SENATE.

Louisiana Land Titles.

[FEBRUARY, 1823.

that I shall thereby furnish the most satisfactory testi- | it; whether it was right for Congress to grant mony that can be offered of my high respect for this divorces at all, (it has never yet granted one,) body, as well as of my esteem and personal regard &c. for the individuals composing it.

On motion of Mr. MILLS, the Secretary was directed to wait on the President of the United States, and acquaint him with the election of Mr. GAILLARD as President of the Senate, in the absence of the VICE PRESIDENT of the United States, and also to inform the House of Representatives thereof.

THURSDAY, February 20. Christian Indians in Ohio-Failure of the Experiment.

On motion of Mr. RUGGLES,

Resolved, That the Committee on Finance be instructed to inquire into the expediency of making an appropriation to enable the President of the United States to take such measures as may be necessary for purchasing the right, title, and interest, which certain Indians have in and to three several tracts of land, of four thousand acres each, lying in the county of Tuscaroras, in the State of Ohio, which lands were granted by Congress, in the year 1796, to the "Society of United Brethren for propagating the Gospel among the Heathen," in trust, for the sole use and benefit of the said Indians; said purchase to be made with the knowledge and consent of the said Society.

MONDAY, February 24.

The PRESIDENT communicated the credentials of JOHN TAYLOR, appointed a Senator by the Legislature of the State of Virginia, for the term of six years, commencing on the fourth day of March next; and also, the credentials of NEHEMIAH R. KNIGHT, appointed a Senator by the Legislature of the State of Rhode Island and Providence Plantations, for the same term of six years; which were severally read, and laid on file.

Case of Divorce.

The Senate then took up the bill to divorce John Wheelwright, of Alexandria, and Caroline Eliza Wheelwright his wife.

It was agreed, on all hands, the facts being generally admitted, that it was a case of great hardship. Messrs. BARBOUR and SOUTHARD advocated the bill with much earnestness. It was opposed by Messrs. KING of New York, BENTON, MILLS, HOLMES of Maine, and CHANDLER. Mr. LLOYD, of Massachusetts, without taking sides on the bill, spoke in corroboration of the facts set forth by the petitioner, and as to the great respectability of the connections of the lady residing in Boston.

The question being taken on ordering the bill to be engrossed and read a third time, it was decided in the negative by yeas and nays, as follows:

YEAS.-Messrs. Barbour, Barton, D'Wolf, Dickerson, Eaton, Johnson of Kentucky, Johnson of Louisiana, Kelly, Knight, Lanman, Noble, Parrott, Southard, Talbot, Taylor of Indiana, and Williams of Tennessee-16.

NAYS.-Messrs. Benton, Boardman, Brown of Ohio, Chandler, Elliott, Findlay, Gaillard, Holmes of Maine, Holmes of Mississippi, King of Alabama, King of New York, Lloyd of Maryland, Lloyd of Massachusetts, Macon, Mills, Morrill, Palmer, Seymour, Smith of South Carolina, Stokes, Taylor of Virginia, Thomas, Van Buren, Van Dyke, Ware, and Williams of Mississippi-26.

So the bill was rejected.

TUESDAY, February 25.

Louisiana Land Titles.

The Senate resumed, as in Committee of the Whole, the consideration of the bill to enable the holders of French, British, and Spanish titles to land, within the State of Louisiana, which have not been recognized as valid by the Government of the United States, to institute proceedings to try the validity thereof, and for other purposes; together with the amendments reported thereto by the Committee on Public Lands.

Mr. JOHNSON, of Louisiana, explained the obMr. W. petitions for a divorce, on the ground|jects of the bill, and urged the importance of of the insanity of his wife, at the time of his marriage, (though then to him unknown;) of the increase of the malady until it became entirely settled and confirmed; of its having now continued for several years, and the belief, (in which he has the opinion of the physicians in whose care she has been long placed,) that the insanity is incurable.

A long and feeling debate took place on this bill-chiefly on these points: Whether the insanity actually existed at the time of marriage, so as to render the contract void; whether an affliction of this character ought to dissolve the marriage contract; whether, if it was entitled to relief, the tribunal appointed for the purpose of granting such relief in the State of Massachusetts, (where the marriage was contracted,) was not the proper place for the petitioner to seek

acting on the subject at the present session. He thought it was not only the duty but the interest of the Government to provide for the adjustment of the claims embraced by the bill. If they are not valid, they belong to the United States, and should be brought into market, which could not be done until they are decided

on.

But he complained of the injury done to Louisiana, by keeping large claims of land waste, within the limits of the State. Emigration had then been checked, and the prosperity of the country retarded. He said, when the subject was under consideration some days since, he had proposed to exclude from the operation of the bill three large claims known by the names of Bastrop's, Maison Rouge's, and Houmas's, not because he had changed his opinion since he introduced the bill, but because he understood

FEBRUARY, 1823.]

DEBATES OF CONGRESS.

Political and Commercial state of the Island of St. Domingo.

[SENATE.

all its branches. The call supposes something pecu-
liar in the nature of the government of that island,
and in the character of its population, to which at-
tention is due. Impressed always with an anxious
mation, I most willingly comply in this instance,
desire to meet every call of either House for infor-
and with a view to the particular circumstances al-
luded to.

it to be the opinion of the Committee on Public | interesting nature of the subject embraced by it, in.
Lands to whom the bill was referred, that it
was expedient to provide for their decision in a
separate bill. But as no such bill had been
since introduced for the purpose, he was now
opposed to the amendment under consideration,
reported by the Committee on Public Lands,
which proposed to exclude these claims from
the operation of the bill. He considered it of
the first importance in every point of view, that
these claims should be also adjusted without
further delay.

arose, It was

Upon this amendment a discussion which occupied more than three hours. ultimately adopted-ayes 27, noes 10. It appeared to be the opinion of the several members, that the three claims alluded to, should not be referred to the Judiciary, but be decided on by Congress itself; though the Senate seems to have acted on the ground that it was expedient to provide for their adjustment by a separate bill.

The gentlemen who spoke in favor of including the three large claims, named above in the bill, were Messrs. JOHNSON of Louisiana, VAN DYKE, BROWN of Louisiana, SMITH of Maryland, and MILLS; and those who opposed it were Messrs. TAYLOR of Virginia, VAN BUREN, EATON, LANMAN, BARBOUR, and CHANDLER.

After considerable discussion on other details of the bill, and the adoption of several amendments; and after rejecting a motion to postpone the bill indefinitely, the question was put on engrossing the bill for a third reading, and was decided in the affirmative by yeas and nays --yeas 28, nays 6, as follows:

In adverting to the political state of St Domingo, I have to observe, that the whole island is now united under one government, under a constitution, which retains the sovereignty in the hands of the people of color, and with provisions which prohibit the employment in the government, of all white persons who have emigrated there since 1816, or who may hereafter emigrate there; and which prohibit, also, the acquisition, by such persons, of the right of citizenship, or to real estate in the island. In the exercise molested by any European power. No invasion of of this sovereignty, the government has not been the island has been made, or attempted, by any power. It is, however, understood, that the relations

between the Government of France and the island

have not been adjusted, that its independence has not been recognized by France, nor has peace been formally established between the parties.

The establishment of a government of a people of color in the island, on the principles above stated, evinces, distinctly, the idea of a separate interest, and a distrust of other nations. Had that jealousy been confined to the inhabitants of the parent country, it extending it to the inhabitants of other countries, would have been less an object of attention. But, by with whom no difference ever existed, the policy asplanation. To what extent that spirit may be insumes a character which does not admit of a like exdulged, or to what purposes applied, our experience has yet been too limited to enable us to form a just YEAS.-Messrs. Barbour, Barton, Benton, Brown estimate. These are inquiries more peculiarly interof Louisiana, Brown of Ohio, Elliott, Findlay, Gail-esting to the neighboring islands. They, neverthelard, Holmes of Maine, Johnson of Kentucky, John- less, deserve the attention of the United States. son of Louisiana, Kelly, King of Alabama, King of New York, Lloyd of Massachusetts, Macon, Mills, Noble, Palmer, Seymour, Smith of Maryland, Stokes, Taylor of Indiana, Taylor of Virginia, Thomas, Van Buren, Van Dyke, and Williams of Mississippi. NAYS.-Messrs. Boardman, Chandler, Dickerson, Lanman, Morrill, and Smith of South Carolina.

WEDNESDAY, February 26.

IN EXECUTIVE SESSION.

Political and Commercial state of the Island of
St. Domingo.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate of the United States:

By a resolution of the 27th of December last, the
President of the United States was requested to com-
municate to the Senate, such information as he might
possess, respecting the political state of the Island of
St. Domingo; whether the government thereof was
claimed by any European nation, what our commer-
cial relations with the government of the island were,
and whether any further commercial relations with
that Government would be consistent with the interest
and safety of the United States.

From the import of the resolution, it is inferred that the Senate were fully aware of the delicate and

Between the United States and the island a commercial intercourse exists, and it will continue to be the object of this Government to promote it. Our commerce there has been subjected to higher duties than have been imposed on like articles from some other nations. Is has, nevertheless, been extensive; proceeding from the wants of the respective parties, and the enterprise of our citizens. Of this discrimination to our injury, we had a right to complain, and have complained. It is expected that our commercial intercourse with the island will be placed on the footing of the most favored nation. No preference is sought in our favor, hor ought any to be given to others. Regarding the high interest of our happy Union, and looking to every circumstance, which may, by any possibility, affect the tranquillity of any part, however remotely, and guarding against such injury, by suitable precautions, it is the duty of this Government to promote, by all the means in its power, and by a fair and honorable policy, the best interest of every other part, and thereby of the whole. Feeling, profoundly, the force of this obligation, I shall continue to exert, with unwearied zeal, my best facilities to JAMES MONROE. give it effect.

FEBRUARY 25, 1823.

The Message was laid on the table for consideration.

and progressed rapidly with the works; they had surmounted the difficulties that had impeded their progress; the materials sufficient The bill to authorize the adjustment of the for the completion of the works had been obaccounts of Nimrod Farrow and Richard Harris tained; and at the time Congress withheld the (formerly contractors for building the fortifica- appropriations which occasioned the progress tions on Dauphin Island, now abandoned) was of the works to be stopped, there was every taken up. A debate of considerable duration reason to believe the contract would soon be took place on this bill and the various amend- | fulfilled, to the entire satisfaction of the Govments offered thereto.

FEBRUARY, 1823.]

Government Deposits in Banks.

be derived from his contract could arise, not from the collection of the materials on the island, but from putting the materials together in the construction of the works.

FRIDAY, February 28.

Government Deposits in Banks.

[SENATE.

The PRESIDENT laid before the Senate a report from the Secretary of the Treasury, relative to loans or deposits made by the Treasury to banks from the year 1789 to the present time-rendered in obedience to a resolution of the Senate; which report was, on motion of Mr. EATON, ordered to be printed. The report is as follows:

Mr. J. proceeded to state, that about 80 or 100 slaves had been purchased on account of the Government, for the purpose of executing the works, and were mortgaged to the Government for the advances made, and are now held subject to the mortgage. And what is contemplated to be done, he asked, by the bill from the House of Representatives? It provides for the sale of the slaves and materials alluded to, TREASURY DEPARTMENT, Feb. 25, 1823. SIR: In obedience to a resolution of the Senate, of for prompt payment, with the view of giving the contractors credit for the amount of the the 29th ultimo, requesting the Secretary of the proceeds of sales. It was evident, he said, that Treasury "to inform the Senate if any loans of mothe property, if thus disposed of, would be sac-made from the Treasury, to any individuals or bankney to any amount, and for what purpose, have been rificed. Besides, the power of Congress to ing institutions, since the third day of March, 1789, adopt such a step might be questioned. If the and whether such loans, so made, have been repaid, materials furnished for the fortifications belong or in any manner adequately secured, so that the to the United States, they require no law to Government will ultimately be satisfactorily reimauthorize the sale of them. If they are the bursed," I have the honor to submit copies of letters property of the contractors, Congress has no from the Secretary of the Treasury, from the 19th of right to pass a law directing the sale of them. March, 1792, to the 17th of July, 1819, inclusive, to But, presuming the materials to belong to the the officers of the Bank of the United States, and of contractors, and admitting the power thus to its branches, and to the officers of certain State dispose of them, would it be just or politic to banks, and to other officers and individuals, which exercise it? He thought not. The materials contain the information required by the resolution, as are wanted, and may all be employed, as he is far as it can be collected from the correspondence of the department. informed, in completing the fortifications now building at Mobile Point, three miles from Dauphin Island. He was of opinion, therefore, that the Government should be authorized to receive them at a fair estimation, leaving the question of damages open for further investiga- By the first of these letters, dated the 19th March, tion. He was also of opinion that the Govern- 1792, the Secretary of the Treasury informed the ment should be directed by this act to receive President of the Bank of the United States that it the slaves in question at the price for which had been represented to him that an unusually large they were purchased, or at least to discharge sum of money had, and would become due to the the mortgage on them. The gentleman who United States, from importers in the district of Philahad purchased the slaves for the Government delphia, in the month of March, 1792, and reminded had not been credited with the amount paid for him that, in consequence of standing circular instructhem, nor was he permitted to use or to dispose the merchants, as cash, the post notes of the Bank of tions, the collector of the district would receive from of them. This seems to present a case of pecu- the United States, if not issued for a longer period of liar hardship, nor could he reconcile the course payment than thirty days, and that he would judge which had been pursued in relation to the sub-how far it might be convenient to make operations ject with his ideas of the principles of justice.

The bill under consideration, he said, requires the Secretary of War to cause all the facts of the case to be investigated, and to report the same to Congress at their next session, for the purpose of enabling Congress to act advisedly on the subject. There was one great objection to this plan. If adopted, the adjustment of the subjects in controversy will be suspended for another year, greatly to the injury of all parties concerned. He would prefer to see the bill modified, so as to make an immediate disposition of the materials and slaves alluded to, in the manner he had suggested, leaving the question of damages to be ascertained as provided for by the bill. Nevertheless, he preferred this bill to the one from the House of Representatives, and hoped it would not be postponed.

The motion was rejected, and the bill was ordered to a third reading, and passed.

By reference to the papers numbered from 1 to 11, inclusive, it is apparent that loans in fact, though not in terms, were offered by the Treasury Department to the Bank of the United States, and to the State banks to which they were directed.

payable in such notes, which might not be convenient if payable immediately in specie or cash notes. On the 29th of the same month, a letter was addressed, by the same officer, to the President of the Bank of Maryland, stating that it has been intimated to him that considerable sums of duties had become due, or were to fall due, in Baltimore, in the course of the month, and that it was at all times his wish to give to the merchants as much facility as the public business would admit; that he had, therefore, determined, if he should incline to make discounts for the importers, to enable them to pay the duties due on or before the 15th of April thereafter, he would leave a sum of money equal thereto, in his hands, for sixty days after the dates of the notes.

By his letters of the 10th of April, 1792, the Presidents of the Bank of the United States and of the Bank of Maryland were informed that circumstances within his knowledge induced him to state that the operation, suggested in his letter of the 29th of March, continued to be desirable in relation to those

Government Deposits in Banks.

The latter of these letters relates to the case of an individual, in whose favor the Secretary of the Treas-formed the Secretary of the Treasury, that the great ury submits to the consideration of the bank, whether an accommodation could not be granted to him, on condition that the sum discounted should be paid in a post note, to be deposited with the collector of the customs. This representation was made in consequence of the individual's being unable to obtain a credit at the custom-house on a cargo of coffee, because he had duty bonds to a considerable amount then due. It appears, from the letter of the 23d of February, 1793, already referred to, that arrangements of that nature were made, verbally, with the bank, as the arrangement referred to in that letter is not of record in the office.