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Portrait of Washington.

[FEB. 16, 1832.

treasury.

equity of the general principle, and protested against it to others. This was what he had asked from the beany reference to the manner in which the State might ginning, and what he asked now, that the allowance should have raised the money. Whatever labor the interest ac- be made for her by law, and not by a grant from the count might occasion at the department, let it be met, even should it require the whole force of the office. He had no fears of establishing such a precedent. If the precedent was just, let it be carried out, be the effect what it might.

It

After a few words of explanation from Mr. DRAYTON, the question was taken on the amendment, and lost without a count.

The bill was then ordered to a third reading--yeas 130, nays 47.

PORTRAIT OF WASHINGTON.

The following resolution was taken up for consideration: Resolved, That the Clerk of this House be directed to employ John Vanderlyn, of New York, to paint a full length portrait of Washington, to be placed in the Hall of Representatives opposite to the portrait of Lafayette, the head to be a copy of Stuart's Washington, and the accessories to be left to the judgment of the artist; and that the sum of one thousand dollars be appropriated from the contingent fund of the House for the purpose of carrying this resolution into effect.

Mr. WATMOUGH, of Pennsylvania, moved that the resolution be amended by striking out the name of the artist; he wished that the best talents of the country should be employed; but he objected to any thing like a local reference.

Mr. DODDRIDGE suggested to fill the blank with the words "some suitable artist.

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Mr. BURGES was opposed to the amendment. proposed to establish a law different from that which had existed at the time the transaction in question had taken place. It was an attempt, by one of two parties to a contract, to make a rule against the other. They might as well attempt to insert a new condition in a bond, or a new date in a note of hand. No rule could be binding, but by the consent of both parties. If the United States acknowledge South Carolina as their agent, they must admit her claim, and allow interest from the moment that the money passed out of her hand. The report of General Hamilton had settled the principle, and established it forever. It had, in fact, been recognised under the old confederation; nor could the Government with justice escape from it. They were as much bound as if the money had been advanced by France or Spain. As to the difficulty about calculating the interest, it was imaginary; and if the gentleman from Ohio expected to devise any rule whatever, out of which the Third Auditor could not raise a difficulty, and contrive some plea for resisting the claim of South Carolina, he labored in vain. If a friend Mr. WARD, of New York, stated, that if the amendhad advanced ten thousand dollars to relieve him in the ment of the honorable gentleman from Pennsylvania hour of his necessity, and afterwards, in a season of pros- [Mr. WATMOUGH] should prevail, it would be conferring perity, should ask to be repaid with interest, he should upon a single individual the sole power of selecting the blush to ask that friend whether he had had the money by artist. This, said Mr. W., would not, he was sure, be a him when he lent it, or in what way he had procured it. duty which that gentleman would be desirous of perThe appeal was to the justice of the Government. If they forming, because it would be impossible for him to give wanted to escape it, the appeal was crooked and difficult; general satisfaction. If, said Mr. W., the matter were to but if they meant to do justly, the path was plain and open. be referred to any one individual, it could not be submitted Mr. WHITTLESEY again stated the difficulties that to a gentleman in whose judgment and discretion he had would occur in making out, according to the rules of the more confidence than in that of the Clerk of this House; department, such an interest account as the bill in its and he had no doubt but that he would perform the duty present form would require. He delivered a eulogy on with fidelity. But, said Mr. W., this subject having been the Third Auditor, and said that if the gentleman from referred to a committee consisting of seven gentlemen of Rhode Island had had any claim rejected by that officer, great respectability and of acknowledged talents, and that he would venture to say it was one which would not have committee having had the subject under their considerapassed by any court of justice. tion, and having reported in favor of the artist named in Mr. BURGES thanked heaven that he had never had the resolution, he considered that the report ought to be occasion to bring a claim before Mr. Peter Hagner, though confirmed; and he should, therefore, oppose the amendhe had had more occasions than one to question the cor-ment. The House, said he, can surely repose more conrectness of his decisions. He admitted that some allow-fidence in the selection made by the unanimous vote of ance was to be made for the difficulties of his situation, but the committee, than in that of any one individual. If the he must say he had always considered him a tremendous honorable gentleman from Pennsylvania has any objections termagant. to offer why Mr. Vanderlyn ought not to be employed, he Mr. ELLSWORTH replied to Mr. WHITTLESEY, ex-wished he would state them to the House. Mr. Vanderlyn, plaining in what manner the interest account might be arranged.

Mr. ADAMS replied to the objection which had been urged by Mr. BURGES against the amendment. It was because that amendment proposed a law by which the payment of the interest was to be regulated, that he was in favor of it. Would the gentleman be good enough to inform the House how the allowance of South Carolina was to be made without the law? It was for the very reason that there was no law to allow her claim, that she applied to that House. The bill only did partially what the amendment proposed to do more generally. If the allowance was to be made, Mr. A. wished it to be made according to law. Would the gentleman ask the Third Auditor to make any payment that was not warranted by law? He could tell the gentleman that if he went to that officer without a law in his hand, he would get nothing. Without a new law, South Carolina could get no interest. He had no objections to her receiving interest; but the same law which allowed it to her ought to allow

said Mr. W., is a man of genius, and one of our most distinguished American artists. His talents, while he was in France, attracted the notice of the first artists in Europe, and gained for him there a distinguished compliment.

Mr. BATES, of Massachusetts, thought the terms of the resolution too exclusive. The House would be more likely to get a good picture by encouraging competition, and throwing the subject open to all the talent of the country.

Mr. CAMBRELENG said there was no American artist who stood higher than Vanderlyn; and if any name were inserted, his ought to be; but he thought the resolution would be better in blank; or he would be yet more pleased if the name were left to the Committee on the Library. He suggested this to the mover of the resolution as a modification.

Mr. WATMOUGH accepted the modification.

Mr. DEARBORN said he had been one of the select committee to whom the subject had been referred; the names of a variety of artists had passed in review before

FEB. 16, 1832.]

Portrait of Washington.

[H. OF R.

the committee, and, after full deliberation, they had con-relations with his fellow-men, to be governed by a singlecluded to name Mr. Vanderlyn as every way the most ness of purpose, nor could he, for a moment, allow his suitable. His name was known not only throughout the motives to be misconceived or misinterpreted. His object United States, but, he might add, through the civilized was to excite a free spirit of competition among the disworld. He had twice received the prize, when his com- tinguished artists of the country--to arouse that genius for petitors were among the most distinguished artists in which it seemed we were destined to be particularly disEurope. The specimens he had exhibited in the picture tinguished in the annals of the fine arts. He did think gallery in New York were of themselves sufficient to there were artists at least equally eminent with the respectfix his reputation. He should not of course object to able gentleman named. He felt that he himself could the reference of the subject to another committee; though name one whose distinguished genius would fully answer he could not perceive the necessity of it, as the subject the end proposed by the House, and produce a picture had been before six or seven gentlemen, who were sup-breathing to the very life, with all the characteristics posed to be familiar with subjects of the kind, and they which genius alone could impart to a subject so important had, after mature consideration, selected Mr. Vanderlyn. in itself, and intended to go down to the latest posterity Mr. EVERETT said he should have liked the resolu- with the name, and the deeds, and the virtues of the imtion as well if it had been at first reported in blank; but mortal man intended to be portrayed. He refrained, as a name had been inserted, he was unwilling that it however, as he did not wish to forestall the opinion of the should now be altered. The striking out of the name of House, nor repeat the error which he conceived had been Mr. Vanderlyn, after it had been before the House, might already committed. He regretted, therefore, it would inflict a serious injury upon an able and estimable man. not be in his power to withdraw his amendment. The resolution did not propose an original work; its ob- Mr. COLLIER thought the best course would be to ject was to procure a portrait of Washington, the head to empower the same committee which had reported the rebe a copy from that of Stuart. Mr. Vanderlyn was solution to procure the painting, without designating any certainly competent to produce a spirited and correct artist in particular, or any picture from which he was to copy; he presumed no gentleman doubted his competence. copy. Why, then, not leave the resolution as it stood? He felt warranted in answering, in behalf of other meritorious and estimable artists of our country, that not one word would ever be said by them against the selection.

Mr. DRAYTON said he should be very sorry if any expression dropped by him should be esteemed injurious to the reputation of Mr. Vanderlyn. The gentleman from Massachusetts [Mr. EVERETT] Seemed to be of the opinion Mr. CAMBRELENG said that, after the explanation that to strike out the name which had been reported which had been given by the gentleman from Massachu- would operate injuriously to the artist; but the gentleman setts, [Mr. DEARBORN,] his own former remarks in favor ought to recollect what was the object of the House. Much of striking out the name of Mr. Vanderlyn would seem as he respected Mr. Vanderlyn, he wished that the best indecorous, and the motion improper. Had he been ac-portrait might be obtained which the genius of the quainted with the circumstances, he should not have made country could produce. The reputation of Mr. Vanthem. Mr. Vanderlyn was not surpassed by any other derlyn was not unknown to him. He was so fortunate as artist of our country; he had received the medal at two to have seen several of his productions, and he readily adannual exhibitions in Paris, and his pictures of Marius and of Ariadne were of themselves sufficient to prove his high excellence as a painter.

mitted that, in certain requisites of a painter, he stood at the very head of his profession; but he must be allowed to say that there were also in that artist some defects, Mr. MERCER, though not objecting to the selection and that these were most prominent in his productions as of Mr. Vanderlyn, hoped that that part of the resolution a portrait painter.. Mr. D. said that the individual in this which required him to adopt the head by Stuart as his country, who, since the death of Gilbert Stuart, possessed model would not be insisted upon. Stuart's head of Wash- the greatest talent as a portrait painter, resided in Philaington, though a fine painting, was not the best likeness delphia. He referred to Sully. Mr. D. had seen many which had been taken. That painted by Mr. Peale bore a portraits from the pencil of artists eminent in Europe, and much closer resemblance, especially about the eyes. This it was his decided opinion that Sully's portraits were little had been the opinion of the late Judge Washington, and, inferior to the best of those by Sir Thomas Lawrence. if he was not mistaken, it was also that of Judge Marshall. He hoped the artist would not be concluded upon until He should be sorry if the artist were compelled to adhere the merits of Mr. Sully had been considered. closely to Stuart's portrait.

Mr. JARVIS (chairman of the select committee) stated Mr. DEARBORN observed, in reply, that there were that the committee had had before them the names of vavery few persons who had seen the original picture by rious American artists. The claims of Sully, of Inmann, Stuart. That which usually passed under his name, was of Allston, of Harding, and others, had been fully consinot his, but an imposition which had been palmed upon dered, and the name of Mr. Vanderlyn had been delibethe Government in his name. Mr. Peale's likeness was rately selected. Gentlemen should recollect that this was only a copy, and he could not conceive how it could be better than a portrait taken by such an artist as Stuart from the life itself. Stuart's was universally admitted to be the best portrait extant. When the gentlemen from Boston applied to Chantry for that statue which now stood in the State House, they had sent him Stuart's picture and Houdon's bust as two productions, each perfect in its kind: the one being the best likeness from the pencil, the other from the chisel. The committee had, therefore, expressly confined the artist to Stuart's picture.

not the painting of a portrait from life; and the question who would paint best from the life was not the question now to be considered, but who was qualified to produce the best copy of the portrait of Washington taken by Stuart; and who was, at the same time, best qualified to paint the human figure. Many gentlemen had seen the copies executed by Vanderlyn, particularly one from the Antiope by Corregio. That copy had been pronounced, by able judges, equal to the original. Mr. J. had been in Paris when Vanderlyn painted it; and all who were there Mr. WATMOUGH felt himself compelled to ask the in- at the time must remember the astonishment expressed dulgence of the House for a moment, lest he should be by the French artists on the exhibition of it. The talents supposed to have been actuated, in proposing the amend- of Mr. Vanderlyn, as a copyist, were fully established; and, ment to the resolution, by any feelings of disrespect either as to the power of drawing the human figure correctly, he to the talents or the high personal respectability of the had obtained the prize from the Drawing Academy in Paris. artist named--he disclaimed altogether any such motive- With regard to the claims of Stuart's portrait as a correct he felt himself at all times, and upon all occasions, in his likeness, Mr. J. was not in circumstances to speak; but he

VOL. VIII.-115

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Brooklyn Navy Yard.

[FEB. 16, 1832.

knew it was generally considered as the classical likeness by former Presidents, Secretaries of the Navy, and navy of Washington. Whether the other likeness which had boards, in favor of establishing a naval depot at Newport, been referred to was superior, he could not tell. Stuart Rhode Island-dwelt upon the many natural advantages of Possessed peculiar skill in depicting the character of the the harbor of Narragansett Bay, its easy access, depth of waindividual in the portrait. This, and the magic of his co- ter, &c. All which he contrasted with those of the harbor loring, were his distinguishing merits; but he did not of New York, on whose bar he made many observations excel in drawing the human form. On the whole, the of no very favorable nature. He quoted the opinion of committee thought they had chosen the best means of pro- Commodore Rodgers in opposition to that of Commodore curing a portrait that would do honor to the country, and Chauncey, and argued to prove that the amount of the with which foreigners would be satisfied. appropriation was evidence of a fixed determination not only to continue but gradually to increase the establishment at New York; which measure, he contended, would lead only to a waste of the public money. When Mr. P. came to a conclusion,

Mr. EVERETT observed, in reply to Mr. MERCER, that, although he had an opinion, he had not said that Stuart's portrait was the best that had been taken. He had only observed that it was the standard likeness, being so regarded by a majority of the public. Mr. E. had not expressed any opinion as to the relative merit of Peale's portrait.

Mr. TAYLOR quoted the journal to show what had been done upon the same subject by the nineteenth Congress, on a resolution introduced by General Van Rensselaer in January, 1826. By adopting that resolution, the House had expressed its opinion that Stuart's portrait was the standard likeness of Washington. It had become Mr. T.'s duty to take steps for carrying that resolution into effect: and, through the agency of a gentleman from Massachusetts, application had accordingly been made to Gilbert Stuart to execute the painting. It was then understood that he was in possession of the original likeness, painted from the life. But he was then in bad health, and not long after died. Mr. T. said he had seen Peale's portrait of Washington, and considered it a very great effort of genius.

Mr. McDUFFIE observed that he had no doubt the gentleman had made a strong impression on the House. He certainly had upon him; and, that he might give the gentleman the full advantage of it, he called for the previous question.

Mr. BURGES asked him to withdraw the call; but
Mr. McDUFFIE replied that, as he plainly foresaw an
approaching struggle between New York and Rhode
Island, he could not consent to do so.

The question being put on sustaining the call, the House refused--yeas 67, nays 88.

Mr. ARNOLD moved an adjournment; but it was nega tived--yeas 68, nays 76.

Mr. VERPLANCK explained the grounds on which the Committee of Ways and Means had proceeded in reporting this item of the bill, and briefly adverted to some of the objections urged by Mr. PEARCE.

Mr. CAMBRELENG followed on the same side, controverting some of the facts which Mr. PEARCE had brought forward. He adverted to the cheapness of New York-its safety--the number of armed vessels which entered and left every year, amongst which were the heaviest ships of the line; and said he had no objections to a navy yard at Newport, provided the establishment at New York were not destroyed.

Mr. C. P. WHITE took a similar view, and quoted largely from a report of the navy board, and the opinion of one of our naval commanders.

Mr. VERPLANCK appealed to the House to say whether the short discussion which had already been excited, was not sufficient to show the necessity of acquiescing in the report of the committee. If they wished a good portrait of Washington, could they take a better course to procure it? The select committee had been composed of gentlemen from various parts of the country, attached, of course, to their own friends and constituents; yet, after the merits of various artists had been discussed, they had been unanimous in recommending Mr. Vanderlyn. As to Allston, an artist who had no equal on this side of the Atlan- Mr. PEARCE replied--maintained his former ground tic, and no superior on the other, he had borne the most--adverted to one occasion when Commodore Rodgers had decided testimony to Vanderlyn's merit. Mr. V. had been detained thirty-four days outside the bar, before he lately found a letter from Allston, in which he spoke of the could get an opportunity to pass in. Commodore Chaunfriends he should like to have associated with him in exe- cey's all lay in Brooklyn, and it was natural he should be cuting subjects for the rotundo, and, among others, of in favor of a depot there. Vanderlyn, whom he styles a great artist, whose Ariadne he declares to have no superior in modern coloring, and who, had he given diligent and uninterrupted attention to his art, would have filled Europe with his fame. By selecting such an artist, the committee thought they provided the means of procuring a good historical painting, as well as a good likeness of Washington.

Mr. WHITTLESEY now rose, and appealed to the House whether something was not owing to the living as well as to the dead. And as this was the day appointed for the consideration of private claims, he demanded the previous question.

The call was sustained, yeas 96. The previous question was put accordingly, and the resolution agreed to. BROOKLYN NAVY YARD.

The House then took up the engrossed appropriation

bills.

That for the naval service having been read a third time, and the question being on its passage,

Mr. CAMBRELENG stated that Commodore Chauncey had no property in Brooklyn.

Mr. BURGES next took the floor, and, in a very animated speech, protested against having the question put upon mere ground of local contest. It was a great national question, and ought to be argued on the ground of public benefit, and not the particular gain of New York or Newport. If it was to be made a question of mere physical force, the gentlemen from New York were doubtless formidable in number, if not in every other respect. So large an appropriation could not be intended for ordinary repairs, but it implied a purpose to enlarge the establishment at New York beyond its present dimensions.

Mr. McDUFFIE briefly replied--denied any such purpose, and stated that the appropriation was for the erection of a lumber shed, and a house to hold masts.

Mr. HOFFMAN said he had been alluded to in a manner very agreeable to himself, and he presumed equally so to the gentleman from Rhode Island. If he was an admiral without a ship, he at least had command of a squadMr. PEARCE, of Rhode Island, moved its recommit- ron of boats in the Mohawk; and if the gentleman was ment, with instructions to strike out the appropriation of contented with such honors, he might enjoy them without seventy-two thousand dollars for the navy yard at Brook- any of the strenuous effort in which he and his colleague lyn; and supported his motion by a long and very animat- were now engaged. Mr. H. adverted to his own course ed speech, in which he referred to the recommendations in the Naval Committee. He considered the question of

FEB. 16, 1832.]

Statue of Washington.--Claim of Decatur.

[H. OF R.

a depot at New York as virtually settled; and as New York to give him the preference over all foreigners. Had the and Newport were so near together, he thought they case been unfortunately different, then they would have ought not to exhibit such a jealousy of each other.

The question was now put on recommitting the bill, and negatived without a count.

The bill was then passed, and sent to the Senate for

concurrence.

STATUE OF WASHINGTON.

The House proceeded to the consideration of the following resolution, reported from the Committee on the Public Buildings on the 14th instant:

been compelled to look abroad to the sculptors of Europe. No other American sculptor had yet appeared who was fit to be entrusted with the execution of Washington's statue. Mr. Greenough had no rival among his countrymen: he stood alone; and, therefore, there was nothing invidious in the introduction of his name into the resolution. Mr. D. said he felt confident that when the work should have been completed, the whole world would consider it not only as honorable to the country, but as conferring immortality upon the artist. Resolved, That the President of the United States be Mr. WAYNE was not opposed to the object of the reauthorized to employ Horatio Greenough, of Massachu- solution; but, as he understood that the group the gentlesetts, to execute, in marble, a full length pedestrian statue man had referred to would shortly be brought to this city, of Washington, to be placed in the centre of the rotundo he thought it would be better to defer the fixing upon of the capitol; the head to be a copy of Houdon's Wash- the artist until the members should have had an opportu ington, [in the capitol at Richmond,] and the accessories nity to satisfy themselves as to the merit of the individual to be left to the judgment of the artist. proposed.

Mr. CARSON inquired whether a Mr. Persico had not been employed on some work of this kind.

The question was now put, and decided in the affirmative by yeas and nays, as follows-yeas 114, nays 50. CLAIM OF DECATUR.

The House then went into Committee of the Whole, Mr. SPEIGHT in the chair, on the following bill for the relief of Susan Decatur:

Mr. W HITTLESEY moved to lay the resolution on the table; but the motion was negatived without a count. Mr. JARVIS said that, at the close of the revolutionary Mr. EVERETT replied that Mr. Persico had been emwar, the Congress of the United States, ten States being ployed by the Government, but upon an entirely differpresent by their representatives, had unanimously voted ent design: the execution of two statues, of war and a statue of General Washington, as a testimony of their peace, to fill the two niches on either side of the eastern esteem for his virtues, and the services he had rendered entrance of the rotundo. to his country. A resolution had passed unanimously in 1799, for a monument instead of a statue. In 1800, the monument had been exchanged for a mausoleum. This last resolution had, in effect, proved as fruitful as those which had preceded it. Several of the States had, in the meanwhile, showed their sense of Washington's virtues and services, by erecting statues to his memory. The United States had done nothing but pass resolutions. When we looked round for the statue, the monument, the mausoleum they had ordered, it was not to be seen. These things existed nowhere but in the journals of Congress. It was time that something more effectual should be done. He remembered a proverb he had often heard, that "Brag is a good dog, but Holdfast is a better:" and it was always recalled to his recollection when he thought upon the statue of Washington. He hoped this national reproach would at length be done away, and that this Congress would perform what other Congresses had only promised.

Be it enacted, &c., That the sum of one hundred thousand dollars be, and the same is hereby, appropriated, as a full compensation and remuneration to Susan Decatur, widow and representative of the late Captain_Stephen Decatur, the commander, and to the officers and crew of the United States' schooner Intrepid, for the capture and destruction of the Tripolitan frigate, late the United States' frigate Philadelphia, out of any money in the treasury not otherwise appropriated.

SEC. 2. And be it further enacted, That the said sum of one hundred thousand dollars be divided among, and paid (under the direction of the Secretary of the Navy) to, the Mr. WHITTLESEY said that, from what had recent- commanding officer of the squadron, and to the surviving ly taken place, he was led to oppose every proposition officers and crew of the said schooner Intrepid, and the for a statue, monument, or mausoleum; and, as he desired representatives of such as are dead, in the manner folto record his vote in the negative, he asked that the ques-lowing, that is to say: to the widow of the late Commotion might be decided by yeas and nays. And it was so dore Preble, the commander of the squadron, five thouordered by the House.

Mr. POLK inquired of the committee some information in reference to the artist whose name had been introduced into the resolution.

sand dollars; to Susan Decatur, the widow and legal representative of the late Stephen Decatur, being the officer included in the first class, thirty-one thousand four hundred and twelve dollars and forty-two cents; to the Mr. DEARBORN stated, in reply, that the name of officers included in the second class, or their legal repreMr. Greenough was better known in Europe than in this sentatives, viz. James Lawrence, Joseph Bainbridge, and country, as he had been abroad for several years. The Jonathan Thorn, their equal proportions of twelve thoureputation of this artist was not of the second grade. sand five hundred and sixty-four dollars and ninety-six He was considered as about to become the successor of cents; to the officers included in the third class, viz. Lewis Canova and of Chantry. Some specimens of the power Heerman, Ralph Izard, William Wiley, William Hook, of his chisel had reached the United States, among which and Edward Kellar, or their legal representatives, their were several busts, and a group, containing two figures, equal proportions of fourteen thousand nine hundred and which he had executed from a design by Raphael, at fifty-eight dollars and twenty-eight cents; to the persons the request of one of our countrymen of distinguished included in the fourth class, viz. Thomas McDonough, literary reputation, (Mr. Cooper.) This group had been Charles Morris, John Davis, John Rowe, Alexander exhibited in several of our largest cities, and had ex- Lawes, Thomas O. Anderson, James Metcalf, Nicholas cited the universal admiration of all persons familiar with Brown, and Joseph Boyd, or their legal representatives, the fine arts. Mr. D. said he was authorized to say their equal proportions of twelve thousand two hundred that the greatest sculptor of the present day viewed and fifteen dollars and ninety-three cents; to the persons Greenough as about to become his rival, and destined, included in the fifth class, viz. George Crawford, George if possible, to surpass him. The committee finding that Brown, John Newman, Paul Frazier, Solomon Wren, we possessed a native citizen capable of producing a Duncan Mansfield, S. Catelino, Samuel Endicote, James work of distinguished excellence, felt themselves bound Wilson, John Ford, and Richard Doyle, or their legal

H. OF R.]

Claim of Decatur.

[FEB. 16, 1832.

representatives, their equal proportions of eleven thou- he was happy to concur,) done an act which would resand and seventy-four dollars and eighty-nine cents; and dound to the honor of the House and of the country; and to the persons included in the sixth class, consisting of there was no time, he thought, more suitable, nor any act forty-two seamen and marines, or their legal representa- which would reflect greater credit on them than was now tives, their equal proportions of twelve thousand seven in their power. He asked for their serious attention whilst hundred and seventy-three dollars and fifty-two cents: proceeding to state the strong claims which Mrs. Decatur Provided, That the accounting officers shall, in no in-had, being the widow of him whose name was so associated stance, pay over the distributive share due to the proper with this noble enterprise; for glorious as was the achieve. persons herein provided for, to any other person or per- ment, the greater glory of having first planned it was her sons whomsoever than to him, her, or them, for whom it husband's. Her claims on this account were stronger is appropriated, or to his, her, or their legal representative from the circumstances upon which the attack on the Phior representatives, first fully ascertained to be such by the ladelphia, in the enemy's harbor, was so signally successsaid accounting officers. Nor shall any contract, bargain, ful, and which would be so well described in the following or sale, of any such distributive share to any person or letter, which he would read to them. persons, be, in any wise, obligatory on the vender, but [Here Mr. C. read the official despatch, giving a deshall be held, and deemed to be, null and void, to all in-tailed account of the enterprise.] tents and purposes. There was nothing, Mr. C. contended, in chivalry to be Mr. CARSON said, in commending this bill to the fa- compared to this; there was nothing in the annals of our vorable consideration of the House, he would not occupy navy, nor in the naval annals of the world, to be compared to much of its time, knowing that, from the many discus- this engagement. He was unwilling to have their feelings sions which had been had on the subject, every gentle-carried away by the chivalry displayed, and rather wished man in the House was well acquainted with the merits of they should turn to the great benefits resulting to this Gothe claim, and with the grounds upon which the friends vernment from the capture of that vessel, and, in doing so, of the bill advocated the rights of the claimants, to what estimate what was due to the gallant leader of this gallant he must term a paltry pittance, compared with the bene- band. To enable the House to reward these persons, they fits arising to this country from the recapture and subsequent destruction of the frigate Philadelphia whilst in an enemy's port. It was, perhaps, unfortunate for the claimants that the subject was thrown upon him to introduce, instead of being placed in the abler hands of some other member of the Committee on Naval Affairs, as he felt himself incapable to do the subject justice; that committee were, however, fully satisfied of the justice of this

claim.

He would briefly state that, from motives of public policy, the Congress of the United States, in the year 1800, were induced to pass laws for the better government of the navy, and, in the fifth section of the act of that year, provision was made "that the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prizes, shall, when of equal or superior force to the vessel making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the officers and men making the capture and the United States."

would recollect that although there were acts passed which gave remuneration to the captors of vessels actually made prizes, and condemned as such, there was not any provision, by the existing prize laws, in cases where vessels were totally destroyed. Congress, not to let any act of heroism pass unrewarded, had established, during the late war, precedents upon which this claim was founded. In May, 1813, an act was passed empowering the President to distribute fifty thousand dollars to Commodore Hull and others, for the capture of the Guerriere. For a similar purpose, the sum of twenty-five thousand dollars for the capture of the Hornet. And, in fact, rewards were bestowed for upwards of twenty other vessels, which, having been captured from the enemy, were recaptured, or destroyed at sea or on the lakes, during the late war.

The committee reported, by the bill before them, one hundred thousand dollars, to be distributed amongst the captors of the frigate, estimating the value of her at only that amount, although she was well known to be worth two hundred thousand dollars. The House, following The obvious effect of this act was, undoubtedly, to fos- the precedents already detailed by him, with respect to ter the spirit of our navy, then in its infancy, and to stimu- other vessels, would not hesitate in giving the sum reportlate our seamen to deeds of gallantry and of daring, whilst ed by the committee. The committee had followed the in the service of their country, by holding out to them re- suggestions recommended by Commodore Rodgers, in wards for their valor. This, then, being taken as a rea- apportioning the distribution; and the mode adopted in son for the passing of the act alluded to, he asked the the bill was, under the circumstances, the very best which House whether any engagement, or any achievement in could be made. Having brought the subject before the their naval annals, could be compared to the burning of the House, he wished, before he concluded, again to call frigate Philadelphia, in Tripoli, or which could come their attention to the signal benefits derived from this more properly within the provisions of the spirit of the act achievement, and which were more for the advantage of entitling our seamen to rewards. He did not think there the United States than for those engaged in it. Of its bewas any one case for which compensation for services could neficial effects at the time to this Government, an instance be more fairly bestowed, than the present case now be might be found in the fact, that when Commodore Decafore them. tur returned successful from Algiers, and appeared before Tunis, he there made a prompt demand from the Bey of satisfaction for injuries done to our citizens; and to show the dread inspired by this achievement at Tripoli, he would read to them Commodore Decatur's own letter. [Here Mr. C. read the letter referred to.]

It was useless for him to dilate on the circumstances which led to the recapture and burning of this frigate; for although often attempted, no one as yet had been found able to do justice to the valor of those who, led on by Commodore Decatur, achieved that glorious deed. To use the language addressed to the Secretary of the Navy The Bey paid into the hands of our consul, who had by Commodore Preble, in his official despatches at the been appointed prize agent there, forty-six thousand doltime, their conduct in the dangerous service assigned them lars, the amount specified in a protest, for two vessels was not, could not, be sufficiently estimated; it was be- which the Bey had permitted the British to take out of yond all praise." In this era of generous reward for the harbor, and which had been captured by the Ameripatriotic services, he hoped for the favorable attention of can privateer Abœlino. Commodore Decatur subseCongress to this claim. They were about to celebrate the quently obtained a further sum of twenty-five thousand centennial anniversary of Washington, and had that morn- dollars from the Pacha of Tripoli, making, altogether, ing, in voting a statue to that great man, (a vote in which seventy-one thousand dollars, which accrued to this coun

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