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FEBRUARY, 1797.]

Negotiation with the Mediterranean Powers.

[H. OF R.

The committee then rose, and the House took | Foster, Dwight Foster, Chauncey Goodrich, Roger up the amendments reported by the Committee Griswold, Robert Goodloe Harper, Thomas Hartof the Whole. Whereupon, the first amend-ley, John Heath, William Hindman, Francis Malment reported by the Committee of the Whole bone, Frederick A. Muhlenberg, William Vans MurHouse, for adding a new section, to be the ray, Josiah Parker, John Read, Samuel Sewall, second section of the said bill, being read, in Nathaniel Smith, Samuel Smith, William Smith, John Swanwick, George Thatcher, and Peleg Wads the words following, to wit: worth.

"And be it further enacted, That the sum of dollars be, and the same is hereby appropriated for the purpose of finishing the frigates now building, called the United States, Constitution, and Constellation; and that the same be paid out of the surplus of revenue and income, which may accrue to the end of the year one thousand seven hundred and ninetyseven, after satisfying the objects for which appropriations have been heretofore made."

Mr. W. SMITH said, as the question would first be taken on the amendment and then upon the resolution as amended, a member who wished to vote for the finishing of the frigates, but not for the repeal, would not have an opportunity of showing his sentiments by the yeas and nays. In order that members who thought with him might have an opportunity of showing their vote, he called for the previous question upon the proposition.

The bill was then recommitted to a Com

mittee of the Whole, in order to have the blank for the sum to be appropriated for finishing the vessels inserted, and was filled with $172,000.

TUESDAY, February 21.

Negotiation with the Mediterranean Powers. Mr. W. SMITH moved that the House should go into a committee on the business, which would require the galleries to be closed; the SPEAKER accordingly put the question for going into a Committee of the Whole on the bill to authorize a negotiation with the Mediterranean Powers, which, being carried, the galleries were cleared accordingly.

After the galleries were cleared, the bill was agreed to with amendments, and ordered for a third reading to-morrow.

On motion that the House come to the follow

The SPEAKER declaring that this motion was not in order, Mr. W. SMITH called for the yeasing resolution: and nays upon the amendment.

Mr. SITGREAVES said, rather than not obtain an appropriation for finishing the frigates, he should vote in favor of the amendment, though he was of the same opinion with the gentleman from South Carolina (Mr. W. SMITH) as to the unfairness of the proceeding.

Mr. DENT was of the same opinion.

Mr. MUHLENBERG said as the amendment stood annexed to the other bill, he should vote against it; though, if the subject had continued in a separate bill, he should have voted in favor of it.

The question was then taken on the amendment, and decided in the affirmative, 59 to 25, as follows:

YEAS.-Theodorus Bailey, Abraham Baldwin, David Bard, Thomas Blount, Nathan Bryan, Dempsey Burges, Thomas Claiborne, John Clopton, Joshua Coit, Isaac Coles, William Cooper, Henry Dearborn, George Dent, William Findlay, Jesse Franklin, Nathaniel Freeman, jr., Albert Gallatin, Ezekiel Gilbert, James Gillespie, Henry Glenn, Christopher Greenup, Andrew Gregg, Carter B. Harrison, John Hathorn, Jonathan N. Havens, James Holland, Andrew Jackson, John Wilkes Kittera, George Leonard, Edward Livingston, Matthew Locke, Samuel Lyman, William Lyman, Samuel Maclay, Nathaniel Macon, James Madison, John Milledge, Andrew Moore, Anthony New, John Nicholas, Alexander D. Orr, John Page, John Patton, John Richards, Robert Rutherford, John S. Sherburne, Samuel Sitgreaves, ThompBon J. Skinner, Jeremiah Smith, Israel Smith, Isaac Smith, Richard Sprigg, jr., Thomas Sprigg, Zephanish Swift, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, John Williams, and Richard Winn.

NAYS-Theophilus Bradbury, Daniel Buck, Samnel W. Dana, James Davenport, George Ege, Abiel

"Resolved, That the injunction of secrecy upon the members of this House, so far as it relates to that part of the communication made by the President, by his Message of January 9, which has been printed, be taken off, and that all future debates and proceedings thereon be had with open doors."

A motion was made to insert, after the words "be taken off," "together with the letter of Messrs. Barlow and Donaldson, of April 5, 1796." The question on the amendment was taken by yeas and nays, and lost-yeas 19, nays 65.

The main question was then taken by yeas and nays, and resulted-yeas 53, nays 36.

Reports of the Secretary of State, relative to the present situation of affairs with the Dey and Regency of Algiers, accompanying the following confidential Message from the President of the United States, received the 9th of January, 1797: Gentlemen of the Senate, and

of the House of Representatives: Herewith I lay before you, in confidence, reports from the Departments of State and the Treasury, by which you will see the present situation of our affairs with the Dey and Regency of Algiers.

G. WASHINGTON.

UNITED STATES, January 9, 1797.

To the President of the United States, the Secretary of
State respectfully makes the following brief representa-
tion of the affairs of the United States, in relation to
Algiers:

When Colonel Humphreys left America, in April, 1795, he was accompanied by Joseph Donaldson, Esq., who had been appointed Consul for Tunis and Tripoli; and him Colonel Humphreys was authorized to employ in negotiating a Treaty with Algiers, while he should proceed himself to France, for the purposo

H. OF R.]

Negotiation with the Mediterranean Powers.

[FEBRUARY, 1797.

of obtaining the co-operation of that Government in | O'Brien from Lisbon to London, in the brig Sophia, this negotiation.

They arrived at Gibraltar on the 17th of May. Colonel Humphreys concluded that it was expedient for Mr. Donaldson to go first to Alicant, rather than Algiers, in order to be near at hand, to ascertain facts and profit of occasions. He gave him instructions accordingly; and having also instructed Mr. Simpson, our Consul at Gibraltar, to renew our peace with the Emperor of Morocco, Colonel Humphreys sailed from Gibraltar the 24th of May, and arrived at Havre de Grace on the 26th of June; from whence he set off immediately for Paris. The object of his mission was communicated by our Minister, Colonel Monroe, to the Committee of Public Safety. On the 1st of July he had received only a verbal answer, that the French Government was disposed to interest itself, and to do every thing in its power, to promote the accomplishment of our wishes on the subject in question. On the 28th, assurances were received that immediate measures should be taken for giving particular instructions to the agents of the Republic, to use its influence in co-operating with us. multiplicity of affairs with which the officers of Government were occupied, and the getting from London a sum of money necessary to purchase the usual peace presents, prevented a conclusion of this arrangement at Paris until September. It had been judged expedient, by Colonel Humphreys and Colonel Monroe, that Joel Barlow should be employed in the negotiation with the Barbary States, and his consent had been obtained. By the 11th of September, all the writings on the part of Colonel Humphreys were prepared for Mr. Barlow, to proceed with the instructions and powers from the Government of the French Republic to its agents in Barbary, in favor of our negotiation.

The

Colonel Humphreys left Paris the 12th of September, and reached Havre the 14th, where he found the master and mate of the United States brig Sophia, both sick with fevers. While waiting there impatiently for their recovery, he received intelligence from our Consul at Marseilles, that Mr. Donaldson had concluded a Treaty of Peace with the Dey of Algiers; nevertheless, Colonel Humphreys thought it expedient that Mr. Barlow should proceed with the presents prepared and preparing at Paris; for, if not needed at Algiers, they would be wanted in the negotiation with Tunis and Tripoli.

About the 5th of October, Colonel Humphreys sailed from Havre, and after a stormy passage of more than forty days, arrived at Lisbon on the 17th of November. There he found Captain O'Brien, who had arrived about the 1st of October, with the Treaty with Algiers.

On the 3d of September Mr. Donaldson arrived at Algiers, and on the 5th the Treaty was concluded, and the peace presents immediately given, by a loan. Mr. Donaldson, knowing that funds had been lodged in London to answer his stipulations, engaged to make the payments in three or four months.

Colonel Humphreys had received advice, under date of the 30th July, from the Messrs. Barings, in London, to whom the funds had been remitted, that, having made progress in the sales of the United States' stock, they should hold, at his disposal, the whole of the value of $800,000, meaning to furnish, by anticipation, the value of that part which remained unsold, if the service of the United States required it. Colonel Humphreys, counting on the money as always ready after this period, sent Captain

to receive it. Owing to contrary winds, she did not leave Lisbon till the 24th of December. The other details, relative to the pecuniary transactions, appear in the report of the Secretary of the Treasury.

The disappointments in the pecuniary negotiations, put the Treaty in jeopardy; the Dey threatened to abandon it, and it was with extreme difficulty that it was prevented. Mr. Barlow did not arrive at Alicant until February, 1796, where he proposed to wait the arrival of the funds: but, after a little time, his intelligence from Algiers showing that our affairs were in a critical situation, he determined to go thither immediately, with the hope of soothing the Dey. He arrived there the 4th of March; they had before prolonged the time to the 8th of April for the payment of the stipulated sums. On the 3d of this month the Dey declared what should be his final determination-that in eight days Mr. Barlow and Mr. Donaldson should leave Algiers; and if, in thirty days after, the money was not paid, the Treaty should be at an end, and his cruisers should bring in American vessels. Under these circumstances, and as the last hope of saving the Treaty, they were induced to offer the present of a frigate-this fortunately succeeded. For the particulars of this transaction, the Secretary begs leave to refer to the enclosed letter from Messrs. Barlow and Donaldson.

Colonel Humphreys not deeming himself authorized to confirm this promise of a frigate, referred the matter to the Executive of the United States; and for this end despatched Captain O'Brien, in the brig Sophia, to America. There was evidently no alternative; and the promise was confirmed.

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The frigate is now building in Portsmouth, New Hampshire, and is expected to be finished in the spring. Captain O'Brien returned to Lisbon, where he arrived on the of July. Colonel Humphreys had advantageously negotiated bills on London for $225,000. This sum was embarked on board the Sophia, and, on the 3d of August, Captain O'Brien set sail for Algiers. He has not since been heard of, and there is room to fear that some misfortune has befallen him. The money was insured at a small premium, against the danger of the seas; against all risks they demanded so high a premium as Colonel Humphreys judged it inexpedient to give, seeing the Sophia was a vessel of the United States, having a special passport from the President, as well as a passport in the Turkish language, under the seal of the Dey of Algiers.

Such arrangements have been made by Mr. Barlow and Mr. Donaldson, at Algiers and Leghorn, as will doubtless insure the payment of the $400,000 originally expected from the latter place; and the same house have become engaged to the Dey and Regency for the residue of the money due as the price of peace, without which he would not agree to the redemption of the captives.

The Secretary of the Treasury estimates
these further sums to be provided to fulfil
the terms of the Treaty
For two years' annuities to the Dey
To which are to be added the 10,000
soquins promised by Mr. Barlow and Mr.
Donaldson, mentioned in their letter
And the expenses of the captives perform-
ing quarantine at Marseilles, and trans-
porting them to America, estimated by
the Consul at Marseilles, at about

$255,759 99,246

18,000

6,500 379,505

FEBRUARY, 1797.]

John Cleves Symmes.

[H. OF R.

On motion of Mr. GALLATIN, the title was changed to "a bill to authorize the PRESIDENT OF THE UNITED STATES to apply further sums to defray the expenses of the negotiation with the Dey and Regency of Algiers."*

On the 31st ultimo I received a letter from Mr. | thaniel Macon, William Strudwick, John Swanwick, Barlow, dated the 13th of July, informing that the Abraham Venable, and Richard Winn. agent, Mr. Famin, at Tunis, who had been recommended to him by the French Consul Herculias, had concluded, with the Bey of that Regency, a truce for six months, from the 15th day of June last, and that without any presents. TIMOTHY PICKERING, Secretary of State. DEPARTMENT OF STATE, January 6, 1797.

WEDNESDAY, February 22.

Mediterranean Powers.

The bill for making appropriations to defray the expense of negotiations with Mediterranean powers, was also read the third time. The provisions of this act, (which has been the subject of the various discussions which have lately taken place with closed galleries) are to the following effect:

"That the President of the United States be, and he is hereby authorized to apply a sum not exceeding 255,759 dollars and three cents, to the expenses which may have been incurred in any negotiations with Mediterranean powers, beyond the sums heretofore appropriated; and that the said sum of 255,759 dollars and three cents, be, and the same is hereby appropriated for that purpose; and that a further sum not exceeding 96,246 dollars and 63 cents, be, and the same is hereby appropriated for discharging the two first years' annuity to the Dey and Regency of Algiers, pursuant to treaty, in addition to the sum appropriated for that purpose by the act of the sixth of May, 1796."

On the question being put that the bill do pass, Mr. GREENUP said he never liked the bill in any shape whatever; he would therefore express it now. He then called for the yeas and nays, which were taken, and stood ayes 63, noes 19, as follow:

YEAS.-Fisher Ames, Abraham Baldwin, Theophilus Bradbury, Nathan Bryan, Daniel Buck, Dempsey Burges, Thomas Claiborne, Joshua Coit, Isaac Coles, William Cooper, James Davenport, Henry Dearborn, George Dent, George Ege, William Findlay, Dwight Foster, Jesse Franklin, Nathaniel Freeman, jr., Albert Gallatin, Ezekiel Gilbert, Henry Glenn, Chauncey Goodrich, Rogert Griswold, Robert Goodloe Harper, Carter B. Harrison, Thomas Hartley, Jonathan N. Havens, Thomas Henderson, William Hindman, Aaron Kitchell, John Wilkes Kittera, George Leonard, Matthew Locke, Samuel Lyman, James Madison, Francis Malbone, John Milledge, Andrew Moore, Frederick A. Muhlenberg, John Nicholas, Alexander D. Orr, John Page, Josiah Parker, Elisha R. Potter, John Richards, Robert Rutherford, John S. Sherburne, Samuel Sitgreaves, Thompson J. Skinner, Jeremiah Smith, Nathaniel Smith, Israel Smith, Isaac Smith, Richard Sprigg, jr., Thomas Sprigg, Zephaniah Swift, George Thatcher, Richard Thomas, Mark Thompson, Philip Van Cortlandt, Joseph B. Varnum, Peleg Wadsworth, and John Williams.

John Cleves Symmes.

On motion of Mr. GALLATIN, the House took up the bill in addition to an act for granting certain lands to John Cleves Symmes and his associates; when

Mr. Corr moved to strike out the first section. His object, he said, was to gain information, particularly with respect to the survey.

Mr. GALLATIN (who was Chairman of the Committee which made the report) gave a concise history of the business; which satisfied Mr. Corr, who withdrew his motion; and the bill was ordered to be read a third time to-mor

row.

The particulars of this case are as follows:

John Cleves Symmes and his associates entered into a contract with the United States in the year 1787, for a million acres of land in the North-western Territory, at a time when the geography of that country was not well understood. The tract was to extend twenty miles up the Great Miami to the Little Miami; but when this line came to be measured, it was found that it cut the Little Miami in several places on land which had been reserved by Virginia at the cession of this Territory to the United States. Mr. Symmes was down in the country before he knew the line thus drawn would thus cut into the lands of Virginia. The first thing he did was to take possession of the country which is between Fort Washington and the Little Miami, and to sell as much as he could of it. General St. Clair, the Governor of that Territory, threatened to drive Mr. Symmes and the settlers off this territory to which he had no right. The innocent settlers, who had purchased the land of Mr. Symmes, sent forward representations of their case to the PRESIDENT, which, together with the representations of the Governor, produced an act to change the boundary line of the purchase, which was passed April 12, 1792. This act describes the boundary line of the tract of land to be between

*The whole expense of procuring peace from Algiers, and forbearance to prey upon our citizens and commerce, and to redeem the captives, was then about one million of dollars; and the alternative was between paying that amount and carrying on war against her. War preparations had begun, and six frigates had been authorized to be built. A war with Algiers, then a formidable power, (and of course with the rest of the Barbary States,) was a very serious undertaking to the United States at that time-the cost great and certain-the issue uncertain. The greatest powers of Europe paid tribute to these barbaric pirates: it was no disgrace to the infant United States to do the same: and the redemption of the captives was a further inducement, founded in humanity: so that the price of peace became a question of

NAYS.-David Bard, Thomas Blount, Samuel J.
Cabell, Gabriel Christie, John Clopton, James Gil-
lespie, Christopher Greenup, John Hathorn, John
Heath, James Holland, Andrew Jackson, George
Jackson, William Lyman, Samuel Maclay, Na-economy.
VOL. II.-6

Indirect Taxes.

[FEBRUARY, 1797

THURSDAY, February 23.
Direct and Indirect Taxes.

INCOME AND EXPENDITURE.

H. OF R.] the two Miamis and the Ohio. Mr. Ludlow was sent to survey it in 1793, when it was found, that instead of there being one million of acres, there were only five hundred and forty-three thousand nine hundred and fifty, which was Mr. GALLATIN hoped that the motion would duly surveyed, and the survey lodged in the not prevail. He believed he was the only person Treasury Office on the 10th of January, 1794. who had said, that he was not desirous that the Here arose the first difficulty. The act passed bill laying a direct tax should pass this session. to change the boundary line could not take For it was true, that, although he was a strong place without the consent of Mr. Symmes. In advocate for a direct tax-although he thought consequence, the law was said to be enacted at a sufficient permanent revenue could not be the request of Mr. Symmes. In 1794, Mr. S. drawn from any other source, yet he did not had not made any request, consequently the law wish the law to pass during the present session; was a nullity. He might at that time have said, and the reason was, because he had not a suffihe would not have the land upon any other than cient reliance upon is own opinion, to wish a the original contract, and that it was the busi- subject of this sort to come into being against ness of the United States to make up the de- the opinion of so many members of this House ficiency; and, if he had so acted, it is probable as appeared to be opposed to it. When the Congress would have been obliged to have United States shall think it necessary to go into found him one million of acres of land, agree- the measure, he trusted it would pass with ably to his contract; but, at that time, lands great unanimity. At present, he doubted were not raised to so high a price as they were whether a majority of the country was not now, and Mr. S. did not think it necessary to against the measure, especially when he not avail himself of his contract. On the 11th only saw so great a division in that House, but April, 1792, a petition was presented in his apparently a local division, as he believed only name, stating, that from an advance in the price four members East of Hudson's River, and but of certificates, resulted the impossibility of ful-five South of Virginia had voted for the filling his contract, and prayed that an abate-measure, by which it appeared to be a mode ment might be made in the price of the land. On the 27th September, 1794, instead of saying he would not abide by the new boundary, he requests an alteration may be made in the boundary. Notwithstanding this request, Mr. S. now says, he did not know any thing of the survey, though more than nine months since it was made. At first sight, it would be supposed the contract was void for want of fulfilment; but as he says he never received from the public a counterpart of the contract (though it is generally supposed he had in some way got possession of a copy, but no proof existing of it,) the claim was not forfeited. A circumstance was mentioned which seemed to convey a strong supposition that Mr. S. was acquainted with the survey. The day following the request he had made for the new boundary, was issued to him a patent for three hundred thousand acres, referring to that survey. Mr. S. now objects to the releasement which was given of his first purchase as not being complete. It was stated that he had taken possession of land to which he was no way entitled. The necessity of the He would just observe, that the great arguact being immediately passed appeared from an ment in favor of direct taxes-an argument advertisement (which Mr. GALLATIN read from which had almost wrought conviction upon the a newspaper of that country) inviting persons to mind of the gentleman from South Carolina come and purchase, under an assurance that his himself-was the uncertainty of a revenue deoriginal purchase would be completed. Mr. G. rived from commerce; and yet, from this said that he had been offered some part of the circumstance, the friends of indirect taxes wish land at a dollar an acre; he was informed that to extend that plan to the utmost, and raise it would sell for two to settlers. Mr. G. said he every thing from it. He should have drawn knew it to be very capital land; and if the four different conclusions; and from that uncerhundred and fifty thousand acres which re-tainty, he should have wished never to have mained would sell for nine hundred thousand gone beyond those bounds which they knew dollars, while he only gave three hundred thou- were safe. sand for the whole, he would have made a good bargain.

desired only by the Middle States. Until, therefore, gentlemen from those parts had returned home and consulted their constituents upon the subject; until he knew that the law could be carried into effect with more unanimity than at this time appeared, he did not wish to press it. He was willing, therefore, to take all the blame which was imputable to this circumstance upon himself. He never wished the powers of Congress to be exercised in a way which should not meet with pretty general concurrence. Yet, had he thought the situation of the United States had been such, that additional revenue was absolutely necessary to support the public credit, and it could not have been conveniently raised from any other source, every other consideration would have given way to that necessity. But he did not think that any thing which had been said by the gentleman from South Carolina showed that there would be any deficiency in the revenue for the present, which would require additional taxes to supply it.

As to the receipts of 1797, Mr. G. said, we had well ascertained them, because they arose

FEBRUARY, 1797.]

Indirect Taxes.

[H. OF R

the receipts and expenditures of the United States, in order to show what sum of money would probably be wanted to answer the demands of the United States. As he differed considerably from the gentleman from Pennsylvania as to our real wants, he considered it as his duty to lay this statement before the comas much accuracy as possible. He had attended to the documents which had been laid before them, to the laws which would probably pass this session, and to the probable increase of revenue. The result of this examination was, that there would be a deficiency of about a million of dollars. To what the additional imposts already agreed to would amount, he could not say, but he believed they would make 200,000 dollars, which would leave a deficiency of 800,000 dollars. He made the following statement:

from the importations of 1796, which they knew amounted to 6,200,000 dollars, and which sum, with the internal duties, would be fully adequate to the expenses of the Government for this year. Yet some gentlemen thought the calculation too close, and therefore the additional duties before them had been consented to, which he believed every one must acknow-mittee. He had investigated the subject with ledge would be fully equal to any deficiency that could possibly arise. The arguments of the gentleman from South Carolina applied to the year 1798. He said we did not know what might be the amount of the importations of the present year; that it might be less than last year, and therefore, that revenue ought to be provided to supply the deficiency, if there should be any. The arguments would be good, if the gentleman's data were true; but he had forgotten that the expenses of 1798 would be less than those of the present year by 700,000 dollars, including not only the current expenses, but the instalment of the Dutch debts, which in that year would only be 100,000 dollars. The instalment this year is 400,000, so that in this item there will be a difference of 240,000 dollars; in the next place, the 280,000 dollars which this year has been agreed to be paid to the Dey and Regency of Algiers, will not occur again; and also, the 180,000 dollars appropriated for finishing the frigate, would not be to provide another year. These three items made the 700,000 dollars which he had mentioned. In addition he would add, that this year there had been a charge of 200,000 dollars for the defence of the frontier in 1795; but perhaps something might be wanted in that quarter another year, and therefore he would pass over that sum. But he thought there could be no danger of a want of revenue in the year

1798.

Expenses of 1797.

Civil list,
Military and Naval Establishment and pen-

sions,
Deficiency of 1796,
Algerine appropriation,
Interest of Domestic Debt,
Interest on Dutch debt,
Instalments do do. 1797,.
Premium remitt. &c.
Appropriations for frigate,

Internal revenues,
Impost,
Post Office,
Bank stock,
Stock redeemed,
Sundries,

$634,322

1,284,532

201,000

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376,500

3,471,972

614,241

400,000

*50,000

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171,000

7,213,567

Revenues of 1797.

$5,588,961

337,255

35,000

150,000

88,636

746

6,200,598

200,000

6,400,598

812,969

7,213,567

Probable deficiency of revenue,

Mr. G. said, he would not pretend to say that it would not be desirable to increase the revenue, in order that they might pay a part of Additional imposts in 1797, such instalments of the foreign debt as would become due after the year 1801. Certainly the sooner our debt could be paid, the better; but he meant only to show that there was no necessity for increasing the revenue for 1798. If it were necessary to raise additional revenue, it would be for two principal objects, the payment of the Dutch debt and the eight per cent. deferred stock; but as these did not become due till the year 1801, they were not under the necessity of providing the means for it at present.

During the next session, Mr. G. said, they should have time to compare the two systems of taxes together, and to discover which offered the best and most permanent sources of revenue. For the reasons he had given, he should be opposed to the motion.

It would be observed, Mr. S. said, that the gentlemen from Pennsylvania and Maryland, had calculated the impost at 6,200,000 dollars, whilst he made it only at 5,588,961, which he took from the Secretary of the Treasury's statement, and he believed this was the safest calculation. He would not go into any very long argument on this subject, because it had frequently been under discussion.

Mr. GALLATIN inquired from what document Mr. SMITH took his calculations?

Mr. W. SMITH answered, from the report of Mr. W. SMITH said, he should not adduce the Secretary of the Treasury, which was calmany arguments to show the propriety of ad-culated upon a permanent plan. In calculations vancing the duty upon this article any more than that upon any other; but he wished to bring before the committee a true statement of

on the subject of revenue, the largest amounts should not be taken. It was not policy in gentlemen to adopt that plan; they should make

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