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TWDriTXfirtc cowoKUsa,
SECOND HUSSION.
HOUSE OF REPRESENTATIVES.
Friday, Jiiniiary 10.
GEORGIA CLAIMS.
The House having gone into Committee of
■the Whole on the state of the Union, Mr.
('undid in the Chnir, nnd resumeil tho con
sideration of the motion of Mr. Thompson,
to reverse the report of tho Committee on
Indian Affair?, on the subject of the Georgia
Claims;
Mr. Owen having resinned his sent—
Mr. Gilmer arose nml said, that after the
ample discussion which the subject before
the Committee Imd received, he should con-
lent himself with stating one or two facts
connected with it, and lidding a few neces
sary comments.
The lirst question, said Mr. O. which pre
sented itself for determination wits, 10 whom
the unexpended balance of the 25(1,000 dol
lars belonged, after satisfying the Georgia
Claimants, lie had no doubt hoi tlnu u be
longed to the United States. When, how
ever, he admitted this, ho wished u to he mi
derstood, that, according to Ins interpreta
tion of the contract between the U. Hiuies,
Georgia, and the Creeks, all parties sup
posed, lliut when that contract was faithful
iy executed, there would most piohably he
no balance whatever.
Mr. U. said, that this matter would Is
betlec understood by a knowledge of the
circumstances under which that contract
was entered into. In 1821 Commissioners
on the pail of the United .Slates, proceeded
to make n treaty with the Creek Indians, for
the extinguishment of their title to lands in
Georgia, in pursuance of an appropriation
of money specially made by Congress for
that purpose: that, according to instructi
ons given to those Commissioners by tIn*
w ur Depnrttueut,(and here he wished the
Chairman of the Committee on Indian Af
fairs to correct him if lie were in error,;
(hey were not to nxr.ecd It) cents per acre
pn price, for what they should acquire of
the Creeks. That accordingly, the Coin
missiutiers hud contracted with that tribe,
that it should cede lo the United States, for
the benefit of Georgia, four and u Imlf mil
lions of acres, for which they were to re
ceivu $450,000. That, after these terms
bad been agreed upon, but before, the treaty
Jind bean signed, Commissioners on the pan
of Georgia presented to the Creek Chiefs,
claims of the citizens of that State agtimM
their tribe, amounting to the sum of 1480.00(1
dollars ; and required that they should he
adjusted. It was then agreed, between the
several parties, that the Creeks should re
ueive of the United Stales ‘400.000 dollars in
money, for their luud, and the remaining
£50,000 dollars, which they were to have
received, should he paid by the U. States to
the Stale of Georgia, for the benefit of her
citizens, who lutd received injuries from the
Creeks; subject, however, to the investiga
tion and determination of the President of
the United States. In pursuance of which
agreement, Mr. G. observed, that the Coin
tnissioners of Georgia gave to the Creek
tribe a receipt in full of all claims, debts, da
mages, and property, which the citizens of
that State bad against that tribe, prior to
1802. And the United States agreed to pay
to the citizens of Georgia, these claims,
debts, damages and property, provided the
name did not exceed $ 250,000 Mr. G. ob
served, that each of the parties to this con
tract seemed to have Imd equal reason to he
satisfied. The Indians Imd sold their land
for a larger consideration than usual, and
with $250,000 of the price bad paid uu
account w hich the Georgians had against
them of tliii ty years standing, most of which
they hn l frequently acknowledged to he
just, and amounting to the sum of $260,000
The Georgians were very much pleased,
because, by the construction which the U-
nited States Imd put upon the Constitution,
their own State Government had not the
power of compelling the Creeks to restore
their p operty, or otherwise to do them jus
tice ; by which, previously, it Imd scented ns
if they were lo have been deprived entire-1
feelings of hostility bad «•( (waved te ex
ist. Repeated injuries were inflicted upon
the frontier iulmhitAnts, which ihc weak
ness of the State Government rendered it
unable to punish. Attempts were frequent
ly made to conciliate the Creeks. Treaty
after treaty was made, from 17811 to KUO.
They were, however, broken ns often ns
made, without the Government having the
power to enforce them. The frontiers were
very extensive, and the population so scat
tered, that the Indians had an ensy access
into the country every where, for ihc pur
poses of plunder. Tho people were coin-
pi lied to protect themselves by furtifica-
tions oftlieir own making Block house.*
wei e erected by them and maimed by volun
tary serv ice, in order to intercept and puundi
the predatory parties of the Indians. Tins
service was extremely himhensomu to in-
habitants just arrived from distant parts ol
the United Slates, and with scanty means
ol support. Mr. G. continued to say that
the lass of Hlnves, horses, and cattle, could
not then he repaired by the People, as they
could at the present time. The value ol
sudi property was fur greater then, than at
present. The country was lo be cleared of
its forest to fit it for cultivation. Labor was
not to bo hired. There was no supplying
the place of a lost horse or stolen mule, lie-
cause the People, in moving from Virginia
and North Carolina, found it difticult m car
ry with them a sufficient supply for their
own use. The In*s of cattle, .Mr. G. said,
was particularly felt, because thereby tin
People were deprived of their most usual
nml cheapest means of subsistence. One
of tho principal inducements to the settle
ment of liie country Imd been tlie ndvtniia
ges which us extensive range presented, a
hounding, im it did, with grass and calm.
Tho exuberance of the natural vegetiui it
of the coiinii y, instead of proving an advan
tage lo the Millers, bail been frequently the
occasion of their greatest losses, by exposing
ilicir hm-se* and stock lo the thieving habits
of the Indians.
Hilt the irijniies, Me. G. said, which the
frontier iiilialiitaiilssull'ercd, by having their 1 coll, fe
prupei ly plundered mid destroyed, were ac- | c.liiinmni
•f i6»«e, Ike poiiieipa! ®f wLi A had been
allow sil. and upon which internet had been
refused. Mr. G. raid, that he hnd already
endeavored to show that the most liberal
allowance ought to he made in favor of all
tho claims before the Committee, lie did
not consider the claimants as demanding in
terest of the Government, hut ns insisting
upon tho equitable lien they Imd upon the
fund-.i in its hands, for n full and just com
peusation for the injuries they hnd sustain
ed. lie did not consider that interest upon
the value of llieir losses from the time when
their property wastaken or destroyed, would
really he ample satisfaction to the claimants
ibr the kind of depredations committed up
on them, but »« furnishing the only fixed
rule by which an uniform estimate could he
made. The claim of interest was upon the
fund appropriated fur the payment of the
claims, oml not upon the public Treasury.
The question really was whether the claim
ants, whoso demands Imd remained unsatis
fied for thirty or forty years, Imd not a more
equitable lieu upon the unexpended balance
of ibe $250,000, for compensation to them
for the lime they Imd lost the use of their
properly, ilmu any right to ii on the part ol
ihc Government. That compensation to
the claimants, had, however, been resisted
through the opinion of ihe Attorney Gener
al. The claiumn'.H would have been better
satisfied lo Imvc had the justice of their de
mands decided upon by the sense of equity
of the Chief .Magis.rale of their country, by
whom, according to compact, they wore
.o have been adjudicated, than by the tech
uicui rules of the Government's law ofliccr.
That high officer hnd determined that in
terest did not follow a claim for unliquida
ted damages. Nominally lit- was right ;
but, sohstuiiiially, w rong. The claims were
not for mil q a i da ted damages, lin i for specific
property in iin- possession of the Creek In
dittos, winch Irvl nipod lo cil,zens of Geor
gia, and winch tl.e Creek Irilie, by various
treaties, !i,.d promised to restore lo its own
ers.
It’ '.lie Indians could have been r:ir, 1 in the
law, the remedy for ilia Georgia
would Imvu been an action
d tr<
eiioip;mil'll by evils the extant of which ver, in which they would have been en'itlcl
could lie only known lo those who hud felt I to recover their property, or its full value,
them, lie said it was his fortune to bate ] m lieu lliereuf, together with damages equal
been a native of the country which bordi r to the value of tho u*o of the proper i v tin mi
ed then on the Creek and Cherokee hunting I the lime at which it Imd been demanded, un-
grounds. He could yet recollect the liomd ! id tho teimir.niinn of the suit. That was
views of the Indian scalping knife, wine h 1 the law of tho State w it Inn winch both par-
ware presented to him in the dreams of bis I tm* resid'd. Ii was a rule of equity, that
childhood. From the couinienreineiit of
ilm Revolutionary war until 171)4 auj ’5,
the Creek Indians continued lo commit oc
casional acts of the greatest barbarity upon
llio frontier People. The Government hau
been either unable, or neglected to furnish
ilia necessary protection to its citizens. Af-
11 nr compamtatioti fur injuries should he ful
ly equal lo ihc loss sustaine:!. Wr.a there a-
n y mi sun why l Im Geergm claimant s should
uol hav e that justice done them bv their Go
vernment, wlnih one citizen could compel
of uiudber by the strict rules of law t —
Surely, it was not bemuse the Government
tern military force was finally authorized by bad neglected to compel the Creeks to nor
ibis Government, nml troops had boon cnlis
icd from among the People of Georgia, il
was a matter of history, familiar to every
member of the Committee, tint', those troops
had scarcely yet been pant. For more than
thirty years, year after year, they hud pe-I
titioned in vain.
Mr. (J. said that he had attempted to de
scribe the kind and peculiar value of the pro
perty of which the Georgia claimants had
been plundered by the Creek Indians, their
continued apprehension of Indian attack*,
and the want of protection on the part of
tlie Government, in order to shew, more
clearly, the injustice which hud been done
them, liy the manner in which their claims
had been heretofore adjudicated, and as the
best commentary upon the reasoning of the
Secretary of War and the Attorney Gcuu-
ral.
Mr. G. then proceeded briefly to consider
the different classes of claims w hicli be sup
posed hud been improperly rejected: First,
dint lor property destroyed previous lo the
treaty of New-Yurk ; secondly, that for in
teresr upon claims which had been allowed ;
and, thirdly, thut for the value ol the in
crease of those female slaves who had been
taken by the Creeks, and not restored uc-
ording to tho conditions of treaties.
As to the class of claims for property dcs-
ly of redress for their injuries. And the troyed, which had been rejected, because the
Commissioners of tho United State* were
gratified,because they hud beeu enabled not
bnly to perform the purpose for which they
had been originally appointed, by procur
iltc a valuable tract of country for the State
u! Georgia, but also to render nu essential
service to a large class of injured citizens.
There whs also a possibility, that, by its-
miming the payment of the claims of the
citizens of Georgia, with the power given
to the President to adjudicate those claims,
that tim United States might have it less sum
to advance than that which it would other
wise have been obliged to have paidjthe In
diana. It was to be. remarked, too, Mr. G.
laid, that the United States’ Commissioners
treaty of New-York did not provide for them
Mr. G. said, that the treaty at the Indian
Springs specially contracted for the pity
merit of properly destroyed prior to 18112
tl/ut it was Mpcdiest to bare further legiala-
uon in laTor of me claims of the citizens
of Georgia.
—oOfe—
IN »t.NATE.
W'kdneidat, February 4
Agreeably to notice given, Mr. Bentonaikod and
obtained leave to introduce “ a hill lo provide tor
the gradual increase of the Corps oi Engineer!,
and for other purposeswhich vvus read, ami pas.
sed to a second rending.
The Chair communicated to tho Senate a mca-
saye from the President of tho l tilled States, trans
mitting, in compliance w ith a resolution of the Se
nate ol January 20, n report ol the Secretary of
Stale, with copies of a letter of instructions to tbe
Minister ol the United States in Mexico, anil of his
answer, relating to the recovery of dehls in that
country, due to American citizens.
Tiie Chair also communicated a letter from the
acting Secretary of the Treasury, transmitting a
statement of the amount of duties on imports which
accrued in etic.li quarter of the year 4827, and the
three first quarter!: of the year 1828 ; and also an
estimate oi the amount tor the fourth quarter of
the year 1828—jtrepared in obedience to u resolu
tion of the Scnute of the 2ith ultimo.
The Senate then proceeded to I lie consideration
of Executive business, and sat with dosed doors
for near throe hours ; when they adjourned.
TmJiisn.iT, Ke hr nary 5.
The following resolution, yesterday submitted
by Mr. Hoyne, was taken up for consideration :
" H'SolreH, That the President of the U. Slates
he requested to cause to he laid before the Senate a
detailed statement of the expenses incurred in fit
ting out and preparing an expedition lor exploring
the Pacific Ocean and Soiilli Seas: together with
the ndditinifnl amounts whirl) will he necessary to
cover all the expenses of such an expedition. And
thut lie also be requested to cait.-i: to be submitted
a detailed statement, shewing the several amounts
transferred from the dliTereni heads of impropriati
on* for ihe support of ihe Niwy to (his object, and
the authority by which L.ich transfers lmvc been
made.”
Monday, February il.
.Mr. Tatiwtll, from t!i° Joint ('oninilrtee appoin
ted tor the p n pose, reported, in pari, the follow
ing rcsoiiil on :
/■V.tn/ret/, Thatthetwo Houses shall nxaemhlein
file ('hamherof fii • House of Representatives, on
Wednesday, the illli day of February, 1829, ut
twelve o’clock ; that one person he appointed
Teller on fin’ part of the .Senate, and two persons
he appointed Ti Hers on too part of tbe House, to
miik e a list of tlie votes for President and Vice
IVc-ident ol the United States, a* they shall be de-
clauni ; that ilie result -hill 1 tie delivered to tiie
Prefidsul ol lio; .Senate, who shall announce to the
two Houses assembled ns utTresaid the Slate of the
vote, and the person or pertains elected, if it shall
nojear Unit a choice hath been made agreeably to
the Constitution of the United States; which
Ootniiiuuieation shall he deemed a sufficient deck
ration of the person or persons elected, and toge
ther with n list r.l votes, shall be entered w:t the
Journals of the two Houses.
The report was rend, and agreed to, and Mr.
Tnewcll was elected Teller oil the part of the Se
nate.
HOUKE OF REPRESENTATIVES.
Wf.iwksuav. Feb. 4.
ORGANIZATION OF TIIE MILITIA.
fvlr. Thompson, from the Cni.miuee on
the subject of the Militia, tnado u report, ac
companied by.u bill to provide more ofl’ec-
tually fur tho national defence, by organi
zing, arming nnd establishing a uniform mi■
lilia throughout tlie United Suites, and to
provide for the discipline thereof; which
lull was read the first un i second lime, and
committed to the Committee of the Whole
House on the state of the Union.
COUNTING ELECTOR\L VOTES.
The resolution from the Senate, propos
ing the appointment of a Joint Committee
lo ascertain nml report a mode of nxamitt
mg the votes of President ami Vice-Presi
dent of the United States, and of notifying
the persons darted of their election.” was
iltnti called up, rend, and adopted by tlie
House.
TONNAGE DUTY.
The Hons- proceeded to the, considerati-
i on of the bill to repeal ihe tonnage ilmies
Shall this bill Ut» e«fr*|ged, it lid road the I and those hardy und gaifen
third time? I were Ufiessaiv ibr tin- ; mi-.
On this question, the yeas and nay* were) extended neuhourd id the 8
sailors,
nib. .i.• l ilm
U'f \\ PHI.
’ rise fo thn
Mi-smaqipi, iho great outlet to
Mr Hamilton said, fte did tn
purpose of discussing the tariff' rite w rungs
which Ins constituents suffered unfiei it
should not betray him into smii ar, , .imt-
souabl.t and unavailing discussion, IL ,,so
merely for the purpose ut giving the rmsum
which should influence Ins vole against iho
bill—of the correctness of the principle up
on which the bill rested, lie ha i no doubt
and harmonizing as it did with the princi
ples til free trade, he should have felt di-po-
sed to have supported it if lie did rto! thinjt,
that the success of this great blessing to tho
industry of iu.ni, would be better promoted
by tin! House refusing to aci on temporary,
partial or sectional ameliorations of tin, ru-i
strictive system. He ha I no faun m those,
polities in wInch there was no jsdiry, and'
still less, however highly he respected their,
motives, in those dalesmen who, to be con- .
sistent in appearance, are eternally uieta-.
physically right, and prueiicaily wrong, lie,
was willing himself to postpone a small gooff
for u lime to accomplish in the end u great-,
or.
We all know how the Tariff was passei^
in its fell swoop embracing till interests.—;
Do not, therefore, let us begin by partial re
medies; if wo commence in one section if •
the Union to take off it* burdens, wo shnW
end where we begin. Our onlv security fop
a coumiou participation of ull.iutlie bene
fits ol a repeal of this odious system, is tlie
common suffering of the various members
of this Union, which is infinitely morn likely
than nu aivstruct case of justice to procure
relief.
It Ls true, that the Tariff was ro ictcd duT
ing the strife lor tltj Chief Magistracy of'
this Republic, and equally true tlnu we have
been justly tebuked by a British minister in
hia place id Parliament, for permitting thirj
measure to be governed bv the political cal
culations of thut eveut. The truth of which,
no member of thin House would have the
hardihood to deny. If there w as surli n.
man present, he challenged Inm to come
forward. For tho evils of such legislation-
form tho stipulations of tileor treaties, llnd
die Government done its duty, the Gocirg.n
claimants would linro Imd their property
insioi'od to thorn tnoi'o tlinn thirty yaais a
go.
It could not bo said, that the State of Geo.
had neglected tho use of any means in its
power to obtain rndn ss for it* citizens.—
Mr. 011.mr.n then rend resolutions of the
Legislature of that State, directing the man
ner in wliirli the claims of its citizens should
he proven, and demand made of tho Creek
Indians. The Attorney General Imd given,
as a reason why intetest should not he al
lowed upon the Georgia claims, that the
property for which they had been paid, Imd
been estimated at double its v.iltto. In this,
ha speaks without authority, nnd most dis
respectfully of tlte character of tho United
States’ commissioners, nnd the witnesses
by whoso otitlta that valuation was made.—
There xvero many other most obvious ob
jections to iho opinions of tin* Attorney Ge j u pnn ships and vessels of the United Stnlps.
ncriil. lie had determined, lor reasons pc i and upon certain vessels; and tho question
uliar to himself, not to urge that stthjcc: ij Iming on ordering it to be engrossed for u 3d
demanded.
They were ordered by the House, and, be
ing taken, stood us follows : —Yens, 94—
Nays, 78.
Ho the bill wan ordered tn its third read
ing, and thereupon, the House adjourn
ed.
Tuuusday, February 5.
Mr. Drayton, by leave of the House, pre
sented a memorial of the Sou'll Carolina
Canal and limit Road Company, praying
Congress to subscribe for two thousand live
hundred shares of the cupitul slock of their
Company.
Mr. Hamilton, from tlie Commitee on Re.
Irenchment, reported a Rill providing for
the reduction of the interest on the United
States’six per rent, stocks and for tho re
demption t hereof.
This hill was twice read, nnd committed.
Mr. Smytli said, that, ns ho had now al
lowed gentlemen sufficient time for reflec
tion and decision on the resolution he had
some time since offered on the subject of u
mending the Constitution of the U. States,
he would now move that it be taken up and
acted upon ; and oil this motion lie demon
(led the yetis and nays :
These were ordered liv the House, and,
being taken, stood as follows: Yen* 9t>, Nays
87.
So tho House agreed to consider the lies-’
olution.
Mr. Smyth offered tho following amend
ment, and asked the yeas and nays:
“ Strike out the whole of the amendment,
nnd insert the following :
“ No person who shall Imve been elected
President of the IJ. Slates, shall be again
eligible to that nlli -e.”
The Speaker said tlte amendment would
lie received ; Iml ns the hour had elapsed,
it would lie on the table till to-morrow.
TONNAGE DUTIES.
The House then proceeded to the consid
eration of the lull to repent the tonnage du
ty on vessels, which was ordered for u third
rending to-day.
The question was upon the third mailing — — ... -
of the bill. On n division, there appeared i tbe country called loudly fur redflte^ . Will
ayes 81; before, however, tho nues were j this House reader this retributive just!
counted the suffering ? If they will, let us move on
Mr. Moort, of Alabama, asked for the yeas i nnd lift the incubus that is paraliziug the
and nays. j best industry of the w hole country. Do nof
Several tnombers exclaimed,” no no.” let us stop short on such nu inconsiderable
Mr..Ifooiii contended, that tho negative 1 itom as tonnage; let us t aise the weight from,
part of that proposition not having been all tlte great staple articles of consumption
put, lie was authorized to ask for tho yeus: and let us do our work effectually
and nays. f Depend upon it, we at iho South, s-usjteC$.
The Speaker said, that u member was en- j nt least how this game is to bo played. The.
titled to a*k for the yens and nays upon the j tariff is a very had nff'sir, operating ou some,
decision of the House, on any stage of a inletestc, and a very commendable cotitri-.
question. It was it consiitufionnl right of vance acting upon ctiters. We are not ec
iv hich no representative of the people could I blind ns not to see, that il it) detail its bur-
be deprived. dens can be removed from off the ahoitL.
The call for the yens nnd nnjs was sup- ders ol' one soction of this Union, the sys-
potted, and they were therefore ordered. j tern is fastened upon another by a law, the
any further. His colleague [Mr. Wit.nr]
had performed that duty in the most satisfac
tory mniniPf.
The third class of claims rejected, Mr. G.
said, was that for tho increase of those !'"
male slaves, (vim had been taken by tit"
Creek Indians from (tin citizens of Georgia,
and not restored according to tho conditions
of their treaties with that Slate, and those
with tlie United State*. These claims were
founded tit that principle of lavx, by whiol
This stipulation of that treaty Imd been pres-1 11,8 inane of female property followed the
spd upon the House with us full weight by
his colleagues nnd other gentlemen. It was
not his intention to say tiny tiling more up
on that subject, lie was desirous of show
ing lo the Committee, that the provisions of
the treaty of New York ought not to affect
injuriously tlie claims of the citizens of Geor
gia. That treaty, lie said, wits perhaps, the
first act of the United Slates’ Government,
which usurped power which properly be
longed to the States. It was so considered
toad taken care that this Government should [ at tbe time. The first voice heard in the
not, in uuy event, pay more than two hun-1 Congress ol the United States against the
died and fifty thousand dollars, and with a I
iurtber beneficial proviso, that whatever
Rum should he found due, might be paid in
live aitttuul instalments, and without inte
rest.
Mr. G. observed, that if tbe view be bad
taken of the contract between all the parties
was correct, be thought there could be no
difficulty as to the disposition of what should
rouiaiti of the two hundred anil fifty thou
Baud dollars alter satisfying all Urn Georgia
olunnants.
Mr G. eiiiJ, that he would preceed to
ahnw that the United States’ Government
had not done justice tothe Citizens of Geor
gia in its adjudication of lltoir demands n
gainst tho Creek Indians. They had beeu
told thut they should be satisfied, because
that adjudication was made by Hit arbiter
ncroaching spirit of Federal Dominion, was
from a representative of Georgia, in rela
tion to tlte treaty of Nevv-York. By that
treaty, the Government of tbe United Htate-
guaranteed to the Creek tribe of Indians,
lands which that tribe had previously con
veyed tn Georgia. By it, the United States
obtained from the Crueks a stipulation, that
they would hold tn treaty with Georgia:
And, by tile same treaty, the United States a-
greevl that, if any citizens of Georgia should
attempt to soldo on lands claimed by the
Creeks, such citizens should be placed with
out the protection of the United States, and
punished as tiie Indians thought proper.
Mr G. asked the rtietnhers of the Com-
mittoeto examine that treaty, and judge fur
themselves, whether tho citizens of Geor
gia ought to lose the right to have their in
b
lK v ^
chosen hy themselves. The proper answer juries tedresseil, because compensation was
• 'not provided by it- What right Imd the
United States’ Government to place beyond
its protection, its citizens, who by virtue oi
grants of land made to them by the State of
Georgia, within its own limits, niul in pay
ntent to ikuse citizens for rev olutionary ser
vices, settled on lands which the United
States thought proper to consider Indian
property ? By that treaty, a citizen of the
United Slates might have been burnt ut the
Indian stake, without (he right of rescue by
his Government. It was made, too, by one
Mi'Gtlv ruy, the son of u Tory, and an Indi
an, who fell, by inheritance, the deepest ma
lignity and most unrelenting revenge to
wards tlie people of Georgia. What menus
had tlte people of thut State of making
known to the United States’ Government,
at the treaty of New-York, their claims for
property destroyed? And yet, because of
iln ir omission to do so, a considerable por
tion of the injuries received by the People
of Georgia of the Creek Indians, previous
to the making of that treaty, were to remain
unredressed. Whs it right lor the United
Stairs to take advantage of its own wrong?
The second class of cluims which bail
to which, Mr. G. said, was, that that circum
stance aggravated the feelings excited hy
the injustice done them, especially as thut
arbiter bad gained in proportion to their
loss.
Sir, said Mr. G. this Government never
catt compensate the citizens of Georgia for
the injuries they teceived front their suvuze
neighbor*. Those injuries could not be es
timated in money.
Mr. G. said, that tlie most rigid rules
had been imposed by the Government upon
itself, in allowing the claims of tbe citizens
t.f Georgia. Ifedjd not intend lo my thut
the Government intended thereby to do in
justice to those citizen*. He thought that
the peculiar circumstance under which
those claims had originated had never been
considered by tha Government. Had that
been done, he believed it would have been
convinced that the $250,000 wa* a very in
adequate satisfaction of those claims.
Mr. O then proceeded to say, that, dn
ring the Revoltuionary war, the inhabitants
of Georgia were,.at one time, almost entire,
ly driven beyond its limits, by the Creek
Jndiuos and their allies, At iw conclusion.
state of its mother.
The right of the Georgia rlnimnnts to re
cover the identical slaves they hnd lost, vvns
acknowledged hy all the treaties having re-
ferrenre to that kind of property. The sti
pulation* of u!l thetrealies was, that ihette-
grous taken from tho citizens of Georgia
should bo restored, mill tint that they should
ho pniff for in money. If the Indiana who
were in possession of the issue of the feninle
slaves could have been sued in the Courts
of Georgia, by the original owners of such
female slaves, the Georgia fluinuints would,
no doubt, have recover)
The claimants contend for no right but
what wns sanctioned by the law. The dif
ficulty had proceeded from the iinpossibilitv
of compelling that branch of the Govern
ment which alone had the poix cr of redress
its hands to enforce that right. It was
well known to all the Southern gentlemen,
that female slave property which was own
ed thirty years ago, had yielded a much lar
ger profit than any otlierequal ninnunt of on
pita I whatever. And hence it was, Mr. G
said, that the Georgia claimants, who had
lost such property hy the nets of the Creek
Indians, were entitled to the redress sought
for them.
In conclusion, Mr. G. repeated, that bv
the treaty tit the Indian Springs, the Creek
Chiefs Imd contracted to relinquish a cer
tain quantity of land to the L'. States, o»
condition that it would pay to them9Ci0,000
dollars in money, and satisfy ike claims of
Ceoigia against ttmir u ibu", astimaierlby the
parlies at $260,000, That ti,n value oi’ the
ling
Mr. G Inter took the floor in opposition
to the hill, and went inio >t spoerli of consi
derable length, in which lie contended that
the present duty on touting-' was light, was
collected ut a small t xp-tise to the G worn
ntent, and had I, ss chum to lie remitted,
than aim ist any other, tinder which die peo
ple were laboring. He compared tin: a-
inount of the duty v. i-li the largo sums appro
printed for the benafitof navigation, in tin'
improvement of harbors, erection of fliers,
ligltt-honses, &c. and expressed bis unwil
hngness to remit any of the existing duties
until the public debt should be paid, when
all the burdens of tun country ought to be
light nned.
51 r. Sprague rose in reply, and defended
the hill with much zeal, denying that either
the light it ess oil lie duty, or its being collect
ed at a small expense, was any valid reason
why it should not he repealed, if onorott*
and'lijurous in its operation. He stated the
present condition of the navigation interest,
and the severity wiiti which tlte duty o
perated ; especially on that portion of it,
encaged in the coasting und West India
trade. He deuied the principle that a pm
tiruhir branch of industry was not to he re
lieved, unless its returns to government ex
c.-edecl the sums laid nut for its benefit ; d> -
nying, .' the same time, that the sums ex
pended mi hai hors, piers, and light-houses,
were chargeable on the navigation interest.
They were for the benefit ol commerce, aim
ul'imiitely for that of agriculture and inatiu-
file'urns. When other duties Imd been re
mitted, that on .shipping had been continued.
He went into n particular statement on the
-object of the public del)', with a view to
shew that the remission of these duties
would not prevent iluvi debt from being paid
ns soon as the stock should he redeemable.
After an unaticeessful attempt by Mr
Long, to Iny the lull upon the table,
Mr. Gilmer rejoined with considerabl
warmth, insisting upon tlte ground he Imd
Mr. Williams moved that the lull he recom
milled to the Committee of Ways ii Mean*,
w uh instructions to consider tlie expediency
of including within its provisions, a clause
to repeal the duty ou salt imported tutu the
IJ. 8. Mr. Williams concluded, by asking
for the yeas and nays upon his motion.
Mr. BartliU culled for the previous ques
tion.
On n division of tbe House, as to tbe se
conding of the cull for the previous ques
tion, the numbers were, ayes 78, ttues 84.
Tlie bouse therefore rejected the call.
Mr. Martin asked if the rejection of the
call for the previous question did not, uceor
ding to the rules of thu House, Imve the ef
fect of postponing the main question before
the House.
The Speaker said, that it certaiuly would
have such effect, if the rejection was upon
the call itself in the first ittstnuca ; but the
present rejection was tipou the question of
seconding the call.
•Mr. Dong proposed that the (.’ouitni’.toe
of Ways and Means should include also, in
die bill they were instructed lo report, a
clause providing for the abolition of thu du
ties nit molasses imported.
Mr. It'illiains accepted tlte proposition as
a modification of his moiiou.
Mr. Marlin said that the question a3 to
the propriety of reductug tha duii»s ousalt,
had nipre than once been brought bofi.ua tho
House. There was no single question of
taxation in which the people of tho United ) object. It
States were more deeply and sensibly tutor i ftl| d Moar. :
law of necessity as fixed and eternal ns fate.
A hundred thousand dollars taken oti" ut
tonnage this year, half a million ott'of lens
the next, three millions the year after front
hemp, iron and molasses, and n t-erninble
Ibr tint surplus in the Treasury would
dor the Tariff on the interests of the HouV
niimitigated aad perpetual, for its operation
to meet even the tardy exigencies of the pub«
lie dobt wonld ho thrown ou those great sta
ple urticlos of British manufacture, cotton,
ivolllen and hardware, which form the very
means and resounzes for thu purchase of the
products of our industry. No, let us go-
baud and hand in the groat work of retribu
tion, i.ncl extend tin equal nad exact justiofc.
tn all. He was willing now to commoRi:**!
hut ho was not prepared to start u siagfe-
shuat until all tho down baulj were ready..
ati.J still leo* wa* ho prepared to permit'
others to escape out of a snare izomowhat
of their own laying, whilst tho people hi
represented were ninnarlejj nnd opprussev-
iit almoot hopeless injustice There was ut
least sumo consolation iu smuggling in cofu-
mou suffering*, if by cczmor, efforts evil's-
ware to ba removed. I'ya would theretoru
Yltiry cheerfully voto I'/,- tho hill, if, in addi
tion to the ntnaad’/touts, an amendme.'il
which ho had prepared vvus adopted.
['Yh* Sp»nk<*r informed Mr. LI. that bis
auietidnient wo'/ld not uo.v be in order.]
Mr. II. thru seat, he would reed hio ft'*
aiandiuont fovtlie purpose of indicating his
ms, that the Committee of Ways
I.mild ho instructed to report u
sli d There was no impost more huavilv reduction of tho duties also on all cotton nnd
oppressive, nr whose effects were more itu-1 Woodezi goods, on all arlii les lUunutac-
inedmtely felt, than upon that urliclo, v> hich luvod, trout iron. To which he wns willing'
w a*an absolute aud iudmpousible uocc.vtary | lo i ,dd nuy or all other articles which gentle*,
of life. Tho subject of us roduotioa oy 'jn,*u might suggest, on which a single con-
abolition had been several times subutUrjdSuuiur paid ati unjust tax.
to that House duriug tho hist sesaiou ; hut I Mr. Sergsimi loilovved in vindication rtf
it hnd been invariably evaded ho belt sved I thu bill, audio opposition to iho various n-
by certain gentlemen on that floor, \v'oaup-| uieudmeots which had been proposed toil
peared ns if they were uot disused to. tueot
lie question. Perhaps it was runviucl.ari
table on his part lo infer, that nouzo ,8tato*
were anxious lo keep up the high t /yiro of
salt,on account ot being extensively con-
erned in the manufacture of that commo
dity. lie repeated t-ltut that tax bore more
heavily upon the community generally than
any other ; a very large proportion, he was
not estimating too highly, when he sunt
nineteen-twentieths of the 'people xvtts af
toil hy it. It whs not ho xvover, bw inten
tion to discuss the subject then; lie wished j
A groat evil of tho taiitf, of which so much
had been said, was, that too many things-
were heaped together in a utasa, on which
duties were imposed hy the provisions of
that bill; and uovv the sauna error vvu* **
he repeated, by repealing those digt-es i„ a
similar mass. The uaieudineuta to in/bill
before the House, went U> in'; c jy t q e 1U1 .
posts on salt, tea, u»;. V< cottOD and
woollen guo< c, hard-ware—a sweeping
tue.uiut'u q’jje avowed object of the
SS 0 '. ju.'.uti front South Carolina, (Mr. Ham-
Ltoi'^jwns to incorporate the whole of the
the debate upon it postponed until thu*>| tvffj'j,, the bill for the repeal of tbe tonnage
gentlemen who lolt inclined to suucliop tl> „ i duties, for tho purpose of getting rid of those
onttnuance of the d'zty might prepare '.neir I provisions of il, which were the most oh-
lands relinquished hy the Lillians, was rou- Ins views.
arguments in stip|«>rt of ihoir ii„
(Mr. Martin ) sh wild he l.app-; Uj heni / t |, oaB
arguments adviced; for Vuey would, if con-
' ,n,-ln «' 1 ": I'wfertU :,ov /.] to him. For the
purpose winch l»- 8 Ua.,, then expressed, lie
fri ivea u* t', 4 Q consideration of tlie pro
posiiK.n ot gentleman from North Caro-
ht’b, (Mr. tVilliatns,) and the lull until Mou-
formerly tak' i', nnd pressing v arious const t day
derations in illustration and coidirituiic;n ol 111r. Kremtr asked his friend from South
sidered by them as worth 450.000 dollar
tberuLiy making the consideration teceived
by the United States for its contract to pay
the einzt'iis of Georgia equal to the sum of
250 000 dollars. That the United States
having the power to adjudicate tlte claims
of those citizens, hud circumscribed them
within such narrow bounds, that the larger
portiou of the fund appropriated by the In
dians for tlteir payment, had, instead of he
mg applied to that purpose, gone into the
Treasury of the United States. That it was
inconsistent with her character as an nrhi
ter, and still morn with her national charac
ter for justice, to deprive Iter own citizens
of a fund which hud been appropriated ft
the payment of losses sustained by them,
under circumstances of peculiar hardship,
and occasioned partly, too, by tho neglect
or want of power in the Government to
protect them. He, therefore, confidently
trusted thut the Committee would support
besn rented by th«j lioyerijuteijt^ coo^jst^d I th'J ration ojf hia colleague, and fftKcnniua
Carolina, to withdraw his motion fora m»-
ment, to enable him to offer another amend
ment to the hill.
Mr. Martin consented.
Mr. Kenner then prososed that tbe Com
mittee of Ways and Means, Ik? instructed
to iueludB in the bill, a provision, to abolish
the duties on sugar, tea and t offee,
Mr. Williams could hot aweept that modi
fication.
Me. Kremer then rnovbd hie proposition
as an amendment.
Mr. Marlin hIro renewed his motion to
postpone the subject until Monday.
Mr. Gorham supported tho bill und appo
sed tlte ninen .'tmeiit to repeal the duly upon
salt. II" entered into a long detail of the
advantages which the measure would afford
to the rlevigating interests of the Union.—
He aljuded, also, to the various operations
ol Vhe late tarifl’hill; and argued that New
England in particular, and the North in ge-
Mr. G. having com luded, M.i . S.pricere
moved to lay llm bill upot) the table, *n
which motion Mr. Reed demanded tho y us
and imj«, and they were ordered by the
House.
The Chnir then proclaimed the result of
the vote, on laying the tonnage toll upou the
table, by veas <Si mtvs, us follows :
Yens. 82 — Nays. 92.
So the House refused to lay thebillupon
the table.
Mr. Reed (lien took the floor in Hiqqtort of
the bill, aud delivered a short speech, con
sisting, for the most part, of statements of
fact, intended to show tlte burdensome im
lure of the tax,& the advantage of repealing
it. Tbe further debate was arrested by a
motion fur tho previous question, which was
made by Mr, Long, and sustained by the
House.
.Shall the main question now lie put ?
which being carried, tbe lUaip question wan, literal, were the cradle nnd nursery of the
pub ae follows: f U. Suites Navy, ami furnished those vessels,
noxious to him and bis constituents. II&,
Mr. Sergeant, called upon all those goutlc-
muii upou that floor, who xvere I'lieuUW
to the protection of domestic industry, to
prevent the passage of such a uiorvsure-—
The honorable gentlctuun concluded, by
tnaiutainitig in u luotig argument, in tbe
c.ourst; of which, he introduced a variety
uf statistical details, that the repeal of the
tonnage duties would ho attended with be
nefit to the Southern Status, ns well as tv
the other sections of the Uttkm, aud tbe
community in general.
Mr. P. P. Barbour said, that lie did not
rise for the purpose of prolonging the dis-
cussiott, which liad been o|^*ned aud gone
into at length, in reference to tlte tariff o
might be, that the relief of the navigating
interest alone xvas proposed In the bill be
fore the House, but he could not helj> re
marking, vn reference to the great streoi
which bad been laid on tbe circumstance
that tho advantages contemplated would tto*
he derived bv the shipping* interest, but by
the owners oi - the articles which were traits
ported. A long argument had he«tt goo»
into, that the public treasury could span
more than one hundred thousand dollars
revenue, upou the calculation that, alter tb 1 '
expiration of the two ensuing years, no P or ’
lion of the public debt, then redeems!) e ,
would remain unpaid. The gentlemen
observed, had only proved part of tbe pff*
ntisee, by w hich they arrived at their cnncTfl