faithful, honest, useful citizen is entitled to your relief. A fisherman immediately succeeds him. He built his vessels, employed and furnished his men, sent them to the straits or banks, received, cured, and disposed of the cargoes. But the tempest sunk and destroyed his ships, while cultivating the nursery of your seamen, and he asks relief. But he does not get his living by buying and selling. He builds his vessels, but not to sell. He catches his fish, but does not buy them; he is excluded. A merchant comes and he tells you that while you were engaged in that wicked war against Great Britain, goods were scarce and the wants of the community required that he should attempt to import some in spite of your laws. The prospect was so tempting, and the war so unjust, his interest and conscience both agreed that it would be right. His importations were large, and he was on the eve of independence, when your revenue officers like so many harpies, pounced upon him, seized his goods, and your unrelenting courts condemned them. A man so worthy and patriotic is entitled to your first consideration, and you grant him all he asks. The plain unvarnished farmer comes next. His family was large, his sons were growing up, he sold and went into the wilderness, purchased and expected to pay for his lands with their aid, and make farms for all; but unforeseen misfortunes assailed him. His crops were destroyed, his cattle died, the fires in the woods caught and burnt up his dwelling, and sickness and death deprived him of the anticipated help of his family. The pay day is come, he is insolvent, and he claims your interposition. But you are a farmer, and farmers don't want the act. Yet, nevertheless, as your case is hard, we can tell you how you may contrive to get within its provisions. Purchase a barrel of rum or whiskey, become a trader, keep secret the design, and, by the time the barrel is out, you may apply to some friendly creditor-he will petition against you, you will be declared a bankrupt, and be punished by a discharge from all your debts. These men would undoubtedly go away feeling the highest respect for your laws and the profoundest reverence for the makers. There is an excellent story of a father whose son wished for his portion of the estate; it was assigned to him; he went away, wasted his substance in riotous living, was in misery, came back, was penitent, and his father relieved his distresses and forgave him. With a little alteration this story would illustrate our case. Let us then suppose that the father had two sons who wished for their portions that they might depart-the one a merchant, the other a farmer-they receive their property and take their journey into a far country. The farmer purchases his land and cattle, and goes to work, but the merchant wastes his substance in rank speculation, and riotous living. He applies to his brother for relief, and he loans him even all he has. This, too, is wasted in the same prodigal manner, and there is a famine in the land, and they both begin to be in want; and they join themselves to a citizen who sends them into the field to feed swine, and they fain would have FEBRUARY, 1821. satisfied their hunger with the husks which the swine did eat, and no one gave unto them. When they came to reflect, (for hunger will produce reflections,) they say, how many hired servants of our father have bread enough and to spare, and we perish with hunger! Let us arise and go to him and confess that we are not worthy to be his sons, and beg to be received as his hired servants. They go; and while they are yet a great way off, their father sees and comes out to meet them. On the merchant he has compassion, falls on his neck and embraces him, orders a new robe to be put on him, and the fatted calf to be killed, and the music to strike up to announce and welcome his return. The farmer waits until the merchant has received his blessing, as farmers are usually obliged to do. But the father turns to him, and, with an angry look and vindictive voice, exclaims, begone, thou credulous charitable fool, begone! I have given thee all I ever intend; thou hast wasted it upon that prodigal. I have forgiven him, but if I ever do thee, may God never forgive me. Go starve and be forgotten. Would not you denounce such a father as a monster? Just such a father this bill makes you. But this is not the least odious feature in the bill. Its effects upon an honest and fair debtor will be cruel and oppressive, and, in most cases, the expense of the process will exhaust the whole estate. The commissioners are designated—they appoint their clerk, organize their court, and take care to take bond for their own compensation, and then proceed with all the prudence, economy, and deliberation, of the commissioners under the Treaty of Ghent, whose very modest bill of $194,000 has been presented to you this session, and who intend probably to get another $194,000 before they let you go. It is not to be expected that your commissioners will very much exceed these in integrity, ability, or character. The danger of delay is, then, by no means visionary. Within three or four years an act has passed to revive a commission under the old bankrupt act, some of the commissioners having died, and the business being unfinished after a continuance of fifteen years. And, although I do not expect that one board of these Ghent Treaty commissioners will finish within fifteen years, yet this case shows that those under the Treaty of Ghent are not the only ones who understand the art of procrastination. The outstanding debts placed for collection often in unfaithful or dilatory hands, the right of the assignee to retain to satisfy contingent demands, the power of making demands appear contingent for the sake of retaining the money, the fees of lawyers, judges, clerks, commissioners, assignees, and other expenses, will be enough to absorb a very good estate. You give, moreover, to the commissioners a dangerous, unusual, and unconstitutional power over the secret transactions and personal rights of the debtor. If there is any one personal right that we value more than another, it is that "a man's house is his castle." This invaluable inheritance secures us from violence under color of law, and preserves our own secret concerns from the scrutiny and inspection of unhallowed eyes. Nothing but a crime should authorize an invasion of a private dwelling. The fourth article of the amendments to the Constitution has secured to the people this right to be exempt from all unreasonable searches and seizures, not only in their "persons," but in their "houses, papers, and effects.” What are unreasonable searches and seizures? Those which are unusual and contrary to precedent. But you, in the face of this provision, would subject a man's person to be seized, his house broken open, and his trunks and papers ransacked and inspected, for the crime of being in jail for debt, or unable to discharge an attachment. And his remedy is a jury at the discretion of the court! SENATE. an universal bankruptcy throughout the United States," and the tendency and effect will be apparent in the title. Pass this bill, and it will blight like a mildew; it will corrode like a canker; it will pollute like a leprosy. Pass this bill, and you "smite the land with a curse." FRIDAY, February 9. The credentials of the honorable JAMES BAR BOUR, appointed a Senator by the Legislature of the State of Virginia, for the term of six years, to commence on the fourth day of March next, were read, and laid on the file. to the Committee on Pensions. Mr. DANA presented the petition of William How is it with the dishonest debtor? Not one Plumbe, of Connecticut, praying to be allowed a additional impediment to fraud. If there be any life, in consideration of Revolutionary services and pension of twenty five dollars per month during difference, the restraints are less and the induce-sacrifices; and the petition was read, and referred ments stronger than in the act of 1800. And the ultimate tribunal is an assemblage of creditors—a mixture of parents, brothers, children, friends, enemies, competitors, and rivals. This fair, impartial tribunal, possessing coincident feelings and co-ordinate virtue, are, by a complicated majority of number and interest, to give or refuse the last sanction. The doctrine of impartial justice, it seems, has become too common and insipid for modern refinement, and the best tribunal is one the most partial. I think I perceive in the countenance of the honorable gentleman from Massachusetts, (Mr. OTIS,) an intimation that my argument in this particular is a little inconsistent. I complain, at the same time, that the act has too much severity and not enough. Sir, there is an inconsistency, but it is not mine; it is in your system itself. It is a perfect chapter of contradictions. It does give too much power to the creditor, and it does not give enough; it is too severe upon the debtor, and it is not severe enough. To the crafty, evasive, or vindictive creditor, it gives too much power; to the liberal and just, not enough. Upon the honest and fair, but unfortunate debtor, it is too severe; upon the fraudulent, not enough: and the mischief is here—that you have no means, nor is there any power, short of omniscience, that can make the discrimination. I shall vote against the indefinite postponement, not that I have any hope that any system can be matured so as to obviate my objections, but because the petitioners are entitled to a decision. It is with the utmost regret that I have been obliged to take this stand against the wishes of many good friends whom I desire to relieve; and, when humanity seems to urge, and justice and policy forbid, we oppose with reluctance. But, describe the distresses as you will, magnify and color them with all the power and embellishments of eloquence, and they fall short of the reality, and still I maintain that this remedy is worse than the disease. Nay, more; the remedy itself will produce a relapse which will rage like a pestilence, and sweep like a whirlwind. But I have done. Pass this bill, and I conjure you to alter its title by striking out "uniform system of," and inserting "universal." It will then be, "An act to establish Mr SMITH, from the Committee on the JudiHook, Jr., made a report, accompanied by a bill ciary, to whom was referred the petition of Josiah for the relief of Josiah Hook, Jr., and the report and bill were read; and the bill passed to a second reading. Mr. RUGGLES presented the petition of Levi Chadwick, praying the renewal of a land warrant issued to him for Revolutionary services, and which red to the Committee on Public Lands. is now lost; and the petition was read, and refer Mr. SMITH, from the Committee on the Judi ciary, to whom was referred the petition of Thomas Oxley, reported that "the prayer of the petitioner ought not to be granted;" and the report was read. 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 the same with amendments; which were read. Mr. SANFORD, from the Committee on Finance, to whom was referred the bill, entitled "An act further to regulate the entry of merchandise imported into the United States from any adjacent territory," reported the same with amendments; which were read. PUNISHMENT OF PIRACY. Mr. SMITH, from the Committee on the Judiciary, to whom was referred the resolution of the 4th of December, "to inquire into the propriety of so modifying the law punishing piracy as to authorize the President of the United States, in such cases as he may deem expedient, to commute capital punishments for confinement in penitentiary houses," reported that it is inexpedient to make the modification suggested; and the report was read. It is as follows: The object of the resolution is to alter the criminal code of the United States so far as to place within the power of the President of the United States the complete control over the punishment now affixed by law to the crime of piracy, and to soften it down from death to the less rigorous punishment of confinement in penitentiary houses. As we have drawn most of our impressions of the utility and efficacy of penitentiaries from the practical operations of this system in the several States where it has been adopted, it may not be thought improper to give the result of certain official inquiries into the condition, usefulness, and advantages of some of these institutions in States where much zeal and diligence had been displayed to cherish them. Some time in the year 1817 the grand jury of Philadelphia visited the penitentiary in that city, upon which they made the following presentment: FEBRUARY, 1821. attacks indiscriminately the defenceless of every nation; prowls every ocean in quest of plunder; and murders or jeopardizes the lives of all who fall within his power, without regard to nation, to age, or to sex. With such a blood-stained front, a pirate can have no claim to the clemency of a Government, the protection of which he has voluntarily renounced, and against which he has so highly offended. Our general policy and politcal institutions are administered so mildly, that we seem to have forgotten the protection due to the public; and call that punishment which the law prescribes for offences, however enormous they may be against the public safety and public morals, cruel and degrading to our national character. The laws punishing piracy with death have had from the legislative department all the consideration due to so important a subject at a time when no undue influence could interpose. "That, while they notice with pleasure the high degree of order and cleanliness, they are compelled by a sense of duty to present, as an evil of considerable magnitude, the present very crowded state of the penitentiary; the number of prisoners of all classes continues to increase, so that from twenty to forty are lodged in rooms eighteen feet square. So many are thus crowded together, that the institution already begins to assume the character of a European prison and seminary for every vice, in which the unfortunate being who commits the first offence, and knows none of the arts of methodized villany, can scarcely avoid the contamination which leads to extreme depravity." The same grand jury further stated that, of four hundred and fifty-one convicts now in the penitentiary of Pennsylvania, one hundred and sixty-one have been confined there before." It is believed that no institution of this character ever received more attention as respects its comforts and means of promoting the re-edge of the facts; and this is presented to the Execu formation of offenders. The commissioners appointed to examine into the state of the New York prison, not long since, in their report say: "It has for some time past not only failed of effecting the object chiefly in view, but has subjected the treasury to a series of disbursements too oppressive to be continued if they can in any way be prevented." The commissioners of the prison of Massachusetts, in a report, complain "that the prison is so crowded as to defeat the object for which the institution was created." These commissioners, after enumerating what they consider to be the advantages arising to the Commonwealth, say: "But there appears great reason to suppose that the advantage first mentioned is more than counterbalanced by the greater hardihood and more settled corruption which a promiscuous association among the convicts must produce, particularly the young." These appear to be fair and impartial representations made by men whose duty it was to represent things as they were, in order to bring to the public view their true character; and if this is the state and effect of those prisons, after twenty years of experience and prudent management, upon convicts whose offences are not of the most atrocious class, but little hope can be entertained that pirates can be reformed by such means. In the catalogue of human offences, if there is any one supremely distinguished for its enormity over others, it is piracy. It can only be committed by those whose hearts have become base by habitual depravity. It is called by jurists an offence against the universal laws of society. A pirate is hostis humani generis. He is at war with his species, and has renounced the protection of all civilized Governments, and abandoned himself again to the savage state of nature. His flag consists of a "black field, with a death's head, a battle axe, and an hour-glass." These are the ensigns of his profession. He does not select the enemies of his native country as the only objects of his conquest, but The Executive clemency has more than sufficient range for its exercise, without the aid sought for by this resolution. Whatever may be the public feeling against a pirate previous to his trial and conviction, as soon as that takes place that feeling subsides and becomes enlisted on the part of the criminal. There is not a favorable trait in his case but what is brought up and mingled with as many circumstances of pity and compassion as his counsel can condense in a petition, which everybody subscribes without any knowl tive, upon which alone he is to judge the case. All the atrocious circumstances are kept out of view. There is no one hardy enough to tell that this criminal and his associates had boarded a defenceless ship, and, after plundering all that was valuable, had, with the most unrelenting cruelty, butchered the whole crew in the midst of the sea, without provisions or clothing, and passengers; or crowded them into a small boat, and set them adrift, where their destruction was inevitable; or, the better to secure their purpose, had shut all, both male and female, under deck, and sunk the ship, to elude detection, or to indulge an insatiable thirst for cruelty. The object of capital punishment is to prevent the offender from committing further offences, or to deter others from doing so by the example. If it be commuted for temporary confinement, it can effect neither to any valuable purpose. The temptation is so strong, and detection so difficult and so rare, that but few, it is feared, can be deterred. The punishment of death is inflicted upon pirates by all civilized nations, notwithstanding which it is a growing evil; every sea is now crowded with them, which, instead of diminishing, ought to increase the reasons for inflicting capital punishment. ment is the appropriate punishment for piracy, and The committee are of opinion that capital punishthat it would be inexpedient to commute it for confinement in penitentiary houses. PROMOTION OF EDUCATION. Mr. THOMAS, from the Committee on Public Lands, to whom was referred the resolution of the 11th of January, "to inquire into the justice and expediency of granting land for the purposes of education within the limits of the old States," reported that it is inexpedient to grant lands to the extent contemplated in the resolution, but that it is just and expedient to grant a per centum on the sales of public lands to a reasonable extent, for promoting education in the old States, and to grant an equivalent to the new States; and the report was read. It is as follows: SENATE. uting the amount among the several States, according to the population of each; and that justice would require an equivalent from the United States to the That, under the laws of the United States, lands States and Territories which contain public lands, if have been granted for the purposes of education in it should be deemed advisable to make the donation the States of Ohio, Louisiana, Indiana, Mississippi, to the old States recommended in this report; and Illinois, and Alabama, in the proportion of one thirty- they are of opinion that, in that event, it will be ensixth part of all the public lands within the State, tirely just to subject to taxation, by such State or Terwith the addition of two townships, or forty-six thou-ritory, all lands sold by the United States therein, sand and eighty acres in each State, and to Louisiana from and after the day on which they may be sold. an additional township, or twenty-three thousand and forty acres. The quantity which is already vested in each of the above States by the operation of this system, and which will vest in them when the Indian title shall have been extinguished, and the whole of the lands are surveyed, will be exhibited with sufficient accuracy for all practical purposes by the annexed estimate of the Commissioner of the General Land Office, and is a part of this report. The committee also remark that, by an act of the eighteenth of April, 1806, a donation of two hundred thousand acres of land was made to the State of Tennessee, for the use of two colleges and academies in each county in the State, to be established by the Legislature thereof, and six hundred and forty acres in each six miles square, where it was practicable, for the use of schools; and that a township, or twenty-three thousand and forty acres, was, on the 3d of March, 1819, granted by the United States to the Connecticut Asylum for the education of deaf and dumb persons. The lands thus granted to the States for the above purposes are not subject to taxation by the State government, and can only be settled in the manner pointed out by the States in which they lie. If, therefore, correspondent quantities for the purposes of education are to be granted to all the old States, (under which term the committee believe all States will be included which have not received donations of land for that purpose,) it would seem that the States and Territories which now contain public land would have an excessive proportion of their superfices taken up with such donations, leaving but a small part of the land in each subject to taxation, or to settlement, except at the will of other sovereign States. In receiving donations of land for the purposes of promoting education in the States in which they have been -granted, in the opinion of the committee, a consideration has been rendered therefor, on the part of those States, by the increased value which the population and improvement of the State gave to the unsold public lands, and by the compact not to tax the lands of the United States at any time before they were sold, nor until the lapse of five years thereafter. The lands, therefore, granted to some of the new States, for the purposes of education, though distinguished in common parlance by the name of donations, were in fact sales bottomed upon valuable considerations, in which the new States surrendered their right of sovereignty over the remaining public lands, and gave up the whole amount which might have been received in taxes before such lands were sold, and for five years thereafter. GENERAL LAND OFFICE, Feb. 2, 1821. transmit herewith an estimate of the quantity of lands SIR: Agreeably to your letter of 30th ultimo, I in Ohio, Indiana, Louisiana, Mississippi, Illinois, and Alabama, showing the quantity surveyed in each, the quantity unsurveyed, and the amount of one thirtysixth part of the surveyed and unsurveyed lands. I am, very respectfully, &c. Lands in the following States; showing the quantity JOSIAH MEIGS. Hon. J. B. THOMAS, veyed. surveyed. part. 13,824,000 12,642,000 351,166 1,182,000 32,833 21,565,440 9,926,020 275,722 11,639,420 323,317 34,560,000 9,330,600 259,183 25,229,400 700,816 26,496,000 1,966,720 54,631 24,529,280 681,369 Estimate of the quantity of Public surveyed and unsurveyed; also the amount of one thirty-sixth part of each. part. Public Lands Quantity sur- Thirty-sixth Quantity un- Thirty-sixth in the State. N. B.-The estimate of the quantity in each State is obtained by calculations from printed maps, and cannot be relied on for accuracy. GENERAL LAND OFFICE, February 2, 1821. JOSIAH MEIGS. On motion, by Mr. JOHNSON, of Louisiana, that The committee are therefore of opinion, that it is inexpedient to grant lands to the extent contemplated in the resolution; but that it is just and expedient to the message of the President of the United States grant a per centum, to a reasonable extent, on the of the 12th of May last, transmitting a report of amount of sales of public lands, for the purpose of the Secretary of State on the subject of claims of promoting education in such of the States as have not citizens of the United States for Spanish spoliareceived the aid of the General Government, distrib-tions, be printed for the use of the Senate; on motion, by Mr. LOWRIE, it was postponed until to-morrow. The bill to reward Lieutenant Gregory, his officers and companions; and the bill to establish a new land office in the State of Mississippi, and for the better regulation of certain land districts in the States of Alabama and Mississippi, were severally read the second time. The last mentioned bill was referred to the Committee on Public Lands. The Senate proceeded to consider the report of the Committee on Finance, on the petition of James Graham; and, on motion, by Mr. SANFORD, it, together with the reports of the same committee on the petitions of Joshua Aubin and William Whitehead were postponed to Monday next. A message from the House of Representatives informed the Senate that they have passed a bill, entitled "An act for the relief of Robert Buntin;" and a bill, entitled "An act to authorize the collectors of the customs to pay debentures issued on the exportation of loaf sugar and spirits distilled from molasses;" in which bills they request the concurrence of the Senate. THE BANKRUPT BILL. The Senate then resumed the consideration of the bill to establish a uniform system of bankruptcy. Mr. HOLMES, of Maine, concluded his speech against the bill; Mr. HUNTER spoke in favor of it; Mr. MACON against it; and Mr. VAN DYKE concluded the debate by some remarks in favor of the bill. The question on the motion to postpone the bill indefinitely was then dcided as follows: YEAS-Messrs. Barbour, Eaton, King of Alabama, Macon, Morril, Pleasants, Roberts, Smith, Walker of Alabama, and Williams of Tennessee-10. NAYS-Messrs. Brown, Chandler, Dana, Dickerson, Edwards, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of New York, Knight, Lanman, Lloyd, Lowrie, Mills, Otis, Palmer, Parrott, Pinkney, Sanford, Stokes, Talbot, Taylor, Thomas, Tichenor, Trimble, Van Dyke, and Williams of Mississippi-32. So the Senate refused to postpone the bill indefinitely; in other words, to reject it. SATURDAY, February 10. Mr. CHANDLER presented the petition of Job Shurborn, of Maine, praying to be reimbursed in certain expenses incurred, and compensated for services rendered, in the army, during the late war; and the petition was read, and referred to the Committee of Claims. Mr. HOLMES, of Maine, submitted the following motion for consideration: FEBRUARY, 1821. and the bill, entitled "An act to authorize the collectors of customs to pay debentures issued on the exportation of loaf sugar, and spirits distilled from molasses," were severally read, and passed to a second reading. The bill for the relief of Josiah Hook, Jr. was read the second time. The Senate proceeded to consider the report of the Committee on the Judiciary on the resolution of the 4th December last, to commute the punishment of the crime of piracy; and, on motion, by Mr. BARBOUR, it was laid on the table. The Senate proceeded to consider the report of the Committee on Public Lands on the resolution of the 11th January last, to grant lands for the purposes of education within the limits of the old States; and it was postponed to Monday next. The Senate resumed the consideration of the bill to establish an uniform system of bankruptcy throughout the United States, as amended; and it was laid on the table. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the support of Government for the year 1821;" certain post roads;" in which bills they request the and a bill, entitled "An act to alter and establish concurrence of the Senate. were severally read twice, by unanimous consent; The two bills last brought up for concurrence and the first mentioned bill was referred to the Committee on Finance; and the last mentioned bill was referred to the Committee on the Post Office and Post Roads. Mr. NOBLE, from the Committee on Pensions, made an unfavorable report on the petition of Dean Weymouth; which was read. The motion made by Mr. JOHNSON, of Louisiana, on yesterday, to reprint the Message of the President of the United States of the last session, respecting claims for Spanish spoliations, was taken up and agreed to. The report of the Committee on the Judiciary, unfavorable to the petition of Thomas Oxley, was considered, and concurred in. RELIEF TO LAND PURCHASERS. The Senate resumed the consideration of the bill for the relief of the purchasers of public lands. The amendments reported by the Committee on the Public Lands, to which the bill was recomResolved, That the Committee on Finance be instruct-mitted on Wednesday last, including the amended to inquire into the expediency of altering the act, entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." The bill from the House of Representatives, entitled "An act for the relief of Robert Buntin," ment offered by Mr. KING, of New York, were considered in Committee of the Whole; and, having been severally agreed to, were reported to the Senate. Mr. LowRIE moved to strike out of the new 3d section (as proposed by Mr. KING) the words, "at |