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The President of the Senate then rose, and declared that no person had received a majority of the votes given for President of the United States; that ANDREW JACKSON, JOHN QUINCY ADAMS, and WILLIAM H. CRAWFORD, were the three persons who had received the highest number of votes, and that the remaining duties in the choice of a President now devolved on the House of Representatives. He further declared, that JOHN C. CALHOUN, of South Carolina, having received 182 votes, was duly elected VICE PRESIDENT OF THE UNITED STATES, to serve for four years from the 4th day of March next.

The members of the Senate then retired.

The SPEAKER directed the roll of the House to be called by States, and the members of the respective delegations to take their seats in the order in which the States should be called, beginning at the right hand of the Speaker.

The roll was called accordingly, when it appeared that every member of the House was present, with the exception of Mr. GARNETT, of Virginia, who was known to be indisposed at his lodgings, in this city.

The delegations took their places accordingly, ballot-boxes were distributed to each delegation, by the Sergeant-at-Arms, and the Speaker directed that the balloting should proceed.

The ballots having all been deposited in the boxes, the following Tellers were named by the respective delegations, being one from each State in the Union:

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"Mr. Speaker: The Tellers of the votes at this table have proceeded to count the ballots contained in the box set before them. sult they find to be, that there areFor JOHN QUINCY ADAMS, of Massachusetts, 13 votes.

For ANDREW JACKSON, of Tennessee, 7 votes. For WILLIAM H. CRAWFORD, of Georgia, 4 votes.

Mr. RANDOLPH, from the other table, made a statement corresponding with that of Mr. WEBSTER, in the facts, but varying in the phraseology, so as to say that Mr. Adams, Mr. Jackson, and Mr. Crawford, had received the votes of so many States, instead of so many votes.

The SPEAKER then stated this result to the

House, and announced that JOHN QUINOY ADAMS, having a majority of the votes of these the same, for four years, commencing with the United States, was duly elected President of 4th day of March next.

committee was ordered to be appointed, to noOn motion of Mr. TAYLOR, of New York, a tify the President of the United States, and the President elect, of the result of the ballot.

And then the House adjourned.

votes was announced by the Tellers, some clap[When the fact of Mr. Adams having 13 ping and exultation took place in the galleries, and some slight hissing followed. The House suspended its proceedings until the galleries were cleared.]

THURSDAY, February 10.

Mr. JENNINGS, of Indiana, submitted the following:

“Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of releasing, by law, all claim which the United States have upon Maston S. Clarke, of the State of Indiana, as one of the securities of the late Collec tor of the Internal Revenue of the late Territory of Indiana."

In offering this resolve, Mr. J. said that the individual referred to in the resolution he had presented, was allied to one of the most numerous and useful families in the Western country. That he had been one of the early pioneers of the western frontier, participated in most of the

FEBRUARY, 1825.]

Road from Pensacola to St. Augustine.

[H. OF R.

conflicts produced by the wars with the Indi- again to their determination. But the constitution ans, and had acted a conspicuous part in the itself, has not so disposed of the contingency which battle of Tippecanoe, as well as on other simi- would arise in the event of my refusal; I shall, lar occasions; and who, by his perseverance therefore, repair to the post assigned me by the call and enterprise, had possessed himself of a com- of my country, signified through her constitutional fortable competency for his numerous and rising organs; oppressed with the magnitude of the task family. This, said Mr. J., was his situation before me, but cheered with the hope of that genwhen he became one of the securities of a late the vicissitudes of a life devoted to the service, has erous support from my fellow-citizens, which, in Collector of the Internal Revenue of the late Territory of Indiana, who has since, by a de- that the wisdom of the Legislative Councils will never failed to sustain me-confident in the trust, cision of the District Court, been found a delin- guide and direct me in the path of my official duty, quent to a considerable amount-the result of and relying, above all, upon the superintending which has been, that Col. Clarke has been, by providence of that Being "in whose hand our the operation of law, stripped of all his prop-breath is, and whose are all our ways." erty, both real and personal, not leaving to him so much as the sword he had honored, or his tomahawk and scalping-knife, which had been his constant companions as a private soldier. He hoped the resolution would be adopted. The resolve was agreed to.

Letter from the President Elect.

Mr. WEBSTER, from the committee appointed for the purpose, yesterday, reported that the committee had waited on JOHN QUINOY ADAMS, of Massachusetts, and had notified him, that, in the recent election of a President of the United States, no person having received a majority of the votes of all the electors appointed, and the choice having consequently devolved upon the House of Representatives, that House, proceeding in the manner prescribed in the constitution, did yesterday choose him to be President of the United States, for four years, commencing on the fourth day of March next. And that the committee had received a written answer, which he presented to the House. The committee also, in further performance of its duty, had given information of this election to the President.

Gentlemen: I pray you to make acceptable to the House, the assurance of my profound gratitude for their confidence, and to accept yourselves my thanks for the friendly terms in which you have communicated to me their decision.

JOHN QUINCY ADAMS. Washington, February 10th, 1825.

Road from Pensacola to St. Augustine. On motion of Mr. CALL, of Florida, the House went into Committee of the Whole, Mr. ToмLINSON in the chair, on the bill to provide additional appropriations to complete the public road from Pensacola to St. Augustine, in Florida; and also on the bill to authorize the surveying and laying out of a road from St. Mary's River to Tampa Bay, in the Territory of Florida. Mr. C. moved to fill the blank for the sum appropriated by the first of these bills, with $8,000; which was carried. He then moved to fill the blank in the second bill with $12,000.

On this motion, Mr. McCoy inquired of the delegate from Florida, with respect to the necessity for the road, its proposed length, and whether the present sum would be sufficient to complete it.

Mr. CALL, in reply, requested the reading of Gentlemen: In receiving this testimonial from a letter at the Clerk's table. He then rose in the Representatives of the people, and States of his place, and stated, that, at last session, a this Union, I am deeply sensible to the circumstan-road had been authorized to be made from Cape ces under which it has been given. All my prede- Sable, the southern extremity of Florida, to the cessors in the high station to which the favor of Bay of Tampa, which is on its western coast, the House now calls me, have been honored with and also the marking out a road from St. Aumajorities of the electoral voices in their primary colleges. It has been my fortune to be placed by gustine to Pensacola. It was now proposed to the divisions of sentiment prevailing among our complete the latter road, which had been markcountrymen on this occasion, in competition, friend- ed out, and also to extend the road now runly and honorable, with three of my fellow-citizens, ning from Cape Sable to Tampa Bay, northall justly enjoying, in eminent degrees, the public wardly, from Tampa Bay to St. Mary's River, favor; and of whose worth, talents, and services, where it would meet a road now existing in no one entertains a higher and more respectful Georgia. Its length would be about two hunsense than myself. The names of two of them dred miles, the whole of which distance it were, in the fulfilment of the provisions of the con- would pass through the publie lands, and would stitution, presented to the selection of the House, thereby greatly enhance their value. He adin concurrence with my own; names closely asso-verted to the difficulty of suppressing piracy ciated with the glory of the nation, and one of them, further recommended by a larger minority of the primary electoral suffrages than mine. In this state of things, could my refusal to accept the trust thus delegated to me, give an immediate opportunity to the people to form and to express with a nearer approach to unanimity, the object of their preference, I should not hesitate to decline the acceptance of this eminent charge, and to submit the decision of this momentous question

in the Gulf of Mexico, Tampa Bay, (which was the best harbor in the south of Florida,) being a notorious rendezvous for pirates, as well as for fugitive slaves from Georgia, the Government had found it necessary to establish a military post there. The post, which is to be a permanent one, was now completely isolated. Neither road nor trace led to it, and it had no means of communicating with the Government itself,

H. OF R.]

Georgia Militia Claims.

[FEBRUARY, 1825,

State; that the Federal Executive, at some moments, gave his express sanction to the exercise of such power; but, at other moments, seemed inclined to limit the extent of the force to be employed in defence; that, hence, some doubts arose as to the liability of the General Government to pay for all services to the extent to which they were rendered; that, subsequently, when the original liability of the General Government seemed to be conceded, it was contended that a stipulation contained in the "Articles of agreement and cession," entered into between the United States and Georgia, in 1802, was intended to embrace this claim, and that, therefore, the General Government is at this time fully discharged from its previous obligation. This, sir, will be deemed to be a fair and frank statement of the facts of the case.

except by a long and dangerous sea voyage, | cretionary power by the Executive of that which would cost more in a single year, than the whole sum now asked for this road. Another consideration was that of passing along the coast; it ran near to numerous inlets, now the haunts of pirates and slaves. The presence of this road would be an effectual, and the only effectual means, of breaking up their resort to these places. In a state of war, the Bay of Tampa would be a very important post. As such, the Government had selected it; and it was manifest, that, unless a road was formed, by which troops could march for its relief, it must fall an easy prey as soon as it should be invested by a maritime enemy. The country through which it is to pass, is one of the most fertile regions of the South. Nothing was wanted but a highway, to ensure its rapid settlement. He hoped, therefore, that, whether the road was considered as providing for the defence of a distant and vulnerable frontier, or as calculated to increase the value of the public lands, the sum necessary for its construction would readily be granted by the House. He added, in conclusion, that the plan had been examined by the Committee on Roads and Canals, and received its unanimous approbation.

The blank was then filled accordingly. The committee then rose, and reported both bills, and they were ordered to be engrossed for a third reading to-morrow.

MONDAY, February 14.

Georgia Militia Claims. On motion of Mr. TATTNALL, of Georgia, the House then took up the report of the Committee on Military Affairs, adverse to the Georgia Militia Claims; and the question being on recommitting it to that committee with the following instructions:

"To report a bill making an appropriation for the payment of the Georgia Militia Claims for the services rendered in the years 1792, 1793, and 1794; the appropriation to be conformed to the report of the Secretary of War, made to this House upon the subject of these claims in the year 1803, and to embrace each class of claims respectively, as described by that report:"

Mr. TATTNALL, of Georgia, observed, that, although the grounds of the claim, now under consideration, had been already fully presented to the view of the House by one of his colleagues, during the present session, yet, as some weeks had since elapsed, it was perhaps necessary again to recapitulate them. He should, therefore, in as brief a manner as possible, proceed to do so.

To determine the question of liability on the part of the General Government, we are naturally led to inquire, first, whether the Governor of Georgia, was, under the circumstances, acting under the express, or necessarily implied sanction of the General Government; for, if so, the liability, originally, of the General Government to pay for the services rendered, will be conceded. But, if this is found not to have been the case, we are, secondly, to inquire whether the circumstances were, of themselves, such as to authorize the Governor, under the Constitution of the United States, to act as his discretion might point out. If both, or either of these positions be settled in the affirmative, it only then will remain to inquire whether the clause in the instrument just alluded to, was intended to embrace this particular case, and thereby to free the General Government from a liability, previously existing, to pay for the militia services rendered by Georgia.

First, then, did the General Government afford its sanction in a manner which would authorize the calling out of the militia by the Governor of Georgia? Now, this is to be determined only by a reference to the documents before us, but I have no hesitation in saying that such sanction was given.

In the letter from the Secretary of War, dated October 27, 1792, the hostile disposition of the savages is spoken of, and in it is this passage: "If the information which you may receive, shall substantiate clearly any hostile designs of the Creeks against the frontiers of Georgia, you will be pleased to take the most effectual measures for the defence thereof, as may be in your power, and which the occasion may require." In the letter from the same individual, dated 30th May, 1793, the Governor is restricted (from considerations of foreign policy) to defensive From the documents which have been fur- operations, but is authorized to increase the nished, it appears that the facts connected with force. The following is an extract from it:this case are, that, in the years 1792, '3, and '4, "From considerations of policy, at this critical the militia of Georgia were called out for the period, relative to foreign powers, and the penddefence of the frontier against the hostilities of ing treaty with the Northern Indians, it is deemthe Indians; that these militia were called out, ed advisable to avoid, for the present, effective in some instances, under the exercise of dis-expeditions into the Creek country. But, from

FEBRUARY, 1825.]

Georgia Militia Ciaims.

[H. OF R.

the circumstances of the late depredations on | Georgia? Does the mere fact of their being the frontier of Georgia, it is thought expedient Georgians make so material a difference? If the to increase the force in that quarter for defensive Governor of Georgia could call out, at his own purposes." In the letter of the 10th June, 1793, discretion, and without being dependent at all from the same individual, there is this remark- upon the discretion of the General Government able passage:-"The State of Georgia being at a distance, the troops of another State, surely, invaded, or in imminent danger thereof, the a fortiori, he must have had a similar and comeasures taken by your Excellency may be con- efficient power over those of his own State. sidered as indispensable. You are the judge of In a letter, dated 19th February, 1794, from the degree of danger and of its duration, and Governor Matthews to the Secretary of War, will undoubtedly proportion the defence to the he protests against the orders restricting him exigencies. The President, however, expresses to operations of a character strictly defensive. his confidence, that, as soon as the danger He urges most strongly the necessity of his which has induced you to call out so large a being permitted to pursue the savages into their body of troops shall have subsided, you will own country-to follow them, like wild beasts, reduce the troops to the existing state of things, to their dens, as the only possible means of comprovided the safety of the frontier will admit pletely effecting the security of the frontier. the measure." And so threatening did the He also proposes a plan of defence, by erecting Secretary of War seem to regard the danger, block-houses along the whole extended frontier that he even supposed the militia of Georgia line. Now, sir, this complaint proves that might not be competent to the defence of the Governor Matthews considered himself as actState, and therefore authorized the Governor ing under the orders of the General Governto apply to the Executive of South Carolina for ment, and the adoption of a part of his proposed aid. He, at the same time, addresses a com- plan of defence, (as appears in the Secretary of munication to the Governor of South Carolina, War's letters to him of the 25th March, and of which the following is an extract: "The Presi- 14th May, 1794,) shows that the Executive of dent of the United States has received authentic the United States continued to lend his sanction information from Georgia, of the unprovoked to the services of the militia. These documents, and cruel outrages of parties of Creeks upon the without going further, clearly show that the frontiers of that State; and, as it is at present Governor of Georgia was vested with discreuncertain to what degree the evils complained tionary power, adapted to the exigency. This of may be extended, the President has directed power he exercised; and that it was correctly me to request your Excellency, that, in case exercised, may be inferred from the readiness the frontiers of Georgia should be seriously with which the agent furnished rations. These invaded by large bodies of hostile Indians, you were paid for by the General Government, and would, upon the request of the Governor of that, too, without any expression of censure said State, direct such parties of the militia of upon him, for affording them. Is not this a South Carolina to march to the assistance of conclusive fact, that the militia were properly Georgia as the case may require, for the expenses called out and held in service? They were of which the United States will be responsible." supplied with arms by the Federal Government Surely, sir, this ought to convince every one-they were regularly mustered into service, that the General Government considered the situation of Georgia as seriously alarming, and that it was inclined to repose every degree of confidence in the discretion of the Governor of that State. The Governor of South Carolina is requested to comply with his requisition-and here, sir, I would put it to the candor of my honorable friend from South Carolina, the Chairman of the Military Committee, to say if such requisition had been made, and if the Governor of South Carolina had complied with it, could he have felt himself authorized to refuse to pay the troops for their services? This is, perhaps, sir, very much of an argumentum ad hominem, but my friend must excuse me here for it. The case is a simple one; the Federal Government authorize the troops to be called out if necessary -prescribe that necessity to be judged of by the Governor of Georgia-the Governor of Georgia makes the requisition upon the Governor of South Carolina, and the requisition is obeyed. Could he, could any one here, refuse to pay for the services of these troops? and, if not, in the name of conscience, how can we refuse to pay for the services of the troops of

and were furnished (as I have said) with rations. These facts appear palpably in the documents before us, and it is unnecessary for me to weary the attention of the House by reading them in detail.

It appears, then, that the General Government did authorize the Governor of Georgia to order out troops at his discretion; and, although in one instance, the General Government seemed inclined to withhold its sanction in future, yet, upon the remonstrance of the Governor, he is again assured that he is considered the competent judge of the extent of the danger. Subsequently, indeed, i. e. in 1794, the number of troops is limited by an order from the General Government, and the disbandment of those whose services were not deemed requisite, was (as Captain Freeman, the agent of the War Department, acknowledges) effected as soon as possible. The situation of the frontier had, however, unquestionably then become changed. All active hostility on the part of the Indians had ceased, and even a disposition to hostility was scarcely manifested. The peace, too, which soon after took place between France and Spain,

H. OF R.]

Georgia Militia Claims.

[FEBRUARY, 1825.

also, in that quarter, many of them United States military officers. I will briefly refer to parts of these. And here, sir, I will remark, that the situation of Georgia can easily be conceived. With a frontier of near 400 miles, lined with numerous savages of the most warlike and furious character, and with a sparse population, her defenceless and exposed situation can easily be imagined.

The letter from the Governor of Georgia to the Secretary of War, dated 22d of May, 1792, gives intimation of the hostilities of the Creeks and Cherokees, and urges "exertions towards a general defence." To show, however, that these apprehensions were also entertained by the United States military officers, I will cite the

in which he not only acknowledges the danger, but also says, he has found it necessary to call out a portion of the militia in his vicinity. A letter, also, from Andrew Pickens, dated 12th September, 1792, states, that a general war was expected; and a letter from Captain R. B. Roberts, also of the army, expresses great anxiety, and the necessity of the militia being called out "immediately and in force." Maj. Gaither, commanding the United States troops in Georgia, informs the Governor that he, also, has found it necessary to call out the militia to his aid. With such sanction as this-with the countenance of every United States officer in the State, the Governor would have been wanting in diligence and in fidelity, could he have hesitated a moment. Our frontier was streaming with the blood of women and children-our outer settlements were abandoned in dismay by the inhabitants, and the Governor could not hesitate how to act.

and which must have been anticipated by our | the War Department, and of other individuals, Government, removed one great exciting cause of Indian hostility. But, it is worthy of observations, that as late as 1795, one twelvemonth after the militia (the pay for whose services is now claimed) are disbanded, the Governor of Georgia is notified by the Secretary of War, that 200 regulars are about to be sent to the St. Mary's River, for the purpose of keeping the Creeks in order. So large a force being deemed necessary at one single point, at a time of comparative peace, would seem to prove that, if the Governor of Georgia had erred at all, it was in not having ordered out a much larger force. Sir, this was the opinion expressed in Georgia, as appears by Col. Freeman's correspondence. But, even taking it for granted, that no ex-letter of Maj. McCall, dated 15th of June, 1792, press or necessarily implied sanction of the General Government, was afforded, still the second point which I have made will fix a liability to pay for these services, upon the General Government: for, secondly, the circumstances were, of themselves, such as to fully authorize the Governor (under the Constitution of the United States) to act as his own discretion might point out. And here, sir, I would remark that this clause in our constitution, which recognizes the exercise, by a State authority, of a discretionary power, in times of imminent danger, is merely affirmative, or declaratory of a right which the God of Nature has given to every man, and which necessarily belongs to every community -which no law can take away, and which might have been exercised in the particular case before us, under the supposed state of things, even if the General Government had expressly forbid its exercise. I would also add, that, ex natura rerum, the individual threatened with imminent danger, must be the judge of the force which it is necessary for him to use, and the manner in which it is to be applied to secure safety to himself. Those who are present are alone able to determine the nature and extent of the danger. An individual at a distance, or a government at a distance, cannot be a competent judge. This in fact is frankly and readily conceded by the General Government; for the Federal Executive, in a letter addressed to the Governor of Georgia says:-"You are the judge of the degree of danger, and of its duration, and will undoubtedly proportion the defence to the exigencies." And, in another letter addressed to the Governor of South Carolina, that officer is expressly referred to the Governor of Georgia, as the proper person to determine when any auxiliary force should be ordered out from South Carolina. The reason is clear: he is on the spot, and is, therefore, alone competent to determine so important a

matter.

Of the existence of imminent danger on the frontiers of Georgia, we can easily convince ourselves, by casting only a hasty glance upon the communications of Governors Telfair and Matthews, and, also, of Col. Freeman, the agent of

The force to be employed, in defence, was not merely to be measured by the numbers of the enemy, (and these were not few, for they were composed of the two powerful tribes, the Creeks and Cherokees,) but, also, by the diffi culty of guarding an extensive and naked frontier. The whole force called out, never, at any one period, amounted to more than from ten to twelve hundred men, and it is absurd to suppose that this could have been disproportioned to the magnitude and pressure of the danger. When it is recollected, what forces were deemed necessary to subdue a part only of these very tribes, within a very few years pastwhen it is recollected that large armies from Tennessee, North Carolina, South Carolina, and Georgia, aided by several regiments of regular infantry, were required, at this late period, to bring but a portion of these tribes, impaired as has been their population, into submission, it may well be conceived what difficulties and what dangers the young and thinly populated State of Georgia had to contend with. With but a handful of United States troops to aid them, the militia of Georgia, at that early day, were required, by the General Government, to defend her whole frontier. The imminence of

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