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H. OF R.]

Occupation of the Columbia River.

(JANUARY, 1821.

Your committee are well persuaded that, by a little care and small expense, the citizens of this Republic might reap all the benefits of this trade, not only profitable now, but from every view of the subject there is a strong probability that it will increase for many years.

Were an establishment made at the mouth of Columbia, which should be allowed to take with them their women and children, there can be no doubt of success, as so many years' experience of the English fur companies have amply shown this mode has the most powerful effect in separating the minds of the men from pursuits which often in frontier countries lead to strife, as it gives them a local interest and feeling, and makes them even more vigilant and prudent in the discharge of all their duties. It is believed that population could be easily acquired from China, by which the arts of peace would at once acquire strength and influence, and make visible to the aborigines the manner in which their wants could be supplied. The coast of the Pacific is, in its climate, more mild than any part of the continent in the same parallel, and many vegetables on that shore grow in great abundance in the native forests, which are likewise natives of China.

cupy nearly the same position upon that side which | tages which the Russian position on the opposite ours do on this, has long been well informed of the coast possesses, is, that a voyage from Kamtschatka great and increasing value of that commerce; and to Japan can be made in an open boat, as it is a conwhile she has been nowhere visible, not even to the tinued chain of islands from the Okhotsk sea until it powers of Europe, only as she has of late taken part arrives at its place of destination. in a few memorable enterprises, she has been felt everywhere. No labor, care, or expense is avoided to make tributary the four quarters of the globe; forts, magazines, towns, cities, and trade, seem to arise on the coast as if by magic; with an army of a million of men, she sits not only in proud security as it regards Europe, and menaces the Turk, the Persian, the Japanese, and Chinese, but even the King | of Spain's dominions in North America are equally easy of access, and equally exposed to her fearful weight of power. Her watchfulness is ever in advance in discerning the most practicable avenues to profitable commerce. In the midst of all her busy arrangements she has not neglected the opportunity of possessing herself of two important stations on the American shore of the Pacific-the one at a place called New Archangel, in about 59 degrees of north latitude, the other at Bodiga Bay, in latitude 38 degrees, 34 minutes. At the former of these military positions, for the protection of her commerce, it is presumed, she has incurred much expense, and built a fort of great strength, situated upon one of the best harbors on the coast, standing upon a point of land projecting into the little bay, giving something of the appearance of a conical island in the centre of it; this fort is well supplied at all times with provisions and military stores, mounting one hundred and twenty cannon, carrying balls from eighteen to twenty-four pounds weight. That at Bodiga is well constructed and supplied with cannon, and has a good harbor; at this point they have ammunition and merchandise in abundance, and find the Indian trade at this post as well as New Archangel very considerable; besides the fine condition of this fort and its defences, they have many field-pieces, some of brass, of the finest construction, in good order and well mounted.

All these supplies have been conveyed to those places through immense oceans, round Cape Horn, which would have appalled any but Russian policy and perseverance.

The light articles destined for this trade are transported from St. Petersburg in sledges, which will perform in three months that which would require two summers of water-conveyance to effect; their communications are open to Kamschatka, to Fort St. Peter and St. Paul, by Okhotsk, in the Pacific, where they have the finest harbor in the world; the distance is estimated at ten thousand miles. The nation which can encounter such journeys as these, often through seas of ice, and storms of snow so terrible as to obscure an object beyond the distance of a few paces, to prosecute any branch of commerce, must be well and fully informed of its value. That the objects she has in view may not, by any event, be taken from her grasp, after encountering such vast difficulties, she has found it expedient to occupy one of the Sandwich Islands, which not only enables her effectually to maintain her positions, but to command the whole northern part of the Pacific Ocean. These islands, lying just within the tropics, in the direct course from the lower coast of North America to Canton, are well supplied not only with all the fruits of that climate, but with every vegetable and animal known in this country.

It is worthy of remark, that among other advan

"It is known that when the Spanish Government, in 1789, sent their ships of war up the coast to capture the British vessels which were intruding, they found seventy Chinese, whom the English had procured to emigrate, that they might be employed in the mechanic arts; and, though the people of that country evince no disposition to emigrate to the territory of adjoining princes, it is believed they would willingly, nay, gladly, embrace the opportunity of a home in America, where they have no prejudices, no fears, no restraint in opinion, labor, or religion.

The committee cannot doubt that an establishment made on the Pacific would essentially benefit the natives, whilst it would give this country the advantage of all its own treasures, which otherwise must be lost forever, or rather never enjoyed; and, from all that can be ascertained relative to its present and increasing value, of more profit to this country than the mines of Potosi,

From the best information which can be had, it appears that the Indian trade on the Missouri, below the Mandan villages, is worth about $120,000, and that on the Mississippi is valued at $250,000, making the sum of $370,000 annually. They have reflected upon this trade, and that prosecuted by the whalers on that coast, and are irresistibly drawn to the conclusion, that they are the most valuable to this nation, and demand its care and attention in a high degree. This trade, unlike any other, originates its own capital, and may fairly be said to bring into the United States $370,000 every year, where not one dollar previously existed, and adds that much to the wealth of the community as decidedly as though it had been fished from the bottom of the rivers in gold and silver, as it is in the market of China, or any other market, capable of purchasing as much; and if, with that amount in furs, a vessel should sail from the mouth of the Columbia to Canton, which is a voyage of from fifty to seventy days, she would return with that in exchange which would sell for per

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haps double that amount, thereby contributing to the comfort, enjoyment, and accommodation of the community, $740,000, which is the result not of a profitable voyage, but a creative trade.

It is believed that a shipment of tobacco, flour, or cotton, bears no comparison, in point of profit, with this, as they are properly the rough manufactures of the country, and the result of considerable capital, and the cargo brought back in return for them, in European or other fabrics, is only an increased value they receive by being exported and returned to us in that shape. Hence, the exportation of $370,000 worth of tobacco or cotton, should it return to us $740,000 in European silk and cloth, is still the original cargo of tobacco or cotton, as nothing but these have been paid for them; but, in the first instance, he who manufactures either the tobacco, flour, or cotton, is compelled to take into consideration the capital employed, and then the balance is his gain; but in the fur trade and the whale fisheries, there is in the one little capital, in the other none.

Under the strongest belief that by a new organization of the system of Indian trade, comprehending a settlement on the Columbia River, great benefits would result to the citizens of the Republic, whilst the aborigines would be better protected and provided for by instructing them in agriculture and the minor branches of the mechanic arts, the committee ask leave to report a bill.

MONDAY, January 29.

Naval Peace Establishment. Mr. BARBOUR, from the Committee on Naval Affairs, who were instructed, on the 11th instant, to inquire into the expediency of limiting by law the number of seamen, ordinary seamen, and boys, to be annually employed in the service of the United States, and also into the expediency of reducing the number now actually in service, made a report thereon; which was read, and committed to the Committee of the whole House on the state of the Union. The report is as follows:

That, by an act of Congress, approved the 3d of March, 1801, a Naval Peace Establishment was fixed by law, providing the number of ships which should be kept in constant service, in time of peace, and that the residue should be laid up in ordinary, with a sailing-master, certain petty officers, seamen, and marines attached to each vessel thus laid up; authorizing the President to officer and man the vessels to be retained in actual service, as he might direct, limiting him, however, to two-thirds of the then present complement of seamen and ordinary seamen, (by which the committee understand the two-thirds of the then full crews of the ships retained,) limiting the number of captains, lieutenants, and midshipmen, to be retained in the navy service in time of peace, and authorizing the President to discharge all the other officers in the navy service of the United States. That, by another act of Congress, approved April 21st, 1806, the President was authorized to keep in actual service, in time of peace, as many of the frigates and other armed vessels of the United States, as, in his judgment, the nature of the service might require, and to cause the residue to be laid up in ordinary in convenient ports; and the President was authorized to officer and man the public armed vesVOL. VII.-6

[H. OF R.

sels in actual service in time of peace as he might direct; but the act just referred to limited the number of captains, masters commandant, lieutenants and midshipmen; it limited, too, the number of able seamen, ordinary seamen, and boys, to nine hundred and twenty-five, and authorized the President to appoint, for the vessels in actual service, as many officers of the grades therein mentioned as might, in his opinion, be necessary and proper. That, by another act approved March 3d, 1807, the President was authorized, in addition to the then present Naval Peace Establishment, to employ a number of able seamen, ordinary seamen, and boys, not exceeding five hundred, should the exigency of the public service require it. That, by another act, approved January 31st, 1809, it was provided that, in addition to the frigates then employed in actual service, there should be fitted out, officered, and manned, four other frigates by name; and that the President might equip, man, and employ, in actual service, as many of the public armed vessels, then laid up in ordinary, and gunboats, as, in his judgment, the public service might require; and, for the purpose of carrying the provisions of the said act into effect, the President was authorized, in addition to the number of petty officers, able seamen, ordinary seamen, and boys, then authorized by law, to appoint, and cause to be employed, three hundred midshipmen, three thousand six hundred able seamen, ordinary seamen, and boys, to be engaged to serve for a period not exceeding two years, but subject to be sooner discharged. That, by another act, passed June 28th, 1809, the President was authorized, in the event of a favorable change in the foreign relations of the country, to cause to be discharged from actual service, and laid up in ordinary, such of the frigates and public armed vessels as, in his judgment, a due regard to the public security and interest would permit. That, by the President was authorized to cause to be immedianother act of Congress, passed March 30th, 1812, ately repaired, equipped, and put into actual service, three frigates by name; and it was provided, that the officers and seamen of the navy might be increased so far as was necessary to officer, man, and equip, the vessels so to be put into service. That, by another act of Congress, passed January 2d, 1813, it was provided, that the President should cause to be built, equipped, and employed, four ships, to rate not less than seventy-four guns, and six to rate fortyfour guns each; and the number of commissioned and warrant officers, petty officers, able seamen, ordinary seamen, and boys, to be employed on board each of the said ships of seventy-four guns, was fixed by the act; the crew, so far as it consisted of seamen and boys, was limited to two hundred able seamen, and three hundred ordinary seamen and boys. That, by another act, passed March 3d, 1813, the President was authorized to have built, manned, equipped, and commissioned, for service, six sloops of war, and, also, to have built or procured, as many sloops, to be employed on the lakes, as the public service might require; and by the second section of the last-mentioned act, the President was authorized to appoint such officers, and to employ such number of seamen, as might be necessary for such vessels as were authorized by law to be put in commission, any law to the contrary notwithstanding.

The committee have thought it proper to give to the House a brief view of the progress of legislation in relation to this subject, and they believe the fore

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going sketch substantially to present it. Upon a reference to the various acts of Congress before referred to, it will be found that, both in the years 1801 and 1806, there was a Naval Peace Establishment fixed by law, limiting not only the number of seamen and boys, but of officers also. It will be found, too, as your committee believe, by reference to dates compared with the history of the country, and indeed to the language of some of the acts of Congress themselves, that the subsequent provisions, in relation to the Naval Establishment of the United States, had reference directly to what either then was or probably soon would be, the relation of the country to foreign Governments; in short, that they looked directly to a state either of actual or probable

war.

Your committee understand the resolution referred to them to relate to the number of seamen and boys necessary to be employed in time of peace, and whether that shall be fixed by law. In the present state of things the only limitation upon the number of seamen is to be found in the appropriation bill, which, in effect, annually limits the number to be employed by the amount of the appropriation annually made for that object. Your committee believe, that the proper office of the appropriation bill, is, as far as practicable, to provide means for objects authorized by existing laws; there are, indeed, cases which, on account of the contingent or uncertain character of the expenditure, constitute exceptions to this rule; but, in general, the rule is considered as a sound one.

Your committee would further remark that, in investigating this subject, they have extended their inquiries beyond the mere scope of the resolution, into the propriety of fixing a Naval Peace Establishment, embracing as well the number of officers as ships to be kept in the service of the United States in time of peace; and they beg leave shortly to submit some of their reasons for thinking that there should be a Peace Establishment in the Navy as well as the Army. Although, by the Constitution of the United States, the President is Commander-in-chief of the Army and Navy, yet it belongs to Congress to "raise and support" the one, and to "provide and maintain" the other; the power to provide and maintain implies that of determining the quantum; a question the decision of which ought not to be left, in the opinion of your committee, to the Executive Department, and yet, in practice, it is in effect left to Executive de cision; for, as has been before remarked, there being no permanent law in force limiting the number of officers, ships, or men, to be kept in service, the only limitation is in the amount of appropriation; and your committee believe that in practice the amount of the estimates has generally been appropriated, without discussion in Congress as to the necessity of them. Whatever confidence we may have in the Executive, it seems not to be right, in principle, to leave to its discretion, in effect, the decision of a question which belongs to the Legislature.

Your committee believe that in Great Britain, though the number of seamen is not fixed by a permanent law, yet it is settled by the annual vote of Parliament. If there were probable danger of war, or difficulty in our foreign relations, it might not be inexpedient to fix the number of seamen by a permanent law, but, in the present circumstances of the country, it seems to your committee it may be done. It will be remembered it is a Peace Establishment

[JANUARY, 1821.

which is contemplated; when war shall come, or even upon its probable approach, both the Army and Navy will doubtless be placed upon a footing suited to the then altered state of the country.

Your committee would further remark, that an additional reason with them for inclining to a Peace Establishment, is to fix the number of officers who, they believe, in many grades, are too numerous, and yet for all whom, unless their number shall be reduced by law, an appropriation must be made.

Your committee are aware that this is a difficult and delicate subject; the officers of the Navy in the recent war not only distinguished themselves, but, by breaking the charm of invincibility belonging to the British Navy, contributed much both to our glory and our solid strength as a nation. The committee are also aware that many of them have devoted some of their best years to their profession; yet, if the interest of the country requires a reduction, painful as the duty is, it is one which ought to be performed. In relation to the number of ships to be retained in service, the reasons which would prove the propriety of fixing the number of seamen, would apply with full force to them; indeed, it is another state of the same question, in substance, since, if the number of seamen be fixed, no more vessels will be employed than they can man; and the fixing a certain maximum of seamen is considered a more judicious course than to fix the number of ships, inasmuch as the President will then be left at liberty to use such classes of vessels as may, in his opinion, be best adapted to the nature of the service; the aggregate of the guns, however, being limited by the number of men allowed to man them.

Your committee have said, that they consider the officers of many of the grades as too numerous; they will now proceed to state the grounds of their opinion. They have not for a moment entertained the idea of paring down the officers of the Navy to any thing like a mere sufficiency to officer the ships to be actually retained in service in time of peace; it is obviously impossible, upon this subject, to select any given number, and show that it is precisely the right one; some reasonable rule must be adopted.

Your committee have acted upon the principle that, whilst, on the one hand, the mere number of officers necessary for the vessels in actual service is not sufficient, with a view to the future progress and prosperity of the Navy, on the other, it would be entirely out of the question to employ, in time of peace, as many as would officer our whole Navy, built and to be built, in time of war. They have, therefore, selected what they consider a medium between these extremes; it appears, by the Naval Register of 1821, that the total number of guns of our ships, which are built, equipped, and launched, (which description includes the three line-of-battle ships Ohio, North Carolina, and Delaware, which are believed not to be equipped,) amounts to seven hundred and ninety-seven, of all classes of vessels, gunboats included.

Your committee have thought that, if we retained in service in time of peace a sufficient number of commissioned and warrant officers to officer all those upon the War Establishment, it would afford a liberal Peace Establishment. Bringing the number of officers to this standard, the committee find that there are various ranks in which the present number considerably exceeds that which would be required by

JANUARY, 1821.]

Missouri-Resolution from the Senate.

[H. OF R.

Missouri-Resolution from the Senate.

Senate, for admitting Missouri into the Union, with a caveat against the provision, if there be any, which conflicts with the Constitution of the United States, was taken up.

the rule just stated; they will descend to particulars in a few grades, in which the excess is relatively most considerable; thus, upon this scale, there is an On motion of Mr. CLAY, the House resolved excess of fifteen post captains; of twenty masters itself into a Committee of the Whole on the commandant; of seventy lieutenants; of twenty-state of the Union; and the resolution from the seven surgeons; of more than forty sailing-masters. There are, perhaps, two or three grades in which an allowance of a few more than even this scale would produce, might be judicious; amongst them, probably, might be placed the midshipmen, who may be considered as constituting the nursery of the future commanders of our ships; this, however, would only vary the result in an inconsiderable degree. The committee forbear to go into further detail upon this subject, because, if the House should adopt the principle, the detail could be presented in a bill.

Mr. RANDOLPH moved to strike out the proviso (or caveat) from the resolution, but waived his motion for the present, to accommodate Mr. CLAY, who wished to address the committee on the whole subject.

Mr. CLAY then delivered his sentiments at large on the present state of this question. He was in favor of the resolution from the Senate, and should vote for the resolution, even though more emphatically restricted against any supposed repugnance of one of its provisions to a provision of the Constitution of the United States, the existence of which, however, he did not by any means admit.

When Mr. CLAY had concluded

Mr. RANDOLPH renewed his motion to strike

out the proviso, and spoke for about fifteen minutes in support of it.

As to the seamen, if it should be decided to fix the number by law, the resolution then directs the committee to inquire into the expediency of reducing the number now in actual service. Upon this subject the committee would remark, that it will be seen, by adverting to a letter from the Navy Department, under date of the 11th December, 1820, amongst the printed documents, that the whole force of the vessels of war in the actual service of the United States, amounts to about three hundred and thirty-five guns, distributed as is mentioned in the same letter. Your committee incline to the opinion, that the following diminution of that force may be made without injury Mr. LOWNDES deprecated the motion, as goto the public service, viz: instead of corvettes and a sloop on the coast of Africa, whose object is the sup-ing to present to the House the naked question pression of piracy and the slave trade, three of the which it had already decided in the negative, schooners authorized by the act of the last session and as preventing a decision upon the proposiwould be sufficient, making a deduction of 34 guns; tion as it now stands. instead of a 36 gun frigate in the Indian Seas, the corvette Cyane of 28 would be sufficient, making a deduction of eight. If to these deductions be added the force of the Macedonian and Ontario, of which the one is returning after being replaced by the Constellation, and the other is proceeding to take the place of the Peacock, amounting together to 54 guns,

the whole force which would remain after these deductions from that now in service, would be 239 guns; but suppose an additional number of 36 guns to be included for any contingent service, such, for example, as the replacing of a vessel returning from a cruise, then the whole force which, according to the views before presented, would be necessary, would be 275 guns: to man this force upon a War Establishment, if the committee have not erred in calculation, would require 856 able seamen, 802 ordinary seamen, and 195 boys; to this add, according to a document of the last session, for the ships in ordinary, navy yards, and navy stations, 287 able seamen, 314 ordinary seamen, and 67 boys; and the aggregate is of able seamen 1,143, of ordinary seamen 1,116, and of boys 262; total of able seamen, ordinary seamen, and boys, 2,521. The estimate from the Navy Department for the service of the year 1821, embraces 1,322 able seamen, 1,307 ordinary seamen, and 293 boys; making an aggregate of 2,932; from which it would seem that, if the force suggested by the committee be retained in service, there might be a reduction of about 411, viz: 187 able seamen, 191 ordinary seamen, and 31 boys.

Upon the whole view of the subject, the committee beg leave to recommend to the House the following

resolution:

Resolved, That a Naval Peace Establishment ought to be fixed by law.

Mr. BARBOUR assigned the reasons why he should vote against the motion; himself regarding the proviso as useless and unnecessary, but willing to retain it to gratify gentlemen who were of a different opinion.

Mr. SERGEANT inquired whether it would be in order, this proviso being stricken out, to move to introduce a different one.

The CHAIRMAN decided that it would. The question was then taken on striking out the proviso, and decided in the negative, 82 to 54. So the proviso was retained.

Mr. STEVENS assigned the reasons why he should vote against the resolution.

Mr. Foor moved to amend the resolution by adding to it another proviso, that it be taken as a fundamental condition on which said State is admitted into the Union, that so much of the constitution as requires the Legislature to pass laws to prevent the migration of the free people of color thither, shall be expunged from the constitution of the State within two years from this time, in the mode prescribed for amending the constitution. [This would admit Missouri into the Union forthwith on the condition stated.]

Mr. Foor observed, that he could not consent that the question be taken on this resolution, with a certain prospect of its rejection, without making one effort for an amicable settlement of this distracting question. I have, therefore, said he, risen for the purpose of offering an amendment to the resolution-not with the vain hope that this particular amendment will

84

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Missouri-Resolution from the Senate.

(JANUARY, 1821. Provided, That it shall be taken as a fundamental be adopted, but with a sincere desire (if I know my own heart) to afford to gentlemen an oppor-condition, upon which the said State is incorporated tunity of proposing such modifications of the in the Union, that so much of the 26th section of the amendment as will unite the votes of a majority of this committee, who appear to be desirous of admitting Missouri into the Union upon terms which will not compromit principle.

3d article of the constitution which has been submitted to Congress, as declares it shall be the duty of the General Assembly " to prevent free negroes and mulattoes from coming to, or settling in, this punged, within two years from the passage of this State, under any pretext whatsoever," shall be exresolution, by the General Assembly of Missouri, in the manner prescribed for amending said constitution.

It is due from me, and the committee will expect, a candid and plain statement of my views of the effect which will be produced by its adoption. The majority of this House have already decided that the constitution of Missouri does not contain a provision which, in their opinion, is repugnant to the Constitution of the United States. It has not been proposed by any gentleman to revive the question of restriction, so much agitated at the last session; and it may be presumed no such intention exists. This amendment proposes the admission of Missouri into the Union upon a certain condition. The act for the admission of Louisiana into the Union, furnishes a precedent for the course now tience of the House, and I fear the patience of proposed. The condition proposes that Missou-present session. I am aware, sir, that the pari shall expunge the offensive article from her the people we represent is much fatigued, if not constitution, in the manner provided by her constitution for its amendment, and give suffi- exhausted, by the numerous editions of the same arguments which have been delivered cient time for the amendment, without the But, sir, as the subject comes from the Senate trouble and expense of calling a convention for upon the subject now under consideration. in a new shape, and as I seldom trouble the the purpose. House on any occasion, I shall be permitted Mr. CLAY moved to amend the amendment briefly to assign the reasons which will govern by adding words to this effect: "so far as they vote on this question before the commitsame (the clause of the Missouri constitution) tends to deprive citizens of each State of the privileges and immunities of citizens of the several States. This motion, however, he subsequently withdrew.

Mr. BUTLER, of New Hampshire, spoke as follows:

I do not rise, Mr. Chairman, said Mr. B., to revive the discussion of the question of restriction, as it has been called, which was very elaborately argued and determined at the last session, nor for the purpose of provoking further debate upon the several questions, relative to have been thoroughly investigated during the the admission of Missouri into the Union, which

Mr. BALDWIN having expressed his intention to vote for this proposition—

It being suggested, that other gentlemen had amendments which they wished to propose, and that it would be well to have them all presented to-day, so as to be examined and compared

Mr. SERGEANT rose, as it might be supposed, from the question he had put, that he had an amendment to offer, to say that he had not; that he should vote for every amendment which should bring the resolution nearer to what he wished, but with a clear determination, for which he would hereafter assign his reasons, to vote against the resolution, however amended. Soon after this, the committee rose, without coming to any decision; and the House adjourned.

TUESDAY, January 30. Missouri-Resolution from the Senate. The House having then again resolved itself into a Committee of the Whole on the state of the Union, the resolution from the Senate, for the admission of Missouri into the Union, was resumed the motion of Mr. Foor being under consideration; which motion is to strike out the proviso to the Senate's resolution, and in lieu thereof to insert the following:

tee.

Sir, the resolution under consideration, if possible, is more exceptionable than that which was reported by a committee of the House, and rejected. Those who doubted whether any provision in the constitution of Missouri contravened the Federal Constitution, might support the former resolution, but cannot, I apprehend, agree to the resolution from the Senate now before the committee; because it admits and avoids the very point or matter in controversy. Sir, if you pass this resolution, you proclaim to the world a disregard of the sacred obligations imposed by the constitution of your country. The language of the resolution imconstitution of Missouri, and, also, that it is, or plies your right to examine and judge of the at least may be, repugnant to the Constitution of the United States, and waives the solemn obligation of supporting that sacred instrument.

Sir, if we must receive Missouri into the Union, under her present form of government, I hope we shall not, by the admission, convict ourselves of a breach of the constitution, and fix the mark of the beast upon our foreheads. The guilt of sinning against the constitution of our country, is not concealed by the magical proviso in the resolution, nor does it obviate in any degree the objection, or remedy the evil of which you complain. By this mode of procedure, if the constitution of Missouri had been throughout repugnant to the Constitution of

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