SENATE.]

Mexico--Abolition of Slavery, &c.

revolting theory of human rights and human society, by which, of late, the institution of domestic slavery has been sustained and justified by some of its advocates in a portion of the South. Sir, the true line of principle and policy is to stand upon the solemn guarantees of the constitution, the impregnable position of our acknowledged and indisputable rights; and, in the name of those rights, and of the peace and harmony of the Union, I now call upon the patriotism of the Senate to apply the only quietus the subject admits, by laying the motion to receive these memorials on the table.

The debate was further continued by Messrs. CUTHBERT, WALL, RIVES, CALHOUN, and EWING; when,

On motion of Mr. HUBBARD, the motion to receive the memorial was laid upon the table, by yeas and nays, as follows:

YEAS-Messrs. Bayard, Benton, Black, Brown, Buchanan, Calhoun, Clayton, Cuthbert, Dana, Fulton, Grundy, Hubbard, Kent, King of Alabama, King of Georgia, Linn, Lyon, Moore, Nicholas, Norvell, Page, Preston, Rives, Robinson, Ruggles, Sevier, Spence, Strange, Walker, White, Wright-31.

NAYS-Messrs. Clay, Davis, Ewing of Ohio, Hendricks, Knight, Morris, Niles, Prentiss, Robbins, Southard, Swift, Tipton, Tomlinson, Wall, Webster-15. The Senate then adjourned.

TUESDAY, FEBRUARY 7.

MEXICO.

The following message was received from the Presi dent of the United States, through Mr. JACKSON, his private secretary:

To the Senate of the United States:

At the beginning of this session, Congress was informed that our claims upon Mexico had not been adjusted, but that, notwithstanding the irritating effect upon her councils of the movements in Texas, I hoped, by great forbearance, to avoid the necessity of again bringing the subject of them to your notice. That hope has been disappointed. Having in vain urged upon that Gov. ernment the justice of those claims, and my indispensable obligation to insist that there should be "no further delay in the acknowledgment, if not in the redress of the injuries complained of," my duty requires that the whole subject should be presented, as it now is, for the action of Congress, whose exclusive right it is to decide on the further measures of redress to be employed. The length of time since some of the injuries have been committed, the repeated and unavailing applications for redress, the wanton character of some of the outrages upon the prop. erty and persons of our citizens, upon the officers and flag of the United States, independent of recent insults to this Government and people by the late extraordinary Mexican minister, would justify, in the eyes of all nations, immediate war. That remedy, however, should not be used by just and generous nations, confiding in their strength, for injuries committed, if it can be honorably avoided; and it has occurred to me that, consider. ing the present embarrassed condition of that country, we should act with both wisdom and moderation, by giving to Mexico one more opportunity to atone for the past, before we take redress into our own hands. To avoid all misconception on the part of Mexico, as well as to protect our own national character from reproach, this opportunity should be given, with the avowed design and full preparation to take immediate satisfaction if it should not be obtained on a repetition of the demand for it. To this end, I recommend that an act be passed authorizing reprisals, and the use of the naval force of the United States, by the Executive, against Mexico, to

[FEB. 7, 1837.

enforce them, in the event of a refusal, by the Mexican Government, to come to an amicable adjustment of the matters in controversy between us, upon another demand thereof made from on board one our vessels of war on the coast of Mexico.

The documents herewith transmitted, with those accompanying my message in answer to a call of the House of Representatives of the 17th ultimo, will enable Congress to judge of the propriety of the course heretofore pursued, and to decide upon the necessity of that now recommended.

If these views should fail to meet the concurrence of Congress, and that body be able to find in the condition of the affairs between the two countries, as disclosed by the accompanying documents, with those referred to, any well-grounded reasons to hope that an adjustment of the controversy between them can be effected without a resort to the measures I have felt it my duty to recommend, they may be assured of my co-operation in any other course that shall be deemed honorable and proper. ANDREW JACKSON.

WASHINGTON, February 6, 1837.

The message was read; and,

On motion of Mr. BUCHANAN, it was ordered to be printed, together with the accompanying documents, and referred to the Committee on Foreign Relations.

ABOLITION OF SLAVERY.

Mr. MORRIS presented an abolition petition from Ohio; which was read, at his request.

Mr. WALKER moved that it be not received. Mr. HUBBARD moved to lay this motion on the table; which was done accordingly, (by yeas and nays, on the call of Mr. MORRIS,) as follows:

YEAS-Messrs. Bayard, Benton, Black, Brown, Bu chanan, Clayton, Dana, Ewing of Illinois, Fulton, Grun dy, Hubbard, Kent, King of Alabama, King of Geor gia, Linn, Lyon, Mouton, Nicholas, Norvell, Parker, Preston, Robinson, Ruggles, Strange, Walker, White, Wright-27.

NAYS-Messrs. Ewing of Ohio, Hendricks, Knight, McKean, Morris, Niles, Prentiss, Robbins, Swift, Tip. ton, Tomlinson-11.

EXPUNGING RESOLUTION.

Mr. BAYARD presented the preamble and resolutions of the Legislature of Delaware, instructing their Sena tors to introduce and support a resolution to rescind the expunging resolution of Mr. BENTON, and to restore the journal of the Senate to the state in which it was before this act of violence was committed upon it.

Mr. B. said it would be impracticable, or at least improper, to obey these instructions at this session of Congress, as Mr. BENTON's resolution must be regard ed as expressing the sense of the Senate as at present composed. But he gave notice that, in compliance with these instructions, he would introduce such a resolution at the next session, and would do so at every succeeding session, as long as he should continue a Senator, till the object shou'd be accomplished; which attempt be hoped would be followed up by every Senator from Delaware. Being thus actuated by the same spirit of continuance which had been so much lauded by the Senator from Missouri, and which in his case had proved so successful, he hoped the day was not distant when they would restore the journal, and make it what he believed was, at this moment, the public sentiment of the people of the United States. He moved (after its reading) that the resolution be laid on the table, and printed.

Mr. BROWN said he did not doubt the perseverance of the gentleman. He would also vote for printing the document, as a matter of respect to the Legislature of Delaware; though, in one case which he instanced, he

FEB. 7, 1837.}

Foreign Aggression upon American Slave Property-Distribution of Books, &c.

believed a motion to print such a document had not been carried.

The motion to print and lay on the table was then carried.

FOREIGN

AGGRESSION UPON AMERICAN
SLAVE PROPERTY.

A resolution offered by Mr. CALHOUN, calling on the President for information in regard to the aggression committed by the authorities of Bermuda on a Southern vessel, freighted with slaves, which was driven by distress into the ports of Bermuda, coming up for consideration

Mr. CALHOUN observed that the cases referred to in the resolution presented one of the greatest outrages ever committed on the rights of individuals by a civilized Power. The resolution proposed to ask from the President copies of any correspondence that may have taken place with the British Government relative to the seizure, by the British authorities, of the slaves who were carried as passengers in two American vessels. One of these vessels had sailed from Wilmington, in the State of North Carolina, for New Orleans, having on board some slaves, the property of a gentleman removing from that State to the State of Mississippi; and she was wrecked near New Providence, where the slaves were forcibly seized and detained. The Legislature of North Carolina had, in consequence, expressed their disapprobation of such unwarrantable conduct, and unanimously passed resolutions calling upon the General Government to institute an inquiry into the matter. The other case was that of a vessel bound from Alexandria, in the Dis trict of Columbia, to Charleston, South Carolina. Haying met with very stormy weather, she was forced into the port of Bermuda, where the British authorities took possession of the slaves, and set them at liberty. He insisted that there was not a clearer constitutional question than that a vessel sailing from one port of the United States to another was as free from search as the territory of the United States itself; and when a vessel was forced by stress of weather into a foreign port, she was entitled to commiseration on account of her situation. The claims of humanity, he held, were, in such cases, to be superadded to the laws of nations. These points being so clear, he was astonished that outrages of this kind had been committed for the last three years. He did not doubt, for a moment, but that the Executive had done his duty, and exercised his accustomed vigilance, in reference to these matters. But still he (Mr. C.) was at a loss to perceive how it happened, after such a lapse of time, that the slaves had not been restored, nor any compensation made to the owners. Now, this resolulution he had introduced for the purpose of getting information on the subject, and in order that justice might be done to our citizens.

At the suggestion of Mr. GRUNDY,

Mr. CALHOUN modified his resolution, so as to insert in it the words "provided the Presivent does not deem it incompatible with the public interests;" and the resolution, thus amended, was adopted.

DISTRIBUTION OF BOOKS.

The resolution authorizing the distribution, among the new Senators, of nineteen copies of the American State Papers, published by Messrs. Gales & Seaton, coming up for consideration

[SENATE.

committee cou'd do nothing to assist the Senate on the subject.

Mr. LINN suggested the propriety of throwing all such documents into the library. He said he was perfectly willing to do so with his; and would make a motion to that effect to-morrow, unless some other Senator would do so.

Mr. SEVIER said that, if this resolution should not be carried, he should vote that the documents in the possession of the older members should be restored.

Mr. RUGGLES said that those could not be recovered which had been carried away, and some of the Senators would be unwilling to restore what they had received. He thought it was best to serve all alike. It had been said that it was stolen property. If it were so, he was disposed, like the Senator from Arkansas, [Mr. SEVIER,] in regard to the public lands, to take his share of the spoils, whatever might be hereafter.

Mr. BENTON suggested two amendments to the resolution: first, to strike all out, and direct the members who had received such documents to restore them; and if that should fail, he would then move that the Secreta. ry should get the documents at the lowest price for which they could be obtained. He would also move hereafter that each Senator should be furnished with the legislative history of the time during which he should remain in Congress.

On motion of Mr. WALKER, the resolution was laid on the table.

The Senate resumed the consideration of the

LAND BILL.

And the question being on the adoption of the amendments to the bill reported from the Committee on the Public Lands

The amendments were read, and Mr. WALKER, chairman of the Land Committee, explained, seriatim, the several points in which the bill, as now reported, differed from the shape in which it had been recommitted. The sum amounted to this: that, instead of requiring occupation and cultivation for two years, in order to a patent, it required only one year; that, in order to a preemption, the land must have been occupied, resided on, and cultivated, prior to the 1st of December, 1836; that a parent must enter land for his children at private sale, and not over two sections for them all, (instead of a section for each child;) and that four quarter-quarter sections might be entered.

Mr. RUGGLES moved to amend the bill in the fourth section, so as to require that the proof of cultivation, &c., by two competent witnesses, should be made "to the satisfaction of the register and receiver," before whom it is to be proved.

The motion was resisted by Mr. WALKER, as being unnecessary, inasmuch as if proof was to be made to any one, it must, of course, be proof to his satisfaction, or the thing was not proved to him.

A long discussion ensued, in which it was insisted by the advocates of the amendment, that, as the bill pointed out how the fact in question was to be proved, viz: by the oath of two competent and disinterested witnesses, unless the amendment should be inserted, all discretion would be taken away from the register and receiver, and he must be obliged to receive an affidavit of two such witnesses as proof of the fact, though he might personally know to the contrary, or though a hundred

Mr. KING, of Georgia, moved to refer it to the Com-witnesses should testify the reverse. mittee on the Library.

Mr. PRESTON objected to the motion. It was a question, he said, of mere distribution; and, if an inqui ry beyond that were instituted, it did not properly belong to the Library Committee.

Mr. GRUNDY was opposed to any reference.

A

A law argument on this point took place between Messrs. BAYARD and BLACK.

Mr. EWING proposed that the inhabitation or cultivation itself should be required by the bill, and not the mere proof of it by two witnesses; the mode in which it should be proved might be added, if necessary; but,

all maps, titles, records, books, documents, and papers, in the General Land Office at Washington, relative to said lands, shall be subject to the order and disposition of the Executive of said State.

SEC. 4. And be it further enacted, That all lands of the United States within the limits of the State of Tennessee, with the exceptions enumerated in the first section of this act, shall be, and the same are hereby, ceded to said State.

Mr. BLACK was willing to take up the amendment as a substantive measure, independently of the present bill, but not as an amendment to it. He was not prepared to say whether it proposed a good bargain to Mississippi or not; but however that might be, he could not vote for it now. If the pending bill was to fall, it should be by some other means than the interposition of a proposal of this character.

[FEB. 7, 1837.

which should secure to them their homes, and not throw the country into the hands of great capitalists, as had been done in the case of the Holland Land Company, and thus retard the settlement of the West. As to the evasions of previous pre-emption laws, of which so much had been said, he believed they either had no existence in Missouri, or had been grossly exaggerated. In the course of his professional duty [Mr. LINN is a physician, in large practice] he had occasion to become extensively acquainted with the people concerning whom these things had been asserted, (he referred to the emigrants who had settled in that State under the pre-emption law of 1814,) and he could say nothing of the kind had fallen under his observation. They had come there, in the most cases, poor, surrounded by all the evils and disad vantages of emigration to a new country; he had attended many of them in sickness; and he could truly aver that they were, as a whole, the best and most upright body of people he had ever known.

Mr. BENTON objected to any arrangement which extended so far as was proposed by the amendment. We were near another census, when the representation of the new States would be greatly augmented, and they might come into Congress, and write their own terms. Mr. BUCHANAN had heard a great deal said about bribing the people with their own money; arguments of that kind had been reiterated, but they had never had much effect on him. But speaking on the same principles on which this had been said, and without intending any thing personal toward the honorable Senator from Mr. SEVIER said that, like the Senator from Missig. South Carolina, he would say this was the most splendid sippi, [Mr. WALKER,] he here returned his thanks to the bribe that had ever yet been offered. It was to give the honorable Senator from South Carolina for the proposi entire public domain to the people of the new States, tion he had brought forward. It had been from the be without fee or reward, and on the single condition that ginning well known to all the friends of the bill now be. they should not bring all the land into market at once. fore the Senate that that bill had never been a favorite It was the first time such a proposition had been brought of his. The only feature in it concerning which he felt forward for legislation; and he solemnly protested against any solicitude had been stricken out; and though he had the principle that Congress had any right, in equity or promised its friends that he would lend them his help in justice, to give what belonged to the entire people of making it as perfect as they could, (and to the very last the Union to the inhabitants of any State or States what-hour he had kept that promise,) he had hones ly apever. After warmly expressing his dissent to the amend- prized them that, when the bill came to the final vote, ment, Mr. B. said he hoped it would not receive the he should vote against it. He was prepared to go for sanction of any considerable portion of the Senate. the substitute proposed by the Senator from South Carolina. Nor did he consider that substitute as being at all at war with the principles of the bill. He regretted that the amendment had not been printed in time, so that its provisions might have been better understood. He was very sure, from what had been said by the Sen. ator from Pennsylvania, [Mr. BUCHANAN,] that that gentleman had misapprehended the nature of the bill. It did not propose, as he seemed to imagine, to give away the public lands to any body, but it pointed out a way in which the General Government would get clear of all the embarrassment connected with those lands, and would realize thirty-three and a third per cent. of their entire value. It was a proposition very different from those which had preceded it, and it was the only measure which would give full and final satisfaction to the people of the West. There was a spirit there which even the bill now before the Senate could never satisfy. They wanted the control of the soil within their own limits, and with nothing short of this could they ever rest content. They did not come here, and demand it as a right, but they earnestly desired it, and would most heartily rejoice should any mode be devised by which they could lawfully obtain it. They were freemen, and desired the exercise of sovereignty over their own soil. This was the object they set before them, and for it Mr. S. should never cease to exert himself, so long as he retained a seat on that floor. What did the amendment propose? To throw away the public lands? By no means. But to get clear of all the cumbersome machinery and complicated and expensive system which at present existed, and which had been accompanied with so much vexation and dispute in both Houses of Congress, and to give up the land, for a fair equivalent, to the States within which it lay, that they might dispose of it for themselves, and in their own way. They would of course be concerned to see that the land brought a good price, for they were in themselves to realize two thirds of the proceeds. The remaining third they were to pay to Gov ernment, in clear money, and it would be more than the Government bad ever netted since they held the domain.

Mr. KING, of Georgia, would vote for the substitute now proposed, in preference to the bill before the Senate. He believed it would be a hundred thousand times better for the people of the United States. He recognised the principles stated by the Senator from Pennsylvania, and he only regretted that that gentleman had not thought of them a little sooner, so as to apply them to the present bill.

Mr. WALKER said he should vote for the amendment with pleasure: the object it proposed was dear to every new State. It would put them on an equal footing with the other States of the Union; and, much as he was in favor of the pending bill, he should infinitely prefer the substitute. Come from friend of foe, it should have his most decided support, and he returned his thanks to the Senator from South Carolina for having in

troduced it.

Mr. LINN said he should be sorry if a majority were found to substitute the amendment for the pending bill, for he was well persuaded that then both would be lost. He might probably vote for it as an independent proposition, but could not as it now stood. He had set out with the determination to vote against every amendment which should be proposed, as the bill had once been nearly lost by the multiplication of them. If this amend ment should be received, the residue of the session would be taken up in discussing it, and nothing would be done for his constituents. He wanted them to know that he had done his utmost, which was but little, to carry into effect their wishes, and to secure their best interests in

the settlement of the new country. He was anxious to obtain the passage of an equitable pre-emption law,