FEBRUARY, 1822.] The Bankrupt Bill. [H OF R Mr. TRIMBLE had no objection to the passage of the bill, and rose only to reply, in a single remark, to the observations that had fallen from the gentleman from Virginia, (Mr. RANDOLPH.) In the four years he had occupied a seat on the floor, he had had occasion to examine into the office alluded to, and he was fully convinced, from the examination, which was scrupulous and attentive, that the establishment of that board had saved millions to the Mr. TRACY inquired, whether the whole sum | priation is for the naval service generally. The was required for this particular service, or letter, with regard to the naval force, is dated whether it was intended to apply to the general 28th January, in reply to inquiries of the 26th, expenses of the Naval Department? If it was with regard to the piracies. In this it is promerely for this particular service, it was a posed to send out a frigate. This object is the large appropriation, especially after the liberal inducement for the partial appropriation. appropriations for provisions and repairs. On a requisition for contingent expenses by a department, he thought the House ought at least to be possessed of some of the principal and prominent items of expenditure. He was aware that there were expenses to be incurred, that could not be specifically named, or even foreseen; but he thought it the right of the House to understand something of the outlines of the expense. Mr. SMITH said, the object of the appropria-nation. It was constituted of men who were tion was well understood. The sum of $230,000 was reported for the whole contingent expenses of the Naval Department, and the sum of twenty thousand dollars proposed in the bill was a part of that expense, and to be deducted from it. This bill only contemplated an advancement for the purpose of suppressing piracies. Mr. S. agreed, that when an expenditure can be specified, it ought not to be included under the head of a contingent expense. Mr. LOWNDES thought that the House should not consider the present appropriation as limited to a specific object, but as an advancement of the general navy service. It was part of the annual appropriation, but advanced at an early period to meet the exigencies of the occasion that required it. Mr. RANDOLPH would not throw any obstacle in the way of the present appropriation, but he thought it proper to apprise the committee of the great doubt that existed, whether, by ingrafting on our naval system the solecism of imperium in imperio, the Naval Department had not greatly suffered by the establishment of the Board of Naval Commissioners. Mr. R. disclaimed all personal considerations, and expressed, for those who constituted it, not only a confidence in their ability and integrity, but a personal regard. But the difficulty lay in the system, and he believed the Commissioners | themselves and the Secretary of the Navy were convinced of its inutility, and would concur in abolishing this patchwork in our national system. He hoped that others, who were better acquainted with the subject, would take it into consideration, and apply the remedy, which, in his opinion, the evil called for. Mr. JOHNSON, of Louisiana, stated that he was exceedingly anxious for the passage of the bill on account of the object of it. The bill is for a partial appropriation for the year 1822. It is founded on a letter of the Secretary of the Navy of the 25th January, in reply to a note of that day, requesting information upon the subject of a partial appropriation for the year 1822, for the naval service. It is stated that the appropriations of the last year are nearly exhausted, and that it is necessary to equip a force for the protection of our commerce. This appro possessed not only of ability, but of experience and practical acquaintance with the subject on which they were employed. So fully satisfied was he of the importance of that board, that, were he driven to the necessity of voting to abolish either that board, or the head of the department, he should feel himself bound to vote for the continuance of the former. Mr. RANDOLPH hoped he was not understood to pronounce any opinion upon the wisdom of any branch of the Navy Department. But he had turned not an unobservant eye to the subject, and he believed that the bureau, he might call it the office, wanted new modelling. Mr. TRIMBLE made a few further observations, and expressed his such entire satisfaction with the management of that board, that he was led to wish there could be an army board in like manner established. The question was then taken, the blank filled as proposed, when the committee rose and reported the same to the House. In the House the bill was read and ordered to be engrossed, and read a third time this day, and was subsequently read a third time, and passed. The Bankrupt Bill. The House, on motion of Mr. SERGEANT, then resolved itself into a Committee of the Whole on the bill to establish a uniform system of bankruptcy. Mr. MALLARY, of Vermont, observed, that he was in favor of the motion made by the honorable gentleman from Virginia, (Mr. SMYTH,) to strike out the first section of the bill now before the committee. He was opposed to its leading principles, and could not give his support to any measure which contained them. By these principles, he meant such as are found in the provisions of the bill, which compel the debtor to surrender his property for the pretended benefit of the creditor, and exonerate the debtor from the obligation of his contracts. He considered, that all who were opposed to any laws containing such principles, would concur in the motion, and at once bring the subject to a speedy conclusion. If a majority of the committee approved of this course, much time would be saved. It would be entirely useless to legislate upon the details, when the bill itself, in the conclusion, was to be wholly rejected. [FEBRUARY, 1822. Mr. M. observed he had alluded to these subjects to prove that the experience of other nations would often prove a fatal guide to our selves. That, although there might be a variety of interests of equal importance to this country, and foreign nations, the nature of the respective Governments, and the character and feelings of the people, required, or admitted, of very different regulations. That, although the United States were as deeply concerned in commerce as England, Holland, France, or Spain, it could not with safety be inferred that their laws on the subject of bankruptcies should be adopted by the American Government. MONDAY, February 11. ing the means of discovering thefts, destruction of, or opening and mutilating letters, committed by deputy postmasters, their agents, and mail carriers; and also into the propriety of enacting severer and other penalties against those who may be convicted of such offences. Mr. M. remarked that the effects of the proposed system must be great. The relations of creditor and debtor would be changed. The effects would not be confined to the mercantile class of our citizens, but must be universal, and felt by the whole community. It was then the duty of every one to weigh well the subject, and ascertain, as far as he had the power, whether the effects would be disastrous or beneficial to the nation. Not to merchants and traders alone, but to the whole American people. The probability that some good might result, was not sufficient to induce Congress to hazard the experiment. We ought to be sure, as far as human foresight can determine, that On motion of Mr. FARRELLY, the Committee the proposed measure will prevent the fre- on the Post Office and Post Roads were instructquency of bankruptcies, discourage the perpe-ed to inquire into the practicability of facilitattration of flagrant frauds, and elevate the value of national and individual credit. Its beneficial effects ought to be most clearly shown by its supporters. A reference has been made to the laws of other nations, relating to the subject of bankruptcies. They have been urged with great zeal by the honorable gentleman from Pennsylvania, (Mr. SERGEANT,) and in a manner calculated to produce the deepest impressions. He has told the committee that we should consult the experience of foreign nations in relation to those subjects which are interesting to ourselves. He has told us that commerce is essentially the same in England, Holland, France, and Spain, as in the United States. Laws, by those nations, had been adopted of a similar character to the one now under consideration. Experience abroad had given conclusive evidence of their utility. Mr. M. admitted that, although we might often gain the greatest advantages by consulting the laws and institutions of other nations, yet their adoption in this country should be allowed with the greatest caution. It was certainly very dangerous doctrine to admit, as a matter of course, that measures which had received the sanction of foreign Governments, and had stood confirmed by their experience, should be sanctioned here. The preservation of good morals is an object of equal importance to the people of the United States, as of England, yet those laws, which have for centuries received the approbation of Englishmen, may be illy calculated for this country. Pure religion may be the same in France as in the United States, yet those laws which, in France, have been deemed necessary for its promotion, the honorable member from Pennsylvania will not contend are adapted to our condition. The people of the United States have a deep interest in the character and merits of our clergy, but the English laws, granting tithes for their support, would receive no very cordial welcome here. Yet the experience of England and France might be referred to as evidence of their utility. Mr. FARRELLY observed, that the insecurity of conveyance by the mail was so general as to destroy its utility. Complaints came loudly from all quarters. He said he was certain the Postmaster General had used all the care and vigilance in his power to detect and prevent thefts in the post offices; but he has found them to be ineffectual. Something surely can be done, if not to remedy, at least to mitigate, the evils so loudly complained of. We all know with what ease the recommendations for offices can be procured; these we cannot prevent. Perhaps by enabling the county courts in which the respective officers are, to issue a commission of inspection, or giving them a visitorial power, the fraud might be prevented. I have been led more particularly to this subject, by information received from my district. Not long since, a sum of nearly a thousand dollars was sent in a letter from Erie, in Pennsylvania, to Salina, in New York. This letter never arrived; it was traced to Buffalo, but beyond that all scrutiny was useless. I have also learned that a letter containing two hundred and seventy dollars, sent from Philadelphia to Warren, in my district, has never been received. I have been informed that another letter, sent from Meadville to Pittsburg, has also been lost. Since I came here, I received a small sum of money for a public institution at Meadville, which I transmitted by mail; it has never been received. We have not heard of any robbery of the mails; these thefts must have been committed by the postmasters. Indeed, the injury done the public by them, in this way, far outweighs that done by robbery of the mails. Something, I am persuaded, can be done to render these crimes less frequent. I do not recollect to have read of any trials in England of postmasters for stealing letters on the way. The trials are for robberies of the mails, and thefts after the letters arrive at their destination. The latter part of the resolution I deem necessary. The common law maxim is, that the punishment ought to be severe, in proportion to the facility of committing offence. In this case, the postmaster is secluded in his office, and he commits a double crime-one against the law, the other against the confidence reposed in him by the nature of his office. A modification was proposed by Mr. WALWORTH, and further modification by Mr. LaTHROP, which were severally assented to by the mover and agreed to by the House, which brought it into the shape in which it is above stated. Civilization of the Indians. [H. OF R the proper measures to be adopted, by which a use- The following Message was received from the sideration the force of circumstances, it would seem PRESIDENT OF THE UNITED STATES: To the House of Representatives: In compliance with a resolution of the House of Representatives, "requesting the President of the United States to cause to be laid before this House any information which he may have of the condition of the several Indian tribes within the United States, and the measures hitherto devised and pursued for their civilization," I now transmit a report from the Secretary of War. WASHINGTON, Feb. 10, 1822. JAMES MONROE. that there is no insuperable difficulty in effecting the benevolent intention of the Government. It may be affirmed, almost without qualification, that all of the tribes within our settlements, and near our borders, With the exception of the Creeks, they have every are even solicitous for the education of their children. where freely and cheerfully assented to the establishment of schools, to which, in some instances, they have contributed. The Choctaws, in this respect, have evinced the most liberal spirit, having set aside six thousand dollars of their annuity in aid of schools established among them. The reports of the teachers are almost uniformly favorable, both as to the capacity and docility of their youths. Their progress appears to be quite equal to that of white children of the same age; and they appear to be equally sus ceptible of acquiring habits of industry. At some of the establishments a considerable portion of the supplies are raised by the labor of the scholars and teachers. With these indications, it would seem that there is little hazard in pronouncing, that, with proper and vigorous efforts, they may receive an education equal to that of the laboring portion of our community. Still, however, the interesting inquiry remains to be solved, whether such an education would lead them to that state of morality, civilization, and happiness, to which it is the desire of the Government to bring them, or whether there is not something in their situation, which presents insuperable obstacles to such a state? To answer this inquiry, we have but little ex DEPARTMENT OF WAR, Feb. 8, 1822. The Secretary of War, to whom was referred the resolution of the House of Representatives, "requesting the President of the United States to cause to be laid before this House any information which he may have of the condition of the several Indian tribes within the United States, and the progress of the measures hitherto devised and pursued for their civilization," has the honor to transmit the enclosed table, marked A, containing the number of schools established under the patronage of the Government, within the Indian country; the number of scholars at each; the time of their commencement, where fixed, and by whom established; with remarks on their progress, present condition, &c. By reference to the table, it will appear that there are eleven principal schools, with three subordinate ones, in actual operation; and that there are several in a state of prepa-perience. There is certainly much encouragement ration; and that the number of scholars, at the last return, at the principal and subordinate schools, amounted to five hundred and eight. On these schools there has been expended $15,827 56, of which $7,447 56 have been on account of buildings, and the balance, $8,380, on account of the expense of tuition. It is made a condition of the subscription on the part of the Government, that the schools should be established within the Indian country, and that the system of education, in addition to reading, writing, and arithmetic, should, for the boys, embrace instruction in agriculture, and the ordinary mechanic arts, and for the girls the common domestic industry of that sex. It was thought advisable, at the commencement of the system, to proceed with caution, and to enlarge the sphere of operation as experience should indicate to hope for the best, from the fact that the Cherokee nation, which has made the greatest progress in education, has also made the greatest towards this desirable state, but the experience which it affords is yet imperfect. They have adopted some written provisions for their government, to a copy of which, with an extract of a letter from the Rev. Mr. Steiner, a respectable Moravian, who has visited the nation at the interval of twenty years, and states the progress which they have made in that time, and which accompany this report, marked B, I would respectfully refer the House, as furnishing the best testimony of the actual progress which that nation has made towards civilization. The zeal of the Cherokees for improvement, and the progress which they have made, are further evinced from the liberal provision for a school fund, for which the last treaty with them, ratified on the 10th of March, 1819, stipulates, and the fact that there are now established in the nation six schools, (two of which are upon the Lancasterian system,) containing in the aggregate about two hundred and thirty scholars. Notwithstanding these favorable appearances, many obstacles, difficult to be surmounted, will impede the progress of the Indians to a state of complete civilization. Without adverting to others, the political relation which they bear to us is of itself of sufficient magnitude, if not removed, to prevent so desirable a state from being attained. We have always treated them as an independent people; and, however insignificant a tribe may become, and however surrounded by a dense white population, so long as there are any remains, it continues independent of our laws and authority. To tribes thus surrounded, nothing can be conceived more opposed to their happiness and civilization than this state of nominal independence. It has not one of the advantages of real independence, while it has nearly all the disadvantages of a state of complete subjugation. The consequence is inevitable. They lose the lofty spirit and heroic courage of the savage state, without acquiring the virtues which belong to the civilized. Depressed in spirits and debauched in morals, they dwindle away through a wretched existence, a nuisance to the surrounding country. Unless some system can be devised gradually to change this relation, and with the progress of education, to extend over them our laws and authority, it is feared that all efforts to civilize them, whatever flattering appearances they may for a time exhibit, must ultimately fail. Tribe after tribe will sink, with the progress of our settlements and the pressure of our population, into wretchedness and oblivion. Such has been their past history, and such, without this change of political relation, it must probably continue to be. To effect it many difficulties present themselves. It will require the co-operation of the General Government and the States within which the Indians may reside. With a zealous and enlightened co-operation, it is, however, believed that all difficulties may be surmounted, and this wretched, but in many respects, noble race, be ultimately brought within the pale of civilization. Preparatory to so radical a change in our relations towards them, the system of education which has been adopted, ought to be put into extensive and active operation. This is the foundation of all other improvements. It ought gradually to be followed with a plain and simple system of laws and government, such as has been adopted by the Cherokees, a proper compression of their settlements, and a division of landed property. By introducing gradually and judiciously these improvements, they will ultimately attain such a state of intelligence, industry, and civilization, as to prepare the way for a complete extension of our laws and authority over them. Before I conclude, I would respectfully refer the House of Representatives, for more full and detailed information in relation to the progress made by the Indians in civilization, to the report of the Rev. Doctor Morse, which was laid before the House in pursuance of a resolution of the 22d January last. All which is respectfully submitted. To the PRESIDENT of the U. S. J. C. CALHOUN. FEBRUARY, 1822. TUESDAY, February 12. Reorganization of the Navy-False Construction of the Furlough Privilege-Multiplication of Shore Employments. Mr. Cocke rose to submit a resolution directing an inquiry into certain matters concerning the Naval Establishment. The resolution would point out the object which he had in view; but he thought it important that the House should be advised of the reason which induced him to offer the resolution for consideration. The act of Congress, Mr. C. said, directed that the officers of the Navy should receive but half their monthly pay, when not under orders for actual service. By a regulation of the Secretary of the Navy, each officer attached to the Naval Establishment receives (notwithstanding the law) full pay, except when on furlough. He made this statement from an inspection of the order itself. He viewed it as a departure from the law-an evasion of the law more reprehensible than a direct violation of it-an attempt to get round the law, such as should never receive his sanction whilst he held a seat on this floor. There was another thing to which he was desirous especially to call the attention of the Committee on Naval Affairs, viz: the number of separate stations at which officers are placed, having the effect to increase their compensations, without any correspondent service being rendered. At Norfolk, for example, he understood there were two officers in independent commands, one at the Navy Yard, and one at the town. At Baltimore there was, he understood, another commander; and, from what information he had received, there was not a single armed vessel at that port-though there is a commander for the station, who receives three thousand dollars a year whilst living on his farm, and not attending to any duty at all. He wished also some information respecting the vessels on the Lakes. He understood that most of them were sunk, and none of them fit for service; notwithstanding which a number of men were kept in employ to take care of these sunken vessels; and, if he was not mistaken, the superior officer on that station was dubbed Commodore, as if he were commanding a squadron of armed ships cruising against an enemy, and received pay accordingly. This, Mr. C. said, could not have been the intention of the law. He wished also an inquiry to be made with regard to reorganizing the Naval Establishment, so as not to have a Secretary of the Navy and Commissioner of the Navy too. His friend from Kentucky had told the House, the other day, that millions had been saved to the Government by those commissioners. Mr. COCKE said, he did not pretend to understand much about the subject; but he wished to explain what he did know. He knew that the annual expense of that Board and its clerks, &c., The Message was referred to the Committee had been twenty odd thousand dollars per year on Indian Affairs. since its establishment. If the Secretary of the Navy wanted counsellors, Mr. C. said he thought they might be obtained at a less expense than this to the Government, &c. Mr. C. then submitted the following resolution: Resolved, That the Committee on Naval Affairs be instructed to inquire, and report, how many naval stations are occupied by the United States; the number and grade of the officers at each; what each officer has received as pay and subsistence, and what for emoluments or extra compensation for supposed services; how many have received their full monthly pay who were not in actual service at the time, and by what authority they were so paid; and also, that they inquire into the expediency of reorganizing the Naval Establishment of the United States. [H. OF R to the head of the Navy Department, so as to read as follows: Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of reorganizing the Naval Establishment of the United States. The amendment was opposed by Mr. COCKE, as proposing an unnecessary division of his motion into two distinct resolves, and supported by Mr. MOLANE in reply-and was agreed to by the House. without opposition. THURSDAY, February 14. Russian Claims on the Northwest Coast of made to this Government, by foreign powers, touchpublic; and whether any communications have been ing the contemplated occupation of the Columbia River. FRIDAY, February 15. Mr. McLANE, Chairman of the Committee on Naval Affairs, said he did not mean to make any objection to the scope of the present inquiry. Mr. FLOYD remarked that in consequence of But, he said that the mode which the gentle-unofficial reports of the promulgation of an imman had adopted was not the proper mode of perial ukase of the Autocrat of all the Russias, obtaining the information he was in quest of. in relation to the western limits of the United It did not fall within the sphere of the Com-States, he begged leave to lay on the table the mittee on Naval Affairs to furnish such details following resolution: as the resolution asked for. He would also Resolved, That the President of the United States suggest to the gentleman from Tennessee, al- be requested to communicate to this House whether though he was sure the gentleman's motives any foreign Government has made claim to any part were of the purest kind, as a general remark, of the territory of the United States upon the coast that there appeared to be a rather unfair, if not of the Pacific Ocean, north of the 42° of latitude, and an ungenerous, proceeding creeping into the to what extent; whether any regulations have been practice of this House; which is, that, when made by foreign powers affecting the trade on that gentlemen want information from any Depart-coast; and how far it affects the interests of this Rement of the Government, they should preface it with an argument, calculated to affect, and even to criminate public officers, founded on an assumption of facts proposed to be inquired into, and followed by consequences almost as serious in the public mind, as if the facts assumed were known to be true-when, it very often happened, that the facts, being obtained from the proper authority, were not as had been supposed. He did not say that the facts were not, in this case, such as they had been represented to be. But there was one fact with which he was acquainted, and would state; that, from the commencement of the Government, the construction of the law had been, that every of ficer of the Navy received pay until furloughed; because he is in actual service, liable every minute to be called to duty, until he is furloughed. This was the construction which the law had universally received, and he presumed it was the proper construction. On the other points, adverted to, he was not as fully informed, and had, in no view of the subject, any objection to the inquiry, but to the shape of it because-it devolved on the Committee on Naval Affairs a duty which did not belong to them, and because the resolution, in its present shape, evaded the rule of the House, which requires all calls for information to lie one day for consideration. Mr. MOLANE, not intending to shrink from such part of the proposed inquiry as was within the proper duty of the Naval Committee, moved to amend the resolution, leaving part of it for a separate inquiry directed Preservation of Live Oak Timber. Mr. McLANE, from the Committee on Naval Affairs, reported a bill for the preservation of the timber of the United States in Florida; which bill was read twice, and ordered to be engrossed and read a third time to-day. An engrossed bill, entitled "An act for the preservation of the timber of the United States in Florida," was read the third time, and passed. Banks of Deposit, &c. The SPEAKER laid before the House a report of the Secretary of the Treasury, made in obedience to the resolution directing him to report the banks in which the moneys received from the sale of public lands have been deposited since 1st January, 1818; the contracts under which the deposits have been made; the correspondence relative thereto; the amount of deposits left in each, &c.; which report was ordered to lie on the table. A motion was made that the same, together with the documents, be printed. A division of the question on this motion being called for, the same was put on so much as proposes to cause the said report to be printed, and passed in the affirmative. |