Treasury on the 1st of April last, a small part may be considered as applicable to such extraordinary expenses already authorized, as may arise during the remainder of the year; and, for the same object, the

JUNE, 1813.

Finances of the United States.

sum of one million of dollars authorized by an act of the State of Pennsylvania, to be loaned to the United States, but which was not offered in time to be accepted as a part of the loan of sixteen millions, may be considered as a resource.

In this estimate the whole sum of five millions of dollars, authorized to be issued in Treasury notes, is taken as a part of the resources of the present year. But as it is not deemed eligible to increase the amount of Treasury notes in circulation, and as three millions only of those authorized by the act of 1812 were issued in that year, and are reimbursable in the course of the present year, it is respectfully suggested that in lieu of issuing two millions of the five millions authorized by the act of February, 1813, Congress should authorize an additional loan for the same amount, it being made a condition of such loan that its terms should not be higher than those of the loan of sixteen millions already effected.

The provision already considered is for the service of the present year only; that which will be necessary for the year 1814, requires an early attention. It is difficult to estimate with accuracy the sum which will be received into the Treasury from the revenue as now established. During a state of war, the customs, at the present rate of duties, have been heretofore estimated to produce five millions of dollars. The additional tonnage duty imposed upon foreign vessels by the act of the 1st of July, 1812, producing about two hundred thousand dollars a year, is not included in that sum. It is believed that, during the year 1814, a greater sum than five millions two hundred thousand dollars ought not to be relied upon as receivable into the Treasury from custom-house duties. The sum arising from sales of public lands may be estimated at six hundred thousand dollars, making, together, five million eight hundred thousand dollars. The interest alone on the public funded debt, on temporary loans, and on the Treasury notes, which will become payable in that year, will amount to four millions four hundred thousand dollars. The other engagements, on account of the principal of the funded debt, of temporary loans, and of Treasury notes, which will become reimbursable in that year, amount to seven million one hundred and fifty thousand dollars, exceeding, together, by more than five million seven hundred thousand dollars, the estimated amount of the receipts into the Treasury derived from the revenue as now established.

This view of the subject is sufficient to evince the necessity of a speedy and effectual provision for the service of that and the ensuing years. The mode and the extent to which this provision should be carried, have been heretofore suggested from this Department to Congress, and have received the consideration of that body. The expenses of the Peace Establishment of the United States, and the interest on the public debt, including that on the loans made for the prose cution of the war, are believed to be the least sum that ought, under any circumstances, to be raised within each year. These, if the expenses of the Peace Establishment are taken at the sum necessary for the ordinary expenditure of the United States previously to the additional armaments made in the year 1812, with a view to an approaching state of war, and including the interest on the loans of the years 1812 and 1813, and also of that which will probably be necessary in the year 1814, will amount, during that year, to eleven million four hundred thousand dollars, viz:

13th CoN. 1st SESS.-5

H. OF R.

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Although the taxes, if early laid, may be brought into operation in the commencement of the year 1814, yet, as they cannot be expected to have their full effect during that year, some auxiliary resource will be required. This may be found in the sum of one million five hundred thousand dollars, which is the excess of the Sinking Fund for the present year, over the demands on that fund, according to the existing engagements of the United States. This sum of one million five hundred thousand dollars may be carried to the Sinking Fund for the year 1814, and will be wanted in addition to the annual appropriation of eight millions of dollars, to meet the engagements on account of the public debt, which must be fulfilled during that year.

As reliance must be had upon a loan for the war expenses of the year 1814, the laying of the internal taxes may be considered, with a view to that object, as essentially necessary. In the first place, to facilitate the obtaining of the loan; and, secondly, for procuring it on favorable terms. It is ascertained that the terms of the loan for the present year would have been more favorable if the taxes had been previously laid; and it is obvious enough, that, by affording a security for the regular payment of the interest and the eventual reimbursement of the principal, more stable, and less liable to be weakened or cut off by the natural effects of war upon external commerce than a revenue depending, as that of the United States now does, almost wholly upon such external commerce, capitalists will advance with the greater readiness, and at a lower rate of interest, the funds necessary for the prosecution of the war.

Public confidence will be insured, and the means

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Mr. J. G. JACKSON, called up the resolution which he submitted for consideration a day or two ago, in the following words:

That at the last general election in Virginia for Representatives to Congress, the said Burwell Bassett and Resolved, That the following be added to the standthe said Thomas M. Bayly were opposing candidates, ing rules and orders of the House: An additional in the district composed of the counties of Middlesex, standing committee shall be appointed, at the comMatthews, Gloucester, Warwick, Accomac, North-mencement of each session, viz: a Committee on the ampton, James City, Elizabeth City, and the city of Judiciary, to consist of seven members. It shall be Williamsburg. From the poll of the several counties, the duty of the said Committee to take into considerthe sitting member appears to have had a majority of ation all such petitions and matters or things touchfifty-seven votes in the said district, and he was accord- ing Judicial proceedings, as shall be presented or may ingly returned as elected. come in question and be referred to them by the House, and to report their opinion thereupon, together with such propositions relative thereto as to them shall seem expedient.

The laws of Virginia prescribing the mode of conducting such elections, direct that the sheriff, or other officer conducting the poll, shall close it the same day, unless the electors be prevented from attending by rain or the rise of watercourses, or unless there be more electors attending than can be polled in one day. It appears that neither rain, nor the rise of the watercourses, prevented the electors from attending on the election in the county of Accomac. Yet the poll in this county was continued three days; for what cause does not appear. It is contended by the petitioner that

there is no evidence that this continuance was for a

cause warranted by law, and, therefore, that it ought to be presumed illegal, the election void, and a new one ordered.

It is urged on the other hand, by the sitting member, that, until disproved, the officer's return, who conducted the election, ought to be respected as prima facie evidence of the legality of the proceedings, and the committee are unanimously of this opinion.

That, of the polls taken for the county of Accomac, Burwell Bassett had 61 votes, and Thomas M. Bayly 735 votes; 109 of the latter are challenged as illegal by the petitioner, who presented a list of their names, the greater number of which, on examination, are not found on the land list. The fact of these being polled for the sitting member, rests entirely on the declaration of the petitioner, who alleges that their names are on the list of the polls taken for the sitting member, a certified copy of which he was unable to procure from the proper office, but which list the sitting member declares

to be incorrect.

It is alleged by both the sitting member and the petitioner, that at, and subsequent to the time of the election, the usual intercourse between the different parts of the district was so interrupted by the enemies' cruisers, as to put it out of their power to procure the necessary papers and evidence to support their respective allegations, and the sitting member asks for rea

Mr. JACKSON said he had been induced to submit this resolution, from the consideration that our laws are in many instances defective, and it is of the utmost importance that they should be amended; and that this object could be best attained by the appointment of a standing committee, to whom should be referred all propositions for establishing new courts and regulating their Powers. He recollected two cases, falling within his own observation, which had led him to contemplate some such provision; and it was not without some surprise that he found it had been passed over so long. As long ago as during the existence of the internal taxes, one of those cases occurred. It would be recollected, he said, that prosecutions might be commenced in State courts for the penalties attendant on infractions of those laws. In pursuance of this provision a prosecution had been commenced in Virginia in an inferior court; judgment was rendered against an individual, who it was manifest had not conformed to the provisions of the law. The case was carried to a higher court, however, and on the ground that the Constitution had vested the Judicial powers of the United States in the Supreme Court, and such other courts as Congress might establish, it was decided that it was not in the power of Congress to confer jurisdiction The offenders of course eson the State court. caped. Another case occurred in the course of the last year, in which a prosecution was instituted against a postrider, for having opened the public mail travelling from Ohio to Kentucky. The fact was notorious. The same question

JUNE, 1813.

Stenographers-Compensation to Volunteers, &c.

occurred again, and the same decision took place. The individual was permitted to escape without punishment. An amendment to our laws was unquestionably necessary in this respect. To consider such cases, and the various applications for altering the organization or location of courts, &c., he considered the appointment of a standing committee necessary. With this view, and also to render the decision of the House more uniform on these applications, as they would be if all referred to the same committee, he had thought proper to propose this amendment to the rules.

No opposition being made to the motion, it was adopted without a division.

STENOGRAPHERS.

H. OF R.

duce the majority to adopt the resolution. Mr. N made a strong appeal to the equity and feelings of the majority, and concluded by declaring he had performed what he deemed a sacred duty; and was no further solicitous for the issue of his motion, than what was induced by a wish, that the majority should sustain a character for liberality, fairness, and justice, which he feared would be sacrificed by its rejection.

Mr. FARROW said, he agreed with Mr. NELSON in all his remarks, except that he wished to place all the reporters in the gallery. He persevered in his motion to postpone.

The question was then taken and lost. Mr. FARROW then moved to amend, so as to place all the reporters in the gallery; but before he could reduce his amendment to writing

Mr. NELSON offered the following resolution: Mr. ALSTON moved to refer the resolution to "Resolved, That, for disseminating information a committee of seven, with power to revise and among the good people of the United States, it is ex-report any alteration of the rules they might deem pedient to admit stenographers into the House of Representatives; and that the Speaker of this House do cause seats to be provided for such additional stenographers as may be admitted, according to the standing rules and orders of this House."

Nr. NELSON said, he introduced this resolution to gratify his own sense of right, to do justice to the minority, and to facilitate the means of giving publicity to the proceedings of the House. He hoped it would pass without opposition.

Mr. ALSTON recommended, that the resolution should be referred to a select committee, which should have the power of revising the rules of the House. He was on the committee which reported the existing rule. He was for placing all the stenographers in the gallery. He thought the convenience of the House demanded this, and he would not impose upon the Speaker the disagreeable task, either of sending them all to the gallery, or making invidious distinctions between them. He hoped the mover would take this course; otherwise he should be forced to vote against this resolution.

Mr. FARROW moved that the resolution be postponed until to-morrow.

proper: Which motion was concurred in, 70 to 67. Mr. ALSTON, Mr. GROSVENOR, Mr. Fisk of New YORK, Mr. NELSON, Mr. GASTON, Mr. FARROW, and Mr. McKIM, were appointed the committee.

FRIDAY, June 4.

Two other members, to wit: from New York, SAMUEL M. HOPKINS; and from Delaware, HENRY M. RIDGELY; appeared, produced their credentials, were qualified, and took their seats.

Mr. PITKIN presented the petition of the Darby Fishing Company, praying a remission of certain forfeitures and penalties incurred for an unintentional violation of the non-importation law, by introducing within the waters of the United States a vessel loaded with produce of the British West Indies.

lar character.

The petition was referred.

The petition having been read, Mr. P. moved to refer it to the Committee of Ways and Means. Some objection was made by Mr. WRIGHT to the reference of this petition, because it was not proper to legislate on particular cases, and because he looked upon this as one of a questionable character; but the opposition was withdrawn on the Mr. NELSON said, that he could not accede to representation of Mr. PITKIN of the circumstaneither proposition. One great object, he said, of stances of the case, and Mr. WRIGHT Contented introducing his resolution was, that he might not himself with expressing his hope that if any probe considered as coinciding in the reasons here- vision resulted from the consideration of that petofore given upon the petition of George Rich-tition, it would be of a general and not a particuards. He voted against that petition. But not for the reasons assigned by the majority on the floor, which he wholly disavowed. He said, he had made this motion from a sense of duty; the public ought not to be debarred from any source of information; the minority ought not to being resolution: deprived of a stenographer by any exercise of Resolved, That a committee be appointed to inquire power on the part of the majority. The news- what provision ought to be made for the compensation papers through the country, said Mr. N., are de- of the mounted riflemen who were called into sernouncing us for closing our doors against Fed-vice from the State of Kentucky in the year 1812, and eral stenographers, and for using our power to that the committee be authorized to report by bill or oppress and bear down the minority on this floor. otherwise. Will you continue to exclude reporters, and thereby sanction and justify all these accusations? Mr. N. said, he hoped not. He trusted a sense of justice to the minority and the public would in

COMPENSATION TO VOLUNTEERS, &c.
Mr. SHARP offered for consideration the follow-

Mr. S. said it might be necessary, for the information of some gentlemen not acquainted with the fact, to state that the troops alluded to in this resolution were those called out last autumn from

H. OF R.

Tennessee Contested Election.

JUNE, 1813.

their native soil, but a distant and exposed frontier; whilst the amendment proposed to embrace those who had defended merely their own firesides. It was not imperatively the duty of Kentucky to send out her forces; but she was influenced by circumstances, and the impossibility of the Government acting with sufficient promptitude and efficacy. He was therefore opposed to joining things which were so distinct in their nature.

the State of Kentucky. At the time that Detroit was surrendered, and Chicago had fallen into the hands of the enemy, there were but two forts in the Western country which resisted their encroachments. These were Fort Wayne and Fort Harrison, defended by small garrisons, which were likely to fall into the hands of the enemy, being at too remote a distance to receive immediate succor at the hands of the General Government. It was then that the Governor of Kentucky was applied to for a force for their relief. The citi- Mr. WRIGHT was in favor of the original mozens of Kentucky, with their characteristic patri- tion; but he hoped the House would not feel inotism, immediately marched forth to their relief, disposed to consider also the claims of those and defended the frontier until a regular force who with equal zeal had defended the maricould be organized and marched. The services time frontier from an enemy of as perfect a savthey rendered on this occasion were prompt, vol age character as those savages whom the Kenuntary and efficacious; and he hoped that there tuckians had gone out against. He honored the would be no hesitation in considering this sub-patriotism of Kentucky; he honored her exerject and making the necessary provision for their compensation.

tions; but it was proper also to consider the claims of other sections of the Union. The cases were made ex pari materia, and ought not to be separated; he hoped, therefore, they would all be referred to the Military Committee, and that no line would be drawn between the exertions of different parts of the country.

Mr. GRUNDY said it was far from his intention to oppose the object of the motion. But he would suggest one consideration, which might induce the gentleman to agree to give it a different direction. That many measures had been taken by the Governors of several States, as well as by Mr. GOLDSBOROUGH hoped the inquiry would officers of the Army, by which expenses had been be general. He could not see the full force of incurred not authorized by law, was a fact well the distinction drawn by the gentleman from known, particularly to those who represented the Kentucky. He would ask, where was the differWestern country. It seemed to him that this and ence of obligation to defray the expense of defendsimilar propositions ought to be referred to a coming one part of the country or another? The mittee who could act generally on the subject; and let all concerned know what might be expected to be done on this head. If particular cases were referred to particular committees, individual and local feelings, of which no man can or ought to divest himself, would perhaps influence them to decide contrarily, &c. He therefore moved that this subject be referred to the Military Com

mittee.

Mr. SHARP consented that his motion should take that course.

Mr. GOLDSBOROUGH said that he considered all cases in which the force of the country had been called out for its defence as standing on the same ground; and was of opinion that all the expenses of the militia and other forces, called out by the State authorities for the defence of the soil, ought to be defrayed by the General Government. He therefore hoped the gentleman would so modify his motion as to make the inquiry general.

Mr. SHARP having declined to connect his motion with any other question, with the merits of which he was not acquainted

same obligation had relation to all. For instance, he said, the militia of Delaware had been called forth to the defence of Lewistown; some few troops had been drawn from Pennsylvania for the like purpose. Were not the United States in this case as much bound to pay those called from Delaware as those from Pennsylvania? He did not say, as a positive proposition, that all the expenses of defence ought to be reimbursed by the General Government; but he did say, that in directing the attention of a committee to this subject, the rule should be general. He hoped no disposition. would prevail to give to one State an opportunity of making larger drafts from the Treasury than another.

Mr. MCKEE disclaimed any intention, in making a distinction, to excite unpleasant feelings; but there still appeared to him to be an obvious distinction between militia called out for the defence of their own firesides, and those marching for the defence of a distant territory. He had no objection to the proposed amendment, if in a separate proposition, but he still thought they ought to be kept distinct.

The amendment proposed by Mr. GOLDSBOROUGH was agreed to by the House; and also another amendment, suggested by Mr. JENNINGS, to add the words "and the territorial" before the word "Governments."

Mr. GOLDSBOROUGH moved to amend the motion by adding, after the words "eighteen hundred and twelve," the following: "And also for defraying the expenses of the militia called out under the State authorities for the defence of the country against the incursions of the enemy." Mr. MCKEE pointed out what he conceived to be an obvious distinction between the two cases proposed to be blended in this motion. The object of his colleague's motion was to inquire into CONTESTED ELECTION. the propriety of compensating those who had Mr. FISK, of Vermont, from the Committee of marched, not to defend their particular State, not | Elections, to whom was referred the petition of

The resolution, as amended, was then adopted, nem. con.

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