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H. OF R.]

Lateral Railroad.

[JAN. 6, 1831.

House had already, on his motion, as the chairman of the thought, would enable the chairman of the District comDistrict committee, referred to that committee the memo- mittee to give the subject all possible attention and examrial of one of the corporations of the District, having re-ination, and he hoped he would not press his motion for ference to that bill, on the supposition that, if it passed in recommitment. its present shape, it might jeopardize their rights.

Mr. BROWN asked to have some reason assigned for the reference proposed.

Mr. DODDRIDGE said that he could not yield to the wish of the gentleman from Maryland; nor could he understand by what reason gentlemen assumed to say that a Mr. DODDRIDGE said, that this morning he had been reference would defeat the bill. Such was not his desire, waited on by an agent, to state that the Council of the nor could it be that of the Committee for the District, or city of Washington wished to be heard on the same sub-its inhabitants. So far from this, he intended to propose ject; and, as the people of this District can nowhere be to ask leave of the House to sit during its sitting on Monheard on subjects affecting them so vitally, except before day next, and to devote that day to an examination of the the Committee for the District of Columbia, he moved subject, and to a hearing of the parties.

that the bill in question, together with the amendments He thought he could comprehend another suggestion proposed to it, be referred to the appropriate committee. made by a gentleman from Maryland, without much diffiThis bill, Mr. D. said, had got on to the present stage culty. He has said that, unless the bill shall pass soon, with much speed and good fortune, without ever having and nearly in its present shape, the road cannot be made. been seen by the committee to which its consideration of In reply to this remark, he would say, that, in its present right belonged. To put this in a plain point of view, it shape, he did not see how any man who properly rewas necessary to observe, that nothing was asked of Con- spected the interests of this city, or who would pay a progress in their character of a National Legislature, but only per regard for the public property in it, could vote for it. as the Legislature of the District. The company had Mr. BROWN said he was opposed to both motions. He been incorporated by a charter of the State of Maryland, viewed the matter in this light: there was a struggle bewith certain immunities and privileges, one of which was tween two sections of the county of Washington, to see a power to extend from the main road as many lateral rail- which could reap the greatest benefit from the construcways as they please. By virtue of their Maryland charter, tion of the proposed road. The fact was, if the road was they may extend the contemplated branch to this District, not speedily constructed, it would not be made at all, but without our consent they cannot enter it. This con- and thus the citizens of the District would lose the benefit sent they wish to obtain by the bill, and nothing more-- of it. The corporation chartered by Maryland was willing they ask no funds nor aid whatever. It is evident, there- to make the road; they had the means to do it, and would fore, that the consideration of this subject exclusively, in do it without any expense, or any injury to the property the first instance, belonged to that committee whose duty of the inhabitants of the District. If it was desirable to it was to guard, not only the rights and interests of this the people of the metropolis to have the road constructed, people, who have no representative here, but also to take now was the time for the action of Congress, as their care of the property of the nation in the city of Washing- legislators. Pass the present bill, and do it speedily, ton. He hoped, therefore, no objection would be made and the citizens would soon reap the benefits of the proto the reference he asked. posed measure.

Mr. SEMMES opposed the motion for commitment. There was great necessity, he said, for acting on the bill as speedily as possible, not only on account of the importance of the proposed work, but there was danger that, if the bill was taken from the tables of the House, it would be a long time before it would regain its present situation. There were a number of subjects likely to come before the House--the proposed amendment to the constitution; the bill to apportion the representation under the fifth census; perhaps the tariff question, and no doubt others, the discussion of which would be likely to retard the action of the House on this bill, if it was recommitted. his part, he should prefer to make it the special order for some day certain, and, in the mean time, by consultation, and examination of the various interests concerned, gentlemen would be prepared to offer such amendments as were necessary, when the bill came up for the action of the House.

For

Mr. HOWARD said he had no objection that the Com mittee for the District of Columbia should throw as strong a guard around the people of the District as it was in their power to do. It was certainly the right and the duty of Congress, as the Legislature for the District, to do so. But, while he admitted this, he must be pardoned for suggesting another course, which was more agreeable to his views of expediency. If the bill were to be taken from the tables of the House, it was impossible to say when it would find its way back again. It was an unusual course, to say the least of it, to recommit a bill when it had arrived at the stage of the one now referred to. He saw no difficulty in the way of modifying the bill, if it was desirable. One amendment had already been offered by his colleague, and others could be by gentlemen, if it was desirable, without a recommitment. He asked if the purpose of the chairman of the District committee would not be as well answered, if the bill were made the order for some particular day; and in the mean Mr. WHITTLESEY regretted very much the oppositime he could prepare such amendments as he considered tion which had been made to the motion of the gentleman desirable, which could be offered when the bill came up from Virginia, by the gentleman from Maryland. He for consideration. Mr. H. said he was for the road, and thought that the course proposed by the chairman of the nothing else. He consulted the interest of no particular District committee was the best. The course pursued by company or corporation, nor did he care by whom it was the gentleman from Maryland who had spoken on the subconstructed. He earnestly desired to see the work com- ject, was, in his opinion, incorrect. He thought this was pleted. The reason why he was opposed to taking the a fair subject for the investigation of the District commitbill from the table was, because of its great importance, tee. The bill was now in the possession of the House, and the necessity there was for its being acted upon at an and such disposition could be made of it as gentlemen early day. A great deal was to be done before operations chose. If the House was determined to give it the go-by, could be commenced upon the road, and it was highly it could be done now; but, if it was referred to the Comexpedient that it should be commenced by the latter mittee for the District of Columbia, when reported by them, end of the winter, or early part of the spring. If the ope- it could be made the order for a day certain, and receive ration was delayed till the summer season, there was the early action of the House. The present was a case in reason to fear that the work would be retarded for a whole which the friends of internal improvement should unite to year. The suggestion he had made, if the House should ensure the success of the proposed measure; and if there concur in the propriety of a motion to that effect, he ever was a subject calling for their united exertion, this

JAN. 6, 1831.]

was one.

Copyrights.

If the gentlemen from Maryland wished for the success of the proposed measure, he was firmly of the belief that they should concur in the proposed reference to the District committee.

422

[H. OF R.

He concur

to him to be presented to the House, he had searched the records to know to what committee he should propose its reference. He had found two cases of a similar nature, Mr. HOFFMAN expressed himself in favor of the mo- Committee on Roads and Canals, and the other to the (which he stated,) one of which had been referred to the tion. He should be glad to have the whole matter refer- Committee for the District of Columbia. He was consered to the District committee. the better course; they would become acquainted with gentleman who had just addressed the House had said that This he considered by far quently at a loss to know what direction to give it. The the sentiments of the people of the District, and obtain all it was not right to pass laws having relation to the District, the necessary information to enable the House to act un-without consulting with the people thereof. derstandingly on the subject. The House would thus red with him in this opinion. When the petition was prehave it in its power to get along with the more ease, and sented, it was noticed in the public papers, and was pubthe subject would undoubtedly be the sooner disposed of. lished at large in one of them the next day. If the peoMr. CAMBRELENG was of opinion that, if the motion ple here had any objections to the proposed measure, why prevailed, the bill would be lost. ry motion that tended to give an opportunity for the inter- the District, and state them. That committee had been He should oppose eve- did they not appear before the Standing Committee for ference of the people of the District in the legislation of in session on many days since, and thus gave the citizens the House relative to the proposed road. allowed to interfere as it suited their particular interests, to offer; but no one had appeared before it. It was inconIf they were an opportunity to be heard, if they had any remonstrance we should consume years in acting on this or any other sistent to say, therefore, that an opportunity had not been subject. The question was a simple one-the company given them to be heard. asked for no aid, but simply to be allowed the privilege of accessible, and no complaint could be made to the conmaking the road. It was not proper to put it in the power trary. The committee was at all times of any individual or corporation to say where the road should be located. There was no engineer wanted to ex- arise to the citizens, or the corporations of the District, Mr. H. would remark, that no injury could possibly amine and mark out the route of the road. more company offered to make it free of expense, and worded-the road was not to interfere with or obstruct The Balti-by the passage of the bill on the table. they should be allowed to locate and carry it where their the travel or transportation on any street; and all private It was carefully interest would be most promoted. property necessarily condemned was to be paid for; so

Mr. IHRIE said, there were various and conflicting in- that the interests of the corporations had not been overterests among the citizens of the District, and it was pro-looked by the committee which had reported the bill. He per that, before receiving the action of the House, the bill trusted, in conclusion, that the bill would not be thrown should go where it had never yet been, viz. to the Com- from the table, and thus lose a station which it would not, mittee for the District of Columbia. Congress was the perhaps, ever regain. sole Legislature for the District, and it was its bounden duty to watch over its interests, and protect the people in all their rights. Therefore, it was expedient that the bill should take the course proposed. He was in favor of the construction of the road, but he wished it located where it would best subserve the interests, and tend to the prosperity of the District. He had, however, risen principally to draw the attention of the House to one of its rules, and he called for the reading of it. Clerk, as follows: "It shall be the duty of the Committee It was read by the for the District of Columbia to take into consideration all such petitions, matters, or things, touching the said District, as shall be presented, or shall come in question, and be referred to them by the House, and to report their opinion thereon, together with such propositions relative thereto, as to them shall seem expedient."

Mr. DRAYTON inquired whether the memorial, asking for liberty to construct the road within the District, had been presented by citizens of the District, or by the Baltimore and Ohio Railroad Company.

He was answered, by the latter.

Mr. INGERSOLL expressed himself very strongly in favor of the motion before the House. idea that the citizens of the District should not be allowed It was an absurd

stand the bill, (and he read it attentively with that view,) Mr. DODDRIDGE said, that, if he could rightly underthere was nothing to prevent this road from passing through the northwest corner of Georgetown, so as to meet the Ohio and Chesapeake canal, at or above the Little Falls, which would prostrate the value of property in this city either held under or by the United States. argument, that this bill had already been under the consiThe other of the District, and before which the inhabitants might deration of a committee who had attended to the interests have appeared and defended their interests, he thought, admitted of this reply: that the same thing might be urged, and with the same propriety, if the former reference had been to any other standing committee-that on Commerce and Manufactures, for instance.

Committee for the District of Columbia, and determined The question was then put on referring the bill to the in the affirmative--yeas 66, nays 57.

COPYRIGHTS.

respecting copyrights."
The House took up the bill "to amend the several acts

[The last section of the bill was substantially as follows:
SEC. 16. That any author or authors, &c. of any book, &c.

to remonstrate against any measure that was not for their who have heretofore obtained the copyright thereof, ac-
interest; or that any portion of them should not be per- cording to law, should be entitled to the benefit of the act,
mitted to memorialize Congress, either to obtain a benefit for such period of time as would, together with the time
from any proposed act of legislation, or to prevent an in- which should have elapsed from the first entry of such
jury likely to arise therefrom.
trict were almost disfranchised; and he thought it would the same privilege to himself, or themselves, his or their
The people of this Dis- copyright, make up the term of twenty-eight years, with
be a hard case to debar them from enjoying the little widow, child, or children, of renewing the copyright at
liberty that was left them.
consulting with the people before passing laws by which rights originally secured under the act, and with the benefit
He saw nothing wrong in the expiration thereof, as is provided in relation to copy-
they were to be governed. He considered the doctrine the several provisions thereof, &c.
of the gentleman from New York as a very singular one, This last section Mr. ELLSWORTH, by instruction of

and should be sorry if it prevailed to any great extent. the Judiciary committee, proposed to strike out, and to in-
He thought the request of the chairman of the committee sert, in lieu thereof, the following:
a very reasonable one, and hoped it would be granted. "And be it further enacted, That, whenever a copyright

Mr. HOWARD said, that, when the memorial was sent has been heretofore obtained by any author, or authors,

H. OF R.]

Reduction of Bounties.

[JAN. 7, 1831.

inventor, designer, or engraver, of any book, map, chart, act of pure justice; for why, he asked, should the author print, cut, or engraving, or by a proprietor of the same, who had sold his copyright a week ago, be placed in a if such author, or authors, or either of them, such inven- worse situation than the author who should sell his work tor, designer, or engraver, be living at the passage of this the day after the passing of that act? He would cite a sinact, then such author, or authors, or the survivor of them, gle case by way of illustration. Webster's Dictionary, such inventor, designer, or engraver, shall continue to have for instance, that unrivalled work, that monument of the the same exclusive right to his book, chart, map, print, cut, learning, industry, and genius of its author. What, he or engraving, with the benefit of each and all the provisions inquired, should that great work, the labor of a whole life, of this act, for the security thereof, for such additional pe- be secured to its author, under the existing law, only for riod of time as will, together with the time which shall have the term allowed in the event of the passing of a bill exelapsed from the first entry of such copyright, make up the tending the period of copyrights? No: all cases came term of twenty-eight years, with the same right to his within the spirit of the measure; and justice, policy, and widow, child, or children, to renew the copyright at the ex-equity alike forbade that any distinction should be made piration thereof, as is above provided in relation to copy- between them. rights originally secured under this act. And if such author, Mr. VERPLANCK adverted to the argument of his or authors, inventor, designer, or engraver, shall not be friend and colleague, [Mr. HOFFMAN,] as to an implied living at the passage of this act, then his or their heirs, contract existing between an author and the public, by executors, and administrators, shall be entitled to the like which the former relinquishes his right to his works, at the exclusive enjoyment of said copyright, with the benefit of end of fourteen years, to the public. The whole argueach and all the provisions of this act, for the security ment was founded on a mistake, apparent to the eye of thereof, for the period of twenty-eight years from the first common sense, and repugnant to the law of the land. entry of said copyright, with the like privileges of renewal There was no contract; the work of an author was the to the widow, child, or children of such author, or authors,result of his own labor. It was a right of property existdesigner, inventor, or engraver, as is provided in relation ing before the law of copyrights had been made. That to copyrights originally secured under this act: Provided, statute did not give the right, it only secured it; it proThat this act shall not extend to any copyright heretofore vided a legal remedy for the infringement of the right, secured, the term of which has already expired."]

and that was the sum of it. It was, he repeated, merely Mr. HOFFMAN opposed the bill, which appeared to a legal provision for the protection of a natural right. him to be at variance with every principle of sound policy. That right was acknowledged by all, and hence the disIt went to establish a monopoly of which authors alone grace attendant on plagiarism and literary piracy. It was would reap the advantage, to the public detriment. The so held in England; and in the great case of literary propeople had rights to be secured as well as authors and perty, tried before the court of King's Bench, the judges publishers: and he would submit to the House whether were unanimously of opinion that an author had an inheit would not be better, in a case of such importance, to rent right in the property of his works. The bill before send the bill into a Committee of the Whole House, where the House went merely to extend the remedy to twentyevery part of it could be fully discussed. He instanced eight years. It was not the granting of a property. Such

the case of any person discovering or inventing any useful is the view, said Mr. V., taken of it in the constitution of improvement in the arts, taking out a patent, and being the United States, and such is my opinion of it. I conobliged to lodge a full specification and an entire model of ceive the bill and the amendment ought to pass into a his work in the proper office, and that, too, so accurately law, as I consider the measure not only politic and proper, and minutely, that a similar one could be made from the but a necessary act of common justice. model and description; and yet, even then, the applicant Mr. HOFFMAN rejoined. His colleague who had received his patent right for fourteen years only, and, at just sat down, had spoken of the right of authors, and the expiration of that period, his invention became the had described the copyright act as simply a remedy for property of the public. the abuse of that right. That seemed to him [Mr. H.] So it should be, said Mr. H., with the author or pub- as amounting almost to a contradiction in terms: for he lisher. There was an implied contract between them and the knew of no right but a remedial right; and he was perpublic. They, in virtue of their copyright, sold their fectly willing to leave authors every right possible, probooks to the latter at an exorbitant rate; and the latter,vided they were not granted the extended remedy of the therefore, had the right to avail themselves of the work, present bill.

plained.

Mr. EVERETT, of Massachusetts, supported the bill and amendment.

when the copyright expired. Besides, it would be a breach Mr. VERPLANCK and Mr. HOFFMAN mutually exof contract with those booksellers who had purchased copyrights of authors heretofore, and whose rights would be infringed upon, should the privileges of the authors of works be extended as proposed by the bill. He trusted that, if they would legislate upon the subject, they would legislate so as to leave the rights of all interested in this matter precisely in their present state.

Mr. ELLSWORTH vindicated the bill, which, he contended, would, in its results, enhance the literary character of the country, by holding forth to men of learning and genius additional inducements to devote their time and talents to literature and the fine arts. He moved an amendment, extending the security afforded by the act to living authors, and, in the event of their death, and their leaving families, to the family, for a further period of twelve years.

Mr. HOFFMAN replied; and was followed by

Mr. HUNTINGTON, who strenuously supported the measure, as one that would do honor to the country, and promote, in the most eminent degree, the advancement of all that ennobles and dignifies intellectual man. He was in favor of the amendment, in particular, as no more than an

The amendment of Mr. ELLSWORTH was then read, and agreed to.

Mr. HOFFMAN moved, as an amendment, to strike out twenty-eight years, and insert fourteen; but the proposition was negatived.

The bill, as amended, was then ordered to be engrossed for a third reading to-morrow-yeas 81, nays 31; and The House adjourned.

FRIDAY, JANUARY 7.

[For the report, see the Appendix.]

REDUCTION OF BOUNTIES.

Mr. McDUFFIE, from the Committee of Ways and Means, reported a bill to reduce the bounty on pickled fish exported.

It was read a first and second time.

Mr. McDUFFIE said that the bill was one of great importance; and it was desirable that it should pass spee

JAN. 7, 1831.]

Claim of James Monroe.

[H. OF R.

dily, as fish that might be exported before the first of the evils--but should we not be exempt from such scourges, month, were entitled, by the present law, to the full where would our battles be fought? Not upon the soil of amount of the bounty which it was the object of the our country, but upon the waves of the ocean. The tripresent hill to reduce. He moved, therefore, that it be umphs of the last war were not, and never could be, forengrossed for a third reading. gotten. The fisheries had been the nurseries of our

He con

He

Mr. ANDERSON rose to request that the bill might seamen, and long might they continue to be so. lay on the table for a short time, to give an opportunity cluded by stating that he considered the bill to have a to examine it. The first notice the House have of the tendency to destroy that valuable branch of our combill is, by having it read by the Clerk; and it is proposed merce, and to root up the school of our most hardy, to Congress to pass it without a moment's time for reflec-enterprising, and skilful seamen. There had been no tion or examination of its provisions. It may be all right, change in the policy of other nations in respect to the and such as we ought to pass; but, as it relates to an im- fishery bounties: Holland, England, and France had conportant portion of citizens, who are indispensable to our tinued their systems, and prospered under them. navigating interest and to our navy, Mr. A. wished, at hoped the bill would be postponed for a few days; and if least, for an opportunity to read the bill before he gave no other member of the House should make a motion to his vote upon it. He felt a deep interest in whatever re- that effect, he himself should feel it his duty to do so. lated to our commerce and our navy, the prosperity of Mr. McDUFFIE said that he did not see the policy of which depended on our fisheries; and whatever depresses the postponement. The argument of the gentleman from the latter, would most assuredly be felt by the former. Massachusetts [Mr. REED] was founded on a mistaken Every maritime Power has seen the importance of en-basis. Every one knew that a large bounty was given on couraging and increasing her fisheries, as the only sure the tonnage of vessels employed for four months in the foundation of her commercial and naval prosperity; and year in the fishing trade; and the law he proposed did he hoped we should not lightly, and without the usual not effect this. It went merely to effect a corresponding consideration, pass any bill that might, in its consequences, reduction in the bounty to the reduction of the duty on injure this nursery of our seamen, and render our navy salt. The duty on salt was formerly twenty cents per dependent on foreigners for men. Look, for a moment, bushel--and a bushel of salt, he believed, was sufficient to Great Britain, the greatest Power on the ocean, and to pickle a barrel of fish. That duty was now only ten let us be mindful to profit by experience. See the en- cents per bushel; and would any gentleman then say, that couragement she has given, and still gives, to maintain the same bounty should be allowed in the one case as in and increase her fisheries. Her fisheries pay no duty on the other? If a delay is wished in this case, why, let it be salt, and yet she gives a greater bounty than we ever have granted; but, said Mr. McD., I give notice that, on the given ours; the effects of which are seen both in her mer-further discussion of this subject, I may, perhaps, be inchant ships and men of war, all manned with her own duced to go into the question of the bounty on tonnage. I subjects. Not so with ours. At this very hour, one-third did hope that no opposition would have been offered to this of all the sailors in our tonnage afloat are foreigners; and measure. I am willing that it be postponed until Monday. it is not in our power to send a single frigate to sea with a full complement of native sailors. The bad effects of this practice of manning our ships will be severely felt when a war shall call us on the ocean. Mr. A. did not know that this bill would have any injurious effect on the fisheries, yet still he wished a short time to examine it, and requested that it might lay on the table until Monday.

Mr. MARTIN said that it was his intention to investigate the whole of the bounty system. Salt and the fisheries were not the only articles of the commerce of the country. He wished gentlemen to understand that he should enter particularly into the question of drawbacks. After some further discussion, the bill was postponed until Monday.

CLAIM OF JAMES MONROE.

The House then, on motion of Mr. MERCER, resolved itself into a Committee of the Whole, Mr. FINDLAY in the chair, and resumed the consideration of the bill "for the relief of James Monroe." The question before the House being on a motion made by Mr. WHITTLESEY, when the bill was last under consideration, to strike out the enacting clause of the bill,

Mr. REED said, the subject had come upon them in so unexpected a manner, that it was scarcely possible to meet it and discuss its merits at once. He was opposed to its being thus rapidly disposed of, before an opportunity was afforded to those who might be interested in it, to give it a due and proper consideration. Mr. Jefferson, when Secretary of State, had entered into a full investigation of the matter, and presented a report upon it, which was, perhaps, unknown to many, but which ought Mr. WILLIAMS said, this was a delicate question, and to be in the hands of all whose duty it was to legislate he was sorry to be impelled by what he believed to be a respecting it. In that report, he took a review of the sense of duty to resist the passage of the bill. He had, practice in England and France, those two great commer- as far as opportunity would enable him to do so, examined cial nations, with regard to the system of bounties gene- the subject, and was clearly convinced the claim was rally, but, in particular, as respected the fisheries. In wholly destitute of foundation. If it be tested by the order that the opinions of that great statesman on this sub-laws and usages of the country, it will be found that ject might be known, he was anxious for the republishing Congress has not only dealt justly, but generously, with of that report. It was as applicable to the present day, the individual whose demand we are now called upon to as to the period for which it was written. The question consider. was one of infinite importance. The fisheries, although Let me not, said Mr. W., be suspected of a design to of direct interest to one class of the community only, were make an appeal to popular topics, or to use declamatory yet of advantage to all: for our trade, our commerce, language, when I say that in this country all men are equal; and our navigation were all, more or less, affected by it. that separate or exclusive privileges and immunities are He would go further; he would state that the fishing busi- not to be allowed to any one. This is the vital principle ness was so poor, that no nation could engage in it with- of the republic, the genius of our Government, and no out the encouragement afforded by national bounties. measure in contravention of it should ever be proposedHe could state this from his own personal observation; at or, if proposed, it should certainly not be adopted. If a least, as far as our own fisheries were concerned. And law be passed for the benefit of any one individual, that let gentlemen also look to the fact, that those fisheries principle of equality which is essential to, and inseparable contributed to the best defence of the country. He did from, the very nature of our political institutions, requires not speak of future wars--he did not anticipate such nay, sir, demands, that all our citizens should be simi

H. of R.]

Claim of James Monroe.

[JAN. 7, 1831.

larly benefited. In this view of the subject, setting aside that the Government has treated him, not only with justhe sum to be paid, the claim of Mr. Monroe is very im- tice, but with generosity, reference being had to the law portant. The sum proposed to be given to him is sixty-and usage which regulate and control the settlement of seven thousand nine hundred and eighty dollars and nine- accounts in all analogous cases. ty-six cents; which is a large amount, considering it merely It is prima facie evidence against the justice of this as a private claim. But great as the sum is, it is not at all claim, that Mr. Jefferson refused to allow it. In his adcomparable in magnitude to the principle involved in it, ministration, the greater part of the service was performbecause the same kind of grant must and should be made ed. He best knew the value of those services, and conseto every other citizen similarly situated. For, if not, that quently could best measure the amount of compensation equal condition of rights and privileges, in which all are to which the individual who rendered them was entitled. taught to repose in confidence and safety, will not be After the lapse of twenty or thirty years, when only a few, maintained. if any, of us can have personal knowledge of the transac We were told the other day that there were some sub-tions referred to, it is not in the nature of things-it is, injects into which members of this House would not inquire. deed, impossible--we should be as well qualified to apIf any gentleman chooses to decide questions before him preciate the merits of the individual, or the value of the without examination, be it so; it is nothing to me; it is an services he rendered, as those who were contemporary affair between him and his constituents. But I think my with him; who were eye-witnesses of his labor; who had duty best performed when I have given to every subject the kindest feelings towards him; and who had ample the fullest examination of which I am capable, and have power to remunerate him for every sacrifice. This fact decided it according to the weight of evidence before me. of itself raises in my mind a strong presumption against It affords me no pleasure to oppose any claim, whether it the justice of the claim, and, unless it be countervailed by comes from a distinguished citizen, from one who has fill-evidence of greater weight, I should think the House ed all the high offices in the country, or from one whose would be indisposed to make the allowance. But the facts life has always been private and obscure, and who never and circumstances of the case, as far as I have been able has filled any office. But distinguished citizens, if they to comprehend them, go to fortify, not to weaken, the persevere in making demands of the Government, must presumption. This, sir, I shall now attempt to show you. expect to have their claims examined; they must and shall Mr. Monroe went as minister to France in 1794, and be dealt with by me in the same manner as if they were returned in April, 1797. This, in the documents before people the most humble and obscure: and if the claims of us, is called the first mission; and, in consequence of it, the latter are to be rejected, so must those of the former. he exhibited an account against the Government, through No difference should be made, but equal and exact justice his agent, Mr. Dawson, amounting in the aggregate to should characterize all our proceedings. thirty-eight thousand six hundred dollars and sixty-seven From what we have heard in this House, and from what cents. This account, I apprehend, was paid at the time has been going on out of it, one might be induced to be- of its presentation, as no proof of a contrary import is to lieve that Mr. Monroe had served his country for nothing; be found among the papers submitted to us for examinathat throughout a long life, embracing a period of many tion. Mr. Monroe, however, complains, that, in settling years, this distinguished patriot had devoted himself to the the account, injustice was done to him in several particupublic without any compensation whatever. But is this lars, which I will endeavor to state in the order in which the fact? No, sir, it is not. So far from it, that it may they are presented. be affirmed as a truth well established and beyond all doubt He alleges that his pay as minister was made to end on or contradiction, that he has received more of the pub- the 6th of December, 1796, when he received his letter lic money than any other citizen in the whole country. of recall, whereas it should have been extended to the 1st In a publication made by the late Governor of Virginia, of January, 1797, the time when he obtained his audience (Mr. Giles,) it was stated that Mr. Monroe had then re- of leave, making a difference of about twenty-five days. ceived as much as four hundred thousand dollars of the It is not necessary, nor shall I attempt, to deny the corpublic money. This statement has never been denied or rectness of the position here assumed. It might have been contradicted by any one; and I believe it can be verified more proper to continue his pay till the audience of leave, by recorded evidence on file in the various departments of than to stop it precisely on the day of his recall. But the Government. If this be true—and I presume no one the error, if it was one, was caused by Mr. Monroe himwill attempt to deny it-what conclusion must follow? self. In the account presented by his friend, Mr. Dawson, Not that Mr. Monroe has served for nothing; not that he Government is charged with his pay only to the 6th of has labored through a long life without any compensation; December, 1796. At the time the account was settled, it but that in serving the public he has also served himself; seems Mr. Monroe himself did not believe he was entithat he has been paid four hundred thousand dollars, tled to pay up to the 1st of January, 1797: for, if he did, which is a greater sum than any other man has received. why was it not so stated? If any one has ever had so much, the fact has entirely In the letter of Mr. Anderson, Comptroller of the Treaescaped my observation. Very certain I am that General sury, it further appears Mr. Monroe was the cause of this Washington did not; neither did Mr. Adams, Mr. Jeffer- error. Referring to this item, in a letter to Mr. Monroe, son, or Mr. Madison, who were his predecessors in the the comptroller says: "The mistake or error in the setPresidential office. Has any other officer of the Govern- tlement of your account, as before stated, appears to have ment had an equal amount? I believe not. Confident I resulted from the date of your letter to the Secretary of am that the Secretary of State, the Secretary of the Trea- State, advising him of the time at which you had received sury, the Secretary of the War, or Navy Department, or his letter of recall, and which must have been taken as the Attorney General, nor any member of either House of Con- time at which you had your audience of leave. gress, has received a sum by any means comparable to that pears to me as the only rational mode of accounting for which has already been paid to Mr. Monroe. Why, then, the departure, in the settlement of your account, from the should it be said that this distinguished individual-for dis- general rule which had been observed in the settlement tinguished I admit him to be-has not been duly compen- of the accounts of our other foreign ministers." sated for his services? Why should the Government be reproached, as it has been in many places, with turning a deaf year to his well-founded complaints? Sir, I deny the correctness of these allegations. I contend that full, ample, and complete justice has been already done to him;

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No blame can, therefore, attach to the Government for the existence of this error. Mr. Monroe was the only person who had knowledge of the fact, and who was competent to correct it. If he chose to be silent, he ought in justice to take all the consequences, for no one could com

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