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least an employment unproductive to society, the speculator adding no new value to the article in which he trades. It is believed that the proposed measure would not have the alleged effect; the price being still higher than can be afforded for any other purpose than that of improving the land, or securing it for the use of the purchaser's family. While government dispose of their lands for a valuable consideration, he who possesses the means to afford that consideration will have the advantage of him who does not, in the purchase of lands. While, however, large quantities are in the market, and offered for sale in small tracts, little may be apprehended from the evils of monopoly and speculation, whether the lands be sold for cash or on credit.

Of all expedients that have been resorted to for preventing the public lands from being engrossed by capitalists, that of offering them for sale in small tracts has been the most successful. Holding them at a high price has also had that effect, but attended with the disadvantage, that the industrious poor man is also by the same means precluded from becoming a purchaser. But the sale in small tracts facilitates the purchase by those who are by habit or inclination disposed to cultivate the soil, while it prevents the lands being engrossed for the purpose of speculation. The experience of many years under the present system, with all the aid of remedial laws for the relief of purchasers, does not promise it a successful operation in future, and it cannot be correct policy to persist in a system so much affected by circumstances, that it appears to operate by the means of frequently deviating from itself. It appears by the report of the secretary of the treasury, that the receipts on account of forfeitures to the United States, from delinquent purchasers within the state of Ohio alone, for the year ending 30th Sept. 1811, amounted to $49,561 74, and it is believed (from information not official) that they will exceed that amount for the present year. Say the receipts on account of forfeitures for two years, are $100,000 The forfeiture is generally one fourth the purchase money; so that the prime cost of the lands forfeited with their improvements, in two years, in the state of Ohio, will amount to $400,000. Such a quantity of land property, brought into market, and frequently at an under value (the land being always first offered at auction for what is due on it), must eventually induce the employment of a capital different from that possessed by the agricultural class of the community.

"These extensive forfeitures are no doubt much owing to an unfavourable state of things; but, under the most favourable. circumstances, the present system cannot operate to the advantage of the poor. An individual who takes the whole term of

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credit allowed by law on the three last instalments, is charged on the monies thus credited more than ten per cent. per annum above those that make prompt payment, and in most instances, if he possess no other resources than those arising from the land itself, he suffers a forfeiture of the money paid, and the land with its improvements.

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If, as is now proposed, part of the public lands were offered in tracts of eighty acres, at one dollar and twenty-five cents per acre, every individual who is able to pay $100 might acquire a freehold estate, without encumbering himself with any debt whatever.

"It may be added, that the present appears more favourable for the proposed change than any subsequent period. Several land offices have been authorized, which have not yet gone into operation: these might all commence sales on the proposed plan with the inconvenience of change.”

This subject was not further acted on during the session.

§ 9. A bill passed the senate on the 19th of January, 16 to 9, to carry into effect the report made to congress in February, 1803, by the secretary of state, secretary of the treasury, and attorney-general of the United States, commissioners, &c. recommending a compromise of the Yazoo claims. In the house of representatives it was referred to the committee on the public lands, who, on the 1st of February, reported it with amendments. The bill and report was laid over till next session, on account of the pressure of important business preventing a full discussion of the subject during the short period of the present session. An elucidation of this subject will be presented in the "Historical Register," when it next occupies the attention of congress. § 10. A bill passed both houses at the preceding session, making provision for the naturalization of certain aliens (British subjects). This bill appeared to the president to be liable to abuse by aliens having no real purpose of effectuating a naturalization, and therefore was not signed by him; and having been presented at an hour too near the close of the session to be returned with objections for reconsideration, the bill failed to be come a law. The subject was again taken up by the house of representatives, agreeably to the recommendation of the president, and a new bill passed on the 23d of February. This bill fell through in the senate.

§ 11. A bill passed the house of representatives the preceding session for erecting the Mississippi territory into a state, which was rejected by the senate on account of an objection which it was understood would soon be removed by the consent of the state of Georgia to the measure. A new bill was therefore ori

ginated in the house of representatives. This bill passed the house by a considerable majority. In the senate, it was referred to a committee, to whom was likewise referred a memorial of sundry citizens of the territory, praying that all proceedings thereon might be suspended. Nothing further was done on the subject during the session.

§ 12. An act was passed authorizing the post-master-general to contract for carrying the mail in steam-boats in any place where they may be established, provided that the expense should not be at a greater rate, taking into consideration distance, expedition, and frequency, than is paid for carrying the mail by stages on the post-roads adjacent to the course of such steamboats, and that the contract should secure the regular transportation of the mail throughout the year.

13. For the encouragement of vaccination an act was passed, authorizing the president to appoint an agent to preserve the genuine vaccine matter, and to furnish it when applied for through the medium of the post-office. The act provides also, that packets to or from the agent, not exceeding half an ounce in weight, containing vaccine matter, or relating to the subject of vaccination, and that alone, shall be free of postage.

§ 14. At different periods in the course of the session the president transmitted to congress the official letters of captains Decatur, Jones, and Bainbridge, containing the account of their brilliant exploits on the ocean. He likewise transmitted a correspondence between the secretary of the navy and captain Chauncey and lieutenant Elliott, relative to the capture of the brigs Detroit and Caledonia on lake Erie*. In communicating captain Bainbridge's letter, the president recommended to the consideration of congress, the equity and propriety of a general provision, allowing, in cases in which the condition of the captured ship, by rendering it impossible to get her into port, presents a bar to the reward of successful valour, a fair proportion of the value which would accrue to the captors, on the safe arrival and sale of the prize. Agreeably to this recommendation, an act was passed authorizing the president to have distributed, as prize money, to captain Isaac Hull of the frigate Constitution, his officers and crew, the sum of fifty-thousand dollars, for the capture and destruction of the British frigate Guerriere; and the like sum in like manner to captain William Bainbridge, his officers and crew, for the capture and destruction of the British frigate Java; and the sum of twenty-five thousand dollars in like manner to captain Jacob Jones, of the sloop of war Wasp, his

* The whole of these letters will be found among the Official Documents in the second volume.

officers and crew, for the capture of the British sloop of war Frolic. The president was likewise requested to present to captains Hull, Decatur, Jones, and Bainbridge each a gold medal, with suitable emblems and devices; and a silver medal, with like emblems and devices, to each commissioned officer of the aforesaid vessels, in testimony of the high sense entertained by congress of the gallantry, good conduct and services of the captains, officers, and crews of the aforesaid vessels, in their respective conflicts with the British frigates the Guerriere and the Macedonian, and the sloop of war Frolic: and the president is also requested to present, a silver medal, with like emblems and devices, to the nearest male relative of lieutenant Bush, and one to the nearest male relative of lieutenant Funk, in testimony of the gallantry and merit of those deceased officers, in whom their country has sustained a loss much to be regretted. The president was likewise requested to present to lieutenant Elliot, of the navy of the United States, an elegant sword, with suitable emblems and devices, in testimony of the just sense entertained by congress of his gallantry and good conduct in boarding and capturing the British brigs Detroit and Caledonia, while anchored under the protection of Fort Erie.

§ 15. On the 18th of January, Mr. Pickens, of North Carolina, submitted, in the house of representatives, the following resolution for an amendment to the constitution of the United States. On the 20th, the same resolution was submitted in the senate by Mr. Turner, in pursuance of instructions from the legislature of the state of North Carolina. The resolution passed the senate 22 to 9, but no order was taken thereon in the house of representatives.

Resolved, by the senate and house of representatives of the United States of America in congress assembled, two thirds of both houses concurring therein, that the following amendment to the constitution of the United States be proposed to the legislatures of the several states, which, when ratified by the legislatures of three fourths of the said states, shall be valid, to all intents and purposes, as a part of the said constitution :

That, for the purpose of choosing representatives in the congress of the United States, each state shall, by its legislature, be divided into a number of districts equal to the number of representatives to which such state may be entitled.

Those districts shall be formed of contiguous territory, and contain, as nearly as may be, an equal number of inhabitants entitled by the constitution to be represented in each district the qualified voters shall elect one representative, and no more.

That, for the purpose of appointing electors of president and vice-president of the United States, each state shall, by its legislature, be divided into a number of districts equal to the number of electors to which such state may be entitled: those districts shall be composed of contiguous territory, and contain, as nearly as may be, an equal number of inhabitants, entitled by the constitution to representation. In each district the persons qualified to vote for representatives shall appoint one elector, and no more. The electors, when convened, shall have power," in case one or more of those appointed as above prescribed shall fail to attend, for the purposes of their said appointment, on the day prescribed for giving their votes for president and vicepresident of the United States, to appoint another or others to act in the place of him or them so failing to attend.

Neither the districts for choosing representatives, nor those for appointing electors, shall be altered in any state, until a census and apportionment of representatives under it, made subsequent to the division of the state into districts, shall change the number of representatives and of electors to which such state may be entitled. The division of the states into districts hereby provided for, shall take place immediately after this amendment shall be adopted and ratified as a part of the constitution of the United States, and successively afterwards whenever, by a census and apportionment of representatives under it, the number of representatives and of electors to which any state may be entitled, shall be changed: the division of such state into districts, for the purposes both of choosing representatives and of appointing electors, shall be altered agreeably to the . provisions of this amendment, and on no other occasion.

§ 16. On the 16th of December, in the house of representatives, Mr. Quincy submitted the following resolution, which he prefaced by some observations favourable to the policy of conferring honorary rewards for bravery; and certainly, he remarked, no class of men more justly deserved the meed of honour than those attached to our gallant little navy. But, as it was a part of the duty of the house to pass such votes, it was also their duty to see them carried into execution. He applied these remarks to the vote by congress of a gold medal, sword, &c. to commodore Preble and his companions in arms, for their spirited exertions before Tripoli. He stated, that an appropriation of $20,000 had been made and expended to carry this vote into effect and yet, he said, he believed no officer concerned had received the swords voted to them; if they had, he had not 'been able to hear of one. As to the medal voted to commodore Preble, and the month's pay to the seamen, his knowledge did

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