DECEMBER, 1823.]

DEBATES OF CONGRESS.

Naval Pensions.

[H. OF R.

other European Government to oppose it, was | rising was to move the reference of this cortaken up.

an

respondence to a select committee. He should
have moved the reference of it to the Committee
of Claims, but that the chairman of that com-
mittee had expressed an unwillingness to take
cognizance of it. It was high time, Mr. T. said,
that this claim, which had been standing now
for thirty odd years, whatever be its merits or
its fate, should be finally and conclusively dis-
posed of.

The motion to refer the correspondence to a
select committee was agreed to, without a
division; and Mr. TUCKER of Virginia, Mr.
LIVINGSTON, Mr. BUCK, Mr. TYSON, and Mr.
RIVES, were appointed said committee.

Naval Pensions.

The bill to continue for five years longer the half-pay pensions to the widows and children of officers, seamen, and marines, of the Navy, who have died in service, passed through a Committee of the Whole without debate, and the question being about to be stated on ordering it to a third reading

In support of his resolution, Mr. MALLARY rose and observed, that it would be recollected, by every gentleman present, that the message received at the opening of the present session from the President of the United States, was of extraordinary and strongly marked character. Its introduction prepared the House for subjects of great importance; nay, the President went so far as to say that "there never was a period, since the Revolution, when, regarding the condition of the civilized world and its bearing on us, there was greater necessity for devotion in the public servants to their respective duties, or for virtue, patriotism, and union, in our constituents." When we come to examine the body of the message, said he, we discover nothing to which this language can apply, except the situation of the great European powers, and the bearing which that situation may have upon this country. Those powers had united their efforts against the cause of freedom on Mr. COBB said he was not willing that the the continent of Europe, and had successfully put down every struggle to maintain it. It was possible they might extend their plans across bill should pass without some reason being the Atlantic, and that their attention would given why it ought to pass. Our system of next be directed to the Republics of South pensions, he thought, had been too far exAmerica. Such appeared to be the impression tended. All the efforts on the subject seemed of the President; and if such were actually to be to ascertain how far it could be extended, the state of things, the United States must instead of how far it could be reduced and probably become deeply involved in the event narrowed down. These pensions were at first of such a contest. It was impossible we could allowed for five years afterwards, for five be indifferent to the attempts of despotic power years more; and now it was asked of the to crush the cause of freedom in our own hemi-House to extend them for another five years. sphere. That some plans of this sort were in To ascertain whether the House was disposed agitation, was plain, from the tenor of the mes- to go on, without reason, in extending these sage. The President would not have warned pensions, he moved to strike out the first secthe two Houses of Congress that all their firm-tion of the bill. ness would be called for, if there were not something of serious moment in the political horizon, not seen by all. And as, in this public document, the Chief Magistrate had thought proper to go so far, it was certainly proper in the House to meet his communication by requesting such information, on the subject to which he had alluded, as he might deem it consistent with the public welfare to disclose. It was proper and desirable that we should know as much as possible of the dangers to which we are exposed.

The question was then taken on the resolution, and it was agreed to without opposition.

Claim of Beaumarchais.

Mr. CROWNINSHIELD said that the general reason why the bill should pass is, first, that those pensions are not paid out of the Treasury; the money comes from the captures made by these very officers and seamen, and is by law reserved for the special purpose to which it is by this bill proposed to appropriate it. That fund, Mr. C. said, is adequate to pay all the pensions that can be charged upon it. There is now a surplus of that fund to the amount of If this money, the proceeds in part of captures, fifteen or twenty thousand dollars per annum. constitute a fund for pensions, he did not see is to be taken from the officers and seamen to why those pensions should be withheld from them. The fund is their property, and not that of the nation, and why shall they not have the benefit of it? So far as depends on me, said Mr. C., I would not deal it out to them in this manner-I would declare the pensions at once for life, and not stint the widow and the orphan of their allowance.

Mr. TUCKER, of Virginia, rose to call the attention of the House to a message from the President to the House of Representatives, transmitted at the first session of the Seventeenth Congress, exhibiting the correspondence Mr. LIVERMORE observed, on what had fallen between the United States and the French Government, relative to the claim of Beaumarchais. He would not take up the time of the from the gentleman from Massachusetts, that, House by any remarks on the merits of that if it was impossible that the number of claimclaim, this not being the proper stage of busi-ants to the benefits of this fund could ever inness in which to speak of them. His object in crease, the reasoning of the gentleman would

be entirely conclusive; but their number may, and, in case of a war, certainly will, increase very greatly. He, therefore, thought it most advisable to let the fund accumulate. Are gentlemen afraid, asked Mr. L., of having money on hand for any purpose, or in any shape? He was, with his present impressions, against this bill.

Mr. CAMBRELENG, in replying to the gentleman from New Hampshire, took occasion to notice the origin and character of this fund. In 1800, Congress, varying from the British rule of granting the whole of the prize money to the captors, appropriated one-half of the proceeds of all prizes of inferior force to create a Navy Pension Fund for the support of invalids. During our late war, after the fall of some of our most gallant officers and seamen, a question arose, whether, in strict justice, their widows and orphans should not be provided for out of that fund which a share of their prize money had contributed to create. Congress, by the acts of 1813-'14, granted pensions to them, and the pension roll now embraces invalids, widows, and orphans.

[DECEMBER, 1823.

by the gentleman from New York was entirely satisfactory. He was happy to understand the nature and flourishing situation of the fund, and, since it was in so prosperous a state, he hoped that Congress would not be called on to grant out of the public treasury any more pensions to the wives or children of navy officers. He hoped that Mrs. Lawrence, Mrs. Perry, and others, whose names had been mentioned, would be provided for out of this fund, which was so abundantly able to supply whatever it was deemed proper to allow. And with these remarks he withdrew the opposition he had made to the bill.

Mr. LIVERMORE rose merely to say that he was fully satisfied with the explanation given, and would now cordially vote in favor of the bill.

The bill was then ordered to be engrossed for a third reading.

MONDAY, December 29.
Roads and Canals in the Territory of
Michigan.

On motion of Mr. RICHARDS, it was Resolved, That the Committee on Roads and Canals be instructed to inquire into the expediency of opening a road between Mount Clemens, in the County of Macomb, and Fultonville, near the mouth of Pine River, in the County of St. Clair, in the territory of Michi gan.

[The object of this resolution, as stated by the mover, is to open a road into the public lands, that they may be the sooner sold and settled.]

Costs in Suits by Patentees.

He was unwilling, at all times, to appeal to the passions of the House, but there was something in the very character of this bill calculated to rouse the patriotism and excite the sympathy of every American. We were now renewing pensions to the widows and orphans of our gallant mariners. Of the veteran Barney, whose valor is recorded in the histories of two wars-of Lawrence, whom fate selected as a victim to soothe for a moment-but for a moment the wounded pride of an enemy over whom he had previously triumphed-who died as he had lived, bravely fighting for his country. Of Blakeley and his gallant crew. In the career of Blakeley there was something peculiarly splendid-in his brief story, something sublime. His ambition was of an elevated cast; it disdained the pursuit of helpless enemies. He at once crowded his canvas for the British coast-he eagerly sought dangerous war amidst fleets of armed enemies. He found it and triumphed. Scarce had we ceased our rejoicings for this victory, when we heard of him again literally surrounded by enemies-sinking oneengaging a second, and retiring only on the approach of a third. Unhurt, though exposed, in this unequal combat, he gallantly steered Mr. WEBSTER explained the reason of the his course to southern latitudes. But here the committee for reporting this bill. The general historian of human affairs drops his pencil-law forbids all recovery of costs in the Courts another more worthy to note the deeds of gallant men, seizes it as it falls the recording angel registers their fate-where the fate of

brave men should be-in Heaven!

It is for the widows and orphans of these gallant men we are now providing. The only objection to the bill he conceived to be the limitation to five years. That ought to be struck out the fund was ample, and would undoubtedly remain so. He trusted the House would pass the bill promptly and unanimously. Mr. COBB replied that the explanation given

The bill concerning costs in certain cases, was then taken up by the committee. The bill provides, "That in suits commenced in the Courts of the United States, after the passage of this act, to recover damages for the violation of any right arising under letters patent, lawfully issued, for any new and useful invention, discovery, or improvement, costs shall be allowed to the plaintiff or plaintiffs, in all cases, where the sum recovered by him or them shall not be less than one hundred dollars."

of the United States, where the amount of the judgment is less than five hundred dollars. This minimum, as applicable to cases generally, Mr. W. said, was perhaps too high, but, as related to cases of recovery of damages for violation of patent rights, it was supposed there were particularly strong reasons why it should be reduced. Suits of that description are instituted not so much to recover great damages as to establish the right of the inventors. The right may be a very important one, and yet the violation of it in particular instances may not

DECEMBER, 1823.]

Miami Purchase.

[H. OF R.

involve heavy damages. In ordinary cases, the | He believed, however, it would, on investigaright of suing in the Courts of the United States tion, be found, that the laws had been violated, has been regarded as a privilege, persons pos- and the rights of our red brethren infringed. sessing it having the option to avail themselves | In support of his remarks, Mr. R. asked leave of it or to resort to the State courts, &c. But, with respect to patent rights, as that subject is exclusively in the possession of the General Government, the whole right being created by the laws of Congress, and the injured person being obliged to sue in the Courts of the United States or nowhere, it seemed right to enlarge the law so far as to allow costs to the plaintiff in all cases arising under the law of patents, where the damages awarded should amount to one hundred dollars. For that purpose this bill had been reported.

Mr. TAYLOR, of New York, moved as an amendment, that the minimum should be reduced to thirty dollars. Very useful patents often applied to articles of comparatively small value, where an infringement in any single case would not entitle the patentee to damages amounting to one hundred dollars. It was incumbent on Congress to provide for these cases, and as Government charged the patentee thirty dollars for his patent, there was a propriety in fixing upon that sum as the limit of damages on which he might obtain costs.

Mr. WEBSTER not objecting, the amendment was agreed to.

The committee then rose and reported both bills, and they were both ordered to be engrossed for a third reading.

TUESDAY, December 30.

Another member, to wit, from Kentucky, THOMAS METCALFE, appeared, was qualified, and took his seat.

Trade with the Indians.

Mr. RICH offered the following: .

Resolved, That the Committee on Indian Affairs be instructed to inquire into the practicability and expediency of adopting measures which shall more effectually restrain either citizens of the United States or foreigners from hunting or trapping on lands to which the Indian title has not been extinguished, and exclude foreigners from a participation in the Indian trade.

to read certain parts of the correspondence which had been submitted to the House on this subject.-[He here read a letter of Mr. Pilcher to Major O'Fallon, communicating a letter from Mr. Gordon, which gave an account of the arrangements for hunting made by the party.] This unhappy fracas had arisen, it seemed, while our traders were marching, trapping, and counter-marching. [Here Mr. R. quoted the letter from General Atkinson to General Gaines, enclosing another from General Ashley to Major O'Fallon.] The object of this expedition, Mr. R. went on to say, was to procure and carry away that game to which the Indian tribes had as just a right as any of us have to the property we hold. In relation to that part of the resolution which refers to the exclusion of foreigners from this trade, unless we could effect this, he was persuaded we need look for nothing but a continual recurrence of events of the same kind as had occurred-a constant waste of human life. If more efficient means to preserve pacific relations with the Indian tribes could not be devised, or were impracticable, then we had better withdraw, at once, our troops from the Indian country altogether.

Mr. VANCE moved to amend the resolution by striking out the last clause, (to exclude foreigners from the Indian trade,) but afterwards withdrew the amendment, and the resolution was adopted, as moved by Mr. RICH.

WEDNESDAY, December 31.

Another member, viz., from Pennsylvania, DANIEL H. MILLER, appeared, was qualified, and took his seat.

Miami Purchase.

Mr. GAZLAY submitted the following:

"Resolved, That the Committee on the Public Lands be instructed to inquire into the title and right of the United States in and to one township of land reserved for certain purposes in the contract entered into with John C. Symmes, as mentioned in the laws passed in 1792 and 1803 relating thereto."

"the

Mr. RICH, in introducing the above resolution, Mr. GAZLAY, in introducing this resolution to said, that he conceived it due to the House to the notice of the House, stated that, in the year state some of the reasons which induced him to 1787, John C. Symmes had entered into a conoffer it for adoption, and to hope that the in- tract with the United States for one million of quiry it proposed would prove successful. Dur- acres of land, commonly designated as ing the last season, he was sorry to state, there Miami Purchase." In 1792, not being able to had occurred on our Western borders, a killing pay for the whole of this tract, he petitioned and wounding of traders, and a slaughtering of that the extent of his contract might be curIndians, which was much to be regretted. The tailed to 300,000 acres certain reservations, attack made by the Indians is said to have been made in the first contract, for the purpose of unprovoked; it may have been so; he hoped, encouraging education, being continued unfor the honor of our country, that such would changed. The patent which issued under this turn out to have been the fact. He did not last form of the contract, reserved one entire entertain a doubt, that all that could, under the township, as nearly in the centre of the tract existing laws, be done to prevent so unhappy as might be, for this use. In 1803, Congress an occurrence, had been done by the Executive. I passed another act on the subject, allowing the

H. OF R.]

Agent to Greece, &c.

[JANUARY, 1824.

reservation of any one complete township, and | for public property, and by opening to speedier in case of non-compliance, compelling an execu- settlement the military lands in Arkansas. It tion of the trust, unless the payment of $15,360 was important in another view. The white would release the obligation. By this it was population of that Territory was but about manifest that, at the time, Congress viewed it- 16,000; and on its borders were nearly 50,000 self as holding the fee of this land. In conse- Indians. It was evident how requisite it would quence, there was a charge to that amount be, in case hostilities should arise, to have an standing against J. C. Symmes, on the public easier and more direct mode of communication books, since the year 1792. It was on these than now existed. Many similar bills had facts that he offered the resolution. During a passed the House, but none of them more period in which we were gathering by baskets- proper, from all the circumstances, than this. ful, Mr. G. said, an amount like this might be overlooked, but now, it was necessary to gather up the crumbs of the Treasury.

The resolution was agreed to.

Condition, &c., of Greece.

The following message from the PRESIDENT
OF THE UNITED STATES was read:

To the House of Representatives of the United States:
I transmit to the House of Representatives, a re-
port from the Secretary of State, with accompanying
documents, containing the information requested by
the resolution of the House, of the 19th instant, relat-
ing to the condition and future prospects of the
Greeks.

WASHINGTON, Dec. 31, 1823.

JAMES MONROE.

DEPARTMENT OF STATE, Washington, Dec. 31, 1823. The Secretary of State, to whom has been referred the resolution of the House of Representatives of the United States, of the 19th instant, requesting the President of the United States to lay before the House any information he may have received, and which he may not deem it improper to communicate, relating to the condition and future prospects of the Greeks, has the honor of reporting to the President the papers in the possession of this Department, containing the information requested by the resolution of the House. JOHN QUINCY ADAMS.

FRIDAY, January 2, 1824. Road from Memphis to Little Rock, in the ritory of Arkansas.

The House went into Committee of the Whole, on the bill for laying out and making a road from Memphis, Tennessee, to Little Rock, in the Territory of Arkansas.

The bill, having been read by sections, was reported without amendment, and ordered to a third reading-ayes 79, noes 58.

Mr. POINSETT said, that the Speaker had referred to a subject, in regard to which, he wished to make a suggestion, for which he would use the present occasion. The motion, by his friend from Massachusetts, respecting Greece, stood under notice for Monday next. That question, he thought, would give rise to the discussion of other subjects connected with our foreign relations. It would be recollected that, after notice was given for the discussion of that subject on Monday next, a call for information, on another most interesting subject, had been made, on the motion of an honorable member from Vermont, (Mr. MALLARY,) which had not yet been answered. The king of Spain, it was understood, had declared his determinaTer-tion to reclaim his former possessions in America by force. It had been confidently rumored, that the confederated monarchs of Europe were about to take some measures in aid of this determination of the king of Spain. When the House went into Committee of the Whole on Mr. HEMPHILL, in supporting the expediency the state of the Union, on the subject of the of the bill, stated that a memorial on the same agency to Greece, that would be a convenient subject had last session been received from the occasion to bring forward this other subject. Territory of Arkansas, and referred to the They were somewhat connected, and there Committee on Roads and Canals, and a favor- would doubtless be a discussion of both. Bat able report made, but not acted on. The com- the House would not be fully prepared for the mittee now believed such a road to be neces-discussion, till the reply should come in answer sary, and highly conducive to the prosperity of to the resolution adopted on the motion of the that Territory; but too expensive for its present gentleman from Vermont. He wished, therepopulation and means. It was for the pur- fore, that his friend from Massachusetts would pose of uniting the two great bodies of settlers, consent to omit the calling up of his motion the seat of government being at one end of the on Monday: road, and the settlements on the Mississippi at Mr. WEBSTER said, he felt solicitous-perhaps the other end. The actual distance was but too solicitous-to bring on his motion as early 150 miles; but the present circuitous road ran as convenient, especially as some mistaken nothree times that length. The contemplated tion, as he thought, of its nature and tendency, road would be valuable to the Union, as well had gone abroad. He was fully persuaded that as to the Territory, by affording transportation | the course indicated by that motion was pre