from South Carolina (Mr. Hayne) had laid out for himself to pursue, if he (Mr. H.) were allowed also to adopt it, and to write during the recess, while time might hang heavy on his hands, a further replication to the gentleman's replication, and this too to be printed at the public expense. He had also, he confessed, like the honorable Senator, a penchant for making an occasional speech, and for seeing himself in print now and again; and he hoped, if this new system were to be adopted, that the privilege which he laid claim to, would also be extended to him. Mr. CLAYTON suggested that the Senator from New Jersey (Mr. DICKERSON) might better accomplish his purpose, if the Committee on Manufactures, of which he was chairman, were to report on the same subject. Mr. DICKERSON explained, and insisted on his right, from former precedents, that his paper, which exhibited a view of two individuals who had formed a minority of the committee, should be received; and said, if it were not intended to carry the matter ad infinitum, the Senate could say where it was to stop. After some further remarks from Mr. HAYNE and Mr. KING, the question was taken on Mr. SMITH'S motion to lay on the table, when it was negatived by a vote of 19 to 12. Mr. HAYNE then moved, as an amendment to the original motion for the receiving of Mr. DICKERSON'S report, which was still pending, that the views of the majority of the committee in replication to that paper be also printed. The question on this last amendment being first taken, it was agreed to, and Mr. HAYNE handed in the replication accordingly. Mr. WEBSTER said, that, in regard to a report from a minority of a committee, although, strictly speaking, there could be no such thing, as a committee was a regular appointed body and constituted a whole, still, although it might be irregular for the minority to report as such, in a case like the present, he thought they were entitled to give their views as individuals on the policy of a measure to which they had alway's been opposed, and which went to recommend a system to the country which was altogether new. He would therefore vote in favor of the document being received. Mr. GRUNDY said he would vote against it, because he thought any other individual in the Senate had an equal right to offer his views on the subject, and have them printed. The question was then taken on receiving the paper presented by Mr. DICKERSON, when the motion was carried by a vote of 19 to 18. Mr. SMITH, of Maryland, moved that when the Senate adjourn to-day, it shall adjourn to meet to-morrow at ten o'clock. The motion was agreed to. Insolvent Debtors of the United States. The bill for the relief of certain insolvent debtors of the United States was then taken up, on motion of Mr. WEBSTER. [SENATE. Mr. WEBSTER then said, the object of this important and long-desired measure was to enable the Government, in proper cases, and by a just and safe proceeding, to compromise with certain of its insolvent debtors. He looked on this object as equally politic and humane. The relation of debtor and creditor was a delicate one; many practical consequences ordinarily sprang from it; and it was not expedient that large numbers of persons should bear this relation to the Government, without the hope of ever changing it. It naturally cherished feelings not the most friendly, to the discharge of social and political duties. Hopeless debt, too, terminates the active agency and effective efforts of most of those who have become subject to it. Their exertions, their enterprise, their usefulness, are in a great measure lost to society. Few will struggle under a weight which they know, struggle as they may, can never be moved. Few will exert themselves, under the consciousness that the utmost exertion will never enable them to throw off or to break the chain which binds them, and to place themselves again in a condition to enter the employments, the business, and the engagements of society. It was wise, therefore, in his opinion, that every hopelessly insolvent debtor to Government should be able to ask inquiry into his case, and the causes of his inability, and to show his honesty and his misfortune, and then have the power of making his peace with his creditor; to have his quietus, in the language of the old law, and be encouraged, once more, to such efforts, and such services, as his social and domestic duties may require of him. This being the general object of the bill, said Mr. W., it proceeds, in the first place, to distinguish clearly and broadly between mere debt and official delinquency. This distinction is founded, not only in true policy, but in correct morals also. Unpaid debt is one thing; violated trust very much another thing. Delinquency, or failure in the discharge of official duty, finds neither favor nor indulgence in any of the provisions of this bill. Principals in official bonds, and all persons who have received money to be paid into the Treasury, or who have received it from the Treasury, for public disbursement, are cut off from all its benefits. This is just. It is not unworthy of remark, however, that, in the history of our Government, the public has lost infinitely less by public debtors, than by public officers and servants. Six or seven hundred millions of dollars have been received into the Treasury, almost all by being first secured by bond, with only a loss of the half of one per cent. This fact speaks much, not only to the credit of a system, but also for the integrity and punctuality of the American mercantile character. No Government in the world, I believe, collects its revenues with more certainty, or more economy, than ours. But it must be confessed, that when we proceed to the next stage, and look into the disbursements made out of the Treasury for the [MARCH, 1851. pening, and still existing; to make a sort of half century jubilee, and set all the honest and unfortunate once more free from the demands of Government debts. objects of Government, and to the degree of fidelity and correctness which has there prevailed, our experience has been far less gratifying. The selected servants of the Government have lost us thousands, where those whom the We see that, in the individual concerns of laws and the course of business have compelled commercial men, it is found indispensable that to become our debtors at the custom-house, some system, having the actual effect of a syshave hardly lost us a dollar. The mercantile tem of bankruptcy, should be adopted. Concharacter has richly earned this distinction. In gress does not seem disposed to exercise its unall times it has shown itself worthy to be re- disputed power of establishing such a system lied on; in all times, in prosperity and adversi- for the whole country, by law; no State can ty, in peace and in war, amidst all the events establish such a system, except to a partial exthat usually affect national income, or shock tent; and most of the States have not attemptsystems of finance, the Government has always ed to provide any at all. But voluntary assignfelt that what was due to it from the commercial ments, and voluntary discharges, have come community was to be counted on as so much into very general use, from the absolute necessity already in its coffers. Debtors of this class, of the case. Individuals thus establish rules of becoming insolvent without imputation of fraud distribution of effects, and for the discharge from or dishonesty, have fair claims to a discharge. debts, for themselves. But Government has On the other hand, let the severity of the law not the power which belongs thus to a private continue towards public delinquency. Let those creditor. The Treasury cannot compromise or who solicit public trusts understand, once for discharge the debt, in any case, without full all, that a rigorous rule will be applied; that payment. Under this act, as to past obligaa perfect accounting will be exacted; and that tions, it will possess that power; and when its debts, created by disregarded duty, and a vio- operation shall have been seen and tried by lated trust, is a fetter never to be broken. experience, it will be competent to Congress to The bill, sir, proposes a public and open pro-repeat the provision, at a proper time hereafter, ceeding, to ascertain the facts in each particular or not to repeat it, as its wisdom shall see case. The insolvent debtor is to apply by peti- fit. tion, setting forth the facts of his case. The petition is to be referred to commissioners, who are to inquire into it, with power to examine the petitioner, and any other persons on oath, respecting the whole matter before them; and they are to be attended by an agent on the part of the Government, to interpose objections, and demand explanations of whatever may appear to require explanation. The facts thus ascertained are to be referred to the Secretary of the Treasury; and thereupon he is authorized to compound and compromise the debt, according to the circumstances, and discharge the debtor. It might be expected, perhaps, that the bill would have provided that, in every case, if no fraud or unfairness appeared, and clear insolvency and inability to pay were made manifest, a discharge should be granted of course. But, from what was known in regard to some existing cases, it was thought better still to leave the Secretary some discretion. It is known that there are cases in which, by the contributions of friends and connections, or other means, considerable sums would have been paid if discharges could have been obtained; which cases, without such prospects of discharge, would be cases of great and total loss. So that one effect of this very measure will doubtless be, to cause receipts into the Treasury of considerable sums, on account of debts, no part of which, without it, would ever have been collected. The next important characteristic of the bill is, that in its operation it is altogether retrospective. It is not a standing provision. It applies only to past cases. Its object is to settle up and close cases of insolvency, long since hap As I do not anticipate any objection to the principle of the bill, I shall no longer press a claim on that time and that attention of the Senate, which are demanded by so many other urgent subjects. I wish, however, not to resume my seat before I express my sense of the obligation which the public is under to the distinguished gentleman in the other House, on whom it devolved, in the discharge of his duties there, to take the lead in this measure. I feel that he has rendered a substantial service to the country; that the bill which he has matured and supported through the House to which he belongs, will be a joyous relief, and a great blessing, to many honest and valuable citizens; and both useful and safe to the Government. I am happy in seconding here that which he has so well sustained elsewhere; and am desirous, for one, of expressing my thanks for his zealous devotion to this object, and his successful lead in its accomplishment. The bill was then ordered to be read a third time. Retiring of the Vice President. The VICE PRESIDENT having stated that he should not again attend the meetings of the Senate at the present session, availed himself of this opportunity of wishing the Senators a very pleasant return to their homes. The Senate then took a recess. EVENING SESSION. The VICE PRESIDENT having retired from the chair of presiding officer, the Senate proceeded to the election of a President pro tem. Claim of James Monroe. So Mr. TAZEWELL was elected President pro tempore of the Senate. Whereupon, Mr. TAZEWELL rose, and with a profession of his sincere distrust of his ability to discharge the duties of the Chair with satisfaction to himself or to the Senate, begged to be excused from accepting the honorable station which the Senate had assigned to him. Mr. WEBSTER expressed his hope that the honorable Senator from Virginia would reconsider his determination, and would not be excused from the duty to which the vote of the Senate had called him. [SENATE. effect that treaty was ordered to be paid out of any money in the Treasury not otherwise appropriated. Thus amended, it was ordered to a third reading. The amendments of the House to the amendments of the Senate to the general appropriation bill were all agreed to, with the exception of that which goes to strike out the clause inserted on the motions of Mr. KANE and Mr. TYLER, and inserting $15,000 for the services of the commissioners employed to conclude the treaty with the Sublime Porte. A variety of motions were made on this subject, several points of order were discussed, and then some remarks were made on the constitu tionality of the appointment of the commis House would have, as preventing the Senate from expressing their disapprobation of the course of the Executive, was also spoken of, when, finally, the Senate refused to agree to the amendment, and appointed a Committee of Conference on its part, consisting of Messrs. ferees to be appointed by the House of RepreTAZEWELL, WEBSTER, and KING, to meet con sioners. The effect that the amendment of the sentatives. The Senate then adjourned. WEDNESDAY, March 2. Mr. HAYNE said he was about to make a mo Mr. TYLER, expressing his high respect for his colleague, and declaring that he himself, with all the sincere respect which he had for his colleague, not expecting such a course, had voted for the venerable Senator from Maryland, and, desirous to pay due regard to the wishes of his colleague, moved that his colleague betion-such a one as he seldom made, and to excused from serving as President pro tempore. The Secretary of the Senate having put the question on this motion, it was decided in the affirmative, by 20 votes to 14. The Senate then proceeded to another balloting for President of this body; and it resulted as follows: For Mr. Smith, of Maryland, - Mr. King, of Alabama, 20 11 4 4 So Mr. SMITH, of Maryland, was elected President pro tempore of the Senate; and, being conducted to the chair, made his acknowledgments for the honor which he said he was satisfied was paid rather to his age than to his ability, and said that the only return he could make, would be to devote his best ability to the proper despatch of the business before the Senate. The Senate then proceeded to the despatch of a variety of business, of which the following was the most prominent: The bill to carry into effect certain Indian treaties was read the second time, and, on motion of Mr. GRUNDY, it was amended by striking out the clause which provides for taking the sum appropriated for carrying into effect the Choctaw treaty, from the fund of $500,000 last year appropriated for the removal of the Southern Indians, and the expense of carrying into which would have been unnecessary, if the bill which he was in general opposed-a motion had been suffered to come up in its order, but which had been prevented by the many motheir order-and that was, to take up the bill tions made by gentlemen to take up bills out of for the relief of James Monroe. "The motion prevailed-yeas 25. The motion to amend, heretofore submitted, to strike from the bill the words "for public services, losses, and sacrifices," was, on motion of Mr. HAYNE, disagreed to, to save time. After a remark or two from Mr. FORSYTH and Mr. BELL, Mr. LIVINGSTON said he would premise what he had to say on this subject by a declaration that he intended to vote for the bill. I am obliged, said he, in this case, as all of us must, for the most part, in cases of claims for services, or the settlement of accounts, to trust very much to the investigation made by our committees, and to the correctness of their reports. Were each member to investigate the details of the numerous cases that come before us, we should spend all our time in this examination, and then do the business imperfectly, leaving no time for attention to the great interests of the nation. In this case, a committee of the other House, that House itself, and our own committee, have informed us that Mr. Monroe has an equitable claim on the nation: and they propose that the amount of this claim shall be SENATE.] Claim of James Monroe. [МАКСИ, 1831. settled by our accounting officers on equitable | oring to demonstrate the policy of making the principles. I must believe, therefore, that cession to the United States, not only as the something is due, and therefore will vote for means of discharging the claims of our citithe bill. But, sir, a private duty which I owe zens, but as the only mode of preventing Great to the memory of a very near and very dear Britain from acquiring that valuable colony. relative, a public duty to a statesman who had In a memoir which he published in December, no inconsiderable share in the establishment of he not only insisted on these topics, but showed our independence, who was one of the commit- the advantage to France of encouraging the tee which sanctioned the declaration that pro- commerce and naval power of the United claimed it to the world, and whose subsequent States, by the same act which would prevent life was a series of important services to his the rapid accession to those of the rival of country these duties oblige me to notice an France. attempt to deprive him of the credit of one of In February, of the year 1803, finding that the most important of those services. Among he could get no explicit answer from the Minthe claims which Mr. Monroe urges to the grat-istry of France, he took a step dictated by a itude of the country, is the acquisition of Louis- close study of the character of the extraordiiana to the Union. Forgetting the agency of nary man who as First Consul then directed his colleague, scarcely mentioning him, except the affairs of France. Quitting the established only to say that he had the merit of agreeing form of communication, he addressed a letter with him, (Mr. M.,) he directly assumes the directly to the First Consul himself, appealing whole credit of the negotiation, by saying that to his honor as a soldier, and personal sense of nothing was done, or could be done, until his justice, for the performance of a treaty he himarrival; intimating clearly that it was his self had made. This bold proceeding had its agency alone which produced the important re- effect. An answer was given, positively promsult. I beg leave, sir, in order to test the jus- ising a prompt liquidation and payment of the tice of this pretension, to advert to the history claims. To give greater effect to this promise, of this transaction. and increase the obligation of performing it, In the year 1801, Robert R. Livingston was the contents of the answer were immediately sent by Mr. Jefferson as plenipotentiary to communicated to the agents of the claimants France. Important claims, the payment of at Paris; they were advised not to dispose of which had been promised by the treaty of the their claims, and told that they might rely on preceding year, were yet unsatisfied; and the the word of the First Consul. This was done, deranged finances of the republic rendered it with a knowledge that no other means could very difficult for them to procure the means of be found by France for discharging the debt, discharging them. The first part of the year but the cession of New Orleans. In the mean 1802 was spent by our Minister in unceasing time, Mr. Monroe had been appointed on a but fruitless attempts to procure the justice due special mission to effect the same object. His to our citizens. Other causes soon combined to arrival was expected about the beginning of give a more important turn to the negotiation. April, and, so far from expediting, would, by The suspension of the right of deposit at New waiting for his arrival, have delayed the termiOrleans excited a just and violent sensation in nation of our difficulties, but for the concurthe western country. Its citizens could scarcely rence of events which brought the matter to a be restrained from marching down, and securing conclusion in the mind of the First Consul beby force of arms the free navigation of the Mis- fore Mr. Monroe had set his foot in Paris. A sissippi, so essential to their commerce. About history lately published by M. de Marbois, one the same time, Mr. Ross, a Senator from Penn- of the confidential Ministers of Napoleon, has sylvania, made a formal proposal to authorize raised the curtain, and exhibited to us what the President to take possession of New Or- passed in his cabinet on this subject. On the leans a measure which it was thought more 10th April, two days before Mr. Monroe's arurgent, because, about this time, May, 1802, it rival in Paris, this important council was held. was known in the United States that Spain Louisiana, although ceded, had not yet been had, in the preceding year, ceded Louisiana to delivered to France. The stipulations of the France. And it was feared that if a war broke peace of Amiens had not been performed; a out again (which was apprehended, and shortly renewal of hostilities was daily apprehended, after happened) between that power and Eng- and one of the first acts of those hostilities was land, this last power would make a conquest expected to be the seizure of Louisiana by the of it, and thus enclose us on our whole British. France, too, wanted money for carrying frontier. Instructions were therefore sent to on the war; and the First Consul was pressed Mr. Livingston, to endeavor to purchase New for the performance of his promise to pay the Orleans and the Floridas for a price, of which | American debt. Under these circumstances, the payment of the debt due to our citizens | he submitted to the two counsellors, on the day was to form a part. In obedience to these in- I have named, the question, whether it would structions, Mr. Livingston turned his whole at- be most expedient to transfer Louisiana to the tention to the accomplishment of this great ob- United States, or to send on the expedition ject. While urging on the one hand the pay- which had been prepared to take possession, ment of the debt, on the other he was endeav- and to risk the subsequent conquest of it by MARCH, 1831.] Claim of James Monroe. [SENATE. on the morning of the 10th, before the resolution which was the result of the Consul's cabinet_council was taken. But, in this very letter, Mr. Livingston tells his colleague he had paved the way for him. What did he mean by this, if he had lost all hope? England. His two counsellors took different | must be remarked that this letter was written sides of this question; their arguments are given in detail by the historian, who was himself one of them, and who advocated the cession. The deliberations, he tells us, continued till late in the night. At daybreak on the morning of the 11th, he summoned M. Marbois to hear and execute his decision; he gave it in It is said, too, that this same language was these words: "Irresolution and deliberation repeated on the night of the 12th, and that it are no longer in season. I renounce Louisiana. was recorded in Mr. Monroe's journal. There It is not only New Orleans that I will cede; it is something that always struck me as singular is the whole colony, without any reservation. in thus recording what was said in a friendly I know the price of what I abandon. I re- visit made at the moment of his arrival. Why nounce it with the greatest regret: to attempt was this treasured up, even if it was rightly obstinately to retain it, would be folly. I di- apprehended? But, sir, there was evident rect you to negotiate this affair with the envoys misapprehension or inaccuracy; for Mr. Livof the United States; do not even wait the ar-ingston could not, on the 12th, at night, have rival of Mr. Monroe; have an interview this used this language, when he had the day before very day with Mr. Livingston. But I require received the overtures from M. Marbois, and a great deal of money for this war, and I would even discussed the price. He very probably not like to commence it with new contribution. did repeat that they would have negotiated to I will be moderate, in consideration of the ne- greater advantage if New Orleans had been cessity in which I am of making the sale, but taken; and is it not probable, too, that he keep this to yourself; I want fifty millions of might not think it prudent to express what he livres, and for less than that I will not treat." really thought in the presence of a young genOn that very day M. Marbois did make the tleman he did not know, and of whose discreoverture to Mr. Livingston, the price was dis- tion he could not be assured, and that he recussed; but, of course, Mr. Livingston, knowing served the communication of the overtures that that Mr. Monroe was joined with him in the had been made to him for a fitter occasion? It mission, and that he had arrived at Havre, could is said, indeed, that he did not believe the overnot conclude any thing until his arrival; he tures to have been sincere; but whether he had another conference on the 13th (before Mr. thought so or not, he would have been bound Monroe had been presented) with M. Marbois, to communicate them to Mr. Monroe; and his with whom he had been on a footing of inti- not doing so on that occasion gives force to the macy of as old a date as the revolutionary war, conjecture that he was restrained by the preswhen Mr. Livingston was Minister for Foreign ence of a third person, and used vague expresAffairs, and M. Marbois held a diplomatic em- sions, which were not accurately rendered in ployment to the old Congress, which consider- transferring them to the journal. But Marbois, ably facilitated their intercourse on the present it is said, also thought that Mr. Livingston was occasion. Mr. Monroe arrived on the 12th, suspicious of the sincerity of the offers; but and soon after joined his colleague in the nego- for this argument it unfortunately happens that tiation; and the treaty was signed on the 30th M. Marbois takes his fact from Mr. Monroe, of April. and quotes his memoir for his authority; so that, in relying on Marbois's authority, Mr. Monroe only quotes his own. Two circumstances are remarkable in this transaction: first, that the arguments employed in the consultation of the First Consul's cabinet But whatever were Mr. Livingston's impresin favor of the cession are precisely those sug-sions, they could not alter the facts, that the gested by Mr. Livingston in his memoir of December, 1802, and expressed in nearly the same language; the other, that the arrival of Mr. Monroe, and the part he took in the negotiation, did not change an item in the propositions made by the First Consul. Two things are adduced, however, as proofs that Mr. Livingston could effect nothing without the aid of Mr. Monroe, and, consequently, that all the merit of the cession is due to him. One is, a private letter written hastily to congratulate him on his arrival, in which he (Mr. L.) speaks doubtingly of final success, unless Mr. Monroe should bring the account of Mr. Ross's resolutions having passed, and says they would negotiate to much better effect with New Orleans in our possession; and most undoubtedly we should. The purchase would have been made for half the price. But it decision to cede Louisiana was taken two days before Mr. Monroe arrived in Paris, and that decision made under the pressure of causes which Mr. Monroe had no share in producing, and of which he was totally ignorant-that the cession would have been made if he had never arrived-that the conditions even were not modified by his interference. The sale of the whole province being resolved on, instead of the part for which he came to treat, and the price fixed by the First Consul on the 11th, before his arrival, being that which was agreed upon afterwards, his merit consists in having agreed with his colleague in exceeding their instructions, and taking the whole instead of part. And yet he assumes to himself the whole credit of the treaty; makes no allowance to the memory of a man, to whose able and laborious negotiation, whatever there was of |