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JUN 28 39

22273

APRIL 25, 1836.]

Land Bill.

(SENATE.

into an account of dollars and cents. He asked whether the power was doubted, in passing the distribution bill, this public lands were to be debited with the expenses of the Post Office bill was still more objectionable. He relied removal of the Indians and the payment of agents. The upon the sound integrity of the Chief Magistrate in retrustee was bound to give all the benefit to the person considering his former views, when he found the people for whose trust he held the money, and the person for desired this distribution of the surplus. If, then, they whose use and benefit the trustee undertook to apply bad money enougb, and none of these projects were his money faithfully had a right to expect the full ben received with the same favor as this, the question was, efit. He spoke of the great importance of the purchase whether it would not be sound policy to adopt it. It of Florida to the country, and especially the southern was said that its passage would have the effect to destroy States, in preventing a lodgement of a foreign enemy, a spirit of manliness, which was necessary to keep the independent of its pecuniary value. He had no doubt federal Government in tone. When the people would that, after deducting these sums improperly debited to understand that the money they received was not a the public lands, and allowing a reasonable sum for all gratuity or a bounty, but was taken from their own funds, necessary appropriation, there would be enough left to and returned to them, they would not be decoyed into fully equal the amount proposed for distribution. He useless experiments. He would never think of distribu. would not go into so labored an argument as some others ting, except in cases of an extraordinary accumulation to show what would be left in the Treasury.

like the present. The State Governments understood At the close of the last quarter, there was in the quite as well how to manage their affairs as the United Treasury thirty.one millions; and, at the end of the next States did to manage its affairs, and would make a judiquarter, there would probably be thirty-three millions, cious disposition of the quota they would respectively and they had in bank stock, nominally, seven millions, receive." but which would probably be equal to seven millions Another difficulty was suggested. There was a five hundred thousand dollars, and by adding these sums number of new States, and some going to be admitted; together, they had at the end of the year about seventy- and if they went into the system of dividing the revenue two millions. To avoid every thing like mistake, he from the public lands, the old States would hold on to deducted three millions five hundred and sixty-seven the high prices, and never consent to the reduction of thousand dollars, and still there would be upwards of them. It was right for gentlemen from the new States, sixty-seven millions left. The late Secretary of the who really thought so, to oppose this bill. But he did Treasury (Mr. McLane) had estimated all the ordinary not believe the objection well founded. They must wants of the Government at fifteen millions, and, taking always suppose an integrity and magnanimity of character that as the data, there would still be twenty-five millions in the thirteen old States, upon which they could rely left; and he confidently asked, if, after all the wants of for justice. He had been raised in a new State himself, the Government were provided for, there would be and he was ready to say that the moment he voted for twenty-five millions needed, unless they increased the the distribution, he should be as ready to vote for a rearmy and navy to an unreasonable extent? He cited duction, so as to enable the inhabitants of the new States documents from the War Department to show that a to purchase land for a home for themselves and families. great increase of the army was not wanted, and that the He had voted against the amendment offered by the notion of fortifications, on the scale contemplated, was Senator from Mississippi, (Mr. WALKER,] because he exploded, as not calculated for general defence; and they did not think it could answer the purpose intended, but were useful only at certain important points; and that a declared himself friendly to a gradual reduction that board of examination had been recommended to point would benefit the settlers, let the fate of this bill be what out the most eligible points for their erection; and it might, and would vote for a graduation principle, that it was not recommended to go on with all the forti- such as would protect the honest settler. If any thing fications this year, but to expend the appropriation this should put him out of humor on that subject, it would year in completing those already begun. Forts, if not be because his own State had not received any thing manned and armed, might serve the enemy as a place from the general Government. He spoke of the faciliof security and annoyance, instead of defence against ties loans from banks afforded to combinations for the them. The radicals in 1822–3–4, and '5, were in favor purposes of speculation, and of the inability of those not of the fortification system. They might think they could concerned in them to compete with them in the purchase take the lead and regulate public opinion on that sub- of public lands. Those speculators lived upon their

hey would find that public opinion would wits instead of their labor. He closed by portraying regulate them, if they saddled a standing army on the the general benefits that would result from the passage country. These armies employed to fight for the Gov. of the bill, which would check this system of speculaernment would think it necessary to do their voting, and tion, and bring back a return of a wholesome and sound the militia of the country would rise en masse, and vote currency; it would be the means of sustaining these to abolish them. They might give what they pleased banks; it would be invested in internal improvements for their navy, and get out all the timber they could to and general education, and none of the other projects build all the ships they could, and they could not con ought to come into collision with it, as there was money sume the surplus. He understood there was a project enough for them all. It was returning to the States started to invest the surplus in stocks-but that would what was their own money, and he would never consent increase the difficulty, and instead of getting clear of the that they should be treated as infants, incapable of acting surplus, they would have an increase of it.

for themselves. The Committee on the Post Office and Post Roads had Mr. WALKER submitted the following amendment: brought to bear a steam power to help them to get rid which was to strike out the distribution according to the of it; and to that system he entered his solemn protest. last census, and insert a distribution according to the The Postmaster General had now the power to make compound representation of the respective States in the contracts with these steam car companies for the trans Senate and House of Representatives. portation of the mails; and if he had not the power, he Mr. W. said that if this distribution bill should be was in favor of giving it to him. He argued at very forced upon us, whether he should vote for or against considerable length against the measure proposed by the it, he wished to see it made as perfect as posible. That Committee on the Post Office and Post Roads, to show his amendment was in accordance with that feature of the difficulties in which it would involve the Government the constitution which regarded the States as coequal in becoming connected with these companies; and if the l sovereignties, which provided for their equal represent

VOL. XII.-81

SENATE.]

Land Bill.

[APRIL 25, 1836.

ation in the Senate, and which gives each of them two extent, under our form of Government; otherwise, the electoral votes in addition to their number of represent. large and the small States would not be equally repreatives in the other House of Congress. That if the distri. sented in the Senate. If representation is to be the cribution principle was to be adopted, he could not think it terion, that criterion, under our constitution, should be proper, under existing circumstances, to look upon the the representation in both Houses of Congress, as he States as counties, and wholly disregard their rights as (Mr. W.) proposed. If taxation was to be the criterion, equal members of this great confederacy. That the direct taxation would furnish no practical rule on the principle proposed by him, whilst it did not divide the subject. Direct taxation was one only of the modes of moneys equally among the States, yet was a nearer ap-supporting this Government-a most unusual one-and proach to equality than the proposition embraced in the Mr. w. thought it probable would never be resorted to bill as it now stands. Mr. W. then proceeded to show again. The “ usual general charge" upon the States what States would be the gainers by this amendment, is the tariff'; and this does not operate in proportion to specifying the exact amount for each State. He said population. the proportion of Mississippi would be nearly doubled, Whilst, Mr. W. said, he was no believer in the forty and that of little Delaware, nearly tripled.

bale theory," yet he proceeded to prove that, under the Mr. CLAYTON returned his thanks to the gentleman tariff system, the exporting States bear more than their from Mississippi for his kind intentions towards little proportion of the charges of conducting the GovernDelaware, though she would be very glad to get the ment; it affects them both as consumers and exporters, proportion allotted to her in the shape it came from the whilst those States that export nothing are affected as committee. Should any member in favor of little Dela- consumers only. Mr. W. then pointed to that clause of ware come before them on a future occasion, he would the bill which proposed to distribute the proceeds of the be happy to receive the gentleman's support; but, for sales of the lands in 1840 and 1841, according to the the present, he must beg to decline his proffered kind- last census, wbereas they should, according to the theoness. The bill gave to Delaware her proportion; not ry of the bill, be distributed according to the next cenaccording to the ratio of her representation in the other sus, which will greatly increase the share of Mississippi, House; not according to the number of her Senators and and ought to be done if the present ratio was retained. Representatives in both Houses; but apportioned ber Mr.” NILES made some remarks in favor of the share of the distribution on the basis of her federal popu amendment. He said these lands were ceded as a comlation, which was the only true and just principle of dis- mon fund, to pay the debts of the confederation and tribution. With this Delaware would be satisfied. carry on the war; and if they were considered a fund

Mr. CLAY opposed the amendment, as not in accord. belonging to the States, there was much reason to beance with the provisions of the deed of cession from the lieve they belonged to them as sovereignties; but if they State of Virginia, declaring that the lands given by were the exclusive property of the Union, then there her should be held for the common benefit of all the | was an arbitrary power in the Government over their States then in the Union, and those that might thereaf- distribution. He regarded the whole scheme as an in. ter come into it; and that the distribution should be direct system of internal improvement, and in carrying made in proportion to the burdens borne, respectively, it out a regard ought to be had to the distribution by the several States, of the general expenses of the among the States according to their respective wants Government. The amendment, therefore, of the Sen- and necessities; they ought to give the most to those ator from Mississippi would be unconstitutional; the that needed it most. Some States had just commenced only true principle of distribution, complying with the their internal improvements, and would need more than terms of the deed of cession, was on the basis of federal l. others. The State of New York had finished hers, and population.

would not need any assistance. If there was any prinMr. WALKER replied, disclaiming any disrespectful ciple in this bill, it was in favor of this amendment. The reference to Delaware, and eulogizing her valor and pa- States had formerly stood upon equal footing, and little triotism at the period of the Revolution. He said that if Delaware then stood up as an equal with Virginia. He the distribution proposed by him violated the terms of belonged to one of the small States, and was opposed to cession, so did this bill; for it proposed to give a certain the whole scheme; but if they were to be bought up, additional per centage of the proceeds of these lands to he wanted as high a price as he could get. some States, and not to others. Mr. W. denied that his Mr. CLAYTON referred to the deed of cession from proposition violated the terms of the compact. These the State of Virginia, to show that the principle conTerms (admitting even that they remained in force aftertained in the amendment was unconstitutional. The une acoption of the constitution) did not grant these deed of cession required that the distribution of the fund lands as a common fund to the several States in propor-arising from these lands should be made according to tion to their population, but upon a different ratio, name- the respective proportion contributed by them of the ly, in proportion to “their usual respective proportions general charges and expenditures of the Government. in the general charge and expenditure.” Now, (said Mr. Now, could the gentleman from Mississippi tell him that W.,) the “usual general charge” in carrying on this Mississippi and Delaware paid a proportion of the exGovernment, is not in proportion to population. The penses of the Government equal to the proportion of exporting States, of which Mississippi is one of the their Senators and Representatives in Congress? and if largest, bear a proportion in sustaining this Government, not, how the distribution proposed by his amendment both in war and in peace, far beyond their population. (taking the additional amount given to these two States In war they bear nearly the whole pecuniary burden; from the other States) would be just? Now, the apporfor their great staple falls to a mere nominal price, tionment on the basis of federal population was the only wbilst home manufactures rise in value; and in peace, just one, because it was on that basis that the direct the tariff, from which we derive our revenue, whilst it taxes were apportioned. Mr. C., after taking a view of is thought to aid the manufactures of the North, de. the two messages of the President recommending a dis. presses the value of the Southern staples. In any point tribution of the surplus revenue on the basis of federal of view, the charges upon the people of the Union are population, and reading copious extracts from it, said not in proportion to population. It is true, direct taxes that the distribution on that basis, as recommended by are in proportion to the federal population, and we are the President, was the only just one, and that he heartily told taxation and representation go together; but taxa. I agreed in opinion with him. By apportioning the distribus tion and representation do not go together, in their full I tion according to the representation in the other House,

the

April 26, 1836.]

Texas.

[SENATE.

Delaware would be treated with great injustice, because Mr. PORTER observed, in reply to Mr. WALKER, that she had but one Representative, and wanted but a frac. as the Senator from Mississippi had not given any pledge tion of population, according to the apportionment of to vote either for or against the bill, he was still open to Representatives, to entitle her to two; while a distribu-l conviction, and he hoped he might be induced to go for tion, according to the number both of Senators and Rep- / it. Now, he had made up his mind to vote for the bill, resentatives, would give Delaware three shares, though and, being friendly to it, he dreaded the effect the she was entitled to but two, or nearly two, and would amendment would have in the other House. In the Senbe unjust to the large States.

ate the small States were strong, but in the other House Mr. WALKER said he had not said the additional per the tables would be turned; there will (said Mr. P.) be centage was une qual; he had only said it was not, according forty to one against us. He therefore could not vote to the proposed ratio of federal population, and, there for the amendment, as he believed it would defeat the fore, if this ratio could be departed from in the one case, | bill. it could in the other, as proposed by him, (Mr. W.) | Mr. BLACK observed that he had carefully examined That the distinguished Senator from Kentucky [Mr. the deed of cession from the State of Virginia, and was CLAY] must be hard pressed fur argument when he ral. satisfied, after full reflection, that the amendment of his lied the friends of the bill against a just amendment, by colleague conflicted with its provisions. He was theresuying it had emanated from him, (Mr. W.,) an fore compelled to vote against it. enemy of the bill. Mr. W. said it was true he had feared The question was here taken on Mr. WALKER's the policy of the bill was to defeat pre-emption laws, to amendment, and it was rejected: Yeas 6, nays 37, as keep up the price of the public lands, to keep up the follows: tariff on the lands of the West, whilst it was reduced in Yeas-Messrs. Benton, Ewing of Illinois, Linn, Niles, all other cases; and that he bad deeply lamented the Robinson, Walker-6. failure for the present of this amendment reducing the Nays-Messrs. Black, Brown, Buchanan, Clay, Clayprice for four forty-acre lots in favor of actual settlers ton, Crittenden, Cuthbert, Davis, Goldsborough, only, which would have greatly benefited the poor man Grundy, Hendricks, Hill, Hubbard, Kent, King of Alaand the actual cultivator of the soil. But, he had not bama, King of Georgia, Knight, Leigh, McKean, Mantold the Senate how he should now vote. Since this gum, Moore, Morris, Naudain, Nicholas, Porter, Prenbill was introduced, the old States had, he feared, be- tiss, Preston, Rives, Robbins, Shepley, Southard, Swift, come more and more rigid in regard to the settlers in Tallmadge, Tomlinson, Webster, White, Wright--37. the new States-that they were now opposing pre-emp. The Senate then adjourned. tions as well as a reduction of the price. That as regards the settlers, the speeches of gentlemen in their

TUESDAY, APRIL 26. favor were very good things; but when gentlemen spoke one way for the settlers, and voted another way against

TEXAS. them, their speeches amounted to less than nothing. Mr. MORRIS presented the proceedings of a large That no provision, as regards any ratio of distribution and respectable meeting of the citizens of Cincinnati, was designated by the constitution, and that to disregard on the subject of the struggle for freedom now going the representation of the States in the Senate altogether, on in Texas, and suggesting the expediency of acknowlwas to make an approach towards breaking down the edging the independence of that country. Mr. M. asked State sovereignties and consolidating the Government. that the proceedings might be read, and referred to the

Mr. W. said there were peculiar reasons why the Committee on Foreign Relations. principle of distribution which he proposed now might Mr. KING, of Alabama, suggested to the Senator be very just at this period, and yet not constitute a stand from Ohio, whether it was not going too far, in the ing precedent. Ad the new States (but one) are small present aspect of the affairs of Texas, to refer these States, whose fund would be increased by the principle proceedings to a committee. However strong, he said, he proposed to adopt; and that this would be only re- our feelings might be in favor of these unfortunate men turning to the people of the new States, who paid into who were struggling for the preservation of their dearyour Treasury nearly all this fund, a large ratable pro est rights, as well as for their very existence, and howportion of the moneys paid by themselves. Mr. W. said I ever deep our abhorrence and detestation of the cruel if he had proposed io divide this fund equally among all and tyrannical conduct of their invaders, yet he thought the States, without regard to population, there might be that the acknowledgment of their independence at this some ground to complain; but when his proposed distri- time, or the adoption of any measure looking to it, bution adopted the compound ratio of representation in seemed to be premature. He admitted there was a both Houses, fixed by the constilution, it would come strong feeling on this subject pervading every portion much nearer to a just basis, under existing circumstances, l of this country, and it was natural that it should. The than the last or the next census.

people of this country could not but deeply sympathize Mr. CLAY said that the gentleman from Mississippi, with those who were contending for the dearest rights it was true, offered strong inducements to Delaware to of man, and must necessarily feel a powerful sense of obtain the support of her şenators to his amendment, indignation at the blood-stained atrocities which had and, these failing; he had offered another, by way of marked the desolating progress of their cruel oppressors. compliment to her Senator, and that bad also failed the This was all'very natural; but for the Senate to interfere Senator from Delaware's sense of justice outweighing in the present state of affairs, he thought was prema. all other considerations. The gentleman referred to the ture: and he suggested to the gentleman from Ohio, inequality in the bill which gave the 12 per cent to the whether the best course would not be to lay the pronew States. Now, if the Senator's sense of justice to ceedings on the table. wards the old States was so strong as to induce him to Mr. WALKER said that he hoped the motion to lay inove to strike out this provision, and he could get the these proceedings upon the table would not prevail; gentleman from the other new States to agree with him, that such a course would not be expressive of the sense he (Mr. C.) did not know that he would persist in a de- of the people of the United States; that the sympathies sire to retain it. Mr. C. then went on to show that the of the American people were deeply excited in regard distribution according to the basis of federal population to the situation of Texas; that there were thousands of was the only just one, and urged the Senate not to adopt American citizens invited by Mexico to participate in the amendment, as going to defeat the bill.

| the blessings of a federal Government and of free insti

SENATE.]

Duties on Imports--Land Bill.

[APRIL 26, 1836.

tutions--invited to settle the wilderness and defend the like duties, together; but some kinds of merchandise Mexicans against the then frequent incursions of a say- | were mixed in their character, being made of different age foe, and now attempted to be trodden down be materials, as of cotton and wool, silk and wool, or cotton neath the feet of the most sanguinary despot and usurper and silk, and thus it became difficult sometimes to assign that had ever disgraced the annals of the world; that, such articles to their proper class. in point of fact, Santa Anna and his priests and merce. It had so proved in regard to lead, which, in its unnaries were the rebels, and not the people of Texas; manufactured state, was subject to a heavy duty of three that it was Santa Anna and his party who had prostrated cents a pound, while in some of its manufactured states the federal Government of Mexico, and were now at it was only liable to fifteen per cent. It was, therefore, tempting to establish upon its ruins a central military / immediately introduced in the form of busts, and then despotism; that the people of Texas had fought for the applied to any purposes for which lead was needed, federal constitution of 1824, and adhered to it until all being substantially, for all purposes, considered as unhope of its preservation had been extinguished; and that manufactured. Yet the courts held that it was manikthen, and then only, when the only alternative presented factured lead in this form of busts, and subject to a duty was to receive the chains of a usurper, or resist unto only of fifteen per cent. It became necessary to pass death, they had nobly unfurled the flag of independence, an explanatory act, to carry into effect the real purpose resolved to maintain their liberties or perish in the con of the law, by giving suitable protection to the produflict. Nobly, gloriously, had they maintained the une cers of lead, and busts are now on the footing of unmanqual contest; they would perform deeds of valor that ufactured lead. would challenge a comparison with any thing in Greek The hill now introduced is to meet a like unexpected or Roman history. Such men could not be vanquished. construction of the law. The second section of the law, No! the sun was not more certain to set in the western after providing specific duties for carpets, baizes, &c., horizon, than that Texas would maintain her independ says, “and upon merino shawls made of wool, all other ence, and that we would acknowledge it. The death | manufactures of wool, or of which wool is a component of the murdered heroes at the Alamo, of prisoners of part, and on ready-made clothing, fifty per cent.· war massacred in cold blood by the orders of a ruthless Worsted goods were imported into New York, and not · tyrant, would call down upon him the vengeance of being otherwise provided for in the act, the collector earth and Heaven. It had excited a thrill of horror decided that they were manufactures of wool, and fell throughout this Union, and was now bringing the evi- | under the above provisions. The importer thought dences of public feeling before this body. Let us now, 1 otherwise. He admitted that worsted is made of wool, then, give to these proceedings in favor of Texas that but denied that a cloth made of worsted was a manufacrespectful reference to which they are so justly entitled, ture of wool. He paid the duty, reserving to himself and which, whilst it does not now violate the neutrality the right to sue for the excess, and recover it back. of this Government, will cheer onward, in the hour of The suit was instituted, and has lately been decided in gloom and danger, a people who are imitating the exam- | the Supreme Court of the United States; and although ple of the patriots of our own Revolution, and whose we all here, when the law was made, believed what was destiny will be the same.

made of wool was a manufacture of wool, yet the court • Mr. MORRIS was well assured that this was a ques. I decided that worsted cloth was not a manufacture of

tion of great delicacy, and tbat they should proceed with | wool, and therefore that worsted shawls were not emmuch caution. He agreed with his friend from Missis braced in the provision referred to. Having thus deci. sippi that the public mind was much excited on the sub ded, it became necessary to determine what duty such ject, and that the sympathies of our people were deeply goods must pay. No specific provision for them could · roused in favor of the suffering Texians. As a citizen, be found, and the question was admitted to be full of · individually, he accorded fully with the feelings express. difficulty; they were, however, assigned a place among

ed in the proceedings of this meeting, but as an Ameri certain silk goods. The object of this bill is only to

can Senator he felt that he ought to act with some cau restore the legitimate purpose and meaning of the act of • tion. He believed that the people of Cincinnati spoke 1832; otherwise injustice will doubtless be done to both

I voice of the whole State, and that their meet. | wool grower and manufacturer, as goods will be contriing would be followed by other meetings, not only in ) ved for various purposes, and be extensively introduced Ohio, but in every part of the Union. He was willing under this construction of the law. Having thus exto lay the proceedings on the lable for the present, as plained his object, he would move that the bill be refersuggested by the Senator from Alabama, and the more red to the Committee on Manufactures, and hoped for so, as he had been informed that similar memorials would their speedy action upon it. be presented from other parts of the United States, The bill was then read a second time, and referred to · when the Senate, having the sentiments of the country the Committee on Manufactures. more generally expressed, might think proper to call up the proceedings, and act on them.

LAND BILL. The proceedings were then laid on the table.

The Senate proceeded to consider the bill to appro. DUTIES ON IMPORTS.

priate, for a limited term, the proceeds of the public

lands, &c. Mr. DAVIS, pursuant to leave, introduced a bill to Mr. CLAY rose to address the Senate in support of amend the act entitled “An act to amend the several the bill. He observed that more had been already acts imposing duties on imports;" which was read a first | urged, with great ability, in its support, by those who time.

bad preceded him in debate, than was necessary to conMr. D. moved the second reading of the bill, and said ) vince even the most skeptical of the great benefits to be it required a word of explanation. It would be remem- derived from it; and bad he consulted the feelings both bered by all that the tariff of imports underwent an en-of that body and of himself, he should have remained tire revision in 1832. It would be seen that, in passing silent, acquiescing in what had been said in behalf of such a law, it was not convenient to enumerate all arti this measure. But regarding it as one of great and uncles of merchandise, as it would render an act too volu mixed public good, conducive in all its results to the minous. Articles of merchandise were, therefore, as benefit of this whole country, he could not reconcile it far as they conveniently could be, classed. In doing to a sense of duty to leave the burden of the argument this, it brought goods of like character, and subject to I on his friends, able as they had shown themselves to be.

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