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but then the West had outgrown this arrangement, both
in population and territory, and now demand an increas-mit the bill with instructions,

ed care of the General Government. He urged them
to grant something-any thing; for that any change
was better than the present condition of things.

[Sen. & H. of R.

The question then recurring on the motion to re-com-
The Senate adjourned.

HOUSE OF REPRESENTATIVES—SAME DAY.
Mr. HEMPHILL, from the Committee on Roads and
Canals, reported a bill, declaring the assent of Congress
to an act of the General Assembly of Virginia, therein
mentioned; which was twice read, and ordered to be
engrossed and read a third time to-morrow.

Mr. HEMPHILL explained, very briefly, the object of the bill, and moved that it be ordered to be engrossed for a third reading.

Mr. COCKE asked for the reading of the bill. [It was read accordingly.] He then wished to know why the assent of Congress was required at all. This canal surely did not run through the District of Columbia. He objected to the bill, as proceeding on the principle that the United States have power to make what improvements they please in the several states-a principle to which he could never consent, as it interfered with the rights of the states, and had never been confided to Congress by the people.

Mr EATON said he believed he should be found correct in stating, that more than one fourth of the suits at present pending in the Supreme Court, were for the states beyond the Allegany mountain; of which a large proportion were for the states of Tennessee and Kentucky. This he thought was an important consideration, yet they were told it was time enough yet. Year after year the same language had been been held, wait yet a little louger, and by and by it shall be seen what can be done for you. The gentlemen from Virginia, who were so securely provided for, might well hold such a language as this. Comfortably seated by a warm fire, they might well say to the cold and half starved pilgrim wandering on his way, go hence and trouble us not, and when the morning comes we will inquire what can be done for you; in the mean time he dies! Twice or thrice bad a bill extending relief, gone from the Senate to the House, and failed in its progress. Again we at tempt it, and are told, Wait yet another year, until we can consider what is right and proper to be done; give us a little more time-another year for deliberation. The people of the West, he said, were certainly la boring under great grievances in relation to their Judiciary; six or eight hundred suits pending on the dockets of two states only, Tennessee and Kentucky, most conclusively prove, that no where was relief more de-provements on the Appomattox river, were on the tide manded, or where remedy should be more speedily applied. Another matter, he said, merited consideration; it was, that most of the cases which come up from the West for revision and correction, depended upon local law, and were not to be accurately understood but by those who had grown up with the system, or had been a long time conversant with it; and yet for years past they had been compelled to bring up cases here to the metropolis, apart from that advantage, to be decided by Judges who had little or no information of the law which regulated those decisions. Many suits decided in the Courts below, were under $2,000, which authorized an appeal, and many which were above this amount were to be submitted to, for the reason that the suitors were Rot in a situation to encounter the heavy expense incident to a trial here. If, under these circumstances, mistakes and errors were committed, there was no alternative but submission. Of these things the people of the West had complained until they were indeed wearied with complaining; and their grief was the greater, because, while their condition was so wretched, they beheld other portions of the country fully and amply provided for. In his opinion, it did not comport with that strict and impartial justice which should characterize the Congress of the United States, to refuse relief for those crying inconveniences under which the western people had so long labored. Patience and long suffer ing had been theirs, and still they are told to wait yet a little longer. He concluded, by expressing a hope that the bill would not be postponed.

The question being taken on the indefinite postpone ment of the bill, it was decided in the negative, by yeas and nays, as follows:

YEAS.-Messrs. Barbour, Barton, Branch, Clayton, Cobb, Edwards, Elliott, Findlay, King, of N. Y. Lowrie, Macon, Mills, Taylor, Tazewell, Van Buren, Van Dyke -16.

NAYS.-Messrs. Bell, Benton, Bouligny, Brown, Chandler, Dickerson, Eaton, Gaillard, Holmes, of Maine, Holmes, of Miss. Jackson, Johnson, of Ken. Johnston, of Lou. Kelly, King, of Alab. Knight, Lanman, Lloyd, of Mass. McLean, Noble, Palmer, Parrott, Ruggles, Seymour, Smith, Talbot, Thomas, Williams-28.

Mr. ARCHER, of Virginia, explained the nature of the bill, and protested against entertaining the opinion_respecting the rights of Congress, which was supposed by the gentleman from Tennessee to be involved in the bill. The reason why Congress was called upon to give its consent to this bill was, that the contemplated imwaters, and so might be held to be within the admiralty jurisdiction of the General Government. The bill did not ask the aid of Congress, nor did it settle any question of power, but was merely meant to meet and remove the objections of those who doubted the power of the state of Virginia to interfere with the waters within the admiralty jurisdiction of the General Government. If the jurisdiction of a state did extend (which he was not prepared to deny,) over the tide waters of its rivers, then the act would only be supererogatory, and could do no harm. But the community would never spend its money in improving that stream unless it had some secu rity that the General Government would not afterwards interfere on the ground of jurisdiction. The bill was then ordered to be engrossed for a third reading to-morrow.

Mr. WRIGHT, of Ohio, offered the following resolution, viz :

Resolved, That the Committee on Roads and Canals be instructed to inquire into the expediency of granting to the State of Ohio such sections of land, now owned by the United States, as shall be intersected in the location of the Canals lately authorized to be made in that state; or so much of said sections as remain unsold.

Mr. WRIGHT said, that, in offering this resolution to the consideration of the House, he deemed it proper for him to state, for the information of the House, that the Legislature of Ohio, within a month past, with a unanimity almost unparalleled, and highly creditable, had passed acts providing for the connexion of the waters of Ohio with those of Lake Erie, and the city of Cincinnati with the fertile country back of it, by canal navigation. Provision had been made to raise the necessary funds, and to commence the work during the ensuing season, and to prosecute it with all practicable expedition. The whole extent of the canals authorized, including navigable feeders, was about four hundred miles.

It would be recollected that, in the new States west, the public lands were not vested in the state authorities, but in the General Government; and that these states are inhibited in the legislation, preceding their admission into the Union, from interfering with the primary disposition of the soil. It will be seen, therefore, that,

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in prosecuting these works, difficulties may be encoun-
tered at the commencement, insurmountable without
Congressional enactment, from the want of authority to
enter upon, and construct a Canal through the Lands of
the United States. The lands along the contemplated
line of the Canals are mostly disposed of; only a few
scattered lots or sections remain unsold. They are all
surveyed into small lots or sections, of not exceeding
one mile square each. In this state of things, my object
in submitting the resolution is to obtain authority for the
state to enter upon and construct their Canals upon such
of the United States' Lands as may be intersected in lo-
cating the Canals, and to obtain a grant for the use of
the Canals, of the grounds and materials necessary for
the Canals, of the unsold parts of the lots or sections
over which the Canals may pass.
The resolution was agreed to.

UNCLAIMED STOCK DIVIDENDS.

The resolution yesterday offered by Mr. LIVINGSTON, was again read, requiring the names of persons holding unclaimed dividends of U. S. stock.

[FEB. 15, 1825.

posed to call on the Secretary of the Treasury for the The second part of the resolution, Mr. L. said, pronames of all those persons who drew the dividends of stock, on standing powers of attorney. This would lead to the detection of frauds, if any existed, in the drawing of dividends upon stock. As matters now stood, the temptation to fraud was certainly very strong. Mr. STORES, of New York, opposed the resolution, not because he wished to withhold information from this House, or from the public, but, because he doubted the right of this House to disclose what was a matter of confidence and of private concern. In every moneyed institution, the relative interest of different stockholders was a confidential thing: and they would have reason to complain, if the confidence thus reposed in the institution was violated, unless from some great and pressing necessity. The resolution also calls for the names of all persons holding standing powers of attorney from stock. it was to gratify curiosity? If any of those powers of atholders. Of what imaginable use could this be, unless torney were forged, the House had nothing to do with measure appeared, therefore, to have no practical utili it. Persons offending were amenable to the laws. The ty. As to publishing a list of all the unclaimed divi dends, every gentleman must be aware what a scene of speculation and fraud would be produced by such a publication. The evils attending the measure were obvious, and were such as not only to counterbalance, but far to exceed the possible benefits of it. It would be better to leave all these matters to private interest. Many per sons might have their private reasons for leaving their dividends there-and, should they never be claimed at all, they were to benefit a valuable institution. At all events, there was no pressing necessity which required the exposure of the private concerns of individuals, as proposed by this resolution.

Mr LIVINGSTON observed, in reply, that the objec tions which had been urged against the resolution were such as he had anticipated, and had already endeavored to answer; with the exception of one, and that was one of the most extraordinary objections that he could well conceive.

In support of this resolution, Mr. LIVINGSTON observed that the House had, some time since, on a resolution offered by him, directed the Secretary of the Treasury to make, in substance, the communication now required. That officer had complied with the call, but had presented to the House merely the aggregate amount of dividends unclaimed. There was certainly a strong call upon the justise of the House to obtain a more detailed statement. The report informs us that there is, in the Treasury, the amount of $226,000 in dividends of this description. Why was this amount suffered to remain there? It must be owing to ignorance or mistake on the part of those entitled to receive it. This question was, whether the United States could honestly avail itself of either the one or the other, to retain the amount? The money does the United States no good. It is nominally, to be sure, in the Treasury, but it is actually in the bank of the United States. The bank has long been trading upon it, and will, no doubt, continue to trade upon it, until the names of the holders of these dividends shall be published. He had heard an objection urged by an officer of the bank, that the amount was made up of small items, the interest of which would, in many cases, be only a few cents a year. He considered this objection as amounting to little. He thought there must be among them some large items, to make up such an amount as was reported. But if it were not so, the officers of the bank were paid for their time and their services; and though the account might be minute and troublesome, the trouble it might occasion was not to be put in competition with the benfit lishing his name? likely to result. The names of all the persons entitled to receive these dividends, even when they amounted only to a few cents, ought to be published. In a course of years these cents would amount to dollars, and might be greatly needed by those who now ignorantly suffered them to lie unclaimed. be owned by a person who died abroad, and his heirs They might be ignorant that he held any stock. They might be owned by insolvents, whose creditors were not apprised of the fact. It had also been objected, that such a publication might lead to frauds; that persons would come forward with false powers of attorney, and receive what did not belong to them. But, Mr. L. said, if this objection was worth any thing, did it not apply with still greater force to the case which now existed? The names of these stockholders were known to some persons now; but they were very few. Among them were the clerks in the bank. These persons were not always discreet, and if they were disposed to avail themselves of the information thus possessed, they had the opportunity of committing frauds without the remotest danger of detection.

The gentleman tells the House that the names of the holders of this stock are a matter of confidence, and that the holders would complain if that con fidence was violated. This was the first time he had ever heard such a sentiment, and he was unable to con ceive on what it was founded. A matter of confidence, when a man subscribes openly, and makes the assign. ment of his stock at a public office! Where is the confidence? But, if not expressed, this confidence was sad to be implied. But how implied, and on what princi ple? What injury is done to the stockholder by pubspoke as if some great evil, too great and too obvious to The gentleman from New York need being stated, were to follow this disclosure; an evil so great as to counteract all the benefit, if indeed any could result from it. That gentleman asked what the benefit of it could be? I answer, said Mr. L. it will not continue to hold what does not belong to it. Is be, that this Government shall not do injustice, and shall this nothing? Is it nothing that a great nation should disdain to take advantage of the inadvertance of its own citizens? But, it is said that it will open a door to frauds. Suppose that, in a few cases, this should happen. Suppose there should be one case in ten-would the fraud in the one case countervail the benefit of doing justice, and perhaps of relieving want in nine other cases? Mr. L. again insisted on the danger of fraud being greater, now that the names were known only to a few, than if they were published to all the world. He supported the resolution by some further observations with respect to the second part of it, and concluded by insisting that it would neither lead to a breach of confidence, nor to the commission of fraud.

Mr. SHARPE, of New York, spoke in opposition fo

FEB. 15, 1825.]

Unclaimed Stock Dividends-Georgia Militia Claims.

the resolution. He insisted that money, in the situation of that referred to, was like money in bank. The clerks of all banks are sworn to secrecy, and a general confidence pervaded the institution. Moneys deposited, or dividends on stock, were always suffered to lie until the owner called for them. If the institution was ready to pay it, then it was all that justice required.

But the gentleman wished to spread before the world the name in which every unclaimed dividend stood on the books of the bank. The consequence was not hard to be foreseen. it would appear, for instance, that a man named A B owned stock many years ago. It had never been claimed, and the presumption was, that the man was dead. Why, sir, said Mr. S. you would have applications every day of the year. One man will come and say, "My name is A B, the stock must have been owned by my father. Another would come and say, My name is B. C, this must have been the stock of my grandfather's." It does not stop even here. Your list of names goes to Great Britain, and in a short time you will have powers of attorney in great abundance, imported by every ship that enters your ports! He believed the resolution would lead to little good, and to many and great evils. Mr. S. concluded by moving that it lie on the table; but withdrew the motion to accommodate

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Mr. LIVINGSTON, who rose to explain one fact, which seemed to have been misunderstood. The sums referred to in the resolution are not made use of by the United States. If gentlemen would look at the reports of the Ways and Means for each year, they would find that these sums are never included in the annual estimate of the national resources. They were nominally in the Treasury, but actually in the bank. But if they were in the Treasury, and the United States could make ten thousand times as much by keeping them there, would it be honest to do so? Would it be honorable? He could not conceive with the gentleman from New York, that publicity led to fraud.

Mr. STORRS observed, that, though this stock had been originally in the hands of men of property, yet it had since passed through many hands, and probably not twenty of the original certificates remained in the hands of the subscribers. The question was, whether this House is going to take the guardianship of all manner of persons who hold this stock? Whether it will interfere with this fund in the Treasury, and pay it out before it is called for? Such a course of things, he believed, would not be for the good, but for the injury of the stockholders. Their names are to be published professedly out of kindness to them, but in reality to cause them to be deprived of it. The gentleman from Louisiana had ridiculed the idea of any thing like confidence in matters of stock. But did that gentleman know, that, in other institutions, this is held to be a matter so strictly confidential, that, when one person subscribes his name to a receipt for a dividend, &c., a sheet of paper is laid over the page, that he may not see any other name or any other amount than that which he himself writes. The resolution therefore goes to expose concerns of a private and confidential nature. It is said that the clerks in the bank are acquainted with these amounts. That was true. So was the Secretary of the Treasury acquainted with them, so may many subordinate officers of the Treasury be. But all these are the confidential officers of the Government, and it is not to be presumed that they violate its confidence, whether bound by oath

or not.

Mr. STORRS then moved to lay the resolution on the table; and the motion prevailed, by a large majority.

GEORGIA MILITIA CLAIMS.

The House then passed to the unfinished business of yesterday, which was the motion of Mr. TATTNALL, VOL. 1-33

[H. of R.

to recommit the report of the Military Committee on the Georgia Militia Claims, with instructions to report a bill for the payment of them.

Mr. HAMILTON said that he would not detain the House long in the very few remarks which he had to make in vindication of the report of the Committee on Military Affairs, in reply to the objections which the gentleman from Georgia had urged in opposition to that report.

He said that, whilst he admitted that no claim before Congress, ought unhesitatingly to be discarded by the circumstance of its having been, time after time, rejected by the committees to which it may have been referred; nevertheless, the fact of reiterated rejection was calculated to produce a well-founded distrust of the justice of a claim so circumstanced, and inust produce a disposition, on the part of the House, not to reverse previous decisions, except on the discovery of some new matters of fact, which may have escaped a previous investigation.

As it respects the claims under consideration, they have been before Congress, in various shapes, from 1797 to the present period, and have been uniformly rejected by the committees of this House, with the exception of a favorable report of a select committee, to whose consideration they were once confided. In 1893, the Committee on Claims made an able report, which may be said to have formed the basis on which the Georgia Militia Claims have ever since been rejected, on the ground that their complete payment were consummated under the treaty of cession between the United States and Georgia, executed the 24th of April, 1802. Before, Mr. H. said, he came to consider the stipulation of this treaty, which it is supposed, had relation to these claims, he would remark, which it was important for the House distinctly to understand, that the validity or justice of the claim, independently of this stipulation, had never been fully admitted by the Government of the United States, that the largest portion of them were reported, by the Agent of the War Department as unauthorized; and, with such a designation, they yet stand on the records of the House, and on the files of the War Ofice. In a word, of the claims which, by the motion of the gentleman from Georgia, the Committee on Military Affairs are instructed to report a bill to provide payment, only $13,159 63 are called authorized, out of $142,535 29. The remaining sum of $129,375 66, being for services, which, in the language of the special Agent, employed by the War Department, Colonel Constant Freeman, "were not considered, either by the Executive or himself, as fully authorized."

This discrimination resulted from the following cir. cumstances: In 1792, the frontiers of Georgia were seriously menaced by Indian incursions. The then Secretary of War, Gen. Knox, authorized the Governor of that state "to take such measures, for the defence of the same as might be indispensable," and, very shortly after, communicated to the Governor the views of the President, as to the amount of the militia force which might be necessary for the security of the frontiers of Georgia, in addition to the regular troops which were, at that time, in that quarter, under the command of Major Gaither. The additional force, thus suggested as sufficient, were one hundred horse and one hundred foot. The "case of the serious invasion of Georgia by large bodies of Indians," the Secretary remarked, at the conclusion of his order, "must be left to the provisions of the Constitution of the United States." The author: ized claims, amounting to $13,159 63, may, therefore, be considered as founded on the services of the one hundred horse and one hundred foot, ordered by the Secretary; and the unauthorized claims, a noun ng to $129,375 66, are those which grew out of the discretion

H. of R.]

Georgia Militia Claims.

[FEB. 15, 1825.

which the Executive of Georgia exercised under the bodied without that attention to the forms of service which presumed instructions of the Secretary of War, or the were required, which led to some unpleasant conflicts provisions of the Constitution. of authority between Col. Gaither and the state funcAs the ground assumed by the committee, in their re-tionaries. It is evident, from the letters of this officer, port, is the one so often taken, that these claims have that he did not conceive that any serious invasion of the been finally settled under the treaty of cession, Mr. H. Indians was threatened, but merely predatory incursions, said, he would not go into a minute recapitulation, of and, in November, 1792, he thinks even a less force than the correspondence, to shew that the unauthorized that designated by the Secretary of War, would be sufficlaims were always considered as liable to objection, in cient for the protection of the frontiers; that is two troops consequence of a belief, on the part of the General Go- of cavalry, instead of 100 horse and 100 foot. that the vernment, that the Governor of Georgia had not exercis militia of Georgia were assembled with irregularity, is ed a proper discretion in calling out troops, the levies of highly probable, from another fact which appears in the which were, at times, unjustifiably large and frequent, correspondence between Col. Freeman and Major Gaiand, consequently, entailing unnecessary expense on ther, in their respective letters of the 17th and 19th Oc the United States. If any proof were wanting of this tober, 1793. The former makes an application to the fact, it is to be found in the letter of the 22d February, latter" to appoint some fit and proper person to mus1794, in which the Secretary of War informs the Go- ter and inspect the militia," to which Major Gaither revernor of Georgia " that a body of militia had been kept | plies: "Your's of the 17th inst. I have received, and up, on the frontiers of Georgia, during a greater part of declare to you, if there are any militia in arms under the the last year, greatly exceeding the number, which, authority of the United States, in Georgia, I am ignorant according to the information received at the War thereof When I received your instructions from the Office, would seem to have been required by the state Secretary of War, I wrote immediately for information, of things in that quarter." This number was repre- which I daily expect to receive, and for that reason wish sented from 1,000 to 1,200; and, in this communication, to postpone the mustering the militia of Georgia, until I the Secretary employs the caution of reverting again to am properly informed. As there are difficulties which the force which the President considered adequate to may arise in this business, it is highly necessary it should the defence of Georgia, which he was willing to consider be delayed." as raised and continued in the service by his authority, viz: 100 horse and 100 foot.

But this was not the only exception which was probably taken to the claims. The correspondence between the federal and state authorities, as well as the report of Col. Freeman, discloses the fact that, notwithstanding the peremptory instructions of the Government of the United States, that the Indian territory was not to be invaded, that incursions did take place, which induced the Secretary of War, in his letter to Col. Freeman, of the 5th of September, 1793, to order him "not to concur in any measures, at the expense of the United States, for invading the Creeks." And, in relation to the facts in connection with this branch of the subject, Col. Freeman says, in his report on the unauthorized claims made to the War Department, on the 25th of October, 1802, "the periods in which these unauthorized claims are made, are particularly marked in the history of that state, for misunderstandings between the Creeks and the frontier settlers. There were faults on both sides. The Indians were continually stealing horses, murdering, and doing other injuries to the inhabitants, who, in retaliation, made incursions into their country. Such were the Oakmulgee expedition under General Twiggs, in June, 1 93, which consisted of about 750 horse and foot; the destruction of the Oakfuskee village, by Col. Melter, in September, who had under his command about eighty-eight officers and men; the detachment of 125 men, who marched under the orders of Major Brenton, against the Little Chehaw Village, on Flint River; and several others of less note, which were made by volunteer parties of militia. It has been supposed that these expeditions have operated as objections to admitting the militia claims. Although they might have been irregular, it is certain that some of the detachments who were then in service, afforded great security to the peaceable inhabitants on the frontiers."

Mr. H. said that he had thus, as compendiously as possible, endeavored to shew, that these unauthorized claims had probably been suspended for other reasons than any disposition on the part of the General Govern ment to do Georgia injustice. He then remarked, that it was much to be lamented the conflagration of the War Office had probably destroyed many documents illus trating the views and objections of the government on this subject, from the earliest period at which their payment had been pressed. But, as he had before remark ed, if the House came to the same conclusion with the committee, that these claims, "authorized," as well as "unauthorized," were provided for and paid under the treaty of cession of 1802, it was not very material to inquire whether the inferences which he had deduced were sound or not.

Mr. H. said he would now trouble the House with a few remarks in regard to the treaty of cession between the United States and Georgia, for the purpose of giv ing a brief exposition of the reasons which induced the Committee on Military Affairs to arrive unanimously at the same conclusion with all standing committees of this House, who had ever had the claims under consideration-that they had been fully cancelled under the stipu lations of that agreement. But he would, before he discussed this point, admit, (for he was bound in candor to make the admission) that he believed, but for the treaty of cession of 1802, and the consideration for which that amount was paid under that treaty, there could be no substantial objection to the allowance of the claims in question, as he had no doubt the services had been bona fide and patriotically rendered; and, although irregu larities may have been committed in relation to hasty and disproportionably large levies of troops, yet these are unavoidably incident to the employment of militia; and the occasionally offensive operations of the citizens of Georgia were inseparable from the exigencies of a savage war carried on on their own frontier. If, howev er, the debt has been paid by the treaty, the discussion

If a portion of these unauthorized claims comprised expeditions involved in these excursions into the enemy's territory, contrary to the express orders of the Presi-is at an end. dent, it may well be supposed, said Mr. H. that very se- This treaty was concluded in April 1802, and pro rious difficulty would have been made by the Govern- vides that the Government of the United States should ment as to their admission. But these circumstances pay to the state of Georgia, out of the nett proceeds of form not the only objections which were entertained as the sales of lands, the sum of one million two hundred to the validity of the claims in question. Both from Col. and fifty thousand dollars, " as a consideration for the Freeman's report, and the correspondence between the expenses incurred by said state, in relation to said terGovernor and Col. Gaither, who commanded the fede-ritory." When this subject was referred to the Commit Fal troops, it appears that the militia were sometimes em- tee of Claims in 1803, this Committee very properly di

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FEB. 15, 1825.]

Georgia Militia Claims.

[H. of R.

rected a letter to the then Attorney General, (Mr. Lin- some time after that of Mr. Lincoln's, who, on the other coln,) who had been a Commissioner on the part of the hand, declares that, according to his best recollection, U. States in the negotiation and conclusion of this Trea- and every rational probability, they were included.— ty. His reply to this call, which has been read, I will not Now it might so happen, that, whilst the United States" trouble the House with at length, but there is one pas- Commissioners believed that they were providing for sage in it which I wish to press upon their consideration these, and all other claims which could, in any wise be conwith some emphasis. He says, "It is perfectly recol sidered as expenses "in relation to said Territory," the "lected in the course of the negotiation with the Com- Georgia Commissioners might have entertained a differmissioners on the part of Georgia, at one or more in-ent impression; yet, as our Commissioners did so treat, "terviews with them, they stated, as a reason why an and were induced to stipulata for so large a sum to be "allowance to a certain amount ought to be made paid, it would seem that we ought not, on light grounds, "them out of the proceeds of the ceded Territory, that to impugn the testimony of our own agent, whose very "their state then had a debt, which had been incurred for caution and reserve prove the great circumspection with "military services in defence of the state, which the which he had been disposed to give his evidence. Mr. "United States, on application, had unreasonably re- HAMILTON said, that the Committee on Military Affairs "fused to allow them" Now, as the identical claims had not been content with the documentary testimony were at that time the only claims of a military, as well as on the files of the House, but had applied to Mr. Gallapecuniary character that Georgia had presented, or that tin, who had been a United States' Commissioner with the United States could be supposed to have unrea- Mr. Lincoln. But, unfortunately, the lapse of time (20 sonably refused to allow, it is a fair matter of infer- years) had effaced from the memory of that gentleman ence, that the Commissioners on the part of the United all recollection of the circumstances attending the States were induced to make the large allowance in negotiation; and Mr. HAMILTON said, that, on makmoney, in consequence of their regarding these claims ing a personal application at the Department of State, as actually and justly pressed on their consideration. with a view of ascertaining whether there were on Besides, it would be a most extraordinary presumption record any letters "comprising a protocol or schedule of to suppose, that, at a moment when they were about to the nature of the expenses," &c. in question, he had been negotiate a Treaty, that the only serious matters in dis- entirely unsuccessful. The Committee on Military Afpute between the two sovereigns should have been fairs had, therefore, been constrained to take Mr. Linomitted, and when the services on which the claims in coln's letter as furnishing a cotemporary construction question are grounded, were expenses as well" in re of the treaty, and as the best evidence within their reach. lation to said Territory" as to the State at large. The But the gentlemen from Georgia contend that these truth is, that it was somewhat unprecedented, as had are not claims of the state of Georgia, but of her citizens, been admitted by the gentleman from Georgia, (Mr. who have never surrendered the liability of the United FORSYTH) that the United States should pay any pecu- States to them. On this subject, Mr. H. said, that he niary bonus to a State for her cession of Territory; and, thought the principle was clear, that, if the United Mr. H. said, he suspected it was the object of th Com- States had suspended their payment on the ground that missioners to bring all the claims which Georgia might the Governor of the state of Georgia had exceeded the have on the General Government, under the cover of instructions and discretion given to him, as to the manner these expenses in relation to said Territory," in order in which the Indian wars of ’92, '93 and '94, were to be that Congress might be reconciled, apparently, to so conducted, the Federal Government might fairly regard large an appropriation. her as chargeable with the expenses of these wars, and yet be disposed to pay them "as expenses in relation to the ceded Territory," and as a part consideration for the acquisition. It does not follow, because a state exceeds its authority in the employment of troops, for which the General Government will not pay, that the state is, itself discharged from all obligation to its citizens who are thus employed. She may well be presumed to incur, in such an event, an ulterior responsibility.

It is true, that a gentleman of Georgia, (Mr. THOMPSON,) who, some days since, addressed the House, exhibited a tabular statement of the appropriations of land, which the state of Georgia had made to certain troops she had raised from '83 to '87, before the formation of the Constitution of the United States; but even these were not exclusively expenses applicable to the Territory in question, and none of them expenses for which the United states could be considered as bound for reim- The gentleman from Georgia, Mr. FORSYTH,) has said bursement, under any circumstances. This statement, that the Treaty Cession has been immensely profitable which the gentleman had exhibited in the form of a sum, to the United States. It ought to be recollected that he bad made to exceed a million four hundred thousand this account is not yet closed. The United States have dollars, but on assumptions which he, Mr. H. thought taken the cession with an onerous stipulation "to exentirely gratuitous In the first place, he had assumed tinguish the Indian title within her territory." This the quantity of land appropriated by the Legislature of had already been partly accomplished, at a considerable Georgia as the quantity actually given, and next he had cost, and a large territory, much larger than one state placed the valuation of the land (at that time situated in in our confederacy, remains to be extinguished, of great almost a savage wilderness,) at fifty cents per acre This, fertility, where civilization is progressing among the InMr. H said he conceived, was an high valuation; some dians, and with it, as its inseparable incidents, producrecent purchases had been made by the United States ing a higher attachment to property, by a multiplication on an average of less than seven cents per acre, of land of its objects, as the sphere of rational enjoyment benot now more remote from the settlements of our citizens, comes enlarged. When this section of country, comthan those lauds in question were at that time. He be- prehending one of the most fertile portions of Georgia, lieved if we even gave Georgia credit for all these ex-is purchased from the Indians, in conformity with the penses, on a calculation founded on what she actually expended, enough would still be left, as a balance of the million two hundred and fifty thousand dollars, to cover and provide for the claims under consideration. Mr. HAMILTON said, it was far from his intention to impeach the testimony of the Commissioners from Georgia, (to their memories he was as willing to pay a tribute of respect as any one) who had declared that, according to their understanding, these claims were not included. But it will be recollected, that their testimony was given

treaty-stipulation, it will be ample time to state the account of profit and loss. He trusted, however onerous the burden might be, that the Government of the United States would be able to fulfil, on terms satisfactory to Georgia, its stipulations on this subject.

It has also been urged, said Mr. H. that the United States impliedly acknowledged the war as her own, by paying, in the course of its progress, the expenses of the Commissariat and Quartermaster's Department. These expenses, Mr. H. said, were undoubtedly paid by the

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