FEB. 7, 1827.] So the bill was again rejected. WEDNESDAY, FEBRUARY 7, 1827. The Colonization Society. Mr. CHAMBERS presented the Memorial of the Colonization Society, stating the object of the Society, and its progress, and praying that Congress should extend to them such assistance as it may, in its wisdom, think proper. Mr. C. moved its reference to a Special Committee. The Memorial was read. [SENATE. NAYS.-Messrs. Barton, Bell, Benton, Branch, Chan-liances whatever? But when it is proposed that we dler, Chase, Cobb, Dickerson, Eaton, Findlay, Hendricks, should not only depart from these habits and principles, Holmes, Johnson, of Kentucky, Macon, Marks, McKinley, but that we should establish a Colony of rude and untu Noble, Randolph, Reed, Rowan, Ruggles, Seymour, Smith, tored People on the other side of the Atlantic, and on of South Carolina, Tazewell, White, Willey, Woodbu- the Continent of Africa, the proposition needs but to be ry.-27. stated, to make its extravagance apparent. Even this, however, is not the view of the subject which I feel disposed, at this time, to press on the consideration of the Senate. I will show, from the official documents before us, that, whether it be the object of the Colonization Society or not, the effect of their engaging the assistance of the United States at this time, in behalf of their ill-advised and ill-fated Colony, must be to engage this country in a war with the native tribes on that Continent, and to involve us in serious difficulties with other nations. It is, perhaps, not generally known, but I have the evidence of the fact now before me, that the Agents of this ColoniMr. HAYNE said he seized the very moment when this zation Society, on the coast of Africa, instead of being question was, for the first time, presented to the Senate, employed in peaceful pursuits, are engaged in warlike to enter his protest against the right of the Federal Go-enterprises; that the Colony has been organized into Milivernment to appropriate the money of the People for the tary corps; and that, under their gallant leader, the Revepurpose of establishing Colonies abroad, or of transport-rend Dr. Ashman, they have made war upon the Spaniards ing, at the public expense, any portion of the inhabitants of this country to the coast of Africa, or elsewhere. At the very threshold, he denied the constitutional power of the Government so to act; and if they had the power, he should still deny the policy, justice, and humanity, of such proceeding. The petition of the Colonization Society, which had been just read, calls upon this House to do two things, neither of which could be done, without an entire departure from the fundamental principles and settled policy of this country. They propose 1st. That the United States shall appropriate money to transport to the coast of Africa free persons of color, "and such others as the humanity of individuals and the "laws of the United States may hereafter liberate." And, 2d. That the United States should take into their own hands, and under their own government and protection, the Colony which this Society has established on the coast of Africa. and the French, as well as on the natives; that they have, with force and arms, invaded and broken up several establishments, have made numerous captives, and, in short, are proceeding, as all such Colonies always will proceed, with a high hand, to extend their influence and power by the sword. In proof of these assertions, I beg leave to turn the attention of the Senate to the documents transmitted to Congress by the Navy Department, during the present session. In these documents will be found a correspondence between Dr. Ashmun, the Agent of the Colonization Society, (and Superintendent of their Colony at Monrovia,) and the Secretary of the Navy, from which I will now read a few passages. In a letter from Dr. Ashmun to ths Secretary of the Navy, dated Cape Mesurado, Oct. 14, 1825, he states, in substance, that the Spanish schooner Clarida, owned by several merchants of Havana, and regularly documented, had arrived in Liberia Bay, in July, for the purpose of obtaining slaves to be delivered at a town to the Northward, belonging to a man named Yeltol"-that an English brig, the Tom Cod, also arrived in October, and the Spanish schooner having lost her anchor, her crew went on board of the English brig, and forcibly took away an anchor and other articles; in consequence of which unlawful acts, he (Dr. Ashmun) having received the testimony of six individuals, determined to capture the Spanish vessel, and obtained of Captain Potter, (the English Captain,) the use of his brig for that purpose. Dr. Ashmun then proceeds to give the following account of the expedition: With regard to the first object, [said Mr. H.] I submit that it not only relates to a subject with which the Fede-low Will, and “subject to the jurisdiction of King Brisral Government can have nothing to do, but which it will be extremely dangerous for them to meddle with. It is not for me to admonish this House of the impolicy, injustice, and danger, of touching a subject with which the feelings and interests of a large portion of the Union are so closely connected. On this topic, however, (on which I always touch with extreme reluctance,) I should not now enlarge. I must be permitted to say, however, that, of all the extravagant schemes that have yet been devised in this country, I know of none more wild, impracticable, or mischievous, than this of Colonization, and should a fair occasion ever present itself I shall make good this assertion. Avoiding, however, that unpleasant topic, I will bring the attention of the Senate to the great political question presented by this petition-that of establishing Colonies abroad; and I will ask the Senate if a question of graver character, or of greater magnitude, could possibly be submitted to their consideration? And I will put it to them to say, whether they are now prepared even to entertain such a question? I do not know to what part of the history of the world we are to look for arguments in favor of the Colonial system. Colonies, we had been taught by the experience of other countries, and espe❘ cally of England, had been, at all times, the fruitful sources of wars, of injustice, and of oppression. They were a curse, not only to the Colonies themselves, but also to the Mother country. If, then, the Colonial policy had been fatal to other nations, what argument could possibly be urged in favor of its adoption, at this time, by us, whose habits, institutions, and fundamental principles, oppose an almost insuperable bar to all foreign connexions and al VOL. III-20 "The military of this colony is organized into a corps of Independent Infantry, consisting of thirty-six young men, and a corps of Artillerists, consisting of forty-eight. From the former I made a requisition of twenty-five men, to act under Capt. James C. Barbour, their commander, and their other officers. Twenty-two Artillerists, under Capt. F. James, the commanding officer of their corps, at my request, volunteered to attend me on board the Tom Cod. I then gave Captain Barbour written instructions to proceed the same evening with his force, taking two days' provisions, to the mouth of the St. Paul's; sending one division by the Stockton, in boats, and conducting the other along the beach, encamp at the place of rendezvous till daylight on the eighth, and then advance by the beach upon Digby, awaiting further orders, which I was to send him from the brig. But, should the brig, by any accident, fall into the hands of the pirates, or pursue her out to sea, he was to seize upon the factory at Yellow Will's, and make the best of his way back with the prisoners, slaves, and property, captured in it. In this young officer's prudence and intrepidity, and in the exact discipline and firm SENATE.] The Colonization Society. [FEB. 7, 1827. pense, as per the same statement, the residue, amounting to ninety-one dollars and fifty cents, was equally divided between the captors and the United States. A quantity of spars, belonging to the Schooner, found at Will's place, were burnt, and the rice collected at the factory, which could not be conveniently brought off, was distributed among the natives." Thus ends the bulletin of the first expedition of the Rev. Dr. Ashmun, which resulted, as we have seen, in the invasion of the territory of King Bristol, the forcible possession of Yellow Will's town for forty-eight hours; the capture of five Spaniards, and all the slaves and property belonging to their factory; the destruction of a quantity of spars belonging to the schooner, and of the rice collected at the factory, without any other object, except to punish a Spanish vessel, and to prevent her from carrying on a trade sanctioned by the laws of Spain. tion against that place, which he entered in the night, and the next morning took six prisoners. This bulletin concludes in the following triumphant style: ness of his men, I knew I could entirely confide. With the twenty-two volunteers under Capt. James, I went on board the Tom Cod at 4 o'clock, taking along two carriage guns, and a suitable provision of ammunition, belonging to the agency. Of these brave fellows, eight had, on two former occasions, fought at my side for nearly three hours, in our bloody conflicts with the natives; and I knew they would all follow wherever it might be necessary for me to lead them. Their number was greater than the crew of the Spaniard by six men, and our weight of metal considera bly superior; so that there is little doubt, had we fallen in with the pirate, that she must have been taken. But it was not our lot to engage him. During the night I had brought the brig to the windward of Digby, upon which we bore down, under the American flag, at daylight on the morning of the eighth, ready for action. The morning was thick, and it was not until after half past one o'clock that I was able to ascertain the absence of the ClaThe next military expedition is related in Dr. Ashmun's rida; whom, I afterwards learned, had not communicated letter to the Secretary of the Navy, dated Cape Mesurado, with the shore, nor been seen from Digby, since the rob- October 25th, 1826, in which he states, in substance, that, bery of the brig. Captain Barbour's division having now having received information that certain slaves, destined arrived, I landed with five men, through the surf, order for the Spanish schooner, were secreted at a French fac ing the brig to lie off and on, till she should receive a sig-tory, on the St. Paul's, he undertook a military expedi. nal to return to Mesurado; and, at a few minutes past nine, entered Yellow Will's town; but found the factory abandoned, and the slaves and nearly all the property gone. I soon learned that the whole had been conveyed "The whole party returning, arrived at Monrovia in across Poor river, a broad and deep stream, which has its safety, after a most fatiguing expedition of twenty-five course parallel with this part of the coast, and at only two hours; in which all, except myself and a guard of seven miles distance from it. Messengers were immediately des- men only, including the boatmen, had, without sleep, perpatched to King Bristol and Will, conveying my friendly formed a forced march of thirty-five miles, through a pathassurances; but insisting on the immediate delivery of the less country, of which one-half was traversed in the depth Spaniards, and all the slaves and property belonging to of night, and the other under the full power of an African the factory, into my hands. In reply, I was openly in- sun. It gives me pleasure to add, that such a cheerful formed, that both refused to comply with the demand, but zeal in the cause of African emancipation animates this assured secretly, by one of the head men, that the King little corps, that not a murmur of impatience was, during was willing to see me seize upon the concern, provided the whole time, heard in the ranks. So inured are the the business could be so managed as to save the appear- men to the climate of their adopted country, that not an ance of treachery to their customers, on the part of him- individual has suffered in his health from the extreme exself and his People. I perceived the force and intention posure and fatigue of the expedition; and, in such handof this hint at once, and took my ineasures accordingly. some military style was the affair conducted, that the very After a personal interview with Bristol and Will, I return-inhabitants of the country through which the route of the ed, and, with twelve men, crossing the Poor river in a party lay, were scarcely apprised of the movement, besmall canoe, which could carry but four men at a time, fore its termination, in the return of the People to their soon obtained possession of the Spaniards, at a town sit-homes." uated a short distance from that in which the wreck of the factory was concealed. In the meantime, I had perfectly informed myself of the exact state of the concern at that time. Two of the four Spaniards left ashore were ill. Goods of the value of ninety slaves had been already advanced to the country dealers, on which only fourteen had yet been received at the factory. Goods equal in value to about six hundred dollars only, remained in the factory on the morning of the eighth, when, in the confusion caused by the alarm at daylight, nearly the whole had fallen into the hands of the country People; who, under the color of assisting the Spaniards to secure their goods, had carried them off. But the fourteen slaves had been preserved. None of the four Spaniards now in my custody were on board the Clarida at the time of her committing the piracy on the fifth, nor had communicated with her since that act, and there was not even presumptive proof that the character of the vessel was piratical, by the laws of Spain, previous to the perpetration of the robbery of that date. The slaves and all the property remaining, were surrendered into my hands by the mate, Zugaste, at three o'clock, on the ninth, and the four Spaniards discharged from custody, on the grounds just stated. A part of the goods, as per the accompanying statement, amounting to forty-three dollars, was restored to the mate, for the purpose of subsisting himself and his companions, till an opportunity should offer to take passage for some other part of the world. After several other deductions for ex It has been said of certain animals, that, when they have once tasted of blood, they will be satisfied with no other. food. And thus it was with the reverend and gallant leader of the Colony of Monrovia. His appetite once whetted, with what he calls "his bloody conflicts of nearly three hours with the natives," and his " zeal once excited in the cause of African emancipation," he appears restless and dissatisfied when not engaged in martial enterprises. The Bulletin of the next expedition, is dated Cape Mesurado, Dec. 8, 1825, and relates the particulars of the capture and destruction of a French Slave Factory, on the St. Paul's, five miles (direct distance) from the Cape. The occasion of this expedition is stated to be that "five of the men liberated at Digby, impelled by an innate love of country, had absented from the establishment,"-and it seems, had been taken up and detained at this French Factory. As the letter is short, I will read the whole of it. "U. S. AGENCY FOR RECAPTURED AFRICANS, "Cape Mesurado, Dec. 8th, 1825. "SIR: I have the honor to state that another unforeseen occurrence has placed at my disposal the large additional number of ninety-nine Africans, whom I caused to be released from their irons this morning at eight o'clock; and whom I judge to be proper objects of the beneficent provision made by the Government of the United States for persons liberated from illegal bondage, under the laws FEB. 7, 1827.] The Colonization Society. [SENATE. A little further on, he adds: “But at present it would "be the height of imprudence to suffer them to want the "constant guardianship of their superintendents. Seve"ral have already been driven, by their fears, to attempt, "and a few have, it is thought, effected their escape,' &c. &c. In Dr. Ashmun's letter of 11th December, 1825, he states, "that the French Factors, whose establishment "at St. Paul's was br ken up, have announced their in "tention to appeal to their Government for redress." for suppressing the Slave Trade. On the fourth of No- had contracted for as many as should be delivered to him, vember, four of the men liberated at Digby on the ninth at ten dollars per head, which sum he considers himself of the preceding month, impelled by that innate love of entitled to receive from the United States, together with country, which none of the vicissitudes of life can extin-a bounty of fifty dollars for each of them. In his letter guish in the human bosom, deserted from the establish- of 22d January, 1826, he states that the number of slaves ment, passed the Mesurado river, and disappeared in the captured in three expeditions, were 130. "They have boundless woody region which extends to an unknown dis- nearly completed," says he, "a village, &c. Every in tance in the interior. Knowing that if not speedily brought | “dividual of their number is in perfect health, and, as an back, they must inevitably terminate their desperate en-"assemblage of rude and ignorant People, gathered out terprise in hopeless slavery, I had recourse, without de."of nearly twenty different tribes, pursue their labor lay, to every means for their recovery which promised to " with a good deal of spirit, union, and success." succeed, but to no purpose. Intelligence of their desertion, with the offer of reward for their restoration, was immediately conveyed to the different tribes in friendly correspondence with the settlement, but no information was had of the fugitives before the fifth instant, when I received, from a source entitled to credit, intelligence that three of their number had been reduced to slavery and loaded with chains at the French Slave Factory, on the St. Paul's, five miles (direct distance) from the Cape. On the morning of the sixth, I despatched three men to demand the deserters in the name of the United States; and to in- Now, from these documents, Mr. President, it is maniquire by what means they had fallen into the hands of the fest that the Colony at Monrovia, under Dr. Ashmun, Factors. The demand was evasively replied to, but, in have made war upon the Spaniards, the French, and the answer to the inquiry, It was stated that two Frenchmen, natives-and it is absolutely certain, that a perseverance agents resident at the Factory, had bought them. I then in such a course of conduct, must inevitably lead to the deinstructed the messengers charged with the order, to re-struction of the Colony, unless the strong arm of the peat it; they did so, but with no other effect than to draw United States shall be interposed to rescue them from from the two factors a written declaration of their purpose the natural consequences of their rashness and folly. It to detain the people indefinitely. Finding the recovery is expressly declared by Dr. Ashmun, that "he has in of the men by mere rational methods too doubtful to jus-"view the introduction of a measure, on the part of the tify any further delay, which, as a French schooner was "United States, for which he believes the time has arlying near, ready to receive slaves, might subject them to be transported in a very few hours forever beyond the reach of the Government of the United States, and obliged to regard the ground taken by the Factory as that of virtual defiance, which justified, from a growing concern, founded in avarice and iniquity, the apprehension of eventual consequences fatal to the benevolent objects of this Agency, I had no hesitation in resolving upon the unpleasant duty of forcibly subverting the establishment altogether. Captain James C. Barbour, of the Infantry, with eighteenmen, was accordingly charged, last night at nine o'clock, with the accomplishment of this service. Two boats were provided, in which this little force embarked at two o'clock this morning. Ascending the Stock-perintendents."" ton, they arrived on the St. Paul's at day break; twenty Let it not be said, sir, that the Colonization Society are minutes afterwards the men were landed at the Factory. not justly chargeable with these unwarrantable proceed. In ten minutes the slaves, to the number of forty-three ings on the part of their Agent. They have sanctioned, men, thirteen women, and forty-three children, of both and approved of them. It is true, sir, (and I am sorry to sexes, (in all ninety-nine,) were in the custody of the of be obliged to say so) that Dr. Ashmun is also the Agent ficer, and in full march along the beach for Monrovia. of the United States, under the act of 3d March, 1819, The boats received the invalids and feeblest of the chil- for transporting captured Africans from the United States dren, and stood along shore at musket shot distance a- to their own country-an act which never authorized the breast of the party advancing by land. The whole ar- slightest connexion with any Colony in Africa, but which, rived safely at Monrovia, at eight o'clock the same morn-most unwarrantably, has been so used. Of Dr. Ashmun's ing, just six hours after the setting out of the party, and conduct, however, our Government has formally disapeleven only after the first intimation given to the officer proved. The Secretary of the Navy, in his letter of 10th who so handsomely conducted it, that its services would August, 1826, written for the purpose of being commube required of these People, ninety-seven are in per-nicated to Dr. Ashmun, says: fect health, two only in a feeble condition, caused apparently by rigorous treatment. Respectfully, &c. J. ASHMUN. "P. S. In the number of persons rescued are included the three deserters. The Hon. SAMUEL L. SOUTHARD, "rived, and of which the object shall be entirely to abol"ish the slave trade, with the concurrence of the native "authorities along a given line of coast, contiguous to the "agency" and his proceedings are doubtless intended to prepare the way for "that measure." The prisoners taken and put to labor under "superintendents" (or, as we should call them, overscers, are, doubtless, found to be very convenient helps in a Colony so much in want of physical strength, and productive labor. No doubt they are treated as kindly as such "a rude and ignorant People" ought to be; but so little gratitude have they to "their deliverers," that they are only prevented from "effecting their escape," by the "constant guardianship of their su “Should it appear, hereafter, that some of the re-captured Africans have been taken to Trade Town, confined, and were about to be sold again into slavery, and that Mr. Ashmun went no farther than was found necessary to rescue them, his conduct, as the Agent of the Government, will not be condemned. So far as he has acted for the Colonization Society, in re-capturing the Colonists, he will Secretary U. S. Navy, Washington City, U.S." look to that Society, both to explain his conduct, and to Before I leave these letters, I must briefly notice one or be justified or condemned by it. The same remark is two other points. Dr. Ashmun states, in his letter of applicable to the previous expeditions. So far as he act28th October, 1825, that he regarded himself as undoubted as the Agent of the Society, the Government does not edly possessed of the right "to control the purchase" of mean to interfere with his responsibility to it. But the the eighty slaves destined for the Clarida, and that he President thinks it necessary to disapprove of his conduct SENATE.] The Colonization Society. [FEB. 7, 1827. signed: and, on examination, it was found that no signature was attached to it. assume it, he did not see how the Senate could act upon it, as it was not possible to determine whence it came, not being signed. Mr. CHAMBERS was not disposed to assume the memorial as his own; still, he considered that, as it was entitled the Memorial of the Colonization Society, and that Society being well known, he thought it sufficiently plain whence the document came. In answer to the gentleman from Alabama, Mr. C. could give assurance, that this actually was the memorial of the Colonization Society. Mr. BERRIEN said, the objections extended a little further. It was the petition of a body of persons who had really no legal existence. If it had been the petition of an individual, and the member presenting it could verify his handwriting; or, if the individuals forming that Society had placed their names to this memorial, the Senate might act upon it. But the petition of no body, without a legal existence, could be sustained before the Senate. in those expeditions, so far as he has any connexion with the Government. As Agent of the United States, for a specified object, he had no justifiable cause to break up Mr. KING said, he believed it was a rule of the Senate, establishments supposed to belong to the owners of the that a member must present a memorial or petition as his Clarida, or any other persons, and to take the People own, or it must be signed by the petitioner or memorial. found there to the Agency, to be maintained at the pub-ist. Therefore, if the gentleman from Maryland did not lic expense. Our Government, in establishing the Agency, had one object, only, in view-to provide a place to which Africans, illegally brought into the United States, or lawfully captured by our cruisers upon the ocean, might be carried, and taken care of, until they could, with propriety, be restored to their own country, tribe, or nation. It has not intended to authorize, nor has it authorized, a forcible and warlike attack upon the citizens or subjects of any nation, with a view to suppress the Slave Trade, or to accomplish any other object, no matter how desirable, to advance the cause of humanity. You will, therefore, furnish to Mr. Ashmun a copy of this letter, that he may see the light in which his conduct is viewed by the Government. He has made a claim for the bounty allowed by the third and fourth sections of the act of 3d March, 1819; but it cannot be granted. The case of Africans liberated from their captors on the shores of Africa, does not come within the provisions of that act. It is understood, from his several letters, that about 170 Africans were liberated, in his various expedi tions, and brought to the Agency, and are now on expense there. The accounts for their support to this time, will perhaps be paid; but they must cease to be a charge to the Government, and restored to their tribes as speedily as possible, or supported in some other mode. The fund devoted to this object is now much reduced, and, unless increased by Congress, will not bear a continuance of the burden. Should captures be made during the year, recourse must be had to another appropriation, to enable the Department to comply with the law. For the same reason, the reward of ten dollars, offered by him for each negro delivered, is not approved. It was not prudent, nor authorized by his instructions from the Government." I will not stop to comment on the nice distinction here taken, which adopts for the Government all the lawful acts of Dr. Ashmun, and throws all the rest on the Colonization Society. But, I must remark, that the Society seems very willing to take all these on themselves: for, at the celebrated meeting, at which this very petition had its birth, the thanks of the Society were unanimously given to Dr. Ashmun, for the "faithfulness, zeal, and "ability, with which he has fulfilled his duties as Agent of "the Society" and that, too, with a full knowledge of all the facts which I have noticed. Mr. CHAMBERS answered the objections of the gentleman from Georgia. He thought that no rule of the Senate ought to exclude any citizen, or body of citizens, from presenting their wishes to the Senate, unless that rule was exerted for some useful purpose. The rule was made to preserve the Senate from deception, and to guard against entertaining petitions from fictitious applicants. But it was sufficient if the petition was vouched for, and the style in which it was worded was unexceptionable. Mr. SMITH, of South Carolina, in commenting on the memorial, observed, that it was before the Senate without any solid form. It was a mere name, and no person was designated by it, to whom an appropriation might be given, should Congress see fit to make it. It was the duty of Congress to know who to refer to, and who was responsible: but as, in this matter, no one was known, and as privileges or donations could not be granted to a mere name, he thought the Senate could not act upon the memorial. In continuance, he gave a slight glance at the history of the origin and the progress of the Society, and alluded to the proceedings at the late meeting in the Representatives' Hall, at which, he remarked, it had been stated that the object of the Society was, to transport, annually, to Africa, 6,000 free blacks, which, it was said, would cost 1,040,000 dollars; and this was to be given, although, but a few days since, they could hardly afford to reduce a few hundred thousand dollars on the Salt tax. But he saw another object in all this, which must be connected with the colonization of the free blacks, and which he did not wish to touch upon. The free blacks, he thought, would be better where they were, than to send them to Africa, and he was opposed to the scheme. There was more designed by this application, than appeared on the face of it. It was an entering wedge, which he should oppose. He, therefore, moved that the me And now the question arises, is it proper for the Senate even to refer to a Committee, or to entertain, for a moment, this petition, embracing objects so important and so questionable, and coming here at a period, and under circumstances, which forbid a calm and deliberate examination of the subject? For my own part, I confess the claims set up in the petition are such, that I should at no time be willing even to consider them. The mere state. ment of them is enough for me. But, if gentlemen think otherwise-if they should think that the proposition of applying the national funds to transporting colored peo-morial be laid on the table. ple abroad, and the establishment of a Colony in Africa, is worthy of consideration, still I would submit, that they ought not to be received and considered at this time. The session has nearly passed away-but two weeks more re main. This subject cannot be finally acted on. And why, therefore, should we embarrass ourselves, create needless excitement, and waste the precious time of this House, on an odious and most unprofitable subject? I hope, sir, the petition will be laid on the table, and I shall make you that motion as soon as gentlemen, who may desire to explain their views, shall have been heard. Mr. CHANDLER inquired by whom the memorial was The CHAIR then observed, that it would refer the Senate to a rule by which discussion was prohibited on a question to be decided by the Chair. It ought to have been mentioned before. The decision of the Chair was, that no petition could be acted upon unless signed, or written in the presence of the member, or unless the handwriting was averred by the member presenting it. Such was the rule in Jefferson's Manual. Mr. CHAMBERS said he could not take it upon himself to aver it; and (after some further conversation on the subject,) The papers were, for the present, withdrawn. The bill further to amend the act establishing the Judiciary of the United States, passed in 1789, was read a third time. [SENATE. ner; whether the United States shall take the money, Mr. ROWAN said, that he understood this bill was to give the Government power to become assignees, in certain cases, and to commence certain suits. He thought United States the parties in a petty stock operation The Mr. SMITH, of Maryland, had no idea of making the the jurisdiction of the United States was sufficiently large bill was to give the claimants power to come to the Treaat present. Why, then, should it be enlarged? It was, sury and claim their dividends, and four per cent. upon to be sure, a small matter, but it extended the jurisdiction them. Why was the Government to be involved in this of the United States, and, he thought, placed Govern- trouble? It was never done to mercantile claimants, who ment in an inappropriate posture-that of an assignee, or trafficker in small matters; giving a power which ap-vernment did not want to take this money as a loan; why, never received the interest on their claims. The Gopeared to him inexpedient to be given, and extending; then, was this provision made, and why was it proposed unnecessarily, the power of the Courts of the United to make a very difficult matter of one that was clear in strike out the last section of the bill. itself? To remove this difficulty, he would move to States. Mr. BERRIEN, as the gentleman from the Judiciary Committee who reported that bill (Mr. HOLMES) was not present, moved to lay the bill on the table; which was carried. CLAIMS FOR SLAVES. On motion of Mr. BERRIEN, the bill to provide for the settlement of claims under the first article of the Treaty of Ghent, was taken up, and having been read a second time, its objects and details were briefly explained by Mr. BERRIAN. the money, it would be perfectly proper to retain it in Mr. SILSBEE thought, if the United States wanted the Treasury, and pay an interest on it of four per cent. ; but, should the Secretary of the Treasury invest the money in stock, and, when called for, that stock should be at a discount, would it not be productive of much difficulty and discontent? Some conversation took place between Messrs. SAN-bill. FORD and BERRIEN, on the details of the bill, when an amendment offered by Mr. B., to fix the limits of the term of the commission to the close of the next session of Congress, was adopted. Mr. CHANDLER inquired what was the object of the provision in the 10th section, in relation to the investment of the fund in four per cent. stock. Mr. HOLMES observed that, as it would be a considerable period before the sum would be paid to the claimants, it was considered desirous that the money should not lie unproductive. Mr. BERRIEN said that the gentleman who made the motion was mistaken. He had probably not read the He seemed to suppose that the bill enforced upon' the United States the alternative of either taking the money, and giving four per cent. interest, or of investing it in four per cent. stock. But it was not so. On the contrary, it left to the Secretary of the Treasury the choice of doing the one or the other, or neither, as he should see fit. Did the United States want the money? Then take it, and pay the four per cent. If they did not want it, then invest it in some stock that shall yield four per cent., and let the claimants have the benefit of it. The only object of this provision was, to make, if possible, some exertion of the powers of Congress for the benefit of these claimants, and, if possible, to the advantage of the United States. Why should the discretionary power be taken from the bill in which it was inserted Mr. KING objected to the power given to the Secreta- for the benefit of the claimants, who had been long enough ry of the Treasury, to invest the money in stock, as, deprived of their property, and ought to be given every when the claimants came and demanded their respective advantage possible? He would repeat, that it was not amounts, where would the money be? It would be in- obligatory upon the United States to follow either of the vested: and would they be satisfied to receive stock? The courses pointed out. When the last section of this bill stock might at that time be depreciated; and, if they took was framed, he [Mr. B.] was desirous to ensure thislittle it, instead of being gainers, they might lose by the invest-boon to the claimants, in addition to the share they would ment. He was fearful that the money of the claimants receive on the division of the fund allotted for their paywould be swallowed up by the complicated means of ment. If the Senate approved of it, he should be transacting the business. He should prefer the simple gratified. process to all this machinery; and he was afraid that three Commissioners, with salaries of three thousand dollars, and a Secretary and Clerk, would rather impede than advance the interests of the claimants. Mr. CHAMBERS observed that the benefit would be derived by the claimants, who would receive their claims with interest. Mr. HOLMES said he had objected, like the gentleman from Alabama, to the Board of Commissioners. But that gentleman proposed no other method; and how then should they come at any improved mode? The money must be distributed, and it was necessary that some body should be charged with that duty. The claimants themselves could not do it; and it was plain that somebody must be appointed. It had been proposed in the committee, to appoint but one Commissioner; but the question arose, whether the claimants would be satisfied with the decisions of one Commissioner; it was thought that they would not, and it was deemed better to appoint three, to serve for two years. It was now pretty well ascertained that the duties of the Commission would last about two years; and the question is, whether the money due these claimants, and now in the Bank of the United States,, shall lie idle, or shall be employed in a productive man Mr. SMITH, of South Carolina, thought the 10th section ought to be stricken out. The United States did not want to loan the money: part of it had been already paid, and he had understood that the United States had commuted with the United States' Bank for eleven per cent. Why should this be? Why not let the Commissioners give the interest and profit on this sum, due the claimants, to them? Why should not the Commissioners give to each claimant a draft on each Branch Bank of the State in which he resides, for the principal and interest in full, from the time the money was placed in the hands of the United States? The gentleman from Georgia had stated that the provision was not imperative; and that the course to be taken was discretionary. But, he believed, that, if the provision was retained, the claimants would receive their shares in stock, and whether it was depreciated or not, was a chance which they would risk. Some immediate application ought to be made, as the claimants had lain out of their money ten years, and it seemed to him high time they should receive their money. Mr. JOHNSTON, of Louisiana, commented at some |