Imagens das páginas

Feb. 18, 1837.]

he would here mention. Certain individuals and firms, who filed with the committee of merchants claims for remission of duties last year, had not yet appeared, in pursuance of the call made in December last, to authenticate their claims. He had already stated that 136 individuals and firms had appeared and testified to claims amounting to $418,000, as the duties upon goods destroyed in unbroken packages as imported. In addition to these, 97 individuals and firms had appeared and testified in the same manner to claims amounting to $156,394 57, as the duties paid and payable upon goods destroyed after the packages had been broken and the goods distributed in the shops. No provision was made or proposed for this class of claims. Mr. W. said it was matter of deep regret to him that these claimants could not be relieved; but the Committee on Finance had not believed it safe or wise to extend the principle of the bill to any other than goods destroyed in unbroken packages. In addition to these, there were found upon the list of claimants, prepared immediately after the fire, the names of 32 individuals and firms who had not appeared to authenticate their claims in any manner. From the former list it was ascertained that the amount of claims preferred by these 32 houses was $67,976 42; but as it was impossible to say what portion of the sum was for duties on unbroken and what on broken packages, it was not in his power to say how much these claims would add to the amount to be drawn from the public Treasury, if the bill under consideration should become a law. Mr. CLAY here suggested adding a proviso to some proper section of the bill, that no more than a given amount of money should be drawn from the Treasury under it, and proposed to fix that amount at $500,000. Mr. WRIGHT said if the honorable Senator would make the sum $600,000, as he hoped he would, he would accept the amendment as proposed. After some little conversation, Mr. CLAY adopted Mr. Wargut's suggestion, and moved the proviso, limiting the amount to $600,000. Mr. CLAYTON objected to any limitation; and, upon taking the vote, the amendment was negatived; when the bill was ordered to be engrossed for a third reading. [The bill was read the third time on the next day, passed, and sent to the House for concurrence.] The Senate then adjourned.


Mr. BENTON presented the credentials of Hon. Lewis F. LINs, re-elected a Senator of the United States from the State of Missouri, for six years from and after the 4th of March next.


On motion of Mr. RobbiNS, the joint resolution authorizing the purchase of the manuscripts of the late President Madison was taken up and considered.

Mr. ROBBINS rose and spoke as follows:

Mr. President: I consider this work of Mr. Madison, now proposed to be given to the world under the patromage of this Government, as the most valuable one to mankind that has appeared since the days when Bacon §ave to the world his Novum Organon. That produced that revolution in analytics, which has produced the ommense superiority of the moderns over the ancients in the knowledge of nature, and in the improvement of the Sondition of human life—the fruit of that knowledge. With Bacon it was a mere theory; a theory, however, which he fondly cherished, and confidently believed *ould be prolific, as it has been, of the most magnificent *sults; but in the hands of Newton, and of his other disciples and followers, it became a practical guide to

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Papers of Mr. Madison.

[SENATE. those astonishing discoveries which, in their consequences, have, among other things, converted those elements of nature before supposed to be, only to be controlled by the same Almighty hand which formed them, into the ministers and agents of man, obedient to his will, and subservient to his tise. It has enabled man to draw the veil from the face of nature; to inspect her mechanism; and to avail himself of her principles for the augmentation of his own power. He has given him power after power; and is still going on to give him power upon power, as his researches go on in exploring her boundless fields, and in making discovery upon discovery; and to this growing increase of human power, no human being can now assign the possible limits. True, it has not enabled man, as it was fabled of him by the poets of old, to steal the fire from the heavens; but it has enabled him to do more and better—it has enabled him to become an humble pupil in the school of the Divine Artist; and, by studying his models, to copy his agencies, though at the immeasurable distance which separates a finite from the Infinite Being. As this Organon of Bacon has been the beacon-light to mankind to guide him to the true philosophy, and to the improvement of his physical condition, so will this work of Madison, as I trust and predict, be his beacon-light to guide him to the true science of free government, and to the improvement of his political condition. The science of free government, the most difficult of all the sciences, by far the most difficult, while it is the most important to mankind; of all the slowest in growth, the latest in maturity. Not the science which has penetrated the causes and explained to mankind the phenomena of the heavens is so difficult; that has been found of easier and more rapid attainment. Indeed, the difficulties to be overcome in evolving this science are so great, that we are to wonder less at its tardy advances, than at its final success. In the first place, it requires the deepest and most perfect insight into the nature of man; of man not only in his general nature, but as modified by society; which every where has superinduced and clothed him with a second nature, denominated habit; and that as diversified as the countries he inhabits. Then it requires that faculty of comprehensive combination, which is the rarest of all the gifts of God to man, and which, whenever and wherever it appears, seems destined to produce an era in human affairs; a faculty of combining into a whole, where the elements to be combined are so various as to be almost infinite; a whole perfect in relation to all its parts, and its parts perfect in relation to the whole. Besides, the perfect model of the free government is not like the perfect model of any other science. of every other science, the perfect model any where is the perfect model every where, and every where alike perfect. The perfect watch at Washington, for instance, is the perfect watch at Canton, and so all over the globe; but not so the perfect model of the free government: that, though the principles are the same every where; the form varies as the circumstances vary, of the people by whom it is established; to which circumstances it must always be adjusted and made to conform. - - - Here, with us, the difficulties to be overcome in this achievement, from the nature of the elements to be combined, were stupendously great. In looking back to those difficulties, that they were overcome at all ap: pears to me now little less than a prodigy; and it still fills me with astonishment. For here a combination was required that would produce a structure, perfectly anomalous in the history of human Governments; and such a structure was produced, and as perfect as it was novel. Here were a people, spread and spreading over a vast territory--that stretching and to stretch almost from the rising to the setting sun--this scattered and countless multitude were to be ruled in freedom as one SENATE.]

people, and by the popular will—-that will to be uncontrolied in itself, and controlling every thing. Such an achievement, the most enlightened friends of freedom and human rights, in all countries and in all ages, had deemed to be morally and physically impossible. Besides, here were thirteen States, and all the other States to be formed out of that vast territory, without being destroyed as States, to be so combined as to form, in the general aspect, but one simple Government; with all the unity and energy of one simple Government; powerful alike to assert and maintain all their rights as a nation, against all other nations; and the rights of every individual, all over this boundless domain, against every aggressor; that is, a Government equally fitted and efficient for all the purposes of peace and war. Such an achievement, often before, and under much more favorable circumstances, because upon a much more limited scale, had been attempted, but never before accomplished; as is but too well attested by the histories and the destinies of all the confederacies that before had ever existed on the earth. Those confederacies had all proved signal failures as effective Governments, both in war and peace; and entirely for the want of that form of structure and principle of combination that would reconcile absolute sovereignty in the nation with sovereignty in the States, as parts of one nation--as consistent and harmonious parts of one supreme sovereignty. This principle, unexplored and unknown before, was developed and displayed, most happily so, in the structure of our confederate and national republic. This work now proposed to be published will unfold to us all the steps of that diversified analysis and discovery which lead to this happy and splendid result. Those who think (if any think) that the result itself— namely, the constitution—of itself and by itself, will be enough for the instruction of mankind on this subject, are much mistaken. For there is a vast difference between the knowledge which is acquired analytically, and that which is acquired synthetically; the latter is but isolated knowledge; the former is knowledge that is the consequence of other knowledge. Synthesis gives to us a general truth, but acquired in a mode that is barren of other fruit; analysis not only gives to us the same general truth, but puts us on the track of invention and discovery, and is always fertile of other and often of better fruit; synthesis carries us to a fountain head, but never beyond; but analysis carries us beyond, and to the fountain of that fountain; it places us upon an eminence that overtops and overlooks the general truth in the wide survey it commands and gives to us; and as to that general truth, it enables us not only to comprehend it more perfectly, but to apply it more successfully. This is at once a branch and the great instrument of that rimal philosophy of which Bacon speaks, and whose cultivation he so highly recommends—the philosophy of hilosophy; the common mother of all the sciences, and y which alone their boundaries can be extended. He compares it to the Berecynthia, whom the poets of old fabled to be the mother of all the gods:

“Omnes eaelicolas, omnes supera alta Tenentes.”

Of such is the nature, and such will be the fruits to man*...* the work now proposed to be given to the world. Further to awaken our sensibility on this subject, I need not remind the Senate how much we owe to a name that is to render the name of this country respectable in every other on this globe; the clarum et venerabile *@*en- Nations have lived upon the earth who have o *xtinct, and been lost to the memory of *** ! **Yeo when the clarum of renerobile momen had illustrated their annals. T. clarum et venerabile

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nomen is the true elixir of national immortality. what has this country, what can she ever have, that would be an equivalent to her in exchange for the name of her Washington? that star of stars in the diadems that sparkle on the brow of nations? Not the diadem that sparkles on the brow of Greece, not the diadem that sparkles on the brow of Rome, has one of equal brilliancy. No, it stands peerless on the earth, and alone in glory. Though it can never be a contest whose name is to do the most honor to our country, and, more than all others, to carry her name, associated with his, and emblazoned by his, down through all the endless generations of mankind to follow, for all the endless ages of time to come, yet among the names to cluster around his, and to form the constellation (may it multiply to a galaxy) of American worthies, not one will ever shine with a purer, with a brighter, or more inextinguishable lustre than that of Madison. If, then, this appropriation was merely to express a nation’s gratitude to a nation’s benefactor, it would be the least it would become her to make. But, besides that, we are to consider that it is to purchase for this country, and for mankind, a treasure of instruction, whose value no money can measure, no figures can express. Mr. CALHOUN said that he had listened with pleas. ure and delight to the venerable gentleman from Rhode Island, [Mr. Robbins,] and he coincided in opinion with him, that we were indebted to Mr. Madison, at least as much as to any other man, for the form of government under which we live. Indeed, he might be said to have done more for our institutions than any man now living, or that had gone before him. A great and efficient aid he was, undoubtedly, in forming the Government. But there was another great act, which would immortalize him in the eye of posterity-the profound and glorious views which he took of our Government in his celebrated Virginia report. In his opinion, that was by far the ablest document that issued from the pen of Mr. Madison—one from which Mr. C. had derived more information, and a profounder insight into our Government, than all the other documents he had perused. Now, if he understood the object in view, it was in direct opposition to the great and fundamental principles of Mr. Madison himself, an adherence to which, he (Mr. C.) solemnly believed, would give durability to the Government under which we were now living. He wished at some other time (as he was not prepared at this time) to be heard on the subject, when he would endeavor to satisfy the Senate that, in giving our assent to the appropriation asked for, we should not honor the name of Madison. Mr. C. would postpone what he had to say until the third reading of the resolution; and, in the mean time, Senators would have an opportunity of coming to a full understanding of the subject. The resolution was then ordered to be engrossed for a third reading.


The Senate proceeded to the consideration of the bill to adjust certain claims to reservations of land under the 14th article of the treaty of 1830, with the Choctaw lndians.

Mr. BLACK moved to amend the bill by striking out three of its sections, and substituting others in their place.

Mr. B. explained the circumstances of the case, which were in substance these. The Choctaw lands were obtained by the United States in virtue of a treaty held at Dancing Rabbit creek. It was not without great difficulty that that treaty was effected; the leading chiefs and the greater part of the nation being strelucusly opposed Feb. 18, 1837.]

to ceding their lands and removing west of the Mississippi. They actually refused to treat, and left the ground, and the treaty was at last made with a comparatively small number of chiefs; nor could it have been effected at all, but for the insertion of an article which provided that such Choctaws as were desirous to remain, and should notify that desire within a given time to the United States agent, should have lands reserved for them, in the following proportion: every head of a family, one section; for every child over ten years of age, half a section; and for every child under ten years, a quarter of a section. The agent was a man of intemperate and careless habits; and when the Choctaws applied to him, giving notice of their intention to remain on their lands, he in some cases refused to receive the application, and in other cases to record it. Proclamation having been made for the sale of the lands, a number of these Indians, who supposed that they were safe in the possession of their lands, had the land sold from under them. Application was immediately made to the President of the United States, who, on being aware of the hardship of the case, issued an order reserving from sale enough land to make up to these Indians the loss they had sustained, and appointed an agent to locate these floating titles, subject to the subsequent decision of Congress. These locations were familiarly known by the title of contingent locations, and were laid down on the very best lands in the state of Mississippi. As soon as it came to be known that this provision was made for the satisfying of the claims of Choctaw Indians whose lands had been improperly sold, those claims became an object of eager speculation. Large speculating companies and subcompanies were formed, to take advantage of this state of things. Agents were sent by them across the Mississippi, to that portion of the nation which had removed under the treaty, and a large number of claims were collected from among them. All these claims were located on the banks of the Mississippi, or on rich bottoms and islands in the neighborhood of the bayous, and embraced some thousands of sections of the finest land in Mississippi. A bill had been introduced at the last session, by the Committee on Private Land Claims, the effect of which would be to confirm all these locations, and thus to sanction one of the most stupendous frauds which had been attempted since the days of the famous Yazoo scheme. The object of Mr. Black's amendment was so to alter the bill of the last year (which has not become a law) as to prevent the confirmation of these claims, and to provide for their examination, by a board of commissioners, before whom the Choctaws were to prove their claims in person, and which declared all previous sales of their floating rights null and void. ... Mr. B. said he was willing to modify his amendment, if it was thought best, so as to allow to the Indians who should make good their rights before the commissioners the amount in money for which their lands were sold. Mr. EWING, of Ohio, advocated the amendment, though he considered it as not sufficiently guarded. Mr. BAYARD replied at length, vindicating the bill as reported last year by the Committee on Private Land Claims, (to which he belongs.) He contended that the bill did no more than fulfil the treaty stipulation to which the faith of the United States had been pledged. The Indians who wished to remain were entitled to the amount of land which that treaty gave them. By the gross and oppressive misconduct of our own agent, they had been dePrived of these rights, and turned out of house and home, when reposing on the good faith of this Government. It *** indispensable that somebody should have taken up their cause, and made an effort to get them justice, and it was rather too much to expect that persons who had §one to great trouble and expense for that purpose should be so very disinterested as not to require some

The United States and Merico.

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share in the land which, but for them, would have been lost entirely. He denied, however, that the bill of the last session went unconditionally to confirm the contingent locations. It appointed a board of commissioners, before whom the rights of the Indians must be substantiated by competent proof, such as would be received at common law, before a court of justice. He disclaimed all desire to encourage speculation, or foster speculators on Indian rights; and he therefore introduced several amendments into the bill, with a view to obviate the evils which Mr. BLAck had stated; one of which provided that the land to be given to the Indian in exchange for that of which he had been deprived should not greatly exceed it in value. Another of them declared all compacts made by the Indians for the disposal of these claims to be null and void, and reserved a decision upon them until the next session of Congress. Mr. WALKER, in pursuance of instructions from the Legislature of Mississippi, strenuously opposed the bill as reported by the committee. He also opposed the amendments proposed by Mr. BAY ARD, greatly preferring that of his colleague, [Mr. BLAck, on which he demanded the yeas and nays. Mr. PRESTON, after a course of general observations on the practical difficulty and even impossibility of making any arrangement in favor of these Indians which would not immediately be seized upon by the superior sagacity of the whites, and converted to their own advantage, suggested that the best plan of getting rid of the whole difficulty would be to allow the Choctaws, who had been unjustly deprived of their lands, to enter the same quantity in any lands of the United States subject to private entry; not that he had the least idea that they would hold these lands, for he had no doubt that, before a year was passed, they would all be converted into money, which money would all be expended in a drunken frolic. But this would satisfy the claims of justice on the Government, and those Choctaws would then be left to follow the destiny of the residue of their tribe, who had gone west of the Mississippi river. Mr. WHITE thought the most prudent course would be to appoint a board of commissioners to make diligent inquiry into the facts of the case; the number of heads of families; the number of their children over and under ten years of age; the notification of their intention to remain; the lands they had occupied, and the prices at which those lands had sold; and to make a full and accurate return to Congress; and let Congress decide on the whole case, as thus presented. [The above presents a concise view of the substance of a debate of a protracted and desultory character, which occupied the Senate till a late hour.] The bill was then laid over till Monday.


Mr. BUCHANAN, from the Committee on Foreign Relations, presented the following report:

The Committee on Foreign Relations, to whom was referred the message of the President of the United States of the 6th instant, with the accompanying documents, on the subject of the present state of our relations with Mexico, report: -

That they have given to this subject that serious and deliberate consideration which its importance demands, and which any circumstances calculated to interrupt our friendly relations with the Mexican republic would necessarily insure. From the documents submitted to the committee, it appears, that, ever since the revolution of 1822, which separated Mexico from Spain, and even for some years before, the United States have had repeated causes of just complaint against the Mexican authorities. From time to time, as these insults and injuries have occurred, demands for satisfaction and redress have been SENATE.]

The United States and Mexico.

[Feb. 18, 1837.

made by our successive public ministers at the city of Mexico; but almost all these demands have hitherto proved unavailing. It might have been expected that, after the date of the treaty of amity, commerce, and navigation, concluded between the two republics on the fifth day of April, one thousand eight hundred and thirty-one, these causes of complaint would have ceased to exist. That treaty, so clearly defines the rights and the duties of the respective parties, that it seems almost impossible to misunderstand or to mistake them. The committee, notwithstanding, regret to be compelled to state that all the causes of complaint against Mexico, which have been specially noticed in the correspondence referred to them, have occurred since the conclusion of this treaty. We forbear from entering into any minute detail of our grievances. The enumeration of each individual case, with its attendant circumstances, even if the committee were in possession of sufficient materials to make such a compilation, is rendered unnecessary, from the view which they have taken of the subject. These cases are all referred to in the document No. 81, entitled “Claims on Mexico,” in the letter of instructions from Mr. Forsyth to Mr. Ellis of the 20th of July, 1836, and in the subsequent correspondence between Mr. Ellis and Mr. Monasterio, the acting Mexican Minister of Foreign Affairs. If the Government of the United States were disposed to exact strict and prompt redress from Mexico, your committee might, with justice, recommend an immediate resort to war or reprisals. On this subject, however, they give their hearly assent to the following sentiments, contained in the message of the President. He says: “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 property and persons of our citizens, and 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, considering 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.” In affording this opportunity to the Mexican Government, the committee would suggest the propriety of pursuing the form required by the 34th article of the treaty with Mexico, in all cases to which it may be applicable. This article provides that “if (what, indeed, cannot be expected) any of the articles contained in the present treaty shall be violated or infracted in any manner whatever, it is stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaint of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.” After such a demand, should prompt justice be refused by the Mexican Government, we may appeal to all nations, not only for the equity and moderation with which we shall have acted towards a sister republic, but for the necessity which will then compel us to seek redress for our wo either by actual war or by reprisals. The subject will then be presented before Congress at the :...'...'. * next session, in a clear and distinct form, *** committee cannot doubt but that such

measures will be immediately adopted as may be neces. sary to vindicate the honor of the country, and insure ample reparation to our injured fellow-citizens. They leave the mode and manner of making this demand to the President of the United States. Before concluding their report, the committee deem it necessary to submit a few remarks upon the conduct of Mr. Gorostiza, the late envoy extraordinary and minister plenipotentiary of the Mexican republic to the Uni. ted States. In regard to that functionary, they concur fully in opinion with Mr. Forsyth, that he was under the influence of prejudices which distorted and discolored every object which he saw whilst in this country. On the 15th of October, 1836, he terminated his mission by demanding his passports. And for what reason? Because the President refused to recall the orders which he had issued to the general commanding the forces of the United States in the vicinity of Texas, directing him to pass the frontier, should it be found a necessary measure of self-defence; but prohibiting him from pursuing this course unless the Indians were actually engaged in hostilities against the citizens of the United States, or he had undoubted evidence that such hostilities were intended, and were actually preparing within the Mexican territory. A civil war was then raging in Texas. The Texian troops occupied positions between the forces of Mexico and the warlike and restless tribes of Indians along the frontiers of the United States. It was manifest that Mexico could not possibly restrain by force these tribes within her limits from hostile incursions upon the inhabitants of the United States, as she had engaged to do by the 33d article of the treaty. No matter how strong may have been her inclination, the ability was entirely wanting. Under such circumstances, what became the duty of the President of the United States? If he entertained reasonable apprehensions that these savages meditated an attack from the Mexican territory against the defenceless citizens along our frontier, was he obliged to order our troops to stand upon the line, and wait until the Indians, who know no rule of warfare but indiscriminate carnage and plunder, should actually invade our territory? To state the proposition is to answer the question. Under such circumstances, our forces had a right, both by the law of nations and the great and universal law of self-defence, to take a position in advance of our frontier, in the country inhabited by these savages, for the purpose of preventing and restraining their incursions. The Sabine is so distant from Washington that it became absolutely necessary to intrust this discretionary power to the commanding general. If the President had not issued such orders in advance, all the evils might have been inflicted before the remedy could have been applied; and in that event he would have been justly responsible for the murders and devastation which might have been committed by the Mexican Indians on citizens of the United States. When these discretionary orders were issued to General Gaines, they were immediately communicated to Mr. Gorostiza, in the most frank and friendly spirit. The fullest explanations of the whole proceeding were made to him, and he was over and over again assured that this occupation of the Mexican territory, should it become necessary, would be of a limited, temporary, and purely defensive character, and should continue no longer than the danger existed; that the President solemnly disclaimed any intention of occupying the territory beyond the Sabine, with the view of taking possession of it as belonging to the United States; and that this military movement should produce no effect whatever upon the boundary question. The committee believe that Mr. Gorostiza ought to have been satisfied with these explanations. But they Fen. 20, 1837.]

Copy-right Laws—-Papers of Mr. Madison.


failed to produce any effect upon his mind. Without instructions from his Government, he retired from his mission upon his own responsibility. This was not all. Before he left the United States he published a pamphlet, containing a portion of his correspondence with our Government and with his own, from which latter it appears that, whilst engaged upon the business of his special mission here, he was making charges of bad faith against the United States to the Mexican Secretary of Foreign Relations. The committee will not enlarge upon the glaring impropriety of such conduct. The publication

of such a pamphlet by a foreign minister, in the country

to which he has been accredited, before taking his departure, can be considered in no other light than as an appeal to the people against the acts of their own Government. It was a gross violation of that diplomatic courtesy which ought ever to be observed between independent nations, and deserves the severest condemnation. This act was still more extraordinary when we consider that it almost immediately followed the note of Mr. Dickins to him, of the 20th October, 1836, assuring him that the President would instruct Mr. Ellis to make such explanations to the Mexican Government, of the conduct of that of the United States, as he believed would be satisfactory. The committee regret to learn, from the note of Mr. Ellis to Mr. Forsyth of the 9th of December last, that the Mexican Government has publicly approved of the conduct of its minister whilst in the United States. They trust that a returning sense of justice may induce it to reconsider this determination. They are willing to believe that it never could have been made, had that Government previously received the promised explanation of the President, contained in the letter of Mr. Forsyth to Mr. Ellis of the 10th December, 1836, which, tinfortunately, did not reach Mexico until after the latter had taken his departure. This letter, with the President’s message at the commencement of the present session of Congress, cannot fail to convince the Mexican Government how much they have been misled by the representations of their minister. After a full consideration of all the circumstances, the committee recommend the adoption of the following resolution: Resolved, That the Senate concur in opinion with the President of the United States, that another demand ought to be made for the redress of our grievances from the Mexican Government, the mode and manner of which, under the 34th article of the treaty, so far as it may be applicable, are properly confided to his discretion. They cannot doubt, from the justice of our claims, that this demand will result in speedy redress; but should they be disappointed in this reasonable expectation, a state of things will then have occurred which will make it the imperative duty of Congress promptly to consider what further measures may be required by the honor of the nation and the rights of our injured fellow-citizens. Ordered. That 2,000 extra copies of the above report be printed. And then the Senate adjourned.

Mondar, FEBRUARY 20.

COPY-RIGHT LAWS. Among the memorials presented to day was one by Mr. GLAY, from a very iarge number of persons, who stated themselves to be American authors and friends of literature, calling the attention of Congress to the subject of copy-right laws, and expressing an anxious wish that those laws might be so modified as to extend their benefits to foreign authors. Mr. G. further remarked that the evidences in favor of the measure of grant. ing copy-rights to foreign authors were so strong is not

- →--> to leave a doubt on any mind of its favorable reception by the country.” Under these circumstances, he said he should call up the bill granting such rights as soon as convenient. The memorial was laid on the table, and ordered to be printed.


The Senate proceeded to the consideration (on its third reading) of the following joint resolution: “Resolved, &c., That the Joint Committee on the Library be, and they are hereby, authorized and empowered to contract for and purchase, at the sum of thirty thousand dollars, the manuscripts of the late Mr. Madison, referred to in a letter from Mrs. Madison to the President of the United States, dated the fifteenth of November, eighteen hundred and thirty-six, and communicated in his message of the sixth of December, eighteen hundred and thirty-six, conceding to Mrs. Madision the right to use copies of the said manuscript in foreign countries as she may think fit.” Mr. CALHOUN said this resolution from the Committee on the Library proposed to appropriate $30,000 to accomplish the object proposed. The facts, he said, were these: Mr. Madison, under the impression that these papers would be favorably received by the public and by publishers, had levied several legacies upon them, one of some thousands of dollars to the Colonization Society, and some smaller ones to other public charities, in addition to some private bequests. But, so far from his anticipations having been realized, it seemed that Mrs. Madison was unprepared to run the risk of publishing them at all, and on this account had applied to the President in relation to them. He had recommended to Congress to purchase them; and the Committee on the Library had consequently made this report. Every one (Mr. C. said) was ready to render to the memory of Mr. Madison all possible respect. But the questions involved in this case were of a constitutional character, and it was therefore impossible for Mr. C. to vote for the proposition. The question was, have Congress the right to make this appropriation? The constitution gives Congress the power to lay and collect taxes, to pay the debts of the Government, and to provide for the common defence and general welfare. It was under this provision of the constitution that Mr. C. understood this appropriation was to be made. In reference to this clause of the constitution there had long been a diversity of opinion. From the very commencement of the Government, the two great parties in the country were divided upon it. One of these parties conceived that, by these words in the constitution, Congress had the right, in promoting the general welfare, to appropriate money to any and every object which they believed would be conducive to the promotion of the general welfare. The other party, at the head of which was Mr. Madison himself, believed this power was limited by the constitution, and that Congress have no right to make an appropriation, unless authorized to do so by a specific provision of the constitution. These two schools had existed from an early stage of the Government to the present time. Mr. Madison, in his celebrated report of 1799, had given his views on the subject, in the most clear and conclusive language, which required not one word from Mr. C. He would ask the Secretary to read the passage on the 23d, 24th, 25th, 26th, and 27th pages of the report. [The Secretary then read the passage indicated by Mr. CALhou N.] Here, Mr. C. said, Mr. Madison, by a very able argument, had proved, beyond all controversy, that Congress has the power only to make specific grants, and that no more than specific powers are vested in them by that clause of the constitution. The opposite doctrine

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