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H. OF R.

Proceedings.

APRIL, 1922

MONDAY, April 22.

copies thereof, if in writing, and the substance thereof, Mr. F. JOHNson, from the Committee on the if verbal, with all the terms, conditions, and stipulaPost Office and Post Roads, reported a bill to es- tions, written or verbal, as well on the part of the Uni. tablish certain post roads, and to discontinue ted States, as on the part of the lessee

, the quantity

of land leased, promised, or engaged, to each person, others; which was twice read, and committed. Mr. Smith, of Maryland, from the Committee names and places of residence of their securities, if

their names and places of residence, together with the of Ways and Means, reported a bill relating to any; whether the said leases, promises, agreements, Treasury notes; which was twice read, and or

or engagements, if any, are in force, if not now in dered to be engrossed for a third reading.

force, when will they be completed or put in force ; [This bill provides : “That, from and after the whether such leases, promises, or engagements, bare passing of this act, no Treasury note shall be re- been made with or without public notice, and by whom ceived in payment on account of the United on the part of the United States, and with whom on States, or paid or funded, except at the Treasury the part of the lessees, and their securities, if any. of the United States."]

And also a copy of the regulations and instructions, Mr. Scott, from the Committee on the Public if any have been made, for carrying into effect any law Lands, to whom was referred a bill from the Sen- authorizing the leasing of lead mines. ate to enable the holders of incomplete French and The resolution was ordered to lie on the table Spanish titles to lands in Missouri to institute one day. proceedings to try the validity of their titles, &c.,

Mr. BRECKENRIDGE endeavored to obtain a reported the same with sundry amendments; and hearing of the bill for removing the district court the bill and amendments were referred to a Com- of Kentucky to Louisville, by moving to discharge mittee of the Whole.

the Committee of the Whole from the further Mr. Hardin, from the select committee, on the consideration of it, in order to bring it directly subject of retrenchment, reported, in part, a bill, before the House. But the motion was opposed the object of which is to reduce the Revolutionary by Mr. J. T. JOHNSON, on the ground that that pensions, for all grades of rank, from and after a bill involved something like an affirmation of the given day in the year 1824, to four dollars per propriety of giving to the courts of the United month.

States jurisdiction over interior waters, navigable The bill, which, Mr. H. computed, would, if by boais only. Mr. B. denied that this question passed, effect a saving of $900,000 for the first

was at all embraced in it; but Mr. J. persisted in year it got into operation, and proportionably his opposition—and finally moved to discharge thereafter, was twice read, and committed—Mr. H. the Committee of the Whole from the bill from giving notice of his intention to call up this bill, the Senate respecting admiralty jurisdiction, as and the one previously reported by the same com- well as that moved by Mr. BRECKENRIDGE. And mittee, on Wednesday next.

the question being put in that shape, was decided The House proceeded to consider the bill ma- in the negative. So the House refused to enter king appropriations to carry into effect a treaty into the consideration of either of said bills. made at Chicago, and a treaty made at Edwards

Mr. Rich called for the consideration of a resville. Whereupon, it was ordered that the bill be recommitted to the Committee of Ways and olution by him submitted on a former day, propoMeans.

sing to alter the rules of the House ; but, the Mr. BUCHANAN communicated to the House a

question being put, the motion was negatived. resolution adopted by the General Assembly of

Mr. BURTON called for the consideration of the Pennsylvania, requesting, for the reasons therein bill to repeal the existing law for the encouragestated, that the fines imposed on the militia of that ment of vaccination, and the motion to take it up State, for non-compliance with certain requisi- was agreed to. tions of the President of the United States, in the

Mr. Bateman moved to commit the bill to a late war with Great Britain, may be transferred Committee of the Whole, which motion was opto the said State, with power to collect the same; bill was ordered to be engrossed for a third reading:

posed by Mr. Burton, and negatived; when the which resolution was referred to the select committee appointed by this House upon the subject the bill to extend the jurisdiction of justices of

Mr. WOODCOCK called for the consideration of of said fines.

On motion of Mr. Warfield, a committee was the peace in the District of Columbia ; which appointed to report the best mode, in their opinion,

was agreed to be taken up—ayes 81. of giving to the public a full and correct state- then recommitted to the Committee on the Dis

The bill, on motion of Mr. WOODCOCK, was ment of the debates and proceedings of this House; trict of Columbia, with directions to report a bill and Messrs. WARFIELD, MERCER, SERGEANT, Jones of Tennessee, and Ġorham, were appointed thereon, pursuant to an amendment that had been the said committee.

adopted by the House. Mr. Scott submitted the following resolution :

The SPEAKER laid before the House a commuResolved, That the President of the United States nication from the Department of Staie, transbe requested to communicate to this House whether mitting the annual statement respecting passenany, and, if any, how much revenue has accrued to ger ships and vessels; which, on motion of Mr. the United States from the leases of lead mines in TOMLINSON, was ordered to be laid on the table. Missouri; whether any lease, promise, or agreement, The House again proceeded to consider the is now in force for any lead mine in Missouri, and tho I message of the Senate, notifying that they insist

APRIL, 1822.

Mix's Contract for Stone Military Appropriations.

H. OF R.

on their disagreement to the amendment proposed McD. said he would state, that, on an investigaby this House to their amendments to the bill of tion, the facts of this case would be found very this House, entitled "An act to provide for paying different from what they had been represented to to the State of Missouri three per cent. of the net be. He was authorized to say that, if Mr. Mix proceeds arising from the sale of the public lands had not taken this contract, a loss would have within the same:" Whereupon, it was resolved, been occasioned to the United States of $75,000that this House do agree to the conference asked the contract having been taken by Mr. Mix at half by the Senate upon the subject-matter thereof, a dollar per perch less than was just about to be and that managers be appointed to attend said contracted for with another person. A great deal conference on their part; and Messrs. Rankin, had been said about the extravagance of the price Taylor, and BUTLER were appointed the said of this stone. At this time such a price would be managers.

high, but the contract was made in the year 1818, A message from the Senate informed the House at which time every article was higher than it that the Senate have passed the bill of this House, now is, in consequence of the depreciation of the entitled "An act making appropriations for the national currency; which fact ought to be taken support of Government for the year 1822," with into consideration. amendments; and they have passed a bill, enti- Mr. Sawyer said, he had no objection to this tled "An act to provide for the selection of a site resolution; but as for the abrogation of the conon the Western waters, for the establishment of a tract with Mr. Mix, on account of his failure to national armory ;' in which amendments and deliver a stipulated quantity of stone, it was suffibill they ask the concurrence of this House. cient to say, that, if the allegation were true, the MIX'S CONTRACT FOR STONE.

fault lay not with Mr. Mix, but with this House, Mr. Butler submitted for consideration the fol- below the amount required by the Secretary of

which reduced the appropriation for fortifications lowing resolution:

War to comply with existing contracts. For this Resolved, That a committee be appointed to inquire Mr. Mix was certainly not to blame. into the contract between the War Department of the Mr. CAMBRELENG said he hoped the resolution United States and Elijah Mix, of the 25th July, 1818, would be adopted. He thought, from the stateto report whether the same was made in pursuance of ment which had been made by the gentleman from law, and whether the said Mix has performed his cov- New York some days since, that the subject reenant; and such other facts as they may deem properquired investigation. On one point he begged relative to said contract.

leave to differ from the gentlemen from South In offering this resolution, Mr. Butler remark-, Carolina and North Carolina. He did not think ed, that he discovered, on consulting the documents that Government, under any circumstances, ought on this subject, that, according to the contract, to have made a contract with Mr. Mix. This there was due to the United States the delivery of opinion was formed from what he had heard from 150,000 perch of stone on the 1st January last, and gentlemen on different sides of the House on this tbat, on that day, there had been actually delivered subject: only 102,437 perches ; so that the contract had not Mr. MercaLFE proposed an amendment for givbeen fulfilled on the part of Mr. Mix, and was no ing to the committee power to send for persons longer binding on the United States. Besides, he and papers. He did not mean to censure the insaid, there were, to say the least, suspicious ap-dividual who was implicated in this discussion, pearances about this contract. No proposals for nor to exonerate him from censure. But he was ibis contract were publicly invited, by advertise-induced to believe some very satisfactory informent or otherwise. It was said, too, that Mr. Mix mation might be got on this subject by a resort to bad sold out his contract at a dollar and a half per oral testimony. perch; and Mr. B. said he observed, from the ac Mr. Butler accepted the proposed amendment count of contracts laid before the House, that a as part of his motion; and, thus modified, Mr. B.'s contract had actually been made by the Govern-motion was agreed to without opposition. And ment, at Philadelphia, for stone, to be delivered at Messrs. BUTLER, METCALFE, and Campbell, of the Pea Patch, for a dollar and a half per perch, Ohio, were appointed the said committee. whilst three dollars per perch was paid to Mix. Taking the time, place, and manner of the con

MILITARY APPROPRIATIONS. tract into consideration, and the default of the con The House then resolved itself into a Committractor to fulfil his engagements, he had thought tee of the Whole on the state of the Union, on proper to submit this resolution. No appropria- the bill making further appropriations for the suption that is made at this session, Mr. B. contended, port of the Military Establishment of the United ought to be expended under that contract. States, for the year 1822.

Mr. McDuffie said, he was very glad the gen The question recurred upon the motion of Mr. tleman from New Hampshire had introduced this SERGEANT, to amend the bill by inserting a clause resolution. It was the proper course to pursue in to appropriate the sum of $19,000 to complete the cases of this kind. If there was any thing im- arsenal at Frankfort, Pennsylvania. proper in the conduct of any officer of the Gov Mr. Sergeant enforced the expediency of the ernment, it was proper to inquire into it, not inci- proposition he had made, to prevent the arsenal dentally in debate, or by ex parte statements on this alluded to from falling into ruins, and he reviewfloor, but by judicial investigation. While up, Mr. I ed at some length the opinions that had been ex

H. OF R.

Military Appropriations.

APRIL, 1822.

pressed on Saturday, by the chairman of the Com- had been stricken out, the clause, as amended, was mittee of Ways and Means, (Mr. Smith, of Mary- adopted. land.)

On the appropriation for the reparation of arms Mr. J. S. JOHNSTON replied, in opposition to two sums were named, viz: $11,960 by the Comthe amendment, and was particularly adverse to mittee of Ways and Means, and 27,585 by Mr. placing the proposition as preliminary to, and in ex- Top. clusion of, an appropriation to rebuild Fort St. In support of the latter sum, Mr. Top observPhilip, for the defence of New Orleans, which ed, that last year, when the fit of economy came he observed was the most weak and exposed point on, it discharged itself on this very appropriation, in the Union.

and, when $100,000 was asked for, nothing was The debate was continued with considerable given. The consequence was, that between three warmth and animation by Messrs. SERGEANT, and four hundred workmen, composing nine-tenths Smith, of Maryland, and BalDWIN, when the of the whole, were dismissed from employment, motion, after some prefatory remarks, by the and were compelled either to beg, or steal, or starve, mover, was withdrawn, with the view of propus- or work on the public highways at twelve and an ing it in the subsequent progress of the bill. half cents per day. He thought, while we kept

The item for the repairs of the fortifications in so many soldiers doing nothing, and while we had the United States being under consideration a force in the Pacific, that was more expensive

Mr. Hill moved to amend the clause in which than the profits of all that trade would amount to, it was contained, so as to include about $2,000 it was really too much to dismiss these poor felfor an appropriation for fortifications at Portland, lows, with their leather aprons, from our service, in the State of Maine.

which the public interest required. If there was After a few observations from Mr. J. S. JOHN- to be a reduction, he thought it was much better STON

to discharge the band of musicians that were reMr. Cocke moved to fill the blank with the sum tained, he knew not for what-for he believed it of $15,000. He believed that sum was adequate was much the better to part with our fiddlers, than to the contingencies for fortifications.

our laborers. Mr. Smith, of Maryland, and Mr. WALWORTH, Mr. Smith, of Maryland, presented a detailed respectively, explained the subject, when the ques- view of the causes that had led the committee to tion was taken on the largest sum $22,000, and recommend the lesser sum. He stated the repeated lost; and, after some further remarks by Messrs. inquiries that had been made of the Ordnance deJ. S. JOHNSTON and Cocke, the question was partment the answers that had been given in retaken on filling the blank with the sum of $20,000, lation to the establishment at Greenleaf's Point, and carried.

which were unsatisfactory in giving any thing Mr. Hill renewed his motion to make a specific like a full and clear exposition of the facts, and appropriation for the repair of the fortification at from which the commitlee were disposed to withPortland, in Maine.

hold a larger appropriation. The motion was supported by Mr. Hill, and Mr. Top replied, and observed that the armoopposed by Mr. SMITH, of Maryland, and Mr. ries, &c., which belonged to the public, were Floyd, and lost.

managed with as much economy and fidelity as The appropriation for the Ordnance depart-private establishments, and he was unwilling that ment being under consideration, and an item for ihe full weight of economy should fall upon those the purchase of ammunition being included only who performed productive labor for the therein

public. Mr. Cocke expressed his surprise at such a pro Mr. Wood observed that the situation of our position, as he had learned from the chief of the arsenals and public stores was very little known. Ordnance department that the magazines were He had at an early part of the session presented already crowded with ammunition, and he advert- a resolution to obtain information on the subject, ed to the failure of the Executive to reply to a re- and the committee to whom it was referred had quest contained in a resolution of the House at neglected to report. He had no doubt there was an early period of the session, for information in disorder and confusion in that department, and respect to loans of powder, &c.

he was not prepared to make any appropriation Mr. Top contended that the Executive had fur- at all until the House was in possession of more nished an answer to the inquiry to which the information on the subject. The question was gentleman from Tennessee (Mr. Cocke) had al- then put on the largest sum, as named by Mr. luded.

Tod, and lost; and the lesser sum, as recommended Mr. Smith, of Maryland, remarked that the in- by the Committee of Ways and Means, was quiry to which the gentleman from Pennsylvania adopted. (Mr. Tod) had referred, was not the same resolu Further appropriations having been agreed totion to which the gentleman from Tennessee (Mr. Mr. Sergeant renewed his motion to approCocke) had adverted, but he was informed that priate $19,000 to complete the arsenal at Frankthe department was now employed in collecting fort

, Pennsylvania; and, after a few remarks in the facts necessary to give an answer to it. But, favor of the motion by Mr. SERGEANT, and in at all events, he thought it necessary to bring opposition to it by Mr. Smith, of Maryland, the that subject to bear upon the present and after question was taken thereon and negatived-ayes the word“ ammunition," on motion of Mr. Smith, 146, noes 49.

APRIL, 1822.

Vaccination.

H. of R.

Various appropriations having been gone through Lee, accompanied by a bill for his relief; which with

was read, and committed to a Committee of the Mr. Cocke submitted an amendment to the Whole. section, the purport of which was, that no extra The House took up and proceeded to consider allowance should be made to any Governor of a the resolution submitted on yesterday by Mr. Territory, in consideration of his services as ex Scott, concerning the lead mines of Missouri ; officio Superintendent of Indian Affairs.

which was agreed to by the House. The proviso was advocated at considerable Mr. ALEXANDER Smyth laid on the table the length by Mr. Cocke, Mr. RANKIN, and Mr. following: Floyd, and opposed by Mr. Sibley.

Resolved, That leave be given to bring in a bill alMr. Wood contended that ex officio services lowing to persons not residing within the District of ougbt not to be entitled to extra compensation ; Columbia the benefit of the law for the relief of inbui services that were rendered, not ex officio, but solvent debtors, in the like manner as the same is alby a Governor only, as an individual appointed lowed to persons residing within the said District. for a specific purpose, were fairly entitled to com [The object of this bill will be to abolish the pensation. He thought, therefore, the proviso residence of twelve months now required to entiwas too broad, and would lead to unjust results; tle a person to the benefit of the insolvent act and he was confirmed in the opinion which he within the District of Columbia.] had expressed, by a resolution offered some weeks On motion of Mr. F. Jones, the House agreed since, and which had been rejected by the House, to consider a bill for the relief of Alzira Dibrel that the system of Indian Affairs ought to be ren- and Sophia Hancock, daughters of Samuel Mitchovated and placed under a specific head, and sub- ell, by Molly, a Choctaw woman. ject to a specific responsibility.

Mr. Jones explained the object of the bill, Mr. Ross moved to amend the amendment by which was to confirm to these persons the title to providing that the amendment shall operate pro- a Iract of land reserved to them by the Treaty of spectively only; and he expressed his reasons in Mount Dexter, between the United States and the support of the proposition.

Choctaws, concluded in the year 1805. Mr. GILMER expressed his sentiments in favor After which, without further debate, the bill of the proviso offered by the gentleman from was ordered to be engrossed for a third reading. Tennessee, (Mr. Cocke) and opposed to the A bill from the Senate to authorize the selecamendment which had been proposed by the gen- tion of a suitable site for the location of a nationtleman from Ohio, (Mr. Ross.)

al armory on the Western waters, was read twice, Mr. Mallary was also opposed to the amend- and committed to the Committee on Military ment, on the ground that it implied a sanction of Affairs. the course that had been heretofore taken.

An engrossed bill relating to Treasury notes, Mr. Tracy considered that the principal amend was read a third time, and passed, and sent to the ment, offered by the gentleman from Tennessee, Senate. (Mr. Cocke,) was unequal and unjust in its op

VACCINATION. eration, as it was retroactive in respect to General Cass, and made no effort to cause the Attorney

The engrossed bill to repeal the act to encourage General and other officers in the Government to vaccination, was also read a third time. refund such sums as they had pocketed, and which

Mr. Condict moved to lay the bill on the table, essentially depended upon the same principle. He which motion was negatived--ayes 31, noes 64. was not disposed to look back and punish some,

The question then recurred upon the passage while immunity is granted to others, and he ex- of the bill, which Mr. Taylor required to be pressed a high regard for the character of Gover- taken by yeas and nays, which were thereupon nor Cass, as a man whose name should not be ordered. lightly treated by this country. This expenditure,

Mr. Wood turned to the act of Congress of he thought, had received the sanction of the Gov- 1813, which is proposed by this bill to be reernment for many years, and properly came within pealed, which confers no power or authority on the fund created to compensate for contingent the person named by the President as Vaccine services. An extra allowance for similar services Agent, other than of transmitting and receiving had been paid to his predecessor, Governor Hull, letters free of of postage, which, he said, appeared and he (Governor Cass) had therefore a fair right on the face of it so harmless, if not beneficial a to presume it would be extended to him. Mr. 'T. provision, he should like to hear some explanation contended, that it was in its operation an ex post of the objections to it. facto law, and ought not to receive the sanction Mr. Burton assigned some of the reasons which of the House.

had influenced the committee to report this bill. Mr. Rhea moved that the Committee rise and They were of opinion, he said, in the first place, that report progress, which was agreed to, and in the this subject was one strictly of internal policy, not House the Committee had leave to sit again. properly within the province of this Government

but of the several States, whose duty it was to regu

late every thing relating to health and police genTUESDAY, April 23.

erally. He had no objection, if Congress should Mr. Newton, from the Committee on Com- think proper, 10 extend the privilege of franking 'merce, made a report on the petition of Henry so far that it should be allowed to an agent for

17th Con. Ist Sess.-52

H. OF R.

l'accination.

APRIL, 1822.

vaccination for each and every State and Terri-greatest purity. The most careful man may, from tory; but he was opposed to Congress itself estab- accident or momentary inadvertence, commit a lishing the agencies. In what manner, he asked, mistake. If that be sufficient cause for his rehad the agency been conducted ? In the city of moval, let him be discharged. But, let there reBaltimore, the very seat of it, the small pox, ihat main some institution, at which there is a reasonscourge of the human family, had prevailed to an able probability of obtaining vaccine matter in its extent greater than in any part of the United purity. Mr. T. said, he had no acquaintance States. Was this not sufficient to convince any with the vaccine agent; he knew nothing of him man that the institution had not been properly but from his letters for several years, and public regulated? No man at this day doubted the effi- report, which had produced an impression on his cacy of vaccination to prevent the small pox. mind favorable to the Doctor. The gentlemen Why had it not been prevented in that very spot who lived nearer to him were better able to judge which was the seat of the Vaccine Institution ? l of his qualifications than he (Mr. T.) could. But, It was because it was rightfully a subject of State never, on this or any other occasion, would be reregulation, and could not be properly regulated peal a law to get rid of any individual whatever, by the Government of the United States. This unless it was in an extreme case. very agent, too, had sent the small pox matter Mr. Burton here stated, that it would perhaps into the interior of the country, where in all pro- save the gentleman some trouble to say, that the bability it would not have found its way for forty President had fully examined the case of the late years, but for this agency. The British army, occurrence in the Vaccine agency, and, being salwhen it marched through that part of the country isfied of mismanagement on his part, had disforty years ago, last communicated the small pox, missed the agent. The only question, therefore, and he thought it fair to presume that another now was, as to the abstract policy of the law proforeign army was not likely to march through posed to be repealed. that country for forty years to come, to introduce Mr. TAYLOR said he had not before been apit again. We had no wish for the small pox, said prized of the fact of the agent being dismissed. Mr. B., but it was sent to us in disguise; and this With regard to the policy of the law, he said mistake alone was sufficient reason for ihe repeal there surely might be found in the United States of the law. And, after having done this, the some individual in whom the necessary confidence agent came out with an address to the public might be reposed to discharge the duties of Vacabout some new disease, varioloid he believed cine agent. It did appear to him to be derogatory he called it, which was calculated to destroy all to the character of the medical profession to supconfidence in the institution, and vaccination pose, because Congress could not apply municipal itself. Afterwards, finding that this address was regulations to punish the individual for misconnot satisfactory, he had come forward and ac- duct, they therefore could not properly exercise knowledged that he had sent the small pox matter the power of establishing an agency for vaccinato North Carolina, and that it was an accident tion. This subject had been often before Congress which had never happened before, and in all pro- since the year 1813, when the law first passed, bability would never happen again. That, Mr. and much had been said of it; but, as no considB. said, might readily be. The people who had erations had heretofore procured its repeal, he been killed by it were not killed before, and could hoped it would not now be repealed without due not be killed again. The Government of the deliberation, &c. United Stales, he added, did not possess the pow Mr. EDWARDS, of North Carolina, was in favor ers which enabled other Governments to legislate of the bill. What would be the effect of the instiefficiently on this subject. In Denmark, for ex- tution if permitted to exist hereafter, he could ample, the people are compelled to be vaccinated only be enabled to judge from what had been its before they can be married, and before their chil- effect heretofore. If the institution was a necesdren can be christened they must be vaccinated. sary one, there would be no objection to its conBut this Government could exercise no such des- tinuance. But, Mr. E. said, his own idea was, potic power; all that it could do, constitutionally, that it could not be necessary. The advantages in regard to it, and the best thing it could do, was of the vaccine matter, he thought, could be disto let the people, who are both able and willing, seminated by individuals in different parts of the take care of themselves.

country, without the expense which had heretoMr. Taylor, of New York, said that the act fore attended the procuring it from the agency. establishing the agency had been in operation for Why, then, give to an agent the privilege of franknine years, and he thought ought not to be hastily'ing? Mr. E. considered it a safe principle, if not repealed. It was true, an unfortunate incident an axiom in politics, to make no depository of any had occurred under the agency, which it was dif- public trust, unless you can enforce the perfor ficult to conceive could have arisen but from some mance and fulfilmeni of it. This, Congress could negligence on the part of the agent. But would not do in the case of this agency. He hoped the Congress repeal the law because of this one in-law would be repealed, and that hereafter no perstance of wrong? If the agent has done wrong, son would be permitted to be called the National said Mr. T., let him be removed. He had heard Agent for Vaccination, by which he could obtain this agent, however, spoken of as a man of great an exclusive circulation of matter through the attention to his charge, who never failed to pro- country, to the destruction of that competition cure and keep on hand vaccine matter of the which is the life of trade and of professions.

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