DECEMBER, 1816. Supreme Court-New State Proposed. tee on Foreign Relations, reported the following bill: An Act concerning the navigation of the United States. Be it enacted, &c., That, after the day of no goods, wares, or merchandise, shall be imported into the United States, from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or subjects of that country of which the goods are the growth, production or manufacture; or from which such goods, wares, or merchandise can only be, or most usually are, first shipped for transportation: Provided, nevertheless, That this act shall not extend to the vessels of any foreign nation which has not adopted, and which shall not adopt a similar regu lation of commerce. SEC. 2. And be it further enacted, That all goods, wares, or merchandise, imported into the United States, contrary to the true intent and meaning of this act, and the ship or vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo, shall be liable to be seized, prosecuted and condemned, in like manner, and under the same regulations, restrictions, and provisions, as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States, by the several revenue laws. Mr. FORSYTH, from the same committee, also reported a bill supplementary to the act regulating the duties on imports and tonnage, passed 27th of April 1816. These two bills were twice read and referred to a Committee of the Whole. SUPREME COURT. Mr. HUGH NELSON, of Virginia, from the Committee on the Judiciary, reported a bill to provide for the publication of the decisions of the Supreme Court of the United States. [To pay a salary to the Reporter appointed by the Court, provided the decisions of the Court should be published within six months after the adjournment of the Court, and a certain number of copies thereof delivered to the office of State.] The bill was committed. Mr. NELSON, from the same committee, ported the following bill: A bill authorizing the appointment of Circuit Judges, and for other purposes. H. OF R. courts in the respective districts within his circuit and who shall have and possess all the rights, powers, authority, and perform the duties which by law now devolve upon or may be executed by the Justices of the Supreme Courts, as Judges of the Circuit Courts, Circuit Judges shall receive, as an annual salary or within their respective circuits. And each of the said compensation for his services during his continuance in office, the sum of dollars, payable quarter-yearly at the Treasury of the United States. The bill was twice read and committed. NEW STATE PROPOSED. Mr. LATTIMORE, from the select committee appointed on the 9th instant, on the memorial of the Legislature of the Mississippi Territory, praying for admission into the Union as a State, made reported a bill to enable the people of the Missisa detailed report, which was read; when Mr. L. sippi 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; which was read twice and committed to a Committee of the Whole on Thursday next. The report is as follows: The Mississippi Territory contains, according to a census lately taken under an act of the Legislature, and furnished by the Secretary of the said Territory, 75,512 souls; of whom 45,085 are free white persons, 356 free people of color, and 30,061 slaves. By the articles of agreement between the United States and the State of Georgia, it is stipulated that this Territory shall be admitted into the Union as a State when it shall contain 60,000 free inhabitants, or at an earlier period if Congress shall deem it expedient. Hence, it appears that its admission at this time depends, not upon the claim derived from the above-mentioned agreement with Georgia, but upon a liberal policy on the part of the United States. It would seem to be superations of a deficiency of numbers be waived in this fluous in your committee to recommend that considercase, seeing that the House of Representatives have passed three bills, at different periods, for the admission of this Territory, when its population was much smaller than it is at this time. But it becomes a question whether the object of the memorialists can be ultimately attained, or ought to be attained, in the way in which it is asked. It will be readily perceived that your committee allude to the obre-jection to the extent of the Territory in question, which the memorialists pray may be embraced within the limits of a single State. Whether such a measure might, in any possible contingency, affect the general interest of the Union, it is possible that a difference of sentiment may exist. Your committee presume that it is not required of them to discuss this question, as it is one on which every member of the House will form an opinion for himself. They will, however, beg leave barely to remark, that they cannot believe a State of such unprecedented magnitude as the one contemplated by the memorialists can be desirable to any section of the United States. In relation to the interest of the Territory itself, it may be more within the province of your committee to give their opinion, with the facts upon which it is formed. Be it enacted &c., That, from and after the day of- next, the Chief Justice and Associate Justices of the Supreme Court of the United States shall cease to be Judges of the Circuit Courts of the United States. SEc. 2. And be it further enacted, That, from and after the day of- next, in lieu of the term now established by law, the Supreme Court of the United States shall be holden at the Seat of Government on the first Monday of December of every year. SEC. 3. And be it further enacted, That, in lieu of the present Circuit Courts, there shall be appointed and commissioned by the President of the United States, a Judge to be called a Circuit Judge, who shall, together with the District Judge, hold the circuit It is deemed unnecessary to calculate how many square miles, or how many millions of acres, the Mississippi Territory contains, as its size is sufficiently apparent from a mere glance at the map. But there are other circumstances of a local nature which are not so obvious to the House, and which, therefore, the committee will proceed to state. There are in this Territory three principal settle ments, which lie, as to their relative positions, somewhat in a triangular form, viz: one, immediately below the thirty-fifth degree of latitude, on the Tennessee river; another, immediately above the thirty-first degree, on the Mississippi; and the other, also immediately above the thirty-first degree, on the Mobile. From the settlement on the Tennessee to that on the Mississippi, the distance is about four hundred miles, all of which is a wilderness, excepting so far as it is settled by the Chickasaw and Choctaw Indians, by whom these immense regions are claimed. From the settlement on the Mississippi to that on the Mobile, the distance is nearly three hundred miles. Here the Indian claim is extinguished; but the intermediate settlements from Pearl river, eastwardly, are insulated and of small extent. From the settlement on the Mobile to that on the Tennessee, the distance is about three hundred miles also; and here, too, the Indian claims are now extinguished to the whole of this extensive and interesting tract of country, which will, no doubt, soon exhibit a flourishing settlement, extending from the Tennessee river to the Gulf of Mexico. Between the Tennessee and the Mississippi settlements, and between the Mississippi and the Mobile settlements, there is not, and probably never will be, any commercial intercourse whatever; but between the Mobile and the Tennessee settlements, such an intercourse cannot fail to take place when the intervening country shall be settled, and its fine navigable streams explored and improved. The whole Mississippi Territory formed into a single State would not only be very inconvenient to a vast majority of those of its inhabitants whose duty or interest might call them to the Seat of Government, but would also prove, in the opinion of your committee, too extensive for its Executive to suppress internal disorders in all parts, and repel external invasions at all points, with necessary promptness, energy, and effect. But another objection to an entire admission of the Territory arises from the want of a continuity of settlement and a reciprocity of interest between its distant parts. The former of these defects might, perhaps, be merely inconvenient; but the latter could not fail to be a permanent source of real evil to the legislative councils of the country, and, of consequence, to the community at large. Your committee need not express their apprehensions in detail, as the House will readily conceive how naturally jealousies would arise, and collisions ensue, amongst the representatives of a people inhabiting different regions, having distinct local interests, and entertaining opposite views. There is much cause to fear that, in such a state of things, sectional feelings would prevail over principles of justice, and local policy over the general good. From the above view of the subject, your committee are of opinion that the Mississippi Territory should be divided by a north and south line, for the purpose of erecting the same into two separate and independent States. In proposing this measure, they feel no little reluctance in doing it, in opposition to the wishes of a great portion of the people of the Territory; and this reluctance would be more difficult to overcome, but for the consideration that there is, on the other hand, a great portion also of the same people who are in favor of the measure proposed. This is, probably, a ques DECEMBER, 1816. tion on which these people would never agree amongst themselves; and hence the necessity of the parental interposition of the General Government to decide it for them in such a way as may be best adapted to their local interests, and not incompatible with the interest of the United States. But, in recommending a division of this Territory, your committee beg leave to suggest such a plan of division as will not probably retard the admission of either part beyond the period at which its inhabitants would be entitled to a State government, in virtue of the agreement between the United States and the State of Georgia. As there is already west of the line of division which will be proposed a population that would be entitled to one Representative in Congress, on the federal principle of representation, and according to the present apportionment, your committee respectfully recommend the immediate admission of this western part of the Territory, and the establishment of a separate Territorial Government for the eastern part, until it also may be entitled, on the same principle, to the rights of a State. With respect to the line of division, it is natural that the citizens of the Territory should, according to their respective local situations, entertain a variety of conflicting opinions, and cherish a diversity of opposite hopes. It was a question of some difficulty with your committee; and their decision is the result of a disposition to do equal justice to the present inhabitants, to provide for the convenience of future settlers, and to promote the interest of the whole. The line which the committee propose for the consideration of the House is designated in the two bills which they have prepared for the purposes herein recommended, and which they ask leave to report. DECEMBER, 1816. Internal Improvement-Vaccination-Soldiers' Orphans. INTERNAL IMPROVEMENT. Mr. CALHOUN, of South Carolina, from the committee to whom the subject was referred, reported the following bill: H OF R. Mr. CONDICT, of New Jersey, then moved to amend the bill so as to add an allowance for stationery and printing, provided the same do not exceed one hundred and fifty dollars." Negatived. After some further proceedings, the committee rose and reported the bill to the House; and it was ordered to be engrossed for a third reading. A Bill to set apart and pledge, as a permanent fund for internal improvements, the bonus of the National Bank, and the United States share of its dividends. Be it enacted, &c., That the United States' share of the dividends of the National Bank, and the bonus for its charter, be and the same are hereby set apart and permanently pledged as a fund for constructing roads and canals; and that it be subject to such specific ap-on Commerce and Manufactures were instructed propriations, in that respect, as Congress may hereafter make. SEC. 2. And be it further enacted, That the said fund be put under the care of the Secretary of the Treasury for the time being; and that it shall be his duty, unless otherwise directed, to vest the said dividends, if not specifically appropriated by Congress, in the stock of the United States; which stock shall accrue to, and is hereby constituted a part of said fund for constructing of roads and canals. SEC. 3. And be it further enacted, That it shall also be the duty of the said Secretary, unless otherwise directed, to vest the bonus for the charter of the said bank, as it may fall due, in the stock of the United States; and also to lay before Congress, at their annual session, the condition of the said fund. The bill was twice read and committed. VACCINATION. The House then, on motion of Mr. CONDICT, of New Jersey, resolved itself into a Committee of the Whole, on the bill further to encourage vaccination. [The bill prescribes certain duties to be performed by the agent for vaccination, such as furnishing matter and instructions to the Army and Navy, and annually to every post office in the United States; and provides that the agent shall for his services receive a salary from the Government.] The bill passed on without debate, until that part of the bill came under consideration, which designates the amount of the salary to be allowed to the agent. Mr. CONDICT moved to fix the salary at $2,000; Mr. HAHN, of Pennsylvania, moved $1,500; and Mr. Ross, of Pennsylvania, 1,000. The question having been taken on $2,000 was decided in the negative. Messrs. COMSTOCK, of New York, WOODWARD, of South Carolina, CONDICT, and SOUTHARD, of New Jersey, supported $1,500, at some length, by arguments having reference to the labor and great importance of the services required; and Mr. Ross, of Pennsylvania, opposed it, on the ground of its being more than sufficient compensation for an officer who could at the same time pursue his own profession. Mr. TAYLOR, of New York, also supported $1,500, in a decided speech, grounded on the incessant care and labor, and arduous duties, to be devolved on this officer. Mr. TAYLOR moved to fix the salary at $1,800. This motion was negatived by a small majority. The question was taken on $1,500, and decided in the affirmative. TUESDAY, December 24. On motion of Mr. HARRISON, the Committee to inquire into the expediency of making provigoods, wares, and merchandise, brought from any sion, by law, to authorize the importers of any foreign port or place into the port of New Orleans, and destined for Cincinnati, in the State of Ohio, to give bond for the payment of the duties on such goods, wares, and merchandise, made payable to the collector to be appointed at Cincinnati; which bonds shall specify the usual terms of credit, to commence from the time of arrival, on delivery of such merchandise at that place; and that the committee have leave to report by bill or otherwise. The House resolved itself into a Committee of the Whole, on the bill for the relief of Henry Malcolm, to which Committee of the Whole had also been committed, the "bill directing the disthe bill directing the discharge of Nathaniel charge of John Ricaud from imprisonment," and Taft from imprisonment." The bills were reported without amendment. The bill first mentioned was ordered to lie upon the table, and the two latter to be engrossed and read the third time on Thursday next. The bill for the relief of William Haslett, passed through a Committee of the Whole, and was ordered to be engrossed, for a third reading. Some time was spent in discussing the bill diTennessee; and, after it had progressed, on morecting the opening a road from Reynoldsburg in tion of Mr. WEBSTER, after a considerable debate, it was ordered to lie on the table. [Mr. WEBSTER, lay the bill on the table, on the ground that it Mr. CALHOUN, and others, advocated the motion to would be improper to act specially on any particular road, whilst a general bill on the subject was yet likely to pass at the session. By Messrs. MCLEAN, of Kentucky, REYNOLDS, ROBERTSON, and HARDIN, the particular friends of the bill, the motion was strongly opposed, on the ground that the road did not come under the general class of roads and other internal improvements, being one of necessity, no road now existing there, and being indispensable to enable the boatmen from New Orleans, and others to return home by anything like a direct track.] EDUCATION OF SOLDIERS' ORPHANS. Mr. ROBERTSON, of Louisiana, rose to propose an inquiry into the expediency of a measure, which, if adopted, would tend to make the institution for military education at West Point more honorable, and perhaps more useful to the nation. He did not mean to enter at all into the course pursued in regard to that academy, either as it respected the Government or the persons employed: but as the institution exists, he meant to make a proposition, which would render it more creditable to the United States than it is at present, however well managed. If youths were to be educated at the public expense, Mr. R. said he should like to see some rule established by which those should receive this privilege who had some claim to it. He did not wish the institution to be filled by the sons of the influential and the wealthy only. He should greatly prefer a moderate degree of education, to be equally diffused among all the members of the community, to any excess, in the possession of a few: he would rather that every man in the nation should understand his native language, and a few of the necessary rules of arithmetic, than that literature, of however high degree, should be exclusively possessed by some dozens of persons, scattered over the United States, It appeared to him, that by establishing institutions as now contemplated, we began at the wrong end of society. The erection of such institutions rather shows the ostentation of the Government than its benevolence or wisdom-remarks, however, which, he said, belonged to a question which might arise during the session, but was not now before the House. DECEMBER, 1816. lic; but, on the other hand, said he, let us take from them one of their fears; for they know that, in battle, the ball that deprives them of existence, takes from their sons what is dearer to them, all prospect of education and correct morals. Under these impressions, Mr. R. said, he ventured to propose the following resolution: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of educating, in the Military School at West Point, the sons of all officers, non-commissioned officers, and privates, who have fallen in the late war, fighting the battles of their country. Mr. TALLMADGE, of Connecticut, suggested to the honorable mover the expediency of modifying the terms of his motion, so as that, if more academies should be created, all might stand on the same footing. To which Mr. ROBERTSON consented; and also, at the suggestion of Mr. HARRISON, of Ohio, so modified his motion as to strike out the words "in the late war," so as to make the terms general. The resolve was then agreed to without opposition, VACCINATION. The engrossed bill supplementary to an act for the encouragement of vaccination, was read a third time. Mr. CADY, of New York, opposed the passage of the bill, as contemplating an interference by the United States in the duty of the States. He had never heard, he said, that the State of New York, or any other State, had been so unmindful of the health of the people, as that Congress ought to take it into their charge. So far as respected the Army and Navy, the United States ought to act on the subject; but, for the rest, it ought to be left to the State Legislatures. Mr. Ross, of Pennsylvania, required the yeas On reflecting on the question who were best and nays on the passage of the bill. Although he entitled to notice from their Government, the believed he should himself vote for the bill, he mind was at once struck with the impression, that thought it proper that on a bill for the establishthere is one class peculiarly entitled to its justice ment of a salary officer, the people should know and favor. He alluded to the sons of those who who voted for and who against the bill; and he had fallen in the service of their country. Hav-also wished that their constituents should know ing been thus deprived of their parents, they who were at this time present, and who absent ought to find in society a father. If any class from their seats. was entitled to peculiar favor from the country, it was the sons of those who had died in the public service, leaving to their children the inheritance of their bravery and their poverty. It becomes us, said Mr. R., to relieve them from the ignorance and immorality which their situation entails on them, stripped as they are of the essential support which others find in parents who guide and direct their steps. I cannot bear the idea, said Mr. R., that money should be taken from the pockets, even of the indigent, to educate the sons of men of wealth, especially when we find those to whom I have alluded pining in want. I do not know that the sons of the wealthy do fill the academy; I have not inquired, but I hope the fact is not so; that such are not nourished from the public breast, without attention to the claims of others more deserving the public care. Far from me, said he, be the desire to establish any privileged class in this country; before I would consent to do anything so repugnant to my principles, I would forego feelings the most dear to Mr. KING presented a petition of sundry inhabme. He did not consider the motion he was about to make as proposing it; as there was to be itants of Lincoln county, in the District of Maine, no order, no rank, nor anything which could of- complaining of the advantages enjoyed by Britfend the most rigid Republican. Nor did he think ish vessels over vessels of the United States, in that we should run much risk of inducing fathers the commerce carried on between Great Britain to shed their blood too freely for the country, that and the United States, and praying that such they might have their sons educated by the pub-measures may be adopted as will secure to the Mr. TUCKER, of Virginia, moved that the bill should lie on the table. So far from availing themselves of the opportunity of the House being thin, to take the yeas and nays, to show who were not in their seats, if that consideration operated at all, it should be not to take the yeas and nays but to postpone the decision of the question. The bill was laid on the table; and the House adjourned to Thursday. THURSDAY, December 26. shipping interest of this country the advantages to which they conceive it to be entitled, or shall remedy the evils of which they complain.-Referred to the Committee on Foreign Relations. Mr. TALLMADGE, from the committee appointed on the petition of John Delafield, reported a bill for the relief of John Delafield, which was read twice, and committed to a Committee of the Whole. A message from the Senate informed the House that the Senate have passed a bill "for the relief of the heirs of Landon Carter," in which they ask the concurrence of this House. A message was received from the President of the United States recommending to the consideration of Congress the expediency of such further legislative provisions as may be requisite for detaining vessels actually equipped, or in a course of equipment, with a warlike force, within the jurisdiction of the United States; which was read, and referred to the Committee on Foreign Relations. On motion of Mr. JOHNSON, of Kentucky, the Committee on Military Affairs were directed to inquire into the expediency of authorizing the President of the United States to establish a manufactory of small arms near Newport, in Kentucky, on Licking river. Oo motion of Mr. HARRISON, the Committee on Roads and Canals were instructed to inquire into the expediency of granting a sum of money to be expended, under the direction of the President of the United States, in removing the obstruction to the navigation of the Ohio river, created by the falls near Louisville, in Kentucky. Mr. DESHA submitted the following resolution: H. OF R. The engrossed bills, directing the discharge of Nathaniel Taft from his imprisonment, and for the discharge of John Ricaud from imprisonment, were severally read the third time, and passed. The engrossed bill for the relief of William Haslett, was read the third time, when Mr. HARDIN, who was not satisfied of the justice of the relief contemplated, and the chairman of the committee which reported the bill not being in his seat to give the information he desired, moved to lay the bill on the table; and, after some conversation on the subject, between Messrs. HARDIN, LYON, DAVENPORT, and WRIGHT, on the circumstances which brought the petitioner before the House for relief, and the propriety of suspending the immediate passage of the bill, it was laid on the table. SUPREME COURT REPORTS. On motion of Mr. TAYLOR, of New York, the House went into Committee of the Whole, on the bill to provide for the regular publication of the decisions of the Supreme Court. Mr. TAYLOR moved to fill the blank for the salary of the reporter with the sum of one thousand dollars; and supported his motion and the general object of the bill by a short speech. Mr. HARDIN, of Kentucky, moved to strike out the first section of the bill-in effect to reject it. This motion, and the preceding one, gave rise to a debate of some length; Messrs. TAYLOR of New York, H. NELSON, and ROOT, in favor of the bill; and Messrs. ROBERTSON, HARDIN, Ross, and WRIGHT, in opposition to it. In support of the measure proposed by the bill, was urged the great importance of having correct Resolved, As the lands south of Green river, now and early reports of the decisions of a court whose within the limits of the State of Kentucky, were, by decrees, if not law in themselves, are evidence of the State of Virginia, set apart for the purpose of sat- the law, and the advantage of a reporter of propisfying claims for Revolutionary services, and a porer abilities, made responsible for the proper exertion of which lands has since been, by the General cise of his duties. This bill, it was strongly urged, Government, ceded by treaty to the Chickasaw tribe would tend to secure a prompt publication of the of Indians, by which cession many of the Revolution-reports, making the salary contingent on the deary patriots have been deprived of the benefit arising from grants obtained for meritorious services; that the President of the United States be requested to take the necessary steps to have the Indian title to the land lying within the limits of the State of Kentucky extinguished as soon as practicable. Mr. CALHOUN thought, as the resolution was on a subject new, and somewhat local in its nature, it would be better not to decide on it immediately, and moved that it lie on the table. Mr. HARDIN, also, joined in the hope that the resolution should lie on the table, as it stated facts with which he was before unacquainted, and which required some examination. Mr. DESHA, after repeating his belief in the necessity and propriety of the resolution, acquiesced in the motion to lay it, at present, on the table; and it was accordingly so ordered. The bill from the Senate "for the relief of the heirs of Landon Carter," was read twice, and committed to the Committee on Pensions and Revolutionary Claims. livery of a certain number of copies of the reports of each term, within six months after the decisions of the court were pronounced; and that it would also secure fidelity in the reporter, he being liable to removal by the Supreme Court, for misconduct. Without an inducement like that proposed by the bill, fears were expressed that no reports would be published; and the example of some of the States was quoted, who had deemed the publication of the decisions of their Supreme Courts, so important as to give to men properly qualified, even a greater compensation than was proposed to be given to a reporter of the decisions of a higher court. On the other hand, the value of correct reports of the decisions of the Supreme Court was generally admitted; though Mr. ROBERTSON was opposed to any act which should sanction the idea of their having a permanent effect over other law, or make their construction of laws binding on their successors and on other authorities. It was generally urged, in opposition to the bill, that |