Mr. BURTON made some further remarks. All legislation, he said, went upon this principle: that, by possibility, agents may be dishonest, and it is therefore necessary to have some security against their being so. This security the Government of the United States could not take of the Vaccine agent. It was because this Government cannot, and the State governments can, properly regulate this matter, that he wished this law to be repealed. Mr. CONDICT said, he apprehended the House were about to act hastily, in repealing a law that has been in operation since the year 1813, and which was enacted with due deliberation. In Europe, such is the confidence in vaccination, as a prevention of small pox, that the Governments compel their subjects, under severe penalties, to be vaccinated. But, under our free Government, no compulsory measures can be resorted to; and he agreed with the gentleman from North Carolina, (Mr. BURTON,) that the State governments are the most competent to legislate upon these subjects. We may, however, lend the aid of this Government by the appointment of an agent to furnish an ample supply of vaccine matter, and distribute it to those who may apply through the Post Office Department, free of postage. When the law now proposed to be repealed was first enacted, in 1813, it was the opinion of many respectable members, that the best plan would be to give the agent a salary to compensate him for his services, and cause him to distribute the matter gratuitously to every applicant. Others, however, doubted the Constitutional power of Congress to apply the public money in this way, and the law now proposed to be repealed was passed. While he would applaud the deep interest and solicitude of the gentleman from North Carolina, for the health and lives of his neighbors, he would ask of the House to pause and reflect, before they decide, under the excited feelings of a moment, to lessen public confidence in the efficiency of a remedy against the greatest scourge which was ever visited upon the human family. Would it not be a matter worthy of inquiry, whether, instead of repealing the law, and thus subjecting the people to the additional expense of postage, it would not be better policy to modify the law so as to authorize the appointment of an increased number of agents in different parts of the country for the more extensive diffusion of the benefits of vaccination? Would it not be good policy so to regulate the Army and Navy as to compel every new recruit, every cadet in the Academy, and every midshipman and marine in the Navy, to be vaccinated? The President of the United States has already dismissed the agent, in consequence of the violent prejudices against him, growing out of his unfortunate mistake in sending the small-pox virus to North Carolina. Is not this a sufficient punishment for a single error? And who among us claims exemption from error? Who among us does not claim the privilege of being mistaken? Mr. C. said, he would venture to assert that fifty thousand souls at least, and more, probably one hundred thousand, have received from this agent the benefits of vaccination, through the instru H. OF R. mentality of this law, which you are now about to repeal. He hoped the House would pause and reflect before they decide; and, for the purpose of affording time, he moved that the bill be postponed to the first day of the ensuing session of Congress. Mr. WHIPPLE, as one of the committee which reported this bill, gave the House his reasons for favoring it. He paid a tribute of respect to the motives of the act of 1813, establishing the Vaccine agency; but did not think that the views of the authors of it had been realized. He stated the actual operation of the act, which had been to tax the people at large for the profit of the agent, who drew it from them by virtue of the monopoly which Congress had thus granted to him. It was in evidence, before the committee, that, under the Vaccine agency, something like forty-five thousand dollars had been drawn, by the agent, from different quarters of the Union. From all the facts, and comparing the benefits received with the cost, &c., Mr. W. said it was doubted by the committee, whether the institution had produced any real benefit to the country. From inquiries made by the committee, it appeared to them that comparatively little good had proceeded from it; and that individual interest would do more on this subject towards the promotion of vaccination, the preservation of matter, &c., if left free to all, than could be done by any legislation by Congress. If the institution were to continue, the committee were of opinion that the law ought to be modified, &c., so as to make the agent more responsible for the performance of the duties understood to be devolved upon him by it. Mr. WRIGHT adverted to the inconveniences experienced before the discovery and general diffusion of vaccination, to show how important it was to cherish and protect it. He reviewed the evils of the small pox, and the great blessing, comfort, and cheapness, of vaccination, as a preventive. He expressed his doubts, indeed, whether the small pox had been sent to North Carolina by Dr. Smith, who had every motive to prevent his sending it; and thought it more likely to have been introduced by the North Carolina doctors, whose interest it was to have the people as sick as they could be. The nation, he concluded, was bound to diffuse such a blessing as vaccination by every possible means; and he therefore hoped that this bill would not pass, but that another agent would be appointed, &c. Mr. Top asked, whether it was not a fact that a question had been raised as to the efficacy of vaccination? Whether there were not some doctors, or quacks, who pretend that vaccination is wholly useless? He knew, he said, that there were people in this country who went about preaching to that effect, and that the old fashioned small pox was the only thing at last. Now, if you repeal this law, said Mr. T., will it not be supposed that the whole Legislature has lost confidence in vaccination? He asked another question-whether vaccination had not, since its introduction among us, saved a great many lives? Whether there did not die of small pox, before the introduction of vaccination, more persons in six months than now die in ten years? If this question was answered in the affirmative, he would ask another-whether the question of the repeal of the act establishing the Vaccine agency be not a very serious one? He knew that Congress could not compel an agent to perform the duties, by punishment for failure, &c., but, he asked, if the accident had not hap pened in North Carolina, should we have ever heard of the repeal of that law? If so, ought the House, from a momentary irritation, to repeal the law? If we are to legislate on this principle, said Mr. T., it is very well we have not authority to regulate steamboats; for, not long ago a steamboat burst her boiler on the Mississippi or the Ohio, and killed or wounded sixteen persons. A horrible accident! And if this House had had the power to regulate steamboats, and any member from the West had moved, in consequence of this accident to his constituents, to prohibit their use altogether, Mr. T. contended it would have been just as reasonable as to pass this bill, &c. He repeated the idea that Congress ought not, at this moment, to throw its authority into the scale against vaccination; and he therefore hoped the bill would not pass. Mr. BURTON said, that no one doubted the efficacy of vaccination. It was believed in before the act of 1813 passed, and would be equally confided in after its repeal. APRIL, 1822. said, was instituted to collect revenue, to provide for the public defence, and pay the public debts. How far it had departed from that limited sphere of action he would not now inquire, but it was certainly at fault when it undertook to regulate any part of the practice of medicine. After some other remarks, Mr. E. said, in conclusion, that it was very important that the medical faculty should be taught to take and preserve this matter, and that they never would do so unless this agenty was abolished. Mr. Wood professed himself satisfied that the General Government ought never to have undertaken to legislate on this matter, and that the act establishing the agency ought to be repealed. The question was then taken on postponing the bill to the next session, and decided in the negative. The question recurred on the passage of the bill, and was decided in the affirmative-yeas 102, nays 57, as follows: Phillips, Pierson, Pitcher, Plumer of New Hampshire, Plumer of Pennsylvania, Rankin, Reed of Massachusetts, Reid of Georgia, Rich, Rochester, Ross, Russell, Sanders, Sawyer, Arthur Smith, Alexander Smyth, J. S. Smith, Stevenson, Stewart, Swan, Tatnall, Tomlinson, Tucker of South Carolina, Tucker of Virginia, Upham, Van Rennselaer, Van Wyck, Walker, Walworth, Whipple, Williams of North Carolina, Williams of Virginia, Williamson, Wood, YEAS-Messrs. Alexander, Archer, Barber of Connecticut, Bassett, Baylies, Blackledge, Blair, Breckenridge, Brown, Burrows, Burton, Butler, Cambreleng, Campbell of New York, Campbell of Ohio, Cannon, Cassedy, Chambers, Cocke, Conkling, Conner, Crudup, Cushman, Dane, Darlington, Denison, Dwight, Edwards of Connecticut, Edwards of North Carolina, Eustis, Findlay, Floyd, Garnett, Gilmer, Gist, Gross, Hall, Hardin, Harvey, Hill, Hobart, Holcombe, Hooks, Hubbard, F. Johnson, J. T. Johnson, Mr. EUSTIS briefly delivered his sentiments on the subject of the bill. He was opposed to the McLane, McNeill, McSherry, Matson, Mattocks, MetJones of Tennessee, Keyes, Leftwich, Long, McCarty, postponement, because the office of agent being calfe, Mitchell of Pennsylvania, Moore of Pennsylvania, now vacant, the question to abolish it could be Moore of Alabama, Murray, Nelson of Massachu decided on the abstract question of its utility, with-setts, New, Overstreet, Patterson of Pennsylvania, out reference to the individual filling it. The whole subject of vaccination, he said, was always, in his opinion, one of those which are best left to the States, the medical faculty, and the people. The motives of the law, he knew, were benevolent, and he would not say that it might not have had some little beneficial effect. But it constitutes a monopoly, and discourages medical men, who are acquainted with the subject, from exerting themselves in promoting vaccination. The very reason that had been urged for retaining the agency, viz., that this agent would preserve the vaccine matter when others would not, was the very reason why he objected to it. All physicians ought fully to understand the subject; and they will make it their business to do so when it becomes their interest, by the abolition of the present monopoly. If the exclusive care of it be given to one, it will never be generally understood. In the general doctrine of the efficacy of vaccination, all Europe and this country were agreed. There is, however, in man a propensity, when a thing is done to his hand to take it as he finds it; and our physicians, therefore, have not of late sufficiently attended to this important subject. The very debate of to-day shows that this ought never to have been a subject of legislation. It is professional entirely; and it could not be expected that the President should be competent to select for the agency, if suffered to continue, the person best fitted for it by professional acquirements. This Government, Mr. E. Woodson, and Worman. NAYS-Messrs. Baldwin, Ball, Barber of Ohio, Bigelow, Borland, Buchanan, Colden, Condict, Cook, Crafts, Cuthbert, Durfee, Eddy, Edwards of Pennsylvania, Farrelly, Gebhard, Hawks, Hendricks, Jackson, Kent, Lathrop, Lincoln, Litchfield, McCoy, MalMontgomery, Moore of Virginia, Morgan, Nelson of lary, Mercer, Milnor, Mitchell of South Carolina, Maryland, Nelson of Virginia, Newton, Patterson of New York, Poinsett, Reed of Maryland, Rhea, Rogers, Russ, Ruggles, Scott, Sergeant, Sloan, S. Smith, Sterling of Connecticut, Sterling of New York, Stoddard, Taylor, Tod, Tracy, Vance, Warfield, White, Whitman, Woodcock, and Wright. So the bill was passed, and sent to the Senate for concurrence. APPROPRIATION BILL. The amendments proposed by the Senate to the bill, entiiled "An act making appropriations for the support of Government for the year 1822," were read, and committed to the Committee of the whole House on the state of the Union. [Mr. TRIMBLE made an attempt to get the bill for erecting toll-gates on the Cumberland Road, referred to the same committee, but failed.] The House then went into a Committee of the Whole on the state of the Union, on the aforesaid amendments. The amendment by the Senate to appropriate $1,000 for the Public Library, was concurred in; and the further amendment to provide for the usual payment to clerks in the Treasurer's department being under consideration, and a letter having been read from the Secretary of the Treasury, decidedly recommending the same, Mr. COCKE opposed the concurrence, on the ground that the number of clerks had increased, whilst the extent of their duties had diminished. Mr. TUCKER, of Virginia, and Mr. SMITH, of Maryland, expressed their sentiments in favor of the concurrence, when the question was taken thereon, and carried-ayes 65, noes 46. The amendment to appropriate $40,000 for surveying certain public lands in 1821, was disagreed to without discussion. The amendment proposing an additional appropriation to run the boundary line (to carry into effect the treaty) between this country and the now, or late, dominions of Spain, being under consideration Mr. CoсKE opposed the concurrence, on the ground that, if this appropriation should be made, a commissioner would doubtless be appointed for that service by our Government, whether he is allowed to go on and perform his duties or not; and he thought it would be inconsistent with our own act, by which we had recognised the independence of Mexico, to make at this time an appropriation to run a line under authority of a treaty with Spain, when, by that act, we have said that she no longer retains any authority over that province. Mr. WALWORTH was also opposed to a concurrence, and, in addition to the remarks from the gentleman from Tennessee, (Mr. CoCKE,) he thought an appropriation at this time would be altogether unnecessary-and by the next year, should the Mexican Government, having become tranquillized and settled, agree to run the line between this Government and that, it will then be time enough to make the appropriation. Mr. BURTON advocated the appropriation on the ground that the Government had entered into a solemn obligation with Spain to run the line, and an agent for that purpose had been already appointed by the Government of that kingdom. Should Mexico interfere and prevent the execution of that engagement, it would then become a matter merely between Mexico and us. We have only to perform our engagements, and he hoped, especially under the circumstances of our present relations with the Spanish Government, that no additional or real cause of complaint would be given to that Power. Mr. FLOYD remarked that he was not in the House at the time this bill was originally passed; but he thought it very singular to appropriate a sum for the recognition of Mexican independence, H. OF R. and at the same time to appropriate another sum to run a line between that country and this, under authority of a treaty with Spain, from which we admit that province has been severed. He thought it would almost render us ridiculous to adopt such a course. He was also opposed to the measure, on the ground that it was an amendment which came from the Senate at a late period of the session; and he referred to a similar case in the last year, in which the very existence of a treaty was unknown to this House, until it was called on, by an amendment from the Senate, to make an appropriation for carrying it into effect. Mr. F. also thought there would be no violation of good faith, on the part of this Government, in withholding the appropriation, inasmuch as Spain had omitted, for a longer time than the treaty stipulated, to appoint the officer to accomplish that object. Mr. FULLER could see no advantage in making the appropriation, even should Mexico permit us to go on in running the line; but he thought there was danger that, in attempting it, we should come into collision with that Government. It seems to be inviting a controversy which we ought to be most solicitous to avoid. Mr. A. SMYTH made a few remarks on the subject, in the course of which he expressed the opinion that, whenever the line was run, it should be in conjunction with Mexico, and not with Spain. Mr. Wood observed that a great part of the line which was to be run, was between this Government and Texas; that Texas was a distinct province from Mexico-not under its present jurisdiction-and we had no knowledge that it would finally accede to or connect itself with the new form of government which had been adopted in the late provinces. Mr. POINSETT Contended that independent Mexico would be bound by the line that should be run between that province and the United States, under our treaty with Spain; and he thought it was incumbent upon us to preserve inviolate the faith which we had pledged in that treaty. Mr. COCKE moved to amend the amendment, so as to provide that the commissioner and surveyor should not receive any compensation, until they should have entered on their respective duties. The motion prevailed; and, after further remarks on the amendment of the Senate, as amended, in which Mr. NELSON of Maryland, Mr. FLOYD, Mr. RHEA, Mr. BURTON, and Mr. FARRELLY, participated, the question was taken on agreeing to the same, and decided in the negative-ayes 57, noes 69. So the House disagreed to the amendment of the Senate, and subsequently to the amendments appropriating compensation to the Commissioner of Public Buildings; increasing that of William Elliot, an assistant employed in ascertaining the longitude of the Capitol; and for repairs to the Cumberland road. On the latter question a debate of some length arose: in which the concurrence was advocated by Mr. STEWART, and incidentally by Mr. TRIMBLE, and opposed by Mr. STEVENSON and Mr. BALDWIN. The first amendment of the Senate to the proviso which directs a retention of salaries, &c., from those who are in arrears to the Government, being under consideration Mr. H. NELSON rose, he said, to vindicate the character of this House and of the Chief Magistrate of the country from the aspersions which he understood were in circulation out of doors in reference to this subject. It had been rumored that this proviso was introduced for the purpose of preventing the Chief Magistrate from receiving his salary, on the ground of alleged arrears in his account which accrued from his former mission to the Court of France. To repel that imputation, so unworthy of the dignity of the House, he had addressed a letter to the Comptroller of the Treasury for information on the subject; from whom, in reply, he had received a copy of the account current with Mr. Monroe, which he wished might be read to the House, to show that no arrearages were due from the Chief Magistrate. The letter of the Comptroller was read by the Clerk, and a letter from Mr. Monroe, with a reply, were also presented to be read, when Mr. STEVENSON rose, and said, he thought the reading was superfluous. He was satisfied on the subject, and had heard no whisper of such a rumor as his colleague had mentioned. A number of gentlemen of the House also disclaimed having heard any such rumor. APRIL, 1822. Affairs, to future operation, without reference to the past. Mr. LINCOLN opposed the amendment, on the ground that, if such allowance should be refused, it would create the necessity of a special local agency, at great expense, to do those duties which the Governor now performs. Mr. L. took an extended view of the subject, in the course of which he was called to order by the Chairman of the Committee, as wandering from the point under consideration. Mr. LINCOLN appealed from the decision of the Chair, and the decision of the Chair was overruled by the Committee. Mr. L. then pursued his remarks, and continued the debate for nearly an hour, in support of the character and services of Governor Cass, and of the inexpediency of adopting the present motion. Mr. GILMER replied to the remarks of the gentleman from Maine, (Mr. LINCOLN,) in an animated speech of considerable length, and adverted with historical minuteness to the expenditures referred to. He pointed out the abuses in the Indian department, which, in his opinion, required correction; disclaimed any personal reference to Governor Cass, but directed his observations to the system under which he acted. Mr. FLOYD was in favor of the motion, and submitted a variety of observations on the general policy of the Indian department, as it had been Mr. COCKE averred, that, when he made the hitherto conducted. In the course of his remarks, motion, he had no reference to any individual of he said that all the Indians east of the Rocky the whole human family. He was led to it from Mountains, did not exceed, (according to the examining the published list of unsettled balances. Missionary accounts,) 260,000. A vast proporMr. NELSON said that he was far from imput- tion of these, the United States had no intercourse ing the origin of the rumor to any member of the with. Of the residue, Major O'Fallon, on whose House; and it was only for the purpose of vindi-activity, fidelity, intelligence, and zeal, he thought cating the character of the House from such an imputation that he had addressed the Committee on the subject. Mr. N. insisted upon the reading of the letters, on which a question of order arose, and the reading was decided to be not in order. The question was then taken on agreeing to the amendment of the Senate, and lost. A subsequent amendment of the Senate to the same proviso, stipulating that it should not extend to such defaulters as became so by the depreciation of Treasury notes, was agreed to. The Committee then rose, and reported their proceedings. In the House, the respective amendments agreed to in Committee of the Whole were agreed to; and the disagreements to the amendments of the Senate, which the Committee of the Whole had reported, were also confirmed. MILITARY APPROPRIATIONS. The House then resolved itself into a Committee of the Whole on the state of the Union, on the bill making further appropriations for the military service of the United States, for the year 1822. The question recurred upon the amendment of Mr. Ross to the amendment of Mr. COCKE, limiting allowances to the Governors of Territories for extra services as Superintendents of Indian as much reliance could be placed, as on those of any other Indian agent, had charge of no less than 42,000 at the Council Bluffs. Yet this Government was charged with the expense of supporting a vast number of agencies, where the number of Indians superintended was comparatively very small. Mr. F. also adverted to the nature of the claim now made on the House. Formerly, he observed, the House of Representatives were inquired of, Whether, if a treaty should be formed, they would make appropriations to carry it into effect. Now, the language of the Senate was we have made a treaty, and you must appropriate the sums which we have rendered necessary to comply with it. Mr. F. utterly disclaimed any personal reference to Governor Cass. Mr. VANCE made a spirited reply to the observations that had been made with respect to the Governor of Michigan. He adverted to the Cherokee agency, (Mr. Crowell's,) where $1,800 was given to the agent, which was within $200 of the whole sum that Government was willing to allow to Governor Cass for exercising the duties, not only of Indian superintendent, but of Governor of the Territory of Michigan. He also alluded to the dearness of living at Detroit, which he said was as expensive as at Florida, or any other point of the Union. He took an extensive and comparative view of the Southern and Northern Indian agencies, and thought the latter were as little chargeable with extravagance as the former. On motion of Mr. BALDWIN, the Committee rose, reported progress, and obtained leave to sit again. WEDNESDAY, April 24. Mr. SMITH, of Maryland, from the Committee of Ways and Means, reported a bill to provide for annuities to the Ottowas, Pottawatamies, Kickapoos, Choctaws, Kaskaskias, to Mushalatubbee, and to carry into effect the treaty of Saganaw; which was read twice, and committed to a Committee of the Whole. Mr. NEWTON, from the Committee on Commerce, to which was referred the bill from the Senate, entitled "An act to authorize the building of lighthouses therein mentioned, and for other purposes," reported the same with amendments; which were committed to a Committee of the Whole. Mr. HARDIN, from the committee appointed on the 18th of February last, to inquire what retrenchment can be made in the expenditures of the Government, further reported, in part, a bill to reduce the annual compensation of certain officers of Government; which was read twice, and committed to a Committee of the Whole. Mr. ALEX. SMYTH, pursuant to notice, asked leave to introduce a bill to allow persons not residing within the District of Columbia, and against whom judgments shall have been obtained therein, the benefit of the law for the relief of insolvent debtors, in like manner as the same is allowed to persons residing within the same Dis trict. Leave was given, and a committee of three was appointed thereon. Mr. KENT moved for the consideration of the bill from the Senate, to authorize the corporation of the city of Washington to drain the low grounds, and to ornament the public reservations in the said city. The House agreed to consider the same. Mr. MALLARY rose, and made an exposition of difficulties which, in his view, stood in the way of this bill. The first was, that the bill contemplated an important change in the plan of the city, which might have a material effect on the public property; and the other was, that it went to affect the contract between the United States and the original proprietors of the ground on which the city stands one of the conditions of which was, that the ground which it is proposed by this bill to sell out for building lots, should be reserved for public purposes, or remain forever vacant; and that to devote it to other purposes, would give them a claim to indemnity, &c. These considerations, he argued, ought to induce the House to hesitate in deciding on it. He therefore moved to postpone the bill to the first day of the next session of Congress. A motion was made, which superseded Mr. H. OF R. MALLARY's motion, viz: to lay the bill on the table; and the bill was ordered to lie on the table. A message from the Senate informed the House that the Senate recede from the third, sixth, seventh, and eleventh of their amendments to the bill of this House, entitled "An act making appropriations for the support of Government for the year 1822;" and insist on the fourth, fifth, and ninth of their amendments to the said bill. The Senate have passed bills of this House of the following titles, to wit: An act restoring to the ship Diana the privileges of a sea-letter vessel; and, An act making appropriations for the public buildings, with amendment. They have also passed bills of the following titles, to wit: An act for the better organization of the District Court of the United States, within the State of Louisiana; An act for the relief of Clarence Mulford; An act for the benefit of Thomas Pendergrass; An act for the relief of John Baptist Belfort and others; and, An act for the relief of Daniel Cooper; in which amendments and five bills they ask the concurrence of this House. COMPENSATION BILLS. Mr. HARDIN then moved, according to notice, to discharge the Committee of the Whole from the further consideration of the three bills reported by the Committee on Retrenchment, so as to bring them, and particularly the Congress-pay bill, immediately before the House. Mr. LONG hoped the Committee of the Whole would not be discharged from the further consideration of the bill. For, said he, if it should now be taken up, he thought it would be disposed of in about the same way that most of the bills have been that have been reported, and been before us this session, acted upon in part, and left with the unfinished business. He presumed it was the object of the committee that reported that bill, to go into a general retrenchment. It was also the object of this House, he believed, and not to stop at merely reducing the pay of the members, clerks, and doorkeepers, of this House. He hoped we should have the whole plan of retrenchment in view, when it should be taken up, so that we may adopt a just and equitable system of retrenchment. If this bill should now be taken up, he believed that we should neither finally act upon it, nor any other, this session. He therefore hoped that the few remaining days of this session would be occupied in acting upon some of the bills that have been for so long the orders of the day for "to-morrow," and that we should not be quite all the session preparing business, and finally acting upon none. Mr. EDWARDS, of North Carolina, said, the subject of their own pay ought not to engage the House in a very long discussion. It was a subject on which he presumed every man had made up his mind. He submitted to the House but this one observation: if the House was disposed to reduce the pay of members of Congress, it would be much more becoming in the members of this House to undertake that task for themselves, than |