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ws
Oil der«!M which they litvo unwittingly rc-
caivoi in tin placoof evMstica, and upon which
the characters of incoinpdteaewatid Infamy are
There is
so cloirly nmf imlclihly impressed
one other species of testimony sought by the
questions, and placed upon the records of the
committee, equally excluded hy tint principle*
upon which I have insisted. Hearsay evi
dence is inadmissible, not only hy the code to
which we have been accustomed, but by every
system of civilisedj jurisprudence with which
we It sve any acquaintance; and yet the com-
rttteo, apparently asstitn ng, hy a strange com
plication of issues, licit every oflicor of the War
Department who It id any agency in forming a
certain contract with Eli) th Mix, or an in'erest
in it, is now actually under trial, have receiv
ed and recorded, as testimony, the declarations
of time officers, in listincly recollected, an 1
vaguely and douhtingly stated.
Admitting that it is proper for the committee
to'assn no ittqu sitorial powers in this investiga
tion, and in that character to ask of tho wit
nesses, not only what they know, but what
they h i vo he ini from others, it must be exceed
ingly apparent, that tho only excusable purpose,
even of an inquisitorial kind, for winch such
questions could he propounded, is tho discove
ry of other witnesses, by whose evidence tho
chtrge nt.tjht bo established. Let us see how
far tho proceed ngs of the committee have been
conform lido to this view of their functions. In
the evidence recorded by tho committee, Col
Arm stead sums, in substance, that either M i
jor V.indevctiter or General Swift inform"'
him that the latter was concerned in the A! x
contract. Upon further rocollectmn, the wi 1 -
uosi states,aim ho must hive received this in
formation from Gen. Swift h in self, for that he
rememhors to have had a conversation with
h tn, it wh ch the General stated that ho had
r.n idea of leaving the annv, and becoming in
terested in some contract with die Government,
which the witness supposed to have boon tin
contract, in question. lie further states, in the
same conversation, Gonor.ui Swift informed him
that he had naked the permission of Mr. Cal*
n- Botin to become thus in.crested. This evi-
f fdence, if ovidcnco it may bo called, is to be
\ regarded in tho two-fold aspect of implicating
( tCIlfli'aI Suj',4r in • nxim!n..1 —
General Swift in a criminal participation in a
contract mudo by Vimself, as tho agent of the
Government, ami Mr. Calhoun in a scarcely
less criminal contnvanco at such a participa
tion. So far as it rclatos to General Swift,
common justice requires me to remark, that it
is contrary to those great principles of criminal
jurisprudence which onr forefathers havo con
secrated by a constitutional declaration, to sit
■in judgment upon a citizen against whom no
charge has boon presen ed; who has no notico
that iiis character is even thus informally impli
cated, and who, instead of being prosont to
confront his accusor, is wholly unrepresented
before tho cominittoo. '
But, so far as this testimony tends to impli
cate Air. Calhoun, the course adopted by the
comtn'ttee is liable to a much sirongor objec
tion tli.m iltat merely of receiving, and record*
•t>d for publication, incompetent and improper
testimony. Thuy havo evidently closed the
itivcsiigitton precisely where it ought to have
commenced, leaving upon tho repu*n»io(i t>f
AI.. Calhoun all the suspicion which dlegd e-
vuicace cuuid proiiuce, and omitting to sum
mon before thorn the only willies'! who could
g.ve legal testimony oft the muter, in question.
Colonel Arm.sio.td states, obviously from
th • rocollect.ons of a most-treacherous atiif fee
ble memory, that Gcueral Swift .informed him,
eigln or ume yoars ago, th ii ho h id asked AI .
C dnoou’s pei mission to becoino concerned in
some cnniruoi wall the Government, This is
tho only m renal fact bearing upon tho charac
ter ot Air. Calitouu; anJ it miist have been ob
vious to die commuieo that General Swrft was
tho only witness who could give logal testimony
in relation toil. Yet they havo declined to
summon lion on tltOir own nto'ion, no doubt
from a view of ilio subject satisfactory totheuf-
setves. The ground upon wh.ch I must pro-
su.uu they iiaVo acted, is tlio mcoinpotency of
tile evidence before them,.and its uttor insuffi-
cieucy to fix upon Air. Calhoun any imputation
which requires to' bo refined. But I must bo
permitted to say, that tho in competency and
iunulHcioncy ol iho cvidonco, though, a very
suthcieiit reason for rejecting it altogether, is
no reason at nil for rotusing, when it is impro
perly received and recorded, to product) the on
ly legal testimony by which judicial certainty
could bo obtained on tho subject. Although,
therefore, tho committeo must havo acted with
a view to impartial justice, the course tltoy
have pursued has been precisely that which is
best calculatod to givo tho most injurious effi
cacy to illegal testimony against Mr. Calhoun,
and to avoid tho conclusive refutation which tho
production of log il testimony would undoubt
edly establish. To do away the effect of-this
proceeding, tho only altornutivo loft to Mr.
Calhoun is, to placo tho most emphatic add
unequivocal negative, -which I urn expressly
authorized to do, upon the imputation of his
ever having any knowledge or belief of Gener
al Swift's participation in tlm contract,' and to
call upon the committbo to examino General
Swift himsolf as to tho imputed fact of Mr. Cal
houn’s knowledge and connivance.
Having shown that the entire mass of tho
testimony produced is logaily inadmissible on
the trial of any issue which can bo made upon
Air. Calhoun’s, official conduct or moral inte
grity, itjisduo to tho committee that I should
explaiu my reasons for not objecting to it os it
occurred in tho progress of tho investigation.
Convinced of tho absolute falsity of the char~
ges presented, and of the entire purity of Mr.
Calhoun’s character in all tho relations, public
or privato, in which it can bo crntomplaiad, I
determined, from the beginning, that I would
interpose no objection to any inquiry which the
committee might think proper to institute, nor
t0 description of evidence by which they
ni.ghr think proper to pursuo it. Any attempt
on my part to restrain the latitudo of the in
vestigation, or to prevent tho abduction oven
of improper evidence, would have been con-
stnicil by tho malicious into a desire to screen
Mr. Calhoup, behind icehnical forms, from a
full and free investigation. And as I was sa
tisfied that tho luoro. sovorc the ordeal, the
more couclusivo would be the evidence of tho
fidelity aud zeal of his uffic.al conduct, I was
the more willing tint the investigation should
assume any form which the: committee might
choose to givo it, and ho prosecuted hy any
sort of evidpnee which they might iliuik pro
per to admit, upon their own responsibility.
But although I had a right, as the personal
friend of Air. Calhoun, to abstain from any in
terference with the course of tho committee,
I have no right, considering tho relation in
which he stands, unit in which 1 stand, to the
public, to sanction, by my acquiescence, a spe
cies of unlicensed inquisition, unknown t<> the
a rrudence of ■any free country, and which
d furnish a precedent utterly subversive of
tho only elfectual safe-guards of the reputation
of public men in periods of great political ex
citement.
H iving disposed of that branch of the inves
tigation which relates to the imputations upon
Air. Calhoun’s official integrity, it remains for
me to offer a few remarks upon a view of this
subject, which, though not involved in the issue
referred to the committee, is evidently embra
ced in the scope of their inquiries. It Ins been
too apparent to escape tho observation even of
one less interested than I mn to mark the bear
ings of this investigation, that n very largo por
tion of tho testimony can havo no other appli
cation or object than to call in question the
general administration of the War Depart-
men , while Mr. Calhoun presided over it, by.
holding ban responsible for the minute irregu
larities of its subordinate branches, and parti-
culirly those of tho Engineer Department:
Wilde, i here fore, tho charge is specific and 1'-
mited, die investigation is general and undefin
ed, and the most obvious principles of justice
require that tho defence should at least ire co
extensive with tho attack, whether it is to bo
open and direct, or disguised and incidental.
Assuming, then, that the general irregulari
ties of ii subordinate branch of tho War De
partment, are fiir subjects of inquiry, let its
see whether the specifications are such us ad
mitting their truth, will fairly fix any portion
of the responsibility oil Mr. Calhoun. Tito
contract in relation to which tho imputed irre
gularities occurred, was made the, 25th of Jn-
ly, 1818. Mr. Calhoun took charge of the.
War Department, the 8ih of December, 1817;
and it is a fact of undisputed notoriety that he
found it uttorly destitute of organization in al
most all its branches, and pre-eminently so in
tho Engineer Department. Tho extensivo o-
porations and large disbursements of the then
recent war, effected under n system of admin
istration having neither organization nor re
sponsibility, had introduced such irregularities
aud abuses, nnd caused tho accumulation of
such a in tss of unsettled accounts nnd unfinish
ed business, that llie War De[>artnicnt was ac
tually shunned by sovora! distinguished citizens
who were solicited to preside over it, ns an Au-
gonn stable, holding out in prospect the labors
ot a Hercules, without any portiou of his fume. ]
Such‘Vine tho condition of the Department
when Air. Calhoup became its Chief Officer,
and evory irregularity which is imputable to
the Al.x contract, including the omission to ad
vertise, having been common and frequent in
overy p eccdmg administration, without any
effectual effort to correct them: tho injustice of
holding Mr. Calhoun responsible for not cor
roding, in n few months, irregularities which
lbs predecessors had hot oven attempted to
correct in as irinrty years, is too gross to bo to
lerated for a moment.
It is obvious that tho head of such a depart
ment, cannot, upon any rational principle, be
made responsible for n particular instnneo of
irregularity in tho details of a subordinate de
partment. Tho truo point of his responsibili
ty is tho gonerni laxity aud want of system from
which the particular instance arises. If, there
fore, Air. Calhoun is obnoxious to any censure
in tlm prosont caso, it is for the imperfect or
ganization of the Engincor Department on the
23th July, 1818. Inthisviewof tho subject,
it is to tie remirkod tin. ho look! charge of tho
Department in December, 1817, at tho open
ing-of the session of congress; left Washington
for-South Carolina, ' oh iadisponsablo busi
ness, immediately alter' tho close of the ses
sion in tho May following; and did not re
turn until tho month of July, only two weeks
before tho contract in question was closed; ■ and
was almost incessantly occupied, during theso
two wooks, in tho deliberations of tho cabinot
on the military occurrences of tho Seminole
carapaigu.
Undor. those circumstancos, the irregularity
jn question _ cannot bo imputed to him, 'either
in factor in theory. Coming into a compli
cated department, which was almost literally
in a state of chaos, nothing but a spirit of official
quackery could havo prompted him to cobt-
fcfiodis pit «y«nh>r
atic reformation, before ho had deliberately
surveyed tho working of its disordered machin
ery, and ascertained both tho causes of the ex
isting . irrogulurities, and the most effective
means of correcting them permanently.
In fact, when it is considered that Mr. Cal
houn first noccssarily dovoted himself to the
creation and organization of tho Departments
of .tho Quarter Alaster Goneral, Surgeon Gen-
noral, and Commissary Gcncnil, under nn act
ot Congress, passed upon his recommendation,
in April, 1818, tho wonder is that tho reforma
tion of the Engineer Department was com
menced and completed at such early, periods
as in fact it was. I cannot believe it possible,
therefore, tho committee will seTect th minuto
irregularities of detail in a transaction which
was conducted exclusively by subordinate offi
cers, aud of which the irregularities really be
longed io tho antecedent period of disorder, os
a criterion of Air. Calhoun's general adminis
tration of the War Department. -
Indeed the very irregularities, which W are
now .considering, nro tho‘more striking, bo-
cause of tho perfect organization, responsibili
ty and system, which Mr. Calhoun has the
high merit of having subsequently imparted to
all tho arrangements and operations of tho de
partment.
Standing in contrast with his own improve
ments, these petty and subordiuato irregulari
ties aro exhibited in bold relief to the prying
and invidious research of the censorious, and
in this way not only ihe imperfections which
lie found in the system of administration, but
the signal regularity which he introduced in the
proceedings of the department, are made to
furnish matter of accusation against him.
As the general industry, zeal, and ability,
with which Mr. Calhoun discharged-his official
duties, are thus distinctly put'in issue by tho
direction Which the committee have given to
the examination, I claim the right of calling
belbre them all the Heads of the subordinate
Departments, who were his able co-adjutors in
the great work of reform, aud of showing by
their united testmony, the condition in which
lie found tho dqwr.metit; the fidelity, and un
remitting labor villi which he devoted himself
to tut improveinmt; and tho high perfection of
its arrangemens, which crowned his labors
with a success equally conducive to his own
laiuo and to tic welfare of his country. I
must, therefore, request that the committeo
will examino the following gentlemen, touching
this branch of tho inquiry: Alujor General
Brown, General Thomas S. Jesup, General
A. Macomb. Dr. J. Lovell, Colonel N. Tow-
son, Colono] G. Gibson, Colonel G. Bomfqrd,
Colonel 1, Roberdcjiti, and Colonel John E.
Wool. If I am net greatly mistaken, it will
conclusively appear from their evidence, that
the system of rigorous responsibility and strict
economy which ;Mr. Calhoun introduced into
ue operations and d.sbursinentsof tho military
establishment, havo effected an annual saving
n tiie ii.i,tonal expenditure of more than a nid-
Ion of dollars, to say' uoiliitig of the striking
improvement made in the moral of the army,
is well us in its military discipline and effici
ency.
Although tho views already presented show
lie injustice of hulling .Mr. C ilhoun in any
degree responsible for the formal irregularities
vhicli nt ,y have existed in the formation of
the contract with El,jilt Al.x, it is due to tho
historical tcutii of the case that I should state,
that, in pu nt of fact, no injury resulted to the
Government from those irregularities, or from
the making of the :oii,ract w.th such a person.
On die contruty, it‘was conclusively’ shown iu
the investigation which took place on tho sub
ject ia the House of Representatives, in May,
1822, that, previous to the formation of the
contract, notice was actually given, and inqui
ries inado, at uf the points where suitable stone
could be procured, and that Colonel Arnti-
stead, to uso his own words, “mado experi
ments, by haying tho stono quarried near
Georgetown by laborers hired by the United
States, and fouod that it could not be procured
aud carried to Old Point Comfort for less than
three dollars fifty conts per perch, togother
with the great uncer ainty of getting vessels to
transport it.", Tho testimony of Commodore
Rodgers, Gen, Alason, Air. Baker of George
town, and various other wunosses all concurred
m tho uncontradiciod statement, that three dol
lars fifty cent* per perch was tho lowest sum
for which Watbno could bo delircrcd. Ami
accoraingiy.TTnrotr aottars nrty cents was tnc'
lowest bid eipcpt that of Elijah AI.x. It is ap
parent, therefore, that the contract at throo
dollars por perch would hnvo been ruinous to
Mix, but for “tho very uuoxpoctcd and rapid
fall in tho price of labor and transportation”
adverted to by the witnesses in tho former ex
amination. Such was tho conclusive force of
this, testimony in 1822, that the bare reading
of it, without a single word of commentary or
argument, induced the the Houso of Represen
tatives, by a vote of ono hundred and thirty-
one to twenty, to reject tho report and resolu
tion of the select committee which recommend
ed n suspension of all appropriations for tho
fulfilment of that contract. Although, there
fore, the character of. Alix was, even at the
dato of tho contract, stamped with infamy, the
fact was then wholly unknown to Air. Calhoun,
aud I bellevo, t> every officer of tho Engineer
department; .and however much some of thoso
officers may havo suffored from having to deal
with a man so profligate and unprincipled, it is
clear that the Government has actually saved
seventy-five tho iRind dollars in tho whole con
tract, by accepting his bid. And I cannot but
remark, in concluding this part of tho subject,
that tho vigilant regard for the public interest
with which Mr, Calhoun has invariably enfor
ced upon Alix (lie performance of this contract,
hascvidontly brought upon him tho infamous ca
lumny which |»as givon rise to this investigation.
I cannot bring this communication to a close
witbout_jj>»«nHlly and distinctly protesting a-
gainst Blending tlm examination and trial of
charges against tho subordinate officers of the
War Department, with the present invostiga-
lion.- Tue.injustice of such a- courso to thoso
.officers, has boon already stated. It would be
literally condemning them without a trial. The
injustice to..Mr. CaUio.uft'Ts Equally groat,
though not quiib soffibvious. Upon principles
of association which tho committee will readily
comprehend, it ■ should bo visiting upon Air.
Calhoun, by a most sovore and cruel dispensa
tion, tho guilt qf these subordinate officers, es
tablished by a modo of proceeding having none
of the forms or legal accusation and trial, but
assuming the most odious of tho prerogatives
of thoso inquisitorial tribunals fortunately known
to us only by tho .history of less favored coun
tries.
Finally: I cannot but express my sincorc
regret at tho extraordinary dolay which lias
characterised this proceeding, and at tho groat
injustice and injury which have unavoidably re
sulted to Mr. Calhoun from that circumstance
alone. It is nowrapro than four weeks' sinco
this coraiftittoc was charged to inquire whether
tho Vico President of the United States had
been guilty of tho infamous offence of partici
pating, whilo Secretary of War, in tho profits
of a contract mado with an individual, by tho
Department over which ho presidod. Tho u-
trocious character of tho chargo, and tho high
station of the individual implicated, naturally
excited in evory portion of tho Union tho most
lively interest ip. tho proceedings of the
committee; and the pcopln of tho Unitod
States, at a loss to oceount for tho delay up
on any other supposition than that tome c-
vtdence of guilt bad beon exhibited, have
been looking, dey after day, and week after
week, with the most intense anxiety,, for tho
result of an investigation involving not only
the honest name of a public servant, who has
been for for fifteen years honorably and omin-
enily identified with the political history of the
country, but involving, also, in no small de
gree, tho reputation of the country—whose
rights and whose honor ho has so largely con
tributed to defend, whose character he ha3 so
largely contributed to elevate, and whose in
stitutions he has so successfully labored to es
tablish and mature. If, front the high honor
and unsuspected purity which have character-
nited States and the colonics of GreatlW I
was resumed, the motion of Alr. Smqh of 5? I
tvhnlfl lilll. nflnr <lin I
to strike out the whole bill, after the
clause, and to substitute other provisiom —
pending, Air. Holmes offered an amend^f
to. tho amendment, which, .after some diit^I
sion, was rejected.
Friday, February 2?,
The bill from the other. Houso making il
prpprialions for tho. Naval service of the y?
ted States, was read twjco and referred to i[u
committeo on finance. The consideration A
the Bill for regulating the .intercourse beprJ!
ilie United States and tho British Cnlnn;„. .
ized every action of his life, all who knew him, the United States and the British Colonics v.-jj
• i t i I 1 l unaiimnil tlm motinn nfMi*. Smith nf 1\Tj
whether friends or enemies, have looked with
equal confidence to his entire acquittal of the
charge presented, it can scarcely bo doubted
that a large portion of tho people of tho Unit
ed States, who do not know him, must have re
garded the unexpected procrastination of tho
inquiry, os a circumstance inexplicable if not
suspicious. And, while I am under the neces
sity, from the course pursued bv the commit
tee, of still further protracting their investiga
tion, I shall uso every effort, in which I ear
nestly solicit their co-operation, to bring this
long labor to a speedy termination.
I havo the honor to bo, with very great re
spect, your obedient servant,
GEO. M’DUFFIE.
From Ihe Xattonal Intelligencer, February 17.
COMMUNICATION.
The communication of Mr. AI’Diiffie to tho
select committee instituted at the request of tho
Vice President, dated 29th of January, contains
one sentence to which we think it our duty to
respond. It is in these words: “Such was the
conclusive force of this testimony in 1822, that
the bare rending of it, without a singlo word of
commentary or augument, induced the House
of Representatives, by a vote of 131 to 20, to
reject the roport nnd resolution of tho select
committee, which recommend a suspension of
all appropriations for tho fulfilment of that con
tact.”
H iving beon members of tho select com
mittee of 1822, and fully satisfied with their re
port and resolution, wo feel disposed to say
somothing in our own defence. Had Mr. M'-
Dufftc confined himself to facts,and just con
clusions, we should have abstained from all re
mark. This he lias not done. Ilis misrepre
sentations, we will not say intentional ones, de
mand, and shall receive correction.
Unwilling to depend exclusively upon me
mory, wo havo adverted to tho Journal of the
Houso of Representatives, from which the fol
lowing extracts aro made.
Ajtril 22, 1822.—“The resolution of Air. Butler, re
quiring the appointment of a select committee, to in
quire whether the Rip Rap contract was mndo accor
ding to law, and whether the contractor had fulfilled
his covenants, was adopted. The committee consist
ed of Messrs. Butler Aletcalfe, and Campbell.” (Sec
Journal p. 477.)
May 2.—“Mr. Cocke moved 4o strike from the “bill
making appropriations for the military service for 1322,
and for other purposes,” the words “For Fort Calhoun
fifty thousand dollara.” _ The House adjourned with'
out# decision.” (See Journal p. 547.) .... . - . ^
Jlfnii King tho minnrmea~iTO5i- whth ho denied.
preceding day, was a-oin under conside
ration.' A debate arising upon Air.
ness of the , ,
arising upon Air. Cocke's amend
ment, Air. Colden called for the previous question,
which was carried, 131 to 20.” (See Journal, p. 549.)
May 6. This bill was returned from the Senate
with an amendment in these Vrords, following the ap
propriation for Fort Calhoun: “This appropriation
not to be regarded as a confirmation of the contract
made with Elijah Mix, in regard to this fort." Air.
Williams moved to amend, by adding the words “or
disaffirmance” after the word “confirmation” which
was determined in the negative. Air. Sawyer called
for the previous question, which was, will the House
agree to the amendment of the 'Senate as aforesaid?—
The division was 40 to 80. Sec Journal p.581.
May-7. Air. Butler, trom the Select Committo on
the Rip Rap contract, made a report; which was read,
and ordered to lie on the table. See Journo!, p. 580.
The error into which Mr. AI’Duffio has fal
len is this: lie assorts that tho report and re
solution of tho committeo were, uppn boing
barelyjoad, rejected by a vote of one hundred
and thirty-ono to ttvonty; whereas tho journal
provos beyond all donbt that tho roport was
not mado until tho 7th of May, four days sub
sequent to the alleged rejection. Besides,
thoro was no voto in the House on striking out
tho words, making an appropriation for Fort
Calhoun. He has boon a member of congress
long enough to know, that a call for tho previ
ous question, when sustained, pqts aside all a-
mendments, and precludes further debate.-—
This quostion is often sustained by tho Houso,
when tho speody passago of a bill is obviously
important, particularly near tho closo of a ses
sion. It is possiblo, that Air. Calhoun, through
his friend Mr. Al'Duffic, means to prove, hy
tho voto of tho Houso of tho 3d of May, 1822,
that tho report of tho committeo, if mado at
that time, was rojoctod, aud thereby all tho ir
regularities of the contract fully sanctioned.—
This fact could only bo ascertained by pollixg.
the members who voted oa that occasloi a, as it
is not practicable to ascertain in any other
way, tho motives and reasons by which gentle
men were influenced. Ilis declaration to say
the least of it, is wholly gratuitous.
Wo feel no disposition to engage in a Con
troversy with Alossrs. Calhoun and M’Duffie,
respecting this contract; nono to dcclino sodi a
controversy, if necessary to.our own vindica
tion against any unjust imputation.
THOMAS METCALFE.
J. W. CAMPBELL.
IN SENATE.
mi , . Wednesday, February 21.
I he bill to amend tho act regulating tho
1 ost Office Department, was read twice and
referred. Air, Johnson called up tho bill to ro-
gulato tho intercourse between the United
States and Groat Britain. Tho measure was
opposed, as superceding tho Woollons Bill,
which was a special order, but was carried
Ayes 26, Noes 19. Air. Smith of Md. offered
a substitute for tho bill reported from the com-
mittee of Commerco, and supported tho prono-
sition at great length. Air. S.lsbeo replied, in
a speech of about two hours, to Mr. Smith, und
defended tho views of tho committbo.
. Thursday, February 22. *-
1 no bill making appropriations for the mili-
* a JL SCrvico ° ft ' 10 United States for tho year
1827, was read twico and referred. Two
hours \iere spent in the consideration of ilio
btu to regulate the iatcrcouoo between tho U-.
resumed, tho motion of Air. Smith, of AJd. s a
pending. Air. Johuston of La. addressed ik
Senate in reply to Air. Smith, and in supnj.
of the Bill as reported. Mr. Holmes
an amendment, the effect of which js to ij.
tcrdict the inland trade with Canada, which at
ter much discussion, was agreed to-—Ayes 3J,
HOUSE OF REPRESENTATIVES;
Siturday, February n
GEORGIA MILITIA CLAI.MS. *'
Tho house, on motion of Air. Cook,
into committeo of tho whole on tho state of th*
union, Br. Bartlett in the chair, on the ntilio.
«• i ... • * .
ry appropriation bill, and tbo .question beiu
on the following amendment, moved yosterda
by Mr. Vance:
“For the settlement of the claims of the Alititforf
Georgia, for services rendered during the years 175J
3, and 4, agreeably to the estimate of Constant Frit,
man, and to be paid under the sanction of the Sects
tary of War, one hundred and twenty-nine thoujj3
three hundred aud seventy-five dollars and sixtv-ii
cents."
Air. Clarke, without expressing any settle!
opinion as to tho justice af tho claim, dolivortf
Ins views at considerable length in opposite
to tho insertion of an appropriation forties
in the present bill. He contended that it \q
utterly without precedent, and referred to tie
frequent ad.orse reports mado by the commit,
tees of tho house, by the attorney general, acl
by the secretary of war, among othor reason
for doubting the justice of tho claim.
Air. Thompson, of Georgia, after comment
ingtlio candor and diligonco of tho present mi.
litary committee of tho house, went into a vie.
dication, both of tho general principles of th
claim, and of tho propriety of providing fir
them in tho present bill. Ho insisted that aS
the adverse reports had rested on one comma,
nication from attorney general Lincoln, wbo,
however, had , expressed but an imperfect re
collection of the principal fact in controvert),
and that tho positive testimony of the Geor$a
commissioners, Baldwin and Jackson, rasbeh
ter authority.
Air. Wright, of Ohio, vindicated tho justice
of the claim, and argued to show that tin
troops jn question had beon employed on ac
count of tho United States, and hail never de
manded or expected their pay irom any other
quarter, and then went into the discussion e[
tho question, whether theso claims were*
woro not included in the compact by which
Georgia coded to the United States hef mid
Mr. Burges took tho same view of the sab.
joct, and illustrated and insisted on tho art*
ments of Messrs. Thompson and Wright, lit
denied tho right of the United States to negoti
ate away tho claims of individual citizens, and
concluded by suggesting that the recent colli
sions botween Georgia and tho Gonerni Gov
ernment, ought to clevato tho feelings of the
house to act with, promptitude on this sub-
joct. Lot tho government show to the pw
1>!° of Georgia that they were actuated by n»
disposition to deny ihoir just claims, or to de
lay tho payment of them.
Air. JIT Coy opposed the appropriation: Hi
denied that tho justico of the claim had ovef
been admitted by president Washington, Is*
that it had boon objected to bocanso the get*
ernor of Georgia hud transcended his uuthori-
ty. lie gavo a history of tho foto of tho claim
at diflerent sessionsj nnd insisted that tho chifh
was provided, for in thocotupact of scssioti,.&c-‘
Air. Williams rose in reply, discussed the
arguments of Air. Al‘Coy, and insisted largely
on the testimony of the Georgia commission^
ors, and tho favorabio decision of tho secrct>
ty of wan Ho quotet] the instanco of tho al
lowance of tho claims of David Golstpn, col
lector ut Now York, in a former appropriate
bill, to show that tho present allowance would
not bo unprecedented. • ’
Nt. Dwight expressed an opinion inclining
towards an admission of tho claim - , hut warmly
opposed the insertion of a provision for if io t
general appropriation bill, which ho considered
likely to lead to very injurious coasoquonces.
TI10 dobato was further continued by M»
Haynes, who contended earnestly for 1b 9
claim. .
Ah'.. Vanea followed -on tho~snmo side, and
replied in a particular manner to Mr. Clatlfi
stated tho principles which had guided tho com
mittee in their roport, and vindicated tho re
port.
Tho quostion boing then taken, tho amend-
™ on * moved by Air. Vauco, for the payracii
of the Georgia militia claims, was adopted-
ayes 73, nocs 62. - -•.
rp, . , Wednesday,FebruaryiU
ihe bills establishing sundry post roads, an*
making aiv appropriation for tho military servo*
ot tho U. Sta.es,were passed. The Housotb®
went into committeo of tho Wholo on the
making appropriations for tho service of the t*
vy. In the cotirso of Debate bn this Bill the Co
lony on tho Coast of Africa underwent sen®
discussion, in consequence of tho proposed ap*
propitiation for tho support of tho Colon)' c ‘
Africans re-capturetl from slave-ships. Rj
appropriation was finally agreed to.
F« Johnson finished his observation* 11
opposition -to tho resolution offered by
Saunders, and Air. Houston obtained tho
lor tomorrow, to speak in reply.
Thursday, February^}'
.Mr, Houston spoko at some longth in octette*
of the resolution offered by Mr. Saunders, b cI
had not concluded when tho Speaker again if
rested tho discussion. Tho bill making *f!
proprtnttons for fortifications, sovcrally P 155 ' 1
through committoo of tho Wholo, and weref"
ported, and ordered to bo engrossed and
third time. The bill making appropriat*®* 1
for the Navy was read a third time nnd pa^