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C. P. VAN NESS.

FEBRUARY, 1822.

I have the honor to be, very respectfully, your obe-order to move to amend the resolution, by striking dient servant, Hon. J. Q. ADAMS, Sec'ry of State.

out Maine, and inserting Missouri? [The SPEAKER said it would.] Mr. R. said he merely rose to

The Message and documents were read, and state, that, as the rule at present stands, the States ordered to lie on the table.

LETTER FROM THE VACCINE AGENT. The SPEAKER presented a letter from Doctor James Smith, Vaccine Agent, which, on motion of Mr. LITTLE, was referred to the select committee appointed on that subject, and ordered to be printed.

BALTIMORE, February 4, 1822.

are called in chronological order-the order of their admission into the Union. That of itself, said he, is worth something. Every body must know that Maine is farther North-perhaps, sir, too far North for us-than New Hampshire. All school-boys know this. If we begin, I shall not be at all surprised at a proposition to insert some other State before Maine. Straws show how the wind blows. In the actual signatures to the De

SIR: From letters which I received from Dr. Hun-claration of Independence, the members from the ter, of Tarboro', in North Carolina, I am fully persuaded I have discovered the cause of the deplorable events which have happened there; and I am now satisfied, that they have originated from an accident such as never occurred before, and there is no danger that the like will ever occur again.

I had a paper which contained some small-pox scabs, taken by myself from a person named Whitfield, about 4th October, 1821; and on this paper I had written carefully, to avoid accidents, that it contained the variolous or small-pox matter. But this paper was afterwards mislaid, and, after searching for it in vain, I had concluded it was lost, and supposed it might have been swept out of my office with other waste papers. From the information, however, which I have received from Dr. Hunter, quoting the words I had written on it, I have no doubt but that the same identical paper I had lost, containing the small-pox scabs, and marked as such, was put up in Dr. Ward's letter by some mistake or inadvertence, instead of the glasses of vaccine matter which I intended to send to him; and which, from his letter to me, I supposed he had received and used.

We may now, therefore safely conclude, that the injury done is of more limited extent than I feared; and every citizen of North Carolina has it in his power to be secured from it, if they will use the vaccine matter I have sent them.

Dr. Hunter assures me that the vaccine matter obtained by him from this institution, and which he was using "in a general and extensive vaccination," when he wrote me, 19th ultimo, was such as he knew to be genuine.

I hope you will be so good as to make the contents of this letter known in the House of Representatives; and I will be happy to furnish you or any committee of Congress who may be appointed to make inquiry on this subject, with every fact relating to it which has or may hereafter come to my knowledge. I have the honor to be, &c.

Hon. SPEAKER of the

House of Representatives.

JAMES SMITH.

CALLING THE STATES FOR PETITIONS.

South signed first. Why? Because the good old town of Boston, which Mr. R. said he was sorry to find was about being converted into a city, had gotten into a scrape with the British Ministry, and the South was to be conciliated-so the Southern members signed first. Mr. R. said he hoped this resolution would be laid on the table as moved.*

Mr. CUSHMAN said, he had no objection to the resolutions lying on the table. If the alteration proposed by the resolve would confer any particular distinction on Maine over any other State, he should not have had the effrontery to offer it. All that he wished was, that she should hold that relative station on the list of States which she does on the map. She is the farthest, and, beginning North, as the list does, it appeared to him that the extreme North State should be called first.

Mr. RANDOLPH, (in an under tone.) Better begin South, sir.

The resolve was ordered to lie on the table.

*To the Editors of the National Intelligencer. GENTLEMEN: I was not a little surprised, in casting my eye over your paper of this morning, at a remark said to have been made by the Hon. Mr. Randolph, in the discussion of the resolution offered by the Hon. Mr. Cushman, of the State of Maine, varying the present mode of calling over the States for the reception of petitions, so as to begin with the State of Maine. Mr. Randolph observes:

In the actual signatures to the Declaration of In

dependence, the members from the South signed first. Why? Because the good old town of Boston, which Mr. R. said he was sorry to find was about being converted into a city, had gotten into a scrape with the British Ministry, and the South was to be conciliated -so the Southern members signed first."

Here the gentleman, as to the fact, is under an entire mistake. If you examine the signing of the Declaration of Independence, you will see distinctly that John Hancock, President, signed first in the centre; then, as has been the uniform practice in New England, Josiah Bartlett, William Whipple, beginning on setts; next Rhode Island, then Connecticut, and so on the right; under them, the members from Massachuto the South, Georgia being the last. There is one exception-Matthew Thornton, a member from New Hampshire, signed after the members from Connecticut. The reason is this--he was not present when the signing commenced, but put his name immediately A motion was made to lay it on the table. after those who had signed, as soon as he arrived. Mr. RANDOLPH asked, whether it would be in This is the fact in signing the old Confederation.

The House having proceeded to consider the resolution moved by Mr. CUSHMAN So to amend the practice of the House, as, in calling over the States for the reception of petitions, to begin with the State of Maine; and Mr. C. having modified it, so as to refer it to the Committee on the Rules of the House

New

FEBRUARY, 1822.

NAVY AFFAIRS.

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only contemplated an advancement for the purThe House then resolved itself into a Commit-pose of suppressing piracies. Mr. S. agreed, that tee of the Whole, on the bill making partial ap- when an expenditure can be specified, it ought propriations for the support of the Navy of the not to be included under the head of a contingent United States, during the year.

Mr. SMITH, of Maryland, from the Committee of Ways and Means, that reported the bill, briefly stated that the object of it was to suppress the piratical depredations that were committed upon our commerce in the Gulf of Mexico, and he moved to fill the blank in the first section of the bill, for the pay and subsistence of the officers and pay of the seamen, with the sum of one hundred thousand dollars. The motion prevailed, and the blanks for provisions and repairs were also severally filled with the sums of twenty thousand dollars.

Mr. SMITH also moved to fill the blank for contingent expenses, with the sum of twenty thousand dollars.

expense.

Mr. LOWNDES thought that the House should not consider the present appropriation as limited to a specific object, but as an advancement of the general navy service. It was part of the annual appropriation, but advanced at an early period to meet the exigencies of the occasion that required it.

Mr. RANDOLPH would not throw any obstacle in the way of the present appropriation, but he thought it proper to apprize the Committee of the great doubt that existed, whether, by ingrafting on our naval system the solecism of imperium in imperio, the Naval Department had not greatly suffered by the establishment of the Board of Naval Commissioners. Mr. R. disclaimed all personal considerations, and expressed, for those Mr. TRACY inquired, whether the whole sum who constituted it, not only a confidence in their was required for this particular service, or whe- ability and integrity, but a personal regard. But ther it was intended to apply to the general ex- the difficulty lay in the system, and he believed penses of the Naval Department? If it was the Commissioners themselves and the Secretary merely for this particular service, it was a large of the Navy were convinced of its inutility, and appropriation, especially after the liberal appro- would concur in abolishing this patchwork in our priations for provisions and repairs. On a requi-national system. He hoped that others, who were sition for contingent expenses by a department, he thought the House ought at least to be pos: essed of some of the principal and prominent items of expenditure. He was aware that there were expenses to be incurred, that could not be specifically named, or even foreseen; but he thought it the right of the House to understand something of the outlines of the expense.

better acquainted with the subject, would take it into consideration, and apply the remedy, which, in his opinion, the evil called for.

Mr. JOHNSON, of Louisiana, stated that he was exceedingly anxious for the passage of the bill on account of the object of it. The bill is for a partial appropriation for the year 1822. It is founded on a letter of the Secretary of the Navy of the Mr. SMITH said, the object of the appropriation 25th January, in reply to a note of that day, rewas well understood. The sum of $230,000 was questing information upon the subject of a partial reported for the whole contingent expenses of the appropriation for the year 1822, for the naval serNaval Department, and the sum of twenty thou-vice. It is stated that the appropriations of the sand dollars proposed in the bill was a part of that expense, and to be deducted from it. This bill

Hampshire first-Josiah Bartlett, John Wentworth, Jr.;
then Massachusetts, and Georgia last. The same is
true in signing the Constitution of the United States.
New Hampshire first-John Langdon, Nicholas Gil-
man; then Massachusetts, and Georgia last. Note
all the proceedings of the old Congress, and those of
the Convention who formed the Constitution. In call-
ing the States, and naming those present, they began
with New Hampshire, Massachusetts, &c.
every instance of the admission of a new State, she
And in
has been called according to the date of her admission,
with which they have been content, till this proposed
usurpation of the State of Maine.

last year are nearly exhausted, and that it is necessary to equip a force for the protection of our commerce. This appropriation is for the naval service generally. The letter, with regard to the naval force, is dated 28th January, in reply to inquiries of the 26th, with regard to the piracies. In this it is proposed to send out a frigate. This object is the inducement for the partial appropriation.

Mr. TRIMBLE had no objection to the passage of the bill, and rose only to reply, in a single regentleman from Virginia, (Mr. RANDOLPH.) In mark, to the observations that had fallen from the the four years he had occupied a seat on the floor, he had had occasion to examine into the office The incorrectness of the intimation of the Hon. Mr. alluded to, and he was fully convinced, from the Randolph is apparent by casting the eye upon the fac examination, which was scrupulous and attentive, simile of the signatures to the Declaration of Indepen- that the establishment of that board had saved dence. If they commenced signing with Georgia, and millions to the nation. It was constituted of men proceed to the North, then New Hampshire must be who were possessed not only of ability, but of exthe last; but, you will observe, Connecticut is last, perience and practical acquaintance with the subexcept Mr. Thornton, who signed in that place for the ject on which they were employed. So fully satreason I have stated. But you begin with New Hamp-isfied was he of the importance of that board, shire on the right, and thus pass regularly on to the South, ending with Georgia, passing the exception I have noted. A Member from New Hampshire. FEBRUARY 8, 1822.

that, were he driven to the necessity of voting to abolish either that board, or the head of the department, he should feel himself bound to vote for the continuance of the former.

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Mr. RANDOLPH hoped he was not understood to pronounce any opinion upon the wisdom of any branch of the Navy Department. But he had turned not an unobservant eye to the subject, and he believed that the bureau, he might call it-the office, wanted new modelling,

Mr. TRIMBLE made a few further observations, and expressed his such entire satisfaction with the management of that board, that he was led to wish there could be an army board in like manner established.

The question was then taken, the blank filled as proposed, when the Committee rose and reported the same to the House.

In the House the bill was read and ordered to be engrossed, and read a third time this day, and was subsequently read a third time, and passed.

THE BANKRUPT BILL. The House, on motion of Mr. SERGEANT, then resolved itself into a Committee of the Whole on the bill to establish a uniform system of bankruptcy.

FEBRUARY, 1822.

produce the deepest impressions. He has told the committee that we should consult the experience of foreign nations in relation to those subjects, which are interesting to ourselves. He has told us that commerce is essentially the same in England, Holland, France, and Spain, as in the United States. Laws, by those nations, had been adopted of a similar character to the one now under consideration. Experience abroad had given conclusive evidence of their utility. Mr. M. admitted that, although we might often gain the greatest advantages by consulting the laws and institutions of other nations, yet their adoption in this country should be allowed with the greatest caution. It was certainly very dangerous doctrine to admit, as a matter of course, that measures which had received the sanction of foreign governments, and had stood confirmed by their experience, should be sanctioned here. The preservation of good morals is an object of equal importance to the people of the United States, as of England, yet those laws, which have for centuries received the approbation of Englishmen, may be Mr. MALLARY, of Vermont, observed, that he illy calculated for this country. Pure religion was in favor of the motion made by the honora- may be the same in France as in the United ble gentleman from Virginia, (Mr. SMYTH,) to States, yet those laws which, in France, have strike out the first section of the bill now before been deemed necessary for its promotion, the honthe Committee. He was opposed to its leading orable member from Pennsylvania will not conprinciples, and could not give his support to any tend are adapted to our condition. The people measure which contained them. By these princi- of the United States have a deep interest in the ples, he meant such as are found in the provisions character and merits of our clergy, but the Engof the bill, which compel the debtor to surrender lish laws, granting tithes for their support, would his property for the pretended benefit of the cred-receive no very cordial welcome here. Yet the itor, and exonerate the debtor from the obligation experience of England and France might be reof his contracts. He considered, that all who ferred to as evidence of their utility. were opposed to any laws containing such prin- Mr. M. observed he had alluded to these subciples, would concur in the motion, and at once jects to prove that the experience of other nations bring the subject to a speedy conclusion. If a would often prove a fatal guide to ourselves. majority of the Committee approved of this course, That, although there might be a variety of intermuch time would be saved. It would be entirely ests of equal importance to this country, and foruseless to legislate upon the details, when the bill eign nations, the nature of the respective Governitself, in the conclusion, was to be wholly rejected. ments, and the character and feelings of the Mr. M. remarked that the effects of the proposed people, required, or admitted, of very different system must be great. The relations of creditor regulations. That, although the United States and debtor would be changed. The effects would were as deeply concerned in commerce as Engnot be confined to the mercantile class of our citi-land, Holland, France, or Spain, it could not with zens, but must be universal, and felt by the whole community. It was then the duty of every one to weigh well the subject, and ascertain, as far as he had the power, whether the effects would be Mr. M. then referred to the history of the comdisastrous or beneficial to the nation. Not to mercial nations of Europe-the frequent wars, and merchants and traders alone, but to the whole interruptions of commerce-the loss of colonies American people. The probability that some the arbitrary prohibitions of intercourse between good might result, was not sufficient to induce them-the change of power on the ocean, and the Congress to hazard the experiment. We ought perpetual dangers and sacrifices to which the to be sure, as far as human foresight can deter- European merchant was exposed. These facts mine, that the proposed measure will prevent the were well known to every member of the comfrequency of bankruptcies, discourage the perpe-mittee. Mr. M. then remarked on the condition tration of flagrant frauds, and elevate the value of of the commerce of the United States, and its national and individual credit. Its beneficial ef- general prosperity since the adoption of the presfects ought to be most clearly shown by its sup-ent Government. It was true that the embargo, porters. A reference has been made to the laws of other nations, relating to the subject of bankruptcies. They have been urged with great zeal by the honorable gentleman from Pennsylvania, (Mr. SERGEANT,) and in a manner calculated to

safety be inferred that their laws on the subject of bankruptcies should be adopted by the American Government.

the restrictive system, and war, operated severely on the merchant, and every class of people equally suffered from their effects. But all the misfortunes which have been suffered by the American merchants can bear no comparison with those of

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the nations which have been mentioned, especially of Holland, France, and Spain. But whatever may have been the relative condition of the mercantile classes of different nations, and whatever may be the laws of other nations respecting their mercantile interests, we can find but little aid in consulting them. If any is afforded, it is to avoid the dangers of their bankrupt laws. We must look at home-ascertain the true character of our own people, and adopt laws calculated for their real condition, interests, and feelings. The better we understand these, the more safely we can legislate for their benefit.

The law for the relief of the purchasers of the public lands has been pressed into the service on this occasion. What relation it may have to the proposed measure it is difficult to ascertain. The Government and the purchasers of its lands were the parties to the contracts. Congress believed it would be for the real interest and benefit of the Government to pass the laws. The debtors could decide for themselves whether they would accept of its provisions. It was intended, also, for the benefit of the public debtors. It was mutually advantageous. Because the Government made a compromise with its own debtors is it to be inferred that it should compel individuals to compromise with their debtors? that it should annihilate contracts in which it has no concern? This would be a very strange conclusion.

Mr. M. observed, that his only desire was to present a fair and undisguised view of the subject. He wished to look into the ranks of the community and endeavor to ascertain upon whom the proposed measure was to operate, and whether blessings or misfortunes would flow from its adop

tion.

H. of R.

some few others who are immediately connected with them, by the nature of their business. To extend it to all, would, it is believed, produce universal ruin.

Much has been said on the merits, distresses, and sufferings of those whom it is intended to relieve. It becomes necessary to look with steady and impartial eye at their true character. We ought, as far as possible, to ascertain the origin of those distresses and sufferings which demand the passage of a bankrupt law with so much earnestness and zeal. Many have become bankrupt from a total ignorance of the business into which they have entered. Unskilled in mercantile affairs, they seemed to believe that to engage in trade was to secure a fortune, without the least attention to industry and economy. Does this class of people merit the interference of Government?

Many have become bankrupt from the indulgence of extravagance in living. Merchandise furnishes luxuries and invites the possessor, whether he has obtained them by credit or capital, to use them for his own convenience and pleasure. Mercantile employment is often supposed, by those who are engaged, to confer some higher rank than the common pursuits of life: of course that rank must be supported by more than common expenditures. Many who have become bankrupt may, in these facts, find the true cause of their misfortunes. Has this class any commanding claims on Government to legislate for their exclusive benefit? For one, I consider there are other objects more deserving the attention of Congress.

Many have become bankrupt by engaging in wild and even criminal speculations. Are there not some in the country who now feel the effects of a participation in smuggling during the restrictions upon our commerce? Are there not some who feel the effects of British licenses obtained during the recent war? Of neutral trade-of attempts to violate the laws of other nations? Would these circumstances keep back the privileges of the bankrupt law? Persons of this description, and some no doubt can be found, are not among the meritorious objects of legislation. Their pretensions can have but little influence over the mind of an honest man.

There has existed, in the United States, a strong and eager propensity to engage in trade. It holds out inducements to avoid the more laborious pursuits of life. The employments of the farmer and mechanic have been abandoned by thousands to engage in the more fascinating pursuits of commerce. The business of trade gives facilities to fraud, which no other affords. This arises from the ease with which merchandise is converted into money, or securities which may be easily concealed and secured. It tends to an increase of domestic Part have failed, from causes beyond the control expenditure and personal extravagance. It pro- of human power. They have been overtaken by duces a desire to adopt, as it is commonly called, misfortunes undiscoverable by human foresight. a more genteel and fashionable style of living, They are as honest and meritorious as unfortunate. which is wholly incompatible with that economy Yet we know the great liberality which exists and frugality which lead to wealth and opulence. among the mercantile class of our citizens, and The man who commences with credit too often the frequency with which they restore an honest becomes anxious to imitate the examples which but unfortunate man to his employment. This real wealth alone can support. Thus the way is generous willingness to afford relief is one of the prepared for failure; mortification and falling pride great characteristics of the American merchant. press their victims on to dishonesty and fraud. It Those who still remain under the pressure of their was far from his intention, Mr. M. said, to speak embarrassments have the strongest claims on our disrespectfully of the great body of our merchants. feelings. Could any measure be devised for their Their interests are allied to all the other great in-relief compatible with the general good, I would terests of the nation. Among them are to be found some of our most intelligent, enlightened, and patriotic citizens.

The friends of the proposed measure would extend its provisions to the merchant and trader, and

most cheerfully lend my feeble aid to carry it into execution. It is, however, believed that this latter class must be comparatively small. Let gentlemen ask themselves, had the merchants generally been as prudent, as careful, and perseve

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ring, as those who are engaged in other employments are, and from necessity must be-what proportion of those who now are bankrupt would have been so? It is considered that small, indeed, would have been the number.

The attention of the Committee is called to the effects which will attend a system of laws which provides for the discharge of contracts in a manner contemplated by the bill before us. People seldom enter into obligations without providing means of payment. These occupy their attention. Their exertions are made to accomplish an honorable and faithful fulfilment. The proposed measure affords an additional mode of procuring a discharge of debts. It takes none away which previously existed. The advantages of such a law would ever be considered by those about to become indebted. They of course would be less cautious in contracting debts and less solicitous about fulfilling them. They would always reflect that, should they fail in their calculations, the generous provisions of the bankrupt law would come to their relief.

The honest and dishonest man equally exert themselves for the accumulation of property. They also equally desire the open and unrestrained enjoyment of it. If property must be kept concealed from the view of the world, and can be used only in secret, it loses almost entirely its value. The hazards of confidence being betrayed, of the penetrating eyes of vigilant creditors, must often give the owner more trouble than satisfaction. The honest man will face all dangers not criminal for the accumulation of wealth. The dishonest man is equally enterprising, and even crimes are not avoided, when he is impelled by an ardent desire of gain. Hence the ordinary laws of insolvency, which still leave the property exposed, are uniformly dreaded by a fraudulent debtor. His property, although concealed, is in perpetual danger. Under a bankrupt law, if he can once succeed and triumph in his villany over the form prescribed, his person and his property are redeemed from the power of his creditors. It is true that, if once detected, he derives no advantage. We must bear in mind the difficulty of de

tection.

FEBRUARY, 1822.

to induce thousands to become bankrupt, who, under the existing laws, will persevere with unrelaxing vigor and obtain a more honorable discharge from their creditors, than a bankrupt's certificate. They will now pay their honest debts to the last farthing and enjoy the consolation of meritorious and successful exertions. But, once adopt the principles of the proposed law, the arm of industry will become nerveless, and frugality and economy will no longer be required by the demands of necessity.

Such a bankrupt law as we are called upon to pass, will invite thousands, who are now involved in debt, to engage in trade, that they may obtain its privileges. But, in answer, it may be said, that this is to be forbidden. How can it be prevented? What power exists to prevent those who are desirous of avoiding their contracts, from becoming merchants? Who will possess sufficient discernment to ascertain that they have engaged in trade, with the intention of becoming bankrupts ?

It is admitted that the rage for commercial employments has been great throughout the Union. The nation has not at this time recovered from its effects. Yet the evil is rapidly producing its own remedy. The same may be said of all the great variety of speculations which for years have overrun the country. Merchants, especially in the country, are recovering, with a sure and steady pace, from the troubles and embarrassments which have surrounded them. They are fast gaining in the confidence of the people-in credit and wealth. They have adopted the salutary rules of industry and economy, and while they observe them they have but little to apprehend. To them the bankrupt law must prove destructive. It will increase the number, divide the profits of business, and compel many who are now successfully struggling against the effects of more disastrous times, to take shelter under the protection of a certificate of bankruptcy.

We have been told by the honorable gentleman from Pennsylvania, (Mr. SERGEANT,) of the sufferings of those who demand the passage of the bill. They have been presented in a manner calculated to excite our warmest sympathies and feelings. We have been told that society demands their return to active employment, by which the great stock of national industry would be increased. Those who would be relieved would return to

We know the ease with which merchandise can be converted into money, securities, or stock, and that nothing but the eye of omniscience can detect it. Immediately on the restoration of the bank-commercial pursuits; and let every candid mind rupt, his certificate gives him a passport to employment, and what villany has saved will soon assume the appearance of new acquisitions. And here, said Mr. M., let me put the question home to every honest member of this committee: Which does the honest man prefer, a bankrupt or an insolvent law? I repeat the question, which law would he prefer? There can be no doubt that he would give the most unequivocal decision in favor of a bankrupt law. To me, it is a matter of some suspicion at least, that the honest man and rogue should coincide in opinion; that they both should become the strenuous advocates of the same mea

inquire, let impartial justice decide, on the benefits which the community would receive by the return of those who failed from an ignorance of their business, and the want of prudence and economy? What benefits could result from the return of those who became bankrupts from their wild and heedless speculations? What benefits would follow a restoration of the extravagant spendthrift, who indulged in luxury and dissipation at the expense of his honest creditors? Almost every village in the Union has felt the ravages of this description of men, and whose return is as much to be dreaded as the approach of pestilence. The experience of England and our own country proves that such The tendency of the proposed measure must be men have received all the rights and immunities

sure.

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