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which the public lands are sold, would result from discontinuing the credit on the sales. The purchaser is in possession of the lands purchased, for four or five years before the completion of his payment. The product of his labor, for that time, is applied in discharge of his debt, and passes into the Public Treasury. In as far as the instalments are collected in the district, it operates on the principle of rents collected, and withdrawn from circulation, or of a partial tax on that part of the community. The drain of money from circulation, thus occasioned, has been sensibly felt; and the balance in exchange against the Western country may, on this principle, be accounted for. In case of cash payments, the resources for payment would be drawn from other parts of the country, in as far as emigrants are the purchasers. In a more general point of view, the proposed measure appears important. The accumulation of debt, in particular districts, where the mass of citizens are the debtors, is a consequence attending the credit system. The principles of general policy require that charges on the people, for the necessary supply of revenue, should be diffused over the whole society; by adopting cash payments, this evil would be avoided; and the interest of subsequent purchasers would then be identified with that of the Government.

If credit shall not be allowed on the sale of the public lands, it is proposed that a corresponding reduction in the price shall be made. The public lands have ever been considered as a source of revenue to the Government, and the early regulations for their sale appear to have had that object principally in view. Several of the States ceded vacant territory to the United States, for the purpose of creating a fund for the discharge of the public debt. With this object in view, and to cover the considerable expenses of extinguishing the Indian title, and otherwise incidental to bringing the lands into market, the price was first fixed by general regulations at one dollar per acre, and subsequently increased to two. It would be difficult, without reference to any general principle of public policy, to fix any determined price, which, under all circumstances, would be proper for the sale of the public lands. The demand for new land to bring into cultivation will in some manner be proportioned to the increase of population in the agricultural class of the community. But the amount of sale will always depend (at any given price) on the capital destined to be so invested. The capital ordinarily employed for this object, is the surplus product of agricultural labor. If the profit in agricultural pursuits, so to be employed, will not purchase the supply of new lands necessary to the proper extension and prosecution of that important branch of national industry, it may then be fairly presumed that the price is excessive, and operates injuriously to the public interest. It is not alleged that the price at present fixed has produced that effect, but it is believed that it is much higher than has been required by any of the individual States, or in any other country, for vacant lands; and that the price required, connected with the credit allowed, has been found sufficiently high by the industrious class who are disposed to purchase, for the purpose of occupancy and improvement. Experience has exploded the opinion that injurious speculations might be discouraged, and monopolies prevented, by simply fixing a high price on the sale of the public lands; and if in any measure these salutary effects have been produced by that means, it has been at the expense of the cor

SENATE.

responding disadvantage that, by the same means, the industrious class, with small capital, have been prevented from becoming purchasers, with a view to settlement and cultivation.

The only expedient which has been successfully resorted to, for preventing the public lands from being engrossed by capitalists, and perhaps the only one that will in any measure be effectual to that end, is the subdivision of the sections, and offering them for sale in small tracts, suited to the means of the purchaser, for actual settlement. And while ever a sufficient quantity of land is kept in market to satisfy the necessary demand arising from the increase of population in the country, and sold in small tracts to suit those who are disposed to purchase, for the purpose of occupying them, little may be apprehended from the evils of speculation and monopoly, whether the price be as now fixed, or shall be reduced.

The sales of lands are regulated by no other principle than that of any other traffic in any species of merchandise. While ever the market is fully supplied with any commodity, and a certainty that the supply can be kept up, and it is retailed in quantity and quality to suit the purchaser for use or consumption, monopolies will not be made, whether the price be high or low. A high price will discourage the consumption, and a low price promote it; but, while the price is steady, speculations will be unprofitable.

It has been alleged that discontinuing the credit and reducing the price would operate to the disadvantage of the poor; that they must be supplied on credit; and if it shall not be allowed by the Government, they must purchase at an advanced price from speculators. The idea of providing equal facility to the poor and to the rich, by any regulation, is incompatible with that of disposing of the land for a valuable consideration. While the Government requires a price, he who possesses the means of payment will have an advantage in making purchases over him who does not possess

such means.

It is not apprehended that speculations will be extensive, or be long continued, where they must be carried on by purchase for cash, and sale on credit, and when the sales must be confined to those who cannot advance one hundred and twenty dollars, and become purchasers from the United States.

From the foregoing consideration it is respectfully proposed that credit on future sales shall not be allowed; that the price of the public lands be fixed at one dollar and fifty cents; and that the lands be offered for sale in tracts of eighty acres.

And for that purpose they ask leave to report a bill. DUELLING.

The Senate resumed the consideration of the motion, submitted yesterday by Mr. MORRIL, to request the President to dismiss certain officers from service.

Mr. MORRIL addressed the Chair as follows: sensation that I invite the attention of the Senate Mr. President, it is with no ordinary degree of to the consideration of the resolution which I had the honor to present. The nature and enormity of the transaction can require but little illustration. It is not my intention to enter into a minute detail of the horror or magnitude of the crime; but, as I had the honor to offer the resolution, it may be expected that I assign some reasons in justification of the proposition. In the

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first place, sir, I consider the practice of duelling as inhuman. What can be more repulsive to the philanthropic breast than to place before a musket, charged with a ball, at the distance of twelve or fifteen feet, a fellow-citizen for a mark? Hu manity shudders, every tender feeling of the heart recoils, and Pagan barbarity itself is put to the blush. But, sir, it is immoral. It tends to demoralize society and corrupt the community. It banishes accountability from the human mind. It represents life and death as of no consequence, and immaterial. It may sometimes deprive society of its useful members.

FEBRUARY, 1819.

Mr. President, the event to which the resolulution relates has filled me with the deepest affliction. I claim the melancholy privilege of being the chief mourner here. Mason was my frienda long and intimate acquaintance, ripened into a sincere friendship by an association in this body for several years, gave me an opportunity of appreciating his distinguished worth. Virginia loved him as one of her favorite sons-in war her shield, her ornament in peace. With her the very name had been consecrated to patriotism, through successive generations. Its lustre lost nothing in the person of the deceased. He united the amiable The practice is unjust and wicked. In conse- qualities of the man to the higher virtues of the quence of capital offences, by a legal tribunal life patriot. His loss will be mourned by his country may be taken. But shall one citizen, for any as a public calamity. In the vigor of life, uniting trivial offence, take the life of his fellow? It can- both the affection and confidence of all, and surnot be justified upon any correct principle what-rounded with every blessing that promised hapever, either Christian, humane, or civil. Chris-piness, he has suddenly fallen the victim of a tianity breathes a better spirit; humanity retires barbarous practice. Cut off in the commencewith disgust; the civil code condemns and exe- ment of a splendid career, he leaves a wretched cutes the offender. What law, human or divine, mother, a disconsolate widow, a fatherless child, will sustain the act? The articles of war forbid and a weeping country. it; State laws forbid it; Virginia herself has forbidden it.

Oh, what a scene was there! But yesterday Selma was the abode of happiness; to-day it is But, sir, General Mason has fallen. A husband, wrapped in mourning. See on yesterday the afa father, a son, thus prematurely ushered into fectionate husband, the amiable wife, the tender eternity. And, unless invention and vice are infant-the pledge and cement of their happiness. more than ordinarily active, he received encour-To-day, behold that husband carried into the agement to the sad catastrophe in this city; and the more to be lamented, for, is this the case, his blood must, at least in part, rest upon the heads of his guilty abettors and counsellors.

Lamentable fact! that a gentleman of high standing, who had been a member of this honorable body, and probably would have been the next Governor of Virginia, should be so overcome with pride or with passion as to fall a sacrifice to sentiments so absurd. And, sir, what plausible apology is offered to mitigate the crime? The only plea which ingenuity itself can invent, is grounded upon a false notion of honor. A gentleman is bound by his honor to commit an act of murder. His honor must be sustained by the commission of an offence beneath the dignity of the human species. If this be a correct mode of sustaining a gentleman's honor, why is it prohibited in your army? Why are laws against it? If it will sustain the honor of an individual, it will sustain the honor of the community; the honor of your country; and why do your laws condemn that on which your country's glory is erected?

presence of his wife, bathed in gore. See her, frantic with despair, precipitating herself upon the corpse of her bleeding husband, mingling her tears with his flowing blood, and contending with the icy arms of death for the lifeless prize. She lifts her eyes to Heaven, the last refuge of the wretched, and in tones of agony cries out, my God, my God, restore my husband! Her prayers are given to the winds; his disembodied spirit has found its refuge and its home in the bosom of its God, while his earthly remains are consigned to the cold and narrow house appointed for all the living. Peace be to his ashes! And may a kind Providence become the friend of the widow; pour balm into her afflicted bosom, and bind up the broken heart; be the father of the fatherless, and let him be the mother's prop; rock the cradle of her declining years, and be a consolation in her dying hour! If anything can now administer to the affliction of his surviving friends, it will be the knowledge that Virginia, this day, through all her borders, weeps his untimely fall.

But, sir, it is a gentleman's way of deciding a As to the practice of duelling, I have already, controversy. Yes, and the servants; the boys in long since, given proofs of my sentiments, more the street, by this practice, learn high notions of substantial than mere professions. Whatever honor, and, to display them, must fight a duel. credit, if any, be due to it, to me it belongs, of Base practice, indeed; repugnant to all the refined having first presented to the Legislature of my feelings of a cultivated mind. The better feel-native State the law against duelling. What will ings of man revolt at the act. Conscience_condemns it, and it must, in time and eternity. From this view of the subject, sir, I am induced to offer the resolution, and am led to hope it will be adopted by the Senate. Let this be as it may, I have discharged my duty; I have expressed my opinion without reserve.

Mr. BARBOUR addressed the Senate as follows:

be its result on society, all-trying time must decide. The best hopes of humanity are connected with its success; nor is it presumptuous to hope that Heaven may smile on our efforts.

And yet, sir, with these sentiments, I must still be opposed to the resolution under consideration. As to the rumors to which the mover refers, and on which he rests, in part, at least, the success of

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this motion, they may or may not be true. Incidents of this kind are generally attended with the most exaggerated statements. If, indeed, they be true, as represented, I should feel no hesitation in pronouncing them as deserving the deepest abhorrence. Of some of the persons concerned in this melancholy tragedy, I know nothing; with others I have a slight acquaintance, Their characters forbid the belief that they have acted dishonorably. The statement made by the mover, unsustained by proof, furnishes a strong reason against the adoption of the resolution. For it is palpably an ex parte proceeding, and we are called upon to consign to infamy men who have had no opportunity of being heard in their defence. Let us not multiply the regrets already attending this melancholy event, by doing an act of injustice. Let us not commit the dignity of the Senate, by taking cognizance of a subject which belongs to others. If a crime has been committed, the offenders are subject, if, as the resolution supposes, they be military men, to trial by court martial, and, in any event, by a civil tribunal. To the President, as Commander-in-Chief, belongs the former; the latter to the civil magistrate. By this irregular proceeding, should it prevail, we depart from our own duty, in prescribing to others, to whom of right the subject belongs, and of whose remissness there is no imputation. The crime of duelling is not to be corrected by a proceeding of this kind. The roots of the evil are too deep to be extirpated by a solitary paroxysm of zeal. Public opinion is the only corrective. No matter what may be the number or severity of penalties that are denounced against this ferocious practice; they, as experience has evinced, are inoperative, unless their enforcement can be secured by the coincidence of public sentiment, or unless, as with us, the law executes itself by disfranchising the offender. So long as public opinion requires of an individual a submission to what is most improperly called the laws of honor, to maintain his grade in society, it is as capricious as unjust to anathematize those who submit to its decrees. Let the press, let your schools, let the pulpit, let your legislatures, throughout the nation, make a simultaneous effort, and continue it with zeal and perseverance, to extirpate this practice, the undisputed progeny of a barbarous age. Upon such an undertaking, let us hope for the blessing

of Heaven.

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and of course no injury can be sustained by the innocent; and no evil is to be apprehended."

But, the gentleman suggests, that favorable expressions have fallen from gentlemen on the floor of the other House. Is this a fact, sir? it is the more to be lamented, and furnishes another reason why this House should express an opinion on the subject. But, sir, the honorable gentleman from Virginia, with whose eloquence I am generally captivated, and by whose arguments I am commonly drawn into his mode of thinking, has expressed the generous feeling of his heart, on the nature of the act, in a manner in perfect coincidence with my views of the subject. The spontaneous effusions of his heart, thus exhibited, I can by no means doubt, and can hardly suppose the social intercourse which he has holden in this House with the unfortunate sufferer should not have created a more than ordinary attachment. But, sir, the honorable gentleman intimates several reasons why this resolution should not be adopted. It is assuming the exercise of a power vested in another department. Your articles of war do not reach the case. They provide for the punishment of those who give or accept a challenge, but not those who are accessory thereto. As to the civil authority, sir, crimes of this kind, in this region, have passed too long unobserved to justify the most remote expectation that cognizance will be taken of this transaction. But, says the gentleman, it may consign to infamy individuals. If guilty, be it so; to this I have no objection. Would to God that all who are guilty of duelling might, by public disapprobation, be consigned to infamy as lasting as time itself. This would be the most successful and sure way to suppress the practice. The honorable gentleman intimates, the public opinion is incorrect, and this is the best corrective; and it is hard to criminate a person for committing a crime when public opinion requires him so to do to maintain his grade in society. Admit, sir, the public opinion is the best corrective, and that public opinion is incorrect-I would ask that honorable gentleman, what is the best method to correct public opinion? Will resolutions passed in private circles effect the object? Would not the opinion of the President have more influence upon society than that of an obscure individual? Would the gentleman, to purify a stream, cast his corrective into the ocean where it empties, or into the fountain where it originated? I presume, into the fountain. And, sir, upon the same principle, if the public opinion is corrupt, let the correction commence here-in the Senate of the United States. Let the stream be purified. Here, I wish to record my vote against an act so inhuman and wicked. A crime which I detest with all the powers of my soul. But, sir, as my desire is to accommodate the feelings of gentlemen, I will withdraw the resolution and submit a substitute.

Mr. M. then offered the following, which was agreed to:

Resolved, That the Committee on the Judiciary be

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Mr. NOBLE, from the same committee, who were instructed, by a resolution of the Senate, "to inquire into the expediency of authorizing the Secretary of War to place upon the pension list Abraham Edwards, a mariner in the naval service of the United States in the Revolutionary war, who is now insane, and in such reduced circumstances as to need the assistance of his country," made a report; which was read.

On motion by Mr. MORROW, the Committee on Public Lands, to whom was referred the petition of William Edgar and Alexander Macomb, were discharged from the further consideration thereof, and the petitioners had leave to withdraw their petition and documents.

Mr. MORROW, from the Committee on Public Lands, to whom the subject was referred, reported a bill providing for the correction of errors in making entries of land at the land offices; and the bill was read, and passed to the second reading. Mr. BURRILL, from the Committee on the Judiciary, to whom was referred the memorial of William Thornton, reported a bill relative to the Patent Office, and the salary of the superintendent thereof; and the bill was read, and passed to the second reading.

FEBRUARY, 1819.

a lot or parcel of land belonging to the United States, laying in Jefferson county, in the State of Virginia ;" and a bill, entitled "An act for the relief of Isaac Minis, and others;" and, also, a resolution authorizing the transmission of the documents accompanying the report of the committee to examine into the proceedings of the Bank of the United States, free of postage; in which bills and resolutions they request the concurrence of the Senate.

The said bills and resolution were read, and passed to the second reading.

The said resolution was read the second time by unanimous consent, and considered as in Committee of the Whole; and, no amendment having been made, it was reported to the House, read a third time by unanimous consent, and passed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill making appropriations to carry into effect treaties concluded with several Indian tribes therein mentioned; and, no amendment having been made, it was reported to the House, and ordered to be engrossed and read a third time.

The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Daniel Pettibone; and, the bill having been amended, it was reported to the House; and, the amendment being concurred in, the bill was ordered to be engrossed and read a third time.

The bill supplementary to an act, passed the second day of March, 1807, entitled "An act to prohibit the importation of slaves into the United States," was read the second time.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act directing the payment of certain bills drawn by General Armstrong in favor of William Morgan ;" and, no amendment having been made, it was reported to the House, and passed to a third reading.

The bill more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, was read a third time, and passed.

STATUE OF WASHINGTON.

The Senate then resumed the consideration of the bill, providing for the erection of an equestrian statue of General WASHINGTON, in pursuance of the resolution of the Congress of 1783.

Considerable discussion took place on this sub

The Senate resumed the consideration of the bill "concerning the widows of the militia," (granting five years' pension to the widows of such of the militia as died within four months after their return home, of disease contracted inject; in the course of which Mr. WILSON moved service;) and, on motion of Mr. LACOCK, the bill was postponed a day beyond the session, and of course rejected.

to postpone the bill to the 5th of March, (to reject it,) with a view of then moving for estimates of expense, &c., to be reported to the House at the next session; which motion was decided by yeas and nays, as follows:

YEAS-Messrs. Barbour, Burrill, Crittenden, Dickerson, Edwards, Eppes, Lacock, Leake, Macon, Morrow, Noble, Palmer, Roberts, Ruggles, Tait, Taylor, Williams of Massachusetts, and Wilson-18.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend the act, entitled 'An act supplementary to the act, entitled An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to vacant and unNAYS-Messrs. Daggett, Eaton, Forsyth, Fromenappropriated land within the same, passed the tin, Goldsborough, Horsey, Hunter, Johnson, King, eighteenth of April, 1806;" a bill, entitled "An Mellen, Morril, Otis, Sanford, Stokes, Talbot, Ticheact to authorize the Secretary of War to conveynor, Van Dyke, and Williams of Tennessee-18.

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The Senate being equally divided on the question, the PRESIDENT gave the casting vote against postponing the bill, and the motion was accordingly negatived.

After further debate as to the amount necessary to be appropriated for the object, the bill was laid over until to-morrow.

THURSDAY, February 11.

The bill, entitled "An act to amend the act supplementary to the act, entitled 'An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to vacant and unappropriated land within the same, passed the 18th of April, 1806," was read the second time, and referred to the Committee on Public Lands.

The bill, entitled "An act to authorize the Secretary of War to convey a lot or parcel of land belonging to the United States, lying in Jefferson county, in the State of Virginia," was read the second time, and referred to the Committee on Military Affairs.

The bill, entitled "An act for the relief of Isaac Minis, and others," was read the second time, and referred to the Committee of Claims.

Mr. GOLDSBOROUGH, from the Committee of Claims, reported a bill for the relief of William and James Crooks; and the bill was twice read by unanimous consent.

SENATE.

tieth day of September next; exhibiting, in such abstract, the date of such bond, and the time when it became payable, its amount, the name of the obligors, distinguishing principals from sureties, and the district of the customs in which taken; together with such information as will show how much or what parts of

such bonds are irrecoverable and lost to the United States.

The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Cornelia Schoonmaker, widow and administratrix, and Peter Marius Green, administrator of Zachariah Schoonmaker, deceased, late paymaster of the second regiment of United States volunteer artillery; and, on motion by Mr. WILSON, the further consideration thereof was postponed until the 5th day of March

next.

The Senate resumed the consideration of the report of the Committee on Military Affairs, to whom was referred the petition of Harbaugh and Potter; and, in concurrence therewith, the petitioners had leave to withdraw their petition.

The bill making further provision for the sale of public lands; the bill providing for the correction of errors in making entries of land at the land offices; and the bill relative to the Patent Office, and the salary of the superintendent thereof; were respectively read the second time.

Mr. ROBERTS presented the petition of Rebecca Hodgson, widow of Joseph Hodgson, praying Mr. GOLDSBOROUGH, from the same commit-payment for the value of a certain house which tee, reported a bill for the relief of Noah Brown, and others; and the bill was read, and passed to the second reading,

Mr. MORROW, from the Committee on Public Lands, reported a bill to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the Territory of Michigan; and the bill was read, and passed to the second reading.

Mr. JOHNSON, presented the memorial of Hyacinthe Bernard, of Louisiana, praying to be confirmed in his title to certain land, as stated in the memorial; which was read, and referred to the Committee on Public Lands.

The PRESIDENT communicated the memorial of Joseph Krittman, praying indemnity for property of which he was illegally deprived by the Senate of Hamburg, as stated in the memorial; which was read, and referred to the Committee of Claims.

Mr. HUNTER presented the memorial of Nathaniel Cutting, praying additional compensation, in consideration of his "long" and "faithful" public services, as stated in the memorial; which was read, and referred to the Committee of Claims.

Mr. WILLIAMS, of Mississippi, submitted the following motion for consideration:

was consumed by fire, whilst in the occupation of the Government of the United States, as the War Office in the City of Washington, in the year 1800, as stated in the petition; which was read, and referred to the Committee of Claims.

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

Representatives of the United States:

I transmit to Congress, for their consideration, ap

plications which have been received from the Minister Resident of Prussia, and from the Senators of the Free and Hanseatic cities of Hamburg and Bremen, the object of which is, that the advantages secured by the act of Congress of 20th April last, to the vessels and merchandise of the Netherlands, should be extended to those of Prussia, Hamburg, and Bremen. It will appear from these documents, that the vessels of the United States, and the merchandise laden in them, are, in the ports of those Governments, respectively entitled to the same advantages, in respect to imports and duties, as those of the native subjects of the countries themselves. The principle of reciprocity appears to entitle them to the return of the same favor, on the part of the United States, and I recommend it to Congress, that provision to that effect may be made. JAMES MONROE.

FEBRUARY 11, 1819.

Resolved, That the Secretary of the Treasury lay The Message together with the accompanying before the Senate, as early in their next session as documents, were read, and referred to the Compracticable, an abstract of all bonds for duties on mer-mittee on Foreign Relations.

chandise imported into the United States, which shall The following Message was also received from have become payable, and remain unpaid on the thir- the PRESIDENT OF THE UNITED STATES:

15th CoN. 2d SESS.-S

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