MARCH 2, 1832.] Specie at the parent bank, Philadelphia, Specie more than notes, Specie at the branch of Boston, Specie more than notes, Specie more than notes, $3,660,349 supposing that the branch bank orders have served to drain 2,556,997 the specie from the Southwest; that, instead of this, no thing has been more serviceable to us; and yet, in his late 1,103,352 bill, he recommends this very currency to be abolished. It is owing, he says, entirely to another cause, and then 1,005,820 gives an instance of the process, as he conceives, that 664,360 works this mischief. He first premises, and in this I most cordially agree with him, that the balance of trade is great341,460 ly against us, by reason of an oppressive, and, I will add, dishonest system, under the insidious garb of revenue; 2,226,429 and that whenever this is the case, the specie that goes off 1,702,657 never returns. He then puts the case of the Western farmer who sells his stock in Savannah or Charleston, and 523,772 not wishing to trade at either place, purchases from the branch bank bills of exchange on the North; this operation Now, sir, behold the operation of these branch orders he states is calculated to keep the specie in the South, for combined with other causes which shall hereafter be no- otherwise they would carry it off from the local banks, ticed, to draw off the silver from the extremities to the and, consequently, sets it down as a great advantage to centre. The extremities, unfortunately, are the parts the South. But, he continues, the great drain is from this where life generally begins to ebb, and in this case it has cause; there is more public revenue collected in the South been wonderfully true, for while the heart, the centre of than is there disbursed, and consequently is obliged to be life, has been throbbing with a force that has thrown off transferred elsewhere to meet the Government engageits millions to Europe, the South and West have been ments. The bank is not the cause of the evil, but the shivering with cold feet and hands, the sure prognostics mere instrument of the Government in making these of approaching death. Let me just call your attention drafts. He supposes the revenue collected in the South to one single feature, while looking upon these two pic tures. to be three millions, and the disbursements of the Government half a million: the balance therefore must be drawn Fayetteville, a mere village compared with New York somewhere else, to be applied to the wants of the Governand Boston, issuing nearly as many bills as the former, and ment. This transferring of the revenue from place to almost twice as many as the latter, and that upon nineteen place, he maintains cannot be done by the local banks. thousand dollars specie! Who could believe it? But, Now let us examine all these positions, premising, howMr. Speaker, I promised somewhere in my argument to ever, that his assumed amount of revenue and disbursement show you, besides the fact that the specie was drawn from in the South is very far from being the true state of the the South and West to pamper Northern cities, that there | fact, for the income of the Government is less, and its exwas another most outrageous design for this robbery. The penses much more. To guard against the constant drafts Northern wars of Europe have produced a great demand which the branch banks make upon the local banks for for specie, so that it has sold in England from four to six their specie, the latter have been obliged to supply themper cent. during the last year. The United States' Bank selves with funds in the Northern banks, upon which they has shipped to that market upwards of five millions of occasionally draw in favor of the former, to keep their specie, and, after selling it at the per cent. mentioned, has gold and silver at home. Now, if the gentleman, to use drawn bills of exchange upon the funds received for the his own words, had gone a "little deeper" into this matspecie at the enormous premium of eleven per cent., mak- ter, he would have found this to be the exact process of ing by this double operation not less than sixteen per cent. money drawing, and, instead of a benefit, is a most essenBesides the fraud upon the South and West, besides the tial injury to the South. Take his own case, for instance: injury to the general wealth and resources of the country, the Western farmer sells his stock, and receives its value what have been the consequences to the commercial inte- in the bills of the local banks; he goes to the branch bank rest? Such was the quantity of money in the North at one to buy a bill of exchange, that bank takes his money right time, that interest had fallen to four per cent., since which away to the local bank that issued it; either receives the it has risen to twelve. The late excessive issues, bottom-silver or gold for it, or a draft upon the North, as I have ed upon such a scanty specie foundation, have produced before stated; if the latter, they make the local bank alarm, and the consequence is, discounts have stopped sud-discount one per cent. With this bill they return to the denly, and left commercial establishments in the most aforesaid farmer, and make him pay one per cent. premium, perilous condition, so that you may look out for heavy and this is not all, they make him pay one-half per cent. failures. In the West, orders have been given not only premium for having taken his local bills, which they had to stop but to call in; and in the town of Louisville, it has before his face carried to the local bank, and with which produced such a panic, that the people assembled with purchased a bill of exchange. Thus they make two and a flags and drums to betoken their indignation at such wan- half per cent. at the expense of the local bank. ton disregard of their condition, brought about by the It is a notorious fact they do not buy and sell by the bank's own previous seductive indulgence. And this open-same measure. A Western branch advertises that it will ing and contracting character is often regulated by indi- either buy bills at a discount, or sell them at a premium! vidual and private speculations. For instance, directors, What would be thought of a farmer that bought and sold and there are many such in every bank who entirely con- by different weights and measures? The morality of banks, trol its operations, finding that there is a great accumula- if applied to the concerns of society, would resolve it into tion of produce in the town where the bank is located, a den of swindlers. suddenly close their vaults against customers, by which The usual dealing is this: The branches sell United they exclude competition from the market, and then, with States bills at one-half per cent. premium; they collect funds which they can readily command, become the sole the State bank bills, and demand the specie of them weekbeneficiaries of a sacrificed trade. This is believed to be ly, which they must pay, or give checks on the North at the case in Louisville, by reason of the vast quantities of one-half per cent. discount. These checks the branches produce locked up there this winter by the ice. But let sell at one-half per cent. premium, having pocketed half it proceed from either cause, it shows that there is some- on their own notes, half from the State bank, and half from thing wrong in the workings of the bank. But the gen- the merchant. When these facts are carefully examined, tleman says that in nothing am I so much mistaken as in does not every body perceive that the local banks are H. OF R.] Bank of the United States. [MARCH 2, 1832 made the instruments at last, by which every thing is done have been expected from the excessive sacrifices they for the Government which is imputed to the United States' had been compelled to make. The issues of money had Bank? How does the surplus revenue, of which the gen- been immense, but it was for a generous and noble object. tleman speaks, and which he says is the cause of draining Sch another state of things can never again occur in this the specie from the South and West, get to the places at country. It is fondly to be hoped that one part of this which it is wanted? Specie must be transported in wa- nation will not have to fight the battles common to all, and gons or ships. Cannot the local banks have it carried as to exhaust themselves to support the honor and interest of well as the branch banks? Is it not now carried by the a Government, the maintenance of which involved an profit made from them in the manner I have described equal obligation from the whole community. It was said If they now have funds in the North, upon which they can that the currency was deranged, and that a United States and do draw at a loss, what is to hinder them from having Bank must be chartered to restore it to soundness. And even more, if they had the Government deposites. Why having said this, it is now believed that that bank is enmay they not do that directly which they are now made titled to the credit of establishing it. Nothing is so erroto do indirectly? The branch banks have no specie, as neous. The bank never went into operation till the year already shown; they draw their specie from the State 1817. In two years thereafter, it was pronounced insolbanks, and make them pay for sending it to the North. vent by a committee of Congress. In July, 1827, the Now, in the name of every thing that is reasonable, could branch orders commenced to issue, which Mr. Biddle denot the State banks do it themselves? clared in a letter, dated January, 1828, to Mr. Rush, was Mr. Speaker, a most prodigious character is given to obliged to be resorted to, or to give up the bank. Listen the United States' Bank for its great credit throughout the to his own words: "The institution found itself in a poUnion; nothing is so much spoken of, and yet, strange as sition where it became necessary either to renounce the it may appear, nothing is so unfair and so undeserved. great purposes of its creation, or to seek, among its other Permit me to tell you the whole mystery of this matter. acknowledged powers, the means of accomplishing them." It is nothing under heaven that gives this bank such a name How could it have restored the currency to soundness, if but two provisions in the charter, which, taken out, would all the time it was struggling as in a case of life and death? sink its credit to a level with the meanest local bank in Crippled from the beginning--at its last gasp in 1819-America. First, the Government receiving all her dues but barely crawling on to 1827, and yet the great restorain the bills of that bank; and, secondly, depositing all her tive of the currency of the country? The thing is too revenue in the same. Now, sir, I affirm, borrowing the unreasonable. No, the truth is, it is the cause I have idea from a late forcible writer, if the Government will mentioned--it is the Government's credit, and her twentydo these two things for the meanest beggar that crawls in five millions of dollars thrown into the scale of this dis tattered rags through this city, he would have directly the tempered monster, that has enabled it to weigh down the same credit that the United States' Bank has. Just let State institutions. the Government proclaim to the nation that it will receive The two last charges may be taken together; they conthe notes of such a person as I have described to the sist in establishing agencies in different States, without amount of twenty-five millions in payment of its debts, authority, and employing State banks to transact their and that it will endorse the same, and put all her money business, without the consent of the Secretary of the in his possession, and he forthwith goes abroad with the Treasury. The gentleman says he is wholly ignorant of whole of Government credit with him; and this is precise any provision in the charter which forbids such agencies, ly that which is imputed unperceived to the bank. Why, nor does he exactly understand what I mean by the last then, if given to local banks, should not the same result objection. This is not my fault; but I think I have shown be expected? They are managed in the same way, with by a clause from the charter, that the only powers the men of equal skill, of equal integrity, and with the same bank has on this subject, is to establish a branch, with a science and materials. Does any one believe, if Pennsyl-president and directors, for the purposes of discount and vania, without any aid from the General Government's deposite, or to employ any other bank to transact its busi credit, had set up such a bank as that now in Philadelphia, ness other than that of discounting. Having specially it could have acquired the same credit? Why do not provided two ways, all others are excluded; there is no the other banks in that State possess it? Surely in that authority to appoint agencies, and neither of the foregoing great State all the banking wisdom and honesty have not methods will, in the remotest degree, admit of that congot into the United States' Bank alone? But notwithstand-struction. The last ground is a simple affirmation, which ing all this advantage is given to this great bank, there are can easily be disproved by showing the consent of the other banks in the Union almost of equal credit. I dis. Secretary of the Treasury to employ such banks as are cover by the directions of the Treasury Department, that the receivers of money, even in Mississippi and Arkansas, are instructed to receive the bills of the State banks of Boston and New York. If these can be made to answer the purposes of the Government, why may not well regu- I believe, sir, I have now gone through all the argulated banks of other States do the same thing? The truth ments of the gentleman, founded upon the charges in is, Mr. Speaker, every thing in the South is distrusted; their regular order. Before, however, I take my final there is not that confidence and respect, such as ought to leave of him, I must advert to one suggestion, which, exist between sister States, extended to that region, and from its nature, was intended to be addressed to our sym. it is growing more manifest every day. The local banks pathies; and as I am one who have ever believed that one there, as well as in the West, have been treated with touching sally upon the passions overpowers a thousand great ingratitude. While they strained every nerve to dry arguments, I always leave the latter to dislodge the support your last war, lent to the last dollar, behold the former. He said, "a large portion of the stock of this North was clenching her gold and silver as though it were institution belongs to the widow and the orphan; in many in the claws of an eagle--not a farthing was lent. They instances, perhaps, their sole support and inheritance." wept when you were victorious, and shouted when you I believe nothing could be of more service to this descrip were vanquished. They boasted of their gold while the South and West triumphed in their victories. After the war, when that portion of the country which had to support it with their lives and money, came to count the cost, it is true they found themselves embarrassed, as was to transacting their business. The requisition on the part of the charter is a very wholesome one, for the Government ought to know what local banks are permitted to take charge of their immense deposites. tion of persons than a dissolution of this institution. When the old United States' Bank wound up its business, and made a final division, each stockholder had returned to him not only the full amount of his shares, with eight per cent. interest per annum for the whole period of its incor MARCH 2, 1832.] Bank of the United States. [H. of R. poration, but he had paid to him one hundred dollars to I have some additional charges to make, Mr. Speaker, the share besides-that is, his money was doubled, exclu- in reference to the conduct of the Norfolk branch. There sive of the interest. There is no manner of doubt that stands an item of forty thousand dollars on the monthly such would be the result at the expiration of the present statements, to the debit of the late navy agent, which, charter. This doubled amount could soon be vested in as I understand, has occurred in consequence of the cashother stock, and their means of support consequently in- ier's permitting him to overdraw the funds of the Governcreased one hundred per cent. And, Mr. Speaker, this ment, placed to his credit in that bank. And that these would be no common support, either: for I find, upon overdraughts have been further occasioned by this very examining the list of stockholders, there are upwards of cashier's purchasing the checks of the navy agent at a forty widows who own over ten thousand dollars each, and discount, and applying the proceeds to his individual proseveral as high as fifty thousand. Concerning these last, fit, which speculation was brought about by telling the I hope the gentleman will give himself no uneasiness; for holders of these checks that the navy agent had no funds they can assure him, in any event of the bank question, in bank, but that he would pay them off for a premium, they will remain pretty good game for the pursuit of any and that he did so to a very large amount. widower whatever. But, sir, while he is manifesting such I have the evidence before me, which I beg leave to sensibility for these destitute persons, let me shade his read from the report of the late Secretary of the Navy, portrait a little by a sombre color, which I can employ that this same cashier charged the Government two per from another class of stockholders in this same bank. The cent. for ten thousand dollars specie, which it wanted for real stockholders are not American widows and orphans, a South American expedition. [Here the extract was but British lords and ladies, British naval and military offi- read.] On another occasion, the Government wanted cers, British clergymen and country squires; and, sir, for twenty thousand dollars, and the same cashier demanded your exquisite delight, permit me to read a few of their one-half per cent., but that premium being refused, the names: Baring, Brothers, & Co., London, The most honorable the Marquis of Hertford, Sir Colin Campbell and Sir Richard Hunter, Sir Robert Harvey, Sir William Keppel, General in his British Majesty's forces, Knight of the Grand Cross of the Order of Bath, Major General Maister, Sir George Nugent, Baronet, J. Packwood, of the royal navy, Sir Marmaduke Warren Peacock, Lieutenant The Earl of Beauchamp, Sir Gilbert Sterling, Lady Sarah Stuart, Sir Grenville Temple, Augusta Countess Dowager Van Pollant, Major General McDonald, Lieutenant General Sir Thomas Bradford, Lord Erie Reery, Mrs. Ann Redfern, Abel Smith, Esq. John Marshall, Lieutenant Colonel John Maxwell, Lady Rosabella Wilson, And last, though not least, Mrs. Candelaria Bell, money was not had, and the State banks supplied it with$791,500 out any charge. Now, to a Government which has ge100,300 nerally ten millions of her money upon deposite in this institution, and whose wants, by the very terms of the 10,000 charter, are to be supplied at all places, it is well worthy 37.100 of knowing the reason of this extraordinary demand, es12,000 pecially when I tell you it was made contrary to the will and wishes of the directors of that bank. The president 50,000 of the mother bank disavows most positively that the in19,500 stitution, in any of its relations, ever interferes in politics. He knows that such a vast moneyed establishment, with its five hundred officers, and million of debtors, could 72,200 exert an influence in this Government calculated to de9,000 stroy its independence, and hence he has, in a late pri20,000 vate letter, written for publication in a newspaper, which 8,000 I have before me, utterly disclaimed any concern in the elections of the country. Now, sir, although I do not 50,000 wish to abridge any of the rights of the citizens in this 15,000 free and happy country, and I am perfectly willing that 10,000 every man in it, or in any office belonging to it, should 31,300 exert all the influence he has, personally, in the whole 20,000 round of its affairs, yet I do not think it prudent that he 4,200 should bring to the contest either the weight of his of50,000 fice or the superior control of his money, much less do 64,900 I desire to see the avowal of principles, for a secret pur4,000 pose, that stand contradicted by actual facts. Now, sir, 30,000 the private letter to which I have alluded is not, in point 60,000 of fact, correct. The president of the Norfolk branch 70,160 did in person attend the polls, at an election for the mem100,000 bers of Congress, challenged the voters as they came up 50,200 to the clerk's table, some he changed, and, when re120,000 proached for his conduct, he stated he was indifferent as 20,000 to the candidates individually, but he stood there opposed 7,100 to General Jackson. This course of conduct produced 20,000 great excitement, which terminated in a fight between 30,110 the president of the bank and the person who reproach. 178,400 ed him, immediately in the presence of the managers, 123,600 Perhaps it may be said the directors of the mother bank 100,000 know nothing of these last charges; I answer, sir, that 264,200 the whole of them have been laid before the directors at 64,900 the central institution, and pressed with much earnest15,000 ness by one of the largest stockholders in Virginia, whose 15,000 information, so far, has received little or no attention. In conclusion, Mr. Speaker, I offer one more reflec63,700 tion. It is aptly said, by some writer, that the financial whose fanciful and beautiful name I hope will be remem- system of this country represents an inverted pyramid. bered by some gentleman of the turf when he comes to Six thousand millions of property, and all the enterprises christen his next female racer. In all, upwards of four and interchanges of the country resting upon sixty thou hundred in number, and holding stock to the amount of sand paper dollars, which are themselves depending upon eight and a half millions, besides what is in the hands of about fifteen millions of specie. And all this under the lexclusive control of one grand, regulating, central ma trustees. H. OF R.] Wood's Patent.-Bank of the United States.--Claim of Mrs. Decatur. [MARCH 3, 1832, chine, whose whole operations, and all its immense pro- each; to the fifth class, $1,136 66; and to the sixth class, fits, belong to a highly favored few. I have done, for the consisting of the seamen and marines, the sum of $833 33 present; but the half has not been told which belongs to each." this important subject. WOOD'S PATENT. The bill extending the period for the patent formerly granted to Jethro Wood for his improved plough, coming up for consideration, Mr. CARSON replied to the several objections that had been urged against the bill; after which, on motion of Mr. McDUFFIE, the committee rose, and reported progress. The House then adjourned. SATURDAY, MARCH 3. BANK OF THE UNITED STATES. Mr. TAYLOR explained, and advocated the bill. He stated the principle on which the period of patent rights had occasionally been extended, namely, that the inventor had not been compensated for the time, labor, and expense bestowed by him in bringing to perfection some very useful and valuable improvement, or that during the period of his former patent he had been subjected to loss and Mr. CLAYTON was entitled to the floor; but as there oppression by frauds and the costs of law suits. He refer- remained but a small part of the hour allotted to resolured to the celebrated cases of Evans and Whittemore, as tions, he concluded, after an attempt to suspend the rule establishing these principles. He enlarged upon the va- appropriating Saturday to private bills had failed, to move lue of Mr. Wood's invention, by which one of the most that the further consideration of the resolution be postimportant instruments in husbandry had received greater poned until Monday next, and it was postponed accordimprovement than in all the centuries since the days of ingly. Virgil's Georgics. He stated the circumstances which had prevented the inventor from realizing the reward to which he was justly entitled, and the proviso by which the bill was guarded; and concluded by moving that it be engrossed for a third reading. Mr. WICKLIFFE, though not particularly acquainted with the nature of Mr. Wood's improvement, was opposed to extending his privilege, since it would operate as a tax upon agriculture. Mr. BARSTOW opposed it upon the same ground. The patentee must have realized large profits, as the ploughs were at first sold for double their present price. Should this bill be passed, the House would be inundated with applications of a similar kind. Mr. DANIEL stated the difference between the case of Brown, whose patent had been extended for his invention of a means of separating the impurities of iron ore, and this case of Wood's. CLAIM OF MRS. DECATUR. The House then again went into committee on this bill, and continued the debate thereon, and on the amendment offered yesterday by Mr. DAVIS, of Massachusetts, till a late hour, without bringing it to a close. Mr. McDUFFIE addressed the House, at considerable length and great earnestness, in support of the bill, and against the amendment moved by Mr. DAVIS. He was replied to by Mr. DAVIS, who supported the amendment on the ground of justice to all the captors. Mr. TRACY said, that when the committee shall consider the large sum of money which it is proposed to appropriate by the bill under consideration, the antiquity of the claim of the petitioner, and the fact that bills in this case, similar to the one before them, had been reported 1826, all of which, after a thorough and dispassionate into this House at every successive Congress since the year Mr. BURGES went at large into an explanation of the vestigation and mature reflection, had been rejected, he nature of Mr. Wood's improvement on the plough, on trusted that they would not now, by their vote, sanction which he passed many encomiums, having made full ex- this bill, without a full acquaintance with the facts and periment of it on his own estate. He explained the diffi- principles upon which it was attempted to support it, as culties Wood had had to contend with, and his exertions well as a conviction of the justice of the claim. and expense in bringing his valuable improvement into This bill proposes to give to the officers and crew of the He protested against confining the patronage of Government to improvements intended to benefit manufactures, and insisted that those tending to benefit agriculture were entitled to equal regard. use. After a reply from Mr. BARSTOW, a rejoinder from The motion was negatived--yeas 54, nays 73; when, CLAIM OF MRS. DECATUR. The House then resolved itself once more into a Com mittee of the Whole on the state of the Union, on the bill for the relief of Susan Decatur. Mr. DICKSON withdrew a motion that he had made on Saturday last to strike out the enacting clause of the bill. Mr. DAVIS, of Mass., opposed the mode of distribution reported in the bill, and moved the following amend ketch Intrepid, or to their personal representatives, and to Mr. T. remarked that he Said Mr. T., I trust, Mr. Chairman, that I view the petition of the applicant with an impartial eye, and that I justly appreciate the character and services of the gallant man who planned and conducted the enterprise referred ment, to be inserted in lieu thereof: to; who was among the foremost of those heroes, but few "That the distribution should be made according to of whom have existed in any age or country, and who so the rules laid down in the prize act, viz. To the com- largely contributed to exalt the naval character of our mander of the squadron, $5,000, and to the commander country to the highest pitch of glory. This exploit is a of the Intrepid, $10,000; to the lieutenants, being the matter of record, and will survive in the breasts of Amerisecond class, the sum of $3,300 33 each; to the officers of cans so long as shall the history of our common country. the third class, $2,000 each; to the fourth class, $1944 44 Its fame resounded throughout the world, and reflected MARCH 3, 1832.] Claim of Mrs. Decatur. [H. OF R. Commo the brightest lustre on our national character. I am not resolution adopted by the House of Representatives, the unmindful of the bravery and skill which marked this ex- President of the United States was requested to lay before ploit; and I acknowledge, in its fullest extent, the im- the House the names of the officers and the number of portant political effect which this act produced in contri- men who were employed in the destruction of the Philabuting largely to our obtaining an important, advantageous, delphia, in the harbor of Tripoli, and the circumstances and permanent arrangement with the Bey of Tripoli. 1 attending the event: that, on the 15th day of November, also trust that I view with proper feelings the character 1804, the President made to the House a special communiand virtues of the accomplished lady, the surviving con- cation, in conformity to said resolution, to which he addsort of Commodore Decatur, with whom I have not the ed, "that Lieutenant Decatur was thereupon advanced to pleasure of a personal acquaintance, who is the petitioner be a captain in the navy of the United States." It also before us, at whose instance, and for whose special bene- may be seen in the same journals, of November 19th, of fit, it would seem, this bill has been reported; but, as pub-that year, that, by a resolution of the House, the President lic legislators, we have responsible and important duties of the United States was requested to present, in the name to perform--duties solemn and sacred-the proper dis- of Congress, to Captain Stephen Decatur, a sword, and to charge of which ought to be paramount to personal pre- each of the officers and crew of the ketch Intrepid two dilections, and even to private friendships. As indivi- months' pay, as a testimony of the high sense entertained duals, it is our right, nay, it is our duty, to obey the im- by Congress of the gallantry, good conduct, service, &c.; pulses of those generous and manly feelings which enno- which resolution was adopted by the Senate. ble human nature; but when, as representatives of the dore Decatur received preferment and a sword, and two people, we are called upon to discharge our official duties months' pay was proffered to all the officers and men, here, it is incumbent upon us to act from the principles of which they declined receiving. Sir, it is out of my power uniform, consistent, and imperative justice, without re- to say why they refused to receive this additional pay; but spect to persons. This House is the legal guardian of the it forcibly strikes me that the consciousness of having public treasury, and ought not to sanction, by its vote, the performed a signal service to their country, the glory and disbursement of public money, unless authorized by the honor of the exploit, the public approbation of Congress, existing laws of the land, the precedents and usages of and the enthusiastic plaudits and gratitude of their fellowGovernment, or the principles of abstract justice, neither citizens, were by them, at the time, esteemed a sufficient of which, I think, will warrant the passage of this bill. remuneration for the peril and danger which they had enIt is conceded by the gentleman from North Carolina, countered. In volunteering in the expedition, they could [Mr. CARSON,] who reported this bill, that the case does not have had pecuniary emolument in view; they must not come within the letter of the prize act, so called, which have well known that the mere destruction of the Philaprovides that the proceeds of all ships and vessels, and delphia would not entitle them to prize money. They the goods taken on board of them, which shall be ad- were not ignorant of the peremptory orders of the comjudged good prize, shall, when of equal or superior force manding officer on the station. It was not the expectation to the vessel or vessels making the capture, be the sole of receiving money that induced them to endanger liberty property of the captors; and when of inferior force, shall and life. No, sir, higher and nobler feelings inspired their be divided equally between the United States and the bosoms. They were patriots and freemen, and a devotedmen making the capture. It will readily be perceived ness to the interests of their country inspired them with that this act contemplates the capture, bringing into port, resolution. condemnation, and sale of an enemy's vessel, and a division No evidence has been laid before us to prove that any of the proceeds of such sale among the captors, in a rat- of the officers and crew of the Intrepid were dissatified, able proportion, conformably to the subsequent sections of and looked for pecuniary compensation, until more than said act. It is apparent that the case before us is not one twenty years had elapsed; and even not until some time of the above description. The orders of Commodore Pre- after the death of the gallant Decatur. Sir, Commodore ble, the commanding officer of our squadron in the Medi- Decatur lived sixteen years after the destruction of the terranean, were peremptory, that the Philadelphia, after Philadelphia; he held a high and commanding rank in the her capture, should be burned; probably thinking that the American navy; he performed other distinguished exrisk and danger of attempting to take her out of the har-ploits; his influence as an officer was deservedly great; he bor would be too great. These orders were strictly car-served through the whole of the last war; he witnessed the ried into effect by Commodore Decatur, and, therefore, compensation made to the officers and crews of the Conit might be conclusive that for this reason alone, if no stitution, the Hornet, and of other vessels which destroyed other, the privileges of the prize act justly cannot be the enemy's ships, and who, from motives of public policy, claimed by the captors. It has been contended, hereto-existing at the time, received pecuniary compensation, fore, on this floor, and with some effect, that even if the though not coming within the prize act. But no applicafrigate had been carried in and condemned, she could not tion was made by him or the officers or crew to Congress: be considered as an enemy's vessel, in contemplation of nor was an appeal made to their munificence or generosithe act, inasmuch as she had been taken from us, and by ty. The gallant commodore, before his death, executed our vessel recaptured. I merely mention this incidentally, his last will and testament, in which no reference was made as in the case before us it seems immaterial, inasmuch as to any claim on his country. the frigate was not carried in and condemned. It has I do not contend that a legal statute of limitation does also been urged here, at different times, that had discre- exist, or ought to bar a just claim upon Government; but tion been vested in Commodore Decatur for that purpose, I do say, when an individual rests for more than twenty from the situation of the harbor and the exposure of the years without making application, unless a competent exvessel, she could not have been carried into a friendly cuse be shown, the delay is a strong presumption that no port; but, under existing circumstances, I deem it imma-intent to apply ever did exist. Sir, when I look around terial to discuss that point. Mr. Chairman, for this gallant me, and see the vast number of legal claims before Conand chivalrous act, both Commodore Decatur, and the gress, and which meritorious and necessitous citizens have brave officers and men acting under his command, receiv-pressed upon our attention for years, without receiving ed what at the time was deemed by them adequate com- justice from our hands, I am the more induced to reject pensation for their bravery and good conduct. On exa- one in every respect so questionable as this. mining the journals of Congress, it will appear that, in the But if we must appropriate the sum proposed, we ought early part of the session immediately succeeding the cap- to make the distribution of it upon fair principles, and in ture, the attention of Congress was called to it, and, by a such a manner as to do justice to all interested. I am |