Imágenes de páginas

country may be prohibited by law; which was re- of the Legislature of Pennsylvania upon the same

CONTRACTS FOR DRY DOCKS, ETC. ferred to the Committee on Foreign Relations. subject, which resolution expresses a determina- The Senate proceeded to consider the resolution

Mr. SMITH presented a petition of citizens of ' tion to persist in the suit which has been institu- submitted yesterday by Mr. Brodhead, in relaWaterbury, Connecticut, praying the construc- ted. lagree with the honorable Senator from Vir- tion to contracts for dry docks; and the resolution tion of a ship canal around' thé Sault Ste. Marie; ginia, that the question is a very important one, was agreed to. which was ordered to lie on the table. and I therefore hope that the Committee on the

MESSAGE FROM THE HOUSE. Mr. JAMES presented a petition of journey- || Judiciary will give it very great consideration. I men cigar makers of Providence, Rhode Island, move that these resolutions be read, printed, and

A message from the House of Representatives praying an increase of the duties on cigars; which referred to the Committee on the Judiciary.

was received by Mr. P. Barry Hays, Chief Clerk, was referred to the Committee on Finance.

The motion was agreed to.

announcing that it had passed a bill for the relief Mr. DAWSON presented the memorial of Cap

of the heirs of John Jackson; also, a bill for the

PAPERS WITHDRAWN AND REFERRED. tain L. McLaws, of the United States Army,

relief of Gustavus A. De Russy, late an acting praying the difference between the pay of a lieu

On motion by Mr. BRIGHT, it was

purser in the Navy, and requesting the concurtenant and that of a captain in the siaff, the duty

Ordered, That the petition of John Spencer, on the files rence of the Senate therein.

of the Senate, be referred to the Committee on Public of which he performed; and the same additional

The above-named bills were severally read a Lands. compensation for the time he served in New Mex

first and second time by their titles, and referred to ico as was allowed to officers in Oregon and Cali.

On motion by Mr. SEWARD, it was

the Committee on Naval Affairs. fornia during the years 1849, 1850, and 1851;

Ordered, That the petition of Elisha W. B. Moody, on the files of the Senate, be referred to the Committee on

MILEAGE OE THE DELEGATE FROM OREGON. which was referred to the Committee on Military Commerce.

Mr. BRIGHT. I desire to ask leave of the Affairs.

REPORTS FROM STANDING COMMITTEES. Senate to take up the bill regulating the mileage of Mr. BRIGHT presented a resolution of the

Mr. WALKER, from the Committee on Revo

the Delegate from Oregon; and I move to suspend Common Council of the city of Jefferson, Indiana,

the order of business that the Senate may take communicating information in relation to the Lou- lutionary Claims, to which was referred the me

up isville and Portland Canal; which was referred to

morial of Avery Downer, asked to be discharged that bill.
from the further consideration of the same, and

Mr. CLARKE. the Committee on Ronds and Canals.

I beg leave to suggest to Mr. DOWNS presented a memorial of underthat it be referred to the Committee on Pensions.

the honorable Senator from Indiana, that the writers of New Orleans, praying the enactment of It was so referred.

honorable Senator from North Carolina, (Mr. a law to prevent needless detentions and expenses

Mr. HAMLIN, from the Committee on Com- || MANGUM,) who made the motion to lay this bil in proceedings in admiralty; which was referred merce, to which was referred the memorial of sun

upon the table, is not now in his seat, supposing, to ihe Committee on the Judiciary. dry merchants of New York, praying for correc

as I believe, that the day would be appropriated Mr. FISH presented a petition of passed midtion of errors in the practice of the Warehouse

to the consideration of the private bills. I have

an amendment to offer to the bill in regard to shipmen in the Navy, praying that a separate grade i laws, asked to be discharged from the further con

mileage when it shall come up, but not supposing ! may be established by law, with an increase of sideration of the same, and that it be referred to pay for that class of officers; which was referred the Committee on Finance. It was so referred.

that it would come up to-day, I am not now preto the Committee on Naval Affairs,

Mr. FOOT, from the Committee on Revolution-pared to offer it. I hope, therefore, that it will not

be taken up, but that the day will be devoted to Also, a memorial of Henry Grinnell and others, ary Claims, to which was referred the memorial of citizens of New York, praying that another expeCornelius Oakley, reported adversely thereon.

private bills. dition may be fitted out io search for Sir John

He also, from the same committee, to which

Mr. BRIGHT. I shall not insist on my moFranklin; which was referred to the Committee on was referred the petition of the representatives of tion if any Senator objects, saying he has an Naval Affairs.

Henry King, praying compensation for services amendment to offer; but I had hoped that this Mr. BRADBURY presented a memorial of as- rendered by him in the war of the Revolution, sub

measure would not be embarrassed with amend

ments. mitted a report, accompanied by a bill for their sistant marshals for taking the Seventh Census in

It relates merely to the mileage of one Somerset county, Maine, praying additional com. relief; which was read and passed to the second

gentleman, General Lane, the Delegate from Orepensation; which was referred to the Committee reading. The report was ordered to be printed. gon. I am sorry that he is singled out and folof Claims.

Mr. GWIN, from the Committee on Naval Af- || lowed with such' opposition. It presents a norel Also, sundry documents in relation to the im- | fairs, to which was referred the memorial of Jas. case, and I am entirely unprepared to meet it. !

cannot divine in my own mind the reason why it positions practiced upon passengers by steamers Glynn, praying to be reimbursed moneys lost to California; which were referred to the Commit- while in his charge, submitted a report, accom- is so. However, if the Senator has an amendtee on Commerce. panied by a bill for his relief; which was read and

ment which he desires to offer, not general in its

character, but intended to reach the case of GenMr. HAMLIN presented a communication passed to the second reading. The report was from citizens of Brunswick, Maine, complaining ordered to be printed.

eral Lane alone, I shall not object to allowing the

bill to lie over. of the treatment received by passengers going to Mr. JONES, of Iowa, from the Committee on

But if he intends to offer an and from California; which was referred to the Pensions, submitted adverse reports on the follow- amendment bringing up the question generally as Committee on Commerce. ing petitions, which were ordered to be printed:on

to the equalization of the mileage of members, I Mr. FELCH presented two petitions of citi- the petition of Abigail Brown, the widow of Eb

shall object. zens of Michigan, praying a grant of land to the enezer Brown; on the petition of Nathaniel Mother

Mr. ČLARKE. I have an amendment to offer,

which is not of a general character to be sure. If State, to aid in the construction of the Oakland head; and on the petition of Esther Scollay. and Ottawa Railroad; which were referred to the

He also, from the same committee, to which

it is the pleasure of the Senate to take up this bill, Committee on Public Lands.

was referred the bill for the relief of William Be- I will prepare that amendment and offer it to-day,

dient, late a sergeant in the fourth regiment of but I should be very sorry to see to-day consumed WHEELING BRIDGE. Artillery, reported back the same without amend- in the discussion of this bill in preference to pri

vate bills. I hope the bill will be suffered to lie Mr. HUNTER. I present the memorial of ment, accompanied by a report; which was ordered

gislature of Pennsyl-
o be printed.

until Monday, and then I will be ready with my

amendment. By pursuing that course the private opinion, is not such an obstruction to navigation to which was referred the memorial of the widow

bills before the Senate will not suffer. It is of as to make it a nuisance, and praying that Conof William Riley, asked to be discharged from

very little importance whether this question is setgress will protect it. I have no doubt that similar the further consideration of the same, and that it

tled to-day or Monday. I hope it will not be movements will be made in portions of the States be referred to the Committee on Revolutionary

Mr. BRIGHT. As I do not wish to interfere of Pennsylvania, Virginia, and perhaps Ohio, Claims; which was agreed to.

with the private business which is set apart for calling upon Congress to protect this bridge, by


this day, I withdraw my motion. making it a mail route, as, according to the opinion of the Supreme Court, might be done. This | asked and obtained leave to introduce a bill to inMr. SEWARD, agreeably to previous notice,

THOMAS H. LEGGETT. is one of the gravest and most important commer- corporate the Sisters of Visitation, of Washing; Committee of the Whole, of the bill for the relief

The Senate resumed the consideration, as in cial questions that has ever been raised by the de

ton, in the District of Columbia; which was read cison of that or any other court, for it involves

of Thomas H. Leggett. nothing less than a question as between the rights

a first and second time by its title, and referred of those who prosecute commerce over navigable to the Committee for the District of Columbia.

Mr. SEWARD. This is a bill which has

been reported from the Committee on Commerce, streams by bridges and railroads, and those who SALARIES OF DISTRICT AND CIRCUIT JUDGES. for the relief of Thomas H. Leggett, survivor of prosecute it along the water line in boats and ves

Mr. COOPER submitte the following resolu- | the firm of Thomas H. Leggett & Co. The facts sels. If I am correctly informed in relation to tion for consideration:

are contained in the report, which I ask may that decision, it will be left to the pleasure of that


Resolved. That the Committee on the Judiciary be incourt to say whether the bridges which are erected structed to inquire into the expediency of increasing the

The Senate read the report, a synopsis of the by all the States, not only over rivers which pass salary of the district judge of the United States for the contents of which has already been published. through more than one State, but over rivers which eastern district of Pennsylvania, so as that it shall hereafter Mr. SEWARD. This case can scarcely be flow entirely within the limits of one State, are to be the same as that of the district judge of the United

submitted more simply or more fully than it is States for the southern district of New York. remain or not. These are some of the gravest questions certainly which could be presented, and

Mr. RHETT submitted the following resolu- i present it more distinctly in a few words. Thomas

stated in the report; but I will, perhaps, be able to involve a jurisdiction which, I must be here pertion; which was considered and agreed to:

H. Leggett & Co. were, in the year 1828, mermitted to state, a Marshall has refused to take and Resolved, That the Committee on the Judiciary be in- chants in the city of New York. This firm, in a Taney has pronounced a grave error. I move structed to inquire into the expediency of increasing the

the fall of 1827, made a contract for the manu; that the petition be read, printed, and referred to the salaries of the circuit judges of the District of Columbia.

facture of certain goods in England to be delivered Committee on the Judiciary.

RECESS. The motion was agreed to.

On motion, it was ordered, that when the Sen- $6,786. In the month of May, the tariff act of Mr. BRODHEAD. I have the joint resolution ate adjourns it be to Monday next.

1828 was passed. The duty on these goods was

vania, stating that the wheeling bridge, in their M. PRATT, from the Committee of Claims,

taken up.




raised so much thai it amounted to the sum of commend itself either to my judgment or to my whether these goods were consumed in this coun$35,467, being within $1,319 of the entire cost of sense of what is right on the part of the Goveru. try; and he gave an affirmative answer. Now it the invoices. The duly under the previous act

I will briefly state again the peculiar facts seems to me, that when the importer brought would have been $2,200 only. The goods were of this case. These importers were merchants in goods here and paid the duty, he must have ins hipped within three or four days after the passage the city of New York in the years 1827 and 1828. demnified himself by putting the duty upon the of the act, before the news of that event could have They contracted in Liverpool, in the fall of 1827, price paid for the article when it was sold. If he been received in Liverpool, or before the order for for the delivery of invoices of goods, among which has done that, and obtained his indemnity in that the goods could in any way be countermanded. was an article called “bocking baize," and their way, it would be strange if we should pay it to

The petitioner, under these circumstances, applies contract was, that these goods should be delivered him again. If he brought the goods here, and for relief. It appears that Congress has in a simi- | in the spring following; that is, the spring of 1828. found a change in the tariff law, it would be very lar case, that of John F. Lewis, in 1836, refunded Congress, in the month of May, 1628, revised the strange indeed if he would not put on the enthe difference between the duties under the difier- | taritt. By the tariff, as it stood at the time the hanced price resulting from the increased duty. I ent tarilis, under similar circumstances.

contract was made, the duties, when levied, would think a merchant would hardly neglect doing that, Mr. HUNTER. I hope that this bill will not have amounted to $2,200 50, while the cost of the hence it strikes me that he must have been indempass. Although, perhaps, an isolated act may be articles in Liverpool was $6,786 15; so that the nified for the increased duty which he had to pay. found to have been passed, involving the same duties, at the time the purchase was made, were I am not prepared to say that importing merchants principle as this, I apprehend that if we could | about one third of the cost of the articles. By the should not always risk the legislation of the coun: trace the history of petitions of this kind, we revision of the duties tben imposed, the effect of try. I do not know that the basis upon which would find that they have been almost unan- which, and of course the design of which, was to this gentleman asks relief ought to be conceded. imously refused. I know that since I have been prohibit the importation of these articles, and to I do not know that we ought to change our legisa member of the Committee of Finance, to which induce the manufacture of them in this country, | lation, because an individual may say that he such petitions have been generally referred, it has the duties were raised fifty per cent., and amounted made a contract for goods in a foreign country, been the invariable rule to reject them. And if | when the goods were received, to $5,467; being and expected to have them entered at the customI am not mistaken, this petition has been several within $1,319 of the cost-in other words, about house here, under the old law. It seems to me times referred to that committee, and they have four fifths of the cost of the invoices in Europe. that the Government cannot act in its legislation refused to act upon it. When we come io con- This lariff act, which, was passed in May, was on views of that sort, although it might be well in sider the nature of the application, we shall find directed to take effect on the 30th of June follow- \ passing a tariff law, to let it go into operation that it would lead to innumerable demands upon ing. Pursuant to the original contract, the goods prospectively, with a view to provide for such the Treasury Department-demands in which, if were shipped from Liverpool within three or four

But if the Government has not chosen to we are to take the decisions of Congress; and the days after the passage of the act. Being so shipped postpone the operation of the law, so as to give the legislation of Congress, there is no equity, at least they arrived here just three or four days after the merchant notice—which I admit would be in genno such equity as would ever induce the Govern- act took effect. There was no possibility of antici- eral a good rule--and has allowed the act to go into ment to grant them. Why, it must be remem- pating such a change. There was no possibility of operation immediately, it is most manifest that a bered that if we pass this bill, we shall have to go | giving notice to rescind the contract, or preventing merchant, whose goods arrived in the country back to all the cases which have occurred under the exportation of the goods from Liverpool. under the increased rate of duties, would indemnify all of our tariffs, for in none of them has there They came here in time to be subjected to the in- || himself by increasing the price of the goods. In been a provision for those cases in - which the car- creased duty; and by that change in the policy of that point of view, it seems to me, according to the goes were ordered before the bill was passed. In the Government the importers lost some $3,000. information communicated by the Senator from ihe tariff act of 1842, it was especially provided, || It is said that there is no equity in requiring the New York, this individual must have been already that it should take effect upon its passage; and I Government to pay damages which result to its indemnified. know that it was one of the arguments against its citizens from the change of its laws. I agree that Mr. HUNTER. The Senator from New York passage-for I was then a member of the House of it is the duty of every citizen to know the laws of | says that my argument is, that if we pay the claim Representatives—that it would operate with hard- | the land; but in making laws affecting revenue, in this case, we might perhaps pay many more ship upon outstanding cargoes, upon ships having such as laws for the imposition of duties, there is equally just. Not at all. My argument is, that cargoes brought over under orders which had been an equitable obligation on the part of the Govern- | if we attempt to do justice with the imperfect inmade before the passage of that tariff act. The ment to give reasonable notice of the change of the formation and imperfect means which we have of matter was then argued and considered, and Con- system of revenue before the law goes into effect. ascertaining what the case is, in the attempt to do gress determined that that was one of the risks In all the tariff acts except one, this timely notice | justice in one case we may perhaps do injustice to which the merchant had to take in the prosecution has been given. The tariff act of 1832 was passed the Government in sanctioning a hundred frauds. of his trade. Congress then refused to insert any on the 14th of July of that year, but the time at I said also, that we should fail in doing justice, provision in order to meet these cases, and if we which it was to take effect was postponed to the because it would be impossible to ascertain the now begin to legislate on them, how many peti 3d day of March, 1833. The act of 1833 was facts on which these demands were made, even if tions will be sent to us from persons who ordered passed on the 20 of March of that year, and was we were to admit the principle which Congress has cargoes before the passage of the act of 1842, and declared to take effect on the 31st of December, heretofore refused to admit, that we are bound to had to pay duties under that act?

1835. The act of 1846 was passed on the 30th rectify all the losses to individuals which may We should bave thus to reverse the whole policy | day of July, but it did not go into effect until the have been occasioned by our legislation on the of our Government in relation to this subject; and first of December following.

subject of duties. Congress has determined that not only that, but we should open the door to in- Mr. RHETT. Will the Senator state when that is a risk which ihe merchant must take. numerable frauds; for observe, this case goes be- || the act of 1842 went into effect ?

Whether they decided rightfully or wrongfully, I hind the tariff of 1828; and if this be a good case,

Mr. SEWARD. The act of 1842 went into | do not now pretend to say; nor is it necessary for every demand which is based upon a similar prin- effect immediately, as the honorable Senator from me to say. If the subject was brought up at the ciple, either in relation to that tariff any other, Virginia has stated; and it is suggested to me that time when the transaction was recent and fresh, may be presented here, and we shall have to act the reason for that was, that at the time it was when everybody was informed in relation to it, the upon it. It was suggested on a former occasion, by passed it was supposed there was no existing rev. claim might have been allowed if it was thought a Senator, that if there be equity in returning to the enue laws in force; and therefore that case was an that justice required it. But if they postponed it, merchant duties which he has had thus to pay be- || exception. As I have said, it is the duty of the and at this late period of time we come to act upon cause he ordered goods before the legislation under citizen to take notice of the laws of the land, but an isolated case, we cannot do justice. What is which they were entered, would it not be a good it is not the duty of the citizen to take notice of the evidence in this case? How do we know that rule to work it the other way, and say that those | the laws before they are passed; and he has an these goods were ordered beforehand, and without goods brought in under the tariff of '1846, when equitable and just claim upon the Government if a knowledge of this legislation? I suppose there the duties were reduced, ought to pay under the they levy assessments which shall affect contracts is no other evidence as to that than the words of tariff of 1842, under which they were ordered ? | which he has made without giving him adequate the importer. How do we know that he did not Why would not that be a good rule?. Because it time to provide for a change of his business so as remunerate himself, if not for the whole, at least would be impossible to ascertain exact justice in to meet the change in the policy of the Govern- || for a portion of the duties, by the additional price these cases or the precise state of the facts. It As I have said, an act like this has already which he charged the consumer? How can we would lead to more mischiefs, to more frauds, been passed, and the principle of that act is the ascertain that? And if he did put on the addimore difficulties, than we should ever remedy if we same as that involved in this bill. It is now a long tional price, as suggested by the Senator from should attempt to legislate upon this subject. I am time since the year 1828. If this consideration Kentucky, surely he ought not now to have free to say that, in relation to the tariff of 1842, I addresses itself to the Senate, then I will say that this money returned to him by the Government. would have voted for any provision which gave the there is no reason to apprehend a great number of How can we undertake to act upon the princimerchant notice; but such was not the pleasure of applications of this sort; and if there were, justice ple, that when the interests of a private individual Congress; such was not the action of the Govern- would require that they should be considered and have been injured by general legislation we will ment. They determined that they would not; and disposed of upon principles such as would prevail ascertain the amount of his damages and remuner. I am not now for opening the maiter in this piece between private individuals.

ate him? Why, there was a large class of persons meal way, when it cannot be remedied, but when Mr. UNDERWOOD. Were the goods con- in this country who believed that they were init may lead to very great and serious mischief. I sumed in the country?

jured by the passage of the tariff act of 1842, who hope this bill will not be passed; for my word for Mr. SEWARD. 'They were. The cost of the planted large quantities of cotton, expecting to get it, if it is passed, you will have numbers of such | goods was $6,786: the duties paid upon them more than they did get for it under that tariff, and cases presented for consideration.

amounted to $5,467. It is a difference more than upon whom that financial measure came with alMr. SEWARD. It seems to me that the ob- | $3,000 between the duties existing at the time the most ruinous force. Are they to come here and jection of the learned and honorable Senator from contract was made and the duties the parties paid say to us, We lost so much by your legislation: Virginia amounts to just this: If we do justice and when the goods were entered.

we planted so much cotton, and would have had equity in this case, we may be called upon to do Mr. UNDERWOOD. I wish to make a sug- such prices for it but for the tariff of '42, and thereso in some other cases. That argument does not Il gestion. I asked the gentleman from New York, ll fore we claim indemnity? Are any class of per


But is this

832 00
245 00

569 00

sons to come here and say that our general legis- instance in the operation of the tariffs of 1842 i general legislation seems to have been sufficient lation has inflicted this or that pecuniary damage and 1846: Suppose an individual--as many un- for the relief of the agricultural interest; and I am upon them, and claim relief? I'f we once open the doubtedly did-ordered goods under the tariff of for leaving the settlement of accounts between the door to inquiries of that sort, it will lead to innu- 1842, and did not introduce them into the coun- Government and merchants, and other operators merable frauds. I say it is the duty of the Gov- try until the act of 1846 went into operation, in the same mode and measure of relief, and would ernment not to embark in any system of legislation which greatly reduced the duties: would he, withhold special legislation, particularly in oid which will perhaps lead them into the practice of would any reasonsble man, have come forward cases like this, the precise merits of which the a hundred frauds, without in a single instance ob- and tendered to the Government the difference Senator from Virginia has very clearly shown cantaining justice.

which he would have had to pay under the tariff not be ascertained, especially' at so long a period Mr. ŠEWARD. The argument of the learned of 1842, while it was in force, and that which he , after the transaction has taken place. yentleman now is, that there may have been no actually did pay under the act of 1846? If we are Mr. RHETT. Mr. President, the position loss sustained. It will be found, on looking at the to legislate in this way, equity requires that if we taken by the Senator from New York is, that the documents accompanying the report of the com- pay back to an individual any excess which he petitioner has lost money by the operation of our mittee, that such is not the fact. "Document No. had to pay in consequence of the tariff being tariff laws. If the principle is good, I think it wij 3, shows that a heavy loss was sustained. I will raised, we should also exact from individuals the apply to most of our legislation. It is next to inread from that document:

difference between the amounts which they would possible to make a law that will operate equaly ! “ Fourth question.--Did the goods sell for protit? have had to pay under a tariff in operation at the upon all classes and all individuals in the country,

* Answer:-No; but a heavy loss. It would have been time the goods were ordered, and that in operation especially when you interfere with the property if a great saving to have resluipped the goods; but it was gen erally supposed that the duty would be refunded, or they

at the time they were brought to the country. the country. For instance; take the case of making would have been reshipped. The change of duty was Then, taking any series of years in the commer- roads. You set up a railroad: it is immediate's enormous; on some things froin thirty per cent. to two cial operations of this country, the balance would followed by the dissolution and ruin of every turthundred per cent. It was the time of square yard minimum be in favor of the Government, because the tend- || pike and canal that comes within the reach of is duty.” According to document No. 6, the following tions, to reduce the rate of duties. Therefore, in

ency has been gradually, with occasional excep- ' influence; and in this way thousands are ruined. facts were shown:

You set up a steam factory, and those who mamu. the long run, more goods will be found to have facture by water-power may be ruined. A friend “ In the report made to Congress last winter, the committee said that we do business with the full knowledge

been ordered under a high tariff, and come in of mine purchased on the south side of the Arthat Congress has power to raise or lower the duties at

under a low one, than were ordered under a low kansas river, sixty miles of land: we admitted t pleasure--meanins, I suppose, at any moment.

one and come in under a high one. The balance Texas into the Union, and he was a ruined man so? Has Congress ever acted upon or justitied that prin. would be in favor of the Government. ciple? On the contrary, has it not always been considered

It is impossible to lay a tax which does not operate ngit and proper that ample time should be given to the

The honorable Senator from Virginia, (Mr. unequally upon the producers of the country. If mercbant ? otherwise he niight be ruined, as we might have Hunter,] while speaking upon this subject, you lay down the proposition, that, whenever your been, it all our importations had been bocking baize. The brought 10 my mind a speech delivered in the taxation operates unequally, you are to compertwo invoices on which we claim was for twenty-five bales blankets, cight bales bocking, and eight bales flannel.

House of Representatives the other day, and sate the individual whom it affects, in order to put "Since my last, I liave calculated the loss on three bales

which is published, and laid on our desks, in this l him on an equality with all other citizens; then 1: of the flannel, which were all of the same kind, low priced : | morning's Globe; and I think the facts it sets forth is impossible for you to lay a tax, without having First cost in England, £167....

8742 50

present a very strong case in point. The Senator brought before you for legislation, a large class of Duty paid by the new tariff.. Shipping charges, exchange, &c.

from Virginia suggested that there might be a loss claimants exactly like this case which the Senator

sustained by another interest in this country by a from New York has brought forward. If you lay i

$1,819 50 change in legislation upon the subject of duties; a tax upon any particular production, you must . Sold then for...

1,250 00

that there might be a loss to the agricultural inter- affect those engaged in it, and must operate an

est by raising the duties affecting their productions. them injuriously. Thus, if the principle which $369 50

Here is a case in point. Here is a table to which the Senator from New York contends för, be eerLost on eight bales bocking...

$1,460 00

I would call the attention of Senators, which is rect, not only in this instance, but in almost every Lost on three bales flannels.....

very important in this view. The speech to which other instance in which we legislate, affecting the

I refer is one delivered in the House of Represent- material interests of the country, and especially all $2,029 00

atives by Mr. Rantoul, of Massachusetts, in its taxation, must necessarily be followed with a " The amount lost on the finer flannels and blankets it

which he submits a series of tables, showing the food of petitions, to produce what he calls equity would be impossible to say exactly. The amount we claim effect of the tariff acts of 1842 and 1846 upon the under the legislation of Congress. The principle is the diflerence of duty, $3,266.". prices of agricultural products for a series of years. upon which legislation always takes place is this

: Mr. UNDERWOOD. That is the party's own I will not go through the whole of the tables, but The Legislature endeavors to legislate for the good statement,

merely refer to the tables marked A and B, pre- of the great bulk and majority of the people; and, Mr. SEWARD. It is; but it was submitted to sented in the body of the speech. It is here shown although evil must necessarily be done to a portion the Committee of the House of Representatives that the aggregate loss upon agricultural produc- || of the citizens, yet, inasmuch as greater good is twice or three times. Those who know Thomas tions, for a series of five years, under the opera- done to the greater part, the law goes into effect, H. Legirett would have no doubt at all as to the Lion of the tariff of 1842, was $126,340,639. | and, consequently, in all the legislation affecting truth of his statement. I will observe further, that The loss on cotton alone was $89,661,531; the the material interests of the country, it never has these papers were originally submitted to the Com- loss on tobacco was $16,786,197; the loss on been pretended, and it is impracticable to attempt to mittee on Commerce in the House of Representa- vegetable food was $8,519,803; the loss on pro- do perfect equity to those who may suffer unequally tives, when Mr. Cambreleng was chairman. He visions and animal " products was $4,373,108; by the operation of such laws. Therefore the reported a general law; but which was not passed the loss on other exports, estimated in part, broad proposition is not applicable simply to the They were afterwards submitted, at two different $7,000,000; making a total of $126,340,639 tariff, but to all the legislation of Congress; and sessions, to the Coniniittee on Commerce in the Well, sir, if an individual who had ordered goods the application which the Senator from New York House, who reported a bill in favor of Mr. Ley- | under a low tariff, and introduced those goods has supported, it seems to me, ought to fail. geit; and those reports are here. The claim was under a high tariff, has any equitable claim before Mr. SMITH. I do not propose to discuss the first presented immediately after the transaction Congress for relief for the difference between the merits of this bill at any length. It seems to me, occurred. There was a report in favor of it. Then amount he would have had to pay under the one, however, to be an extraordinary case, and one in there was a general law recommended, the parties and actually did pay under the other, would not expecting relief under that general law, when it the agriculturists have precisely the same equitable any principle. It is totally impossible to make a

which we can grant relief without the violation of should have been passed, did not then press their demand for this immense difference between the change in the revenue laws of a country without claim. But they renewed it again before Con- prices they would have received under the opera- | producing some degree of inequality in the operis gress; and it has been renewed in the House of tion of one tariff, and the low prices they actually tion of those laws, and without doing some degree Representatives from time to time. So that the received under the operation of another tariff? I of injustice to this man or the other. In most further argument which was advanced by the hon- | think no one can deny that. But the legislation of cases it would be totally impossible to ascertain orable Senator from Virginia falls; which was, this country, so far as is presented hy these tables, whether the party who presents a claim of this that this claim has become stale, or ought not to seems to be compensating in matters of sort. Thus kind had sustained any serious damage or injury

. have due consideration, because it was not pre- we find that, under the tariff of 1846, which was Considerations, such as were adverted to by my sented in due season.

intended to do justice to the agricultural interest, honorable friend from Kentucky, (Mr. UspekMr. BORLAND. The Senator from New York, which had been greatly depressed under the oper- wood,) would come into view, and it would be I understand, bases this claim upon the ground of ation of the tariff of 1842, the prices of agricultural equity; and he says it ought to be allowed, because productions were brought up; and upon these

necessary to have regard to them in our decision.

And in inany cases, if we could say that there these individuals, under a prior law of Congress, same productions, for another period of five years, had been some degree of injury sustained, it would would have been able to realize much more money there was a gain by the rise of prices, under the be very difficult to ascertain the full extent of that by that commercial transaction than they have tariff of 1846, to the amount of $148,486,274. injury, or determine what should be the measure done under a subsequent law. According to my So the fact is, if an equitable settlement of ac- of relief. understanding of equity, if accounts are settled counts is desired between the Government and its Here is an extraordinary case, Mr. President

, upon that principle, the equity should extend to citizens growing out of its revenue system, it will in which Congress, without giving any sufficient the Government as well as to the individual citi-be, as it has been, most easily and certainly at- notice, or what may be termed an adequate notice zen, whether the parties are entitled to the advan- tained by general legislation. Such legislation, I in point of time, passes a law which is just as intage they would obtain under the operation of am aware, has bee and may again be somewhat | jurious to the citizen as though no notice whatever the principle. Now, have we ever had a claim | fluctuating, but in the long run it will be as nearly before Congress, or does any one suppose that equitable as it will probably be in our power to without available notice to the party, the most

were given. Congress imposes suddenly, and if they had ordered goods under a high trift

, is required to do justice to the parties, or to give will take out of the pockets of these parties sekere! and received them under a low larift? Take an : them equitable relief. In the view presented, I thousand dollars. Now, while I would not iuter

pose in a doubtful or ordinary case, yet when we the revenue laws of the country, and was not wan- revenue acts prospective, is not only equitable but have presented to us a case of this character, tonly passed in a manner to entrap and ensnare just; and that when they are not prospective they where nearly a hundred per cent. in regard to the commercial community, or to impose upon operate as a surprise; and when an act has been some articles, and more than a hundred per cent. them burdens which ought not to be imposed upon | passed which is not prospective it produces a surin regard to others, is suddenly imposed, the party them without due notice.

prise. It may be vindicated, perhaps, upon the having had no available notice, it does appear that Mr. President, I will not dwell further upon ground of necessity. The act of 1842, then, is not the party is fairly entitled to come to Congress for this subject, regarding the case as very extraor- applicable to the present case, because there was redress. Nor do I think that the suggestion of dinary-one, in point of fact, amounting almost no necessity for this act to take effect immediately, the Senator from Kentucky (Mr. UNDERWOOD) is substantially a confiscation of the property of and so as to confiscate the property of merchants entitled to any great weight when he says that the this party by the Government of the United States; which had been contracted for in England a few importer might have added the duty to the price of and entertaining this view of it I am prepared to months before. It is no answer to this to say i he articles; for even suppose he did so, those ar- vote for his relief.

that another act was passed which was made to Licles might remain on his hands unsold. The Mr. DAWSON. I have voted against meas- take effect immediately, and produced similar remere addition of the duties to the original prices of, ures of this kind before, and I have done so on

sults. the goods would not make them marketable. The ' principle. The act of 1842 went into immediate And in regard to the manner in which the claim party must sell according to the market price, and operation. There were all the iron establishments is made, so far as it goes to show that other acts that price will unquestionably be regulated by the of Pennsylvania, and other States of the Union, have operated in a similar manner upon other inrelations of demand and supply, which will with a protective duty of twenty-five per cent., terests of society, I submit that that is no answer. again be affected in their turn by the operations of and with a large quantity of iron on hand- It may be, possibly, that we cannot reach the cases a tariff as it may be increased or diminished. Mr. COOPER." The duty was twenty-five dol- of the oppressive operation of a change of revenue Here the market was made under a low duty, and lars per ton.

laws; it is enough it we can reach this. As I have without any notice, while in this case, before the Mr. DAWSON. The Senator from Pennsyl- | said, the passage of the act of 1828, without giving parties could receive their goods, the law was so vania informs me that the duty was not twenty- | any notice before it went into operation, was unne. changed, and such an exorbitant duty imposed five per cent. on the value, but twenty-five dollars cessary, and it operated as a surprise. as to amount almost to a confiscation of the prop- on the ton; and now, I believe, it is reduced to Mr.' COOPER. If this were a hypothetical erty of the importer.

seven dollars on the ton. The operation of that case, a doubtful case as to the loss sustained hy But, Mr. President, I did not rise for the pur- tariff by which this was done, was destructive to the importing merchant, I certainly should not pose of discussing the merits of this bill at any that interest everywhere within our limits. They vote for it.

But I think the case presented by considerable length, but chiefly to make an expla-, lost immensely by it. Many of the largest fur- this bill is very different from the cases which have nation in regard to the tariff of 1842, for which I naces were closed, and their proprietors ruined. been, or seem to have been, regarded as analogous voted, as a member of the House of Representa- | And what, sir, was the occasion of it? What but by the honorable Senator from Virginia (Mr. lives, as well as many other gentlemen who are the operation of our legislation here and in the other | HUNTER) and the honorable Senator from ArkanĐow members of the Senate. Ordinarily, it will branch of Congress ? "If this bill is to pass on what sas, (Mr. BORLAND.] be admitted on all hands, that revenue bills should is here called a principle of equity, would we not

The increase of duties by Congress on foreign be prospective; that a considerable period of time be compelled to go to the relief of those who have goods is to benefit immediately the merchant, and should intervene between the passage of the law invested their capital under the laws, and who, by for a very obvious reason. I do not pretend now, and the period at which it is to come into opera-' their sudden change, have sustained ruinous losses? i sir, to enter into a discussion of the question, tion, in order that sufficient notice may be given Why should we interfere in favor of the merchant whether the mercantile classes of the community to the mercantile community. I know that the nd not in favor of the manufacturer? I am like are benefited by high duties, or by duties ordinary uriff of 1842 was passed without any such pro- ae Sen ator from Virginia, (Mr. HUNTER,) who in their amount and character upon imported vision, and of course it took effect immediately on hs told us that he thinks we cannot go properly goods; but I say the immediate effect of an inbeing approved by the President. And, sir, the into such a measure as this. If we undertake to crease of duties is to benefit the merchant, and for reason of that may be found in what is ordinarily open a court of equity here on such a principle as an obvious reason. The goods which the merdenominated the compromise tariff-that of the is implied in this bill, in consequence of the loose chant has on hand at the time Pd of March, 1833. By the first section of that character of our legislation, I do not think that [The honorable Senator was, at this point in his bil, provision is made for the gradual reduction this Government could meet the claims which remarks, suddenly seized with vertigo, and was of duties in all cases where they exceeded twenty | would be brought against it. The friends of high compelled to take his seat.] per cent. of the invoiced value of the goods. Ten tariffs usually pass these tariff laws for the benefit Mr. SEWARD. I move to postpone the furper cent. was to come off biennially from all arti- 1 of particular interests. By changes from these ther consideration of the bill. cles on which a high duty was imposed, imtil all high tariffs, these interests are subjected to loss, Mr. COOPER. I will not now proceed. I am duties should be brought down to an ad valorem sometimes to ruin-the manufacturing and agri- not able. of twenty per cent. I will not say a word, sir, in cultural more than any other-and it parties are to Mr. CLARKE. I move that the question be regard to the wisdom or foliy of such a law; but be compensated for losses aceruing under these postponed, in order to give the honorable Senator by it everything was to be brought down to the changes, then the agriculturist and the manufac- from Pennsylvania an opportunity to present his dead level of twenty per cent. ad valorem. Then, turer should be compensated, and, in many in

views on another occasion. sir, comes the third section of this law, in the fol

stances, we know that these losses are immense. The PRESIDENT. The question is on an inlowing words:

I merely make this comparison with the view of definite postponement, Sec. 3. And he it further enacted, That until the thir- showing that I am unwilling to vote for the bill in Mr. HUNTER. I withdraw that motion of tieth day of June, one thousand cight hundred and forty

consequence of the enormous principle it involves, course, if the Senator from Pennsylvania desires two, the duties imposed by existing laws, as modified by thais aet, shall remain and continue to be collected. And

and to give us caution hereafter in our legislation it. I will agree that it shall be laid over informally. frein and after the day last aforesaid, all duties upon im- to give sufficient time whenever we undertake to

The PRÉSIDENT. To move to postpone it ports shall be collected in ready money, and all credits now alter a tariff, so that no injustice may be worked will be the same thing. allowed by law in the payment of duties, shall be and are

which can be avoided. It is said that this is usul- Mr. HUNTER. Then I make that motion. bereby abolished; and such duties shall be laid for the puruse of raising such revenue as may be necessary to an

ally done. True, it is; but it was not done in 1812. The motion was agreed to, and the further coneconomical administration of Government; and from and Now, to show the difference between the cases sideration of the bill was postponed to Friday after the day last aforesaid the duties required to be paid by of the merchant and the manufacturer in these cases law on goods, wares, and merchandise, shall be assessed upon the value thereof at the port where the same shall be

of sudden changes of a tariff, it should be remem- (Mr. Cooper retired from the Senate Chamber, entered, under such regulations as may be prescribed by bered that the latter has to invest an immense but in a few moments returned to his seat, and

capital in buildings and machinery for carrying on remained in attendance during the day.) So that by this section of the act of the 2d of many businesses which may be ruined any day

RALEIGH AND GASTON RAILROAD CO. March, 1833, there is a general provision that the | by a change in the tariff. His business is thus deexisting laws shall remain in force until the time || stroyed, his machinery and buildings become Mr. BADGER. There is a bill which was respecified. It then goes on in words of the future worthless in consequence, and thus his whole cap- ported by the Committee on Finance something tense, and provides what shall be the character of | ital may be irrecoverably gone. Widely different like a fortnight or three weeks since, which I hope the subsequent legislation of Congress. Now, I is it with the merchant, whose market is only the Senate will indulge me in taking up for conknow that it was considered exceedingly doubtful changed or modified, and who is seldom confined sideration at the present time. It is a bill to give whether there was any existing law that would in his business to one particular kind of article a credit to the Raleigh and Gaston Railroad Comauthorize the collection of one penny of duty. || which may thus be affected. While, therefore, I pany on the payment of duties on their iron. I The then existing Administration, however, de- would desire to vote in every case where equity is mention as a reason for taking up the bill now, cided, that upon a proper construction of the law the foundation, I cannot do so in this case. * I can- / that it is to give relief to this company by extendthe Government was entitled to collect twenty per not vote for this bill unless the principle involved ing the time for the payment of duties on iron cent., and no more. But this was regarded by in it is to be extended to every interest which has imported by that company, and because it is a members of Congress as being exceedingly doubi- been affected by these changes; and to do so would bill which differs from every other which is 10 ful-so doubtful, indeed, that it was carried to the be ruinous to the treasury of the wealthiest coun- come before us. The iron is already ordered, and Supreme Court; and that court decided that the | try under the sun.

if the bill is to pass at all, so as lo afford them any construction which was given to the law by the Mr. HUNTER. I move to postpone the fur- relief, it must pass immediately. I hope the SenAdministration was the true and proper construc- ther consideration of this bill indefinitely.


will agree to take it up. tion, and that under the provisions of the law the Mr. SEWARD. I hope the Senator from Vir- The motion was agreed to, and the Senate proGovernment was entitled to take twenty per cent. ginia will withdraw that motion.

ceeded to its consideration as in Committee of the Now, the law of 1842 was passed in such a form A Senator. The motion is not debatable. Whole. as to take effect immediately upon its enactment,

The PRESIDENT. The Senator is wrong. The bill provides that the Secretary of the Treasand this, simply on account of the doubts and em- The motion is debatable.

ury be authorized and directed to extend the time barrassments of members of the two Houses of Mr. SEWARD. I have but a word more to of the payment of duties upon all iron rails now Congress in regard to the then existing state of I say, and that is, that any one can see that to make or hereafter to be imported by said company for



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their use, so as to make the duties payable in four | ly wounded, and lost his leg; but he continued in in the battle of Chippewa. After the fall of the equal annual installments, said installments to be the service a certain length of time, and then re- gallant Colonel Campbell-eariy in that contestreserved by the Postmaster General for the use of signed his commission in the Army. He received the command of that regiment devolved upon the Treasury, out of any moneys which may be his pension from the time he resigned his commis- General McNeill; and such was his bravery and due said company for mail service to be performed sion, although he believed all the while that he military skill and daring courage on that occasion by them. It provides, further, that before the de- was entitled, and as we think clearly entitled, to a as to receive the applause and approbation of all livery of any portion of the iron rails, the payments | pension from the time of receiving the wound by his distinguished compeers in arms, and for these so deferred shall be secured by the bonds of the which he lost his limb. Since his death, his widow distinguished and gallant services on that occasion company, with good personal security to be ap- || applies for the arrears of a pension, due from the he received the brevet rank of lieutenant colonel. proved of by the United States district judge for time he was wounded up to the time he resigned Now, sir, only twenty days after-on the 25th of the State of North Carolina, and such authority, his commission in the Army. It is but to pay the same moniha day which shed so much regiven in writing, to secure the reservation and pay- arrears from the time he lost his leg up to the time nown upon American valor and American armsment by the Post Office Department, as may be he left the Army.

he led the same regiment to the bloody and satisfactory to the Secretary of the Treasury, pro- On the motion of Mr. BORLAND, the blank in triumphant battle of Bridgewater. It was here, vided, that this act shall extend only to iron already the bill was filled with the word “thirty," so as in the heat of the contest, while at the head of the imported, or to be imported within two years from to make the bill read “thirty dollars per month." column, urging it on by his example and by his its passage,

Mr. CLARKE. I should like to know why | voice, in the face of a most galling and destructive Mr. HUNTER. I feel bound to say, in rela- | the committee put in the time so as to extend back fire from the enemy's battery, that he was struck tion to that bill, that if there were any bill for which to 1813? This gentleman was in the service till in the right knee by a cannun shot, shattering and I would vote, either to extend the time for the pay- within a year or two.

rending it in the most terrible manner, and nearis ment of duties, or to remit them, it would be


Mr. BÓRLAND. If the Senator had listened severing the limb. From the effects of that would cisely such a case as has been presented. But as to my remarks, I think he would have understood General McNeill never recovered. True, he did is has been my habit to vote to keep the tariff of the reason. It is to pay arrears of a pension from not lose his limb, as my friend from Arkansas 1846 inviolate, I shall vote against this bill. the time he lost his leg iill the time he resigned his (Mr. BORLAND) supposes; but the knee was reoThe bill was then reported to the Senate without commission in the Army.

dered ever afterwards entirely stiff; and such was amendment, and ordered to be engrossed for a Mr. CLARKE. beg to say he never lost a the shattered and broken condition of the timh third reading.

leg. He was wounded in the knee. He had a that it was ever afterwards subject to a neuralgie SAMUEL BRAY.

stiff knee; but he had as many legs to be buried | affection, pervading the whole system with the Mr. MORTON. It will be recollected by you,

with as he was born with. I do not know why most excruciating suffering, and which finally un

we should go back. He never asked it.. Mr. President, that some time since I presented a

dermined and destroyed his once herculean con

Mr. BORLAND. He did consider himself en- stitution. For his gallant and distinguished conmemorial to the Senate, numerously signed by the citizens of Apalachicola, in Florida, asking that

titled to a pension from the time he was wounded duct in this battle he was breveled a colonel.

till he resigned. He did not get it. He was put relief may be afforded to Samuel Bray, the keeper

Sir, at the close of the war, such were the dis. of the light-house at Dog Island, for losses sus

upon the roll only from the time he left the Army. 1 tinguished merits and skill of General MeNeill tained by him in a tempest on that coast, in the

But he always considered and asserted his right to that, notwithstanding his injuries, he was retained summer of 1851. That memorial was referred to

be put upon the pension roll, and his widow now upon the peace establishment as major of the 5th the Committee on Commerce, and with commendreasserts that right.

regiment. In 1818 he was advanced to the rank

Mr. ATCHISON. I do not intend to oppose of lieutenant colonel of the 1st infantry. Again, able promptness they have reported a bill for his relief for losses—I say for losses, I ought to say

this bill. I do not intend to make war upon the sir, in 1822, when in command of the post u pecuniary losses, for some of his losses were

widow of a gallant officer, but I would like to Chicago, while leading a detachment of his men beyond the relief of the Congress of the United

know what was the grade of General McNeill to the relief of a vessel in distress-having og

while in the Army. States. That committee has promptly reported a

board supplies for his troops-he was severely is

Mr. NORRIS.' He was a major. bill, affording him a small pecuniary relief. He is

jured in the right arm, rendering that limb almost now in a destitute and distressed situation; and if

Mr. ATCHISON. At the time he left the Army | entirely stiff and greatly impairing its use. In

what was his grade? relief is to be afforded him, it should be done im

1824 he was breveted a brigadier general for faith

Mr. DODGE, of Wisconsin. That of a colo- ful service. In 1826 he was still further promoted mediately. I ask, therefore, that I may trespass on nel.

to the advanced rank of colonel in the army. In the kindness of the Senate so far as to have this bill considered now.

Mr. ATCHISON. He then received his full || 1830, on the 23d of April, he resigned his commisMr. NORRIS. I hope we shall proceed with

pay as an officer, of the grade he held in the Army, sion in the army; his constitution having been the Calendar. There are other cases as important up to the time he resigned; and from that time for broken down and his health impaired by reason of

ward he received his full pension. Now, this is as that mentioned by the Senator, which we should

severe sufferings from injuries received in the pubtake up; and I can see no reason for thus mixing

an additional amount of pay; not an arrearage of lic service. From that time he has received a pen. up the business of this body. We have a Calendar, || in the Army. I am perfectly willing to vote for it | sir, I would here state that in 1815, as soon as the

a pension, but an increase of pay while an officer | sion from the Government for full disability. And, where these cases stand in their order, and I hope the Senate will adhere to the Calendar, and not as a speceial case, but to adopt such a principle as nature of his wounds would permit

, he applied 10 take up business out of its order.

a general rule, it strikes me would make a very the War Department to be placed upon the roll of The motion to take up the bill was not agreed to.

great inroad into the public Treasury of the United invalid pensioners of the United States, under the

States, to an amount of millions perhaps. I want contract that he alleged he had made with the IRA DAY.

it clearly understood that I vote for this case as Government when he entered its service. He The PRESIDENT. The next bill in order is being a special case, and without reference to any made also an application in 1819. Upon both acthe bill for the relief of Ira Day, of Vermont. It principle whatever. [Laughter.]

casions his application was refused." And why, has been read twice, and is now before the Senate Mr. NORRIS said: If this is a special case, sir? Was it because he had not been seriously as in Committee of the Whole.

there have been other special cases before. But i and permanently disabled while in the line of his Mr. HUNTER. The honorable Senator from contend it is not a special case. I was in hopes duty in the public service ? No, sir; for that was Delaware (Mr. BAYARD] desired to speak on that that this bill would have passed without objection. apparent to all. But he was told that the War question, and as he is now absent, 1 move that its Having introduced it into the Senate, it becomes | Department had made a rule that no officer, white considerntion be postponed till next Friday. my duty, under the circumstances, to give some he retained his commission in the army, should

Mr. UPHAM. This bill was postponed last further explanation of this bill, and to state the be placed upon the roll of invalid pensioners. T's Friday for the accommodation of the Senator from grounds upon which I think it ought to pass. In that act, and against that decision, General Me Delaware; but if it can be ascertained that the bill | doing this, sir, it is not my intention to enter into Neill then, and ever afterwards, protested. He can be settled next Friday, I am willing it should a detailed account of the services of General Mc- claimed that under the law of 1812 be had a right be passed over.

Neill. A very brief summary will show the true to be placed upon the pension roll of the United The bill was accordingly passed over inform-grounds upon which this bill stands.

States from July, 1814. ally.

That he was a brave, distinguished, and skill- Sir, I have made this brief and true statement MRS. E. A. MCNEILL.

ful officer-that he received permanent and severe of facts to show the ground upon which this bill

disabilities while in the line of his duty, in the rests. This bill proposes to give arrears of peuThe PRESIDENT. The next bill in order is public service-is well known to every Senator sion thus claimed by General McNeill in his lifethe bill for the relief of Mrs. E. A. McNeill, widow here. That he suffered severely and almost con- time to his aged widow, who is now in straitened of the late General John McNeill

, and is now before stantly from these injuries, from the time of their circumstances, who for thirty-five years watched the Senate as in Committee of the Whole.

reception up to the time of his death, is equally over and cared for the veteran with that sooting Mr. HUNTER. Is there any report accom- well known to every person who had intercourse attention and care which no other hand could adpanying that bill? with him.

minister. Sir, I will not invoke the sympathies The PRESIDENT. There is no report.

Sir, General McNeill entered the Army of the of the Senate-I never did such a thing; but if Mr. BORLAND. I will state that I reported United States in March, 1812, as a captain of the there ever was a bill in which such feelings would that bill from the Committee on Pensions. There Ilth infantry-a regiment constituting a part of | be justified, this is one. But

, sir, 1 place this bill is no writien report in the case. We did not make the forces raised under the act of the preceding upon the ground of his legal rights, upon the a report, because we considered the case so plain, | January. So meritorious was his conduct as an broad principle of the equity and justice in the and one in which most of the facts were known officer, that he was promoted to the rank of major

case; and if I do not show the Senate that he is to the Senate and the country, that a very little in August, 1813. It is unnecessary for me to entitled to the pension, I will allow the bill to fail

, explanation would be sufficieni to satisfy the Sen- state to the Senate, here, that he discharged the so far as I am concerned. Sir, what was the con. ate of its merits. It is proposed to pay to the duties of his advance-rank with singular abilities, widow of the late General John McNeill, a very

tract under which General McNeill entered the with distinguished credit to himself, and honor to Army? gallant officer in our Ariny, what we consider ar- the country. On the 5th of July, 1814, his regi- The 14th section of the act of the 11th of Janrears of a pension. General McNeill was severe- maent consituted a portion of the forces engaged l vary provides that if any officer, non-commis.

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