value of the copy-right, he should have no objection, and feel no difficulty in the adoption of a resolution authorizing the subscription to five hundred or one thousand copies of the work, at a fair price, to be paid for when it might be published. [FEB. 20, 1837. ferent opinions which have existed in relation to this matter have formed the basis and foundation of parties. One work will contain the true exposition of the constitution, according to the views of one party, and a very different work according to the opinions of another party. When one party is in the ascen. dency, they may publish and distribute among the people such works as may be calculated to explain and illustrate what they regard as the true theory of the Government; and another party, when in power, may au thorize the publication of political works of an opposite character, to explain and unfold the true theory of the constitution as they understand it. This is a power which would unavoidably lead to abuses of the most dangerous tendency; as nothing could be more mischievous than for Congress, by its direct action, and by the expenditure of the public funds, to attempt to influence public sentiment on political questions. The works of Mr. Madison would no doubt exert a highly beneficial influence on public opinion; but if a precedent is established, Congress may exercise the power, by publishing and distributing political works of a very different char acter. He believed that Congress had no authority to There can be no constitutional difficulty in purchasing the manuscript for the library, nor in purchasing a certain number of copies of the published work, nor in authorizing a subscription for a number of copies of the work when it may be published; but to purchase the manuscript, not for the library, but for the purpose of publication, is a very different thing. He doubted the power of Congress to do this, and he could see no necessity whatever for it. Why is it necessary for Congress to interfere? The work will be published without our aid. This manuscript is valuable, for we have just been informed that five thousand dollars have been offered for it. The aid of Congress, therefore, is not neces sary to secure the publication of the work, and to enable the people of the United States to have the benefit of the sentiments of the illustrious author. What reason, then, can be assigned why Congress should purchase the copy-right, and become the publisher of the work? Why has this application been made to us? He appre-publish any work for general circulation, or for any oth hended that there could be no other reason than that assigned by the Senator from South Carolina, [Mr. CAL HOUN,] that the aid of Congress was necessary to pay the legacies charged upon this manuscript. Under the form of purchasing the manuscript, we are to pay the legacies in the testament of Mr. Madison, charged upon a fund which is insufficient to satisfy them. Is not this the whole of the case? The high merit of the work is of no consequence in this view of the question, because the country will have the benefit of it without our interference. It is not on this ground that the purchase could be justified, and he could see no other object but to secure the execution of the will and the payment of the legacies. But, said Mr. N., is there not a great principle involved in this question; one much more important than that as to the propriety of the appropriation? Is Congress to become the publisher of books for general distribution, and with the view to enlighten the people? Where are we to find our authority for such a proceeding? We are told that these manuscripts, containing the only authentic account of the proceedings of the convention, ought justly to be considered as a part of the constitution itself; that they belong to, and are part of, the muniments of the Government. This is a strong claim to be set up for the private manuscripts of an individual, however distinguished or connected with the institutions of the country. But, admitting it to be true, has Congress the power to publish the constitution itself for general distribution, and for the purpose of affording political intelligence to the people? We may publish our journal or public records, for the use of Congress or the officers of the Government. But can Congress take upon itself to decide what political information is proper to be distributed among the people, and then become the publisher and distributer of the works containing the same, at the expense of the national Treasury? This would not only be a very extraordinary but a very dan gerous power. It would not only be a new source of expendi ure, but the assumption of a power which might be wielded with tremendous effect, in operating upon public opinion. If this work is to be published at the public expense and by the authority of Congress, on the ground that it is calculated to explain and illustrate the theory and principles of the Government, the same claim may be set up for works of a very different description. Who is to decide what is the true theory and exposition of the constitution? This has been a subject of controversy from the formation of the constitution. The dif er purpose than the use of the Government; and he could conceive of no assumption of power more danger. ors, or of which the people ought to be more jealous. He regretted that the committee had presented this subject in the manner they had, and was sorry they had not gone further, and informed the Senate what was their ultimate purpose in purchasing these manuscripts. But as they had not done this, he felt it his duty to look beyond the resolution, and to decide for himself what was intended by the purchase. He believed that the object was to publish the work under the authority and at the expense of the United States; and believing that such a proceeding would be wholly unauthorized, and a very dangerous exercise of power, he felt constrained to vote against the resolution. Mr. CRITTENDEN advocated the resolution. After pronouncing a merited eulogy on the character of Mr. Madison, he observed that we might with great reason anticipate the character of this work from that of its author; and such was the estimation in which he individually held a report compiled under such circumstances, by such a man, that he be lieved its value could scarce be overrated. There was no gentleman, he believed, who had expressed any hesitation as to the price proposed to be given; but the Senator from South Carolina was very apprehensive that, in purchasing this work, Congress would be ex ercising an unconstitutional power, and one which had a dangerous tendency toward the consolidation of the Government. Now, one great reason why Mr. C. was desirous of obtaining this and all other productions of Mr. Madison was the conviction that we could nowhere find more light as to the just interpretation of the powers in the constitution. As to the authority to make this purchase, if there was any value in precedents, there were enough of these to place it beyond question. The Senator demanded a specific power. A sufficient reply to that question would be to ask another. Under what specific power in the constitution had Congress erected this costly and magnificent palace for its legis. lation? Surely a building less expensive would have met and satisfied the necessities of the case. Who would say that these noble ranges of pillars, and the splendid dome they sustained, were indispensable to the deliberations of the Senate? Nay, where was the specific power for the erection of the Capitol at all? He would further de mand of the Senator under what specific power he voted for the purchase of books for the library? The truth was, that all these acts pertained to that subordinate class of powers which regulated what might be called the domestic economy of the Government, and which were necessary to the exercise of the primary and higher powers specifically enumerated in the constitution. And surely, if Congress could purchase any work constitutionally, was there any which it might more legitimately buy than the manuscript now in question? Could any work be more desirable to an American statesman? any more useful to an American legislator? Such a report formed an integral and most important part of the national history. It was a part of the archives of the Government itself. The Senator from Connecticut [Mr. NILES] was willing to purchase 500 or 1,000 copies of the work, when printed. That would be quite legitimate; but the honorable Senator was startled at the idea of purchasing a manuscript for publication. On what subtle ground of constitutional construction the gentleman came to such a conclusion Mr. C. was unable to comprehend. If the manuscript were purchased, would it not afterwards be printed? If it was printed, then all difficulty would be out of the way; but to purchase as a preparatory step to printing would be a daring violation of the constitution. [SENATE. sufficient to secure the publication. If Congress wished any copies for the library, they could furnish themselves with as many as might be necessary. Why must they purchase the copy-right? Would this application ever have come here if Mrs. Madison had been offered by the booksellers enough money to cover the legacies in her husband's will? [Mr. CRITTENDEN interposed, and said he presumed it would. The reverence in which that distinguished woman held her husband's memory would naturally induce her to desire to dispose of this manuscript rather to the Government of this country than to booksellers. As to purchasing the copy-right, so precious did he hold the manuscript itself, that, did he possess it, he would not take the $30,000 for it.] The It Mr. CALHOUN resumed, and insisted that, let gentlemen twist and turn the question as they pleased, it amounted to neither more nor less than this: an appropriation by Congress to pay the legacies in Mr. Madison's will. Mr. C. profoundly regretted that those legacies had ever been charged upon the avails of this manuscript. Mr. Madison had died childless, and had left his wife in easy circumstances. How much better would it have been Mr. C. was really unable to appreciate the force of had he left this work, free of all cost, as a legacy to the this argument. Congress designed to purchase this work American people? And he no less regretted that Mrs. for its own use; and did it constitute an objection that Madison had ever made the present application to Conthereby the community would be enabled to get it also, gress; and his regret was yet heightened, because a comand to possess it in a more authentic form? Congress pliance with her request involved a plain and palpable had a right to erect a chamber for its own deliberations. violation of that rule in the interpretation of the constiDid the act become unconstitutional if the dimensions of tution which Mr. Madison himself had laid down. that chamber should be so enlarged as to admit the erec- rule was full of the profoundest political wisdom and tion of a gallery for spectators? No more did it become foresight, and evinced in the mind of that great man a unconstitutional for Congress to purchase a work for just foreboding as to the fate of this Government. themselves because the public could get incidentally the would honor the memory of Madison far more to regard advantage of it. Mr. C. was desirous that Congress, by this rule than to purchase this manuscript. And if the such an act, should commend this work to the American manuscript itself was esteemed so valuable, there was no people, should put its imprimatur upon it, and send it doubt that the printer, after the edition was worked off, forth with all the additional weight which such an act would very gladly give the original to Congress. He could give. That which was not strictly necessary might then went on in a course of argument to show that the nevertheless be highly useful and becoming, in the ex- appropriation involved a violation of the principles laid ercise of powers confessedly constitutional. Was it ne- down by Mr. Madison with respect to limited powers, cessary to place in this hall that venerable countenance and would, if carried out, leave it in the power of the of Washington, which seemed, as it were, to preside in Government to perform any act whatever which it might silent dignity over their legislation? Was there any spedeem conducive to the general welfare. In reply to the cific power which authorized them to adorn the Capitol inquiry of Mr. CRITTENDEN as to the erection and decwith historic paintings and emblematical statuary? He oration of the Capitol, he observed that the case was believed that in purchasing this work the Senate would very plain. They were a legislative body, and must have fulfil a duty near and dear to the hearts of the American a house in which to assemble; and whether the building people. If the remains of Mr. Madison were known to were small or large, more or less expensive, did not vary exist in the remotest corner of the world, Mr. C. would the constitutional question. As to its profuse decoration, vote for an expedition that would cost far more than there had been many politicians of the old school who these manuscripts, to bring back dust so sacred to this doubted its expediency, and thought that much plainer country for a grave. Would not Congress have power buildings would have been more consistent with our reto do that? Where was the specific power for the ex- publican simplicity. As to the exploring expedition, Mr. ploring expedition now fitting out?-an expedition that C. greatly doubted the right of Congress to sanction any would cover the nation with imperishable renown. such measure. But thus we proceeded, step by step; one Should the gentleman's interpretation prevail, the nation departure was made to sanction another, until at length would be shorn of the brightest beams which now encir- they came down to the great question which had origicle its name; and though Mr. C. differed from that gen-nally separated the two parties in this Government. Mr. tleman as to constitutional views, he could not but believe that he was influenced at heart by all those feelings which would induce Mr. C. to support this measure. For himself, he had never given a vote with a more entire conviction of its perfect propriety. Mr. CALHOUN rejoined, and further insisted upon the ground he had before taken. There was no diversity of opinion as to the value of these manuscripts, nor with regard to the great character of Mr. Madison, nor as to its being a very desirable object that this work should be published; but whether it should be published by the agency of Congress was a different question. The work, however, would be published at all events. Mrs. Madison bad been offered $5,000 for it. That was VOL. XIII.-55 C. admitted that when a young man, and at his entrance upon political life, he had inclined to that interpretation of the constitution which favored a latitude of powers, but experienced observation and reflection had wrought a great change in his views; and, above all, the transcendent argument of Mr. Madison himself, in his celebrated resolutions of 1798, had done more than all other things to convince him of his error. The opposite course tended to a Government of unlimited powers, and in such a Government the executive department must inevitably swallow up all the rest. The Senator from Ken tucky [Mr. CRITTENDEN] had warred nobly against executive encroachments, but that warfare would be all in vain unless the money power of the Government should SENATE.] be closely watched. Papers of Mr. Madison. He had been struck with the sagacity and foresight of Mr. Jefferson, in a remark of that great statesman, that legislative usurpation would always precede executive, but that executive would always succeed it. Yet there would be a thousand cases which so strongly appealed to the hearts and sympathies of legislators, that these salutary restraints and warnings were all in danger of being swept away; and he who should oppose appeals of that nature would come to feel little in his own eyes, and to accuse himself of a want of the noblest feelings of the heart. He concluded by once more asserting that the naked question before the Senate was, whether they would vote an appropriation to pay the legacies in Mr. Madison's will. As he could not in conscience vote in the affirmative, he desired that the question should be taken by yeas and nays. Mr. RIVES said he little expected, after the numer. ous appropriations for objects very questionable in their nature, and involving far more dubious constitutional questions, which pass here from session to session and from day to day without objection or observation, that we should have been occupied in a grave constitutional discussion on such a resolution as this. He most thoroughly concurred with the Senator from South Carolina in every fundamental principle he has now laid down. He subscribed most heartily to the doctrine that Senator has quoted from the celebrated report of Mr. Madison in 1798. But what is that doctrine? What was the occasion of its being advanced, and what is its just application? The Senate will all recollect that at an early stage of the history of this Government an attempt was made to pervert a clause in the first article of the constitution, which empowers Congress to "lay and collect duties, &c., to pay the debts and provide for the common defence and general welfare of the United States." The first construction attempted to be put upon these words was, that Congress has power to do whatever it may deem necessary and proper for the common defence and general welfare; a construction which goes at once to prostrate all notion of specific powers, and which renders the subsequent grant of those powers in the constitution itself perfectly nugatory. But this interpretation was so gross, and so entirely at war with the whole spirit and genius of our Government, that it enjoyed but a brief reign. It was followed, however, by a construction much more plausible, and which was strenuously advocated by the justly celebrated Alexander Hamilton. He contended that although Congress did not possess a general and unlimited power to do any thing they pleased, provided they thought it for the general welfare, yet that they might do any thing whatever which could be accomplished through the appropriation of money. It was in answer to that doctrine that Mr. Madison, in the able report from which extracts have been read, undertook to show that the money power of Congress was itself subject to all the limitations of the constitution; that it was intrusted with Congress only as a means of carry. ing into effect the specific powers enumerated in that instrument; and this has ever since been held to be the true, orthodox, republican doctrine. To that doctrine I give my full and unreserved assent. But, while I do this, I say that it has no application here; and I admit that, if this appropriation cannot be sustained by showing that it has a proper relation to the delegated power of Congress, it cannot be justified. None can justly defend it on the ground that the money power is wider in extent than the other powers. No. We must be held, in every case, to the specific trusts of the constitution; but then it is not necessary that there shall in every case be a verbal grant of the power. I think the Senator from Kentucky [Mr. CRITTENDEN] fairly answered the Senator from South Carolina. He inquired, if we are to look for a specific power granted [FEB. 20, 1837. in words for each particular application of money, where was the authority for the erection of these gorgeous and magnificent columns, and for decorating the walls of this chamber with that image of the Father of his Country? The argument was, in my opinion, appropriate and conclusive. But it might be carried still further. I think the Senator from South Carolina, whilst he goes for a strict construction of the constitution, is in this case overstrict. If his notion of limited powers be correct, where is our authority, not for constructing so magnificent a building as this, but for erecting any building at all, even in the plainest style of Doric simplicity? Where is our grant of power to erect a mansion for the Executive, or public buildings to contain the national archives? There is evidently none. We must resort in all these cases to another clause, which declares that Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the Government of the United States, or in any department or officer thereof." Our power to appropriate money for the erection of this Capitol, or of the President's house, does not lie in the fact that such an appropriation is absolutely necessary, for it is not absolutely necessary. The President might reside, as many of the Chief Magistrates of the States do reside, in a private mansion, provided at his own expense; and Congress might hire some apartment, without expending money in the erection of a house for its own exclusive occupancy; and, according to the doctrine of the Senator from South Carolina, as there is no specific grant here, there can be no constitutional authority for such an application of the public money. But, though not indispensably necessary, it may, nevertheless, be fit and proper, and may be covered by the limited discretionary pow er to make laws to carry into effect those powers which are specifically enumerated. A construction so strict as that pleaded for by the Senator from South Carolina on the present occasion, would strip the Congress of its salutary powers, would disarm it, and render it utterly useless for all practical purposes. There must be a just discretion. But let me call the attention of that Senator to the report of Mr. Madison. I have not looked over it for two or three years, but my mind was so early and so deeply imbued with its principles, I looked to it with so much pride and confidence, as containing the political creed of my State, that I do not think I can err in saying that the test of any appropriation, as laid down by that great man, is, not that it shall be absolutely indispensable, but that it must bear "a direct and appropriate relation" to some of the powers specifically granted. By that test I am willing to abide; and I will vote for this appropriation, not on the broad principle that it promotes the general welfare, but on the ground that, on a fair common-sense and practical interpretation of the constitution, it has a direct and appropriate relation to powers specifically granted. Now, to apply this principle: I ask, is there any Government which has not power to preserve, and, if it pleases, to publish the acts and records of its own official history? The other Senator from South Carolina [Mr. PRESTON] put this matter, as I think, upon the true ground--on ground solid and impregnable. These debates of the convention are in the nature of public ar chives. They are the records and muniments of our na tional history, and it is only in that view that I am in favor of purchasing them; and I contend that this appro priation stands on far narrower grounds than those we are continually passing for the increase of our miscella neous library, or than that by which we erected this Cap. itol or the mansion of the Chief Magistrate. It is directed to the preservation of the monuments of our creation and organized existence as a nation and a Govern. ment, and to their publication in order to that preservation. Let me call the attention of the honorable Senator to what has been repeatedly done, and has never been objected to. When it was deemed proper to republish the journals of the old confederation, was that measure opposed on constitutional grounds? But why were those journals published? They were not the acts of an existing Congress, but of a pre-existing and different body. But still they were most precious and important, as constituting an integral part of our national history and existence. The same remarks will apply to the secret journals of the convention, and to the diplomatic correspondence of the confederation. Where was our specific constitutional authority for that publication? Yet we authorized all these things, by the necessary appropriation of money for the purpose. And I now ask, on what ground the publication of the journal of the proceedings of the convention can be practically distin- | guished from the debates of that same convention. May we publish the mere naked detail of the acts of the convention, and shall we be debarred from purchasing and publishing a full and authentic report of its debates, taken by a member so distinguished, who devoted himself with soul and body to the object, and who, in order to accomplish it, imposed upon himself self-denial, the regimen of an anchorite, while he was engaged in the labor? The journal is important, I admit, but the debates are more important. The journal is a mere skeleton, a record of yeas and nays, and of resolutions agreed upon or rejected; a maze without a plan. It is this report of debates which gives us a clew to the labyrinth--which clothes the skeleton with flesh, and life, and substance. It is this which sheds light upon the acts themselves, and informs us of the grounds and principles on which they were adopted. Then there is another point in which this report has more nearly the character of the journal itself. It is well known that the official journal of the convention was a very imperfect record, and that there were in it chasms which had to be filled up by a resort to this very work, parts of which are actually incorporated into it, and have been printed with it. Let me prove this by reading to the Senate a short passage from the introduction to that journal, written by Mr. Adams, the Secretary of State, under whose superintendence the Journal of the Convention was prepared for publication. [Here Mr. R. read several extracts from that work.] In whatever aspect, then, we regard these manuscripts, whether as general muniments of our official and gov ernmental history, or as a detailed account of the deliberations of that illustrious body which formed our constitution, they are of far higher importance than the mere naked journal itself, as showing in a most interesting manner the successive phases which the constitution as sumed, and as affording us important light towards its practical construction at the present time. The honorable Senator from Connecticut [Mr. NILES] appears to me to have misconceived the nature and scope of this resolution. With that astuteness which he well knows how to exhibit when there is occasion for it, he has brought forward a constitutional objection on this occasion which is not quite in harmony with that vigor ous common sense which distinguishes him in so peculiar and eminent a degree. He argues that, though it might be very constitutional to purchase this work, if it were printed, it would be a violation of the constitution to purchase the manuscript with a view to publication. But my honorable friend is running ahead of the resolution in point of fact. It says nothing about publication; that is altogether a distinct and subsequent question, in regard to which there may be a diversity of opinion. If he thinks that this purchase will be made constitutional by depositing the manuscript in one of the vaults of the | [SENATE. Capitol, or by placing it in some of the recesses of the library, where it shall be viewed only by those who enjoy a particular privilege to examine it, why, it can so be done; but the resolution itself does not contain a single word beyond the naked purchase of the manuscript. I have indeed no doubt that a majority of the body would be in favor of the publication. But there is nothing of that in the resolution. There may be important reasons why Congress should wish to possess the original veritable record of these proceedings, in the autograph of one so intimately acquainted with them, and so closely connected with all that relates to the constitution as was Mr. Madison. It is often important not only that we have the words but the punctuation even of some of those resolutions; for the Senator from Connecticut knows very well that grave constitutional questions have turned upon the punctuation of some of the articles of that instrument. A change in a word may change the whole character of a work, and hence it is important that the original manuscript should be deposited in our archives. That is the object of the resolution. It was drawn up with care, and with express reference to this point. The object is that we may have these manuscripts to appeal to as a genuine and authentic record, and an authority verified by the highest sanctions. In addition to the appropriations which I have already mentioned, there was, a year or two ago, an appropriation made without objection, so far as I am informed, of $25,000, for the purchase of the Washington manuscripts, papers without any particular official utility, since the most important of them were already in the hands of an eminent literary gentleman, and in a course of publication. If that application of the public money could be justified, surely this cannot be objected to. The Senator from South Carolina thought it fit to express his profound regret that Mr. Madison had not made a different disposition of these manuscripts; that he had not bequeathed them to the nation. That is delicate ground, and one on which I shall not presume to tread. It does not, in my apprehension, belong to this forum. It is one of those questions which every man must settle for himself in the tribunal of his own bosom. The Senator, I am very sure, does not and cannot doubt that Mr. Madison was actuated by motives alone of the purest patriotism and benevolence. He could not doubt that these debates would eventually be given to the people of the United States. There is that in his will which contains the proof that when he was recording the deeds and sayings of that assembly of demi-gods (I had almost called them,) he looked to the benefit of his country and of mankind. As to the bequests charged by Mr. Madison on the proceeds of these manuscripts, they were of a character to consecrate them to the interests of patriotism and benevolence. There were among them legacies to impor tant literary institutions: one to the University of Virginia, of which he was the rector; another to the College of New Jersey, of which he was an alumnus; and another to a college in Pennsylvania; as well as some for the education of individuals nearly connected with him by the ties of blood and affection. These provisions of a warm and practical benevolence are an honor to his heart, and more indelible to his memory, in my humble judg ment, than would have been an ostentatious gift of his debates to the people of the United States, as though they were objects of his charity. The nation, as the matter stands, are, in fact, his legataries. He has bequeathed to them the constitution, of which he was the chief founder and framer, and the enduring fruits of all his public toils and patriotic labors. Modest as was his great mind, and devoted to the last to the good of his country, he could not feel as if he were under obligation SENATE.] Choctaw Land Bill-Reduction of the Tariff. to give to his countrymen further proofs of his desire for their welfare. [FEB. 21, 1837. violation whatever of the constitutional authority of Congress, while it fulfilled at the same time a sacred duty to the country, to the Congress itself, and to the memory of a man the most distinguished, with a single exception, of the patriots of the Revolution. The question on the passage of the resolution was then decided by the following vote: YEAS-Messrs. Bayard, Benton, Black, Brown, Bu Grundy, Hendricks, Kent, Linn, Lyon, McKean, Mouton, Norvell, Parker, Preston, Rives, Robbins, Robinson, Southard, Spence, Strange, Tallmadge, Walker, Wall, Webster, White, Wright--32. NATS--Messrs. Calhoun, Davis, Hubbard, King of Alabama, Knight, Moore, Morris, Nicholas, Niles, Page, Prentiss, Ruggles, Swift, Tipton--14. I regret that there should on this occasion have been any comment here upon the private actions of the dead. Surely the testamentary arrangements of a man are, if any thing can be, matters which pertain exclusively, and in a sacred manner, to his own bosom. The personal bequests of such a man as Mr. Madison are not subjects for the jurisdiction or revision of the Senate. The Sen-chanan, Clay, Clayton, Crittenden, Cuthbert, Fulton, ator from South Carolina has also said that this proposition would never have been here, had the offer made to Mrs. Madison by the booksellers been sufficient to cover the legacies charged upon these manuscripts by her husband. Sir, I have been honored by some personal relations with Mrs. Madison; and I happen to know, that while that lady was prosecuting her arrangements for the publication of these papers, the suggestion was made to her, from sources entitled to her highest respect, that the most proper disposition that could be made of them, the destination most becoming her, as well as the character of her venerated husband, would be to place them under the control of Congress. And could any thing be more proper? These precious manuscripts, more precious far than the books of the Sybils, are the authentic depository, and the only one in existence, of the deliberations of those glorious minds which gave birth to our constitution. Surely there is an obvious and peculiar propriety in offering them to the Congress of the Uni ted States. And, then, as to their utility to the country. Should the publication be made as a private concern by the book trade, there would be a less perfect guarantee that they were presented in a full, correct, and authentic form. But place the manuscript itself in the archives of the Government, and all will have been done which could be done to insure the preservation of the original, and the accuracy and fidelity the copies. Let me in conclusion say, and I regret that the remark is called for by the allusions of the Senator from South Carolina, that the amiable and distinguished lady who is the proprietor of this manuscript is here as no petitioner for charity. She has done what it became her to do as the relict of that great man whose papers were bequeathed to her to enshrine and imbody among the treasures of our country an authentic record of those solemn debates which issued in the formation of our happy and glorious form of government. Mr. CALHOUN explained. He had cast no censure on the legacies of Mr. Madison. On the contrary, he considered them as all very proper, and he must be allowed to say that he was not a little surprised at the nature and tone of the remarks of the Senator from Virginia. That which had called forth the expression of his regret had been simply this: that the legacies charged on the avails of these manuscripts should have had the effect of bringing this application before Congress. What he had said was, that if an arrangement could have been made with the booksellers that would have covered those legacies, this application never would have been made; and there was nothing in the language of the will to show the contrary. Mr. C., after a brief recapitulation of the ground he had taken, concluded by observing that not one of the cases quoted by the Senator from Virginia availed in the least against the constitutional objection he had advanced; nor had he said any thing which any friend of Mrs. Madison had the least right to take exception to. Mr. CLAY said that it had been his intention to offer some remarks on this resolution; but so much time had already been occupied, and that remaining to the Senate was so precious, that he should content himself with merely saying that he should vote for the resolution with the greatest readiness and pleasure; that it involved no So the resolution was passed, and sent to the House of Representatives for concurrence. Mr. WRIGHT, pursuant to notice given on Saturday, moved to take up the bill for the reduction of the tariff. Mr. BAYARD pressed for the resumption of the Choctaw land bill, as the unfinished business. The question being taken on Mr. WRIGHT's motion, it was negatived: Ayes 13, noes not counted. CHOCTAW LAND BILL. The Senate then resumed the consideration of the bill for confirming certain contingent locations of land in the State of Mississippi, &c. The question being on Mr. BLACK's amendment, to strike out certain sections of the bill, and substitute others therefor. After some remarks from Mr. WHITE, which he concluded by reading an amendment he intended to move as a substitute for the whole bill, Mr. BLACK consented to withdraw his amendment. Mr. WHITE thereupon moved his substitute for the whole bill, which proposes a board of commissioners to examine the claim of each Choctaw Indian, and make a particular report of all the facts to Congress at its next session. Mr. BAYARD moved an amendment to it, which, after a desultory conversation, was withdrawn. Mr. WHITE's substitute was thereupon agreed to, the blanks filled with $3,000 as salary for each commissioner, $2,000 for the district attorney, $1,500 for a clerk, and the bill limited to the 1st of March, 1838. It was then reported to the Senate, and ordered to be engrossed for a third reading. After taking up and disposing of several other bills, The Senate went into executive business, and afterwards adjourned. REDUCTION OF THE TARIFF. Mr. CLAY said, before voting on this motion, he wished to inquire of the Senator whether it was intended that the bill should pass in its present shape, or that protected articles should be stricken from it. He believed the Senate generally would agree to a reduction of the duties on all except protected articles. Mr. WRIGHT said it was impossible to answer this question. He merely wished the Senate to take up the bill, and act upon it as they should think proper. He had no instructions from the committee, and he was not |