FEBRUARY, 1821.

WEDNESDAY, February 21.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act to amend an act, entitled 'An act to incorporate the subscribers to the Bank of the United States;" and a resolution proposing the appointment of a joint committee to wait upon the President of the United States, and inform him of his re-election to that office, and have appointed a committee on their part; in which bill and resolution they ask the concurrence of this House.

On motion of Mr. CLAY, the report of the Secretary of the Treasury, made on the 8th instant, in the case of James Morrison, concerning his advances to Colonel Buford, together with the additional documents presented by him on the 19th instant, was recommitted to the Secretary of the Treasury, with instructions to report thereon to the House of Representatives at the next session of Congress.

The SPEAKER laid before the House a letter from the Secretary of the Treasury, communicating the information required by the resolution of the 15th instant, on the subject of bounties and allowances paid to fishing vessels, and the quantity of salt imported, and not re-exported with benefit of drawback, and amount of duties thereon; which letter and statement were read, and ordered to lie

on the table.

The bill from the Senate, amendatory of the charter of the Bank of the United States, was twice read and committed.

Mr. SERGEANT, from the Judiciary Committee, to whom was referred the bill from the Senate, to establish an uniform system of bankruptcy throughout the United States, reported the same without amendment; and, on motion of Mr. SERGEANT, the bill was ordered to lie on the table, with a view to being called up thereafter.

Mr. SERGEANT, from the same committee, reported the following resolution:

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That where any State or States, having complied with the recommendation of Congress in the

resolution of the 23d of September, 1789, shall have withdrawn, or shall hereafter withdraw, either in whole or in part, the use of their jails for prisoners committed under the authority of the United States, the marshal in such State or States, under the direction of the judge of the district, shall be, and hereby is authorized and required, to hire a convenient place to serve as a temporary jail, and to make the necessary provision, until provision shall be made by law for that purpose,

and the said marshal be allowed his reasonable ex

penses incurred for the above purposes, to be paid out of the Treasury of the United States.

The resolution having been briefly explained by Mr. SERGEANT, to have become necessary by the recent proceedings of the State of Ohio, was ordered to be engrossed for a third reading without a division.

Mr. CLAY rose to give notice to the House, that he should on to-morrow make a motion, the ultimate object of which was the declaration of the admission of the State of Missouri into the Union.

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Mr. Wood, from the Committee on the Public Buildings, who were instructed to inquire into the practicability of more effectually ventilating the Hall of the House of Representatives, made a report thereon; which was read, and the resolution therein submitted concurred in by the House, as follows:

Resolved, That the Commissioner and the Architect of the Public Buildings be instructed to take measures more effectually to ventilate the Hall of the House of Representatives by the next session of Congress, either by tubes communicating with apertures in the body of the Hall, or in such other way as may, on further inquiry, be deemed more advisable.

On motion of Mr. STORRS, a committee was appointed, jointly with such committee as may be appointed by the Senate, to inquire and report what subjects before the two Houses are proper to be acted on during the present session of Congress; and Messrs. STORRS, SERGEANT, and BARBOUR, were appointed the committee on the part of this House.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act further to establish the compensation of the officers employed in the collection of duties on imports and tonnage, and for other purposes;" in which they ask the concurrence of this House.

The resolution from the Senate for the appointment of a joint committee to wait on the President of the United States, and notify him of his re-election to the office of President of the United States, was read, and agreed to by the House; and Messrs. SMITH, of Maryland, and Eustis, were appointed of the committee on the part of this House.

CAPTAIN TUCKER.

On motion of Mr. ALLEN, of Massachusetts, the House agreed to reconsider the vote, whereby the bill granting a pension to Commodore Samuel Tucker was yesterday rejected.

The bill was amended, so as to reduce the proposed annuity to the rate of $20 per month; and, the question being put on ordering the bill, so amended, to be read a third time, it was decided by yeas and nays: For the third reading 70, against it 70, as follows:

YEAS-Messrs. Adams, Allen of Massachusetts, Allen of New York, Baldwin, Bateman, Bayly, Beecher, Brush Campbell, Case, Clark, Clay, Crowell, Culpeper, Cushman, Dane, Darlington, Dennison, Edwards of Pennsylvania, Eustis, Fay, Folger, Ford, Forrest, Fuller, Gorham, Guyon, Hackley, Hemphill, Hendricks, Herrick, Hill, Hobart, Kendall, Kinsley, Kinsey, Lathrop, Lincoln, Maclay, McCreary, McCullough, Mallary, Meech, Meigs, Mercer, Monell, S. Moore, Moseley, Murray, Neale, Nelson of Virginia, Newton, Parker of Massachusetts, Pinckney, Pitcher, Reid, Rogers, Russ, Silsbee, Simkins, Sloan, Smith of New Jersey, Street, Strong of Vermont, Swearingen, Tucker of Virginia, Udree, Walker, Wallace, and

Whitman.

NAYS-Messrs. Alexander, Allen of Tennessee, Anderson, Archer of Maryland, Archer of Virginia, Baker, Ball, Barbour, Blackledge, Boden, Bryan, Buffum, Cannon, Clagett, Cobb, Cocke, Crafts, Culbreth, Cuth

bert, Dewitt, Earle, Eddy, Edwards of North Carolina, Floyd, Foot, Garnett, Gray, Gross of Pennsylvania, Hall of New York, Hall of North Carolina, Hardin, Hooks, Hostetter, Jackson, Johnson, Kent, Livermore, McCoy, McLean of Kentucky, Marchand, Metcalf, R. Moore, Parker of Virginia, Patterson, Phelps, Philson, Plumer, Rhea, Richards, Richmond, Robertson, Ross, Shaw, A. Smyth of Virginis, Smith of rell, Tomlinson, Tompkins, Tracy, Tucker of South Carolina, Tyler, Wendover, Williams of Virginia,

North Carolina, Southard, Stevens, Storrs, Tarr,

Williams of North Carolina, and Wood.

The votes being equal, the SPEAKER voted in the affirmative. So the bill was passed, and ordered to be read a third time to-morrow.

MISSOURI.

Mr. BROWN, Of Kentucky, submitted for consideration the following resolution:

Resolved, That the Committee on the Judiciary be directed to inquire into the expediency of repealing

the 8th section of the act of Congress, approved March 6, 1820, entitled "An act to authorize the people of the Missouri Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and to prohibit slavery in certain Territories;" said 8th section imposing a prohibition and restriction upon the introduction of slaves in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of 36 degrees 30 minutes north latitude, not included in the State contemplated by that

act.

On submitting the resolution, Mr. BROWN addressed the Chair as follows:

Mr. Speaker: I rise, with unfeigned reluctance, to present to the consideration of this honorable body the resolution which I hold in my hand, with a concise statement of the views upon which it is founded. Nothing short, sir, of an imperative sense of duty would have influenced me, at this late day of the session, to have consumed one moment of that time which has become so important to the interest of this nation. I have been imboldened to ask your attention, and that of the honorable body over which you preside, from a reflection that a few days more will close my Congressional labors, probably forever, and that, up to this period, I have been sparing of your time, and do not expect again, while I remain on the floor, to ask your indulgence.

Mr. Speaker, while taking leave of those with whom it has been my honor to be associated in the councils of the nation, I feel a pleasure which I cannot suppress, at the recollection that there has prevailed between myself and them entire personal respect, and as much harmony and friendship as has been at all possible, considering the embarrassing and distracting subject which has haunted us, by day and by night, from the beginning to the end of each session; and I can say, with an approving conscience, that I have not malice or ill will against any. Sir, while indulging this pleasing train of reflection, an unpleasant occurrence of the last session intrudes itself upon my mind; and I cannot fail to do what I consider an act of justice towards an honorable and vener

FEBRUARY, 1821.

able member from New Hampshire, (Mr. LIVERMORE,) the only person towards whom I have been betrayed into an illiberal expression. Designing to be ever prompt in the protection of my own feelings, I hope Ís shall always be inclined, when convinced of having unwarrantably assailed the feelings of another, to make reparation. The occasion has passed by; the honorable member and myself are, and have been during this session, upon good terms; but the injury, it deserve the appellation, was a public one, from this seat; and before I leave it, I will use it to do as ample justice. During the fermentation of the last session, under the influence of excitement from this miserable subject, in some remarks made by me to the House, I attributed to the gentleman what I then believed an attempt, with an unworthy view, to operate upon the minds of members. During the present session I have had an opportunity, and have used it, to become better acquainted with that honorable gentleman, and I have found him an useful, fair, and liberal member, and an agreeable associate; and, had further evidence been wanting, a late occasion has afforded it. After

the resolution for the admission of Missouri into the Union had been rejected by about three votes, it was believed by his friends that, if several members who were accidentally out of their seats had voted, Missouri would have been admitted. This gentleman, although opposed to them on the resolution, to afford an opportunity of a fair and full trial of strength, moved and obtained a reconsideration; and, although the result did not justify our expectations, I accord most heartily to the gentleman the reward of my humble applause for his magnanimity; and I am now free to say, that I did him injustice in the imputation of the last session.

Having closed, Mr. Speaker, my affairs with the House, I now proceed to prepare for a settlement of the account with my conscience and my constituents. Sir, this is the more necessary when I assure you that I came here upon their feelings of good will and indulgence, more than upon an exercise of their judgments; and that, having thought it prudent to decline a re-election, they still bore evidence of a continuation of their kindness, by uttering some expressions of regret. I feel grateful for their favors, and my highest ambition, on leaving the disturbed theatre from which I retire, is to maintain their good opinions and wishes. Í made them no vain promises of doing, or attempting to do, much; but I did promise to be faithful and zealous in watching over and preserving their best interests, as far as my humble qualifications should enable me to do. Owing, sir, to that credulity incident to sincerity and inexperience, I feel myself constrained to acknowledge my co-operation in so managing the subject of Missouri and restriction, as to have inflicted upon their interest an extensive injury. My object is to regain for them, by following up the purpose of this resolution, a part of what has been lost by mismanagement; but, should I fail in this, I shall gain the consolation of having done my duty. The object of this resolution I never should have favored; so

far from it, that I should have felt myself dishonored by giving it support or encouragement, had not faith been broken by the other party to the compact, and Missouri been rejected. This having been done, I feel myself at liberty-nay, more, I feel it my imperative duty to offer this resolution. I will state that, at the solicitation of a friend from Pennsylvania, (Mr. BALDWIN,) I have been already induced, for a short time, to delay the introduction of the resolution, upon the ground that the majority would probably originate some measure by which Missouri would be admitted before Congress adjourned, and that it might, by some, be construed into a menace. Having no such design, feeling a high confidence in the good will and judgment of my friend, and wishing not to disoblige him, I have yielded to him in making some delay. If, sir, I have any trait in my character more prominent, and in which I feel more pride than others, it is that of sincerity. I happily feel a contempt for one who endeavors to beget impressions, and raise expectations, without an intention of supporting and realizing them. I have but little charity for the man who falls below his boasted feats and purposes. I acknowledge that I can see no good ground for an expectation that any thing further can now be done. The few remaining days of the session are fast whiling away, and I contemplate leaving here before its close. The minority, sir, have urged peace and good will, and have acknowledged and cringed, until I feel myself driven to the wall, and my feelings outraged. There is a point beyond which importunity deserves reproach; and gentlemen should recollect that there is danger even in pressing humility, itself, too far. She might at length raise her lowly head, and bring dismay upon her oppressors. Should the majority relent, and admit Missouri into the Union, I shall be satisfied; otherwise, (and should I not be upon this floor when this resolution can be taken up,) I wish it brought before Congress, and gentlemen will do me the favor to recollect such of my views as they may think deserving consideration; and also further recollect, that have laid by the tone of plication, and demand its adoption as due to faith, to honor, and to right.

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Mr. Speaker, knowing no wish incompatible with the perpetuity, the happiness, and tranquillity of the Union, I have, upon every subject brought before Congress, consulted the good of the whole, without regard to the class of individuals or section of country from which it proceeded; whether merchants, manufacturers, or farmers: from the North, or from the South: from Maine, in the East, or Missouri, in the West, has been the same thing to me; I have not permitted myself to inquire who they were, or where from; and, for the few days that I shall yet remain with you, I will pursue the same wide and liberal policy; and that, too, whether called to act upon navigation acts, for the benefit of commerce; tariff laws, for the benefit of agriculture and manufactures; bankrupt bills, called for by our merchants of the East; or relief land laws, loudly required by our Western friends of Ohio, Indiana, and Illinois. And, sir, I

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will take this as the last occasion which I shall have, to say, that, had I remained in Congress, I would have pursued the same policy until every impartial man in the nation should have said, nay, until the marble columns themselves, that stand in stately pride around us, should have acknowledged that my feelings and desires of good will were not reciprocated; and thatsectional feelings and views had usurped the habitation of those which warmed into life and usefulness our happy Constitution. And after becoming thus satisfied, that kind offices, persuasive arguments, and solid reasoning, were appealed to in vain, I frankly acknowledge that I know of no course left more likely to avoid greater evils, than a mild, but unvarying system of retaliation; under the operation of which, different classes and sections of the United States might become convinced, from appeals to their interest, that mutual kindness and a reciprocal spirit of concession ought to influence our councils: begetting a due and tender respect to the interest, the principles, the wishes, and even the prejudices of all classes and portions of our great national family Before I advance to the investigation of the merits of the resolution, I owe it to my colleague, (Mr. CLAY,) who is also my friend and messmate, to explain why, having communicated to several others my design of proposing this resolution, I have carefully avoided mentioning the subject to him, though in daily habits of intimacy, and although I have no friend, living, whose approbation I more highly prize. My mind has been made up, after much reflection, upon the purpose of this resolution, so soon as it should be decided that Missouri was not to be admitted into the Union; that decision has already taken place, and there is not, apparent to me, any reasonable ground for expecting its reversal here. My colleague, (Mr. CLAY,) who has labored arduously and zealously to settle this question, and tranquillize the Union, is not willing yet to despair; he indulges the hope that something may still be done. Had I communicated my design to him, I thought it likely that he might advise the withholding it, yet longer; and admonished and determined against further delay, by a recollection of the early close of my privilege on this floor, and the still earlier day at which circumstances required me to leave it, I have thought it better to proceed, without the possible approbation of my colleague, than against his probable advice.

But, Mr. Speaker, there is a peculiar aptness between the subject which I propose for your consideration and the remnant of the session; let it be recollected, that two sessions have been wasted away in the fruitless discussion of propositions relating to Missouri; all parts of the United States and all classes of your citizens have suffered and groaned, without that legislative aid which was required by their wants, and called for by their petitions; while you have denied them your attention, and even withheld from them your sympathy. Sir, there exists a further objection to this untimely effort to despatch the important business of the nation; nearly an equal half of this House, from the South and West, feel themselves and

(Shaw*) have preserved good faith, and have contended and voted for the admission of Missouri, and the fulfilment of the terms of compromise, with such modification of her constitution as obviated the objectionable feature.

Now, Mr. Speaker, upon the principles of eternal justice which govern the intercourse and contracts of individuals, and the negotiation and compacts of communities, states, and nations, I demand of Congress, not for myself, but for one half of the United States, the repeal of this restriction upon the territory west and north of Missouri. The consideration promised for this restriction has not been paid; the plighted faith of Congress for the admission of Missouri has been violated; then take off, at least, the restriction. Give us Missouri without restriction, or place us in the same situation, by taking it off of the territory, in which we were when you entered into the covenant, and gave us the solemn pledge of a law to do so. Sir, the course of the majority can be justified by no principle of reason or sound policy, but must rest, for its support, upon the antiquated doctrines of schoolmen and casuists, of pious fraud; the end sanctifying the means; of doing evil that good may come of it; which, though they have received the reprobation of true moralists, may find a place in the new code of ethics, likely to grow out of these times. Are we to hear it contended, that the furtherance of humanity and religion will justify making the Southern and Western people dupes to your promises and their credulity? Will you sir, (do not misunderstand me, Mr. Speaker, I do not mean you personally, but the House over which you preside,) contend, that the restriction is right and jus just, and that, unimportant how obtained, it ought to be maintained and continued? Sir, if this principle were correct, the conclusion does not follow; I deny your premises, and will proceed to show that the restriction, which I seek to repeal, is unjust unjust, because this immense territory, this fair portion of America, over which the honorable Speaker has said he contemplated with pleasure the numerous States that would hereafter unfurl their banners; this spacious territory was procured by the wisdom, the policy, and the money, of all the States within this Union; each contributed their due proportion of the fifteen, nay, all things considered, nearer twenty millions of dollars towards its purchase; it is, therefore, the common of the United States, into which all should equally have the privilege to enter, to roam, and to sit down. But will it be said that, notwithstanding the restriction against the introduction of slaves, all may now do so? I grant you they may. But we should view and speak of things practically. Will they do so? Sir, I will take occasion to say, that if I have any capacity, capable of being rendered of the smallest use to my country, it results from the humble faculty of viewing things in their practical operation. When you recollect their prejudices dices and habits,

* When this question was again revived, and Missouri admitted, Mr. Hill, of Maine, voted for her ad

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and that slaves constitute the principal fortunes in many of the slaveholding States, will you not grant that the prohibition of slavery in this territory is virtually and practically the exclusion from it of those and their posterity, who have contributed so largely and most largely to its acquisition? Sir, we have jointly toiled and paid to acquire it, but our Eastern friends and their new Western allies now contend, and are likely to obtain, the exclusive enjoyment.

Mr. Speaker, when this Confederation was formed, the characters and rights of the people in the slaveholding States were known, respected, acknowledged, and secured; and now, upon any supposed principle of policy, without their deliberate consent, to destroy or abridge them, deserves the appellation of (what I consider it in fact) an usurpation. I trust I have shown the restriction to be unjust. Sir, the idea of a restriction upon the introduction of slaves into Missouri, or the territory being better for the slaves, seems at length exploded, abandoned, and given up, upon this floor, as untenable. Indeed, it should never have been urged. The permission asked by Missouri, which you have denied, and that now urged by me for the territory, for the liberty to decide for themselves upon the policy of introducing slaves, did not, nor does it now, contemplate an augmentation of one to the number of slaves; not one human being is asked to be reduced to the condition of a slave, who is not so already. So far, sir, is it from being better for slaves with whom you so strongly sympathize, to impose the restriction, that it is manifestly worse for them; impose the restriction, and slaves are thereby kept crowded together in the South; you chain them to their sterile and burning fields, and to their present owners, many of whom have great numbers, and are thereby rendered the less able to provide for them abundantly, and the less disposed to treat them with humanity and indulgence; but give up your unmeaning contest about restriction, and permit slaves to be taken into those extensive and fertile regions of the West, you will thereby disperse them; increase the numbers of owners, and you decrease the number of slaves held by each; the effect of which, and that clear to the view of every practical man, must be to secure more abundant provision and humane treatment, and further to increase the prospects for manumission by masters, and gradual abolition by the State governments. But, sir, I have said, that withholding the restriction increases the prospect for manumissions, because universal experience proves that correct notions of the rights of man and the principles and feelings of humanity are gaining ground, and in proportion as you increase in any section of country the white population over that of the black, you remove the pressure from the growth of those principles and feelings, and increase the quantum of sentiment in favor of the blacks. This encourages, persuades, and excites to manumissions; and has led, and would always lead, to gradual but ultimate abolition. Sir, I am free to declare it as my opinion, the result of some reflection, that if you were to abandon the contest,