31, 1828.]

e purpose of being applied by the inhabitants of a petition, of every State in the Union? It will bring the township to the establishment of common schools. States to Congress, where they never ought to come. township being laid out with the reservation of the These things appear small in the beginning, but they As to the desire ection, to be vested in the inhabitants, for schools, grow in consequence as they go on. ght well be considered that they became the pur- for education, it is universal; there is not a man in the s of the same for these purposes. In conclusion, United States who has as much knowledge as he covets. President, I would say that we must not be led The argument that education is a blessing, has never been in this case, by the small amount or peculiar na- denied. But was it to be managed by Congress? As they of the grant we are called upon to make, to forget went on to increase the powers of the National Legisla· rinciples involved in this question. This is precise- ture, they made it more unweildy, and increased the fricform in which abuses creep into the State. They tion of the machinery. All the States would ask for asThere was formerly a y come in a shape so small and unobtrusive, so im-sistance, if it was given to one. 5, so interesting, that it is difficult to resist them; introduced, they soon grow to a giant's stature. th these views, he was in favor of the motion of the eman from Delaware. But he wished that the comshould be instructed to inquire into the constituty, as well as the expediency, of granting lands in nanner. If the committee and the Senate should e that it was both constitutional and expedient to these donations, then they would pass the bill. He fore moved that the motion be amended, by the inn of the words "constitutionality" before "expedi

McLANE observed, that he supposed that the indesired by the gentleman from South Carolina was led in his first motion. If a measure was not constial, it could not be expedient. He was willing to t the modification of his motion, not considering in doing so, he adopted any opinion which had been ssed by the gentleman from South Carolina. BARTON made a few remarks

HAYNE observed, that, under the impression that quiry into the expediency of the measure would also, its constitutionality, he would withdraw his n for amendment.

KNIGHT suggested that the motion ought to be ded so as to include schools as well as colleges. ne States there were schools, but no colleges. MCLANE then modified his motion, so as to emcolleges, or public institutions for education. e quesiton on recommitting being then put, it was ed in the negative, on a division, 18 to 21. e question was then taken on the amendment offerMr. CHANDLER, which was rejected. motion of Mr. HARRISON, the bill was further ded, by restricting the location of the lands to the

of Ohio.

e bill was then reported to the Senate; when
COBB renewed the motion to recommit, with in-
ions, and moved that the question be taken by yeas
ays, which were ordered.

RUGGLES briefly opposed the motion for recom

ent.

MACON said, that it was of little consequence her the bill passed with or without the amendment. rway, it would demonstrate that, whenever a door ince opened, they never shut it. It began with the and dumb, and it is going on, so that, before long, I embrace every thing. I don't like to hear memtalk about the Constitution, said Mr. M. It is useI have taken my leave of it some years ago. This tion is for a college established by a meritorious in al. But, if we look to the merits of individuals, re shall we stop? Is this the only establishment in United States which merits assistance? Yale College always been highly spoken of, and that has as good a as this. I do not know whether this is a State inPon, or whether the States manage these establishts in the North and West-but, in the South, the * puts them up and supplies the funds. If you be with this institution, where will you end? Do you believe that it will open a door for the entrance, with

college in Maryland, and it was burnt down, and all the property was destroyed, but the land; and they had never been able to put it up again; but it remains as it was, Whether this was to be a sectarian college or not, he did not know; but he was against the donation, on all considerations, as setting a bad example.

The question being then taken on the motion to recommit, it was decided in the negative.

The question on engrossing then occured, and the yeas and nays having been ordered, on motion of Mr. TYLER, it was decided affirmatively.

So the bill was ordered to be engrossed for a third reading; and, on the 31st of March, it was read a third time, PASSED, and sent to the House of Representatives for concurrence.

On motion of Mr. BERRIEN, it was ordered that, when the Senate adjourn, it adjourn to Monday next

MONDAY, MARCH 31, 1928.
VACCINATION.

It was enacted in 1813,

On motion of Mr.BATEMAN, the Senate proceeded to the consideration of the bill "to encourage vaccination." Mr. BATEMAN remarked, that it was probably with in the recollection of every member of the Senate, that a law, similar to the bill under consideration, was for. merly passed by Congress. and the country enjoyed the benefit of it until 1822, when it was abruptly repealed, in a moment of excite. ment, produced by an unfortunate occurrence in North Carolina. It is now proposed to re-enact that law, with The question pre. two modifications, the most important of which is a provision for two agents instead of one. sented by the bill, said Mr. B. is simple, and needs not many words in explanation. It requires the agents to furnish, to any citizen of the United States, whenever it may be applied for, through the medium of the Post Office, the genuine vaccine matter, and it confers the franking privilege on letters or packages to or from the agents, containing vaccine matter, or in any way relat ing to the subject of vaccination, to the extent of one ounce in weight. The privilege is thus specially restrained, and has all the guards usually employed to pre. vent an abuse of it. The importance of vaccination as a preventive of the small pox will be generally, if not universally, conceded; and the great benefits which have been derived, and would again result from such an agen cy, are the designation of persons from whom, in case of emergency, the infection may be obtained, and the security that it will be genuine. When the small por prevails in any of the large cities, cases of it frequently happen in the country, where the best security against its contagious influence is an immediate resort to vacci nation, which, when speedily employed on those in the neighborhood liable to the small pox, never fails at once to stop the progress of that formidable disease. It is in cases of this sort, and very many such have been witnessed, that the advantage of such an agency as is contemplated by this bill, is most conspicuous, by affording a facility for the application of the only appro. priate remedy. I have understood, and believe, that the

SENATE.]

Vaccination.

[MARCH 31, 1828

matter. If persons were entitled to receive, post free, such letters, why not letters free respecting other dis eases? His colleague's object was not only to save expense in the 'transportation of the matter, but to enable the People to know where they could find the matter, Was not sufficient notoriety to be obtained in the ordinary way? Besides, it seemed that those cities where the matter was most easily to be had, suffered most from the small pox. His colleague had stated that 720 persons had perished in New York, Philadelphia, and Baltimore; showing that vaccination was most neglect. ed where it was most attainable. He should oppose the extension of the right of franking for the purposes contemplated in the bill.

former agent never failed to furnish the genuine matter when applied to for it, one instance only excepted; and that the invariable effect was speedy extirpation of the original disease, unless where it became epidemic in the large cities, in which cases a systematic concert of operation becomes necessary. It is true that the variolous or small pox matter was sent into North Carolina, instead of the vaccine, which had been applied for. A degree of mystery still hangs over that transaction. It is known that the agent, Dr. Smith, was extremely cautious in the administration of his office, and the result of an investigation by a committee of the House of Representatives, during the last Congress, renders it almost certain, highly probable at least, that some mischievous and wicked person had access to the letter in which the vaccine matter had been put up, and substituted therefor a variolous scab. Of the very numerous supplies of the matter,.this is the only instance of any mistake, and distressing indeed as it was, ought not to weigh down the many great benefits conferred by the law, which was probably the means of saving many lives. The only favor now asked of Congress in return for so much promised good, is the release of postage on the correspond. ence growing out of the agency-a dispensation which is granted to seven or eight thousand Deputy Postmasters, and which cannot affect the revenues of the Post Office Department, to any extent worthy of being nam-portance to practitioners, remote from the cities, to know ed. Mr. B. observed, that, if any objections were urged to the bill, he would endeavor to obviate them.

Mr. HARRISON said we had been alarmed here for several days with the appearance of the varioloid. The disorder was much milder than the small pox. The medical societies in Europe had ascertained that, out of some hundreds not vaccinated, eighty-five died of the small pox. Congress, with a view to promote vaccination, gave to Doctor Smith the facilities of communication, by mail, which are now proposed by this bill. It might be asked, why was it necessary to resort to the mail? The an swer was, that it afforded the most direct, safe, and speedy means of obtaining the vaccine matter. Were the small pox prevalent here, and were the City 300 miles distant from any place where the vaccine matter could be procured, how many persons might die before the means of security could be obtained, without the use of the mail? The unfortunate mistake which occurred in North Carolina, was, Mr. H. believed, the result of the malice of some individual whose object was to destroy Doctor Smith's reputation. It was impossible to believe that Doctor Smith would have taken the varioloid matter from the arm of a person, to be disseminated. He could have no motive for so demoniacal a deed. It would have been destructive of the whole object for which he had so many years been toiling. But, grant. ing, what seems impossible, that Dr. Smith did mistake the varioloid for the vaccine matter, does it do away the efficacy of genuine matter, and the necessity of disseminating it? There was a prospect that the bill would effect much good. It could, at any rate, be productive of no injury. The expense would be trifling to the United States. Mr. H. had no doubt, if the Senators

Mr. BATEMAN replied by stating, that, if this ap plication emanated from, or had any special connexion with any vaccine society, he was unaware of it. Such an institution may exist in Maryland; but if so, its oper ations were probably chiefly confined to that State. He went for the whole of the United States, to every corner of which, however remote or sequestered, he wished to extend the facilities which the bill provides. It was indeed the country, and those portions of it most remote from the large cities, to which it would be most useful. In the country, the matter could not well be preserved through the Summer; and it was of the utmost imwhere, and of whom, they could at all times obtain mat ter on which they might safely depend. Mr. B. thought the benefits, which resulted from the former law, had been undervalued, by those who opposed the bill. It was a fact, believed to be well established, that the assi duity of the Agent, favored by the co-operation of the Faculty, at one time, extirpated the small pox from the United States, so that, for several months preceding the Fall of 1821, not a case of it was known to exist within our limits. In the Fall of 1821, it was unhappily imported into Baltimore from Liverpool; from the seeds of which it continued to spread wider and wider, for seve ral years, so that, in the year 1824, no less than 720 indi viduals died of the disease in the three cities, of New York, Philadelphia, and Baltimore, and it still prevails in the country. It must be recollected that the Agency law was repealed early in the year 1822. Mr. B. said, that it appeared to him that his colleague [Mr. D.] had not observed his usual caution when he ventured an opinion that the distress produced by the North Carolina catas trophe, would outweigh a large share of the benefit which had been produced by the law. It was difficult, he knew, to estimate rightly the value of preventive remedies.

sulting from disease and death in the most appalling form, In this case the prevention of the distress re he did not doubt had been very great. As to the charge of postage, which the gentleman from Maine seemed to imagine it was one of the purposes of the physicians to avoid, it was of too little consequence to enter into the account. source from which to obtain supplies of the virus in time of The great object to be effected was, a sure re need,and not the avoidance of a trifling charge for postage. Mr. DICKERSON considered the Society entitled to credit for what public good they had done, but thought the Senate should extend the privilege of franking with great jealousy, even to its officers. other Societies, consider themselves equally entitled to the privilege of free communication. Privileges of this Mr. DICKERSON did not believe the gentleman al-kind should not be partially granted. Why not extend luded to was at all in fault. The suspicion was well this privilege to other diseases, or why confine it to vac founded that the act complained of was done by some cine inoculation? Mr. D. thought the dissemination of person with a design to injure that gentleman. But he vaccine inoculation sufficiently extensive, throughout the was free to say, that, in his opinion, more mischief had States, without any farther interference of Congress. resulted from that affair, than could be counterbalanced

present were convinced that a single life in the year
could be saved by the assistance required, they would

most willingly vote in favor of the measure.
Mr. CHANDLER opposed the bill.
Mr. BRANCH made a few remarks.

by any good which had come from making post free the letters relating to vaccination, or containing vaccine

The Bible, and

third reading, and decided in the negative. So the bill The question was then taken on ordering the bill to a was rejected.

MARCH 31, 1828.1

FRENCH COLONIAL TRADE.

and among those domestic products were included many The bill to regulate intercourse with the islands of staple articles, such as rice, tobacco, and Indian corn. Nearly one-fourth of the whole exports was lumber; almost oneMartinique and Guadaloupe, was read a second time. Mr. WOODBURY rose, and said it was unnecessary fifth fish; and the amount of the others, including the artifor him, at this time, to offer any thing beyond a brief ex-cles first named, perhaps it was not necessary to detail. It will planation of the origin and operation of this bill. be recollected, said he, that, in 1825, the British Government, by an Order in Council, opened many of the ports in their West India colonies to all the world, on certain specified terms. Those terms it is not important to enumerate, except that the measure was required to be met by other nations, within a particular time, by commercial regulations of a liberal and reciprocal character. The history of the attempt by this Senate to reciprocate the measure, is fresh in the remembrance of all, and the consequences as well as the causes of the failure of that attempt need not now be repeated. But the French Government early seized upon the opportunity offered by the British order, to extend the commerce of her dependencies, and met it by the French ordinance of February, 1826. That ordinance has recently been placed on the tables of all the members of this House; and its provisions, equaliz. ing the duties on tonnage to vessels of all nations that enter Guadaloupe and Martinique, and imposing a very low tariff on many important articles of export from this country to those islands, are now familiar to all.

The returns for these cargoes were likewise of an im portant character. More than two-thirds of the whole value consisted of molasses, and was in quantity equal to one-sixteenth of the whole importation of the article into the United States. Almost $200,000 was specie and bullion, and the residue sugar, cocoa, coffee, and other smaller articles of little amount.

The manner in which the liberality of the ordinance of February, 1826, has been, or may now be met, may affect the whole of this trade; because, like the trade of the British West Indies, it may, by inattention and delay on our part, become prohibited, or subjected to discriminat- ing duties of the most burthensome character. The present bill proposes to make an ample and just return for the privileges that ordinance confers; to throw open all our ports to French vessels from the islands of Guadalope and Martinique, bringing cargoes, the growth or produce of those islands, on payment of the same du ties as American vessels with like cargoes. The bill is thus more extensive in its terms than the ordinance, as it is not confined to vessels owned only in those islands, nor The present bill is intended to reciprocate, in a friend. to French vessels sailing from particular ports in those ly spirit, the provisions of the ordinance. Mr. W. said islands-nor is it limited to particular articles of importa he could conceive of no objection to its passage, unless tion, excluding, virtually, like the ordinance, other artigentlemen should apprehend that some important cause, cles not enumerated; because the ports there opened during the last two years, has prevented any steps being are probably all where custom-houses are established; taken to meet the ordinance, which ought still to prevent because few vessels are owned in those islands which any; or that the bill goes further in its indulgences than could enter into this trade; and because, save pork and the ordinance. flour, perhaps no articles of importance are wholly excludAs to the first supposed objection, Mr. W. remarkeded from admission. In legislation of this kind, bottomed that he held in his hand a communication from the De- on free and friendly principles, it is better to exceed than partment of State, in answer to inquiries by the Commit- fall short of other nations in the exercise of a catholic tee, and which would be read, if any member desired it, spirit. In a Government like ours, which boasts of its liassigning certain reasons for the delay. It appeared by berality and justice, the utmost vigilance should be emthis communication that the ordinance was presented to ployed to practise all we profess. The principle of the this Government, by the resident French Minister, as ear-bill is to us all-essential. Nobody will dread any injurious ly as June, 1826. It is stated that no special demand was operation of it to our real interest as well as character, then made, as to what should be done in relation to it; when they advert to the fact, that all the importations that the President doubted his power to meet it by pro. here, from those islands, except about $25,000 worth, clamation under our statute of January, 1824, concerning and all the exports, but about $72,000 worth, are transHence, the privileges grant the removal of discriminating duties, that its publication ported in our own vessels. a noticed in some American newspaper, by the State ed by the bill will extend only to the small portion of the Departinent, soon after it was received, though, Mr. W. trade carried on in French vessels. In respect to that said, it had not been his fortune to see it republished in portion, we may well be liberal, not only on account of Any of the Northern commercial papers, or in those print- its smallness, but because, though some of our articles ed at the Seat of Government; and that nothing since are excluded, the duties on those admitted are much less had been done, or had publicly transpired, concerning than the duties imposed by us on the articles from Guadathe ordinance, till, on a resolution of the vigilant Senator loupe and Martinique. Gentlemen, on turning to the orfrom Maryland, it was communicated to this body. All dinance, will see that lumber pays only 4 per cent., tobacco know, that, after having been thus communicated, it had but 7 per cent., live stock 10 per cent., Indian corn 2 been referred to the Committee on Commerce, and they francs the hectolitre, and on rice and salt fish 7 per cent. seeing no reason why the ordinance should not be prompt- As the kilogramme is something over two pounds avoirduly met, by a grant of similar privileges to the commerce pois, the duty on rice is probably less than 20 per cent.; of those islands, had reported the present bill. while on our part, the importations, such as molasses, sugar, and coffee, pay at least from fifty to seventyfive per cent., and thus leave the whole terms of exchange by no means disadvantageous to this country. The proviso enables the President at any time to withhold the privileges of this act, if those of the ordinance appear to have been revoked. Such, in brief, is the origin, and such will be the operation of the present bill, and, with out further explanation, it is hoped that the Senate will, with cheerfulness and unanimity, agree to its passage.

The committee deemed it necessary to act speedily, the long delay to reciprocate the measure had given se to a report which, he trusted, would not be verified, that the privileges, so far as regards American vessels, had been, or were about to be, withdrawn. They deem the trade also of sufficient importance to this country require early and sedulous attention from the constiteed authorities, in its preservation and improvement. The exports to those islands, with some to Cayenne, the continent, for two other small West India Islands, belonging to France, which were little more than naked ncks, amounted to almost a million of dollars worth an nually. They consisted of our domestic products entirely, except forty or fifty thousand dollars of teas and pepper;

Mr. BRANCH said, the facts disclosed by the Chair. man of the Committee on Commerce were certainly of an extraordinary character. It appears that the President of the United States has been in possession of information deeply affecting our commercial relations with the French

West India Islands, as early as the month of June, 1826, which information has been withheld from Congress, for the reasons set forth in Mr. Clay's letter to the honorable chairman. One of which reasons is, that the French or dinance of February, 1826, although officially communicated to the State Department in the month of June of the same year, was published in some one or two news papers in this country. It, however, does not appear that the ordinance was known to those most deeply interested in the trade; all now admit the value of the information, and the indispensable necessity of immediate legislation on our part.

The chairman had not informed the Senate whether the reasons assigned were satisfactory to the committee. This, however, was unnecessary; for it is but too appa rent that no satisfactory reason has been offered, or probably could be. Be it as it may, the subject is one of deep interest to the people of this country, and particularly to a portion of those he represented.

It was clearly our duty to have met the views of France promptly, and placed the trade of the two countries on terms of perfect equality. This, Congress would have been as ready to have done at the last session as at this, had they known what the President then knew, or what they now know.

[MARCH 31, 1828

Mr. S. said he knew it was the practice of the Govern ment to publish our own laws, or those of a leading character; but he did not know whether it was, or was not, their practice to publish those of foreign Governments he had, however, understood that such was not their prac tice; at any rate, it could not have been necessary in this case, seeing that it had already been done by an officer of the Government from which the act had emanated. Mr. S. said the Senator from New Hampshire had misapprehended the amount of duty on rice, in stating it to be 7 per cent. He would find it to be 7 francs per 100 kilogrammes, which is equal to 65 cents per hundred weight, or about 20 to 25 per cent. on its prime cost; but, whatever may be the rates of duties, they are to be the same on importations in our vessels, as in those of France, which should satisfy us on this point. [Mr. S. here enumerated the kind and amount of the several articles ex ported to these colonies the last year, giving an aggregate amount of 900,000 dollars.] Mr. S. suggested to the Senate (without offering any amendment) that the proviso of the bill did not authorize the President to annul it, while any one of the privileges granted by the decree existed, or while any one of the articles enumerated in it, were admitted into the French islands.

Mr. WOODBURY remarked that he had inadvertently stated the duty on rice at 7 per cent. At 7 francs the hundred kilogrammes, it would amount to from 18 to 20 per cent.

Mr. B. said that he would, for the moment, repress the feelings which such conduct, on the part of our rulers, was calculated to excite, under the hope that some person might be found able to give a more satisfactory reason Mr. BRANCH rejoined, that, with the highest respect in extenuation of the policy pursued by our Government. for the gentleman from Massachusetts, [Mr. SILSBEE he Mr. SILSBEE said, that the bill under consideration very much questioned whether the Senator himself was received his approbation in committee, and would receive satisfied with the reasons assigned for the suppression of the support of his vote in the Senate. He considered this truly important information. For he now considers the ordinance of France as a measure adopted by that it to be our duty to pass the bill on your table, and thus Government with a view to its own interest, and without place the trade of the two countries on the basis of equalreference to the accommodation of other Powers. Theity. Had the gentleman been in possession of this infor decree itself shews this, by the omission in it of such pro- mation at the last session, would he not have considered visions as are found in the acts of our own, and every it to have been his duty to have advocated the passage other Government, which are contemplated to be met by, of a similar law then? Most assuredly he would; for all or to depend on, the acts of another party. It is a tem- must admit that, if it is right and necessary to legislate porary act, said Mr. S., revokable at the pleasure of the now, it was equally so then. Why, then, has this ordi French Government, and must have been so considered nance, this new tariff of duties on the trade with Gua by this Government, to whom it was not then even sugdaloupe and Martinique, been withheld from the Ameri gested that a corresponding act on our part was required can Congress? Mr. President, the cause is but too apor expected. The supposition that a knowledge of the parent. Believe me, sir, the People of this country are existence of this decree had been kept a secret in the De- too intelligent to be blinded in this way; a short retro. partment of State, Mr. S. said, was erroneous. Although spect will enable them to understand the policy and views he had not heard of this decree himself, until since the of those at the head of our Government, and properly to commencement of the present session of Congress, and, appreciate their motives. The disclosure was calculated under an apprehension that its existence might not be to reflect on themselves, and to throw their own conduct generally known, he had forwarded several copies of it into discredit. Mr. Clay says that the French ordinance. to commercial sections of the country, yet he did not do was published in some one or two of the newspapers of this with any expectation of giving information to those this country in 1826, which, however, no person that who are usually engaged in trade to those islands, as he we know of, or the committee, could find, ever saw, or could not believe them to have been so long ignorant of can now find. Admit it, however, to be true, is it a suf it; for these voyages are made every few months, and, if ficient reason why the President of the United States the rates of duties, or privileges of trade, were essentially should not have officially communicated the intelligence altered by this decree, no master or owner of a vessel, to both Houses of Congress? Is this the proper course which had been at those islands since it took effect, could for the Chief Magistrate to pursue? For an officer, whose be so regardless of their interest as not to have a full constitutional and sworn duty it is to give all proper inknowledge of it. Mr. S. said that, very soon after hear- formation, from time to time, to the Congress of the Unit ing of this decree, he found that it had been published ed States? No, sir, this cannot have been the true reason in several newspapers; one of which publications he had for withholding the facts from Congress. It is a mere seen in a Baltimore paper (he believed it was the Com-subterfuge, disreputable to the American character. They mercial and Daily Advertiser) of the 26th of June, 1826, extracted from the Norfolk Beacon of the 24th June, which publication was made over the name of the French Consul, and gave all the particulars of the decree. The date of this publication, Mr. S. believed, was the very day on which it was received by our Government; so that they could have given no more publicity to it than they must have seen had been already done by an officer of

the French Government.

have, by their own showing, said Mr. B., acted in a mane ner which merits the severe reprehension of the People of this country.

Mr. TAZEWELL would suggest to the Chairman of the Committee on Commerce, [Mr. WOODBURY] who in troduced the bill, of which he entirely approved, whether there was not some hazard that this bill, in its present shape, would repeal the construction which the Execu tive had given to the law regulating the commercial in

French Colonial Trade.

tercourse between this country and France herself. The will put French vessels coming from Martinique and GuaSenate had seen, from a communication made by the Sedaloupe on a different footing than they were before, cretary of State, that, in the exercise of the discretion what would be the effect upon vessels coming to this vested in the Treasury Department, on the arrival of country from either of those colonies, which vessels were some French vessels from France, via Martinique, doubts originally from France, and had on board a cargo, or part arose whether they were to be regarded as coming from of it, taken in in France? He might be wrong, but he France or from Martinique. There was a wide difference merely threw out these suggestions, that gentlemen as to the duties to be paid in either case; but the proper might avoid repealing, unintentionally, the construction officer of the customs had been directed to consider them given by the Executive to the law giving effect to the as coming from France; thus placing them in the most convention with France favorable situation. Suppose, said Mr. T, a vessel bound from France to Martinique, with a cargo of claret, sells, on her arrival there, a part of her cargo, and with the balance arrives in the United States, will she, if this bill | passes, be regarded any longer as a vessel from France or from Martinique? Might not the passage of this bill be regarded as confirming the Executive construction, and so subject such vessels to greater duties than are now imposed on our own vessels under similar circumstances, and thus subject our navigation to greater losses than any benefits to be derived from the bill would produce Mr. T. thought the bill had better be so amended as to guard against such a possible result.