GALES & SEATON'S Register of Debates in Congress. KINETEENTH CONGRESS.....SECOND SESSION: SENATE.] First Proceedings in the Senate.-Honors to the Dead.-Bankrupt System. DEBATES IN THE SENATE. MONDAY, DECEMBER 4, 1826. [DEC. 4-6, 1826. courteous and conciliating, that he gained the esteem of all his associates. As a mark of the respect which the Senate entertain for his character and memory, I beg Icave to submit the following resolution : The Hon. Joux C. CALHOUN, Vice President of the United States, took the Chair at 12 o'clock, and the roll sire of showing every mark of respect due to the memory Resolved, That the members of the Senate, from a debeing called over by the Secretary, (WALTER LOWRIE, of the Honorable JOSEPH MILVAINE, deceased, late a Esq. it appeared that thirty-eight members were pre-senator from the State of New Jersey, will go into mourn ing for him one month, by the usual mode of wearing crape round the left arm. sent. The usual message was communicated to the House of Representatives, of being formed, &c. and the usual standing orders agreed to. HONORS TO THE DEAD. Mr. CLAYTON rose, and addressed the Sonate as follows: In consequence of the lamented death of my late colleague, Mr. VAN DYKE, during the last session of the Senate, but at a period so late that intelligence of the event did not arrive here before the termination of the session, I now take occasion to propose the usual resolution testifying the respect of the Senate for the memory of the deceased, and their regret for his death. His amiable temper and gentlemanly deportment-his talents and high standing in this body, were too well known to all the members to need any eulogy from me. As he was known to them all, so must his memory be respected and his death lamented; and, therefore, I propose the following resolution : Resolved, That the members of the Senate, from a desire of showing every mark of respect due to the memory of the Hon. NICHOLAS VAN DYKE, deceased, late a Sena-. tor from the State of Delaware, will go into mourning for im one month, by the usual mode of wearing crape round the left arm. The resolution was unanimously agreed to. TUBSDAY, DECEMBER 5, 1826. Mr. SMITH, from the Joint Committee appointed to wait on the President of the United States, and "inform "him that quorums of the two Houses have assembled, "and that Congress are ready to receive any communica"tions he may be pleased to make," reported, that the committee had performed the duties of their appointment, and that the President of the United States answered that he would make a communication, in writing, to the two Houses of Congress, this day, at twelve o'clock. Soon after which, the private Secretary of the President, (Mr. J. ADAMS,) came in, and delivered the Mes sage, [which will be found in the Appendix.} The Message was read; and, on motion of Mr. HOLMES, Ordered, That three thousand copies of the said message, and fifteen hundred copies of the documents accont panying it, be printed for the use of the Senate. WEDNESDAY, DECEMBER 6, 1826. The resolution was agreed to, nem. con. Mr. HAYNE rose, pursuant to notice, to introduce “A Mr. DICKERSON then rose, and said, "bill to establish a uniform system of bankruptcy throughMr. PRESIDENT: The melancholy duty devolves upon out the United States." An apology might, perhaps, me, of announcing to the Senate the death of my late col- be considered as due to the Senate for introducing a subleague, the Hon. JOSEPH MILVAINE. Mr. M'ILVAINE ject of so much importance to their consideration, at an was selected, by the Legislature of New Jersey, to re-carlier period of the session than is usually devoted to any present the State in this body, from a knowledge of his serious business. The relation, said Mr. H. in which I learning, talents, and integrity. Unfortunately, during stand to this question, and the deep and growing interest the whole time of his being associated with us, he was the it has excited in the public mind, will, I trust, be deemed victim of a painful disease, which terminated only with a sufficient excuse for my not permitting a moment to be his life. Notwithstanding, he assiduously performed all lost in bringing it again to the view of the Senate. When, the duties of his station, as far as the debilitated state of at the conclusion of the last session, I found myself rehis health would permit; and, in all his intercourse with luctantly compelled to acquiesce in the necessity of its the Senate, his deportment was of a character so postponement, in consequence of its being found impos VOL. III.-2 sible to obtain a final decision on the question at that time; in moving to lay it on the table (by direction of the com mittee of which I was the organ,) I accompanied that motion by the pledge that I would call it up at an early period of the present session. That pledge I now rise to redeem. The bill which I now propose to introduce, is the same that was reported at the last session, and which then underwent a discussion sufficient to make the Senate acquainted with its essential principles and leading pro visions. In introducing this bill, I do not intend to adopt it as my own, nor to give my approbation to all of its provisions. There are several particulars, in which, in my own opinion, it may be improved. Indeed, I hold in my hand several amendments, which, at a proper time, I intend to offer. My object now is merely to bring up the subject for investigation, in the mode which will occasion the least possible delay. To accomplish this, it has ap peared to me, and to the friends with whom I am acting, most advisable to call up the bill reported at the last session, and to refer it to a committee, who, taking into consideration all the amendments that have been, or may be, suggested, may report a system as free from objection as possible. [DEC. 7-12, 1826 The question being then taken on the resolution of Mi CHAMBERS, it was decided in the affirmative, by yea and nays, as follows: YEAS-Messrs. Bateman, Bell, Bouligny, Chambers NAYS-Messrs. Barton, Benton, Berrien, Branch MONDAY, DECEMBER 11, 1826. The Senate proceeded to ballot for committees, according to the rule established at the last session, and amended at this. The chairman of each committee was separately ballotted for, and then the other members of each committee collectively. In no case was a second balloting necessary TUESDAY, DECEMBER 12, 1826. IMPRISONMENT FOR DEBT. In conclusion, said Mr. H. I will only further remark, that the friends of this measure cherish the hope that eve- Mr. JOHNSON, of Kentucky, rose, and said, that he ry facility will be afforded by the kind indulgence of the had given notice a few days since that he would ask leave Senate in bringing it to an early and final decision. It is to introduce a bill for the abolition of Imprisonment for believed that hardly any question now pending before Debt He hoped, in now fulfilling his engagement, it Congress has excited deeper interest in the public mind. would not be considered an intrusion, if he delayed the In almost every commercial city of the Union the subject Senate with a few brief introductory remarks. If he had has been taken up, in a spirit which manifests how deeply entertained a single doubt as to the claim of the subject the feelings and interests of the commercial community to attention, either as regarded principle or expediency, are deemed to be involved in it; while the unfavorable he should not have been so confident, or so persevering, opinions which have existed in relation to it, in other por- in pressing this measure upon the Senate. The subject tions of the Union, have been gradually wearing away, had already been agitated, and met the approbation of a until the public mind seems to be every where prepared majority of the body. But, on a former occasion, time for the judicious exercise by Congress of the power exwas not afforded for a final decision. Imprisonment for pressly vested in them by the Constitution, "of establish- debt had no advocates among the generous and enlight"ing uniform laws on the subject of bankruptcies through-ened portions of our citizens: it had no advocates among "out the United States." Believing, as I sincerely do, that the exercise of this power in a just, though kindly spirit, looking with an equal eye to the security of creditors and the relief of honest and unfortunate debtors, will be of vast importance to the character and permanent interests of this country, I now ask leave to introduce this bill, for that purpose; and shall, at the proper time, move to refer it to a select committee. Leave having been given, the bill was accordingly introduced, and read a first time. THURSDAY, DECEMBER 7, 1826. The bill to establish an uniform system of bankruptcy throughout the United States, was read the second time, and, on motion of Mr. HAYNE, was referred to a select committee of seven members. FRIDAY, DECEMBER 8, 1826. The following motion, by Mr. CHAMBERS, was tak en up: "Resolved, That, in the appointment of the standing committees, the Senate will proceed by severally appointing the Chairman of cach committee, and then by one ballot for the other members necessary to complete the same; and a majority of the whole number of votes given shall be necessary to the choice of chairman." A short discussion took place on the expediency of the mode proposed by the resolution, in which the mover and Messrs. JOHNSON, of Kentucky, BENTON, MACON, VAN BUREN, and HOLMES, took part. the generous or benevolent classes of mankind, in any country. Nor had it been considered, by such men, other than a barbarous custom, since the days of Greece and Rome, when a debtor and his whole family were sold into slavery, for the satisfaction of a debt which it was out of his power to discharge. To Mr. J. imprisonment for debt seemed as horrible as the Spanish Inquisition: they were both unjustifiable before God and man; nor was the Inquisition more disgraceful to the Spanish Government, than was the barbarous custom of imprisoning harmless debtors in this free and enlightened country. He believed imprisonment for debt had caused as many sighs and tears from the wretched sufferers under its inflictions, as the Inquisition-that mighty instrument of the baseness and power of tyranny; and nothing but deep-rooted prejudice in the minds of the People had perpetuated it in enlightened and liberal Governments. It had been his unhappy lot to see a free man, who had fought for his country-a man who was not meant by nature for a slave, but who was born to the possession of the liberty which he loved-walking, dejected, through the public street, a prisoner, attended by a petty officer, because he had forfeited his bond, and was unable to meet an obligation made with honest intentions. By some, it might be supposed that it was not in the power of Congress to change this system but it would not be sufficient for him to go home to his constituents, who had ennobled themselves by entirely abolishing imprisonment for debt, and say that there were insuperable difficulties to obstruct the passage of this bill; that, great as the evil confessedly was, there was no remedy within the reach of Congress. This would not be satisfactory: for he had never read in any newspaper, and had never heard from any politician, or even from a stump orator, one sentence, so far denying the inherent freedom of man, as in any manner to advocate imprisonment for debt. In the picture of London, Mr. J. said, which had lately accidentally fallen into his hands, he had read a description of a monument erected in honor of the benevolent Howard. Why was a monument built to his memory What had be done to merit such distinction? He visited and cheered the prisons of the unfortunate; he alleviated the distresses of individuals torn from their friends by the merciless provisions of the law. And such a monument would never have perpetuated his memory, had not imprisonment for debt been acknowledged as a violation of the principles of humanity. Should it not, then, if such conduct was applauded in the subject of a monarchy, be approved and imitated by a free and generous People? Mr. J. said, he did not intend to go at length into the subject at present; and he relied on his venerable friend from North Carolina, (Mr. Macox] and other of his fellowSenators, whose opinions corresponded with his own, to support and assist him in hereafter discussing the merits of this bill. He should close with a few more remarks. He looked upon imprisonment for debt to be equally a violation of the Declaration of Independence and of the Constitution, as would be the erection of an established religion. It equally violated the principles for which our fathers shed their best blood. It violated the rights of man, as defined by the charter of our liberties, by chaining him in solitude, and debarring him from the use of his locomotive powers; and he asserted that this system of imprisonment had its origin in judicial usurpation. would go no farther back than to its origin in England, to prove this position. In a remote period of the history of that nation, it would be found that the Courts assumed the power of imprisoning the body on mesne process, and although this right was continually restrained by Parliament, it at length became authorized, by long practice and by the Government. He This barbarous custom, which had been copied by us from England, had its origin in usurped power. Should this country, then, go on to sanction it? Would it not rather be but acting according to the dictates of justice and humanity, to abolish it entirely? In the course of the proceedings, it would be assumed and established, that philanthropic and liberal minds had, in every age, denounced it, and that, wherever it existed, it was supported by an aristocracy, at war with rational liberty, and by the cruelty of hard-hearted creditors. History would show that it had fomented discontents, which ended in revolt and bloodshed; and it would be shewn to be in atter violation of the Holy Scriptures. On the other hand, it would be established, that, where imprisonment for debt had been abolished, a salutary restraint upon undue credits had ensued. A more equitable and more confidential state of things existed in the relations of debtor and creditor, and honor and justice had taken the place of vengeance panting for the pound of flesh, to be cut off nearest the heart. It could be shewn, that, wherever this system had been abolished, the change had been attended by the most beneficial effects, instead of those evil consequences, which many of the enemies of this bill anticipate. Believing these facts, Mr. J. called on the wisdom and the patriotism of the Senate, to aid him in abolishing a feature of the laws which could be shewn to be a disgrace to the country, and a relic of despotism, which it became their duty to obliterate. On a former occasion, he had hoped that this subject would meet with more courtesy than was then extended to it by his brother Senators. He had had an up-hill task ever since he first proposed the subject, and had obtained its introduction with great difficulty. He asked whether it was not a parliamentary practice, when a member proposed a new [SENATE. subject, to treat it, at least with patience and forbearance? And did not his seat entitle his proposition to be treated with proper attention? As to the committee to which the matter should be referred, he was not solicitous to be one of its members: he did not care if he never served upon a committee again, so far as the honor of the appointment went. His only wish in this case was, that the bill might be put into the hands of a committee-whether special or not, he was not particular; but at all events, that the matter should be deliberated upon. Mr. J. concluded by remarking, that the remainder of his term of service as a Senator, embraced three years, and in that time he wished this bill to be fully acted upon. Whatever might be the decision upon its merits, he should, as was his duty, submit. But, while that deci. sion was suspended, thinking, as he did, he felt it to be his duty to press the subject to an issue. He repeated that, on a former occasion, it met with obstructions which he had not allowed himself to expect and it had caused him the deepest regret that, on a subject on which his conceptions were so clear, and which seemed to him so unquestionable, he should have to encounter hostile opinions. But he hoped, on the present occasion, to be more fortunate; and that the Senate would grant him a com. mittee as favorable as possible; and then, that the bill might be rejected-or pass, to the immortal honor of this assembly. Mr. JOHNSON then, having obtained leave, introduced the bill, which was twice read by general consent, and referred to a select committee. WEDNESDAY, DECEMBER 13, 1826. PUBLIC LANDS. Mr. BARTON submitted the following resolution : Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of encouraging the cultivators of the soil, and multiplying the number of freeholders in the United States, by making donations of small tracts of such of the public lands as shall have been previously offered for sale, and remained unsold for a given time, to such persons as will actually inhabit and cultivate the same for some reasonable term of years. Mr. BARTON explained his object by remarking, that he had no intention to attempt the subversion of the system now practised by the United States. It was not his design to disturb that system at all. While the former credit system existed, it was well known that there were many companies who purchased lands, and with whom no private individual was able to compete. To a considerable extent, the same evil now existed; and, he did not doubt that, at the present moment, there were great numbers of enterprising young men disposed to emigrate and make settlements on new lands, but who have not the means of competing with more wealthy purchasers. He conceived that an improvement, in this respect, might be effected, without a violation, on the part of the United States, of any of its engagements, and without encroaching upon the revenue drawn from the sale of lands. He thought some plan, like that which he now proposed, would have a tendency to pluck up by the roots the evil arising from monopoly. It would increase the number of actual settlers, on a plan that would place it out of their power to become speculators, and which would protect them from those who might be disposed to speculate. His resolution was merely intended to throw out suggestions, to be matured as should be deemed expedient. Whether any plan of his own should be adopted, or whether one was hit upon by the committee, was to him immaterial. His object was, that the subject should undergo a thorough inquiry, as he conceived that the present law ought to be repealed, or adhered to with good faith. The question being then put on the resolution, it was agreed to. SENATE.] Columbian College.-Public Lands-Internal Improvement. THURSDAY, DECEMBER 14, 1826. THE COLUMBIAN COLLÈGE. Mr. JOHNSON, of Kentucky, said he held in Itis hand a copy of a bill presented to the Senate in April, 1824, for the relief of the Columbian College of the District of Columbia. The object of the bill was, that the Secretary of the Treasury be authorized to relinquish a demand against the College of $25,953. He also held in his hand a report made upon the subject by Mr. BARBOUR, stating facts in relation to the bill, which had previously been presented, and which would be found in the second volume of the documents. The design of this proposition was, to relieve the College from a debt due by that institution to the Government, and he rose this morning to introduce a resolution to bring the subject again before the Senate. [DEC. 14, 15, 1826. The resolution having been read Mr. REED said, that, before the question was taken upon the adoption of this resolution, and the reference of it to a committee, he asked the indulgence of the Senate, while he submitted a few remarks, by way of explanation of the subject to which the resolution referred. The resolution contemplates two distinct topics of inquiry; and, although the first may not be an usual subject of reference to a committee, yet he had deemed it of so much importance, and so connected with the other branch of the inquiry, that he thought it safest not to disunite them in the resolution which he had offered. The first subject of inquiry contemplated by the resolution, relates to the constitutional power of Congress over the public domain of the United States, and its competency to dispose of Mr. J. said, it was well known that the charter of the such public domain according to its discretion in the exColumbian College originated in a petition presented by ercise of its sovereign powers. And, secondly, it prohim to the Senate, which was referred to a committee, poses an inquiry into the justice and expediency of apdeliberated upon, and resulted in Congress giving exist-propriating portions of the national domain for the purence to this institution, which now depended on the libe- pose of improving, in the modes pointed out in the reso rality and bounty of the country. It was not wonderful lution, the internal condition of the States, respectively, that this establishment should find itself in embarrass within which the public lands are situated. It must be ments, when it was considered that, in so short a time, an agreed, on all hands, that both those topics of inquiry are institution of so much importance had grown out of its highly interesting; not only to the particular States who feeble beginnings. The public were now enjoying the may be considered more immediately interested, but also benefits of an institution of a high character-he might to the entire Confederacy. say, which was scarcely surpassed by any in the Union; In regard to the first branch of the inquiry, Mr. R. said an institution in which, not only the branches of science he did not mean to go into a ful! and elaborate argument. and useful knowledge were taught, but which joined to It was a question of constitutional law, and of legislative its other advantages a seminary for the instruction of Me-power, which every member of the Senate would feel dical Science. Yet, while, as far as the encouragement inclined to determine for himself. He would, however, of the public extended, this institution was going on in ask leave to be indulged in a few observations upon this an increasing prosperity, it is found to be encumbered part of the subject, in vindication of his own opinion, that with a debt which may prove its destruction, by inducing the powers of Congress over the public lands was a plea sacrifice of the property of the institution, unless relief nary and unrestricted power. If we look alone to the is obtained. If the United States were to press the de- Constitution of the United States, the charter which alike mand, the property must be sold before its amount could defines the powers of the Government and the rights of be realized. But, if the Congress of the United States the citizen, as the source of our authority, it would seem were satisfied that, by such a sacrifice, the demand of the to be difficult to find room for the least doubt in regard to Government would be discharged, Mr. J. was confident our own powers. That Constitution declares, article 4, that such a measure would not be resorted to. He had proof section 3, that the "Congress shall have power to dispose that Congress would take the most generous course: for “of, and make all needful rules and regulations respectproof of its disposition had already been had, in a release "ing, the territory or other property belonging to the which it had of a demand held against the institution." United States." Words could not be more explicit His object was to bring the subject seriously before the than the words used in this section, to convey a full, abSenate, and he hoped the committee would see the im- solute, and supreme power to the Congress of the Unitportance of acting upon it with as much promptness as ed States to dispose of their public lands in any manner the other subjects under their consideration would allow. which they might deem proper. Power is given “to disHe had documents to show that the College was taking "pose of, and make all needful rules and regulations remeasures to obtain assistance, so that, if released from "specting, the territory of the United States." this deraand, the institution would be enabled to go on unembarrassed in the prosperity to which it had arrived. He was convinced that no Senator would feel a disposition to blight its prospects, and that none could wish to sce the District of Columbia deprived of an institution which bid fair to equal any in the country. Mr. J's resolution lies on the table until to-morrow. FRIDAY, DECEMBER 15, 1826. How they shall "dispose of it," and what "rules and regulations respecting" it, might be deemed "needful," are left to the sound discretion of Congress, in the exercise of its sovereign power over it. Reason, justice, and the nature of things, might, indeed, control the exercise of this power; but the power, itself, is as ample as delegated power can be. It has been supposed, however, that this power over the public domain, conferred on Congress by the Constitution, is subject to liniitation and control by the condition contained, or supposed to be contained, in the treaties with foreign Powers, and the acts of cession from particular States, by virtue of which the public lands have been acquired. The titles of the Unit"Resolved, That the Committee on Public Lands be ed States to its domain, are, obviously, divisible into two directed to inquire into the constitutional power of Con- classes, both in reference to the nature of the acts by gress to dispose of the public lands, or any part thereof, which such titles were acquired, and the times at which within any state, for the internal improvement thereof; such acquisitions were made. Our titles to the public and, also, into the justice and expediency of appropriat-lands in Louisiana and Florida were acquired by virtue of ing a portion of the public lands in each State, in which such lands are situated, to the improvement or the navi gable streams in such States, respectively, and to the PUBLIC LANDS-INTERNAL IMPROVEMENT. The following resolution, presented yesterday by Mr. REED, was taken up : treaties made, respectively, with France and Spain, the former sovereigns of those Territories; and, in point of time, those acquisitions were made since the era of the |