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discrimination with regard to the objects of purchasers. It cannot therefore excuse itself from granting relief to those persons by affecting to consider them as the less entitled to it for being speculators, in yielding to the very temptations with which it seduced them, if indeed there were any thing wrong in the speculation itself. There are however a vast number of persons who have been induced to rely wholly upon the latter alternative from necessity, not choice. No one who purchased with such objects, particularly at the minimum price, and made judicious selections, could have lost by it, and many would have made a considerable profit, had not the price of public land been reduced, contrary to the plighted faith of the Government.

The adoption of this measure has not only depreciated the lands heretofore sold, impaired the ability of purchasers to pay for their lands, and made it their interest to surrender them, but, in relation to all those who relied upon the sale of the lands according to law for the reimbursement of the instalments paid upon them, with a reasonable profit upon their money, it has most injuriously affected their condition; deprived them of advantages connected with their contracts; subjected them to great losses, that could not have been anticipated at the time those contracts were entered into; and would most unquestionably, were it a case between individuals, render it the duty of a court of equity to decree that those contracts should be set aside altogether.

SENATE.

So that you will ultimately have to compromise upon terms not better than those proposed, or to resort to the odious alternative of enforcing forfeitures, and taking from those people an immense sum of money, without rendering them the slightest equivalent for it. This, sir, would indeed be so much like a parent robbing his own children, and so repugnant to the best feelings of the human heart, as well as to all the maxims of justice, that it would be very difficult to persevere in it against the constant petitions of those people, backed and supported as they now are, and hereafter will be, by their respective States, whose influence, if it should bear any proportion to their rapidly increasing population, will not be altogether unavailing, in a just cause, some ten years hence.

Mr. President, depend upon it, sir, public sentiment never will, under the whole circumstances of the case, sanction the exaction of such forfeitures from the brave and patriotic defenders of our frontiers, when the necessity for them can be avoided without any real sacrifice, and upon such just and equitable terms. And, though the time may not yet have arrived, I am persuaded it is not distant when relief will be granted to those upon whom forfeitures have already been enforced. I confess that, for one, I am prepared to grant it at any time, believing, as I sincerely do, that, while liberality and justice recommend it, good policy does not forbid it, because it is as intrinsically wrong in a Government as it would be in an Let me suppose, sir, that the public lands had individual unnecessarily to take, or to keep, somebelonged to an individual who under similar cir- thing for nothing. The sum forfeited is a serious cumstances had sold a part of them, not barely with punishment for so slight an indiscretion. The an understanding, but with a positive, unequivo- object of punishment itself is not vindictive. The cal declaration, that he would not reduce the price necessity of example has ceased, since the law of the residue. Can it, I ask, be doubted, that if upon which it was intended to operate has been he had totally disregarded that declaration, as the repealed; and the aggregate amount of those forGovernment has done, with so much injury to the feitures is a serious loss to the Western country purchasers, a court of equity would hesitate to itself, which contributes so largely to the public grant relief? These purchasers are ex equo et bono revenue, and participates so little in the expendientitled to a return of their money, and the Gov-ture of public money. I therefore would not hesiernment ought, for its own sake, be glad to compromise with them upon the terms proposed by the measure now under consideration.

Mr. E. further contended that this measure, by enabling the Government to cause to be settled a large quantity of lands now held by persons who can never pay for them, and therefore will not improve them, would have a tendency to consolidate our settlements, and impart additional strength to our inland frontier; and that it would give a spring to industry which, by increasing our stock of national wealth, would be felt advantageously by the whole Union. But, said he, Mr. President, though those public debtors may see but little prospect of ever paying for or disposing of their lands to advantage, yet, if they cannot be permitted to relinquish a part of them upon equitable terms, the hope of some favorable occurrence-some auspicious turn of affairs, or more propitious fortune will induce them to retain the whole of those lands, not only as long as the law now allows, but as long as the utmost indulgence of Congress (for which you will be constantly importuned) will permit.

tate, particularly in times of such universal distress, which the Government has unquestionably contributed to produce, to grant to these persons certificates receivable in payment for public land, to the amount which they have respectively forfeited; whereby they would get only the value of their money, while the Government would not part with an acre of land for which it would not have received a full equivalent. But, be this as it may, the solicitude which the Western States now feel, and are most strongly manifesting upon this subject, as appears by the petitions now upon your table, sufficiently indicates that, unless suitable relief should be granted, you may annually expect petitions, memorials, and remonstrances, against all future forfeitures; and it is not to be doubted that nothing less than the most judicious management can prevent this enormous debt from becoming the fruitful source of much future difficulty and trouble, intermingling itself in all elections, and producing political effects which no one could regret more than myself.

I therefore trust that enough has been said to demonstrate the expediency of diminishing the

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debt, not only by permitting the relinquishment of a part of the land, but by offering just and proper inducements to make prompt payment for the balance.

This being a measure of sound policy, as well as of justice, its objects will be most effectually attained by making those inducements as liberal as the public interest will permit. And, as the success of the measure must depend upon the ability as well as the inclination of the debtors, they should not only be allowed suitable deductions to create the necessary incentives to make prompt payment, but reasonable time to render it practicable for them to do so.

I can see no difficulty in deciding what deduction ought, in sheer justice, to be made; for, if the Government, by the reduction of the price of its own lands, has imposed upon itself any equitable obligation whatever in favor of those debtors, (which all admit,) it is to allow them a deduction equal to the difference between the price contracted to be paid to the Government for those lands, and the value to which they have been reduced by the Government, which, whether considered in reference to the actual depreciation of the land, or appreciation of money, cannot be less than 37 per cent.; for the land heretofore sold at two dollars an acre will not now command more than the present minimum price, while the latter will purchase the same quantity of as good land as could heretofore have been purchased at the former minimum; and it would seem to be unreasonable, if not unjust, that the Government, having the power to do so, should, by its own act, reduce the land which it has heretofore sold, to a certain value, and yet demand more than that value of it.

With this view of the subject, and taking into consideration the difficulties and embarrassments | of the present times, it appears to me to be both just and expedient to allow a deduction of 37 per cent. to all who shall pay up on or before the 31st December next, without interest, and with interest to those who shall pay up at any time between that day and the 30th September, 1822; at which latter period, the indulgence for such as may be unable to avail themselves of those proffered inducements should commence. By these means, every cent that could be commanded for that purpose would be paid into your Treasury, and this awful subject would be finally put to rest.

Let it not be supposed that the success of the two first measures proposed will be, in the least degree, affected by the indulgence which is asked for those whose peculiar situation will prevent them from relinquishing their lands, and who may not be able to avail themselves of the proffered inducements to make prompt payments.

You have, in the personal interest of the debtors for public land, the most efficient guarantee against any such consequences, unless you can suppose that that energetic spring of human action has much less influence upon them than upon all the rest of mankind.

It has been correctly assumed by the honorable Secretary of the Treasury, in his annual report,

JANUARY, 1821.

that the extent of the national domain will, for ages, enable the Government to determine the price of unimproved land, similarly situated. The effects produced by the practical demonstration of such a power, in the reduction of the price of public land, and the quantity brought into market, as has been stated by my colleague, and as I have already endeavored to show, would of themselves be sufficient to induce a great majority of those debtors to surrender their lands, even though no relief whatever should be afforded them.

There can be no rational motive to induce them, under existing circumstances, to wish to keep unimproved lands, for which they could not make prompt payment upon the terms proposed. It would be madness itself to retain them for the purposes of speculation, since such an immense quantity of as good or better land can be purchased at a lower price; and therefore it may be fairly presumed that none would wish to avail themselves of the latter measure of relief, except such as have made improvements upon their lands, and may be unable, from the pressure of the present times, to make prompt payment. These being the actual cultivators of the soil, the most needy, and at the same time the most meritorious and deserv ing of relief, will not relinquish their lands, though they may not be able to pay for them within the time prescribed by law-but they will rely upon your future mercy. The longer time you allow for the operation of the proposed inducements to make prompt payments, the more of them will be made, and the fewer of these cases will remain. Some, however, will necessarily still exist, and therefore such cases ought to be provided for at this time, so as to prevent the necessity of our having to legislate again upon the subject.

Mr. President, said Mr. E., were any reasoning wanting to prove that no system of coercion ought to be resorted to in less than two years, it is to be found in the late annual Treasury Report; for if, as is therein contended, the condition of the currency in several of the States in the Union; the exclu sion from circulation in all the States west and south of the seat of Government, of the notes of the Bank of the United States and its branches; and there being no sound paper in circulation in several of those States, prove that a resort to internal taxation, under such circumstances, would be to require of the citizens of those States what would be impossible for them to perform," and did last year, and do this year, justify a resort to loans to support the Government in a time of profound peace. If, I say, these circumstances are sufficient to prove the inability of the whole people of the United States to pay the amount of the loan of the last year, or the amount of the reported balance against the Treasury on the first day of the present year, a fortiori, they prove that the debtors for public land, being a part only of the population of a few of the very States in which those causes of embarrassment have operated, and continue to operate, most powerfully, must be utterly unable to pay the estimated sum that is proposed to be drawn from them, which is but little short of the amount of the loan of the last

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year, or the reported deficit in the revenue at the commencement of the present year.

Mr. President, said Mr. E., the population of the United States, I presume, may be safely estimated at ten millions; if so, the loan of last year would be at the rate of thirty cents for each one of our whole population; the amount of the balance against the Treasury at the commencement of the present year would require still less; but even supposing the loan to be seven millions of dollars, as proposed by the honorable Secretary of the Treasury, (and I flatter myself we shall not want half that amount,) it would only be at the rate of seventy cents each. And can it be conceded to be "impossible" for the whole population of the Union, or even that of the Southern and Western States in general, to pay at the rate of seventy cents each, and, at the same time, be supposed that a part of the population of Ohio, Indiana, Illinois, Alabama, Mississippi, and two land districts in Missouri, with the few purchasers of public land which the present year may produce, will be able to pay two and a half millions of dollars, which is the sum estimated to be received from them?

There must, indeed, sir, be a fallacy in supposing that the whole people of the Union are unable to do so little, or that so considerable a part of our whole population will be able to do so much: and I hope you will not adopt the latter opinion in the present case, and the former one when we come to act upon the proposition for a loan, whatever may be the amount required; for I deem it allimportant that we should not mistake in our estimate of what it is in the power of the debtors of public land to perform.

per

The debt of Alabama, divided among her white population, would not be less than one hundred and twenty dollars each, which, divided into ten annual instalments, would be twelve dollars annum to be paid by each. Deduct one-half the debt, it would reduce the proportion, as before stated, to six dollars; but strike off three-fourths of the debt, (and, I presume, a greater reduction could not be safely calculated on,) it would still leave to be paid, for ten years in succession, at the rate of three dollars per annum for each one of her whole white population. And can it be supposed that Alabama, which has no sound paper circulation at all, is capable of doing more, and yet that it is impossible for the whole population of the Union to pay at the rate of seventy cents even for one year only? But I will not pursue the subject further.

I had, indeed, sir, intended to have availed myself much more at large of the reasoning and statements contained in the Treasury report; but the fatigue which I myself feel, admonishes me not to trespass longer upon the patience of the Senate, which I fear is already exhausted. Therefore, hoping that every member of this honorable body feels the importance of putting this momentous subject to rest, I will conclude by barely remarking that this truly desirable object can only be accomplished by duly considering what those debtors for public land are capable of performing, with

SENATE.

reasonable exertions, and requiring no more of them: for, without this, they will be encouraged to petition you again and again; while you yourselves will not, cannot be inflexible, unless you should feel the most perfect conviction that you had done all, or rather more than ought to have been expected of you; and if, for the want of due liberality on the present occasion, it should become necessary to grant further relief at some future session of Congress, God only knows when the business will end. Were I to judge from what I have witnessed in a similar case, I should certainly suppose, not until a large majority of this House shall have taken their exit for another world. Therefore, as well to discourage and prevent future applications for relief, as to fortify your own determination to adhere to the measures you are now about to adopt, believe me, sir, it is better to require too little than too much. When Mr. EDWARDS had concluded, the bill was laid on the table till to-morrow.

FRIDAY, January 12.

The PRESIDENT communicated a report of the Secretary of the Navy, made in obedience to a resolution of the Senate of the first of May last, requesting the Secretary of the Navy to cause to be revised the rules, regulations, and instructions, for the naval service; and the report was read, and referred to the Committee on Naval Affairs.

Mr. DANA presented the memorial of David Mallory, of Connecticut, praying a pension in consideration of Revolutionary services; and the memorial was read.

On motion by Mr. DANA,

Ordered, That it be referred to the Committee on Pensions, to consider and report thereon.

Mr. OTIS, from the Committee on the Public Buildings, to whom was referred the petition of Julia Plantou, made a report, accompanied by the following resolution:

Resolved, That the petitioner have leave to withdraw her petition.

The report and resolution were read.

Mr. WALKER, of Georgia, from the Committee on Naval Affairs, to whom was referred the petition of Samuel Tucker, made a report, accompanied by a bill for the relief of Samuel Tucker, late a captain in the Navy of the United States; and the report and bill were read.

Ordered, That the bill pass to a second reading. The Senate proceeded to consider the motion of yesterday, instructing the Committee on Naval Affairs to inquire whether there are any obstructions to the navigation of the river Thames, in the State of Connecticut, which were placed there by the American ships during the late war, and what measures ought to be adopted to remove them if any there are; and agreed thereto.

The bill for the relief of Nathan Ford was read the second time.

The bill to authorize the President of the United States to ascertain and designate certain boundaries, was read the second time.

Mr. EDWARDS gave notice that, on Monday

SENATE.

Road-Miami of the Lakes—Bank of the United States.

next, he should ask leave to bring in a bill confirming certain claims to land in the State of Illinois.

Mr. NOBLE Submitted the following motion for consideration:

JANUARY, 1821.

said road within a reasonable time in said bill to be limited: That such person or persons do stipulate to keep said road in good repair for and during a number of years, to be in said bill defined; and, also, that the person or persons so contracted with, do also give bond, with sufficient sureties, for the faithful performdefining the time and manner in which the title to ance of his or their contract; and, also, a provision said land may be conveyed.

Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of authorizing by law a patent to issue to James Nickles, senr., for the southwest quarter of section nine in township No. 11 north, range No. 5 east, which said southwest quarter has been located by the said James Nickles, senr., in the State of Indiana, by virtue of a warranting from the War Department, No. 245.

Mr. JOHNSON, of Kentucky, submitted the following motion for consideration:

Resolved, That the Committee on Pensions be instructed to inquire into the expediency of increasing the pension of Willis Tandy.

Mr. EATON Submitted the following motion for consideration:

Resolved, That the Committee on Finance inquire into the expediency of so amending the act of last session "to provide for the publication of the laws of the United States, and for other purposes," that the private acts of Congress and Indian treaties shall be published in some one newspaper in the District of Columbia.

ROAD-MIAMI OF THE LAKE.

Mr. TRIMBLE Communicated the following resolutions of the General Assembly of the State of Ohio; which were read:

"The committee, to whom was referred so much of the Governor's message as relates to the roads contemplated by the Treaty of Brownstown, have had the same under consideration, and have collected all the information on that subject within their reach; and find that, on the 26th of January last, a select committee was appointed in the House of Representatives of the Congress of the United States, to inquire whether any, and, if any, what, further provisions were necessary to give effect to the provisions of the Treaty of Brownstown, in the Territory of Michigan. That to that committee, the resolution on that subject, passed by the General Assembly of this State, at their last session, was referred, together with other documents on the same subject. That that committee, on the 12th day of May last, made a long and elaborate report, accompanied by a resolution, which resolution the committee have thought proper to transcribe, and make a part of this report, which is as follows, viz:

"Resolved, That the Committee on Roads and Canals be instructed to bring in a bill to authorize the Secretary of the Treasury to contract with any person or persons to construct a permanent and suitable road, to extend from the foot of the rapids of the Miami of the Lake, to the western line of the Connecticut Western Reserve, according to the plan contemplated by the Treaty of Brownstown; and, on such route passing through the reserve (so called) at Lower Sandusky, as the President may direct, in consideration of the whole of the tracts on each side of the contemplated road, which were granted by the Treaty of Brownstown, or so much thereof, as, in the opinion of the Secretary of the Treasury, may be adequate to the object. And in which bill shall also be inserted, among other things, a provision or provisions, that the person or persons so contracted with, do complete the

"The committee, from an examination of the report and resolution above alluded to, are of opinion, that the plan contemplated therein is the best, under existcircumstances, that can be devised. The committee would, therefore, recommend the adoption of the following resolution:

"Resolved by the General Assembly of the State of Ohio, That they do concur in the afore-mentioned report made, and resolution reported to the Congress of the United States: And that our Senators and Representatives in Congress be requested to use their best endeavors to procure the passage of the law contemplated thereby.

be, and he is hereby, requested to send a copy of the "Resolved further, That the Governor of this State foregoing report and resolutions to each of our Senators and Representatives in Congress.

66

JOSEPH RICHARDSON,

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"DECEMBER 26, 1820."

The resolutions were referred to the Committee on Roads and Canals.

RELIEF TO LAND PURCHASERS. The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of the purchasers of public lands prior to the first day of July, 1820; and, on motion by Mr. EATON, that the bill be recommitted to the Committee on Public Lands, with instructions to

1st. Make the provisions of the bill applicable to those purchasers of public lands only who have purchased at public sale since the 30th day of December, 1816.

2d. And with instructions to extend the contemplated relief to none but those who, on or before the 30th day of October last, had made a settlement on the lands by them so purchased, defining and considering the settlement of any quarter section, a settlement of all contiguous and adjoining land, not exceeding two entire sections.

3d. And with instructions to extend the contemplated relief to no section on which any town may have been laid off, and the lots sold by any individual or company of individuals:

ation of the bill was postponed to Monday next. On motion by Mr. Oris, the further consider

BANK OF THE UNITED STATES. The Senate took up the bill reported by the Committee on Finance, to amend the act to incorporate the subscribers to the Bank of the United States, (proposing penal enactments against violations of their trust by officers of the bank or its branches; and authorizing the appointment of two officers to sign the notes of the bank, instead of the president and cashier.)

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Mr. SANFORD laid before the Senate, in a speech of some length, the views which operated on the Committee on Finance in recommending this bill; the reasons in favor of its provisions, and those which induced the committee not to recommend 1 the other two objects petitioned for by the bank. Mr. ROBERTS moved to amend the bill by adding thereto the following sections:

SENATE.

Mr. OTIS moved that these papers be printed for the use of the Senate.

Mr. BARBOUR moved that all the papers submitted to the Committee on Finance by the bank be printed.

[This motion was understood, by the debate which ensued on it, to refer to a particular paper which had been communicated to the committee by the bank, with a request that it might be received confidentially; which paper is understood to contain a statement of frauds committed on the bank, and the names of those persons or officers who committed them.]

A good deal of discussion took place on this motion, and many gentlemen entered into it. The debate turned principally on the propriety of making public information of this personal character, which had been confidentially communicated to a committee of the body to whom the subject had been referred, simply to show the expediency of

SEC. 3. Be it further enacted, That the bills or notes of the offices of discount and deposite of the said bank, excepting those of the office in the District of Columbia, originally made payable, or which shall have become payable on demand, shall be receivable in all payments to the United States, only in the States and Territories in which they are made payable, and in the States and Territories in which no office of discount and deposite shall be established; any thing in the fourteenth section of the act incorporating the subscribers to the Bank of the United States to the contrary notwithstanding: Provided, That all notes of the denomination of five dollars, issued either by the bank or any of its offices of dis-granting to the bank the security of penal sanccount and deposite, made payable on demand, shall be receivable at the bank or any of its offices: And provided, further, That it shall not be lawful for the directors of the said bank to establish more than one office of discount and deposite in any State, without the consent of the Legislature thereof first had and

obtained.

tions against violations of trust by its officers, and the reason which existed for asking of Congress this additional guard against such treacherous spoliations, some gentlemen being in favor of making the information public, as a just punishment of the offenders, and a warning to the world against them; and others being opposed to disclosing it, under the circumstances in which it came to the knowledge of the Senate. In the course of the debate, it appeared that the document was not now in possession of the committee, and part of the discussion referred to the propriety of taking measures to obtain it, the proper mode of proceeding with that object, &c. The debate was terminated by a motion by Mr. SMITH to postpone the subject to Monday, with the view of then subers of the said bank, together with their places of resi-mitting a resolution on the subject; and the subdence, to be kept in the banking house, at Philadel-ject was postponed-ayes 21; and the Senate phia, open to the inspection of any and every stock- adjourned to Monday.

SEC. 4. Be it further enacted, That so much of the second and fourteenth fundamental article of the constitution of said bank, contained in the eleventh section of the act incorporating the subscribers thereto, as provides that no director of the said bank or any of its offices of discount and deposite, shall hold his office more than three years out of four in succession, be, and the same is hereby, repealed.

SEC. 5. Be it further enacted, That the directors of the said corporation shall cause a list of the stockhold

holder of said bank, who may apply for the same with-
in hours of business, for at least ninety days previ-
ously to every annual election of directors; and no
person who may be entitled to vote at any election for
directors of said bank, as attorney, proxy, or agent,
for any other person, copartnership, or body politic,
shall, as such, give a greater number than votes,
under any pretence whatsoever; and no letter of
proxy shall be of any force or effect longer than
years, or until it shall have been revoked.

MONDAY, January 15.

The PRESIDENT communicated a letter from the Secretary of the Treasury, transmitting statements of the payments made according to law during the year 1820, for miscellaneous claims of such demands of a civil nature as are not otherwise provided for; of contracts made relative to oil, lighthouses, buoys, stakeages, &c.; of contracts and SEC. 6. Be it further enacted, That, whenever the purchases made by the collectors for the revenue said corporation assent to the provisions of this act, service during the year 1819; and of expenditures and certify such assent to the Secretary of the Treas-on account of sick and disabled seamen during the ury Department, by writing, duly authenticated, this year 1819; and the letter and statements were act shall be of full force and effect, and not otherwise. read. Some debate ensuing on this proposition, as well as on the bill itself, a motion prevailed to postpone the bill to Wednesday, that the amendment might be printed; and the bill was postponed accordingly.

Mr. SANFORD, having laid before the Senate sundry papers connected with the subject of this bill, which had been communicated to the Committee on Finance by the Bank of the United States, to enforce the expediency of granting the objects prayed for in their memorial

The PRESIDENT also communicated a letter from the Secretary of the Treasury, transmitting a statement exhibiting the amount received by each clerk in the several offices of the Treasury Department for services rendered during the year 1820; and the letter and statement were read.

Mr. KING, of Alabama, presented ten petitions, severally signed by a number of the merchants, and citizens, shipmasters, and shipowners, of the town of Blakeley, and of the merchants of the interior towns in the State of Alabama, praying

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