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Dec. 17, 1828.]

Congress Printing.

(SENATE.

Ject of the gentleman from Tennessee, in offering his keepers, as to the printer; that they were all provided resolution, was understood and approved of by all parties, for by the constitution. In former times, very learned and and he hoped the amendment would be rejected, and the worthy men had passed the resolution fixing the choice of question put upon the original resolution. He had no printer, and he considered the experience of nine years doubt it would pass.

as worth something in matters of legislation. But, accordMr. KNIGHT said, that gentlemen did not yet seem to ing to the gentleman from Maryland, no person but the understand his proposition. It did not go to the effect that President of the United States could appoint the officers the Senate should elect the individual who should send in of the Senate. the lowest proposals. It was merely calling for informa Mr. CHAMBERS repeated the reasons to show that the tion ; the Senate could choose whom they pleased. The printer was the officer of the Senate, and asked how he whole length and breadth of his proposition was to get in- could be considered the officer of the Government at formation, that they might act upon the subject under- large, or any one of the other departments of the Government, standingly.

constituted, directed, controlled, and destroyed as he was The question was then taken upon Mr. KNIGHT'S by the Senate alone. The instances mentioned of the Secamendment, and lost.

retary and Sergeant-at-arms, were precisely analogous in The question then recurred upon the adoption of Mr. principle to that of the printer. The power of the SenEATON'S resolution.

ate to appoint them was derived from the same clause in Mr. CHAMBERS said he had never been satisfied that the constitution, and it had never been deemed necessary this was a proper subject for legislation. The constitution or proper to invoke the aid of the House of Representatives had, by the most express terms, given authority to the or the President to direct our proceedings in relation to Senate alone to choose its own officers, and he could not their appointment. He would, however, ask the gentleperceive the propriety of calling in the aid of the other man from Tennessee, whether the printer to the Senate branches of the Government to assist them in exercising was, or was not, an officer of the Senate? this power. He read the clause of the constitution confer Mr. EATON apologized for the misconstruction he had ring the power. The only question is, whether the print- put upon the remarks of the gentleman from Maryland, er be the officer of the Senate, and he presumed no doubt and replied to his question, that the printer was not an could be entertained about it. He was not the officer of officer of the Senate. the Government, regarding it as composed of the three Mr. CHAMBERS.If he is not an officer of the Senate, legislative branches: they do not unite in his election, in whose officer is he? He is elected by the Senate, and if the designation of his duties, nor do they exercise any con he is not the officer of the Government, or of a Departtrol over him. He was appointed by the Senate alone ; ment, it necessarily followed that he was the officer of the his duties were directed by the order of the Senate ; and, Senate. as had been assumed in debate, and he supposed properly Mr. WOODBURY asked for the reading of the amendassumed, his official existence might be terminated by them. ment, and it was read accordingly.

If, then, he be the officer of this body, and the consti A division of the question was then called for, and it tution gave to this body the sole power to appoint, it was was determined first to take the question on striking out. necessarily the constitutional right of the Senate alone, to Mr TAZEWELL said, if he understood the amenddetermine the manner of their proceeding in the appointment of the gentleman from Maryland, it went to do away

The only argument which he could anticipate was, with the whole of the joint resolution of 1819. Nine-tenths that the joint resolution of 1819, (which had all the forms of a of that resolution goes to describe the duties of the printer. law,) had still left the act of appointment to be performed | Did the gentleman mean to do away with the resolution by the Senate. This argument admitted legislation on the altogether? I will read the resolution, (said Mr. T.) for the subject to be entirely unnecessary and superfluous. But gentleman's information. (Mr. T. read that part of the it is not exactly in conformity with the facts of the case : resolution which describes the manner in which the work the resolution of the Senator from Tennessee (Mr. Eaton) shall be done, and then added) and in this way it goes on. goes upon the principle, that the law must be altered be- Surely the gentleman does not mean to do away with all this. fore the Senate can control the manner of their own pro. If this be his object, or if it be not, let me make a remark ceedings; it looks to the provisions as binding upon the or two. Is there no danger of the two Houses, in electing Senate in its substance and in its form, and professes to their printer, coming into contact? for, while the printer to derive all our authority, not from the constitution, ope shall do his work in pica, the printer to the other may whence it arises, but from this legislative act.

do it in brevier, &c. Hence the necessity for the joint The propriety of revising the whole system seemed to resolution, defining the manner in which the work shall be be conceded by some, because they were already per- done, to produce a uniformity in its execution, and in the suaded the prices paid were extravagant ; by others, be- prices. With regard to a violation of the constitution, he cause they had doubts, and by others because they were disagreed with the Senator from Tennessee, and concurred willing to receive information. By repealing the law or with the Senator from Maryland, that the printer to the joint resolution of 1819, the power of the Senate would be Senate was an officer of the Senate, and this he derived made to rest, as he thought it should, upon the positive from the constitution The constitution had prescribed provision of the constitution; and at a future and conve- the powers of Congress, and provided for the passage of nient day in the session a committee might be raised to such and such laws. But it is said we must not use in our regulate the system of duties, emoluments, and other mat- | laws the terms made use of in the constitution. And why ters connected with it, as the deliberate judgment of the not? The constitution provided for the impeachment of Senate should find to be proper.

Judges, declared the tenure of their office—that they These considerations induced him to move to strike out should hold them during good behaviour, &c. &c.; and shall all after the enacting clause, and insert the following: we not say that Judges may be impeached, and fix the “ That the joint resolution, approved the 3d of March, words of the constitution. And do you, in using them, do

tenure of their office ? Every law may contain the exact 1819, entitled. A resolution directing the manner in which that which is wrong? With regard to the printing of the printing of Congress shall be executed, fixing the Congress, each House had always the power to appoint prices thereof, and providing for the appointment of a prin- their printer, and each House had always exercised it; but ter or printers,' be, and the same is hereby, repealed.”

mischief had resulted from the mode of appointment, and Mr. EATON replied, that the same principle applied to prevent its recurrence again, the joint resolution of also to the election of the Sergeant-at-arms, and the Door- 1819 was passed. In this, both parties agreed. Some le

ment.

SENATE.)

The Lead Mines in Missouri.

[Dec. 18, 1828.

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gislation on the subject was necessary. The spirit of the The time might arrive when the Senate might wish to act resolution, however, should be preserved.

upon the subject, and to repeal a part or the whole of the Mr. CHAMBERS again took the floor. If (said he) the resolution ; if the concurrence of the House was not obhonorable Senator had attended to the remarks he had tained, they would be shorn of their own powers, and be submitted, he would have perceived that the course pro- deprived of a proper control over their printer, &c. He posed by him did not involve the inconveniences suggested approved of the principle that a majority should govern, He had suggested the repeal of the resolution of 1819, not in all cases. with a view to leave the prices and duties of the printer The question was then taken on striking out the original entirely unprovided for, but expressly with a view to the resolution, and negatived. future action of the Senate upon it, when a more perfect The question then occurred on engrossing the resolution and satisfactory system should be provided. All who had for a third reading, which was carried in the affirmative. addressed the Senate on the subject, except the Senator from Missouri (Mr. Benton) had expressed a willingness

THURSDAY, Dec. 18, 1828. to see this matter in charge of a committee ; he could only judge of the opinions of those who had not engaged in de

THE LEAD MINES IN MISSOURI. bate by looking to the apparent concurrence in opinion of The bill for the sale of the lead mines in the State o those who did, and he had thus been led to believe the Missouri (introduced by Mr. Benton) was taken up and Senate was prepared to act upon the subject with effect. considered as in Committee of the Whole.

In this state of things, the resolution of the Senator from Mr. BRANCH said, he should like to hear the reasons Tennessee, (Mr. Eaton) is stripped of every claim to the assigned for the passage of the bill, as he did not see the consideration of the other legislative branches except as necessity of disposing of the public property in this manto its asking their authority and permission to enable us to ner. They were already hurrying the property into marprescribe the mode which the constitutional power of ket faster than there was any occasion for ; and there was this body is to be exerted.

no reason, in his mind, why these mines should be exposed The Senator from Virginia, (Mr TAZEWELL) says it is to sale. entirely proper that the Legislature should enact laws in Mr. BENTON said, the same subject had been frequentthe very words of the constitution, and instances the case ly before the Senate, and had, during the last session, he of the Judges. The constitution authorizes and directs believed, passed this body, and been sent to the other Congress to legislate on the subject of Courts and Judges : House. The facts had often been exposed to the consiand although it would seem to be very unnecessary and deration of the Senate, and of committees, and very elaboridle legislation to introduce amongst other enactments ate reports had been made, filling several hundred pages, this, that Judges should hold their commissions during of their proceedings. This bill did not apply to the lead good behavior, yet it would seem to be a most strange and mines of the Upper Missouri, but was confined to those singular idea, that an act of Congress should be passed, within the bounds of the State of Missouri. having no other object but exclusively to enact, in the very the Upper Missouri were first discovered about the year words of the constitution, that “ Judges shall hold their offi- 1720, and had been worked from that time to the present; ces during good behavior." Such, he contended, was the but the nines in Missouri had been, for a long time, uncase now before the Senate. The sole object of the re worked; the land had been but scratched over, or had been solution he proposed to strike out was, to clothe the dug some fifteen or twenty feet. The mines in Missouri Senate, by the authority of a law, with a power which they were very little profit to any body, and reports from that already possessed, derived from the constitution.

section stated, that very little was received from them; Mr. C. then modified his amendment, by adding to it the they were neither profitable nor desirable property to the words, “ so far as the same refers to the appointment of Federal Government. This bill barely authorized them to printers."

be offered for sale ; it did not order their sale ; there was Mr. NOBLE said, he did not wish to intrude : but we no coercion--on the contrary, the notice of the sale was had all to answer for our sins, and he presumed we should not of the ordinary kind. Public notice was to be given all have to do it on the same plan. The resolution had not in every State in the Union, in some newspaper, six yet been referred to a Committee. He thought it should months before the sale. It was five and twenty years since take that course, and he would move its reference to the Louisiana came into the possession of the United States, Committee on the Judiciary. If it did not go to that Com- and it was five and twenty years since these mines were mittee, he should be in favor of referring it to the Com- discovered : an early law of Louisiana provided for the remittee on the Contingent Expenses of the Senate. It would servation of certain of these lands, so that they could not then come under the eye of the intelligent gentleman from be sold. He thought it time to have them explored, and Illinois, (Mr. KANE) who, from his remarks to-day, had made productive. He did not see why the gentleman evidently given his attention to the subject. If in order, from North Carolina opposed the bill, and wished to he would move that the resolution and amendment be re stretch the sceptre of barrenness over the whole of the ferred to the Committee on the Judiciary.

State of Missouri. The Government would be no loser The question being taken on referring the subject to the by the sale ; and, if no advantages were to accrue to the Committee on the Judiciary, it was determined in the Government of the United States, or to any body else, by negative.

keeping the mineral country of Missouri in a state of barMr. NOBLE said he would make another motion, and renness, why should the bill be opposed ? that was, to refer the matter to the Committee on the Con Mr. BRANCH replied, that it was generally conceded, tingent Expenses of the Senate. He begged leave to say that, where authority was given to the President of the that he had no object in view, but to get at the merits of United States, or to any of the Departments, that it was the case. If he was now called upon to vote, he might do equivalent to saying that the power might be exercised; it in the dark. He hoped the Senate would agree with and, although the authority given by this bill was discrehim as to the necessity of a reference.

tionary, only, he conceived that it would, in fact, be perThe motion of Mr. NOBLE was decided in the negative. emptory ; for, if the President of the United States had

Mr. JOHNSTON, of Louisiana, said he was satisfied liberty to dispose of these lands, he would be importuned that the Senate had the right to elect its own officers, in its by speculators until he had thrown the whole into the marown way, and without the concurrence of the other House. ket. And why should they force the sale of what it was He was in favor of the resolution, as offered by the gentle- not necessary to sell, and why should the State of Missouman from Tennessee, but thought it did not go far enough. ri be so anxious to have them disposed of? Is not this the

Dec 22, 23 ]

Commerce of the West.

[SENATE.

wealth of the country? Is not this the general treasure, which had been reported by the Committee on the public purchased by the public money? Is Missouri alone inter- Lands, and stated that the question would be upon the ested in these lead mines ? No, Sir, this is the public pro- amendment; which was explained by Mr. BARTON. perty. He would ask the honorable senator, if the mines Mr. BENTON then replied, that very ample reports belonged to the state of Missouri, whether he would be had been made, both by Government agents and others. so willing to throw them into the market now? Would he The United States appointed an agent there, many years not keep them until there was a demand for them ? Would ago, with a salary of $1,500 dollars per annum, who had he not wait until a more propitious period ? He [Mr B.] examined the country; and reports had also been made by thought he would.

persons who had been a long time resident in that country. Mr. BARTON said, the Senate must be well acquainted | As it was early in the session, he was willing the bill with the fact, that, at the time the State of Louisiana was should lie over, that the gentleman might examine the repurchased, the Missouri mines were but little known, and ports on the subject. that the general idea was, that they were immensely valu The question being taken on the amendment proposed able. Among the first laws passed by the State of Louis- by the committee, it was adopted, and the bill was then iana, was one making large reservations of land, in the ordered to be engrossed for a third reading. neighborhood of these mines. Since that time, much more Adjourned to Monday. was known of the mines than at that early period. It was now known, that almost the whole of the southern part of

MONDAY, Dec. 22, 1828. the State of Missouri, which was a broken and poor coun

The Senate was principally occupied this day in discusstry, was a mineral country. It was also known, that the ing a bill for the relief of Susan Decatur et al. most valuable lead mines in the United States were north of the State of Missouri. The Spanish lead mine was

TUESDAY, Dec. 23, 1828. there, and the whole of the valuable mineral country was

COMMERCE OF THE WEST. in a triangle, made by the boundary line of Missouri and the Mississippi river. It was necessary for the United A bill “ allowing duties on foreign merchandise, imStates to cover this country with tenantry, and their ported into Louisville, Pittsburg, Cincinnati, and St. Loumines were almost inexhaustible. The whole of this other is, to be secured and paid at those places,” was taken up country had been examined, and people were anxious to and considered. work it. The mining business was known to be extreme Mr. WOODBURY (Chairman of the Committee on ly uncertain, and it also was extremely fascinating ; it was commerce) said, this was the same bill which had been something like gambling, exciting high hopes, which were before that Committee, and passed the Senate, at its last frequently not realized. Under the present United States'

session, but was not acted upon in the House of Reprelaws, several cases had occurred in which lands had been sentatives. Full security was afforded to the public, by sold to individuals, and lead ore afterwards being discov- its provisions, that the duties would be paid; and, as the ered upon the lands, the patents were withheld. Now the convenience of the merchants of the Western country Government did not want these lands; they had already would be promoted, and the public lose nothing by the inexhaustible stores in the Spanish mine, the Fever river proposed arrangement, he saw no obstacle to the passage lead mines, in the State of Illinois, and upon the east and of the bill. west sides of the Mississippi. The project of this bill Mr. MARKS said, he recollected that, two sessions since, was not to force the sale. The gentleman from North Car- he had presented a memorial from the merchants of Pittsolina had supposed, that, because the Government could burg, praying that that place might be made a port of endispose of them, they must necessarily; but it did not follow; try. Since that time, he had understood that the citizens the President of the United States might have firmness of Pittsburg did not require the passage of a law on the enough to resist improper importunities. He would state subject; they were altogether indifferent to its passage, a case of the difficulty of which he had complained. In and he was not certain whether they would approve of it. the village of Belle Vue, a tract of land had been sold by He merely rose to give the Senate this information. It the Government to an individual as long ago as the year was altogether immaterial to him what order the Senate 1806; lately, ore has been discovered, not upon his tract, took upon the bill. but in the neighborhood of it, in another part of the towni,

Mr. WOODBURY said, the gentleman from Pennsylvain consequence of which his patent had been withdrawn. nia had pot, certainly, paid attention to the provisions of

Under this state of things, in the course of time, almost the bill. He would state, for his information, that the bill the whole State of Missouri will be reserved, and withheld did not provide for the establishment of ports of entry: from sale, and subject to this system. The mines on the it was not the intention of the committee to make such a Upper Missouri, and north of the State, were so much provision. It was at first contemplated ; but, for himself, more valuable, and, as they were worked, the settlers and he was against it. The bill provides merely that the dulaborers had left the State of Missouri and gone up to ties on goods to be imported into Louisville, &c. shall be them. This bill only abolished the law of reservation and secured to be paid at those places : the bonds will then be restriction, which had been found to be extremely injurious sent to New Orleans, and paid at such places as the colto that country, and which must ultimately be the ruin of it. lector of that port might direct. While on the floor, he

Mr. CHANDLER observed, that, as the gentlemen would state that an amendment had been made to the bill, from Missouri must know more of the subject than they at the last session, which was not contained in it as introwho lived at a greater distance, he would ask them if this duced by the senator from Missouri, viz. to include land had ever been surveyed by authority of the Govern-“Nashville, in the State of Tennessee," as one of the ment, and whether there were any reports upon the sub-places at which, also, duties on foreign merchandise might ject; if so, he should like to see thern, that he might have be secured to be paid. For the purpose of extending some more information, and make up his mind--as it might the same privilege to that place, he would move that the be advisable to sell all these lands, or it might be better to words he had named be inserted in the bill. sell only a part. There were always many speculators The motion of Mr. W. prevailed. about a new country, and, as the gentleman from North Mr. MARKS explained, that he had not paid attention Carolina very justly observed, if the President once had to the provisions of the bill, and repeated, it was immatethe liberty, he would be constantly importuned until he rial to him whether it passed or no. had thrown the whole of them into the market.

Mr. BENTON stated, that the object of the bill was to The PRESIDENT here read an amendment to the bill, give facilities to those persons in the Western country

VOL. V.-2

SENATE.]

School Lands in Alabama.

(Dec. 23, 1828.

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who were engaged in foreign commerce. The bill was were very indigent, and could not pay the expense of
under the consideration of the Committee of Commerce, schooling ; and it was because sufficient means could not
when a distinguished senator from Massachusetts (Mr. be collected from the lands granted, that a change of
LLOYD) was its Chairman. He approved of making the lands was required, to defray that expense.
places named in the bill ports of entry. Since then, that Mr. CHANDLER said, that, from what he could under-
committee had contemplated a different method, which stand, the good lands in Alabama were divided into quar-
was considered more safe. For years past, foreign goods ter sections. His object was, to strike out the provision
had been imported into the Western country, consigned for granting four quarter sections in lieu of the section
to merchants into the interior, from the Port of Liverpool to be surrendered, and to give section for section, if the
in particular. New Orleans was the port of delivery, and change must be made. He foresaw that this matter would
the consignees had to pay two or three per cent. 10 com not end here. Grant this request of the State of Alabama,
mission merchants to attend to the transshipment of their (said he) and other States would ask for a similar privilege,
property, and the security of the duties upon it. This where the same advantage was to be obtained. He had
was one hardship. Another was, the great advance of no doubt of it.
money which it cost them to have the business attended Mr. BARTON said, he thought the request of the
to. It was a fact, that some of the interior towns were State of Alabama unreasonable. She had made the com-
nearer to the Gulf of Mexico than New Orleans was fif- pact with the United States, and, he thought, to use a
teen years ago. These merchants can attend to their own common phrase, that she ought to be contented with her
business quite as well, if not better, than it is now attend- bargain. He thought there was a principle involved in
ed to at New Orleans, and the Government be equally se this grant, and he did not see where the thing would stop.
cure in the payment of the duties, while it would be a There was not a single one of the new States, which had
great accommodation to those merchants, if the bill should been admitted into the Union upon similar terms, but
pass. As far as the change contemplated by the bill was what had many poor sections, and which would make the
known, it had given general satisfaction ; it would be of same request ; therefore, if this bill pass at all, he thought
great advantage to the commerce of the West, if it should an amendment should be introduced, providing for extend-
become a law, and, certainly would be of no material in- ing the same privilege to all the other States. He prefer-
jury to the country. He, therefore, hoped it would pass. red, however, not beginning this system at all.

The question was then taken on ordering the bill to be Mr. CHANDLER then moved to amend the bill by engrossed for a third reading, and decided in the affirma- striking out the provision for selecting other lands from tive.

land districts, and inserting from townships. SCHOOL LANDS IN ALABAMA.

Mr. KING said, he was under the impression, when he

introduced the bill to the Senate, that it would pass withA bill“ authorizing the relinquishment of the sixteenth out any opposition. He had supposed that the Senate of section granted for the use of schools in Alabama, and the United States was the last body in the world that would entering of other lands in lieu thereof,” was then taken throw out any obstacles to the instruction of youth. The up for consideration as in Committee of the Whole. Government, when it laid out the lands, had provided that

[The bill provides, that, where the 16th section in each every township of six miles square should have a certain township, granted for the use of schools, was unproduc- portion allotted to it, and set off, for the benefit of schools. tive, it should be given up, and four quarter sections of Now it appeared that a great portion of this land turned other lands, of good quality, entered in lieu thereof.] out to be good for nothing; and were they to be told that

Mr. CHANDLER said, he should like to hear a satis- it was a compact made with the Government? He said, if factory explanation given why the State of Alabama they were to be confined to the very township in which should have a preference over other States in relinquish- the present lands were located, in nine cases out of ten ing unproductive school lands, and selecting four quarter the passage of the law would be worth nothing at all. sections of land, of good quality, in lieu of a whole section. The location of this sixteenth section was accidental : some

Mr. KING called for the reading of the memorial of the of the lands were good, some of them very valuable, and Legislature of the State of Alabama, instructing their Sena- the towns in which such were situated were lucky ; but in tors and Representatives to attend to the subject of the other townships the sixteenth section was a mere pine barschool lands. [The memorial was read, stating the unproduc- ren, and worth nothing at all; and they merely asked for tive quality of some of the school lands, and the wish to the liberty to change their lands for some which belong to be authorized to select others in their stead.]

the United States, but for which the Government had been : Mr. K. then stated, that the object of Government in unable to obtain the minimum price of one dollar and twensetting apart the 16th section of land in each township ty-five cents per acre. He had submitted to the first was to provide for the education of indigent children. A amendment without saying a word, although he knew that great proportion of country in that State, particularly the it would, in many cases, cut off the applicants altogether part from which he came, it was well known, was barren from the benefit intended. and unproductive. Where the sixteenth section proved The gentlemen from Missouri had opposed this request to be good land, and answered the purpose for which it of the State of Alabama, because he was afraid the thing was granted, there was, of course, no wish to relinquish would become general, and that other States would make it; this was the case where it was in the vicinity of a similar applications; he had no such fear. Much of the stream, and laid low; otherwise, it was valueless, and al- land of Alabama was entirely unproductive and worthless; together unfit for the purpose for which it was granted some of it, through which the streams run, was valuable In such cases, a sufficiency could not be raised from the and settled, but the other, which was mostly pine barrens, land to contribute to the payment of schooling; the poor was not worth the cultivation, and the settlers upon this could, in consequence, obtain nothing, and, therefore, the country who were not able to educate their children, askdesire to give it up, and enter other land in its stead-such ed of the Government that privilege. Suppose other States lands as has been offered at public sale, and would not did come forward, being similarly situated, would the Sebring the minimum price. This was no departure from nate of the United States say that they had made a comthe original system. The object was, if there was any pact, and that, if they could not afford to educate their object, to grant lands which should help to defray the ex children under it, that it could not be helped that they penses of education, and not those which were altogether had made a bargain? Ifother States came forward, in such anproductive. The lands might as well have been withheld. a situation he should have no hesitation in giving them the The people for whose benefit a change of lands was asked privilege they requested.

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Dec. 23, 1828.]

School Lands in Alabama.

(SENATE.

Mr. CHANDLER still supported his amendment. He something turned out to be nothing, that the intention was thought the State of Alabama had made a bargain with the the same, and that they were bound by it. Government, and he believed that the State of Alabama Mr. CHANDLER observed that, if the lands in Alabama had been bought with the proceeds of other States were so miserably poor as represented by the gentleman

Mr. BELL said, that the original contract with Alabama from that State, that settlers could not live upon them, was to give certain lands for the purposes of education. there would be the fewer children to educate, and the less It was now desired that the 16th sections might be given occasion for grants. up, and other lands selected in their stead. Why extend Mr. BENTON rose to protest against the doctrine inculthis privilege to Alabama more than to any other State ? cated by the gentleman from New Hampshire, that the Had this been the contract with Alabama, it would be right lands thus apportioned by Congress to the States were doto do so. But did Government make any such contract ? nations. The same thing had been brought up years ago, No. Whether good or bad, it was the 16th section in each and dissolved and vanished when it came to be looked into. township that was given, and no provision made for an ex. Instead of the States receiving a donation from Congress, change of lands. If there was no such provision made, there was not an instance in which the new States would then the grant of other land would be by way of donation.

not return them their school lands, toss their right to them Then where was the right of Alabama to require other upon the tables, for the privilege of taxing the Federal lands? She had no more right to do so than Vermont, or lands within their sovereignties. The State of Alabama any other State. And if the privilege was extended to presented a request for the privilege of doing that which her, of selecting lands, then should it be extended to other ought to be setiled by the local Legislature upon the spot ; States. All had the same claim. What answer would be but, so far from Alabama having the power to settle her made to other States who might put in the same claim ?

own matters as she pleased, and thought proper, they were If I vote for this bill (said Mr. B.), I shall be bound to as- brought here to be decided by Representatives from twensist all others. The old States certainly had as good a ty-four States, who knew nothing, and could know nothing, claim to the public lands. They were purchased with the about the matter. common funds of all, and all had an equal right to receive donations. He again asked, Why be more generous to

The gentlemen from Maine and New Hampshire had Alabama than to other States ? For his part, he could see

observed, that other States had as good a claim as the State no difference existing between them.

of Alabama ; but the old States were not obliged to come Mr. KANE said he did not consider this an application here for the settlement of their own private affairs. The of the State of Alabama for any benefit, but a request that State of Maine was not obliged to come here : for, some the United States would carry into effect the original in- forty or more years ago, when the States of Virginia and tention and spirit of the compact between the two Govern- of the public good, Massachusetts retained her lands; and

Georgia were throwing their vast domains upon the altar ments. The sixteenth section was not selected as the section to be set apart for school lands, because there was

when the separation took place, Massachusetts and Maine any peculiar virtue in the number sixteen, but because such a state of things, the whole machinery of the Govern

settled their own affairs among themselves. Instead of the number sixteen happened to come in the center of the townships. The new States had all of them agreed not figure in one of their papers. He thought every thing of

ment was obliged to be moved to change a single letter or to levy taxes upon the public lands for a certain period of the kind belonged to the States, and ought to be settled years, on condition that Congress should give such portion as was thought expedient for the benefit of the public by the local Legislatures. He had risen only to protest

against the idea that these school lands were donations to schools; but gladly would every new Slate rescind the contract with the Federal Government, and give up to Con- / the States. They were sales, sa les on severe terms, made gress every“ sixteenth section,” for the privilege of taxing between one arrived at maturity and one a mere minor. the United States' lands within their limits, and appropri- idea that the sixteenth section was a donation to the State

Mr. BELL said, that he did not intend to convey the ating the money to the support of her schools and her of Alabama ; and if what he had said bore that construcgovernment. Congress had been induced to make this compact with the several new States, upon three grounds : tion, it was unintended on his part. What was the con

tract ?

The contract was, that the sixteenth section, and In the first place, it was for the interest of the Government

no other, whether valuable or not valuable, should be the to have the benefits of education dispensed, and provision made for it, because it procured the more rapid settlement property of those who purchased the townships. If it of the public lands. In the second place, it was a matter claim, as a matter of right, the fulfilment of her contract.

had been the contrary, Alabama could come here and of contract ; the Government had agreed to give certain privileges to the new States for the privilege of holding its took back the sections, which were worthless, and gave

What he had said before, was, that, if the Government lands within the bounds of those States, free of taxes. The third ground was, that the privilege to the States

the State of Alabama good lands, worth four or five thouwas an act of parental duty, which Congress had the pow. be a donation; and, if this donation was made to Alabama,

sand dollars, that the whole difference in the value would er to exercise, and which they must suppose it was disposed 10 exercise, for the benefit of the new States. All why should not the other States have a donation? Why Alabama asked Congress to do, was, what Congress intend- should the new States have donations of land, or money, ed to do. It was not the intention of Congress to give one

for the instruction of their children, more than the old township a “sixteenth section” worth something, and States? If there was any reason, he should be obliged to

the gentleman who would point it out. The new States another a section worth nothing : for, if that is the case, it is plain that they intended to educate the children of knew the terms of the contract, and of the sale ; they one township, and leave those of another unprovided for. knew the advantages and the disadvantages upon which Congress had no intention of acting thus partially, and they were to come into the Union ; the lands were purit appeared to be their duty now to put the matter right and he could see no reason why the new States should

chased by the old States according to their advantages, Mr. SMITH, of Maryland, considered that, when the bargain was made, a portion of land was granted for a

complain. Certain purpose—the education of children ; and if it so

The amendment offered by Mr. CHANDLER was then happened in Alabama, that the sixteenth section turned rejected, 14 to 18, and the bill reported to the Senate as out to be good for nothing, the Government were bound amended. to carry into effect their intention. The ground he went The amendment made in Committee of the Whole was on was, that they intended to give a something ; and if that confirmed.

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