Imagens das páginas


Public Lands.

(JANÇARY 7, 1833.

Had Pennsylvania any control over the mint or the arse- 174 per cent to the new States, before you divide the nal, over any part of her territory which she bad ceded proceeds, it would be a proportion quite as great as the to the United States, over the public ships, or over pub- increase of their population, if it were not augmented by lic property of any description within her limits? Had emigration. Or, if there was no tide of emigration to the any State any control over the property of the United new States, and migrations from them similar to those States? The difference, every where, was merely one which take place in other States, the amount which the of extent of national property, and this difference ex: people of the new States would expens in the purchase isted among the new States, as well as between them and of the public lands would not probably be equal to more the old. Ohio had only five millions of acres, for ex- than the 174 per cent. If, therefore, you give them 173 ample, of public lands within her limits; while Missouri per cent. before you give any thing to the other States, had thirty-eight millions. According to the doctrine of all complaints on the score of the drain of money on pubthe gentleman, they ought to have the right of control lic account must be put an end to. over this property, in orde: to place them on an equality, But this is not all. You not only give this 17 per cent., The inequality of Ohio and Missouri, as to the extent of but after assigning this particular amount to their exclulands, was as five to thirty-eight; while, as to popu- sive benefit, you then divide the residue of the proceeds lation, the inequality stood as one million to one hundred among the whole of the twenty-four States, including and fifty thousand, for Ohio, and against Missouri; the those which have already received the 171 per cent. smaller number having, under this principle, the control This additional dividend is about 16 or 17 per cent. more. over the greater extent of the public domain. That Thus there would be a total amount payable to the new which belongs to the General Government is not subject States equal to near one-third of the entire aggregate deto State legislation. There were some States in which rived from all the public lands of the United States, the United States held no property. In Kentucky there wherever situated. About one-sixth of the population of was no United States' property; while in the maritime the United States, which the new States contain, would States there is much of this property, which is beyond receive near one-third of the whole amount of the prothe control of the States. The gentleman from Illinois, cecds of the public lands. Now, if this was done, would therefore, could derive no strength to his argument from not the condition of these new States be greatly bettered? his ground as to the extent of the public domain. It If the bill should pass, and the new States should thus should be recollected that the time was coming, as it had acquire the amount to which they would be entitled acalmost already come in the State of Ohio, when the pub-cording to its provisions, they would not merely obtain lic domain will be disposed of, and then there will be a the 173 per cent., and, by a participation in the residue of perfect equality, as indeed there is now, between the the fund, some indemnity for pecuniary contributions States, in their rights and powers over whatever may be made by them to the General Government, but they in their respective limits.

would still enjoy their present proportion of the expendiThe gentleman from Illinois had asked, but without tures of the General Government within their limits. dwelling much upon the point, where was the power to There would still be large expenditures in the event of make this division? He (Mr. C.) would refer him to an war, as was the case during the last year; and there would authority which, he believed, the honorable Senator still be the annual disbursements to Ind an agents, and on would be the last member on that floor to controvert or Indian annuities, &c. All these would continue. depreciate--the authority of the President. He would The gentleman from Illinois spoke of the new States also refer him to the deeds of cession; to the acts of Con- as if he expressed the sentiments of all of them, and as if gress; to the understanding of all men; but especially be their wants and wishes were only known to bim, and his would refer him to his own amendment, and the report construction of them was the only one deserving of reof the Committee on the Public Lands. What! had they spect. Now, at the last session, when this will was passa right to give away the public lands by a partial and un-ed, the Senators from the seven new States were equally just distribution, and none to establish a broad and com- divided on this subject. There were, if he mistook no, prehensive scale of appropriation, doing justice to all por- two from Ohio, two from Indiana, two from Louisiana, tions of the United States? But he would not dwell on making six, and one from Mississippi, making exactly this part of the subject, which had been fully discussed half of the representation in that body of the seven new during the last session.

States. Regarding the subject in the light in which lie He would now beg leave to call the attention of Sena-did, that there would be, if things remained as they now tors to what was the present condition of the new States, are, no reflux of the money of the West drawn from it what would be the effect of the operation of this bill upon by the Federal Government, and that large and libera! them, and what would be the subsequent advantages grants of money were made to the new States by the prowhich they would derive from its passage.

visions of this bill, it ouglit to be satisfactory to the most What was the complaint of the new States at present? ambitious Western heart. The Senate would recollect It was that a vast amount of their money was drawn from that, according to a table presented at the last session, the their limits, to be expended in other portions of the new States had increased at the rate of 85 per cent. Union, to their impoverishment and ruin. Continue the during the ten years from 1820 to 1830, and that the present system, and the evil is perpetuated. The money State of Illinois, during the same period, had increasof the West will still flow into the Eastern States, and stilled at the rate of 185 per cent.; while many of the old be expended there. But what would be the condition States had increased only at the rate of 25 per cent. The of the new States, if the bill which had been stricken out average increase of 13, having no public laids, was only by the committee were to pass? They would, in the first about 174 percent,; while some had scarcely any increase place, receive 174 per cent. of the amount of the pro- at all. The settlement of the new States is already sufficeeds of the sales of the lands, This 17per cent. was ciently rapid, and any fresh impetus given to it would probably equal to the amount annually paid by the resi- only be productive of mischief. dent population of the new States themselves, exclusive A struggle always takes place at first among the new of what is paid by emigrants going into the new States. settlers as to preponderance, and this struggle is in proHe derived this inference from a letter which was laid portion to numbers, and the variety of the places of their before the Senate at the last session, from which it ap- origin. It requires some time before the new settlers peared that the thirteen States of the Union, in which can become acquainted with each other, the laws, cus. ihere are no public lands, had increased only 174 per toms, and habits, religious and political, of the respective cent. within the ten years from 1820 to 1830. if you give States and countries from which they emigrated. It some

JANUARY 7, 1833.]
Public Lands.

(SENATE. times happens that the most opprobrious epithets are in common Union. Having already shown that the fund tercbanged, until they become well acquainted with each itself was derived from the common blood and common other, perceive the good which each bring to the gene treasure of the country, he would ask if it ought not ral stock, and, becoming reconciled to their condition, still to be held for the common benefit? The country proceed harmoniously in advancing their new settlements enjoys, he was willing to admit, unexampled prosperity. in the wilderness. If emigration were more rapid, there But did we hope that we should exist' as a nation for would be still more of this spirit of discord; and all must centuries to come! 'Did we hope that our Union would agree that an increase in the ratio of 85 per cent. ought to last as long as the republics of antiquity, if not much be sufficient to satisfy the wishes and ambition of any man. longer? And are we, on the strength of such expectaAll that is wanted is money, assistance, aid from some tions, to make a wasteful disposition of the rich patrimoquarter or other, in making roads, providing for educa- ny which has been bequeathed to us? Are we always to tion, promoting the general improvements, and turning be free from wars, and troubles, and difficulties? What to advantage all those blessings which abound in those nation had always been exempt from them? Look at EuStates, and which are designed for the prosperity of so- rope, from which we sprang. It liad enjoyed, he belieyciety. He must repeat, that a comparison of the condi- ed, at this time, one of the longest intervals of peace tion of those States, under the operation of this bill, and which had been experienced for several centuries. It without its advantages, ought to enlist in favor of the was only seventeen years and a half since the battle of bill every mind which was not prejudiced by other objects, Waterloo was fought, which terminated the wars of the and which was not looking too intently at the possibility French revolution, and we now see the whole of Euof grasping, in some form or other, all the public domain. rope apparently on the eve of a general war. And do we

It must be clear to every unbiassed and impartial mind, expect to be forever at peace never to want money that it was better to accede to the arrangements of this again? never to be in debt but to be free from all embill, than to remain in their present condition, with the barrassments and debts hereafter? No thinking man mere possibility of getting something more at a future could indulge these chimerical ideas, these vain specuday. If the views of gentlemen who supported the lations. What, then, was it our duty to do? Now was the amendment could even be admitted, was it likely that time, above all others, when we should nurse and take future barmony would be the result? Other new States care of our resources. What nation of antiquity, what would spring up beyond the Mississippi; and as they suc- nation of modern times, has ever possessed such vast recessively arose, following the example of the new States sources as the immense public domain, the capacious of this period, would lay claim to all the public lands womb of unborn republics? He had had occasion to within their limits.

remark, either in his observations last session, or in the This consideration should induce the new States to feel report of the Committee on Manufactures, that five hunan interest in the passing of this bill. Those new States dred years hence, if we discharged our duty, and took beyond the Mississippi never would, never ought, never care of this important interest, they who will come after could, agree to an exclusive appropriation of these lands. us inay be legislating in this very Hall, which he hoped They constitute a common fund, purchased by the com- would then be standing, as it would stand, upon this great mon blood and treasure, and are the common property and absorbing subject of the public domain. He recolof all. It was the duty of Congress so,to regard it. It re- lected, during the late war, when the distress of the sulted from the treaties of acquisition, and was declared country was at its height, when we wanted money, by the deeds of cession to be for the common benefit of wanted credit, when our arms were paralyzed for want all; and he would venture to say that the day will never of the necessary means for sustaining the war-he recome when Congress, for the sake of partial benefits to a collected how it then gladdened every patriotic heart, comparatively small and inconsiderable portion of the when the exhaustless nature of this immense national people, will abandon this exhaustless source of public in- resource was eloquently depicted by a member of the come. Kentucky included no part of the public domain, other House; enough, not only for that, but for fifty or a and enjoyed very few of those advantages which flow hundred other wars, should we unfortunately become infrom the disbursements of the General Government. Her volved in them. Byt now we are out of debt, and it benefit in the common concern was chiefly indirect, con- would seem that we are never again to be in debt; that sisting in beholding the prosperity of the whole, and the we are out of difficulty, and never again to be in difficulsecurity of all from the Union. But, if this bill passed, ty: and a hundred schemes are suggested to dispose of she would participate in the more direct advantages of these lands, because of our unbounded prosperity; as if the common Government,

we could nat too soon get rid of the fund. Happier would As an original part of that State which made such a it be for us, and happier too for posterity, should we be vast cession to the Federal Government, he, in her behalf, wise enough to husband well this resource. He trusted entered his solemn protest against any violation of the the Senate would not be deceived by these vain

projects. terms of that munificent grant, by which Kentucky shall It was said that there is some discontent in the West; and be stripped of what belongs to her in common with Vir- how was it proposed to allay this discontent? ginia and the other members of the confederacy.

He denied the fact, however; there never had been any As it respects the new States themselves, he could general discontent on the subject of the public lands; not but think that, if they would dispassionately examine there was nothing like discontent there. It was true, that the project under consideration, they would find that it some gentlemen, in various States of the West, had held possessed the strongest recommendation to their ac-out to the people of that quarter of the Union alluring ceptance. And he would repeat the assurance to them projects of the aggrandizement of their own States, by of bis settled conviction, that, if they deceived them- setting up a claim to the lands within their limits; and it selves by the bope of obtaining the whole of the public was very likely that some of the people may have indulgdomain, and refuse what was now offered, they would ed a dream that something like these projects might one liare just occasion hereafter to reproach themselves; or, day be realized: but there was nothing like discontent if not, they would be reproached by their posterity, for with the great body of the people on the subpect of the throwing away the practical blessings within their reach, public lands. But if there were discontent, what would be in order to obtain an object which he solemnly believed the proper course to pursue? We ought to examine would never be accomplished. He would now call the calmly into the causes, to endeavor in a parental manner attention of the Senate to the provisions of this bill, and to investigate the extent of the disaffection. Should it their equitable character, as it respects the whole of the appear to be well founded, it would be our duty to en


Public Lands.

(JANUARY 7, 1833.

deavor to alleviate it as far as possible. But if there was happiest of all events for the Union. But why did the no foundation for it; if you discovered that it was merely gentleman from Illinois restrict his view to this single point? one portion of the Union demanding that which belong. The bill did not confine the States to colonization. What ed to the whole; if there was no just ground for com- was the bill?It presented three great objects for the plaint, would you, to gratify this murmuring portion of consideration of the States, out of which they were at the Union, give to it that which was the property of all? liberty freely to select. It proposed colonization, educa. Would you behave like the weak and foolish parent, tion, and internal improvement, in the reimbursement of who, seeing one child crying for the bauble which another such debts as may have been incurred for internal impossessed, would unjustly take it away from the posses. provements in the States. The gentleman objects to this sor, and, by giving it to the other, set the one who had latter clause. But, Mr. C. would ask, why those States been bereaved crying also? Would you allay discontent, which have gone ahead in the cause of internal improve. if discontent existed in a new State, by raising a more ment, Pennylvania, New York, and Ohio, should not be formidable and greater discontent in the other States? allowed to rid themselves of the debts which they may And would you not do this, if you dopted the partial, nar- have contracted! If they had outstripped the other row scheme of distribution which was proposed by the States, why should they be required to remain under substitute of the Committee on Public Lands? Beware, burdensome debts, and engage in new objects, perhaps Mr. President, on this, as on other great subjects of con- not wanted. tention, that you do not shift the theatre of discontent. With regard to education and internal improvement,

It becomes us to take care that we do not raise a storm these are objects in which all parts of the Union are infull of menace, not only to the integrity of the Union, terested. Education and internal improvement in any but to every great interest of the country. He could not part of the Union are objects which affect, more or less, conceive a more happy disposition of the proceeds of the interests of all other parts of the Union. There was the public lands, than that which was provided by this a restriction upon the States. They were not left without bill.' It was supposed that five years would be neither limitation. The fund was directed according to the views too long nor too short a period for a fair experiment. In of Congress, and the States were not left unrestricted as case a war should break out, we may withdraw from its to its application. They were required to apply it to one peaceful destination a sum of from two and a half to three of three great objects, in which all parties were interest. and a half millions of dollars per annum, and apply it to ed, as objects of national importance. a vigorous prosecution of the war--a sum which would Thus it had been shown tiat, according to the plan of pay the interest on sixty millions of dollars, which might the bill, the fund was to be applied, in times of peace, for be required to sustain the war, and a sum which is con- the benefit of the States which may stand in instant need stantly and progressively increasing. It proposes, now of the means which the General Government does not that the General Government has no use for the money, want, for the improvement of their moral and physical now that the surplus treasure is really a source of vexa- condition; and in war, the fund was to be resumed, and tious embarrassment to us, and gives rise to a succession applied to the general objects of the war. Thus, it was of projects, to supply for a short time a fund to the States to be applied, in peace or war, and, according to the prowhich want our assistance, to advance to them that which vision in the various acts of cession, the great object of we do not want, and which they will apply to great the common benefit of all the States would be kept in beneficial national purposes; and, should war take place, view. This ample resource would be preserved for all to divert it to the vigorous support of the war; and, when the vicissitudes to which this nation may be exposed; and it ceases, to apply it again to its peaceful purposes. And we should be enabled, if free from war for twenty or thus we may grow, from time to time, with a fund which thirty years, to acomplish most of the great objects of inwill endure for centuries, and which will augment with the ternal improvement, in the completion of which the coun. growth of the nation aiding the States in seasons of peace, try feels an interest, should the States determine so to and sustaining the General Government in periods of war. apply it.

The bill proposes to nurse and preserve this fund, to But there was another and the greatest object of all apply it when wanted to the purposes of the General Go- connected with the passage of this bill, to which, in convernment; and when its application is made to the States, clusion of this part of the subject, he was desirous fo re. what are the objects? The honorable Senator complains fer. He alluded to the effect of this measure on the du. about colonization; and asks what interest Illinois has in rability of our Union. He hoped he should not be misit? He (Mr. C.) was somewhat surprised at the question. taken when he made the suggestion, that, above all forHe supposed every part of the Union was interested in mer periods in this country, this was the moment when the humane object of colonizing the free blacks. He it was most imperative upon every American statesman to supposed that if any part were exempt from the evils of bend all the efforts of his mind to the infusion of new a mixed population, it would still not be indifferent to the vigor into the Union. It was a melancholy fact, that in prospérity of less favored portions. The darkest spot all parts of the country the sentiment of union appeared in the map of our country is undoubtedly the condition to have been greatly weakened. It was a melancholy of the African race. And every benevolent and patriotic fact that there was every where springing op, daily and mind must hope that at some distant day it will be effaced. hourly, an apprehension of insecurity, a fear that our reColonization has opened the only practicable scheme public cannot last, that it is destined to premature diswhich, by draining first the country of free blacks, and solution. He did not speak of one part of the Union, then, either by the authority of the States, or by individual but of all parts. This was a policy which unhappily preemancipation of those now held in slavery, holds out a vailed. Whateyer course could restore confidence, produce hope of the ultimate deliverance of our country from this harmony, create a new attachment to the Union in all its great evil. Suppose that, fifty or a hundred years hence, parts, and which could prevent the greatest calamity that the country could be entirely rid of this African race; could befal this people, ought to receive the favorable would the gentleman from Illinois--would any gentleman attention of the Legislature. He would ask if there was -say that he should be indifferent to such an auspicious any project conceivable by man which was better calcuresult? In his judgment, if the people of the United lated to strengthen the Union than the bill which was States were ready to unite heartily in any practical now on the table? What was it? It proposed that a scheme, if there could be one devised, by which this sum amounting to about three millions of dollars, and country could be delivered from all portions of the African annually increasing, which, twenty years hence may be race amongst us, both free and bond, it would be the six millons, and forty years hence twelve millions, the

JANUARY 7, 1833.)

Public Lands.


source from which the fund is drawn being specifically dence. Now, at this moment, old James Masterton, who ceded or acquired for the benefit of the whole Union, lives near Lexington, and is eighty years old, excepted, shall be annually and parentally distributed by this Govern- he did not recollect a single individual, or the descendment through the whole confederacy, amongst all parts ants of any individual, who had remained on the lands of it, for the purpose of improving the moral and physical which they had originally settled. The settlers acquired condition of the whole. Let this project go into opera- their lands, made their entries, and then disposed of them tion: let all the States be satisfied that it will last as long for bear skins, rifes, or any other marketable commodity. as the fund from which it is to be distributed, as long as With regard to the settlement and the cultivation of the almost exhaustless public domain shall continue, and the soil, in the project of the committee, there is no spewe shall cement this Union by the strongest of ties for cification of any inprovement required; there is no confive bundred years to come. What State will then be dition for the cultivation of any specific quantity, nor in disposed to go out of the confederacy, and sacrifice the any defined mode. What does the amendment propose? great advantages administered by this Government? What It allows any man, whether rich or poor, to acquire the State in the Union will be disposed to give up the advan- right of settling the land, by paying fifty cents an acre. tage of this annual dividend, with all the rich fruits which Here is a man who will send one son, or substitute, to set are to result from the improved moral and physical con- up a cabin and cultivate half an acre on one side of his dition of its people, and go forth in its forlorn, weak, and farm; another, who may set out his potatoes, ni plant some destitute condition, an outcast without hope, the scorn of corn, and raise a few pumpkins on the other side, and so its neighbors, an object of contempt with foreign powers, on, to acquire their patents; and they will afterwards find and exposed to the insults of the meanest of them, and their way into the market, and be sold as cheap as milieven to the aggressions of lawless pirates? Pass this bill, tary patents have been sold at the brokers' on Pennsylvania and satisfy the States of this confederacy that this fund, Avenue. which is constantly increasing, is to be applied forever, How many of the soldiers, during the late war, are now in time of peace, to them, for the great objects which are to be found residing on their lands? All their patents were specified, and, in time of war, io free them from that disposed of for a mere song, and go into the hands of taxation which would be incident to a state of war--my speculators in our great cities. He had heard of a single life (said Mr. C.) on the sufficiency of the security individual in New York, holding at this moment a princi. which this would present for the continuance of the Union. pality in Illinois, and who is retarding the settlement of No section, no State, will be found so lost to its own in- that part of the country by holding up the lands at an exterest, as to be induced to cut itself loose, and to aban- travagant price. Land is not the only want of man; he don its participation forever in this rich and growing re- must have money to meet his necessities, and gratify his source.

pleasures; and many have less inclination to the occupaOne or two words on the question immediately before tions of agriculture than to other pursuits. He regretted the Senate, and he would conclude. That question was that every man did not appreciate farming as he did. But to substitute a new proposition, by adopting the amend it is impossible to change the characters of men. Many ment proposed by the Committee on the Public Lands, who are eager for land desire it not for the purpose of in lieu of the other bill. And what was this new project? cultivation, but will part with it as soon as they have nomiIt was at one stroke to cut down three-fifths of the reve- nally complied with the conditions which the laws prenue derived from the public lands. The minimum price scribe. He objected to the amendment, because its beneof these lands is now $1 25 per acre, and it is proposed fits were not confined to the poor settlers, and on account to reduce it to fifty cents per acre, on all the lands which of its inequality. What chance would the people of remain unsold at public auction. It thus proposes, by a Virginia, Kentucky, New York, or Pennsylvania, stand single provision, to take three-fifths from this fund; and with the people of Illinois, who were well acquainted with what does it propose to do afterwards?

the vacant land around them? [Here Mr. c. read a clause from the bill of the com We had been told by the President, as well as by the mittee.]

gentleman from Illinois, that population is more important Now this was not a project for the poor. No such to the country than land; and the sentiment is undoubtedly thing. Any man, without any regard to the amount of true. It should be recollected, however, that the mere his wealth, or his condition, may settle down on the lands, transfer of population from one section of the country, and acquire a right to them by five years' cultivation; but or from one part of a State to another, adds nothing to he has to settle upon the lands. By the proclamation the sum total. If it be so important to augment and not issued by the King of Great Britain in the year 1763, and to shift the population of the United States, the privilege afterwards by the Royal Colonial Governments, and by se- of settlement should be held out to foreigners, to induce veral of the States which subsequently became indepen- them to come her, and increase our numbers. When dent, this condition of cultivation has been required to Georgia distributed her lands by a lottery, although one perfect the title to waste land; and yet, invariably, as far man might obtain more lands than be possessed before, it as his knowledge went, this provision had been dispensed produced no increase in the population of the State. It with, or been considered a 'mere nullity. There were was not a shifting, but an increasing population which was various kinds of settlements formerly required by Vir- desirable. He wished that our country was densely poginia.

pulated, from the shores of the Atlantic to the Pacific [Here Mr. C. specified the various conditions, but was ocean, and that all were endowed with our principles and Dot distinctly heard.]

love of liberty, and our devotion to human rights. But he She required that the individual should settle on the could not, because he felt this sentiment, consent to be land. Now, what did they do? They went on the lands, caught by a project which, altogether delusive, whilst its and put up a small cabin, somewhat resembling those tendency is to sacrifice the public domain, leaves the total which are set up in Kentucky as traps to catch wild tur. amount of our population identically the same. keys, and this was considered an improvement! Well, Pass the amendment of the committee, and the lands with regard to the cultivation of the soil; sometimes they will be swept by those who are on the spot; but the poturned up the earth and planted a few bills of corn; and pulatioa will remain precisely as it is now. The scheme, this was considered cultivation. The settlers gained their while it would destroy the public domain, would engenobject, and there was no attempt to exact a too rigid der speculation, and lead to numerous frauds and evasions; observance of the conditions. No one sat down upon and, while fraught with palpable injustice to the people bis property with a view to make it bis permanent resi-l in all other parts of the Union, would be found to be far


Public Lands.-- Documents, &c.--South Carolina Resolutions.

[Jan. 7, 8, 9, 10, 11, 1833.

less conducive to the prosperity of the new States than the obtaining copies of their own papers. It was therefore proposed distribution of the proceeds of the lands. considered right to cause the expense of making authenti.

He had not intended, when he came into the Senate, to cated copies to be paid by the Government. make more than a very few observations; and regretted Mr. HOLMES expressed regret that the committee that he had been induced to take up so much time. He had come to this conclusion, and that they could not hoped, however, that the Senate would excuse the length reconcile it to their sense of duty to intrust these into which he bad been betrayed by the deep feeling papers into the hands of a commissioner. He would inwhich he entertained of the vast importance of the sub- quire of the chairman of the committee whether any ject which was now under consideration, resulting from a trouble had been taken to ascertain if authenticated co-thorough conviction that no measure which does not em- pies of the documents could be received as evidence by brace the interests of all the people of the United States the commissioners under the French treaty, while the ought to receive the favorable consideration of Congress. originals were in existence? He thought it doubtful wheHe trusted that the Senate would reject the amendment, ther such copies would be received as sufficient, while and settle forever, on the basis of comprehensive equity the originals were to be had. He believed that such also proposed by this bill, this important question, which, if was the opinion of the clerk of this commission, with not speedily and permanently settled, was more likely to whom he liad had some conversation on the subject. He produce dissension throughout the country than any other wished to know if there had been a discussion of this point subject which at this time pressed itself upon the conside in the committee. ration of Congress.

Mr. FORSYTH replied that this point had not been In conclusion, he should only invoke the Senate to ex. discussed. It had, he presumed, been taken for granted tend to his bill the same favor which it had received at that authenticated copies of the documents, made under the last session.

the authority of an act of Congress, would be taken as The Senate then adjourned.

sufficient evidence before any tribunal. The removal of

the documents from the State Department could not take TUESDAY, JANUARY 8.

place without a violation of the existing treaty with Spain; The sitting to-day was occupied principally in acting and if they were removed, whenever a new treaty was on sundry appropriation bills, and on executive business. made, they might be found travelling throughout the

country, from land to hand, and might, not without diffiWEDNESDAY, JANUARY 9.

culty, be replaced in the department.

The resolution was then agreed to.
After disposing of various private bills, the Senate re-
sumed the subject of the


The Senate then proceeded to the special order of the Mr. BIBB addressed the Senate about an hour and a day, being the bill to appropriate for a limited time the half on the subject, when he yielded to a motion for ad- proceeds of the public lands, &c. journment.

The question being on the amendment reported by the

Committee on the Public Lands-

Mr. BIBB resumed the remarks which he commenced

yesterday, and concluded them. DOCUMENTS IN THE STATE DEPARTMENT.

The question was then about to be taken, when The following resolution offered yesterday, by Mr. Mr. KANE suggested that a gentleman who wished to FORSYTH, was taken up:

address the Senate was now absent, and he would, to Resolved, That the Committee on Finance be instructed give him an opportunity to be present, move to lay the to provide, by appropriation, for the employment of bill on the table for the present. temporary clerks in the Department of State, to furnish, The motion was subsequently withdrawn, and, after during the continuance of the commission under the treaty some conversation, a motion, submitted by Mr. BIBB, to of indemnity with France, authenticated copies of such postpone the further consideration of the bill and amendof the documents and vouchers deposited in that depart. ment, and to make it the special order for to-morrow, ment, according to the stipulations of the treaty of 1819, was agreed to. with Spain, as may be required by individuals, or by the After executive business--adjourned. commission for the elucidation of claims under the said treaty with France.

FRIDAY, JANUARY 11. Mr. FORSYTH briefly explained that this subject had been sent to the Committee on Foreign Relations by a

SOUTH CAROLINA RESOLUTIONS. resolution which was offered by the Senator from Maine Mr. MILLER presented certain resolutions of the Le(Mr. HOLMES.) The committee had considered the sub- gislature of South Carolina, in reply to the proclamation ject, and in a conversation with the head of the State of the President, viz: Department, he had received the assurance from the Se. Resolved, That the power vested by the constitution cretary, that the department had every disposition to ren. and laws in the President of the United States to issue der such facilities to the individuals interested, as would his proclamation does not authorize him in that mode to be within its sphere of duty and its means; but that it had interfere, whenever he may think fit, in the affairs of the not the power to permit the original documents to be respective States, or that he should use it as a means of taken from the department, or the dispensable labor promulgating Executive exposition of the constitution, which would be necessary to make the requisite copies. with the sanction of force; thus superseding the action of The committee, on consideration, had deemed that they the other departments of the General Government. could not, consistently with the contract made with Spain, Resolved, That it is not competent to the President of authorize the removal of the documents. They there- the United States to order, by proclamation, the constifore directed their attention to the best mode of obtaining tuted authorities of a State to repeal their legislation; authenticated copies, which would be sufficient for the and that the late attempt of the President to do so is un. purposes of the claimants. The clerks in the department constitutional, and manifests a disposition to arrogate and were too fully occupied to permit their labor to be trans- exercise a power utterly destructive of liberty. ferred to this object; and it was deemed unjust to throw Resolved, That the opinions of the President in regard on the claimants themselves the expense of making or to the rights of the States are erroneous and dangerous,


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