SENATE.]

South Carolina Resolutions.

(JANUARY, 1824.

requiring the contemplated division of the tions for amending the constitution have been States into districts, to be coextensive with the referred. number of Electors instead of Representatives,

and at the same time secured the great object upon which he had been commenting.

Mr. VAN BUREN then introduced the following resolution:

WEDNESDAY, December 31.

Florida Land Titles.

The following resolution, submitted yesterday by Mr. ELLIOTT, was again read for consideration:

"Resolved, That the President of the United States be requested to cause an application to be made to the British Government, through our Minister at that Court, for a correct list of the names of such persons as may have been paid, with the sums received by each, for lands held by them in the Floridas previous to the treaty of 1783, and of which they were deprived, on the transfer of that territory to Spain, by virtue of the said Convention."

The Electors of President and Vice President of the United States shall be chosen by the people of the several States, in districts equal in number to the number of Electors to which each State is entitled, to be composed of contiguous territory, and, as near as may be, equal in the number of persons to be represented, or of persons qualified to vote for members of the most numerous branch of the State Legislature. The qualification of the voters at such election shall be the same as is required of Electors for the most numerous branch of the State Legislature. The Electors of President and Vice President, convened at the time and place appointed by law, for the purpose of giving in their votes, shall have power, in case any of them fail to attend, to choose an Elector or Electors, in the place of him or them so failing to attend. Congress may determine the time of choosing the Electors, the day or days on which they shall give their votes, which shall be the same throughout the United States. But the authority to divide the States into districts, for the choice of Electors; to direct the election to be held; to prosecute the manner thereof, except as to the time of holding the same, and the qualifications of the voters; and the place of meeting of the Electors aforesaid,-is reserved, exclusively, to the Legislatures of the sev-erty they left there. But some others had re

eral States.

Mr. ELLIOTT said that the object of his resolution would probably be apparent to the Senate; that it would be recollected that the Floridas were formerly in possession of the British Government, while we were colonies of that country; that, upon the transfer of the Floridas to Spain, it had been stipulated that such British subjects as chose to remain there, should be permitted to do so; but that a great proportion of those subjects had abandoned that country, and removed to Great Britain; and had since been compensated for the prop

the difficulties of our Revolution, and the submoved to the United States, preferring to share sequent blessings of our Government. Some of these persons had never received any compensation for the property they left, and it had now become necessary to decide upon their claims to lands in Florida. This could not be done correctly, without the information referred to in the resolution which was now under consideration. The heirs of many of these persons had come forward with their claims, and this information was wanted, to guard against

If, upon counting the votes for President and Vice President, in the manner directed by the constitution, it shall appear that no person has a majority of the whole number of the Electors chosen, it shall be the duty of the President of the Senate forthwith to notify the President of the United States thereof; who shall immediately by proclamation, and also by notification to the Executives of the several States, publish the number of votes given to each person as President. Whereupon, the Electors shall again meet on the day which shall have been by law appointed for that purpose, with the like power of supplying vacancies, and vote for one of the two per-imposition.

The resolution was agreed to.

sons as President who shall have received at the first meeting of the Electors the greatest number of votes for such office. Or, if it should happen that more than two persons have received the greatest, and also an equal number of votes, the said Electors shall vote for one of them as President. The said Electors South Carolina Resolutions-Acknowledgment

FRIDAY, January 2, 1824.

of Grecian Independence.

Mr. HAYNE Communicated the following reso

shall thereupon transmit one of the lists, to be made at their first meeting, and also that made at their second meeting, signed and certified by them, to the Seat of the Government of the United States, direct-lutions passed by the Senate and House of ed to the President of the Senate, to be proceeded Representatives of the State of South Carolina: upon as the constitution has prescribed, except that the person having the greatest number of votes at the second meeting of the said Electors shall be the President. But, if two or more persons shall have received the greatest and an equal number of votes at the second meeting of the said Electors, the House of Representatives shall choose one of them for the President of the United States, as now prescribed by

the constitution.

"IN THE SENATE, Dec. 19, 1823. "Resolved, That the State of South Carolina regards with deep interest the noble and patriotic struggle of the modern Greeks to rescue from the foot of the infidel and the barbarian the hallowed land of Leonidas and Socrates; and would hail with pleasure the recognition, by the American Government, of the independence of Greece.

"Resolved, That a copy of this resolution be transBoth the resolutions were referred to the mitted to our Senators and Representatives at Washsame committee to whom the other proposi-ington.

Case of Francis Henderson, Jr.

"Ordered, That the resolutions be sent to the House | might be considered as a small mark of the veneraof Representatives for concurrence. tion and love I bear my country. With great respect, &c.

The bill reported by the Committee on Foreign Relations, for the relief of Francis HenderThe following communication was received son, jr., was taken up in Committee of the from the Department of State:

Case of Francis Henderson, Jr.

from the time of his appointment to that embassy, | derson, the elder, signified by a letter from him, and until his return; and that the balance remaining due among the documents. for his services as Minister be paid to his representatives."

the Bayard of America. Of him, if of any man The committee, in reporting a bill directing the who ever lived, it could, with truth, be said, money to be paid to Francis Henderson, jr., the only "he was without fear and without reproach!" grandchild of Colonel Laurens, has, independently of He brought to the service of his country a its fitness, conformed to the consent of Francis Hen-Roman form, and more than a Roman soul. If

you sought for him in the day of battle, he was
found at the post of danger; if at any other
moment, he was found at the post of duty. The
love of his country controlled every other feel-
ing of his heart; it might almost be said to be that
in which he lived, and moved, and had his
being."
It had been supposed, said Mr. HAYNE,
that Colonel Laurens was a rash man, wholly
reckless of life; who rushed, with the instinct of
the lion, on his foe, and who was regardless
because he was insensible of danger. Some
countenance had indeed been given to this idea
by the historians of the day. But Mr. H. was
strongly impressed with the belief that injustice
had, in this respect, been done to the character
of Laurens, and that his ardent enterprise and
heroic courage had been mistaken for thought-
less desperation.

Laurens possessed a highly cultivated mind. He was a man of thought as well as of action; "as great in counsel as in high resolve." It is not to be supposed, therefore, that such a man could have been insensible to danger. Mr. H. was satisfied, from facts within his own knowledge, that, although Colonel Laurens always felt himself compelled, by his noble nature and high sense of duty, to seek danger in his country's service, wherever it was to be found, yet he duly estimated the hazards of such conduct, and considered as probable the event by which he finally sealed, with his blood, his devotion to his 'country. When entering on his last campaign, he confided, to the care of a friend, a precious jewel, the gift of Louis XVI., with directions how it should be disposed of in the event of his fall.

No, sir, said Mr. H., Colonel Laurens was neither insensible to danger nor indifferent to life. It was only when, to borrow the language of the immortal poet,

[SENATE.

it had not been wholly denied to the usual course of tardy negotiation, might have come too late to produce the desired effect. Thus was the work of years accomplished in a few short weeks. But a few months had elapsed since Laurens had been seen in the ranks of the American Army "in the thickest of the fight." And, now, (having, in the mean time, thrice crossed the Atlantic and concluded a most important negotiation,) he was again on his native shores bringing with him immense treasures, the fruits of his labors, and furnishing pay and clothing to the suffering soldiery. In a few days after his arrival, he was again found in the camp, marshalling to glory the soldiers of liberty. Mr. H. said he would not attempt to follow him further in his glorious course. We all know that he fell at the head of his troops, gallantly fighting for the liberties of his country and the rights of mankind. It is delightful, said Mr. H., to reflect, that he fell "in the last of our fields," as if Providence, who had preserved him through so many perils, had permitted his career to be closed only when there were no more battles to be won.

It will hardly be believed by posterity that the hero, who fills so large a space in the annals of his country, died in his youth, not having yet attained his twenty-seventh year. As nearly connected with this subject, said Mr. H., it is worthy of remark, that Colonel Laurens was the purest and most disinterested of human beings. His political creed was that, in the hour of calamity, the life and fortune of the citizen is the property of his country, and that his services should be rendered gratuitously. Laurens received no pay, kept no private accounts, and most certainly never intended to demand, nor would have consented to receive, any compensation for his invaluable services, military and diplomatic. It was in the same spirit that, on one occasion, he declined a commission in the Army, tendered him as a reward for his gallantry; not, assuredly, from insensibility to its value, (for military glory was the idol of his soul, and promotion the very reward for which his heart panted,) but because, as he himself declared, his promotion might give offence to older officers, and thus be injurious to the public service. Mr. H. said, he knew not how better to combine in one view the various traits which marked the character of John Laurens, than by adopting the eloquent language of the American historian:

"He set Honor in one eye, and Death in t'other, That he did look on Death indifferently." The field of battle was not the only sphere in which Colonel Laurens displayed great talents and rare qualities. He was no less able as a negotiator than distinguished as a soldier. At the most critical period of the Revolution, Congress found it necessary to send to France for succor and support. They sought out Laurens in the camp and confided to him a special mission to the Court of Versailles. His conduct on that mission was as striking and peculiar as it was eminently successful. He stamped his own high character on a transaction unexampled in the whole history of diplomacy. Arrived at the French Court, he trampled at once on all official forms, and in the simple garb of an American soldier, pressed instantly into the presence of the Sovereign, eloquently and fearlessly explained the situation of his country, clearly pointed out the duty and interest of France, and demanded assistance. Patriotism and eloquence were signally triumphant. Lau-nament of human nature." rens prevailed. He obtained at once that relief which was perhaps essential to the accomplish- Mr. BENTON opposed, not only the allowance ment of American independence, and which, if of the interest, but of the principal, also, as pro

"Nature had adorned him with a profusion of her choicest gifts, to which education had added its most useful as well as its most elegant improvements. Acting from the most honorable principles; uniting the knowledge of a complete soldier, and the engagthe bravery and other talents of a great officer, with idol of his country, the glory of the army, and the oring manners of a well-bred gentleman-he was the

SENATE.]

Case of Francis Henderson, Jr.

[JANUARY, 1824.

posed to be granted by this bill. He thought, | debts; but it was also important to know who as the daughter of Colonel Laurens was still alive, that she was the only person who had a just claim to the money proposed to be paid; and, if the bill were to pass, it should be in her favor.

Mr. HOLMES, of Maine, moved the recommitment of the bill, for the purpose of providing that the money shall be paid to the daughter of Colonel Laurens, or her assignee. But a motion to lay the bill on the table prevailed.

THURSDAY, January 8.

Case of Francis Henderson, Jr. The Senate then resumed, as in Committee of the Whole, the consideration of the bill for the relief of Francis Henderson, jr. This bill proposes to grant a sum of money to Francis Henderson, jr., in full for services rendered to the country by his grandfather, Colonel John Laurens. The question before the committee was upon a motion by Mr. HOLMES, of Maine, to recommit the bill for the purpose of altering it, so far as to grant the money to Mrs. Henderson, the daughter of Colonel Laurens. This motion, at the request of Mr. BARBOUR, was withdrawn.

has the just claim to it. If Colonel Laurens had any claim upon the Government when he died, his daughter undoubtedly became the heir to that claim. When she married Mr. Henderson, he acquired the right to the claim. If the claim rests on the law, it is certainly highly important to know to whom it now belongs. If Congress were to pay it now, wrongfully, they would be bound, by every principle of justice, to pay it again hereafter, provided the proper person came forward to claim it. If Mr. Henderson were now separated from his wife, by covenant or contract, it became necessary to inquire how far that separation would affect the claim. What is the nature of that separation? Does it secure the right in this claim to Henderson? Until he could see some evidence on this subject, Mr. L. said he could not say what right the grandson had to receive this money. No one, Mr. L. remarked, could be more ready than himself to extend a fostering hand to those, and to the descendants of those, who had rendered distinguished services to the country, and no one was more sensible of the importance of the services rendered by Colonel Laurens; but he wished, before he was called upon to vote on this subject, to know to whom the money was due, and who had a legal claim to it-suppose, by a contract with his wife, that Henderson had been prohibited from receiving the amount of this claim-under such circumstances, how could he transfer a right to his son, which he did not himself possess? If it were paid to the son, in such a case, Congress Mr. LOWRIE said that he had paid great atten- might be called upon, by the wife of Hendertion to this subject, and he felt, after full inves-son, to pay it again. These reasons, Mr. L. tigation, that he could not vote for the bill, in said, would induce him to vote for postponeany shape. As the subject had been discussed ment, reserving it to the justice of the country two days, he would now, in order to try the to recognize the claim, when it came forward sense of the Senate, move its indefinite post-in a less dubious shape. ponement.

Mr. BARBOUR, after some further remarks on the nature of this claim, and in confirmation of those which he had previously made in Committee of the Whole, moved that the blank in the bill should be filled with the sum which the committee originally reported to be due for the expenses incurred by Colonel Laurens.

Mr. ELLIOTT Opposed the motion to postpone indefinitely. He said there could be no doubt that Colonel Laurens had really expended the moneys which the bill proposed to reimburse, and that the claim fairly came under the provision of Congress, existing at that time for the payment of the expenses of their foreign Ministers. The property left by Colonel Laurens to his family, had been diminished by these expenses; and it appeared no more than just that they should be paid. The circumstances under which the daughter was situated were such, that Mr. E. thought the money ought not to be given to her he did not, therefore, see any impropriety in voting it to her son.

Mr. LLOYD, of Maryland, said he understood the question, as to passing the present bill, not to turn upon the justice of the claim, but, whether the person, whose name was mentioned in the bill, was fairly and legally authorized to receive the money. It was not asked as a bounty, but as a remuneration for services rendered, and expenses incurred; and it was imperative upon the Government to pay its just

Mr. LANMAN made some inquiry as to the items in Colonel Laurens's account, which had been allowed by the Government; in answer to which, Mr. BARBOUR furnished the information required.

Mr. EDWARDS, of Illinois, believed that nothing less than an absolute divorce could deprive Mr. Henderson, the father, of the right to receive this claim. As no divorce had taken place, he surely retained that right; and, if so, he could transfer it to his son. If nothing more than a separation, without a divorce, had taken place, it did not vitiate the right of Mr. Henderson; and, as he had assented to the grant being made in favor of his son, there was no doubt in his mind, Mr. E. said, that the son of Henderson had a fair claim.

Mr. BARBOUR intimated his wish, provided the motion to postpone indefinitely were withdrawn, to propose an amendment to the bill, so as to require the relinquishment of all claims by Francis Henderson the father, and Frances E. Henderson the mother, previous to the payment of the money to Francis Henderson, junior.