This motion was negatived, by yeas and nays, as follows: YEAS-Messrs. Chandler, Dickerson, Horsey, Hunter, King of New York, Knight, Lanman, Lowrie, Macon, Mills, Morril, Otis, Palmer, Parrott, Pleasants, Roberts, Sanford, Smith, Tichenor, and Van Dyke-20. NAYS-Messrs. Brown, Eaton, Edwards, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Johnson of Kentucky, King of Alabama, Lloyd, Noble, Ruggles, Stokes, Talbot, Taylor, Thomas, Trimble, Walker of Alabama, Walker of Georgia, and Williams of Mississippi-21. FEBRUARY, 1821. extend the time for unlading vessels arriving from foreign ports, in certain cases, were severally read the second time. The Senate resumed the consideration of the report of the Committee of Claims, on the petition of George Jackson; and it was postponed until to-morrow. Mr. DICKERSON, from the Committee on Commerce and Manufactures, to whom was referred the bill authorizing the repair of a sea wall at the Isles of Shoals, and for other purposes, reported it with an amendment; which was read. The bill was then, on motion of Mr. MACON, recommitted to the Land Committee, with the view of revising merely its phraseology, and to report any corrections of form which may be rendered necessary therein by the various modifica-ments; which were read. tions which it has undergone in the Senate. The Senate adjourned to Monday. Mr. THOMAS, from the Committee on Public Lands, to whom was recommitted the bill for the relief of the purchasers of public lands, prior to the first day of July, 1820, reported it with amend MONDAY, February 5. The PRESIDENT Communicated a letter from the Secretary of the Navy, transmitting a statement of the Second Comptroller of the Treasury, showing the amount of the appropriations for the Navy Department for the year 1820; and the balances remaining unexpended in the Treasury on the 31st of December last; and the letter and statement were read. Mr. SANFORD presented the petition of James Duffie, executor of Captain William Sloo, deceased, praying payment of three certificates issued to the deceased by the Quartermaster General, for services rendered in the Revolutionary war; and the petition was read, and referred to the Committee of Claims. Mr. DANA presented the petition of William Sizer, one of the surviving officers of the Revolutionary army, praying that the benefit of the late act of Congress, granting pensions to the indigent surviving officers and soldiers of that army, may be extended to him; and the petition was read, and referred to the Committee on Pensions. Mr. SANFORD, from the Committee of Finance, made an unfavorable report on the petition of John Lowden; which was read. Mr. PLEASANTS, from the Committee on Naval Affairs, to which was referred the bill from the other House, for the relief of the family of the late Commodore Oliver Hazard Perry, reported the same without amendment. Mr. WILLIAMS, of Tennessee, from the Committee on Military Affairs, to which was referred the petition of the corporation of the city of New York on the subject, reported a bill authorizing the President of the United States to retrocede to the city of New York the piece of ground therein called the Battery; which bill was read. The Senate resumed the consideration of the bill further to establish the compensation of the officers of the customs, and for other purposes, and spent some time in maturing its details; after which, it was further postponed until to-morrow. COMPENSATION TO MEMBERS. The Senate took up the report of the select committee, appointed on the subject, adverse to the propriety of at this time making any reduction in the compensation of the members of Congress, or officers of the Executive Departments. Mr. ROBERTS moved to amend the report by striking out the resolution of the committee, and inserting the following matter as a substitute: "Resolved, That hereafter the compensation of the members of the Senate and House of Representatives, and the delegates from territories, ought to be dollars for every day they shall respectively attend on their duties, and dollars for every twenty miles they may necessarily travel, respectively, in going to and returning from any session of Congress; and that the compensation of the President pro tempore of the Senate and the Speaker of the House of Representatives ought to be - dollars for each and every day they may perform the duties of their respective offices. "Resolved, That, from and after the thirty-first day of March next, the salaries of the Secretaries of the Mr. THOMAS, from the Committee on the Pub- Departments of State, of the Treasury, of War, and lic Lands, made an unfavorable report on the peti-States; the Register; the first and second Comptrolof the Navy; the Attorney General of the United tion of Thomas H. Boyles; which was read. Mr. T., from the same committee, reported a bill for the relief of the legal representatives of Clarissa Scott; which was read, and passed to the second reading. The bill authorizing the sale of certain public lots in the City of Washington, was read the third time, passed, and sent to the other House for concurrence. The bill to extend the charters of certain banks in the District of Columbia; the bill to extend the charter of the Bank of Potomac; and the bill to lers; the first, second, third, fourth, and fifth Auditors ployed in the several Executive departments of the FEBRUARY, 1821. Commodore Tucker. SENATE. after some debate, postponed to Monday the 19th tinguished from all the other honorable and brave instant.-Ayes 23, noes 18. JAMES VILLERE. The Senate took up the report of the Committee of Claims, unfavorable to the petition of James Villere, who prays remuneration for the destruction of his sugar crop, and other damages sustained, by the operations of the American army in defence of New Orleans in 1814 and 1815. Mr. JOHNSON, of Louisiana, moved to reverse the report, and to direct the Committee of Claims to bring in a bill for the relief of the petitioner. Mr. J. spoke at some length in opposition to the report, and in favor of his motion. Mr. ROBERTS supported, in a speech of considerable length, the correctness and justice of the report. Mr. BROWN Opposed the report, and argued some time to show that the relief claimed by the petitioner was entirely reasonable and just, and ought to be granted. The question being taken on the proposed amendment, it was decided in the negative, without a division; and the report of the Committee of Claims was concurred in by the Senate. COMMODORE TUCKER. The Senate then again took up the bill for the relief of Commodore Samuel Tucker, authorizing him to be placed on the list of invalid pensioners, at $50 a month; on which bill a long and wide debate took place. Mr. SMITH Opposed this bill on principle; admitting the merits of Captain T., but arguing that, if really an invalid and unable to maintain himself, there was already provision made by law to embrace his case and afford relief; that, if not an invalid, this bill ought not to pass, the system of pensioning for public services merely being bad in itself, and still worse in its tendency. Mr. S. also went into an examination of the circumstances alleged in the case of the applicant, to show that they did not justify the passage of the bill; that the applicant had been already, long since, uncommonly well provided for by the public, to support which he referred to resolves of Congress, &c.; that, affording this gratuitous relief to the applicant, would be treading on the rights of thousands of other citizens equally meritorious, &c. men who have grown old since they signalized Mr. KING, of New York, placed this case on a footing with a few others of the Revolutionary class, particularly that of General Stark, for whom a bill passed at a recent session. He adverted to some of the prominent features of Commodore T.'s Revolutionary services, and contended that it was not just or equitable that a veteran of the Revolution such as he, in want now of the means of support, should ask relief in vain. There was no danger, he argued, from such a course; for, however natural the prejudices in this country which existed against the pension system, they arose from the abuses practised in Great Britain, where pensions were lavished by the Crown upon favorites of every kind, often without regard to public services or private virtues. There was no danger of such an abuse in this country. The justice of military pensions had been settled in this country; it was a power delegated to the Government by the Constitution; and there was no risk of its abuse in a Government constituted as ours, as the people, holding the corrective, would always apply a remedy if the practice was ever carried beyond its just and proper limits. Mr. SMITH, after subjoining a few remarks, moved to postpone the bill indefinitely. Mr. MACON observed, that nothing would be more curious than a history of the pensions of this country; the practice was constantly getting wider and wider; but it had been well said, the history of the country was lost. He referred to the circumstances of the first pensions and those granted since, to show the regular extension of the principle beyond the limits at first deemed right. A rule was always found for a new case, and the case gave rise to a new rule, so that the principle was constantly stretching. He was opposed to this course, and argued briefly against it. Mr. DANA spoke to show that there was no principle opposed to the case of Commodore T., and that the relief ought to be granted, as it might be done without danger of exceeding the just limits to which Congress were authorized to go by the spirit and principles of our Government. Mr. ROBERTS opposed this pension on principle, for the same reasons that he opposed the pension of General Stark. He observed, that if pensions were granted for military services, without disability, it was not far removed, and would not long be distinguished from civil pensions, which would probably follow; and argued to show the evil tendency of authorizing pensions in cases like the present, which could not justly be distinguished from a civil pension. Mr. HOLMES, of Maine, replied to Mr. S., and submitted a number of arguments, in addition to those which he used when the bill was before under consideration, in support of it; referring to the long and singularly successful services, and the highly gallant conduct of Commodore T. during the Revolutionary war, and his present reduced circumstances and great age, to establish the justice of granting him a maintenance out of the navy pension fund; that fund being expressly pledged to afford relief in such cases as the present. Mr. SMITH replied, and contended that this very pension fund was intended to provide for disabled Mr. PLEASANTS stated the ground on which the seamen, and not for those who were not disabled; Naval Committee reported the bill, which was inthat Commodore T. did not come within the de- tended to give Commodore T. the amount of halfscription, and therefore was not entitled to be dis-pay for a certain period, to which he was strictly entitled; to show which Mr. P. adduced the facts of the case. Mr. Oris maintained that the case of Commodore T. entitled him, strictly, to avail himself of the benefits of the navy pension fund; that the bill called for no new grant of money out of the Treasury; that it violated no principle; and that it did not become a magnanimous legislature to withhold this boon from him, to which he was so signally entitled in justice and gratitude. Messrs. SMITH and MACON added a few remarks, and Mr. WALKER, of Georgia, also a few, in addition to what he had said the other day in support of the claim, declining to go again at large into the case, as it had been so ably supported. The motion to postpone the bill indefinitely was negatived-yeas 13, nays 24. After an unsuccessful attempt of Mr. ROBERTS to reduce the proposed allowance to $20 a month, the bill was ordered to be engrossed for a third reading. TUESDAY, February 6. FEBRUARY, 1821. ers at St. Helena Courthouse in Louisiana, and at Jackson Courthouse in Mississippi. Mr. JOHNSON, of Louisiana, said he had not opposed the motion, knowing the mass of business the committee had before them; but he sincerely regretted that the committee had not time to act on the subject. He entered into an examination of the nature of the reports, and the character of the claims embraced in them; and urged the importance of acting on the subject at the present session. With that aim, Mr. J. moved that the reports be referred to a select committee. The reference was opposed by Messrs. EATON, LOWRIE, and ROBERTS, principally on the ground, that it was now too late in the session to act definitively on a subject of such difficulty and importance. Mr. JOHNSON of Louisiana, Mr. BROWN, and Mr. EDWARDS, replied, and pressed the reference. The motion was adopted, and the following committee appointed: Mr. JOHNSON of Louisiana, Mr. WALKER of Alabama, Mr. WILLIAMS of Mississippi, Mr. EATON, and Mr. LOWRIE. Mr. THOMAS, from the Committee on Public The PRESIDENT communicated a letter from the Lands, to whom was referred the bill, entitled "An Secretary of War, transmitting a statement by the act authorizing the President of the United States Second Comptroller, of the appropriations for the to remove the land office in the district of Lawservice of the year 1820, showing the amount ex-rence county, in the Territory of Arkansas ;" and pended, and the balance remaining unexpended, on the 31st of December last; and the letter and statement were read. Mr. THOMAS communicated a resolution of the General Assembly of the State of Illinois; which was read, as follows: the bill, entitled "An act confirming the location of the seat of government of the State of Illinois, and for other purposes;" reported them severally without amendment. Mr. RUGGLES submitted the following motion for consideration: Resolved, That the Committee of Claims be instructed to inquire into the expediency of making provision by law for the allowance and payment of the claim of David Cooper, for property taken for military services during the late war, by order of Captain C. H. Holden. Mr. HOLMES, of Mississippi, submitted the following motion for consideration: "Resolved by the Senate and House of Representatives of the General Assembly of the State of Illinois, That our Senators and Representatives in Congress be requested to endeavor to obtain the passage of a law, so amending the act of the last session of Congress, entitled 'An act to authorize the appointment of commissioners to lay out the road therein mentioned,' as that the said road may be surveyed and laid out through the seats of government of the States Resolved, That the Committee on Public Lands be of Ohio, Indiana, and Illinois; Provided, The com- instructed to inquire into the expediency of complying missioners to have been appointed by that act have with the request made by the chiefs of the Choctaw not yet performed the duties enjoined upon them by tribe of Indians, to grant tracts of land to certain indithe same; but that, if in case they have made the sur-viduals named in the documents which accompanied vey contemplated by said act, they endeavor to obtain the passage of one authorizing a new survey, and lay out the said road through the seats of government of the said States. "JOHN MCLEAN, Speaker of the House of Reps. "GEO. CALDWELL, "Speaker of the Senate, pro tem." Mr. BARBOUR submitted the following motion for consideration : Resolved, That a committee be appointed, to join such committee as may be appointed by the House of Representatives, to ascertain and report a mode of examining the votes for President and Vice President of the United States, and of notifying the persons elected of their electien. On motion of Mr. THOMAS, the Committee on the Public Lands was discharged from the consideration of the reports of the land commission the Message of the President of the United States, transmitting to the Senate the treaty concluded at Doakes, on the 18th day of October, in the year 1820. The bill for the relief of Samuel Tucker, late a Captain in the Navy of the United States, was read a third time, and passed. The bill for the relief of the legal representatives of Manuel and Isaac Monsanto, deceased; and the bill to authorize the reconveyance of a tract of land to the city of New York; were severally read the second time. The Senate proceeded to consider the report of the Committee on Finance on the petition of John Lowden; and it was postponed until tomorrow. The Senate proceeded to consider the report of the Committee on Public Lands on the petition of Thomas H. Boyles; and, in concurrence therewith, the Committee on Public Land were dis FEBRUARY, 1821. The Bankrupt Bill. SENATE. charged from the further consideration of the sub-the obligation of his contract without fulfilling it, ject, and the petitioner had leave to withdraw his petition and papers. The Senate resumed the consideration of the report of the Committee of Claims on the petition of George Jackson; and it was postponed until to morrow. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the public buildings," in which they request the concurrence of the Senate. THE BANKRUPT BILL. The Senate resumed the consideration of the bill to establish a uniform system of bankruptcy throughout the United States. Mr. VAN DYKE spoke in exposition of the principles of the bill. or without the free concurrence of all his creditors. Originally, bankrupt laws went merely to seize and apply the property of insolvents, summarily to the payment of their creditors, before it should be wasted entirely. Bankrupt laws were introduced into England in innovation of the common law, and, for the first two hundred years of their operation, no idea ever occurred of applying them to release the debtor from his contracts. The insolvent laws, also an innovation upon the common law, of a century later introduction, were, from the beginning, allowed to work this effect. The first English bankrupt act that provided for entire discharges was not enacted till about 1708. From that time the original purpose of the law has been lost in effect, and almost abandoned in purpose. I owe these to the obliging suggestions of my honorable friend from Rhode Island, (Mr. Mr. ROBERTS having moved to strike out the HUNTER,) whose views on these subjects, in the first section of the bill, rose, and said, that he case of Sturgis vs. Crowninshield, I have read ought to offer an apology for entering into this de- with equal profit and approbation. But I contend bate, if it could be supposed at all proper, in the this bill promises little to the creditor, while the situation he now stood. He was about to discuss debtor is secure of his discharge from his contracts, a subject with which he was little familiar; one whether a dividend be made or not. We had a to which, until very lately, his inquiries had not right to anticipate strong appeals to the generous extended. When the subject had been up in for- sympathies of our nature in favor of the innocent mer sessions, he had waited for light from those and unfortunate trader. That there are cases who were movers of it. Having at all times en- highly compassionable, I am bound to suppose; tertained impressions of great doubt as to the pro- as bad as men may be generally, there are still priety of adopting a bankrupt system, he had been some consolatory exceptions. If the gentleman led hesitatingly to countenance a proposition from will present me a scheme to relieve such, that his honorable friend from Delaware, (Mr. VAN shall not carry in its train as certainly as cause DYKE,) at the last session, calculated to operate on follows effect, an increase of, and impunity to, all insolvents above a very small amount. The knavery, perjury, and the most atrocious inifriends of such a bill as this, then joined in oppo- quities, I will co-operate with him with alacrity. sition, and it fell: but why my friend should The scheme he proposes will discharge ten vilhave abandoned a scheme so liberal and congenial lains for one honest man. I say it will do it, bewith the principles of equal justice, for such an cause it has done it. On this point we have hisone as that now before us, I have yet to learn. If tory, not theory; and demonstration, not hypotheI had doubts about that, I have none about this. sis. The system offered us is substantially the I think it utterly repugnant to the first principles English system, and of the results of that system, of our Government, as indeed I do every system after a trial of three centuries, I shall have occaof bankruptcy that will impair the obligation of sion presently to speak. It becomes men legiscontracts, in any shape or form. I give the gen-lating for a great community not to be betrayed tleman full credit, when he assures us he thinks too easily, even by the syren song of compassion, the interests of the country call for this measure. Knowing his correct feelings and great moral worth, I cannot ascribe the change of his opinions since the former session to a less solemn conviction. With equal sincerity, I believe the most mischievous consequences must flow from this project. The first object of which is, we are told, to protect the right of creditors; and, second, to shield the innocent though unfortunate debtor. If, with a proper exercise of legitimate legislative authority, these ends could be consistently obtained, it would be desirable to proceed. It becomes my duty to show they cannot be obtained either by the bill or by adopting such a bankrupt system as gentlemen seek by any the most ingenious exercise of the legislative power. Gentlemen may talk as much as they please about the protecting of the rights of creditors; that has never been, nor never can be, the object of a system that intends to discharge the debtor from into the most baneful expedients. We are told, on this measure, there is no Constitutional difficulty. Certainly we have substantial powers to establish uniform laws on the subject of bankruptcy. But, whether or not it is necessary to use that power, we are left soberly to judge. It is equally in our discretion in what form we shall apply that power. It certainly is not indispensable in the establishment of uniform laws of bankruptcy, that the debtor should be discharged from future liability for his contracts. This, I have shown, was not the purpose of such laws originally, nor is it necessarily to be concluded that this was an object with the framers of the Constitution. Though wise and experienced men, there was scarcely any experience of bankrupt laws in the country. On the most extended construction, it is but barely possible. They left it entirely optional with Congress to mould these laws by such enactments as wisdom might dictate. The States SENATE. The Bankrupt Bill. FEBRUARY, 1821. are not restrained from passing bankrupt laws, so ' classes are exempted from." This will be found 1 far as Congress may not exercise the power; think otherwise. It is confined to traders in merthough they are restrained from passing laws im-chandise of every kind, and exchange, while large pairing the obligation of contracts. Congress are classes of dealers, in equally hazardous business, charged with the highest conservatory powers are absolutely excluded. What risk does the mere delegated by the Constitution. The defence of retailer incur that the builder of ships and houses, the country, for example, against foreign aggres- or the manufacturer of leather, shoes, hats, clothes, sion and domestic violence. It was well under- and manufacturers generally, do not incur; to say stood, that, in the progress of time, emergencies nothing of a variety of other professions? Credit might arise when all would have to submit to the is as necessary in business to one as to the other. law of necessity. The Constitution is therefore The principles of our Government are opposed to wisely silent on some points of power in the Gene- this sort of immunity. Why, let me ask, are a ral Government. The citizen is secured against particular profession to be provided with the means bills of attainder, corruption of blood, and ex post of an entire escape from their debts, a comparafacto laws. While the States are denied the power tively few in number, even of insolvents, while the of impairing the obligation of contracts, emitting great mass, at least equally meritorious, are to be bills of credit, coining money, or making tender chained to perpetual liability? Why is this benelaws, these, with the power of raising armies and ficent system you offer, only applicable to a favored navies, loaning and appropriating moneys for their few? for, when you leave the narrow confines of support, are left in the discretion of Congress. navigation and maritime commerce, and foreign This discretion ought always to be regulated by exchange, no reason exists why the middle-man, the great laws of moral obligation. What powers retailer, factor, and broker, should have a boon you are forbidden to the States ought to be used with do not extend to other more meritorious classes, the greatest caution by the United States. Noth- who of necessity accept and give credit. If your ing in ethics is more strictly enjoined than the system does not reach all, it does not suit us; as inviolability of contracts; and the case must be we are not a people of castes and classes. Gentlevery strong indeed that will justify the Congress men must show some better reason than alleged in impairing them. Considering them consecrated extraordinary risks for a claim of partial legislaby the most sacred moral sanction, it is our duty tion. The truth is, the whole system is unsound. to inquire whether, by justly perhaps providing It is intrinsically vicious, and it is feared to attempt for the releasing of an innocent man from a pres-it on a general scale. These we must take for the sure of obligation he has neither hope nor faculty reasons of the proposed limitation of its benefits to extinguish himself, you will not inundate the until better reasons are assigned than we have yet country with fraud and villainy. It is my con- heard. We are told our unfortunate merchants scientious opinion it will be the result. Though are rendered useless. Many of them hold property this bill is substantially the former law of the that ought to be given up. Human nature inust United States, it is more ambiguous as to when very much change before it is reasonable that men and to what extent it is to go into effect. If it is who now fraudulently withhold property from to affect transactions past, I not only doubt, but their creditors will, under the proposed system, deny, its constitutionality. It proceeds on the freely yield it up. Exemption from liability for ground that bankruptcy is a criminal act; in its debts, where there is no disposition to fraud, is a nature it often is so. great boon, but a greater when it can be obtained with assured opulence. We know that it has long been proverbial that at the custom-house a peculiar doctrine of ethics prevails. The legal sanctions are not always sufficient to restrain perjuries. High duties we are told will not always increase the revenue. These are found to work a premium for fraud. You now propose the highest temptation to cupidity, and my word for it there are the seeds in this bill for a plentiful harvest. Relief is contemplated for the innocent, but to get at him you must pass the imprudent, extravagant, and vicious one. Do not tell me that your commissioners, your searches, your examinations, your oaths, and your sanctions, will purify and refine such into virtue and innocence. On the one hand we are told if we do not act we shall give up the blameless to depravity and despair; but if we do act, the inevitable result must be to reward and protect the dissolute. The gentleman reminds us we prospered by a state of neutrality in a belligerent world, but that the scene is changed. Look, says he, at the list of sufferers from seizures and confiscations abroad, and embargoes and restrictions at home; from bank accommodations, and endorsements, This bill is avowed to be intended to take immediate effect, and of course so far as a commission of bankruptcy is a punishment, the law will be ex post facto. But, what will be the confusion and injustice this kind of legislation will produce? Look at the details of the bill; not only will the bankrupt be discharged from his contracts, but men who have dealt with him with equal fairness, will, some, be allowed to prove (for recovery) their debts, while others, merely from the retrospective character of the law, will be denied. I can see nothing but the most monstrous injustice, likely to result from making such a law close upon dealings already had. All laws affecting rights ought to be prospective. Every thing ought to have time to conform to them, especially those which enter most deeply into the transactions of trade. Mere remedial laws may sometimes wisely and salutarily apply to the existing state of things. But even those will be found most frequently to promise much more benefit applied prospectively. We are told "the principles of this bill are happily adapted 'to the situation of the country. That it is confined 'to proper traders; to such as incur risks other |