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(tnt ^r>(H an intention t * commit a fclony, • lift or lire* of the person or persons eon-
tke killing shall be tmn-uer, manslaughter vie ted of these detestable crimes..
4>r justifiable li imicirte, according to the $ 36. An attempt to commit Sodomy,
•ircuittstanot s of the case. shall be punished by imprisonment &'
( li If a person kills another in his hard labor in the !’e-«<tentUry for a term
defence, it must appear that the danger not less than two years nor longer than
bras So urgent anil pressing, that in order three years.
to save his own life, the killing of the o- § 37. An assault, is an attempt to drm
I her was absolutely necessary; and it mit a violent injury on the pet sou of a
must appear also, that the person killed nother.
Was the assailant. 5 .18. A bare assault shall be punished
$ 16, -In no case shall a person justify byline or imprisonment, in the common
the kiilin'g of another, under the pietence jail of the county, at the discretion ol the
of necessity, unless he were wholly with- i court.
OUt fault, Imputable by law, in bringing ! $ 39. An assault with an Intent to mnr-
thal necessity upon himself. j dcr, by shooting at, or stabbing, or using
$ 17. Killing a slave in the act of re- j any weapon likely to produce death, shall
volt, or when the said slave icsists a le- i be punished by fine at the discietnn oi
g il arrest, shall be justifiable homicide.
§ 18. In aH cases the Killing or maim
ing a slave or person of color, shall be
put upon the same footing of criminality
as the killing or maiming a white man or
oitiz.-n.
§ 9. If after persuasion, remonstrance
or other gentle measures used, a forcible
‘attack and invasion on the property or
habitation of another, cannot be preven
ted. it shall be justifiable homicide to kill
the person so forcibly attacking and inva
ding <<n the property or halmation of an
other ; but it must appear, that such kil
ling was absolutely necessary to prevent
such attack and invasion, and that a se
rious injury was intended or might accrue
to 'he person, propertyj>r family of the
person killing.
$ 20 \I1 other instances which stai d
Upon h same footing of reason and jus-
Vice as hose enumerated, shall be jus i-
fii .'.v homicide.
$ 3Y- The homicide appearing to be
j ib.ifi ible, the person indicted, shall up
on Ins trial, be fu.ly acquitted knd dis
ehtrged. .
$ 23 If any woman shall cn leaver pri
tately, either by herself or the procure
ment of others, to conceal the death of
any issue of her body, male or female,
which, If it were born Alive, would by
law be a bastard, so that it may not come
to light wVther it was murdered or not,
every such mother being convicted there
of, shall soiree an imprisonment at bat'd
labor or In solitude in the penitentiary, for
■ »ny time not exceeding one year.
§21. lithe same indictment charges
woy worn tn with the murder of her bas-
tnachitvl, n<* well as with the offence
in the preceding Section ; the jiry by
■whin such women shall betrifil, m.iv ei
ther acquit or convict her "fl* )'.li offences,
Cr find iter god y of one mid acquit her of
the other ; an i if any prison spall coun
set, advise- or direct such woman to kid
the child sh-- is pregnant or goes with
and after sh - is delivered of so It child
she kills it; every .,u h person so aihi
ttin< tfr directing, dial, bo deemed acres
•orv to such uiorder, ami shall luvtt
the same punishment as the principal
sh,11 have.
§ 24. The constrained presumption,
arising from (he concealment f i lie .o-atii
of any child, that the chil l whose death
is concealed, wus therefore murdered b
tlie mother, sh ill n doe suffi-.n nt or con
clusive evi lefice to convict the person
in .icted, of the murder of her child, un
ie'sprooable proof be given, that the child
wis bom alive, nor unless the circum-
I’.unccsattending it shuli lie such as shall
satisfy the minds of the jury, that the
mother did willully, anil maliciously,
dcst-oy and take away the life of such
Child.
§ 25. If any person shall be charged
Wvtu voluntary or involuntary manslaugh
ter, h .ppening in consequence of an tin
lawful aci.ii may be lawful forth’ At
torney or Solicitor General, to wave the
f.-lony by leave of the court, and to pro
Cecil ag ii ,»t, and charge such person
With a misd- neanor; and such person on
con victim for said misdemeanor, shall
be puni.hud by pa. ing u fi e, to be ap
p opnated as the court may direct, or
the jury recommend, not exceeding one
thousand dollars; and die Attorney or
'-Solicitor Gan’l nay, wiikou, obtaining the
leaveof the court, charge the felony a the
misdemeanor in the same indictment ;
xnd ttie jury by whom die said persoi
sliall be tried, may find said person guil
ty of either charge
§'26 Mayhem shall Consist in d‘-priv
tng ap -rsou, free or a slave, of t i ember,
•r '.i .figuring or rendering it useless.
§ 27 li any person sh.dl unlawfudv
Cut out or disable the tongue, put out an
eyuVsiii. the nose, ear or tip, or cut otr or
disable any limb or member of another,
with intention in so doing to maim or ihs
figure such p rson, or shall voluntarily,
maliciously and of purpose, p ill or put
cut ao ;>e or eyes, while lighting jnr o-
tHcrwis- , cyerv such person shall be guil
ty <i mayhem.
j 28. A person ecu icted of cutting
.•ut or disab mg the tongu-:, wi'h the in
teutlon aa expressed in the previous sec
tion, snail be punched by confinement &
hard 1 cb >r in the 1’enitetumry, f r a term
»->t.less than two yeais nor longer than
seven vears.
§ 29. A person convicted of put'ing
Cut an eye, with the intention, or voluu-
’ tardy and maliciously, us before ex,ores
a*d, in fight or otherwise, shall be pun
ished by confinement and hurd labor in
the Penitentiary, fi.r any time not les«
th in one year nor longer than five years
»-And a person convicted of putting or
puffing out the eyes of anuthcr, or the
eye ot an- tber, having out one rye, with
it similar intend m, or voluntw ly or ma
v liciou-dy, while lighting, or ouierwisc,
•hall be punished by solitary con line m it’
' »ud labor, for and during the term of his
natural life.
§ 30. A p-rson convicted of bitjng, slit
ting or cu ring off M»e nose, rt-r.or lip of
ariotltev, with the intention as before ex-
pressed, shall be punished by confinement
•ad Ubor in tiie Penitentiary, tor a term
(tot lews than one year nor longer than
•Uer years.
31. A person convicted of cutting oft
pr disabling a-iy li n’> or memiieref ano
(her, not herein designated, wi h 'hi in
tention as before exp' eased, shall be pu
CONUliEbS.
th ; court, and by imprisonment at hard
labor in the P'-nitentiury, for u term no;
less tli in i ne year nor longer than five
years, as the jury may recommend.
§ 40 All oth. r assaults upon, or at
tempt* against persons, not mentioned or
enumerated In this code, but heretofore
indictable offence*, shall i>e punished by
fine or imprisonment in the common jail
ol the county, where the offence has been
committed, at the discretion of 'he court.
§ 41. Battery is the unlawfu beat ng of
another.
§ 42. Battery shall be punished by fine
or imprisonment, or both, ut ihe discre
tion of toe court, In the common jail of
the county where the off. nee may have
been committed; and in aggravated cases
requiVing greater severity, the court may,
up >n the recommendation of the jury,
punish the off. nder by an imprisonment
in the Penitentiary at hard labor, for any
term not less than six months nor longer
ilian one year.
§ 43. False impri'onment is a violation
of the personal liberty of a free white per
son or citizen, and consists in confinement
or detention, without sufficient legal au
thority.
5 44. The arrest, confinement or deten-
> i n of a person or a citizen, by another,
having no process, warrant or legal uu-
hority to justify it, shall be punished by
line and imprisonment in the common
Inl of the coun'y where the offence may
have been committed, or either, at the
liscretion of the court; and in all cases
of an aggravated nature, the court may,
on the recommendation of the jury, order
an imprisonment in the Penitentiary, for
any term not l -nger than two years.
41 The arrest, confinement or deten
tion of u free person or citizen, by the
warrant, mandate or process of a magis
'.rate, being manifestly illegal, an hew
ing malice, oppression and gross igno-
i nice of duly, the said magistrate sliall
be removed from ffice, and be fined, and
imprisoned in the common jail of the
county where the offence may have been
ci’i-imii red.
§ 46 All other crimes nr offences a-
guinst (he persons of citizens, not men
limed or enumerated iu tiiis code, but
herct-if.irt subject to prosecution by the
laws adopted or in force in this state,
sh ill in futuie be punished by fine and
imprisonment, or either, in the common
j ol ot ihe counties where said crimes and
offences m ty have been committed, or by
.mprisi-iimcnt at labor, nr in solitude, in
ilp' penitentiary, as the juries may think
urnper to recommend.
SIXTH DIVISION.
CHIMES AND P F K N C K s AGaIn-T TH*
HABITATION* . S CITIZENS.
§ 1. Crimes against the habitations of
eiwz ns shall consist of—1st, Aison, and
2d, Burglary.
§ 2. Arson is the malicious and wil
ful burning of the house or out-house o!
mother citizen.
§ 3. Burning or sotting fire to, or at
tempting to bu- li a house in a city, town
■ >r t iling- , shall be punished witn death.
§ 4. Burning a dwelling-house on a
■ t tn or pi mtation or elsewhere, (not in
a city, town or villag ) sh ill be punished
by imprisonment ut li.ttd labor in the
penitentiary, for any time not less than
two years, nor loi-ger than five )«*nrs.
§ 5. Setting fi'e to a dwelling-h uso,
wi h intent to bu ii ihe same, on a farm,
r plantation or«Ivwhrre, (not in a city,
'own or village) ; hall b punished y in-
pi'isonmenl at hard labor in the pmi
tentinry, fur a term not less than one
tear, nor longer than two yeais.
§ 6. Burning nn out h use, such as a
burn, stahle or any othei house, on a
farm or plantation, or elsewhere, (not in
i city, town or village) sh ill be punished
hi imprisonment at liat-d labor, for any
tim-not less than one year nor longer
than two vears.
§ 7 Setting fire to an out-hnure, as be
fore describi d, shall be punished by im
prisonment at hard labor in 'h< pentten-
iury, for any let m not less th m one year,
nor longer than two years.
§ 8. Phe crime of burning shall be
complete, when the house is consumed ot
generally injured.
§ 9. Tne offence of setting fire to a
lions-;, shall be complete, when any at
tempt is made tn hut n, though no mate
ti-.'.l injury is the c msoqutnre.
§ 10. Arson in the day time (except
when committed i:i city, town or vil
lag ) shall be punished with a shorter
period of imprisonment, at hard labor in
the penitentiary, at the discretion of the
court, than Arson committed in the
night.
§ 11. Arson, committed elsewhere
than m a city, town or village, which pro
duces the death of ahy p.-tson, shall lie
punished with the de ah of the persot
or persops committing the Arson.
§ 1?. Hu’gl it v is the breaking or en
tering into the dwelling or mansion house,
with intent to -'o: n it a felony :—All out-
hm>*. s, contiguous to. and wi hinthecur
'ilagc, or protection ol the mansion
hnust, shal. be considered as parts of the
mansion or dwelling house. A hired
room or apartments in a pobli- tavern,
o.tt or boarding In no-, shall be consider
ed a* the dwelling-house of the person or
persons occupying nnd hiring the same.
Burglary may lie ccmuiit'.ed iu the day
or nigh*.
§ 1$ Bui o'-tv in the day-time, shall
Sshed by imprisonment and lab u. in the be punish, i w h an imp-iso .ment at
Penitential y, for a term not levs .hon one
fear nor longer than five vears.
§ 32. Rape is the <.a uat knowledge-of
p fetpalo.f iiciMv and -g n"»t herwtil
hard labor in tie penitentiary, for a >
time n >t less than one year, nor longer
than five vears.
§ 14. Hii'gl ry in the night, «hall he
§ 35. Rape -hall u; punished bv an im- - punished by imprisonment at hard labT
pi v*pnmen^,at hard * 4,> ,r * n ,lve Teniten-! in the pe M
Ua(*y, feu term not less than two v*ars
oor longer than twenty years, us the ju
ry may recommend
§ 34, An attempt to commit a rape
pha.,1 ot pun vhed bv imprisonment
fc.lrd labor in the Peniti ntiary, for a term understand a society is formed here, for
* ^, t ltd rinn one vear n -r linger than the purpose of emigrating to the western
vears as »h-- jurv mav rtco^imend, country, and about 70 have alr-ady join-
4 VS. SHdoray V«l Hwiiality, sliall he ed it. the principal part of whom are
4 wwaished f»y •ntdifsonTrv'nt at hard labor merchants w h s have f -mites, and who
t ^cltcutury* duupg th* natural, a^e of the firstreapectabiiity^* _
nitentiary. l'er any time not less
than one year, nor l inger than seven
years.
("To It ontivuf/f J
— .-vu-O ■>»:—!
The Newb'idypo't lit a> Id va_\s, “We
IN SENATE,
I January 21,1817.
The bill making partial appropria ions
for the Miiitarv St rvice of ihe Unitet
States, was reiui a third time and linall)
passed.
The I'esolution reported by the com
mittee of Public l.tuds conteinpldiing an
appropiiation to enable the Executive to
make un exchange of lands with certai >
Indian tribes, wus taken up, and agreed
to by the following vote :
YEAS.—M-jssis. Barbour, Campbell,
Condit, liat dm, Howell, Macon. Mason,
ofN.fi Morrow, Noble, Roberts, Rug
gles, Sanford, Smith, Stokes, Talbot,
i'uit, Taylor, Troup, Williams.—19.
NAY'S—Mi ssis, Ashmun, Brown,
Chase, Daggct, Dana, Fromentin, GU-
iaru, GolUsborough, Horsey, Hunter,
King. Mason, of V ..Thompson,Tichenor,
V.,rnuni, Wells, Wilson.—17.
The Resolve w;t, then referred to the
committee of finance to bring in a bill.
Mr. Roberta, from the committee on
the Georgia claims for militia services in
1792, 8c 1795, against the Indians, made
a report concluding with the following re
solve :
Revolved, That a committee be ap
pointed to draught and report a bill ap
propriating 109,130 dollars and 65 cents
forth; payment of the said claim of the
state of Georgia.
Wednesday, Jan. 22.
The report of the committee on naval
affairs, on the petition in behalf of the
owners, officers and crew of the late pri
vnte armed brig General Armstrong, was
postponed to Monday next, on motion of
Mr. Kmg.
The report of the committee of claims
on Georgia claims, for militia services
during the years 1792, and 1795, was
pns poned until Monday next, ou motion
of Mr. Robertson.
House or Rkpxesextatitf.9.
Tuesday, Juuuarj 51.
THF. COMPENSATION LAW.
The H-utse then again proceeded to
the consideration of the bill to repeal the
Compensation Law. Mr. Rarrison’i
m-.tion of yesterday to recommit the bill
to a committee of the whole, with iustruc
tion to fill (he blank with six dollars, be
ing under consideration.
Mr. Harrison, after stating that he felt
some doubt as to the propriety of that
part of Ins motion, which embraced an
instruction to the commiitce of the whole,
requested permission to withdraw that
branch of it, and did so accordingly.
Mr. Pickering, moved the ind*finitc
postponement of the bill, and spoke some
lime in favor ol leaving the subject to th<.
ni xt Congress, to act as they should deem
proper, wtien the public ferment shall
nave subsided, and they be able to decide
disoassi mately, and also because tin
house ha-1 by its votes shown no dispo
sition to fix on an adequate per diem al
lowance.
The motion for indefinite postpone
ment wus supported warmly by Mr.
Wright, and briefly by Mr, Calhoun, and
zealously opp.-sed by Mr. Parris, when
the q lestioo on the indefinite postpone
ment was decided iu the negative as fol
lows :
YEAS— Messrs. Adams, Atherton,
Baer, Baker, Baylies, Bradbury, Brtck
enndge, Calhoun, Carr, Ms. Chappell,
Clark, N. Y r . Clayton, Clentlennin, Con
diet, Crawford, Culpepper, Davenport,
Glasgow, Griffin, Grnsvenor, Hopkinson,
(lulbert, Irving, N. Y. Jewett, Kerr, Va.
Law, Love, Lovett, Marsh Middleton,
vlills, Milrmr, Mo/fitt, Moor, Jer. Nelson
I’icktriag R^-b-rtson, Scher.ck, Sheff.y,
Smith, l*e;-n. Stearns, Stuart, Sturges,
Taggart, Tailmadge, Tate, Thomas,
Wallace, Ward, N. Y. Wmdover, Wood
ward, Wright, Yates—53.
N \YS—Mes rs. A gate, Atexandei
Archer, Avery, Barbour, Bussvit, Bate
man, Rennet, Betts, Birdsall, Birdseye,
Blount, Boss, Brooks, Bryan, Burwcll,
Cady, Caldwell, Cannon, Champion, Ch
i'y, Clark, N. C. Comstock, Conner,
Creighton, Crocheron, Darlington, Des
ha, Dickens, Edwards, Fletch -r, Forney,
Fori) th, Gaston, Goldsbotough, Good-
w-yn, Hahn, Hale, Hall, Hammond, Har
din, Harrison, Hei«t«r, Henderson, Hen
dricks. Herbert, Ho iks. Huger, Hunger-
ford, In ham, Irwin, Finn Jarl^son. John
on.V.i. Johnson Kv. K fin, Kii g. Lang-
don, Lewis, Little, Lojvmles, Lumpkin
Lvle, Lyon, Win. Maclay, Wm. P. Mac
cl ay, M uson, M’Coy, M’Kee, M’Ltan
Miller, Moseley, Mut free, Hugh Nelson.
Thus. M.Nelson, Newton, Noyev.Orms
by, Parris, Peter, Pickens, Piper, Prkin,
Pleasants, Powell, Randolph, Reed, Rev
mlds, Rice, Roane, Root, Ross, Huggi-L
Savage, Sharp, Smith Mel. Smith, Va.
S'uthar .Strong, Tau!, T.tylur, N Y.
Taylor, S. C Tel air, Townsend, Tyler,
Vose, Warn. Ms. W iir'i N.J Wheat on,
W hiteside, Wilcox, Wilde, Williams
Thus. Wilson, Wm. Wilson, Y’aticey—
115.
The motion then recurred to re com
mit the bill to a committee of the vvh It
House, which nn tion was decided in the
negative—ayes 57.
The question then recurred on the
motion nia-ie yesterday by Mr. (Jrosve-
nor to strike out th-* substance of ttie bit:
and invert a substitute lepraling *11 Ihe
laws on th- subject ftnm the end of the
session, so as to throw on the eext C on
grtss the necessity of acting on th; sub-
j c», not, he declared with am u genet
-us motive towards them, but that the-,
coming fresh from the per pie triy,ht b
left to decide freely and unshat kh d.
The motion was supportedeai nestly
and at length,by Mr. Hobcr/son ; when
Mr Taylor, of N. \ moved to amend
the amendment by confining he repea
to the existing act, and lhas leave the
subject of compensation as if stood prior
tn the act of las', session, which lie no
dified, on the suggestion of Mr. Forsvtli,
so. as t> revive expressly the fnnnei
laws on ihe subject.
After a desultory debate of some tim»
m the motion of Mr Clrosrenor, and thi
amendment proposed thereto,
Th question w..s taken on Mr. Tay
lor's mai n and dtcided in the aflinna
.iv; as follows.
YKMfi— Messrs. Adga'e, Archer, Ave-
»-y, Biket, Barbour, Bassett, Bennett,
Rimint, Bos>, Brooks, Hiyan. Ilurwtll,
Caldwell, Cannon, Cilley, Comstock,
Conner. Crawford Crocheron, Doling
ton, Desha, Dirki n*-, Etlwartls, FI t- h;r,
F itsvth, Gla-gow, Goldsborouvh, Gimd
wyn. Hahn, Hale, Hall, Hammond, Har
din, Harrison,' Heister, Hendrirk«, Her-
b ,Hooks,Huger,Hungerforit. Jackson,
Jrhnxm, Vi. J huson, Ky. King, Lang
dan, Lewis. Little, Lonvrdcs, Lnmpkiu,
Lvle, Lyon.Wm. Mttclay, Wm. P. Mac-
<v. Mason, iM’Coy, M'Kee, M’Leufi.
Hugh Nelson, 'Thus. M Nt lvon, Noyes,
()■ msby, Parris, Peter, Pleasants, K<-nne.
Root, R-ish, hh trp, Smith, Mil. Snntli, Va.
Southard, Taul, Tayloi, N. Y. Telfair,
T-iwiisvnd.Tyler, \ ose, Wallace. Ward,
N J. Whiteside, Wilcox. Wilde, \A dk'.n,
Williams, Willoughby, W. Wilson, Yan
cey.— 87.
NAY’S—Messrs. Alexander. Atherton,
Baer, Bateman, Baylic3. Betts, Birdssil,
Birdseye, Bradbury, Breckenrldge, Cal
houti, Carr, Mass. Champion, Chappell,
Clark, N. Y. Clark, N. C. Clavton, Clen
denniu, Condit, Creighton, Culpepper,
Davenport, Findley, Forney, Gaston,
Gold, Griffm, Grosvenor, H. nderson.
Hopkinsnn, Hulbert, Ingham, Irving, N
Y. Irving, Penn. Jewett, Kent, Kerr, Va.
L iw. Love, Lovett, Marsh, Middleton,
Miller, Mills, Milnor, Moffitt, Moore,
Mnsely, Murfree, Jt-r. Nelson, Newton,
Pickens, Pickering, Piper, Pitkin, Powell,
Randolph, Reed, Reynolds, Rice, Ro
bertson, Ruggles, Savage, Schenck. Shef
fey, Smith, I'enn. Stearns, Strong, Stuart,
Sturges, Taggart, Tailmadge, Tate,
Taylor, S C. Thomas. Ward, Mass.
Ward, N. Y Wendover, Wheaton, Thos
Wilson, Woodward, VVright, Y'ates.—83.
So the amendment to the amendmen
was agreed to, andth-- question recurred
on the motion offered by Mr. Gtosvenor,
as amended.
Mr. Randot/ih stated that when he
found his former proposition supported by
so few—not mere than 16 or 18—in the
committee of the whole, he had resolved
not to revive it in the Hou«e, unless com
pelled by the subsequent course of the
business, as it would look pe-haps, he
said, like bravado, like an < ffrr which no
one might regard, to throw himself in the
ffont of 'lie battle—and it was therefore
with pain he felt hitnself constrained to
bring it forward now and try the sense of
the House on it. After some general re
marks on the course of the debate, 6tc.
he moved the second branch of his form
er proposition, that was, substantially to
.-led ct from the pay of the members th-.-
excess they had received during the pre
sent Congress above the former allow
ance of six dollars a day The motion
however not being at present in order, he
suspended it. .
Mr. Taylor then proposed some mo
dification of his motion, which he disco
vered was necessary from not being suffi
ciently definite as to the acts intended to
be revived, some of them providing com
pensation for the servants of the House,
but which modification could not be now
received, as the amendment had been de
cided on—
Mr. Sharfi for the purpose of giving
an opportunity to gentlemen to improve
the amendment, and allow them to make
as perfect as possible the bill under dis
russion, moved a reconsideration of the
vote just taken ; which motion was a-
greed to—ave* 87 ; and
Mr. Tayi r's amendment was agair
brought before 'he House ; when he with
drew that part of his amendment, whict-
expressly revived the act in force prior to
he act of last session, so as to confine his
motion to a simple repeal of the existing
act.
The question was then taken on the
imendmeht, as modified, and decided by
Yeas and Nays, ns follows: -
For the amendment 85
Against it 81
The question was then taken on Mr.
Grosveuor’s motion, as amended, and
decided in the affirmative.
For the amendment 83
Against it 81
So the House decided simply to repeal
the law of last session, from and after the
pasting of the present bill.
Mr. Forsyth then moved another sec
tion, directing, substantially, that the ac
counts of the members, for services dur
ingthe present session, be adjusted and
settled in such manner, and by the same
rule*, as if the act of last session had no
been passed, and thereon demanded the
yeas and nays
M -. Randolph moved to strike out ol
the motion the words, "for services ren
dered during the present session."
This motion and the preceding gavt
rise to much discussion; in which Mr
Forsyth supported his amendment as ».
necessary instruction to the officers of the
Treasut v and those ot this House.
Mr. Randolph support'd his motion,
as substantially the same wh' h he had
offered in committee of the whole, to re
fund the excess received during the pre
sent Congress, over what would have
been received under the law prior to las'
session ; and he entered at large into th<
general question, repeating hi3 convictim
hat the course he proposed was required
by every proper consideration ; that if any
thing was done with the law ot the las'
session, it ought to be a thorough retrac
>ion of all that had been done, and that
he act now passed ought to be retroac
t've, as well as the compensation law,
which was to be repealed
Mr. Sh'ffi’y rose to show that the mo
tion ot Mr. Randolph would embrace on
•y those accounts which remain unset
'led: and expressed h : s coincidence with
Mr. R that if the act was right, it ought
not to be repealed ; but if wrong, and it
were repeal d, that full remuneration
ought to be o ade to the public. Against
the la'ter course, however, he sp< ke at
some leng'h. us it would be for nv.-ddling
with a vested right, which the law could
ot now touch, which opinion he argued
to establish
M'./'or*t//A supported his motion at
some length, and opposed the amendment
off, it-d thereto by Mr. H indolph—be-
-■ause, however proper he might deem
its operation on the present session, as
the members had received their compcn
sa'lnn for the last session, it was not his
wish now to touch it, or to coerce its re
payment.
Mr. Culpepper thought, if any thing
at all were done, as proposed by the mo
tion, it ought to be something worthy of
the effort—and was, therefore, in favo r of
a thorough revision of accounts, or none
at all.
Mr. Randolph replied to Mr. Sheffey,
and dented that the compensation receiv
ed at the last session was a vested right
but simply a contract, as related to this
House, between the right hand and the
left, and that if the case were brought
before the court, either at ommon law
or in chancey, a recovery might be had,
provided the present bill pass, 8cc, Mr
R. supported his opinions by a variety of
arguments, and concluded by declaring,
that if the subject was acted on at all, he
was unwildng to stop short of justice to
th; public—ju»ti-e he called it, because
il not so, why pass the law at all »
Mr. &heffty iqjotned, and repeated hh»
belief, that tlttic accounts which h^fc
oeen settled, wei c finall) settled to all in
terns and purpose.-, being set'll d under
the law of the land, amf could not be
tou- bed—he entered into various iiiustru
liens ol his view of vested tights, which
he conceived this to be.
Mr. Root iqioke against the retroactive
proposition ; because, a* he belii Vcd, it
would be inefficacious, could not be e-xe
cut' ll fully, and would, therefore, operate
unfairly ; which opinion he atgued at
some l;ngth to sustain.
Mr Goidsborough explained briefly the
reasons which would induce hint to vn-t
for Mr. Randolph’s amendment, but his
distance irom the Reporter prevented his
being understood.
A motion was then, about 4 o’clock,
made to adjourn, and
The House adjourned.
H ednesday, January 22.
Mr. Pleasants, from ihe committe of
Naval Affairs, reported a bill for the be
•it fit of the w idows and orphans of the of
ficers, seamen and marint s who were los(
in the late United .States’ vessel Kpervier,
which was twice read and committed
Mr. Cady, after some prefatory re
marks < HVred the following resolution.
Resolved, That the Secretary of 'he
T easury be required to report to the*
house, whether there be any batik notes
in the treasury which cannot be advun
tageously applied in the payment of dc bis
due from the United States, and if then
b; any such bank notes, ihe amount there
of, and what provision, in his cpinion.
ought to be made by law to compel th>
banks which issued such notes to redeem
the same, or give security for the re
demption 'hereof, with interest.
Some debate arising on the adoption
of this resolution, a motion was made to
lay the subject on the >ablc, and was car
ried—ayes 65, nays 55.
The House then again resumed the
subject of the compensation bill. Mr.
Randolph’s proposition to amend Mr
Forsyth’s amendment,by striking there
from the words “ during 'he present ses
sion,” (so as to include the accounts of
both sessions in the settlement agreeab'y
to the old per diem of six doll.us) being
under consideration.
Mr. Cady spoke some time against the
inexpediency, the injustice, arid imprac
ticability of going into a re settlement of
ihe accounts of last session, a- d requii iog
t re-payment of the excess received over
the amount which would have been re
ceivable under the old compensation.
Mr. Pitkin followed on the same side.
Mr. Hopkinson, argittd to show, that
by the law each member was invested
with a right to the salat y of 1500 dollars
at the beginning of the vear, though no'
payable until the > nd of the year, as in
the case of rent, 8cc. and therefoi e it was
not competent in the house to pass a law
ivesiing the membersof this vested right,
dec.
Mr. Randolph declared he was as ad
verse to the amendment as much as any
one ; but it was predicated on the suppn
sition, that the repeal would extend t<
he3dof March 1815—he knew that if
he repeal took effect at any time subse
quent to the period he contemplated, ihe
onsequence predicted by the genikmen
ipposed to it, would result.
The question was then taken on Mr.
iandolph’s motion to amend Mr F >r-
•yth’s amendment, and decided in the ne
gative, as follows:
YEAS—Messrs. Archer, A herton,
Baker, Betts, Birdsall, Birdseye, Bryan,
Burwell, Caldwell, Cla>k, N. Y. Clark
N. C. Condict, Crawford, Desha, Fletch
er, Goldsboi'ough.Gvosvcnot.Hall Ham-
nond, Heister, Herbert, Hooks, Huger,
Hungerford, Ingham. Irving N. Y. J- v
etr, King. Langdon, Lewis, Little, VVil
liam P. Maclay, M’Kee, Miller, Moore,
Murfree, Hugh Nelson. Tho. M Nelson,
Ormsby, Parris, Pickens, Piper, Ran
lolph. Reynolds, Ross, Savage, Schenrk
Slttffiy, bmith, Md. Taul. Tut lot, S C
Thomas, ’lownsend, Ward. N. Y r . Wen
lover, YVheaton, Wilkin, Thos. Wilson.
Yates—61.
NAYS.—Messrs. Adams, Adgate, A-
'exander, Avery, 1'aer, Barbour, Bassett,
Bateman, Baylies, Bennet, Blount, Boss,
Bradbury, Brtckenridge, Brooks, Cady
Calhoun, Cannon,Carr, Mass. Champion,
i.happen, Cilley, Clayton, Clendt-unin,
Comstock, Conner, Cooper, Creighton,
Irocheron, Culpepper, Darlington, Da
venport, Dickens, Edwards, Find lev,
Forney Ga3ton,Gold, Goodwyn, Griffin,
lahn, Hale, Hardin, Harrison, Mender
son, Hendricks, Hopkinson, Hulbert
ackson. Johnson, Va. J hnson, K-. Ken’,
Kerr, Va. Law, Love, Lovett, Lowndes,
Lumpkin. Lyle, Lyon, V m Marly,
Marsh, Mason, M’Coy, M’Leun, Mills.
Milnor, Moffit, Moseley, Newton, Noyes
Peter, Pickering, Pitkin, Pleasants, Pow
11, Reed, Rice, Roane, Robertson, Root
Ruggles, Smith, Penn Smith, V i South
ml, Stearns, S'uart, Sturges, T -ggart
T.illmage, Vose, Wallace, Ward, Mass
Vhittside, Wilde, Williams, Wilh-ugh
\v. YV m Wilson, Woodward, Wiight,
Yancey—101.
The question 'hen recurred on Mi
Forsyth's motion to extend the operati'-r.
•>f the bill to the commencement of the
present session.
Mr. (lorsvenor moved to amend M-.
Forsyth’s proposition, by striking out the
whole thereof, and inserting a substitute,
substantially to suspend the repeal of the
existing compensation act until the cno
afthe present session, nnd to provide that
the repealing net should not revive any
former ct mpensatien law.
After some debate ther*on.
The question was taken on Mr. Gros-
venor’s motion, and decided in the affir
mative as follows :
Y’EAS—Messrs. Adams, Alexander,
Atherton, Baer, Baker, Baylies, Betts,
Birdsall, Boss, Btadbury, Breckenridge,
Bryan, Cady, Cal-iweil, Calh< un, Carr,
Ms. Champion, Cilley, Clark, N. Y’.
Claik N C. Clayton. Cletulennin, Con
dict, Conner, Cooper, Creighton, Croeh-
t-ron, Culpepper, l) - rlington, Davenport,
Findley, Forney, Gaston, Gold, Griffin,
Grosvenor, Hardin, Henderson, Hethert,
Hoi kinson, Ingham, Irving N. Y. J-’wett.
Johnson Kv. Kent, K;rr, Va. Law Lewis,
Love, Lovett, Lyle. Wm. Mm lay,Marsh,
Mason, M’Coy, M’Kee, M’Lean, Mid
dleton, Miller, Mills, Milnor, Moffat,
Moore, Moslev, Murfree, Thos. M. Nel
son, Nc* ton. Noyes, Pickens, Pickering,
Piper, Powell, Randolph. Reed. Rev
nolds, Roln-rtson, Root, Ross, RoygeN
Savage, Schenck, Sharp, Shi ff,-y. S'nitli
I’enn. S'earns, Strong, Stuart, Sturges
Taggart, Tallmage, Taul, Taylor, S C.
Thomas. Townsend, Ward, Ms. Ward,
N. Y. Wendover Wheaton, Whit, side-,
Wilkin, YVillonghbv. Thos. Wilson,
Woodward, Y’ates—104
N AY'S— Messrs. Adgate, Archer, A
very, Barbour, Bassett, (^temtMi, Per tie',, j
Bird-eye, Blount, Bui k-, Bui «ih, ( an- '
nnii, Chu) p( II, tltn, Dick*
tns, Edwards, Fictchi I’iswisuh, G< Ii i*\
botuitgh, Goodwyn, Halm, Lull, Lam* •
mond, tl.union, Htoicr, Hu.diuk*,
Hook ,Huge-,Hull); , ttigirfuii .J . h»
son, Joimson, Va. Ki .g, Lengdoit, 1 iitie,
Low tides, Lumpkin, Lyon, W ni.F. Mac-
h.y, Hi glr Nelson, Oi msby, Han ts, Peter,
Pitkin Pleasants; Kict, Roane, Smith,
Md Sunt It, Va Southard. Taylor, N. Y<s,
Tyler, N ose, Wallace, Wind, N. J. V il*.
cox, Wilde, Williams, Wm. Wilson,
Wright, Y’ancey —62.
bo the house"ag-ctid to the substitute,
anudecidedi-gainst repealing h» existing,
act, until, iiotn and alter l.e ptest-nt se*-.
sion, and against the revival of the pre-
\ ious compensation law ; thus learing «te
to the next C<u g essto act uf nettssiijr
on the subject.
Fr ankfukt, (Kco.) Jan JO*
COM.VluDUKE b/vKNEY.
On Tuesday last the member* > f ths
L- gislature gave a dinner to that inetito*
rious officer at Cap’. W'e-Mger's 1 an rn*
The hun. E. Bullock, bpi; ki t if the Se
nate, pi t sided, and the huh. J. J. Crit
tenden, Speaker ot the House efRcjre-.
seniativts, net; d as Viri . residi tit. Af
ter the clotn was remote it, the folluwing
toasts were drat k wit:-, applause—
Tlu- United States—Their union is ouf-
strength, our prosperity, our liberty.
The Congress oi T6.
George Washington—The father of
his country.
Free trade and Sailors’ Rights—“We
will never give up th; ship.”
The Navy of the United States—The
pride and glory of our countiy, aim -h&
let ror of our enemies—
The Dte War—Just in its origin—-It.
was extinguished at the battle ot Ntw-
O leans, in a blaze of ylory.
Gi n. Charles- Sett—ivla> the laurel
forever shade the tomb oi the departed
lie'O.
Isaac Shelby—The great model of a
republican ci.tzeii—,he know* how tt»
guide wi Ii equal »ki.i, the state, the army
and the piot-gh.
Commodore Barney, our gallant guest
—Two w.,rs, tlte land anil the ocean.
Dear witness that he is a patriot und sol
dier.
When this tost was drank, the Catnnio*-
dorc rose and said,
Gentlemen— The testimony of respect
which you have this day given, i- d. ublf
dear tome as crniing fu-ni the hgishi-
ture «f Kentucky. 1 had tho good f mine-
to be in 17 batues (lut ing die r. • ului.C-.i,
in all of wt.ich t le star spangled banner
triumphed over ;hc b ; o;dy cioss, ami irv
the late war i liau the hon< r of D-. ing en
gaged in 9 battles, wi It the Snine glori
ous result, excipt in the last, in whteh f
was unfortunate, although nut tn fault. If
then had been with me 2010 Ken ut ki-
ans instead ot 7b00 Mai y landers, W ash*
ington City would not have been Sacked,
iiui our country riisg aced.
If my arrangi mems sh .11 permit, i.- i9
my intention to become a ei.izen of Ken
tucky—and when 1 die, 1 know th: t r;:y
bones will repose among congenial spi«
tits. *
The commodore gave the following-
toast t
Kentucky—The admiration ; f hop
friends, and the terrir Ci her enemies.
REPORT OF THE MINT
Ja tm uy ill, i fur.
SIR—I have now the hen ot l.-.jitg
before you, a report ot the < pe tat ion of
he Mint during the last year.
From the stsitenici.t of the Tteasury,
herewith ;-ansti itied, it v H uipiar,
that within the above period, tbeic have’
been struck and emitt»d—
In silver coins, 67,153 pieces, amrntit«'
ing to 28,575 dollars and 75 edit*; tit d
■ n top; er coins, 3 8i0,982piece-;,amount
ing to 28,209 doliais and 28 cents.
The amount ol the latter would hav©
bien considerably greater, had it n< t
been for a disappointment in the -up| lv
f copper. Measures, however, are row
taken, to prevent such disappointment*
in future.
The stagnation which has for seme)
•ime existed in the circulation efipecie
currency, has almost totally piev(n'trT
th; deposits of g> Id and stlier bullion for
coinage. But theie is now a p r osp«
that this w ill n»t long conti'-m to lie the
case—1 he Mint having, at this tin. in
its vault.-, dept,sits of ih< se meuu* :o tt
ve*' consii'eratile amount.
The repaiis of the M n>, which yoti
were phased to author-z:, arc n- . n r-
IV completed. A substantial brie k f u Ida
ir g ha-been ere. ted on the sere f ir-rt-
ly occupied by an ■ Id w; o n bail: ii g
and in the apparatus and anangtimn of
machinery, which have beer ad pted,
many impnttant imp'ovcmei-ts h.iv e been
introduced. Amor^ these is the srbstitu-
tion of a steam-engine, for the hoist-
power bcretr.fr,re empl ytd. A cL rge
which i' is believed, will to o !) t'ir in-
ish 'he expenses of 'he estublishno nt, but
greatly facili.ate all its principal tperas
tions.
I have the honor 'o he, 8:;.
R.PATTER. ON-.
New Yoi{k, January 24.
Palest from Cadiz —By th-. arrival fhb
morning of the Ship William, capt. Smith,
in 58 days from Cadiz, we leatn that,
wh n she sailed a Spanish force rf 10,000
men, under Gin.O’Donald, were nssetr.-
hletl at St. Marys, waiti.ig for transports,
to embark for South America, to proceed
against the Patriots, They h:.d detained
all the British vessels in Cadiz and the
adjacent ports for that purpose.
A Spanish frigate of 44 guns, as convojt
to a number of merrhuntme*, was pre
paring to leave Cadiz, for Vera Ci us.
Havana, nntl other Spanish ports, and
would be ready to sail in a few* d«vs.
Several Buenos Ayres pi ivateci s were
cruising iff Cadic nnd Mai ga. They
had made great have amongst the Span-
i:h homeward bound merchantmen, hnv
ingchptureti 29 sail during the month di
November.
Boston J-miarv2JJi
LATEST FROM ENGLAND.
Tin- TravePer, at Newport, furnishas
the latest London acctiunts. A gentie*’
man who came pa*sei ger slates, thab
'li t teforelhty sailed (N . "ti.)emehun
dred and f.fty vessels hud arrived from
the continent, with grain. This circum
stance, he adds, wculd have a groat ef-
t'ect on the com market. Exert hr*
were making in all the parts ot England
to employ, the laboring poor.
Lord Ca'-'ierrpgh’s house in St. James’*
square L-d ut-cn attaakeU by a m,sb, nod