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(H. OF R. The committee then rose, and the House took | Foster, Dwight Foster, Chauncey Goodrich, Roger op 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 Mur
ray, Josiah Parker, John Read, Samuel Sewall, House, for adding a new section, to be the ray:
Nathaniel Smith, Samuel Smith, William Smith, second section of the said bill, being read, in
John Swanwick, George Thatcher, and Peleg Wads the words following, to wit:
worth. " And be it further enacted, That the sum of
The bill was then recommitted to a Comdollars be, and the same is hereby appropriated for the purpose of finishing the frigates now building,
mittee of the Whole, in order to have the blank called the United States, Constitution, and Constella
for the sum to be appropriated for finishing the tion; and that the same be paid out of the surplus vessels inserted, and was filled with $172,000. of revenue and income, which may accrue to the end of the year one thousand seven hundred and ninety
TUESDAY, February 21. seren, after satisfying the objects for which appropri-| Negotiation with the Mediterranean Powers. ations have been heretofore made."
Mr. W. SMITH moved that the House should Mr. W. SMITH said, ag the question would go into a committee on the business, which first be taken on the amendment and then upon would rejuire the galleries to be closed; the the resolution as amended, a member who SPEAKER accordingly put the question for going wished to vote for the finishing of the frigates, into a Committee of the Whole on the bill to but not for the repeal, would not have an oppor-authorize a negotiation with the Mediterranean tunity of showing his sentiments by the yeas Powers, which, being carried, the galleries were and nays. In order that members who thought cleared accordingly. with him might have an opportunity of show. After the galleries were cleared, the bill was ing their vote, he called for the previous ques- agreed to with amendments, and ordered for a tion upon the proposition.
third reading to-morrow. The SPEAKER declaring that this motion was | On motion that the House come to the follownot in order, Mr. W. SMITH called for the yeas | ing resolution : and pays upon the amendment.
“Resolved, That the injunction of secrecy upon the Mr. SITGREAVES said, rather than not obtain members of this House, so far as it relates to that an appropriation for finishing the frigates, he part of the communication made by the President, should vote in favor of the amendment, though by his Message of January 9, which has been he was of the same opinion with the gentleman printed, be taken off, and that all futuro debates and from South Carolina (Mr. W. SMITH) as to the proceedings thereon be had with open doors." unfairness of the proceeding.
A motion was made to insert, after the words Mr. DEST was of the same opinion.
“be taken off," "together with the letter of Mr. MUHLENBERG said as the amendment Messrs. Barlow and Donaldson, of April 5, stood annexed to the other bill, he should vote | 1796." The question on the amendment was against it; though, if the subject had continued taken by yeas and nays, and lost-yeas 19, in a separate bill, he should have voted in favor nays 65. of it.
The main question was then taken by yeas The question was then taken on the amend- and nays, and resulted---yeas 53, nays 36. ment, and decided in the affirmative, 59 to 25, as follows:
Reports of the Secretary of State, relative to the Yeas.-Theodorus Bailey, Abraham Baldwin, Da
present situation of affairs with the Dey and Revid Bard, Thomas Blount, Nathan Bryan, Dempsey |
gency of Algiers, accompanying the following conBurges, Thomas Claiborne, John Clopton, Joshua
fidential Message from the President of the United
| States, received the 9th of January, 1797: Coit, Isaac Coles, William Cooper, Henry Dearborn, George Dent, William Findlay, Jesse Franklin, Na Gentlemen of the Senate, and thaniel Freeman, jr., Albert Gallatin, Ezekiel Gil I of the House of Representatives : bert, James Gillespie, Henry Glenn, Christopher Herewith I lay before you, in confidence, reports Greenup, Andrew Gregg, Carter B. Harrison, John from the Departments of State and the Treasury, by Hathorn, Jonathan N. Havens, James Holland, An- which you will sec the present situation of our affairs drew Jackson, John Wilkes Kittera, George Leonard, with the Dey and Regency of Algiers. Edward Livingston, Matthew Locke, Samuel Lyman,
G. WASHINGTON. Williarn Lyman, Samuel Maclay, Nathaniel Macon, | UNITED STATES, January 9, 1797. James Madison, John Milledge, Andrew Moore, Anthony New, John Nicholas, Alexander D. Orr, John | To the President of the United States, the Secretary of Page, John Patton, John Richards, Robert Ruther-) Stale respectfully makes the following brief representafad. John S. Sherburne, Samuel Sitgreaves, Thomp-' tion of the affairs of the United States, in relation to w J. Skinner, Jeremiah Smith, Israel Smith, Isaac Algiers : Smith, Richard Sprigg, jr., Thomas Sprigg, Zeph When Colonel Humphreys left America, in April, anish Swift, Philip Van Cortlandt, Joseph B. Var- | 1795, he was accompanied by Joseph Donaldson, sam, Abraham Venable, John Williams, and Richard Esq., who had been appointed Consul for Tunis and
Tripoli; and him Colonel Humphreys was authorized NAY& -Theophilus Bradbury, Daniel Buck, Sam- to employ in negotiating a Treaty with Algiers, while wel W. Dana, James Davenport, George Ege, Abiel | he should proceed himself to France, for the purposo
H. OF R.]
(FEBRUARY, 1797. of obtaining the co-operation of that Government in O'Brien from Lisbon to London, in the brig Sophia, this negotiation.
to receive it. Owing to contrary winds, she did not They arrived at Gibraltar on the 17th of May. leave Lisbon till the 24th of December. The other Colonel Humphreys concluded that it was expedient details, relative to the pecuniary transactions, appear for Mr. Donaldson to go first to Alicant, rather than in the report of the Secretary of the Treasury. Algiers, in order to be near at hand, to ascertain Tbe disappointments in the pecuniary negotiations, facts and profit of occasions. He gave him instruc- put the Treaty in jeopardy; the Dey threatened to tions accordingly; and having also instructed Mr. abandon it, and it was with extreme difficulty that it Simpson, our Consul at Gibraltar, to renew our peace was prevented. Mr. Barlow did not arrive at Alicant with the Emperor of Morocco, Colonel Humphreys until February, 1796, where he proposed to wait the sailed from Gibraltar the 24th of May, and arrived at arrival of the funds; but, after a little time, his inHavre de Grace on the 26th of June; from whence telligence from Algiers showing that our affairs were he set off immediately for Paris. The object of his in a critical situation, he determined to go thither mission was communicated by our Minister, Colonel immediately, with the hope of soothing the Dey, Monroe, to the Committee of Public Safety. On the He arrived there the 4th of March; they had before 1st of July he had received only a verbal answer, prolonged the time to the 8th of April for the paythat the French Government was disposed to interest ment of the stipulated sums. On the 3d of this itself, and to do every thing in its power, to promote month the Dey declared what should be his final dethe accomplishment of our wishes on the subject in termination, that in eight days Mr. Barlow and Mr. question. On the 28th, assurances were received | Donaldson should leave Algiers; and if, in thirty that immediate measures should be taken for giving | days after, the money was not paid, the Treaty should particular instructions to the agents of the Republic, be at an end, and his cruisers should bring in Amerito use its influence in co-operating with us. The can vessels. Under these circumstances, and as the multiplicity of affairs with which the officers of last hope of saving the Treaty, they were induced to Government were occupied, and the getting from offer the present of a frigate—this fortunately sucLondon a sum of money neceşsary to purchase the ceeded. For the particulars of this transaction, the usual peace presents, prevented a conclusion of this Secretary begs leave to refer to the enclosed letter arrangement at Paris until September. It had been from Messrs. Barlow and Donaldson. judged expedient, by Colonel Humphreys and Colonel Colonel Humphreys not deeming himself authorMonroe, that Joel Barlow should be employed in the ized to confirm this promise of a frigate, referred the negotiation with the Barbary States, and his consent matter to the Executive of the United States; and for had been obtained. By the 11th of September, all this end despatched Captain O'Brien, in the brig the writings on the part of Colonel Humphreys were Sophia, to America. There was evidently no alterprepared for Mr. Barlow, to proceed with the instruc- native ; and the promise was confirmed. tions and powers from the Government of the French The frigate is now building in Portsmouth, New Republic to its agents in Barbary, in favor of our Hampshire, and is expected to be finished in the negotiation.
spring. Captain O'Brien returned to Lisbon, where Colonel Humphreys left Paris the 12th of Septem- he arrived on the of Juiy. Colonel Humphreys ber, and reached Havre the 14th, where he found the had advantageously negotiated bills on London for master and mate of the United States brig Sophia, $225,000. This sum was embarked on board the both sick with fevers. While waiting there impa Sophia, and, on the 3d of August, Captain O'Brien tiently for their recovery, he received intelligence set sail for Algiers. He has not since been heard of, from our Consul at Marseilles, that Mr. Donaldson and there is room to fear that some misfortune has had concluded a Treaty of Peace with the Dey of befallen him. The money was insured at a small Algiers; nevertheless, Colonel Humphreys thought it premium, against. the danger of the seas; against all expedient that Mr. Barlow should proceed with the risks they demanded so high a premium as Colonel presents prepared and preparing at Paris ; for, if not | Humphreys judged it inexpedient to give, seeing the needed at Algiers, they would be wanted in the nego- Sophia was a vessel of the United States, having s tiation with Tunis and Tripoli.
special passport from the President, as well as a About the 5th of October, Colonel Humphreys | passport in the Turkish language, under the seal of sailed from Havre, and after a stormy passage of the Dey of Algiers. more than forty days, arrived at Lisbon on the 17th Such arrangements have been made by Mr. Barlow of November. There he found Captain O'Brien, who and Mr. Donaldson, at Algiers and Leghorn, as will had arrived about the 1st of October, with the Treaty doubtless insure the payment of the $400,000 originwith Algiers.
ally expected from the latter place; and the same On the 3d of September Mr. Donaldson arrived at house have become engaged to the Dey and Regency Algiers, and on the 5th the Treaty was concluded, for the residue of the money due as the price of and the peace presents immediately given, by a loan. peace, without which he would not agree to the reMr. Donaldson, knowing that funds had been lodged demption of the captives. in London to answer his stipulations, engaged to The Secretary of the Treasury estimates make the payments in three or four months.
these further sums to be provided to fulfil Colonel Humphreys had received advice, under date the terms of the Treaty . . . $255,759 of the 30th July, from the Messrs. Barings, in Lon- | For two years' annuities to the Dey
99,246 don, to whom the funds had been remitted, that, To which are to be added the 10,000 having made progress in the sales of the United soquins promised by Mr. Barlow and Mr. States' stock, they should hold, at his disposal, the Donaldson, mentioned in their letter .
18,000 whole of the value of $800,000, meaning to furnish, And the expenses of the captives performby anticipation, the value of that part which re ing quarantine at Marseilles, and transmained unsold, if the service of the United States porting them to America, estimated by required it. Colonel Humphreys, counting on the the Consul at Marseilles, at about
6,500 money as always ready after this period, sent Captain |
[H. OF R. On the 31st altimo 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. Scent, Mr. Famin, at Tunis, who had been recom- On motion of Mr. GALLATIN, the title was mended to him by the French Consul Herculias, had changed to "a bill to authorize the PRESIDENT concluded, with the Bey of that Regency, a truce for
OF THE UNITED STATES to apply further sums to six months, from the 15th day of June last, and that
defray the expenses of the negotiation with the without any presents. TIMOTHY PICKERING,
Dey and Regency of Algiers. **
John Cleves Symmes.
On motion of Mr. GALLATIN, the House took
up the bill in addition to an act for granting WEDNESDAY, February 22.
certain lands to John Cleves Symmes and his Mediterranean Powers.
associates; when The bill for making appropriations to defray | Mr. Coit moved to strike out the first section. the expense of negotiations with Mediterranean His object, he said, was to gain information, powers, was also read the third time. The pro- |
particularly with respect to the survey. visions of this act, (which has been the subject
Mr. GALLATIN (who was Chairman of the of the various discussions which have lately
| Committee which made the report) gave a contaken place with closed galleries) are to the fol- cise history of the business; which satisfied Mr. lowing effect:
Cort, who withdrew his motion; and the bill * That the President of the United States be, and
mal was ordered to be read a third time to-mor
row. he is hereby authorized to apply a sum not exceeding 255,759 dollars and three cents, to the expenses
The particulars of this case are as follows:
ne pa which may have been incurred in any negotiations John Cleves Symmes and his associates enwith Mediterranean powers, beyond the sums here-tered into a contract with the United States in tofore appropriated; and that the said sum of the year 1787, for a million acres of land in the 255,759 dollars and three cents, be, and the same is North-western Territory, at a time when the bereby appropriated for that purpose; and that a geography of that country was not well underfurther sum not exceeding 96,246 dollars and 63 stood. The tract was to extend twenty miles cents, be, and the same is hereby appropriated for up the Great Miami to the Little Miami; but discharging the two first years' annuity to the Dey | when this line came to be measured, it was and Regency of Algiers, pursuant to treaty, in addi
found that it cut the Little Miami in several tion to the sum appropriated for that purpose by the
places on land which had been reserved by act of the sixth of May, 1796."
Virginia at the cession of this Territory to the On the question being put that the bill do United States. Mr. Symmes was down in the pass, Mr. GREENUP said he never liked the bill country before he knew the line thus drawn in any shape whatever; he would therefore ex
would thus cut into the lands of Virginia. The press it now. He then called for the yeas and
first thing he did was to take possession of the Days, which were taken, and stood ayes 63, country which is between Fort Washington and Does 19, as follow:
the Little Miami, and to sell as much as he YEAs.-Fisher Ames, Abraham Baldwin, Theo- could of it. General St. Clair, the Governor philus Bradbury, Nathan Bryan, Daniel Buck, Demp- of that Territory, threatened to drive Mr. sey Burges, Thomas Claiborne, Joshua Coit, Isaac Symmes and the settlers off this territory to Coles, William Cooper, James Davenport, Henry
which he had no right. The innocent settlers, Dearborn, George Dent, George Ege, William Find
who had purchased the land of Mr. Symmes, ler, Dwight Foster, Jesse Franklin, Nathaniel Free
sent forward representations of their case to the man, jr.Albert Gallatin, Ezekiel Gilbert, Henry Glenn, Chauncey Goodrich, Rogert Griswold, Robert
PRESIDENT, which, together with the representaGoodtoe Harper, Carter B. Harrison, Thomas Hart
tions of the Governor, produced an act to change let. Jonathan N. Havens, Thomas Henderson, Wild | the boundary line of the purchase, which was Ein Hindınan, Aaron Kitchell, John Wilkes Kittera, passed April 12, 1792. This act describes the George Leonard, Matthew Locke, Samuel Lyman, boundary line of the tract of land to be between James Madison, Francis Malbone, John Milledge, Andrew Moore, Frederick A. Muhlenberg, John
* The whole expense of procuring peace from Algiers, and Nicholas. Alexander D. Orr. John Page, Josiah forbearance to prey upon our citizens and commerce, and to Parker. Elisha R. Potter. John Richards, Robert redeem the captives, was then about one million of dollars : Ratherford, John S. Sherburne, Samuel Sitgreaves, and the alternative was between paying that amount and Thompson J. Skinner, Jeremiah Smith, Nathaniel carrying on war against her. War preparations had begun, Smith, Israel Smith, Isaac Smith, Richard Sprigg, jr., | and six frigates had been authorized to be built. A war with Thomas Sprigg, Zephaniah Swift, George Thatcher, Algiers, then a formidable power, (and of course with tho Richard Thomas, Mark Thompson, Philip Van Cort- rest of the Barbary States,) was a very serious undertaking Indt, Joseph B. Varnum, Peleg Wadsworth, and to the United States at that time-the cost great and cerJohn Williams.
tain-the issue uncertain. The greatest powers of Europe NATE.-David Bard, Thomas Blount, Samuel J. paid tribute to these barbaric pirates: it was no disgrace to Cabell, Gabriel Christie, John Clopton, James Gil the infant United States to do the same: and the redemption Sie, Christopher Greenup, John Hathorn, John of the captives was a further inducement, founded in huHeath, James Holland, Andrew Jackson, George manity: so that the price of peace became a question of Jackson, William Lyman, Samuel Maclay, Na- l economy.
H. OF R.]
[FEBRUARY, 1797 the two Miamis and the Ohio. Mr. Ludlow was
THURSDAY, February 23. sent to survey it in 1793, when it was found, that instead of there being one million of acres,
Direct and Indirect Taxes. there were only five hundred and forty-three
INCOME AND EXPENDITURE. 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 conld 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 donbted were not raised to so Ligh 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 ilth 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 certiticates, 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, desired only by the Middle States. Until, On the 27th September, 1794, instead of saying therefore, gentlemen from those parts had rehe would not abide by the new boundary, he turned home and consulted their constituents requests an alteration may be made in the upon the subject; until he knew that the law boundary. Notwithstanding this request, Mr. could be carried into effect with more unanimity S. now says, he did not know any thing of the than at this time appeared, he did not wish to survey, though more than nine months since it press it. He was willing, therefore, to take all was made. At first sight, it would be supposed the blame which was imputable to this circumthe contract was void for want of fulfilment; stance upon himself. He never wished the but as he says he never received from the public powers of Congress to be exercised in a way a counterpart of the contract (though it is gen- which should not meet with pretty general conerally supposed he had in some way got posses- currence. Yet, had he thought the situation sion of a copy, but no proof existing of it,) the of the United States had been such, that addiclaim was not forfeited. A circumstance was tional revenue was absolutely necessary to mentioned which seemed to convey a strong support the public credit, and it could not have supposition that Mr. S. was acquainted with the been conveniently raised from any other sonrce, survey. The day following the request he had every other consideration would have given made for the new boundary, was issued to him way to that necessity. But he did not think a patent for three hundred thousand acres, re- that any thing which had been said by the genferring to that survey. Mr. S. now objects to tleman from South Carolina showed that there the releasement which was given of his first would be any deficiency in the revenue for the purchase as not being complete. It was stated present, which would require additional taxes that he had taken possession of land to which to supply it. 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 bis 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 huudred thou- were safe. sand for the whole, he would have made a good As to the receipts of 1797, Mr. G. said, we bargain.
had well ascertained them, because they arose
Deficiency of 1796.
[H. OF R from the importations of 1796, which they | the receipts and expenditures of the United knew amounted to 6,200,000 dollars, and which States, in order to show what sum of money sum, with the internal duties, would be fully would probably be wanted to answer the deadequate to the expenses of the Government mands of the United States. As he differed for this year. Yet some gentlemen thought considerably from the gentleman from Pennsylthe calculation too close, and therefore the ad-vania as to our real wants, he considered it as ditional duties before them had been consented his duty to lay this statement before the comto, which he believed every one must acknow- mittee. He had investigated the subject with ledge would be fully equal to any deficiency as much accuracy as possible. He had attended that could possibly arise. The arguments of to the documents which had been laid before the gentleman from South Carolina applied to them, to the laws which would probably pass the year 1798. He said we did not know what this session, and to the probable increase of might be the amount of the importations of the revenue. The result of this examination was, present year; that it might be less than last that there would be a deficiency of about a year, and therefore, that revenue ought to be million of dollars. To what the additional improvided to supply the deficiency, if there posts already agreed to would amount, he could should be any. The arguments would be good, not say, but he believed they would make if the gentleman's data were true; but he had 200,000 dollars, which would leave a deficiency forgotten that the expenses of 1798 would be of 800,000 dollars. He made the following less than those of the present year by 700,000 statement : dollars, including not only the current expenses, but the instalment of the Dutch debts, which
Expenses of 1797.
$634,322 in that year would only be 100,000 dollars. Military and Naval Establishment and penThe instalment this year is 400,000, so that in
sions, this item there will be a difference of 240,000 | Deficiency of 1796, . . 201,000 dollars ; in the next place, the 280,000 dollars Algerine appropriation, . . 376,500 which this year has been agreed to be paid to Interest of Domestic Debt. . 3,471,972 the Dey and Regency of Algiers, will not Interest on Dutch debt,
614,241 occur again; and also, the 180,000 dollars ap Instalments do do. 1797, .
400,000 propriated for finishing the frigate, would not
Premium remitt, &c. .
50,000 be to provide another year. These three items Appropriations for frigate, .
171,000 made the 700,000 dollars which he had mentioned. In addition he would add, that this year
7,213,567 there had been a charge of 200,000 dollars for the defence of the frontier in 1795; but perhaps
Revenues of 1797.
$5,588,961 something might be wanted in that quarterlinta
337,255 another year, and therefore he would pass over
Post Office, .
35,000 that sum. But he thought there could be Bank stock,
150.000 Do danger of a want of revenue in the year Stock redeemed,
746 Mr. G. said, he would not pretend to say that it would not be desirable to increase the re
6,200,598 Tenue, in order that they might pay a part of Additional imposts in 1797, . .
200,000 such instalments of the foreign debt as would become due after the year 1801. Certainly
6,400,598 the sooner our debt could be paid, the better ;
Probable deficiency of revenue,
812,969 but he meant only to show that there was no
7,213,567 necessity for increasing the revenue for 1798. If it were necessary to raise additional revenue, it would be for two principal objects, the pay- It would be observed, Mr. S. said, that the ment of the Dutch debt and the eight per cent. gentlemen from Pennsylvania and Maryland, deferred stock; but as these did not become had calculated the impost at 6,200,000 dollars, doe till the year 1801, they were not under whilst he made it only at 5,588,961, which ho the necessity of providing the means for it at took from the Secretary of the Treasury's statepresent.
ment, and he believed this was the safest calcuDuring the next session, Mr. G. said, they lation. He would not go into any very long should have time to compare the two systems argument on this subject, because it had freof taxes together, and to discover which offered quently been under discussion. the best and most permanent sources of revenue. Mr. GALLATIN inquired from what document For the reasons he had given, he should be op- Mr. Smith took his calcnlations ? posed to the motion.
| 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 Fancing the duty upon this article any more on the subject of revenue, the largest amounts than that upon any ocher; but he wished to should not be taken. It was not policy in gentring before the committee a true statement of tlemen to adopt that plan; they should make