1669 JUNE 2, 1836.] Louisville and Portland Canal. with the people of the Northwestern Territory, and which is adopted by the constitution, declares that the Mississippi river, and the navigable waters flowing therein, shall be common highways, open to all the citizens of the United States. This single provision takes those rivers out of the care and charge of the several States, and makes them national rivers, and, as such, they ought to be kept open and maintained in a condition of usefulness at the national expense. Again, it it objected that we cannot purchase this canal, though we might clear out, if practicable, the obstructions in the channel of the river. The construction of the Louisville canal, being the work of individuals, has nothing to do with the relative rights and duties of the United States and the people of the West. Whatever we would have had a right to claim if that canal had never been constructed, we may claim now, with the same reason. The navigation of the river is still obstructed; if not by the falls, by a heavy toll to avoid the falls. Suppose, then, no canal had ever been made, and that the obstruction in the navigation of the river was as nature formed it: would not the United States have the right, and would it not be their duty, to remove it, if practicable, at an expense not exceeding the value of the object to be attained? But suppose it were necessary to go upon the shore and cut a canal to avoid the falls, thus leaving the channel of the river a little: I think no one can be so straitlaced as to deny our right to do this, with the assent of the State on whose If this be admitted, we might conterritory we enter. tract with individuals, Kentucky assenting, to construct just such a canal as that at Louisville, at precisely the price which we propose to pay for that; and if we may, why not buy the one already constructed? It seems to me there is nothing in the objection, and I hope the amendment which we lost the other day in committee will be restored, and that the bill will pass. It is of great importance to the western commerce. Mr. PORTER made a few observations in favor of the bill. [SENATE. canal; one that would have many advantages over that er. tary of the Treasury would be able to purchase it at that Mr. H. said that he was happy to discover that the obligation on the part of the Federal Government to improve the navigation of the falls of the Ohio was admitted by the Senate; and he should feel that, if the terms proposed by the amendment, of 12 per cent. above par, should be offered to the stockholders in the passage of this bill, and be refused by them, the people of the West would then have a guarantee that Congress would immediately provide for constructing a canal on the other side of the river. The interest (said Mr. H.) demanding this at our hands is too great to be neglected any longer. Mr. HENDRICKS said he had some amendments to offer to this bill, the object of which was to remove objections which had been developed during the discussion the other day. He had but little to say in addition to what he had then said, and he could not believe that the Senate, fairly and fully understanding this bill, would hesitate to pass it. He had said on a former occasion, that it was the duty of the Government to deal liberally as well as justly with the stockholders, and he had voted to offer them 123 per cent. above par for their stock. The committee had proposed par only, and he, as the organ of the committee, had presented that proposition in the bill. Subsequent information, however, had induced him to believe that the stock could not be had at It was known par, but could be had at 123 above par. that the stock had even been higher, had sold in one instance at 17 above, and it had recently been quoted in He had, on the Philadelphia papers at 16 above par. that occasion, given it as his opinion that the stock was not intrinsically worth as much as the market price would indicate. He still thought that opinion correct, and that there were reasons for that opinion which were strong and convincing. The demands of the people west of the mountains, and of their commerce, almost incalculable in extent, that they should be released from tribute at the falls of the Ohio, were reasonable and just. That commerce must forever remain at war with the company monopoly there, and this conflict (said Mr. H.)tions to these objects in the interior. is too unequal to be long continued. Another reason why the stock is not really so valuable as the market price would indicate is, that a canal can readily be made on the other side of the river; one much more valuable than the Louisville and Portland The He had said the other day, when addressing the Senate on this subject, that every Congressional district in the valley of the Mississippi was interested in this bill, and this interest (said Mr. H.) is becoming more obvious and tangible, and more deeply felt every year. people of the West will require us to do our duty in this matter. They cannot understand how it comes to pass that millions, almost without number, are expending every where on the seaboard, for the aid and protection of commerce and navigation, while the single application for the improvement of commerce and navigation The western people gets the go-by every session. see and feel on this subject, and there is a settled Western memspirit of discontent in relation to it. bers cannot justify themselves to their constituents in voting these large appropriations for the navy, for fortifications, breakwaters, harbors, piers, and seawalls, every where on the seaboard, while they remain unsuccessful in procuring the smallest appropriaHow recently have we voted with Senators from the old States millions to these objects, and there are estimates of the present session looking to the expenditure of eighty or one hundred millions in a few years to come, on the seaboard, upon these objects; and yet this bill, the only one for the aid of western navigation, asking for a fraction of one million, seems struggling for existence. This is a measure of more importance to western commerce and navigation than any now before the Senate. It is indeed almost the only one before this body, and it is one of deep interest to the entire West, to a portion of country three or four times as large as all the Atlantic States, and furnishing a much larger supply of all the necessaries, and some of the luxuries of life, than all the residue of the Union. The commerce and navigation of the seaboard needs less than formerly the aid and protection of the Government, but it gets more of that aid and protection than ever before. The commerce and navigation of the Western country needs more than formerly the aid and protection of the Federal Government; but at this great point, the falls of the Ohio, and almost every where else, it meets with the same total neglect which it did when the country west of the mountains had scarcely 50,000 inhabitants; indeed, greater neglect, for then that country received the military protection of the Government. Now, not needing so much that protection, it seems to be abandoned to its own energies. I have said (continued Mr. H.) that the old States and the seaboard, needing less than formerly the aid of the Government, received more of that aid. And what are the facts on which this assertion is based? We commenced the war of the Revolution with about 3,000,000 inhabitants, without fortifications, without a navy, without ordnance and munitions of war, and we triumphed in that glorious struggle; and now that we have 15,000,000 people, already a powerful navy, and well supplied with all the material of war, in a time of profound peace, when war with any of the civilized nations of the earth is to all appearance at an immeasurable distance from us, it is proposed to expend in the military and naval defences of the country $80,000,000. At the commencement of the Revolution, the Western country could scarcely be said to be settled at all. The print of the white man's foot could be found at a few points only west of the mountains. That country need. ed not commercial facilities-for it had no commerceand, with the exception of a few flat-boats, freighted with the hardy pioneers of the West, it had no navigation. The falls of the Ohio, at this time the most important point in the river business between Pittsburg and New Orleans, was then the ultimate point of destination for the most adventurous. Then no appropria tions for western commerce and navigation were asked for or granted. Now, with a population of near six millions, and an agricultural production far greater than all the balance of the Union, no appropriation has hitherto been procured at this point, because, in the opinion of some, the constitution stands in the way, and the necessity and importance of the measure seem to have been overlooked by all. He hoped that this state of things would no longer exist. It had been objected, when this bill was under discussion a few days ago, that it did not specify its own object; that it contained no expression declaratory of its purpose to make the canal ultimately free. One of the amendments which he had prepared, and which he meant first to offer to the Senate, did contain this declaration, and would relieve the bill from all objections of those who feared a different object. This amendment proposed to do away, instead of perpetuate, the objectionable stock-connexion between the Government and a company. Another amendment which, in due time, he would propose, was to strike out the third section of the bill, which authorized the Secretary of the Treasury to vote upon the shares purchased. This section was, perhaps, unnecessary, as the Secretary had, by existing laws, all necessary power on that subject; and it was [JUNE 2, 1836. unnecessary to determine what we would do with this stock until we got it. This we could not know any thing about during the present session; and at the next session it would be time enough to determine what we should do with the canal. These amendments, should they be adopted, would leave the bill entirely free from all constitutional objections which had yet been started, and would give the bill, judging from the kind feelings which seemed to exist towards it, a large vote of the Senate. Mr. H. then moved to amend the first section of the bill by inserting these words: "For the purpose of improving the navigation of the Ohio river at the falls, and of rendering the same, as near as may be, free from ali tolls." Mr. NILES made some remarks in opposition to the amendment, on the ground that he was opposed to the Government becoming joint stockholders in private stock companies, and acting under the authority of a charter derived from a State. He was in favor of the improvement of the river, but he had strong objections to the mode in which it was proposed to be done. He sug gested that it would be better to obtain first from the State of Kentucky a cession of the territory on which the canal was constructed, and the United States, by this means, having entire jurisdiction over the canal, the constitutional objections to the purchase would not apply. Mr. WALKER explained that he could now vote for the bill in its present shape, after having voted against it some days ago. Two propositions were now embodied in it; one was to cut loose the United States from this joint stock company, and the other to render the canal toll free. With these modifications, he was prepared to vote for the bill, as it contemplated great public benefits, and the constitutional objections were removed. The amendment was then agreed to. Mr. HENDRICKS then moved another amendment, restricting the amount to be paid for the stock to "twelve and a half per cent. above par." Mr. H., in reply to Mr. NILES, observed that the constitutional objections to the bill were now, by the amendment just adopted, removed. The canal would be made nearly toll free, with the exception only of the necessary expenses; and by the purchase of the whole, or the greater part of the stock, the Government would not be a partner in a joint stock company. Mr. NAUDAIN then proposed a modification of the second amendment, in order, as he said, to do full justice to the holders of this stock. The stock was sold at least a year ago, for seventeen per cent. advance, and it was not reasonable to suppose that it could be purchased for less now. He therefore moved to amend the amendment, by fixing the maximum to be paid for the stock at eighteen per cent. advance, instead of twelve and a half. Mr. EWING advocated at some length the purchase of the stock at a fair, reasonable, and practicable price, which, in his opinion, was above the par value. Mr. PORTER, in the course of his remarks, stated that forty-one steamboats had passed through the canal in a single week. Mr. DAVIS spoke in high terms of the praiseworthy enterprise, industry, and perseverance of this canal company; of the many obstacles which they had surmounted; the discouragements which they had set at naught, and the risks which they had run during the progress of this work. He thought that it would hardly comport with the honor and dignity of this Government to do less than indemnify the company for the sacrifices which they had made, if not for the great benefits which would ultimately be derived from the canal: neither would that Government consult a wise and upright policy by following the course pointed out in the report 1673 JUNE 2, 1836.] Louisville and Portland Canal. of the committee, and by threats, and the exercise of an overwhelming power, affect injuriously the interests of this corporation. They had supposed themselves accused of a species of robbery; and yet, up to this time, they had not realized more than four per cent. upon the money which they had expended, though without the arbitrary and ungenerous interference of the General Government, in the manner threatened by the committee, the stock in the canal must become exceedingly valuable. Mr. CLAY also advocated a high, just, and generous policy on the part of the United States; and Mr. BENTON was anxious that some measures should be adopted to restrain the company from the further exercise of their alleged extortions. T. Mr. B. then submitted the following, which he said he intended to offer as an amendment, as soon as the question on the pending amendment was disposed of: Sec. And be it further enacted, That so soon as the Secretary of the Treasury shall have completed the purchase of the stock in said canal, the same shall be offered to the State of Kentucky, upon condition that the said State will never impose higher tolls upon the said canal than shall be necessary to defray the expenses of superintending and keeping it in good order; and the President of the United States is hereby authorized to cause the said stock to be transferred to the State of Kentucky, whenever he shall be satisfactorily informed that the Legislature of that State has agreed by law to accept it on the conditions above mentioned. 4 Mr. CRITTENDEN thought that the market price of the stock would be advanced by fixing the maximum; and that if it were so fixed, fifteen per cent. would He was satisbe a fairer price than eighteen per cent. fied that fifteen per cent. was a fair price, and said that if they fixed the maximum at eighteen per cent. they would have to pay that sum. M. EWING, of Ohio, thought that the 124 per cent. proposed by the amendment, would not be giving the stockholders more than the amount of their investments. With respect to the amendment suggested by the Senator from Tennessee, and submitted by the Senator from Missouri, he hoped that it would not be passed at this time. He was for divesting the United States of all interest in this stock, as soon as it could be done without the difficulties that he apprehended at the present time. He hoped that it would be postponed till the next winter, when he thought that the proposition of the Senator from Missouri, with proper guards, would meet with the concurrence of all. The question being taken on Mr. NAUDAIN's amendment to the amendment, it was rejected. Mr. CRITTENDEN then moved to amend the amendment, by striking out twelve, and a half, and inserting sixteen; which was agreed to. The amendment as amended was then agreed to. On motion of Mr. HENDRICKS, the third section of the bill was stricken out. [This contains a provision authorizing the Secretary of the Treasury to vote on the stock of the United States.] Mr. CRITTENDEN moved to strike out the second section, providing that the Secretary of the Treasury should sell out the stock of the United States, should the private stockholders refuse to sell for the price offered. Mr. HENDRICKS opposed this amendment; after which it was adopted: Ayes 15, noes 11. Mr. BENTON then offered the amendment suggested by him. Mr. WALKER hoped his friend from Missouri would not press his amendment. If pressed, this amendment would be adopted or not adopted, and in either case it would present those who voted for the bill, in the attitude of having voted for it after a measure of which they [SENATE. approved had been rejected. He was decidedly in favor Mr. HENDRICKS said that he heartily concurred in now. Mr. BENTON observed that some good effect had already been produced by offering his amendment; for several gentlemen had declared themselves in favor of it. He hoped to see the time when the United HayStates would own no stock in a private company. ing accomplished part of his object-in turning public attention to his amendment, he would yield to the wishes of his friend and withdraw it for the present. SENATE.] Incendiary Publications—General Ripley. Mr. HENDRICKS moved to amend the bill by adding the following words: "and that a sum sufficient to carry into effect the provisions of this act be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated." This amendment being agreed to, the bill was reported to the Senate as amended, and the amendments being concurred in, it was ordered to be engrossed for a third reading. INCENDIARY PUBLICATIONS. On motion of Mr. CALHOUN, the Senate took up the bill to prohibit the circulation, through the mails, of incendiary publications. Mr. GRUNDY moved to amend the bill by striking out all after the enacting clause, and inserting a substitute. Mr. CALHOUN moved to amend the amendment by providing that where incendiary publications are sent to the States where such publications are prohibited by law, they shall be delivered to such persons as may be appointed to receive them, and when there are no such persons appointed to receive them, they shall be burnt; or otherwise disposed of, under the regulations of the Post Office Department. On taking the question, this amendment was lost: Yeas 15, nays 15, as follows: YEAS-Messrs. Black, Brown, Calhoun, Clay, Cuthbert, Goldsborough, Grundy, Kent, King of Alabama, King of Georgia, Moore, Nicholas, Rives, Walker, White--15. NAYS-Messrs. Benton, Buchanan, Davis, Hendricks, Hubbard, Morris, Prentiss, Robinson, Shepley, Southard, Swift, Tallmadge, Tomlinson, Webster, Wright-15. After some remarks from Messrs. MORRIS, CALHOUN, KING of Georgia, and GRUNDY, the question was taken on Mr.. GRUNDY'S substitute; and it was agreed to without a division. The bill was then reported to the Senate; and on the question of concurring with the amendment made in committee, Mr. CALHOUN renewed his motion to FRIDAY, JUNE 3. [JUNE 3, 1836. GENERAL LAND OFFICE. A bill to reorganize the General Land Office was taken up for consideration. Mr. EWING, of Ohio, stated that the provisions of this bill looked to an entirely new organization of the It proposed the appointment of General Land Office. a large number of additional officers; every one of whom he was confident, from what he had seen and heard, was absolutely necessary to discharge the duties of this Department. An immense mass of business had accumulated upon the hands of its officers, which it would take years of industry and perseverance to bring up to the present time. The reason of this was evident. When the office was first established, the amount of business done was but trifling; it now amounted to ten or fifteen millions annually. At that time, too, the sales embraced only large tracts of land, from a half to a quarter section; now the case was different. Various laws, also, particularly the pre-emption laws, had served General Land Office. to swell and increase the business transactions of the From these considerations, the committee had came to the conclusion that all the force in clerks, &c. proposed to be added, was imperatively necessary. Any member of the Senate who would look into this office, and see the immense amount of labor to be done, would be perfectly satisfied that this conclusion was a just one. The blanks for the salaries of the officers were filled as follows: Commissioner of the General Land Office, Recorder, Principal clerk of surveys, Four clerks, each amend the amendment that had been rejected in com-Two principal draughtsmen, each YEAS-Messrs. Black, Brown, Calhoun, Clay, Cuthbert, Goldsborough,, Grundy, King of Alabama, King of Georgia, Moore, Nicholas, Preston, Rives, Walker, White-15. NAYS-Messrs. Buchanan, Davis, Ewing of Ohio, Hen. dricks, Hubbard, Morris, Niles, Prentiss, Robinson, Shepley, Swift, Tomlinson, Wall, Webster, Wright-15. The amendment of the committee was then concurred in, and the question on ordering the bill to be engrossed for a third reading was carried: Yeas 18, nays 18, as follows; the Chair voting in the affirmative: YEAS-Messrs. Black, Brown, Buchanan, Calhoun, Cuthbert, Goldsborough, Grundy, King of Alabama, King of Georgia, Moore, Nicholas, Preston, Rives, Robinson, Tallmadge, Walker, White Wright-18. One assistant draughtsman, $4,000 2,000 2,000 2,000 1,600 1,500 1,400 1,200 1,100 1,000 1,750 1,200 700 350 450 do. The bill was reported with the amendments, and ordered to be engrossed. GENERAL RIPLEY. Mr. HUBBARD asked and obtained leave to introduce a bill to audit and settle the accounts of General Ripley. On introducing the bill, Mr. HUBBARD addressed the Chair as follows: Mr. President: A few mornings past I gave notice that I should ask leave to introduce a bill, giving authority to the Secretary of War to audit and settle the accounts of Eleazer W. Ripley with the Government, and to allow him a pension for a severe wound which he received during the last war while in the way of his Nays-Messrs. Benton, Clay, Davis, Ewing of Illinois, DISTRICT BANKS. Mr. KENT moved to take up the bill to extend the charters of certain banks in the District of Columbia. The question being on the third reading, Mr. BENTON opposed this motion, and moved to lay the bill on the table; which was negatived. Mr. BENTON moved to postpone the bill, and make it the order for Saturday. Negatived. Mr. BENTON asked the reading of the report; when, my seat I shall ask leave to present it to the consideration of the Senate. But before I present it, I must be permitted to make a few remarks with reference to the extraordinary services of General Ripley as a military officer, and with reference to the severe, unjust, and unmerited treatment he has received at the hands of his Government while engaged in the employ of his country. And I will here state, that my movement in relation to this matter is wholly unknown to Gen. Ripley. I have not, up to this time, exchanged a word with him upon this subject. Whatever I shall say, or whatever I may do, will be induced by the respect which I enter tain for the high character and honorable services of this distinguished individual. I know well his history. The success, the fame, the prosperity of this early friend could not be a matter of indifference to me. I have, in common with his other New England acquaintances, felt a deep mortification at events which seemed, for a time, to attach to his character a degree of ignominy; but recent developments have wiped away every shade from his moral reputation; and with great individual pleasure and satisfaction do I avail myself of this opportunity to bring foward a measure, the object of which is to render but an act of sheer justice to a highly honorable, but much abused and injured fellow-citizen. The bill which I have prepared, Mr. President, contains two very distinct provisions. The first is, that the accounts subsisting between General Ripley and his Government shall be audited and settled by the Secretary of War. The second is, that General Ripley shall be placed on the list of invalid pensioners, for the wound received while in public service, and that his pension shall commence at the time the disability was incurred. I have made myself believe, notwithstanding the known usage and the practice of the Department, that every consideration of right and of justice calls upon us to carry into full effect the last provision of the bill. That we have not only precedent upon precedent giving authority for the proceeding, but the case of General Ripley itself is so entirely distinguishable from other cases, that I cannot doubt that, when all the facts shall be known, the Senate will unhesitatingly adopt that provision. With reference to the first provision of the bill, my object has been merely to give authority to the Secretary of War to settle and finally adjust the accounts between General Ripley and the United States. It was a fact well known, that these accounts embraced receipts and disbursements of the public money to a great amount during the last war, and while he was also performing the high and honorable duty of a field officer in the army. No man was more unwilling, more averse, to perform the additional duties of a disbursing agent than General Ripley. He was not calculated for the office. That particular service illy comported with his habits He was uneducated in the school of an accountant; but it was the call of his Government; it was the order of his country, and he promptly obeyed that call; be unhesitatingly submitted to that order; he never shrunk from any duty; he never avoided any responsibility. He did undertake to disburse the hundreds of thousands which were committed to his charge; and at this late day, it is matter of joy to his friends that it has finally been twice found by a jury of his country, that every dollar of the public money received by him, has been faithfully and honestly applied, and that there exists an indebtedness on the part of the Government to him in a large amount. I shall find it necessary before I close my remarks, to advert to this history again. I shall find it necessary so to do in order to show the propriety of carrying into effect the second provision of the bill which I have prepared, viz: to grant him a pension for disability, and to have that pension commence at the date of that disability. [SENATE. for 'revolutionary services; it in fact referred to the pensioners under the act of March, 1818. It was not designed to have, nor in truth could it have, any application to invalid pensioners under the act of the 11th of January, 1812. The claim of the latter class rests upon a totally different principle--a principle which has been recognised from the foundation of our own Government --a principle which has been recognised by every civilized Government in christendom--a principle not only connected with the justice, but having an intimate relation to the honor, of the country; that principle is loss of physical power while in public service; that principle is personal disability; a deprivation of the means of gaining a livelihood occasioned by wounds received in the performance of military duty; and whenever it so happens that any one who is thus engaged shall be deprived of limb, or in any way be disabled, a sense of common humanity, as well as of common justice, would prompt the Government at once to make up for that disability; if not to heal, to pour balm into the wounds of the faithful soldier, by giving him a pension-a reward commensurate with the degree of his disability. The act of the 11th of January, 1812, provides "that if any officer, non-commissioned officer, musician, or private, shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pension, and under such regulations, as are or may be directed by law: Provided, always, That the compensation to be allowed for such wounds or disa bilities to a commissioned officer, shall not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant colonel." It does seem to me that the language of this act is too plain, too precise, to admit of cavil or doubt, and its injunctions are of the most imperative and positive character. It declares that whoever shall be disabled while in the line of his duty in public service, shall be placed on the list of invalids of the United States, at such rate of pension as may be directed by law. It will not be denied that General Ripley continued in the service long after the battle at the sortie from Fort Erie, adding, year after year, to his fame as a military officer; but in that battle he was severely and dangerously wounded, and by that wound he was disabled. His right, then, to an immediate pension, must depend upon the meaning of the word " 'disabled," as used in the act. The late Attorney General (Mr. Taney) has given a clear and sensible exposition upon this point, not with reference to this particular case, but one not unlike it. "Does the word disabled," he remarks, "mean that the officer must be disabled from the duties of his station before he can receive a pension? or does it mean any degree of personal debility which renders him less able to provide for his subsistence? The latter interpretation of the word disabled is most consonant with the spirit and objects of the law, and, indeed, it is the only one consistent with that provision of the statute which directs that the pension shall be graduated, so that the compensation to be allowed to a commissioned There is a rule of practice prevailing in the Depart- officer shall not exceed half of the monthly pay of such ment with reference to the time when pensions shall commence, and that is when the evidence upon an application shall be closed. It will be found, upon an examination, that this practice originated under the act of May, 1820, which provides "that the right any person now has, or may hereafter acquire, to receive a pension, in virtue of any law of the United States, shall be considered to commence at the time of completing his tes timony." That act referred exclusively to those annuitants who were, or should be, in the receipt of pensions officer at the time of his being disabled or wounded." The act provides that the officer disabled shall be placed on the list of invalids at such rate of pension, and under such regulations, as may be directed by law. And it being a provision of the law that the pension shall be graduated according to the nature and degree of his disability, all that was necessary to the grant of an immediate pension to General Ripley was to ascertain the degree of his disability, in order to fix the rate of his pension. This is also a regulation of law. In this par |