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H. of R.]

Accounts of the President of the United States.

[JAN. 11, 1825.

that that distinguished individual stood just as high, this been treated. Considered as a common application to the day, in the opinion of his fellow citizens, as if there had justice of the country, it had yet been animadverted upnever a squib been thrown at him at all. If the Presi- on with more strictness than any common application had dent would come, and, in plain language tell the House before received. Yet it was no common address, whether he had a claim against the government, he, for one, the person, the occasion, or the object, were considered. would vote for an examination of it- but he really had It came from a man venerable for his years, respected been unable, with all the lights derived from the docu- for his services, now filling, and having long filled, with ment before the House, to discover what the President honor to his country, the first office in it; it came from really wants, unless from the expression that he will the President of the United States, addressed to the Renever sign a bill in his own favor. This was all that presentatives of the people he had served. His object there was in the message which shewed that he had any was to obtain an investigation of suggestions which had claim at all. He could assure his friend from Kentucky, been made, not in the public papers, but on the floor of (Mr. TRIMBLE,) that he had himself no wish to be one of that House; and the application was made at a moment the compurgators of the President. He believed, for selected by the most scrupulous delicacy, when his rehis part, that the whole message had been occasioned tirement from his high station precluded the most disby some remarks which had been dropped in this House tant idea of official influence. Can it be said that this is last session-but, as to himself, those remarks passed a common application, and should be treated with no over him like an April shower, which leaves no trace or more attention than the claim for the settlement of a diseffect behind it, He did not believe a word of them. puted account? The Presidential office was a co-ordiMr. BARTLETT rose, with a desire to remove from nate branch of the Government, equal in importance, if the mind of the gentleman from Pennsylvania, (Mr. ING- not in power, with this House. The official character of HAM,) an impression which he had incorrectly taken up, the functionary who filled it, (the individual, as he had that his former remarks had a personal allusion-he dis- been called in debate,) was a public concern, and he claimed every thing like it--he had had not the least re-had a right, and the public had an interest, to have that ference, either to the distinguished officer who presides character cleared from all shadow of suspicion that might over the House, or to the gentleman from Pennsylvania; have been thrown on it. It was just, too, that that innor did he entertain a shadow of suspicion as to the in-vestigation should now be made; before it, would have dependence and integrity of any special committee of been liable to ungenerous suspicions of official influthis House. What he had said, in relation to favoritism, ence at any future period, it would have the effect of respected only such a prepossession in favor of the jus- dragging him from his honorable retirement, and subtice of a claim as inclined a person to look with rather verting that repose which his services had earned and more favor on evidence in its support than on that of an his age required. opposite nature-and he wished to avoid all imputation For my own part, said Mr. L. I consider that my digof even such a favoritism in the present case, for the pur-nity, as a Representative of the People, is not injured by pose of rendering the precedent to be established in this case, more perfect.

Mr. FORSYTH said that the President was entitled to justice from the government. As to the manner how it shall be awarded to him, that was the concern of this House. As to the present claim, this House, Mr. F. said, will never pass upon it while he holds his present exalted station. Mr. F. professed himself in favor of the appointment of a select committee upon the message, but was desirous to limit its powers-and with that view, if the message were to be referred to a select committee, he should move the following instructions:

giving a more respectful attention to such an application than I would to that of an ordinary applicant: both are entitled to justice; but there is a courtesy due from one branch of the Government to the suggestions of another, the practice of which will neither interfere with the duty nor the dignity of the House. After all, sir, what is proposed? A reference to a select committee, required by the complex nature of the investigation, and granted on many such mere questionable occasions to individual applications. Is this asking too much? Is it much to ask that a few days of the time of a few members should be employed in procuring evidence to de"With instructions to receive from the President any termine whether the Chief Magistrate of the Union, in evidences or explanations of his claims which he may the exercise of his high office, had managed with fidethink proper to present, and to file the same in the oflity the pecuniary concerns that were confided to him? fice of the Clerk of this House, to be acted upon at the next session of Congress."

The question was first taken on referring the Message to the Committee of Claims, and decided in the negative, by a large majority.

The question then recurring on Mr. INGHAM'S motion to refer it to a select committee, and the question being upon agreeing to the instructions moved by Mr. FORSYTH

Mr. LIVINGSTON said, that the purport of the message seemed to be misunderstood by many gentlemen for whom he had the highest respect, and by whose opinions, on other occasions, he had sometimes formed his own. By some it had been considered a demand for an unliquidated pecuniary claim; by others it was treated as if it were an unjustifiable attempt to use the influence of high official station, in order to command the attention of the House, and obtain a favorable settlement of doubtful accounts; while other gentlemen professed a total want of ability to discover the object.

There is something, said Mr. L. not only so just, but so peculiarly delicate and touching, as well in the matter of this application as in its manner, connected with the period at which it is made, that it made a lively impression on my feelings, and forces me to express some astonishment and concern at the manner in which it has

Is it much to ask that, after he has retired from office, he may be prepared with materials for silencing any aspersions that may be cast upon his character? So far from thinking this unreasonable, Mr. L. said, he should think it a useful practice at the end of every Presidency to institute a similar inquiry, which might detect mismanagement, or silence calumny. He would, therefore, vote for the reference to a select committee, as the most respectful, the most efficient, and most prompt mode of disposing of the message.

Mr. HAMILTON, of South Carolina, expressed a hope that those gentlemen who were in favor of a select committee, would also vote for the instructions moved by the gentleman from Georgia, as they went, in his opinion, to attain precisely the object desired by the President.

Mr. LIVERMORE, of New Hampshire, rose and said, that he was opposed to the instructions. As he understood them, they amounted to this, that the committee was to hear what the President had to communicate, and report it to this House, and there was to be an end of the business. This, he thought, would be far short of what the President asked He wishes a settlement of his accounts. What inconvenience could result from leaving the committee free and unshackled? The thing had been done again and again, as well at this session

JAN. 11, 1825.]

Accounts of the President of the United States.

as at every other. He cited the instance of the Beaumarchais claim, that of Vice President Tompkins, and the recent case of Gen. Lafayette. Why should not the same course be pursued in the present case? He was for hanging no clogs about the committee.

Mr. MERCER, of Virginia, entertained the same sentiments with the honorable member from New Hampshire. He could not think it was proper to embarrass the committee with the instructions proposed by the gentleman from Georgia.

[H. of R.

The question being taken on this motion, it was lost, 41 members only rising in its favor.

Mr. ELLIS, of Pa. called for a second reading of the instructions proposed by Mr. FORSYTH, and they were read accordingly.

Chancery to take evidence. Let the committee present the case submitted to them in the form of a report to this House.

Mr. ELLIS then observed that he must dissent, and felt bound to oppose instructing the committee in this manner. He thought it would be confining the duties of the committee to too narrow limits. Their duty would be little more than a clerkship—a new agency to receive Mr. MANGUM, of North Carolina, then rose, and ex- testimony. The President was already amply able to pressed a hope that every remark which he might feel communicate to this House, through the Speaker, any it his duty to make, would be taken as they were meant, papers he wished to lay before it; and, if the committee in a spirit of perfect veneration for the distinguished in- was appointed with the instructions proposed it would dividual from whom this message came. Though he come to little more. Mr. E. said he felt a real pleasure had no design to be deficient in respect, it might hap-in meeting the President in the most respectful manner pen, from his ignorance of etiquette, that he would ap- he could, and he would submit his claims, whatever they pear so. Yet he must say, that, to him, this appear might be, to a select committee. He could confide in ed to be one of the strangest applications that ever was the integrity, ability, and general knowledge of business, made to Congress. It might be considered as presump- of the members of this House, and he hoped that no intion in him to say any thing in relation to its delicacy. structions would be given to the committee. Let us meet The President was certainly the best judge of what was the President, said he, with an expression of warm and delicate, in his own case. But he should say, consulting kind feelings. his own judgment, that an application like this was in- Mr. HAMILTON then moved an amendment to the delicate; and he hoped he should not be held deficient instructions, to the following effect: "That the commitin respect, when he said that he could not feel sorry tee report the explanation and evidence submitted by should this claim not be treated in a manner different the President to the House during the session." Mr. H. from common claims. What, asked Mr. M., is the ob- said he thought that such instructions would be perfectject to be accomplished by the proposed investigation? ly conformable with the wishes of the Executive. He Is it to repel calumny? He had been in the habit of con- agreed with the gentleman from Georgia in the opinion sidering the character of that individual as too high for that no investigation should take place which might, by the breath of slander to reach it. Mr. M. asked whether the remotest possibili y, be supposed to be conducted it was consistent with the dignity of this House to under- under Presidential influence; yet he did not think it take the defence of a public officer, however indignant would be respectful, either to the President or this they might feel at charges falsely preferred against him? House, that the committee should file the evidence he Was it consistent with their duty as Legislators, to con- might lay before them in the Clerk's office. Such a distitute themselves into what the gentleman from Ten-rection was like the instructions given to a Master in nessee (Mr. REYNOLDS) had very properly called a body of Compurgators? Was this House to be erected into a tribunal for the trial of questions of honor? He hoped not. It was with pleasure he believed that this investigation was utterly unnecessary to repel aspersions, or ward off attacks upon the Chief Magistrate. His long life, spent in the service of his country, spoke for itself. And though his character, like the sun, might not be without spots, Mr. M. said it was not his office to point them out, unless his duty compelled him. He thought that the appointment of this committee would not merely be descending far beneath the duty of the members of this House, as Legislators, but would be doing so, as a gratuitous act, when circumstances did not call for it. If the President's demand was a mere matter of claim, what sincerity was there in the boast which we heard from Maine to Louisiana, about equal rights, if one question of mere, naked, abstract right, was to be preferred to another? In questions of that kind, he said he knew no difference between the President of the United States and the humblest cottager-both had the same claim on the justice of this House, and he would let the claims of both take the same direction. If there was any difference, the claim of the President, from his higher standing, should undergo the stricter scrutiny. For himself, Mr. M. believed that the claims, in the present case, would be investigated with equal justice by one as by another committee. The President, in his message, had said that he would not sign any bill in his own favor. We are told, said Mr. M. that there is no balance against him. The balance, then, must be the other way, and we are to take inceptive measures, which are to be carried to maturity at a future session. Mr. M. said he thought it would be more proper that further light should be given upon this subject, than to call on the House to act upon it in its present state of uncertainty. And, under this impression, he moved to lay the message on the table.

It

Mr. FORSYTH hoped that the amendment of the gentleman from South Carolina would not be adopted. It would, in effect, be the same as giving no instructions at all, and would leave the matter just where it was. was obvious that the President felt the delicacy which applied to the case. He feels, said Mr. F. that this House will never pass a bill, either on an old or a new account, so long as he remains President of the United States. Whence does this feeling arise? From his relative situation to this House and its members. He is the source of patronage and power. He cannot indeed punish members of this House if they refuse to pass a bill; but he can reward them if they do pass it. He feels the delicacy of his relation to this House, and shall we not feel it too? No, sir; he is not a mere common claimant; and while I would give him every facility to lay the evidence of his claims before this House, I would do nothing more. We are as liable to the imputation of being under his influence in presenting a favorable report of the facts of his case, as we would be in granting money to satisfy his claim. Gentlemen only want an explanation of his claim, and the evidence to support it. Then why seek such a form of investigation as may bring an imputation on our own purity? The President feels this, and we ought to feel it. He asks, first, that the purity of his own conduct, while in office, respecting the disbursement of moneys, may be publicly ascertained. This referred merely to the receipt of his own salary, and to the disbursement of a very small fund placed under his control for contingent expenses, &c. There was no indelicacy in such an investigation; he has a perfect right to demand it; and it is an investigation which may not be refused in the face of this nation. But, in the second place, the President asks that, while he remains here, he may have an opportunity to show and to explain the

H. of R.]

Accounts of the President of the United States.

[JAN. 11, 1825.

evidence respecting certain accounts which relate to well, said Mr. M'Duffie, throw up our commissions, and other matters. If he does not do this while he remains retire from this Hall. I hope no measure will be adoptin office, he must come back from his retirement to attended which will cast such a reflection on this House. to it. I wish, said Mr. F. to save this venerable man from such a task; but, while he is in office, I will never consent to say that there is a large or a small sum due to him. I would never vote for an appropriation during his continuance in office, even if I were satisfied the sum was due. This House has nothing to do with the President in money matters, except to appropriate for his salary. Sir, it would be a most extraordinary spectacle to see this House occupied in settling the President's accounts with the Government. If we are to treat him as we do other claimants, we must send him to the accounting officers; and when his accounts come from them to us, we must, if we act upon them whilst he is yet in office, examine them with peculiar severity. I wish, therefore, to postpone acting on this matter, fur-myself in a situation in which imputations of corrupt mother than receiving the explanation and evidences of the claim of the President, till we can do it without a violation of delicacy.

Mr. FORSYTH said, he certainly meant no reflection upon the House, or upon the committee to whom the subject might be referred. But, he said, the Constitution of the United States believes the members of this House to be liable to corruption, and not only them, but every officer of the Government, from the highest to the lowest. It believes that the President of the United States might be capable of bribery of the lowest species that he might be capable of such offences, that, upon conviction of them, by the tribunal to which he is amenable, he might be hung by the neck like a sheep-stealing dog. We, the Representatives of the People, said he, are called upon to act between the President of the United States and the People. I, for one, will not place tives may be thrown on my character. Even in the case of the President of the United States, however high his station, however sacred his person in the eyes of some Mr. WARFIELD, of Maryland, said he rose with re- of the community, I will not do it. I will not do it for luctance, being persuaded he could not present any any living man. As to the suggestions of delicacy to the views on this subject with as much strength as had al- President, said Mr. F.-something is due to ourselves. ready been done by other gentlemen; but he must ex- He has consulted his delicacy for seven years, at least : press his decided opposition to any instructions to the let us consult ours for a few weeks. By referring this committee. The President urges no definitive claim; message, even with the proposed instructions, you do for but asks a liquidation of accounts, and clearly intimates the President what you would not do for any other indithat a claim will then arise. Why oppose the appoint- vidual. If we were to treat his case as we do those of ment of a select committee? Was this a novel instance? other individuals, what should we say? We should say, Had not such committees been appointed in other cases? where are the evidences in support of your claims? Let Mr. W. then referred to the claim of General St. Clair, them be presented, and they shall be referred to the Comwhich had gone to a select committee; but which, ac-mittee of Claims, and severely scrutinized. The Presicording to the doctrine of some gentlemen, ought, it dent, however, wants no such thing as this. He knows seems, to have gone to the Committee of Claims. What better the delicacy of his situation. He tells you, that you was the object of the application in this case? An ap cannot with propriety award him money. The same propriation by this Congress? No; and the independ- objection applies with equal force to an assertion of facts ence of gentlemen would not be in the least compro- as to a vote of money, by the House. In either case, a mitted. If rewards are to operate on the decisions of judgment is to be formed of them by the members of the this House, might not their operation have been with committee which has the subject under consideration. still greater reason urged in the case of the Vice Presi- The judgment of an individual, in such a case, may be dent? He might, by a contingency, become acting Pre-operated upon by corruption, direct or indirect, &c. Far sident of the Union, and, by election, become the next be it from me, said he, to insinuate that such a thing is President. He did not doubt that, if a select committee probable, or even possible, in reference to the members were appointed, it would be composed of men of inte- of any committee of this House. But the Constitution grity, and be taken from the most distinguished mem- of the United States supposes such a thing to be possibers of the House. In such a committee he felt no fearble, if not probable: and, Mr. F. said, so far as he was in confiding. concerned, he was determined that no such imputation should apply to him.

Mr. FORSYTH then modified his motion for instructions, by striking out the clause which directs the committee to file the evidence they might receive in the office of the Clerk, and substituting a direction to report it to the House.

Mr. HAMILTON, conceiving the instructions, thus modified, as being identically the same as he proposed to make them by the amendment he had offered, withdrew the amendment, that the House might not be asked to vote upon two identical propositions.

Mr. INGHAM said, he had understood the gentleman from Georgia, as saying, that he meant not to impute to the members of this House the possibility of the operation of any corrupt or improper motive in regard to the investigation of the subject now before the House: and yet the whole course of his observations went to shew the possibility, if not probability, of such an influence. Mr. I. said he should be glad to understand what the gentleman really intended by his observations.

Mr. M'DUFFIE rose to state the ground on which Mr. FORSYTH said he did not know that he could he was opposed equally to the amendment now before say any thing, of any description of men, which would the House, and to that which had been proposed and more completely convey his meaning than the terms withdrawn by his colleague. He objected to them, which he had used. For the satisfaction of the gentlebecause, to agree to either of them, would be to appoint man, however, he would state, that he cast no imputaa committee to investigate the state of facts in regard tion on the com.ittee which might be selected to take to a certain matter, and refuse to them the power to this case into considération, but that he would not conmake such a report as an investigation of those facts sent to vote money to pay the claim of any President, old would authorize them to make. The President, in a or new, nor for the affirmation of facts in regard to it, so message to this House, desires an investigation into facts long as that President continued in office: the reason concerning himself: his message is referred to a com- why he would not, was to be found in the relation of the mittee, whose duty it becomes to consider it, and the members of this House to the President of the United usual and obvious course, is, to leave to that committee States as the source of patronage and power. He did the mode of investigating it, &c. If the Ilouse is so sen- not suppose the present President to be disposed to sitive on this subject, or so under the control of the Ex- avail himself of the means of corruption: but he could ecutive that it cannot trust a select committee to make do so if he pleased-the constitution supposed him to a report of facts in regard to this matter, we may asl be capable of doing it-and, said Mr. F. whilst I have

JAN. 11, 12, 1825.] Acccounts of the President.-Territorial Land Taxes.

a seat on this floor, I will not consent to act in any capacity which might subject me to an imputation, remote or near, strong or weak, against the purity of my Representative character.

Mr. LINCOLN entertained no doubt but that the most rigid scrutiny into the transactions, referred to by the President, would redound to the honor of that elevated officer. But the question was as to the propriety of accompanying the commitment of the message to a select committee with instructions. Were it referred to a standing committee, the House would know what course it might expect such committee to take, in relation to the subject. The House had every confidence in the discretion of its standing committees, and were acquainted with the forms and customary modes of proceeding in those committees. But, said Mr. L. should we commit the subject to a committee without instructions, we do not know, with the same clearness, the views which will actuate and guide that committee. Mr. L. knew it was the opinion of many members in this House, and of many persons out of it, that when a citizen had served his country long and faithfully, in important trusts, it was just that he should not retire without receiving some distinguished and signal mark of the public gratitude. He presumed no such purpose was enter tained now; if it was, it should be presented distinctly. Mr. L. did not view this as a question of particular delicacy. It was an affair of business, which might, without any impropriety, go to a standing committee. But, if not-if it was thought more proper, or respectful, to refer it to a select committee, let the sense or wishes of the House go with it, in the shape of instructions. 1, said Mr. L. feel no distrust of any committee, or of any member of this House. We are all, I hope, honorable men. But governments were established on the presumption of the imperfection of human discretion, and human honesty. If men were perfect, why any laws; why juries; why any tribunals for exacting justice? Why not say to all, Do what is right-we fear not injus tice nor indiscretion. For my part, said Mr. L. though feeling every proper confidence in the members of this body, I do not think an election to this House an indubitable certificate of honesty and discretion, or a proof that a member's views must necessarily be correct. Why should the House, composed of so many, give up its judgment, and the power of deciding, to so small a portion of it, as a committee of five or six? Why not the whole House judge for itself? and then say to the committee to which it delegates the investigation, We think you should be limited to a certain extent, in the fulfillment of the will of the whole. Mr. L. thought the limitations, or instructions, proposed by the gentleman from Georgia, were, in fact, conformable with the intentions of the President himself; and he really could see nothing exceptionable in them, whatever.

In another view of this subject, said Mr. L. though it presents no question of delicacy in regard to the President-being a mere affair of business-yet it does present a question of delicacy in regard to ourselves. It was well known that the people had always apprehended danger to the purity of this House, from a subserviency to Presidential influence. This arose from the great patronage of the President, and from so many of the Representatives always looking to him for office, for themselves or their friends. We know that members of this House have often heretofore been applicants to the President for office: we know that some of them now are. Such applications were viewed by the people with jealous eyes; and we should be cautious, said Mr. L. to give no color to the suspicion of improper influence, in the present case, by the manner in which we act on this subject There is danger of corruption should we go far beyond what justice claims, and confer by favor on a President what could not be claimed as a right.

[H. of R.

Such a course would lead to the danger hereafter of mutual corruption between the President and this House. Mr. L. in this point of view, deemed the question of vital importance, as it involved the purity of the representative character. His own opinion was, that the matter ought not to be acted on here at all; that it had better go to the Supreme Court, to a Comptroller, to an Auditor-to any other tribunal for investigation; but as it was before the House, he wished it to be disposed of in a manner compatible with duty, with justice, and with the character of the House. These were his opinions; and, averse as he always was to obtruding his views on the House, he could not do less on this occasion, than submit the brief remarks he had made on the subject.

The question was then taken on agreeing to the instructions proposed by Mr. FORSYTH, by way of amendment to Mr. INGHAM'S motion to refer the Message to a select commmittee, and decided in the affirmative. For the instructions Against them

90,

70.

The question on Mr. INGHAM'S motion, as thus amended, was then decided in the affirmative, without a division, and a committee of seven members ordered to be appointed accordingly.

HOUSE OF REPRESENTATIVES—JAN. 12, 1825. TERRITORIAL LAND TAXES.

86

Mr. TAYLOR, of N. Y., offered the following: Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of providing by law that sales for non-payment of taxes laid by authority of the territorial Governments, shall not take place in a shorter period than one year after the same shall become payable; that one year shall be allowed for redemption upon payment of a penalty not exceeding 50 per cent. on the amount of tax. That the Commissioner of the General Land Office, or other proper officer of the Government, residing at the city of Washington, be authorized to receive the tax and penalty from non-resident owners, which he shall deposite in Bank to the credit of the proper territorial officer, and make to him quarterly returns of the sums thus deposited, and that a limitation be fixed upon the amount of tax to be annually assessed upon each quarter section of land in the territories."

In support of this resolution, Mr. TAYLOR observed, that, since the resolution had been offered by the gentleman from Kentucky, (Mr. WICKLIFFE,) some days ago, he had turned his attention more particularly to the subject, and was, on reflection, convinced that it would not do to take from the territorial Governments the power of taxing the public lands. But, that the subject required, in some shape, the interposition of Congress, was very certain. None could doubt it, when he stated that, on a recent occasion, at a single sale of land for the non-payment of taxes, three thousand quarter sections had been sold, amounting to half a million of acres, and that the taxes for which they were sold amounted to about seven thousand dollars. He proposed to refer the subject to the Committee on Public Lands, because he was well assured that the great difficulty which now operates on the minds of capitalists to prevent their imvesting more money in the public lands, was the amount of taxes, and the difficulty in the mode of paying them. As to the amount to which the taxes should be allowed to go, he was not in favor of restricting it too far. He would leave to the territorial Governments a liberal discretion, but some limit ought to be set. Another subject of the resolution was the place where payment was to be made. In one of the territories, a redemption was provided for on condition of paying the tax, and one hundred per cent. upon

H. of R.]

Territorial Land Taxes-United States' Penal Code.

the amount of it. But this was to be paid, not into the Treasury of the United States, but to the purchaser of the lands; and, before a man could redeem his land, he must hunt up the purchaser through all the States of the Union. Mr. T. saw no objection to an arrangement, by which an officer, residing at the seat of Government, should receive moneys accruing in the territories, make quarterly returns, deposite the money in bank, and, from time to time, pay it over to the draft of the officer residing in the territory. A draft on the Bank of the United States would always sell at a premium in the territories. Such a plan would afford great facilities to the purchasers of the public lands, would impose but a small burden on the officer here, and would promote the public advantage, by improving the price of the lands. He was persuaded they would sell much more readily if the buyer knew the limit beyond which the taxes could not go.

In reply to an inquiry of Mr. RANKIN, Mr. TAYLOR explained the difference between the present resolution and that formerly offered by Mr. WICKLIFFE.

Mr. WEBSTER also farther explained what was the purport of the former resolution, (which had been referred to the Committee on the Judiciary.)

Mr. CONWAY moved to strike out so much of the resolution as proposed to restrict the amount to which the territorial Governments might tax the public lands within their limits. In support of this amendment, Mr. CONWAY observed, that he thought it entirely unnecessary for Congress to adopt any restrictive measure for the control of the Legislature of Arkansas in its power to levy taxes. The tax imposed upon lands by the laws of that territory was not more than sufficient to meet the demands upon its treasury, and to support the Government. There was no distinction made by the laws of Arkansas between a citizen and non-resident owner of lands. The tax was equal, and he was sure it would not be increased, but would be reduced, as soon as circumstances would justify a reduction, to a more moderate rate. He was not opposed to the general tenor of the resolution; on the contrary, he thought it mi ht be productive of good, both to the territory and non-resident owners of lands, in securing a portion of revenue to the one, which might otherwise be lost, and in affording protection to the property of the other. It was only to that part of the resolution which he proposed to strike out, that he objected. He objected to it, because it would, if the proposition was carried into effect, be an indirect repeal of a law of the territory; and he doubted whether Congress could with propriety repeal an act passed by the Legislature under the organic law. It was certainly in the power of Congress to repeal the organic law, and reorganize or abolish the Government, which would destroy the whole system; but circumstances did not require this, and he thought it wrong to adopt any measure which would have that effect. He, therefore, proposed to amend the resolution as stated.

Mr. COOK, of Illinois, thought that the object of both the gentlemen would be accomplished by engrafting on the resolution a principle recognized in every act for the admission of new states, in relation to the lands of non-resident proprietors. If the clause now proposed to be stricken out, were replaced by one which should prohibit the taxing of the lands of non-residents more than those of resident land holders, he thought the obJect sought, would be fully attained. But if the powers of the Territorial Government should be crippled, by limiting the amount of taxes on the lands of non-residents (which formed by far the greater part of the whole) the necessary expenses of the territory would oblige them to tax the land of the resident proprietors out of all due proportion. And he saw no good reason why resident citizens should pay more than non-residents, whose land they defended.

Mr. CONWAY had no objections to this, though he

[JAN. 12, 1825.

was perfectly confident the Territorial Legislatures, (at least that of his own Territory) would never lay more burdens on non-residents than on their own citizens.

Mr. TAYLOR observed, in reply, that he could assure the delegate from Arkansas, that he had offered the resolution in no spirit of unkindness towards that territory, in whose advancement he felt a lively interest. He did not know that the Committee on the Public Lands would be able to fix a maximum at all; but he felt persuaded that, if they can, it will have a powerful operation on the sale of the lands. The resolution only proposed an inquiry, and, if its object was found impracticable, the committee would say so in their report. He had not proposed the limitation from any suspicion of the Territorial Legislatures; but it must be manifest that, as nine-tenths of the lands in our territories was held by non-residents, and, of course only one dollar in ten of the taxes laid were to be paid by the resident citizens, there was a strong temptation to lay very heavy taxes. He did not, however, wish to restrain them so far as to interfere with the support of all necessary institutions, and the general improvement of the territories. Far from it. He did not see any necessity for the amendment proposed by the gentleman from Illinois. No instance had occurred where it had been attempted to tax non-residents more than those who resided within the territories, and, indeed, the contrary had grown to be a settled principle of the policy pursued by the new states.

Mr. COOK replied and explained. His object in proposing the limitation was only to secure equal rights. He considered the restriction he had proposed as a sufficient guarantee against the acts of the Territorial Legislatures-as the members were elected by the resident proprietors, and who would thus have to pay their full share of all taxes, and would operate as a check on any abuse. The gentleman from New York was certainly in an error when he supposed that it had never been attempted to tax the lands of non-residents beyond others. It had been done to his knowledge, in some of the territories, as well as in our new states. In Kentucky, the principle was openly avowed-and he believed that security was required that the land should be settled within a given time-and a similar regulation may be adoped in the Territorial Governments. Arkansas might be free from the charge, but this was no security for the future.

Mr. CONWAY had another objection to the restriction proposed by the gentleman from New York. It was an indirect repeal of the organic law of the territory which he represented-and which was practically the constitution of the territory. This consideration surely ought to have some weight. The power of the Territorial Government to tax lands in the territory is now unlimited. This goes to limit it, and takes away a power vested by the organic law.

The question was taken on the amendment of Mr. CONWAY, and negatived.

The resolution of Mr. TAYLOR was then adopted.

UNITED STATES' PENAL CODE.

The House then proceeded to the unfinished business of yesterday, which was the bill farther to provide for the punishment of crimes against the United States-(and which was gone through in committee of the whole on Monday last, and reported without amendments.) Mr. WEBSTER stated, that, as he understood that several other amendments were to be offered, and in particular some by a member from Louisiana, (Mr. LIVINGSTON,) which that gentleman desired should be printed, he should move the postponement of the bill till Monday next, as soon as those amendments were presented.

Mr. LIVINGSTON then moved a series of amendments, of considerab:e length, and embracing many new provisions. The mover having said a few words in ex

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