The amendment proposed that which had long been a favorite subject with his constituents. He referred to the principle of graduation. This system had first been started by the honorable Senator from Missouri, [Mr. BENTON.] To that gentleman belonged the honor of having first proposed it; and, for having done so, Mr. S. here returned to him his most heartfelt acknowledg. ments. It had endeared that Senator to multitudes in the West. They called their counties after him; they called their towns after him; they gave his name to their children; and it had secured to him an influence which nothing else could have obtained for him. The Western people had gazed upon his proposition with admiration and delight. They had the terms of it by heart. But the measure now proposed went even beyond this. The Senator from Mississippi, however, was apprehensive that it would endanger the bill. To Mr. S. this was no very formidable objection. But he would here say to that Senator, that if, when a proposal of this kind was brought forward, the men of the West refused to put their shoulders to the wheel, they never need expect to get the benefit, especially when it was brought forward by those who represented the older States. They had surely a right to calculate on the votes of the new States in its favor. Come from what quarter it might, he, for one, stood ready to advocate it. It was as good for the General Government as it was for the West. It got that Government at once clear of all its difficulties with the Indians, and it forever delivered it from squatters, pre-emption rights, and all. If the terms of this arrangement, when they should become known to the American people, would not be found acceptable, as well to the people of the old as the new States, he was greatly mistaken, indeed. He was for the amendment. Let who would vote against it, he would vote for it.

Mr. BENTON made some remarks, which were very imperfectly heard at our reporter's station in the chamber. He was, however, understood to say that he had brought forward a proposition of this general character some years ago; and it appeared, from what had just been stated, that the population of the West approved of the exertions he had made to carry it through; and if there were any votes or voices more decidedly against it than the rest, it was the vote and the voice of the gentleman from South Carolina. We were now within less than three years of the period for taking the new census, and after that time the State of Arkansas would enjoy three or four times her present weight in the councils of the nation. By that time we should probably have three new States: two on the Mississippi, and one on the Gulf of Mexico; while the representation of the new States already in the Union would be greatly enlarged. If the Senator from Arkansas would but restrain his impatience until that period should arrive, the West would settle this question of the public lands just as it pleased. They would settle this matter as they would settle the presidency; and the older States must look to them for both. He was not going to surrender advantages like these for thirty years to come, for the sake of the propo sition now advanced. He! he who had introduced this measure; he who had originated it; he who had fought it up, was not going to suffer himself to be forestalled by any thirty years bargain. In three years more, they could write their own terms, and lay them on the table of the Senate. They would be bid for, and bid deeply for, by every candidate for the presidency; and no gentleman, by casting reproaches on him, should cause him, in the least degree, to swerve from his course. He had thus far been able to make himself intelligible to his own people, and be hoped still to be able to do so; and he should retain his position in patience, until Missouri, instead of having two, would have fourt en members in the other House.

[SENATE.

Mr. SEVIER said that, if he could get better terms for the West than those now proposed, he would gladly do so. But he thought the Senator from Missouri misapprehended the terms that had been offered. The graduation clause in the amendment did indeed speak of terms of twenty and thirty years; but not of twenty or thirty years from the present time, but from the time the land had been proclaimed for sale. Now, in respect to some of them, that period had already elapsed; and, in regard to others, it was near at hand. It might be very true that presidential candidates would bid deep for the favor of the West, but that was no reason why the West should refuse a good offer when it was made. The present bill, he repeated it, would not satisfy the West; nor would the West ever be satisfied until the lands within their limits were, on terms of some sort, actually ceded to them. Here was a proposition to cede them, and he should vote for it.

Mr. LINN observed that, while the process of forming new States was going on, and the representation in Congress of new States already existing was rapidly angmenting, it ought not to be forgotten that the number of old States was also increasing, and that, consequently, the representatives who were in favor of the interests of the old States were becoming more numerous. Ohio, Indiana, Illinois, and others, would soon be among the list of old States, and their influence would be exerted accordingly. Mr. L. said he was a practical man, though his temperament might be somewhat warm. He looked to things which were attainable, and in the near pros pect of being obtained, rather than at those contingent and distant. Here was a bill, far advanced in the Senate, and, as he hoped, on the eve of passing. He believed it would secure a great good to his constituents; and he could not consent to risk that bill by accepting the amendment proposed by the Senator from South Carolina. If the Senator from Arkansas would let this go, he might possibly find that it was a better thing than he could ever get again. He wanted that Congress should so regulate the public lands, and so arrange the terms on which it was disposed of, as to furnish in the West an opportunity for poor men to become rich, and every worthy and industrious man prosperous and happy.

Mr. MOORE said that, having heard the bill but imperfectly once read, he did not know as much of it as he wished to know previous to acting upon it. So far as he understood the amendment, he was for it. It seemed strange to him that the two Senators from Missouri should entertain such different views as to the prospects of the West. The Senator nearest him [Mr. BENTON] had very confidently predicted that, in three years, the people of the West would be able to make their own terms; while his colleague, on the contrary, seemed to think that the West would never again get as good a bill as that now before the Senate. He could not reconcile these two prophecies. However, he was not much in the habit of being governed by prophecies uttered in Congress. He thought the amendment offered better terms than had ever been presented to the West before. It was no new doctrine, however, that the new States were entitled to the jurisdiction of their own soil; and the constitution certainly looked to the time when those States would be free indeed, and no longer vassals under the control of this Government, through the public lands. This happy emancipation the amendment proposed im. mediately to accomplish. As to the payment of thirtythree and a third per cent. of the proceeds, it might, so far as money was concerned, turn out to be no very good bargain for the new States. But it would certainly be a very good one for the General Government, in a pecuniary as well as every other view. It would give that Government more money for the public lands than they would ever be able to realize on any other plan.

Besides which, it would most effectually put down the system of speculation so much complained of.

Mr. NILES made a short speech in opposition to the amendment, which he considered as a grand new land scheme, thrown into the Senate like the golden apple of discord. It was an extraordinary proposition in itself, and still more extraordinary as proceeding from the quarter whence it came-from a Senator who had been the very champion of the rights of the whole American people in the public domain. Had not the country had enough of land hobbies? He regretted that it should be deemed necessary to stimulate the spirit of cupidity and agrarianism. He hoped the proposition would be put down; but if it must prevail, away with your 33 per cent. Let not the Government become a broker, but give up the whole domain, out and out. If the sceptre must depart from the old States, it would at least pass over to men of the same blood and of a common origin.

Mr. NORVELL said that the proposition of the Senator from South Carolina, if presented under any other circumstances, would be extremely acceptable to him, as a representative of the State of Michigan; but before he could vote for it he must have some guarantee that it would pass the Senate and House of Representatives. The prospect, indeed, was beautiful; it was most fair and inviting; and he, as an humble representative from one of the new States, should hail it with delight. But as the bill now before the Senate did not interfere with the principle of the substitute proposed, let this first be passed; then let the other be taken up as a distinct proposition, and, if it proved acceptable, a clause could easily be added at the close, repealing the previous bill. Mr. ROBINSON moved that the amendment be printed.

Mr. BLACK and Mr. LINN remonstrated; referrred to the previous course of the debate, and deprecated the risk of the present bill.

The question on printing was then taken, and decided in the negative: Ayes 16, noes 17.

Mr. CALHOUN then said that he wished the Senate to be assured that, in offering the proposition he had presented, he had no indirect or concealed purpose. He was perfectly sincere in proposing and advocating it, and that on the highest possible ground. When the Senate had entered upon the present discussion, he had had little thought of offering a proposition like this. He had, indeed, always seen that there was a period coming when this Government must cede to the new States the possession of their own soil; but he had never thought till now that period was so near. What he had seen this session, however, and especially the nature and character of the bill which was now likely to pass, had fully satisfied him that the time had arrived. There were at present eighteen Senators from the new States. In four years there would be six more, which would make twenty-four. All, therefore, must see that in a very short period those States would have this question in their own hands. And it had been openly said that they ought not to accept of the present proposition, because they would soon be able to get better terms. He thought, therefore, that, instead of attempting to resist any longer what must eventually happen, it would be better for all concerned that Congress should yield at once to the force of circumstances, and cede the public domain. His objects in this movement were high and solemn objects. He wished to break down the vassalage of the new States. Ile desired that this Government should cease to hold the relation of a landlord. He wished, further, to draw this great fund out of the vortex of the presidential contest, with which it had openly been announced to the Senate there was an avowed design to connect it. He thought the country had been sufficiently agitated, corrupted, and debased, by the influence of that contest;

[FEB. 7, 1837.

and he wished to take this great engine out of the hands of power. If he were a candidate for the presidency, he would wish to leave it there. He wished to go further: he sought to remove the immense amount of patronage connected with the management of this domaina patronage which had corrupted both the old and the new States to an enormous extent. He sought to counteract the centralism, which was the great danger of this Government, and thereby to preserve the liberties of the people much longer than would otherwise be possible. As to what was to be received for these lands, be cared nothing about it. He would have consented at once to yield the whole, and withdraw altogether the landlordship of the General Government over them, had he not believed that it would be most for the benefit of the new States themselves that it should continue somewhat longer.

These were the views which had induced him to present the amendment. He offered no gilded pill. He threw in no apple of discord. He was no bidder for popularity. He prescribed to himself a more humble aim, which was simply to do his duty. He sought to counteract the corrupting tendency of the existing course of things. He sought to weaken this Government by divesting it of at least a part of the immense patronage it wielded. He held that every great landed estate required a local administration, conducted by persons more intimately acquainted with local wants and interests than the members of a central Government could possibly be. if any body asked him for a proof of the truth of his positions, he might point them to the bill now before the Senate. Such were the sentiments, shortly stated, which had governed him on this occasion. He had done his duty, and he must leave the result with God and with the new States.

After a remark or two from Mr. LINN and Mr. BENTON,

Mr. CALHOUN was understood to say that he had sincerely presented the motives of his course. He bad in view but one object only, which was the benefit of the new States; although he believed the old States were as much interested to get rid of these lands as the new States to receive them. He thought the amendment contained provisions which would prevent any contest between the new States for this territory. But, provided the great principles of the amendment were adopted, be was not at all solicitous about the details. He should be very willing to submit them to a committee composed of individuals in part from the new and in part from the old States.

The question was now taken on Mr. CALHOUN's amendment, and decided in the negative, as follows:

YEAS-Messrs. Calhoun, King of Georgia, Moore, Morris, Robinson, Sevier, White-7.

NAYS-Messrs. Benton, Black, Brown, Buchanan Cuthbert, Ewing of Ohio, Fulton, Grundy, Hubbard, Kent, King of Alabama, Linn, Lyon, Mouton, Nicholas, Niles, Norvell, Page, Prentiss, Rives, Robbins, Southard, Strange, Swift, Tomlinson, Walker, Wall, Wright-28.

The question was next put on agreeing, as in Commit tee of the Whole, to the amendment from the Committee on Public Lands, as amended, and carried, with

out a count.

The bill was then reported to the Senate, where the amendments were agreed to, and the bill ordered to its third reading, as follows:

YEAS-Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Lyon, Moore, Mouton, Nicholas, Niles, Norvell, Page, Rives, Robinson, Strange, Walker, Wright-24.

NATS-Messrs. Bayard, Calhoun, Davis, Ewing of Ohio, Kent, King of Georgia, Knight, Prentiss, Robbins,

any

they might have a vote upon it by yeas and nays; but he was not willing, for one, that the bill should make progress in the Senate, which might create, out of doors, the expectation that such a measure could obtain the least favor in that body. He was himself entirely opposed to the proposition. If the Senate would consent to reconsider, he should, on to-morrow, ask the yeas and nays on its second reading, and no more.

Mr. CALHOUN hoped the vote would not be reconsidered. The subject was obviously of great moment; and, at a period very shortly to come, it must press itself home on the consideration of every Senator.

It was

in vain to expect, on a bill of this magnitude, a naked vote by yea and nay. He should himself desire to be fully heard in its behalf, as he doubted not other gentlemen would, from both the new and the old States. It was a matter of perfect indifference to him in what form his views should be presented, whether by a speech on the floor, or through the report of the committee. reference and report was the usual course, and he hoped that a bill of this character would not be treated with less courtesy than others.

Mr. WALKER demanded the yeas and nays.

A

Mr. BROWN advocated the motion to reconsider, and deprecated the idea that the opinion should go forth that this Government, at one fell swoop, would seize upon the whole public domain, and transfer it to the new States.

Mr. CLAY said he was desirous of saying a few words on this bill, although his feelings would rather admonish him to be silent. Four or five years ago, contrary to his most earnest desire, this subject of the public lands had been forced upon him. With great labor, he had devised a scheme, fraught, as he conceived, with equity to all the States, according to which the object originally designed by the respective States which had ceded this domain for the common benefit of the Union would be accomplished, the proceeds of the whole divided, and an additional allowance made to the new States, such as should be called for by their increasing popula- | tion. That scheme, although proceeding from a source which had now no influence in the Senate, and none in the country, had conciliated the favor of both Houses of Congress. It had been rejected by the President. Yet

a large portion of the country, and, as he believed, a decided majority of the people of the United States, were, notwithstanding, in its favor. Mr. C. said that he had ever thought this public domain one of the most sacred of all the sacred trusts confided to the General Government, and that they were bound to take the ut most care of it, and to administer it fairly for the benefit of all the States of the present generation and of posterity. This he had labored to do, but had labored in vain; and now a project was brought forward, which aimed to wrest these lands from the common benefit of the Union, and appropriate them to the use either of a small portion of the States or of speculators. Mr. C. was equally opposed to the land bill now before the Senate, and to the project just introduced by the Senator from South Carolina. Indeed, he could see but little difference between them; for though the land bill before the Senate proposed, as its avowed objects, to restrict the sales of the public lands, to limit the amount of the revenue, an to repress speculation, it imbodied principles which, in spite of all effort to the contrary, would continue to be carried out, re-enacted, and enlarged, until the whole of the public domain be swept away. In view, as he supposed, of this result, the Senator from South Carolina proposed at once to divest the country of the whole domain. To such a measure Mr. C. could not consent. He must do his duty faithfully and honest. ly, though it might be unsuccessfully. He was firmly opposed to the project already before the Senate, and to

[SENATE.

the kindred project of the Senator from South Carolina; and did he not fear it would be in vain, he would address himself to his brother Senators on all sides of the House, and would implore them, by every consideration of love to their country, and regard to their own reputation, not to allow a matter of this weight and moment to be made an object of party politics. He would conjure them to abstain from appeals, by the new States, to this or to that party. He would not say that honorable Senators were actuated by any such considerations, because it would be unparliamentary, and might not be true in fact; but he would ask them if the impression had not been created that the party now dominant in the country intended to appeal to the new States, and, by conciliating their favor, to perpetuate itself in power? He would ask the Senator from South Carolina whether, after such an impression had gone abroad, any gentlemen were there found offering to these States still better boons, those who should do so would not expose themselves to the suspicion that they were engaged in a similar design? To the Senators from the new States he would say, was it an enviable situation for them to occupy, to have appeals of this kind not only made, but openly avowed, and to witness proposals on which they were called to act, involving vast pecuniary advantages to the States they represented? Was it not inevitable, from the nature of the object in question, that, if one party made it an instrument to retain political power, another party would be induced to do the same thing? And the result must be an appeal, by both parties, to the new States, by the sacrifice of that great interest which ought sacredly to be preserved for the benefit of the whole.

Mr. C. said, in conclusion, that he hoped the members of the Senate would appreciate those motives which laid it as a duty upon him, out of a regard to the value of our public domain, and the purposes for which it had been given, to say thus much on the present occasion. He must repeat, in conclusion, that he should oppose himself firmly to both projects. He considered them equally liable to exception, and could, as he had before observed, perceive but little difference between them.

Mr. CALHOUN observed, in reply, that he had come there with a fixed resolution to resist all attempts at innovation upon our system in relation to the public lands; and, he might add, with no small hope that he should be successful.

Mr. C. said he took it as rather unkind, though he was sure it had not been so intended, that the Senator from Kentucky should say that there was any analogy between this bill and that from the Committee on the Public Lands, which Mr. C. had strenuously opposed. This measure, reluctantly forced upon him by the necessity of the case, had been introduced with a desire to terminate great political evils. He did assure that honorable Senator, whatever might be the obligation of duty which he felt in opposing this measure, a no less imperative obligation urged Mr. C. to bring it forward. There is, said Mr. C., too much power here; the tendency of this Government to centralism is overpowering; and among the many powerful instruments which can be and are brought to bear on the securing and extending of executive power, this control of the public lands is one of the greatest and most effectual. It now gives to any administration disposed so to use it control over nine States (eight, certainly) of this Union. Those States, so far as this regulation of the public lands is concerned, are the vassals of this Government. We are in the place of a great landlord, and they of tenants; we have the ownership and control over the soil they occupy. Can there be any doubt as to how such an ascendency will be used in the present corrupt state of the country? Is there any doubt as to how it has been used, or that the influence derived from it is a growing influence? We must find