FEBRUARY, 1806. Public Lands. H. OF R. consequently, had higher claims on the aid of Con-state of public affairs, and proffering their lives gress. It was further stated, that the contemplated and fortunes in support of the public honor and duty would operate, not merely on vessels belong-security, and of such measures of national redress ing to the port of Philadelphia, but likewise on and retribution, as Congress may deem it expediforeign vessels entering therein; and that it was ent to adopt; which were read, and referred to a unjust to derive revenue from them for the accom- Committee of the Whole on the state of the Union. plishment of objects of a local nature. An engrossed bill declaring the consent of Congress to an act of the State of Pennsylvania, entitled "An act to empower the Board of Wardens for the port of Philadelphia to collect a certain duty on tonnage, for the purposes therein mentioned." was read the third time, and passed-y eas 52, nays 27. A message from the Senate, informed the House that the Senate have passed the bill, entitled "An act for altering the time of holding the circuit court in the State of North Carolina," with seve ral amendments; to which they desire the con The House proceeded to consider the amendments proposed by the Senate to the said bill: Whereupon, The advocates of the bill contended that it was strictly Co stitutional, in proof of which, they appealed to that part of the Constitution which says, that, no State shall, without the consent of Congress, lay any duty of tonnage ;" which provision exactly met the present case. As to the Constitutional provision quoted on the other side, they observed that it was only made with the view of preventing the adoption of partial regulations of trade or revenue, or the establishment of free ports. They quoted several precedents, by which it appeared, that in several instances, a like au-currence of this House. thority with that in the bill had been given, and in some cases without any limitation of time. On the ground of expediency, they represented the navigation of the Delaware as seriously obstructed by a shoal, which was every year increasing, and which might, unless measures were taken, operate at some future period to the destruction of the navigation. The tax asked, would be paid exclu- Ordered. That the committee appointed on the sively by vessels trading from the port of Phila- letter of William H. Harrison, and the memorials delphia, and ought not, therefore, to be opposed by and petitions of the Indiana Territory, be discharged those whose interests were not in the least impli- from the farther consideration of so much of those cated. It was added, that it was strange that, memorials and petitions as relates to the donation while scarcely a year passed without large appro-and pre-emption rights, and the salt springs in that priations being made from the general Treasury Territory; and that the same be referred to the for the erection of light-houses in various parts of Committee on the Public Lands. the United States, the request of the merchants The bill making extra compensation to the Govof Philadelphia to be authorized to subject them- ernor, Judges, and Secretary of the Indiana Terselves to a tax for the improvement of the navi-ritory, allowing each $300 for compiling a code gation of the only port in Pennsylvania should be of laws, having passed through a Committee of opposed. the Whole, was ordered to be read a third time to Ordered, That the said amendments, together with the bill, be committed to Mr. BOYLE, Mr. STANFORD, and Mr. RHEA of Tennessee. On motion, it was The question was then put on Mr. CROWNIN-morrow. SHIELD'S motion to strike out the first section, which was negatived-yeas 27. Mr. CROWNINSHIELD moved to amend the bill, so as to confine the duty to vessels belonging to the port of Philadelphia. Mr. CROWNINSHIELD spoke in favor of, and Messrs. J. CLAY, SLOAN, CONRAD, and ELMER, against this amendment, which was disagreed to→ yeas 12. Mr. CROWNINSHIELD offered an amendment, limiting the duration of the bill to three, instead of seven years. The bill from the Senate, making, in addition to the unexpended balances of $1,200, an appropriation of $1,000 a year, for five years, for the support of a library, was read a third time and passed -yeas 68. PUBLIC LANDS. Mr. LATTIMORE observed, that in addition to the various objects embraced by several petitions which had been referred to the Committee on Public Lands, relative to lands in the Mississippi Territory, there were others, an attention to which seemed necessary, as well to do justice to individuals, as to facilitate the execution of the business of the land office west of Pearl river. In order, therefore, that the subject might undergo a proper The Committee then rose, and the House order-investigation, he begged leave to offer the followed the bill to be engrossed for a third reading to- ing resolution: Mesrs. CROWNINSHIELD, SOUTHARD, and ELY, supported; and Messrs. J. CLAY, LEIB, and SLOAN, opposed it; when the question was put, and the amendment disagreed to-yeas 31, nays 56. morrow. THURSDAY, February 13, Resolved, That the Committee on Public Lands be instructed to inquire, Whether it be expedient to confirm any claims to lands in the Mississippi Territory, founded upon SpanMr. GOODWYN. one of the members from Vir-ish warrants or orders of survey, which were not inginia, presented to the House certain resolutions of the inhabitants of the town of Petersburg, in the said State, expressive of their opinion of the present habited and cultivated on the twenty-seventh day of October, one thousand seven hundred and ninety-five, agreeably to the first section of the act, entitled "An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee:" Whether it be expedient to repeal so much of the first section of the said act, as precludes persons under the age of twenty-one years, and not heads of families, from the benefits of the provisions of the section aforesaid: Whether it be expedient to make provision, by law, for reimbursing pre-emption claimants, in such sums as they may have paid to the United States, in the event of their being evicted of the lands for which such sums may have been paid, by a judicial decision in favor of any grant not derived from the United States: FEBRUARY, 1806. not having the means of the common payment; they wished to live together, and to cultivate the ity, and for the good of the community, in introvine for their principal support, for their prosperducing its culture into this country. Mr. ELY observed that the bill appeared to give a preference in the sale of the public lands; that the documents or testimony which might justify the bill was presented from the Senate without this preference; he therefore moved that it should be committed to the Committee on Public Lands. Mr. GREGG They obtain a whole township of the best land at only two dollars per acre, and it Whether it be expedient to invest the Commissioners is proposed to extend to them an unusual indulwest of Pearl river with such extensive equitable juris-gence in the time of payment. He would not diction, as may enable them to guard, on the one hand, agree to it. against the admission of claims, which may be supported by a literal construction of legal provisions, though founded in fraud; and to confirm, on the other hand, those which may not be thus supported, though founded upon principles of equity and justice: And, also, Whether any, and, if any, what, further amendment ought to be made to the act aforementioned; and that they have leave to report by bill, or otherwise. The resolution was agreed to. Mr. FINDLEY Spoke in favor of the bill. Mr. CONRAD. The indulgence of time for payment is not unprecedented. He showed an act granting twelve years for payment where land does not bind the purchasers to plant the vine, was purchased for the same purpose, and that act whereas this does. It were better to make a present of the land than not have the settlement more than probable that the land will lie waste among us of such persons. If not thus sold, it is and unsold more than the six years. Mr. G. W. CAMPBELL observed that a law had been passed the last session authorizing the President to cause the lands in the Territory of Orleans Mr. OLIN.-If we can be justified in a sale of to be surveyed. The object of this act was to this kind, why oblige foreigners instead of our prepare the lands for sale and settlement. Beliey-own countrymen? We have citizens enough of ing that a settlement of that territory would greatly our own who would be glad to purchase on such contribute to its security and prosperity, his wish terms. was to bring the subject directly before the House. Whatever doubts may be entertained of the propriety of encouraging the settlement of Upper Louisiana, he believed no difference of opinion existed as to the expediency of fostering the settlement of the Territory of Orleans by citizens of the United States; which end would be best effected by opening laud offices for the sale of lands therein. Mr. CAMPBELL Concluded by moving the following resolution: Resolved, That offices be established for the sale of the lands belonging to the United States within the Territory of Orleans. Referred to the Committee on Public Lands. SOCIETY OF HARMONY. Mr. SLOAN. Though I drink no wine myself, I have no wish to prevent others, for I think it may often be serviceable. I consider the indulencouragement or bounty, that may prove useful gence as to the time of payment in the light of an to us as well as the applicants. Mr. SMILIE. I cannot say with the gentleman from New Jersey that I drink no wine, for I certainly do when I can get it. I do not consider it as a valid objection that the petitioners are foreigners. I am myself an European, who have fled from oppression in the country where I was born. How great a part of Pennsylvania is settled by such characters! Mr. MCCREERY.-The applicants are men of piety and industry. Let us give them a good troduce the culture of the grape here. chance, for our own sakes as well as theirs, to in the land will lie waste. We wish to populate the Mr. FINDLEY.-If this indulgence be not given, territory. Their settlement will enhance the value of the public lands around them. The House went into a Committee of the Whole on the bill received from the Senate, the object of which is to authorize the location of a quantity of land in the Indiana Territory by George Rapp and his associates, they paying two dollars therefor.and giving them a credit, without the payment Mr. ELY.-I am sorry my motion has occaof interest, for six years, when they are to pay one-sioned so much debate. I was ignorant of the fourth of the purchase money, and the residue in six annual payments, on condition that, agreeably to prescribed terms, the vine shall be cultivated. circumstances relating to this society, and to the character of it; my object was information, not an intention to defeat the bill. We deviate from the usual mode, which is to have the report of a committee in cases of this sort. Mr. MCCREERY stated that George Rapp and bis associates, amounting to about 3 000 persons, were natives of the Electorate of Wirtemburg; Mr. GREGG-This bill very improperly authorthat they were Lutherans, who had fled from op-izes a deviation from the established practice of pression in that country; that they were mostly selling public lands-it is a change of principle. cultivators of the vine, and wished an extension I do not wish to see so great a body of foreigners of the usual time for paying for public lauds, they settled together; we shall have a little Wirtem FEBRUARY, 1806. Indiana Territory. H.OF R. berg; we must legislate for them; they cannot per acre. I move to strike out two, and insert speak our language; they cannot serve as jury-three dollars per acre. men. and from the information I have received, I am confident they will not proceed in cultivating the vine in that country. Mr. BEDINGER.-I am a shareholder in a vineyard in Kentucky, and our success has exceeded our most sanguine expectations. Mr. MACON.-In order to try the sense of the committee, I move to strike out the words "George Rapp and his associates." Why should we not grant bounties for raising wheat or corn as well as the vine? If wine can be made here to advantage, there is no need of the encouragement of this House. A few years since we raised no cotton, but the profit of this culture once known, it has become an article of vast exportation. What claim have these aliens over our own citizens? They have been oppressed; put your finger on any spot of Europe that is not under oppression. If you commence this new system, all the best sections of land will be taken up in this manner. Who will not purchase on such terms? Mr. Lyon.-Lands not belonging to the public may be had for less than one dollar an acre in many places. Mr. OLIN.-We have men that can cultivate the vine as well as those foreigners. It is a plain, simple thing. Mr. JACKSON.-If disposed to grant favors, let us grant to those who have the greatest claim. There are many old soldiers of the Revolution. who would rejoice to purchase land on these terms. Why encourage the making of wines? They are luxuries, not necessaries. Lands on the Ohio are from six to eight dollars in many places; this bill gives the petitioners their choice of the best, and they pay no interest for their purchase, at two dollars. Mr. SLOAN. This bill will enhance the value of lands adjoining. It will be a humane act. Mr. JACKSON. I rise merely to state a fact I have just now learned. There are at this very time men waiting for the passage of this bill, who are ready to give six dollars per acre for much of the very land the bill contemplates. Mr. HOLLAND.-Some small tracts only may sell for six dollars. We bind the purchasers to plant the first year 9,000 plants, and 3,000 annually after. Mr. MORROW, of Ohio.-I rise only to reply to the gentleman from Virginia, (Mr. JACKSON.) I never seek for information in the lobby, nor the gallery, nor Pennsylvania avenue. The gentleman is misinformed. Mr. JACKSON. My authority is an honorable member near me an authority at least as respectable as any the gentleman from Ohio can have. The question was taken-50 for striking out, 51 against it. The Committee rose, and the House considered the bill. Mr. CROWNINSHIELD.-There is no interest to be received. I have made a calculation that, considering the want of interest to the time of the last payment, we now get only ninety-seven cents The motion was lost-44 only for it. Mr. CROWNINSHIELD-There are in a section about 23 000 acres, making 46,000 dollars. I move to insert six per cent. interest till paid. Mr. NICHOLSON.-Public lands are sold without interest for a certain time. If the money be not punctually paid, I am willing the debt should be on interest after. Mr. JACKSON.-I move to postpone the consideration of the bill indefinitely. The ayes and noes were called for, and taken on this motion-yeas 53, nays 59. Mr. CROWNINSHIELD's motion for the insertion of interest was lost-52 to 49. Mr. D. R. WILLIAMS moved the insertion of two instead of six years for payment of the land. Motion lost-54 to 45. The bill passed to a third reading for to-morrow. FRIDAY, February 14. An engrossed bill for the relief of the Governor, Judges, and Secretary. of the Indiana Territory, was read the third time and passed. Mr. SLOAN, from the committee to whom was referred the bill imposing a duty of ten dollars on every slave imported into the United States reported a bill, with sundry amendments. The principal feature of the amended bill is a provision, in the case of smuggling slaves into the State of South Carolina, that the Secretary of the Treasury shall be authorized to remove them into some other State and hire them out for a term of years. Mr. JACKSON moved to reject the bill. This motion, after a short debate. was negatived, and the bill referred to a Committee of the Whole. INDIANA TERRITORY. Mr. GARNETT, from the committee appointed on the eighteenth of December last, to whom were referred the report of a select committee on the letter of William H. Harrison, made the seventeenth of February, eighteen hundred and four; a memorial of the Legislative Council and House of Representatives of the Indiana Territory, and several petitions of sundry inhabitants of the said Territory; made the following report: That, having attentively considered the facts stated in the said petitions and memorials, they are of opinion that a qualified suspension, for a limited time, of the sixth article of compact between the original States and the people and States west of the river Ohio, would be beneficial to the people of the Indiana Territory. The suspension of this article is an object almost universally desired in that Territory. It appears to your committee to be a question entirely different from that between slavery and freedom, inasmuch as it would merely oc casion the removal of persons, already slaves, from one part of the country to another. The good effects of this suspension, in the present instance, would be to accelerate the population of that Territory, hitherto retarded by the operation of that article of compact, as slaveholders emigrating into the Western country might then indulge any preference which they might feel for a settlement in the Indiana Territory, instead of seeking, as they are now compelled to do, settlements in other States or countries permitting the introduction of slaves. The condition of the slaves themselves would be much ameliorated by it, as it is evident, from experience, that the more they are separated and diffused, the more care and attention are bestowed on them by their masters, each proprietor having it in his power to increase their comforts and conveniences in proportion to the smallness of their numbers. The dangers, too, (if any are to be apprehended,) from too large a black population existing in any one section of country, would certainly be very much diminished, if not entirely removed. But whether dangers are to be feared from this source or not, it is certainly an obvious dictate of sound policy to guard against them, as far as possible. If this danger does exist, or there is any cause to apprehend it, and our Western brethren are not only willing but desirous to aid us in taking precautions against it, would it not be wise to accept their assistance? We should benefit ourselves, without injuring them, as their population must always so far exceed any black population which can ever exist in that country, as to render the idea of danger from that source chimerical. Your committee consider the regulation, contained in the ordinance for the government of the Territory of the United States, which requires a freehold of fifty acres of land as a qualification for an elector of the General Assembly, as limiting too much the elective franchise. Some restrictions, however, being necessary, your committee conceive that a residence continued long enough to evince a determination to become a permanent inhabitant, should entitle a person to the rights of suffrage. This probationary period need not extend beyond twelve months. FEBRUARY, 1806. 1. Resolved, That the sixth article of the ordinance of 1787, which prohibits slavery within the Indiana Territory, be suspended for ten years, so as to permit the introduction of slaves, born within the United States, from any of the individual States. 2. Resolved, That every white freeman of the age of twenty-one years, who has resided within the Territory twelve months, and within the county in which he claims a vote, six months immediately preceding the election, shall enjoy the rights of an Elector of the General Assembly. 3. Resolved, That the petition of certain settlers in the Indiana Territory, praying to be annexed to the State of Ohio, ought not to be granted, 4. Resolved That it is inexpedient, at this time, to grant that part of the petition of the people of Randolph and St. Clair which prays for a division of the Indiana Territory, 5. Resolved, That so much of the petition of the Legislative Council and House of Representatives of the Indiana Territory as prays that the two sections may be united into one State Government, ought not to be granted. Referred to a Committee of the Whole on Thursday next. SOCIETY OF HARMONY. The bill allowing George Rapp and his associates to locate a township of land in the Indiana Territory on certain conditions, was read a third time. Mr. CLARK moved to recommit the bill to the Committee on Public Lands. The bill wants several amendments. There is no penalty, should the petitioners neglect to plant the vines. Mr. JACKSON.-I second the motion of my col The petition of certain settlers in the Indiana Ter-league. These public lands formerly belonged to ritory, praying to be annexed to the State of Ohio, ought not, in the opinion of your committee, to be granted. It appears to your committee that the division of the Indiana Territory, in the manner directed by the ordinance of 1787, and for which the people of Randolph and St. Clair have petitioned your honorable body, would be inexpedient at this time, The people of the two sections have lately entered into the second grade of government, the whole expense of which would fall on the people of one section, if a division were now to be made. This, in the opinion of your committee, would be neither politic nor just. But, although a division of the Territory appears improper at this time, we think it should be made as soon as the population of either section has increased so far as to entitle them to form a State Government. The petition which prays that such a Government may be formed, by uniting the two sections as soon as their inhabitants shall have augmented so far as to authorize it, your committee conceive ought not to be granted. A Territory, when once erected into a State, cannot be divided or dismembered without its own consent; the formation, therefore, of two States out of this Territory, originally intended by the ordinance of 1787, could not constitutionally be effected, if the two sections were once permitted to form one State, without the consent of that State, however necessary the extent and population of that Territory might render such division. the State of Virginia; when ceded by that State, the Government of the United States were made trustees" for the common benefit of the Union; faithfully and bona fide for that use, and for no other," to use the words of the act granting the and the United States; we are in the place of cession. This is a contract between Virginia trustees; we cannot violate the trust, yet this mode of selling the land for the benefit of individual foreigners is a violation of the trust. This precedent will be quoted hereafter, and will operate most injuriously. Notwithstanding what the gentleman from Onio (Mr. MORROW) has said, I cannot help saying, that there are men ready at this time to give six dollars per acre for this very land, or land of this description. This bill will give them a whole township, 23,000 acres of land of the first quality. I cannot conceive the cultivation of the vine as a national benefit, as being "for the common benefit of the Union." It will diminish the revenue, should vines be raised in abundance here. Wine is heavily taxed, and the tax is paid by the rich. I am altogether opposed to the bill. Mr. SMILIE. A new argument indeed is brought forward by the gentleman from Virginia. We can hardly turn round without somehow invading the rights of Virginia. If we talk of building a After attentively considering the various objects de-bridge or erecting a dam, at once the rights of sired in the memorials and petitions, the committee re- Virginit are invaded. If we wish to dispose of spectfully submit to the House the fo.lowing resolutions: some of our public land in the West as we think proper. the rights of Virginia are invaded. Virginia claimed lands stretching to the north pole; she took what she wanted, and gave a quit claim to the United States for the rest. Some of the House think this sale, this indulgence in the payment for the purpose of introducing the cultivation of the vine, and of serving these worthy foreigners, will be "for the common benefit of the Union;" some think otherwise; it is merely a matter of opinion, and a majority of opinion must decide. Mr. MORROW.-There are some small tracts of land, on which what are called squatters are settled, and where already improvements have been made, which would sell for four or six dollars per acre; but I doubt whether any township of land would sell for two dollars, even with the usual instalments. Mr. PARKE, of the Indiana Territory. Even in the settled parts of the Territory, lands are not above three dollars. Mr. LYON. The price of lands is various. I know of 200,000 acres of land on the Wabash, which is offered for sale at twenty cents per acre; yet I have given fifty dollars per acre for several acres near me, which I much wanted. H. OF R. on lands for sale in different parts of Kentucky, Tennessee, Ohio, &c. This distribution would be unfair, as Massachusetts has not lands for sale, except perhaps in the district of Maine; hence that State would be deprived of the advantage it might obtain by an improvement of its piety and morality from a distribution of a part of this society among the citizens of that State. I know not why the sale of this land, according to the terms of the bill, should be considered as not conducing to the good of the nation. We have given lands for colleges and schools, and for the support of clergymen; we have also sold lands, the proceeds of which were to be expended for the improvement of roads-roads by which the publie at large would be benefitted, though the citizens of Maine or Georgia might never travel them. The bill was recommitted to a Committee of the Whole-62 to 53, and made the order of the day for Monday next. MONDAY, February 17. The House resolved itself into a Committee of the Whole on the bill declaring the town of Jersey, in the State of New Jersey, to be a port of deliv ery; and for erecting a light-house on Wood Isl and, or Fletcher's Neck, in the State of Massachusetts. The bill was reported without amendment, and ordered to be engrossed, and read the third time to-morrow. Mr. ELY.-Gentlemen have said that poor lands were proper for the vine. It may be so; but the petitioner and his associates mention also the raising of hemp, which requires the best bottom lands. I am far from wishing to discourage these settlers; but they are already among us, and will A memorial of the Chamber of Commerce, of not leave this country. They are represented to the town of New Haven, in the State of Connectibe, (and I fully believe the representation,) men cut. signed by Henry Dagget, their President, was of piety and morality; the United States are not presented to the House and read, setting forth beyond improvement in piety and morality; in- their surprise and solicitude at the embarrassment stead of putting them in one, and that a far dis- to which the commerce of the United States is tant place, let them be scattered over the Union. subjected, by the new assumed principles and doc. that all parts may be benefitted. Such a body of trines of the admiralty courts of Great Britain, as men, of one sect, of one language, will wish to well as from the depredations of lawless free bootseclude itself from the rest of the Union; they ers, and the unwarrantable impressment of our seawill wish what this bill gives them, and what I men; that, impressed with the necessity of measthink injurious, an exclusive territory. We are ures for defence, which shall be firm but temperate, deviating from our common usage in the sale of and bold, yet marked with a spirit of conciliation, land. Is the deviation necessary or proper? Gen- they are ready and desirous to give aid and suptlemen have said they were flying from oppres-port to every measure of Government calculated sion to this land of liberty; liberty was their object; a republican Government; yet it appears that when they left Wir.emberg, their expectation and intention was to settle in Louisiana, then under the Spanish Government. The bill obliges them to plant a certain number of vines; perhaps the expense of this will not be $100, and there is no forfeiture even if they should refuse to comply. It may prove a fine speculation for them; they may get perhaps the finest land and the best saft lick in the territory. Mr. NICHOLSON, (after recapitulating the arguments previously adduced:) I have no objection to the settlement of the applicants in one body; nor can I see any probable evil resulting from it. The gentleman from Massachusetts has informed us that the people of the United States are bad enough, and that the distribution of this society over the whole States might prove advantageous to the Union; if not in one body, they must settle to accomplish this important object.-Referred to the consideration of a Committee of the Whole on the state of the Union. The House resolved itself into a Committee of the Whole on the report of the Committee of Claims, to whom was referred the petition of William Breck, junior. The Committee rose and reported a resolution thereupon; which was twice read and agreed to by the House, as follows: Resolved, That provision ought to be made, by law, for the payment of expenses incurred in bringing to the United States, by order of the American Consuls, the mutineers on board the ship Ulysses; and for the adjustment of the claims made by individuals who may have performed that service. Ordered, That a bill, or bills, be brought in, pursuant to the said resolution; and that the Committee of Claims do prepare and bring in the same. The House resolved itself into a Committee of |