FARROW AND HARRIS SENATE DEBATE - FEBRUARY 27, 1823

Mr. J. proceeded to state, that about 80 or 100 slaves had been purchased on account of the Government, for the purpose -of executing the works, and were mortgaged to the Govern ment for the advances made, and are now held subject to the mortgage. And what is contem plated to be done, he asked, by the bill from the House of Representatives ? It provides for the sale of the slaves and materials allnded to, for prompt payment, with the view of giving the contractors credit for the amount of the proceeds of sales. It was evident, he said, that the property, if thus disposed of, would be sac rificed. Besides, tho power of Congress to adopt such a step might be questioned. If the materials furnished for the fortifications belong to the United States, they require no law to authorize the sale of them. If they are the property of the contractors, Congress has no right to pass a law directing the sale of them. But, presuming tho materials to belong to the contractors, and admitting the power thus to dispose of them, would it be just or politic to exercise it? He thought not. The materials are wanted, and may all be employed, as he is informed, in completing the fortifications now building at Mobile Point, three miles from Dauphin Island. He was of opinion, therefore, that the Government should be authorized to receive them at a fair estimation, leaving the question of damages open for further investigation. He was also of opinion that the Government should be directed by this act to receive the slaves in question at the price for which they were purchased, or at least to discharge the mortgage on them. The gentleman who had purchased the slaves for the Government had not been credited with the amount paid for them, nor was he permitted to use or to dispose of them. This seems to present a case of peculiar hardship, nor could he reconcile the course which had been pursued in relation to the subject with his ideas of the principles of justice. The bill under consideration, he said, requires the Secretary of War to cause all the facts of the case to be investigated, and to report the same to Congress at their next session, for the purpose of enabling Congress to act advisedly on the subject There was one great objection to this plan. If adopted, the adjustment of tho subjects in controversy will be suspended for another year, greatly to the injury of all parties concerned. He would prefer to see the bill modified, so as to make an immediate disposition of the materials and slaves alluded to, in the manner he had suggested, leaving the question of damages to be ascertained as provided for by the bilL Nevertheless, he preferred this bill to the one from the House of Representatives, and hoped it would not be postponed. The motion was rejected, and the bill was ordered to a third reading, and passed.