Mr. BRYAN appealed to the House, and

Mr. NICHOLSON called for the yeas and nays.

The question was then taken, “Is the decision of the Chair correct?” And

it was determined in the affirmative--yeas 81, nays 34.

Mr. LYON, upon this, immediately said, I give up my right; and would not

proceed.

Mr. ELLIOT.--However surprising it may appear to some gentlemen, it is

not so to me, that the language of innocence should be warm and pointed.

We have been told that the letter is couched in disrespectful terms.

For my part, I cannot perceive any thing of the kind in it; and I am

surprised that, as it respects the gentleman who made the charges against

him, that he is so moderate. Gentlemen have said that an inquiry would

be of no service; because, if the charges are true, the officer cannot

be impeached. If gentlemen will advert to the constitution they will

find that “all civil officers are liable to impeachment,” and removal

from office. Surely it will not be contended that the Postmaster-General

is not a civil officer. The gentleman from Maryland (Mr. NICHOLSON)

differs very widely from his friend from Virginia (Mr. RANDOLPH) as to

the Postmaster-General. The former considers him as holding an office

too insignificant to be dignified with an impeachment, while the latter

deems his patronage and influence sufficient to influence or to bribe the

majority of this House. However insignificant the gentleman from Maryland

may think the Postmaster-General, still he is a civil officer, and as

such is liable to be impeached, and removed from office. We have been

told that a combination has taken place between some of those who have

avowed themselves republicans and the federalists, and that the liberties

of the country will be endangered. Sir, we have no danger to apprehend

from monarchists, aristocrats, or federalists.

Our liberty can only be endangered by those description of persons

against whom the gentleman from New York (Mr. ROOT) so emphatically

exclaimed--I mean political demagogues and popular leaders! They have

been the curse and destruction of every Republic, and I fear will be our

destruction. We are cursed with them in this country, and even in this

House. But I trust that the majority of this House are opposed to them.

The great objection which gentlemen make to the inquiry is, that the

letter is couched in too disrespectful terms. Will they please to bear

in mind the charges made against the officer, and, viewing them, is it

not a matter of astonishment that he is so mild? As the letter respects

this House, it is remarkably respectful. Upon what ground, then, can

the investigation be refused? If the charges made are true, the officer

ought to be removed; if untrue, this House ought in justice to him

whose character has been so assailed to declare that they are so. The

gentleman from Virginia (Mr. RANDOLPH) informed us yesterday that the

Postmaster-General kept in his pay a jackall, who went prowling about

this desolate city at midnight, when honest men ought to be asleep,

offering bribes to the members. Sir, the gentleman must have keen optics

to discover this jackall, when he is asleep; for he informs us that

he only goes about when honest men ought to be asleep; and surely the

gentleman is one of that description. Upon every view which I can take of

this subject, I can see no objection to the inquiry, but the strongest

reason in its favor; and justice demands that it should be made.

Mr. NELSON would offer a few remarks to the House, why he was opposed to

the motion. He would not undertake to give an opinion as to the character

of the Postmaster-General, or whether the charges made against him could

be substantiated. His objection was, that the House had nothing to do

with charges made by a member against any individual. If the charges were

true, the President (and not the House) was the proper person to apply

to, to remove the officer. But it had been said that the House had the

power to impeach all civil officers, and, therefore, could impeach the

Postmaster-General. But because the House was invested with that power,

he asked whether they were bound to exercise it? Surely not. And he

hoped they would not, when they could get rid of the officer by a more

summary mode. Late experience had taught them the trouble and expense

attendant on impeachments, and he trusted that no officer would ever be

impeached that could be removed by the President. It would be better to

let them remain in office, although guilty of misbehavior, than to spend

so much time as they would be obliged to do in cases of impeachment.

Suppose the motion should be agreed to, and the committee appointed, he

asked what power they would possess? Were they to declare whether the

charges were true or false? A determination either way would have no

effect upon the House, because they could not, he trusted, impeach the

officer. He was not disposed to do any thing to hurt the character of

the Postmaster-General, but he would not give his sanction to a measure

which would spend so much of the time of the House in deciding what he

considered an affair of private honor and private feelings between two

gentlemen. He also considered that the adoption of the resolution would

pass a censure upon the gentleman who made the charges, and he asked

whether the House were disposed to censure one of its members for any

warm and unguarded expressions about an officer of the Government? He

trusted not. How many times had charges been made in the House against

the President of the United States; but that officer had never thought it

proper to apply to the House for an inquiry into his conduct; nor did the

House ever pass a vote of censure on the members who made them. He looked

upon this as a question of dispute between two gentlemen, and no tribunal

could be erected in the House to decide on it. He should, therefore, vote

against the motion of the gentleman from Massachusetts, (Mr. VARNUM,) and

hoped it would not prevail.

Mr. HUGER knew not what was the opinion of any gentleman as to the

merits of the question, but he was satisfied that a calm decision of

it could not take place at that time. They were about to establish a

precedent, which might be of importance, and it ought to be done after

the utmost deliberation. He called upon gentlemen to say, whether it

was possible that a calm and impartial decision could be given after so

much irritation had been displayed in the debate? In order to afford an

opportunity to gentlemen to give the subject a cool and dispassionate

investigation, he moved to postpone the further consideration thereof

until Monday.

The question was taken thereon, and determined in the affirmative--yeas

93.

The resolution (Mr. Varnum’s motion to refer Mr. Granger’s letter to a

select committee) was never after called up.

_Georgia Claims._

The unfinished business of yesterday on the Yazoo claims was resumed--the

amendment offered by Mr. CLARK, under consideration.

Mr. HOLMES observed that as he was a member of the Committee of Claims,

from whom the report under consideration emanated, he thought it his duty

to state to the House the part he acted on that occasion. I was, said

Mr. H., in all our deliberations upon this subject, decidedly opposed

to the adoption of the report, and in every stage of its progression

used all fair means in my power to produce a different result; in this,

however, I was unsuccessful. My conduct was governed by a firm conviction

that the present claimants had no right in law or equity to the lands in

question, and that policy did not demand the interference of the National

Legislature. Most of the arguments that operated upon my mind then, and

will influence my vote now, have been adduced by gentlemen who preceded

me. It is not my intention to detain the House with a repetition of them;

one or two, however, have occurred to me as worthy of consideration, that

have not been urged. This must be my apology for addressing you after

the able and lengthy discussion the subject has received. I am of the

opinion, Mr. Speaker, that the Legislature of Georgia, of 1795, were not

authorized to dispose of the lands in question, even if they had been

honestly inclined to do so.

Mr. MATTHEW LYON.--From the drift of the speeches delivered by the

member from Virginia, from his call for the Postmaster-General’s report

of a list of his contracts, and from the invitation he has given to an

examination of that report, I am led to consider it a duty I owe to

myself, in this House, and in the face of the world, to take up that

report, and explain the nature of the contracts which there appear

in my name. I find my name seven times mentioned in that report: the

first is in the 12th page, for a contract for carrying the mail from

Cincinnati to Detroit; the second in the same page, and is from Marietta

to Cincinnati; these two contracts I never solicited or bid for, but the

Postmaster-General having advertised for proposals, and having received

none that he thought reasonable, they being new routes and to be let for

one year only, he wrote to me offering the price they stand there at,

and I undertook to get the business done. For the performance of the

latter contract I gave every cent I received, and without saving one

penny for a great deal of trouble, risk, and perplexity, I had taken upon

myself to get it effected. From the other I saved a few dollars toward

paying me for the care, trouble, and responsibility I had sustained

on the occasion. Long before these contracts were out, I informed the

Postmaster-General that I should take neither of them again, and the

contract from Cincinnati to Detroit was let to another person at $105 60

more than was given to me; this may be seen in the 22d line of page 20 of

the same report.

The third time my name is mentioned is in the same 12th page, and is from

Hartford to Fort Massac, a distance of about 180 or 190 miles, for which

$654 75 is paid; out of this $65 is to be paid for ferriage. For some

parts of this route I am obliged to give much more than a proportionate

share of what I receive; some other parts I give a trifle less; sometimes

my own horses carry the mail. I cannot with precision tell what is lost

or gained in it, but it cannot be $50 either way. The fourth contract is

also in the same page, it is from Russelsville to Eddygrove, or, rather,

Eddyville; it is 80 miles, for which $240 is paid; this is as low if

not lower than the price given any where south or west of this place,

and I give to the person who performs it the whole amount of what I

receive. The fifth and sixth time my name is mentioned in that report is

in the 28th page--those are merely a renewal of the two last-mentioned

contracts, which had expired in 1803; all of those contracts were made

before I was elected to my present seat in this House, before I had the

pleasure of a personal acquaintance with the present Postmaster-General,

and before I ever spoke with him.

The seventh contract is noticed in the last page of the

Postmaster-General’s report, which is from Massac to New Madrid, from

Kaskaskias to Girardeau, from Cahoka to St. Louis, a distance of more

than 200 miles, for $515, out of which more than $150 must be paid for

ferriage, at the rate ferriages stood at the time of the contract.

This is the true history of the contracts by which it is insinuated

that the Postmaster-General has bribed me. I never was bribed, sir;

it is not all the lands and negroes my accuser owns that could tempt

me to do a thing which honor or conscience dictated to me to avoid. I

could, sir, if it was pertinent, show how the over-vigilance of the

present Postmaster-General has deprived me of the benefit of the only

profitable contract I ever made with the Government--a contract made

with his predecessor which he very improperly, in my opinion, considered

void on account of some words in it not being exactly consonant with

the intention of the contracting parties; believing, however, that the

Postmaster-General designed to do what he thought right, he has not lost

my esteem, nor do I think his character can be injured by the braying of

a jackall or the fulminations of a madman.[25]

Mr. J. CLAY.--It was not my intention to have troubled the House with any

observations on the subject, but I think a view may be taken different

from any exhibited by the gentlemen who have preceded me. Some of the

gentlemen who have advocated the appropriation of the land to satisfy

the New England Mississippi Land Company, have been content to rest the

claim upon the ground of policy. They have said that if some mode should

not be taken to satisfy the Yazoo speculators, they would be incessantly

troubling Congress. If these men have any title, it must be by right

of pre-emption; and yet that title it was not practicable for them to

acquire, as the State of Georgia could not extinguish the Indian title.

Notwithstanding, however, their imbecility, the Legislature of Georgia,

of 1796, undertook to grant an estate in fee simple. It will require more

time to examine this question, and perhaps more abilities than I possess;

but I cannot conceive how Georgia had a pre-emption title to the land,

while the Indian title still existed. The Congress of the United States

possessed the sole power of extinguishing the Indian title to lands

within their territories; no individual State has either the right or the

power of extinguishing the Indian title to any lands they may claim. Of

course, Georgia had no right to grant a title in fee simple.

We are told of the policy of compromising with these speculators, and

that they are innocent purchasers. How are they so? Are they not the

very men who purchased a fraudulent claim, and does not their deed carry

on the face of it a proof that they knew it to be fraudulent? There is

also a strange coincidence: These people’s deeds are dated February

13th, 1796, the very day that the rescinding act was passed, but these

instruments were not all executed until May following. [Here Mr. J.

Clay read several passages from the pamphlet published by the agents of

the New England Yazoo Company, and compared them with the resolution of

Congress passed on that subject, from which he inferred an acknowledgment

of the present claimants, that they purchased a disputed title.] He went

on to state that Governor Strong, who was at that time a Senator of

the United States, was made acquainted with the whole transaction; and

it could not but be presumed that he and the Massachusetts delegation

communicated to their constituents the circumstance.

The general notoriety of the fraud, said Mr. CLAY, is such as to convince

any man that the present claimants are not innocent purchasers. The very

conditions under which they purchased, demonstrate this. They undertake

to stand in the shoes of men who had defrauded the State of Georgia

through a corrupt Legislature, and when they paid their money, they

conditioned that it should not be repaid them, by reason of any defect in

the title. The petitioners take it for granted, that, whatever was the

fate of the original compact, though bottomed in fraud and consequently

null, they have no other resource than in the mercy of this House. Why

did they make that stipulation in their deed? Why not take a general

warrantee? If the deeds had been executed in the usual manner, they

could have recovered their money from the party who had practised upon

them. But, notwithstanding that article, I still think they should have

recourse to the original grantees; let them go to them, and a court of

equity will do them justice.

I have no idea of supporting questions of property upon grounds of mere

policy; I shall never be inclined to squander millions of the public

money, because a gang of swindling speculators may enter this House

and prove troublesome to its members. The agents of these men have

accidentally acknowledged that they cannot extinguish the Indian title,

and, therefore, they cannot get possession of the land. What is a man

to get by a contract, when it is impossible to comply with the terms?

I was in hopes, that the representation from the State of Pennsylvania

would have been unanimous on this question: they ought to know, from the

salutary experience of their own State respecting land speculations,

whether it relates to the Connecticut, Susquehanna, or Delaware

Companies, who have kept a part of our State in a continual broil for

fifty years, while another set of men, under the garb of the Population

and Holland companies, have thrown their warrants over the north-western

corner of the State, and are likely to defeat the great objects which

the Legislature had in view, when they disposed of the lands to actual

settlers alone. I trust, however, that they will be defeated, and that

the courts of justice will determine the case in the manner in which it

was recently decided. I regret that the oldest member of Congress from

our State, should, at this late hour, abandon those republican principles

which he has so long and so ably maintained, to support a band of Yazoo

speculators. For my part, I must be an altered man indeed, if I ever

consent to a compromise with a gang of speculators holding a title

founded in fraud and speculation.

The yeas and nays were then taken on the resolution of the Committee of

Claims, and decided in the affirmative--yeas 63, nays 58, as follows:

YEAS.--Willis Alston, jun., Simeon Baldwin, Silas Betton,

Phanuel Bishop, Adam Boyd, John Boyle, John Campbell,

William Chamberlin, Martin Chittenden, Clifton Claggett,

Jacob Crowninshield, Manasseh Cutler, Richard Cutts, Samuel

W. Dana, John Davenport, John Dawson, John Dennis, William

Dickson, Thomas Dwight, James Elliot, Ebenezer Elmer, William

Eustis, William Findlay, John Fowler, Calvin Goddard, Gaylord

Griswold, Roger Griswold, Seth Hastings, William Helms, John

Hoge, James Holland, David Hough, Benjamin Huger, Samuel Hunt,

John G. Jackson, Nehemiah Knight, Simon Larned, Joseph Lewis,

jr., Henry W. Livingston, Thomas Lowndes, Matthew Lyon, Nahum

Mitchell, Jeremiah Morrow, James Mott, Thomas Plater, Samuel

D. Purviance, Erastus Root, Henry Southard, Joseph Stanton,

William Stedman, James Stephenson, Samuel Taggart, Benjamin

Tallmadge, Samuel Tenney, Samuel Thatcher, David Thomas, George

Tibbits, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg

Wadsworth, Matthew Walton, Lemuel Williams, and Marmaduke

Williams.

NAYS.--Isaac Anderson, David Bard, George Michael Bedinger,

William Blackledge, Walter Bowie, Robert Brown, Joseph Bryan,

William Butler, Levi Casey, Thomas Claiborne, Christopher

Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick

Conrad, John B. Earle, John W. Eppes, Peterson Goodwyn, Andrew

Gregg, Thomas Griffin, John A. Hanna, Josiah Hasbrouck, Joseph

Heister, David Holmes, Walter Jones, William Kennedy, Michael

Leib, John B. C. Lucas, Andrew McCord, David Meriwether,

Nicholas R. Moore, Thomas Moore, Roger Nelson, Anthony New,

Thomas Newton, jr., Joseph H. Nicholson, Gideon Olin, Beriah

Palmer, John Randolph, Thomas M. Randolph, John Rea of

Pennsylvania, Jacob Richards, Samuel Riker, Thomas Sammons,

Thomas Sanford, Ebenezer Seaver, James Sloan, John Smilie, John

Smith, Richard Stanford, John Stewart, Philip R. Thompson,

Abram Trigg, Isaac Van Horne, John Whitehill, Alexander Wilson,

Joseph Winston, and Thomas Wynns.

The resolution was of consequence agreed to.

Mr. J. RANDOLPH.--On this question I have nothing more to say than to

congratulate my friends on the vote just taken. We are strong in the

cause of truth, and gentlemen will find that truth will ultimately

prevail. When I compare the votes of this session with some of the votes

of the last, my objections to refer this subject are almost done away. In

whatever shape the subject may be again brought before the House, it will

be my duty, and that of my friends, to manifest the same firm spirit of

resistance, and to suffer no opportunity to pass of defeating a measure

so fraught with mischief.

[On a subsequent day, a bill was introduced for compromising the claims;

but it was not acted upon by the House during the remainder of the

session.][26]

WEDNESDAY, February 6.

_Post Roads._

The House resolved itself into a Committee of the Whole on a motion of

the seventh of December last, respecting “the establishment of a post

road from Knoxville, in the State of Tennessee, to the settlement on the

Tombigbee River, in the Mississippi Territory, and from thence to New

Orleans; also, for the establishment of a post road from Georgia to the

settlements on the Tombigbee, to intersect the former road at the most

convenient point between Knoxville and the Tombigbee;” to which Committee

of the whole House were also referred on the tenth of the said month of

December, and on the first instant, the report of a select committee, and

a Message from the President of the United States, on the same subject.

Mr. G. W. CAMPBELL observed, that having introduced this resolution,

he would very briefly state some of the reasons that induced him to do

so, and the grounds upon which he expected the committee to adopt it.

He stated the object of the measure to be two-fold: 1st. To obtain a

direct route for the transportation of the mail from Knoxville, and

also from Georgia, to the Tombigbee settlements, and thence to New

Orleans, in order to facilitate the communication with those places by

means of the mail. And 2d. To open a communication from East Tennessee

to the same places for commercial purposes. This measure, he said, was

important to the citizens of East Tennessee, in both those points of

view. The mail was conveyed at present, he observed, by a circuitous

route, from Knoxville to Nashville, two hundred miles, thence to Natchez,

at least five hundred miles, and thence to New Orleans, nearly three

hundred miles; making in the whole, from Knoxville to New Orleans, one

thousand miles. Whereas the distance from Knoxville to New Orleans by

the route proposed to be opened, would not much, if any, exceed five

hundred. A gentleman of undoubted veracity, who resided some years in

the country through which this road will pass, in the service of the

Government, estimates this route in the following manner: From Knoxville

to Tellico, thirty-three miles. This part of the route passes through

a settled country, and is at present a good road. From Tellico, to a

place called the Hickory Ground, in the Creek Nation, near the junction

of the Coosa River with the Tallapoosa, where they form the Alabama and

about twenty miles from the Tuckabatchee settlements, two hundred and

twenty miles. From thence to Fort St. Stephen’s on the Tombigbee River,

about one hundred miles; and thence to New Orleans, a direct course,

about one hundred and fifty miles, making in all five hundred and three

miles; and the largest calculations, as I had been informed, made by

the Postmaster-General, of this road from Knoxville to New Orleans, was

five hundred and fifty miles; making very little more than half the

present route. Add to this the distance from Washington to Knoxville,

according to the estimated post route, five hundred and forty-seven

miles, and the whole distance from Washington to New Orleans, passing by

Knoxville--and from thence the proposed route will be about one thousand

and fifty miles. This saving of between four and five hundred miles,

in transporting the mail from Knoxville to New Orleans, is certainly a

very important object to all those who may communicate with the latter

place, by means of this route. This road is still more necessary, for

the purpose of affording a communication from East Tennessee to the

settlement on the Tombigbee, or the eastern parts of the Mississippi

Territory. The only mode of communication at present with that country,

is by the post road already stated, by Nashville to Natchez, seven

hundred--and thence to the Tombigbee, about two hundred; making nine

hundred miles. Whereas the real distance along the proposed route, as has

been stated, will not exceed three hundred and fifty, or at most between

that and four hundred.

The effect of this circuitous route is, at present, to cut off the

communication almost entirely with that country.

But the second object for which we wish this road opened, viz: for

commercial purposes, is still more important to our citizens; and is

essential for the prosperity of our country.

The only mode by which the people of that country can, at this time,

convey their produce to market, is by boating it down the river Tennessee

into the Ohio, then along that to the Mississippi, and down that river

to New Orleans. Our boatmen employed in this trade are obliged to return

by land, as the same boats that carry produce down those rivers, cannot

ascend them, and there is but little navigation yet, in boats of any

kind, up those waters into the State of Tennessee; and no boats of any

considerable burden can pass up the river Tennessee, through the Muscle

Shoals, to the eastern part of the State. The only route by which those

boatmen can now return from New Orleans, is that already stated, on

which the mail is conveyed, being between four and five hundred miles

more than they would have to travel by the proposed route. The present

road also passes over the Cumberland mountain, a part of which is very

bad, and a wilderness at this part of the route, subject to the Indian

claim, of between seventy and one hundred miles, without inhabitants. It

also passes through another wilderness between Nashville and Natchez,

subject to the Indian claim, of about four hundred miles, a considerable

part of which is stated to be very bad road in winter, and that there

are many large water courses to be passed. The difficulties are so great

that few of our citizens are willing to embark in this trade, and our

farmers, having no convenient vent for their surplus produce, have little

or no inducement to industry beyond what may be necessary to produce the

ordinary supplies of subsistence. This in a very great degree retards

the progress of agriculture, and consequently the prosperity of our

country. It is therefore hoped that this House will feel disposed to

encourage the farming interests of our infant country by removing those

obstacles to its progress that the State authority is incompetent to

effect, and that prove so materially injurious to the interests of our

citizens. Here it may be proper to remark that this proposed road, so

far as it is desired to be established by this measure, passes through

a country belonging entirely to the United States, except about sixty

miles, and most of it subject to the claim of Indian tribes, being the

Mississippi Territory until it enters West Florida, or Orleans Territory.

This distance of about sixty miles alluded to, is from Tellico, on the

frontiers of the settlements in East Tennessee, to a point beyond the

south boundary of that State in the State of Georgia, and near the limits

of the Mississippi Territory, being also subject to the Indian claim.

A road has already been authorized to be opened in this direction; has

been viewed and designated by commissioners appointed for that purpose

from our State, at the expense of the State, and it is expected, by this

time, has been opened, being designed to afford us a communication with

the State of Georgia. This road will answer the proposed route--at least

as far as the limits of our State--being, as before stated, about sixty

or seventy miles from Tellico, and about one hundred from Knoxville.

There will therefore remain only about one hundred miles (or very little

more, if any) to be opened, to the point at which the road proposed from

Georgia will intersect this route. From this view of the subject, it

will appear we do not require the United States to be at any expense in

opening a road within the limits of the State of Tennessee, but only to

open it through a country belonging exclusively, except the Indian claim,

to the United States. With regard to the roads proposed to be opened from

Georgia to the Tombigbee settlements, so as to intersect the former road

at the most convenient point between Tellico and the said settlements,

what has been advanced to show the necessity of the former road will

apply with equal force to this. The only route by which the people of

Georgia can at present communicate with New Orleans, by means of the

mail, or travel to that place along any authorized road, is that already

stated, from Knoxville; thence by Natchez to New Orleans; and the people,

even on the frontiers of that State, have to travel nearly three hundred

miles to Knoxville to take this route, and are not then much, if any,

nearer New Orleans than when they set out. This in a great degree cuts

off this communication with that country. The road proposed to be opened

from Georgia, according to the best information, will intersect the road

from Knoxville, near the junction of Coosa and Tallapoosa Rivers, and

about two hundred miles, or somewhat more, from the latter place--of

which, as already stated, one hundred miles at least are opened, and only

about one hundred remain to be opened. The country through which the road

from Knoxville will pass, is represented, by those who are acquainted

with it, and who have resided many years among the Indian nations that

inhabit it, to be a fine, open country, generally dry without being

broken by any mountains, and very few streams of any considerable size

to be crossed, and no large rivers until you arrive at the Tombigbee. It

will pass along the high lands that lie between the waters falling into

the Tennessee River, and those that are discharged into the Coosa and

Alabama Rivers, and will require but little expense to be made a good

road. We hope, therefore, upon viewing all those circumstances, Congress

will agree to afford us the aid we require, and which is essentially

necessary to enable us to resort to the only market that will compensate

our farmers for their industry, encourage agriculture and commerce, and

promote the prosperity of our country.

When Mr. W. had concluded, the committee rose, and had leave to sit again.

TUESDAY, February 12.

_Counting Electoral Votes._

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