H. or R.]

Tariff Bill.

[APRIL 18, 1823.

It is to provide a small bounty for those wool growers, and mitted to interfere with it, would act without responsibilia very large one for the still smaller number of woollen ty. The interest of the whole would be subjected to the and cotton manufacturers, iron masters, sugar planters, irresponsible action of a part. In like manner, wherever and owners of salt works, that the other classes of the the interest involved is a local interest, such for example people, including more than eight millions nine hundred as the interest of the cotton grower, this government, asthousand of the people of the farming States, are compel-suming to act upon it, acts without responsibility. Of led to pay an annual tax of about fifteen millions of dollars. what consequence is it, that the cotton States have some Such, sir, is the operation, and such the political ten- fifty or sixty representatives, in a body composed of two dency of this system. The heavy burden of its taxation hundred and thirteen? Who are they, that are about to falls upon all sections of the Union, and all classes of the pass this tariff dooming our fields to desolation? Have community; whereas its bounties are confined to a number they any community of interest or of sympathy with the not much larger than the constitutional aristocracy of some cotton growers? On the contrary, are they not stimulatother countries. But, sir, I shall be probably asked how ed by the hope, (false and delusive, I grant you,) that it happens that the capitalists of the south, the wealthy their prosperity is to be reared upon our ruins? The incotton planters, are arrayed on the side of the great mass terest of the cotton grower is essentially dependent on of the people, in this contest between capital and labor? foreign commerce. The free and unrestricted enjoyment Have they more knowledge or more honesty than other of that commerce, is a natural and political right of the capitalists? Sir, I set up no such pretension for them. most sacred character, and which nothing but the highWe lay claim to no other intelligence and honesty than est public emergency could justify this governmen even such as enables us to understand, and prompts us to de-in suspending. And yet, sir, without even the pretence fend, our own rights. I will not undertake to say that of any motive connected with the defence of our national we might not be tempted to join this plundering ex-rights or honor, in a time of peace and harmony with the pedition, if a tariff could be so regulated as to increase whole world, the representatives of the other States are the price of cotton. But such is our position in this about to pass a law, notoriously destructive of the rights contest, that our interest throws us into a natural alliance and interests of the cotton States. What nonsense would with the great body of the people in the farming States. it be to talk of representative responsibility, when those The wealthy cotton planter of the south fights by the side who destroy our prosperity believe it to be their interest, of the small farmer, the mechanic, the merchant, and the and (if that be possible,) their right and duty to destroy laborer, in New York and Pennsylvania, because they all that prosperity? If, sir, as the advocates of this tariff alhave a similar interest in opposing a system of which the lege, it is the interest of two-thirds of this Union, to deburden falls upon them and the benefit on others. And stroy the prosperity of the other third, by cutting off the this accounts for the fact-notorious in our political histo-only means of that prosperity, would it be possible for ry-that what some are pleased to call the aristocracy of that other third to submit to a practical interpretation of the Southern States, has always been found on the same the compact of Union, by which the right of the twoside with the democracy of the Northern States in the thirds would be recognised to destroy the other? This political controversies by which the country has been species of government inteference with the rights of pridivided. It is a natural alliance. The Southern States, vate property, would be unjust and tyrannical, even in a depending on free trade for their prosperity, must always local government extending over a homogeneous popu be opposed to any attempts on the part of this govern-lation, and over interests equally and generally diffused ment to build up, by commercial prohibitions, an aristo-over the whole geographical surface; but, in a federal go cracy of favored monopolists. Sir, this is not a contest, vernment, extending over various sectional interests, it is as some are anxious to represent it, between the Southern utterly intolerable. and Northern States. It is a contest of less than one hundred thousand manufacturers and farmers, against all the other farmers and manufacturers in the Union, and against the whole population in the Southern States.

I will now invite the attention of the House to one or two views of this subject, connected not so much with political economy as with a much more important branch of politics: that which looks to the true foundations of liberty and the probable destiny of this government.

Sir, if the union of these States shall ever be severed, and their liberties subverted, the historian who records these disasters will have to ascribe them to measures of this description. I do sincerely believe that neither this government, nor any free government, can exist for a quarter of a century, under such a system of legislation. Its inevitable tendency is to corrupt, not only the public functionaries, but all those portions of the Union and clas ses of society who have an interest, real or imaginary, in I am not one of those, sir, who habitually stickle upon the bounties it provides, by taxing other sections and mere technical questions of constitutional construction and other classes. What, sir, is the essential characteristic constitutional power. I believe such questions are not of a freeman? It is that independence which results from those upon which the safety of the Republic depends. 1 an habitual reliance upon his own resources and his grant, sir, that Congress has the power to lay duties up- own labor for his support. He is not in fact a freeon foreign merchandise for purposes other than those of man, who habitually looks to the government for revenue. These duties may be legitimately laid for the pecuniary bounties. And I confess that nothing in the regulation of foreign commerce. But, sir, though I ad- conduct of those who are the prominent advocates of this mit the power of this government to the extent just stat-system, has excited more apprehension and alarm in my ed, I am prepared to demonstrate that, to attempt any mind, than the constant efforts made by all of them, from interference with the distribution of domestic capital and the Secretary of the Treasury down to the humblest codomestic labor, by taxing one portion for the benefit of adjutor, to impress upon the public mind-the idea that another, under pretence of regulating commerce, is a national prosperity and individual wealth are to be deriv gross and fraudulent abuse of a constitutional power. Aed, not from individual industry and economy, but from regulation of commerce, to be legitimate, must have re- government bounties. An idea more fatal to liberty could ference to our foreign relations and international rights, not be inculcated. I said, on another occasion, that the not to our internal relations and the rights of private pro- days of Roman liberty were numbered when the people perty. The importance of this distinction will be at once consented to receive bread from the public granaries. perceived, if we advert to its bearing upon the great prin- From that moment it was not the patriot who had shown ciple of political responsibility. Wherever the interest the greatest capacity and made the greatest sacrifices to involved is a general interest-such, for example, as for- serve the republic, but the demagogue who would proeign commerce, and the public safety-the States, if per-mise to distribute most profusely the spoils of the plun

APRIL 19, 1828.]

Stenographers.

[H. or R.

dered provinces, that was elevated to office by a degen- sir, in casting my eye over the history of human idolatry, erate and mercenary populace. Every thing became ve- I can find nothing, even in the darkest ages of ignorance nal, even in the country of Fabricius, until finally the em- and superstition, which surpasses the infatuation by pire itself was sold at public auction! And what, sir, is which a confederated priesthood of politicians and manuthe nature and tendency of the system we are discussing? facturers have bound the great body of the people in the It bears an analogy, but too lamentably striking, to that farming States of this Union, as if by a spell, to this mighwhich corrupted the republican purity of the Roman peo- ty scheme of fraud and delusion. I recollect nothing, ple. God forbid that it should consummate its triumph sir, that bears so near a resemblance to it, or which furover the public liberty, by a similar catastrophe, though nishes so striking an illustration of this branch of human even that is an event by no means improbable, if we con- frailty, as the story-so beautifully told by the Irish poet finue to legislate periodically in this way, and to connect of the celebrated Veiled Prophet of Khorassan. This the election of our chief magistrate with the question of bold imposter came into the world without any of the dividing out the spoils of certain States-degraded into features which distinguish the human face, an object of Roman provinces-amongst the influential capitalists of disgusting deformity. With the fiend-like purpose of the other States of this Union! Sir, when I consider that, avenging his shame upon the human race, he reared the by a single act like the present, from five to ten mil-standard of a new religious dynasty, in opposition to the lions of dollars may be transferred annually from one part Caliph. As a means of accomplishing his great imposture, of the community to another; when I consider the dis-and at the same time concealing his deformity, he coverguise of disinterested patriotism under which the basested himself with a silver veil; giving it out to his followers and most profligate ambition may perpetrate such an act that the heavenly light of his countenance, by which the of injustice and political prostitution, I cannot hesitate, faithful were to be finally blessed after reaching a certain for a moment, to pronounce this very system of indirect state of purity, was for the present kept, in mercy, from bounties, the most stupendous instrument of corruption their sight, Thousands of devoted followers thronged to ever placed in the hands of public functionaries. It brings his standard, looking forward, amidst every disaster and ambition and avarice and wealth into a combination, which every disappointment, to that glorious day, when the it is fearful to contemplate, because it is almost impossi- angel brow of their prophet was to be uncurtained ble to resist. Do we not perceive, at this very moment, to their view." I need not tell you, sir, that this vision the extraordinary and melancholy spectacle of less than of their hopes was never recalized. On the contrary, one hundred thousand capitalists, by means of this unhal. at the very time he was idolized, by the blind de. lowed combination, exercising an absolute and despotic votion of his followers, as a redeeraing angel commissioncontrol over the opinions of eight millions of free citizens, ed by Heaven to free the world from sin and bondage, he and the fortunes and destinies of ten millions? Sir, I will was daily muttering, in the midst of his pretended orisons, not anticipate or forebode evil. I will not permit myself infernal execrations against the hated race of human kind, to belive that the Presidency of the United States will and staining the altars of his demoniac passions with ever be bought an I sold, by this syste.n of bounties and every species of crime and every species of sacrifice. And prohibitions. But I must say that there are certain quar finally, when enclosed by the beleaguering forces of the ters of this Union in which, if a candidate for the Presi- Caliph, and surrounded by a "frightful wilderness of dency were to come forward with the Harrisburg tariff in death," covered over with his own deluded followers, his hand, nothing could resist his pretensions, if his ad- he selected this as the appropriate scene of a holy festival versary were opposed to this unjust system of oppression. at which he was to unveil, to the chosen few of his followYes, sir, that bill would be a talismin which would give ers who still survived the successive disasters and disapa charmed existence to the candidate who would pledge pointments to which he had exposed them, the long exhimself to support it. And although he were covered pected splendors of his godlike brow. The board was with all the multiplying villanies of nature," the most spread" in splendid mockery;" and after administering to immaculate patriot and profound statesman in the nation each of these deluded victims a poisonous draught, as a could hold no competition with him, if he should refuse nectar proper for those who were destined for the skies, to grant this new species of imperial donative. he raised the awful veil; when behold! his wretched followMr. Speaker, such are the disguise and delusion inci-ers, in their very last agonies, shrunk back, as from a dent to this sort of legislation, that baseness and treachery loathsome and detestable monster, more foul than hell, are not unlikely to receive the reward appropriate to disinterested patriotism. I believe, for example, that if a man of sufficient prominence to aspire to the Presidency, and representing a people whose interests were to be immolated by this system, would be base and bold enough to make that offering at the shrine of his own ambition, he would find it the most certain and direct avenue to popularity and power. He would be hailed by the whole tariff party as a high-minded statesman and disinterested patriot; and even in his own infatuated con stituents, the miserable and deluded victims of his treachery, whose very bread he had sold for the purple of pow. er, would not improbably be found in the ranks of his followers, swelling the chorus of his praise. Indeed, sir, when I contemplate the extraordinary infatuation which a combination of capitalists and politicians have had the singular art to diffuse over more than one-half of this Union-when I see the very victims who are about to be offered up to satiate the voracious appetite of this devour ing Moloch, paying their ardent and sincere devotions at his bloody shrine; I confess I have been tempted to doubt whether mankind was not doomed, even in its most enlightened state, to be the dupe of some species of imposture, and the victim of some form of tyranny. For,

more horrible than death.

Such, sir, are the promised blessings of this protecting system; such is the veil which covers its deformity; such are the sacrifices it imposes, even on its own deluded followers; and such, I fear, will be the final consummation of this stupendous scheme of imposture and delusion.

Mr. ALEXANDER expressing his approbation of many of the views advanced by Mr. McDUFFIE, but wishing to discuss some points which he had left untouched, adverted to the lateness of the hour, and moved that the House adjourn.

The motion prevailed, and the House adjourned accord.

ingly.

SATURDAY, APRIL 19, 1828.
STENOGRAPHERS.

Mr. WOODCOCK moved the following resolution: Resolved, that the Speaker be directed to communicate to the House the names of the persons, who, on the 15th of April, instant, had a right of admission to the Representatives' Hall, by his leave, under the 14th rule of the House; whether the same persons are now admitted; and that he also inform the House of the places which he has assigned to them.

H. of R.

Printing of Memorials, &c.-Land Claims in Florida.

Mr. CAMBRELENG said, that, before the House was called to adopt such a resolution, he should be glad to hear, from the gentleman who offered it, some rea sons to show that it was necessary

Mr. WOODCOCK replied, that he would briefly explain why he had offered the resolution. By the 14th rule of order, the Speaker is empowered to admit persons on the floor, in the capacity of Stenographers, and to assign them such place as he may think fit. Mr. W. said, that he had heard a great deal said, respecting the Stenographers of this House, some complaining of their reports, others applauding them. Ile thought it was his right, and the right of every member, to know who the Stenographers were. He could conceive of no objection to such a demand. The thing was proper in itself, and members were entitled to the information.

(APRIL 19, 1828.

In explanation of the resolution he had offered, Mr. T. observed, that it pointed to a reform in a matter which had been loudly complained of, namely, the great and unnecessary amoint of the printing ordered by this House. He moved that the resolution be referred to the Select Committee which had been appointed on the Rules of the House, but, at the suggestion of Mr. Git. MER, he withdrew his motion, believing that the House could as well dispose of the resolution at once. He again adverted to the incongruous mass of printing which the House was in the habit of ordering. A gen tleman would rise in his place and present a memorial, accompanied with a voluminous amount of documents. The House being ignorant of their contents, usually as sented, as a matter of course, to the next motion, which was, that the memorial and documents be printed. The Mr. LUMPKIN said, that there was nothing improper on consequence was, that these printed documents were, the face of the resolution, yet he objected to it on the morning after morning, piled up on the tables of mem ground, that it was unnecessary, inasmuch as any members, without order, and almost without number. This ber desiring the information might obtain it by an appli- was an evil which called for remedy, and he could not cation to the Speaker, and because the adoption of such think of any better mode than to require that, before a resolution might be construed into a reflection on the being printed, all papers of a private character should presiding officer of the Honse. He therefore moved to be submitted to a Committee of the House. lay it on the table.

Mr. MALLARY suggested that the resolution, while

Mr. WOODCOCK requested him to withdraw the mo.it remedied one evil, created another. A previous question, to allow him an opportunity of reply.

Mr. L. not consenting,

Mr. BARTLETT made a similar request, with which Mr. LUMPKIN complied; when

Mr. BARTLETT observed, that, in his judgment, the resolution was proper, and ought to be adopted. It was right in itself that the members should know who had been admitted into the Hall under the character of Stenographers. It was possible the resolution might have a bearing on persons who held that character within the Hall, but whose conduct out of it was such as required the animadversion of the House. He, for one, desired to know to whom this privilege had been extended.

Mr. CAMBRELENG said, that the object of the reso. lution was too palpable to be concealed. It evidently related to an unpleasant occurrence that had taken place in another part of the Capitol, and he was therefore opposed to the resolution, because the House had already referred that entire subject to a Select Committee. If the gentleman would so modify his resolution as to refer it to that Committee, he should have no objections to vote for it; but to prevent further discussion, he now moved to lay it upon the table.

Mr. BARTLETT demanded that the question on this motion should be taken by yeas and nays, and they were ordered by the House.

Mr. CAMBRELENG, thereupon, withdrew his motion, but it was immediately renewed by Mr. LUMPKIN, and the yeas and nays were again demanded by Mr. TAY LOR, and ordered.

tion must be settled in every case, whether the papers offered were strictly of a private character. It often happened, and must happen, that papers partook in this respect of a mixed character, referring to concerns, in which, to be sure, private individuals were more par ticularly interested, but which, at the same time, had important bearings of a public kind. Besides, these papers often referred to subjects of a local kind, which, though they might be well known in the States where the facts existed, yet were totally unknown to the greater part of the members of this House. By printing the papers, gentlemen were put in possession of the facts, and their attention was attracted by subjects which really called for legislation, but to which they would otherwise have paid little or no regard. The expense of printing a few documents, was not to be put in comparison with the opportunity of passing laws, with a full knowledge of the subject to which they related.

Mr. BARTLETT moved that the resolution be referred to the Select Committee on Rules; which motion prevailed, and it was referred accordingly.

LAND CLAIMS IN FLORIDA.

The bill supplementary to an act for the establishment, and confirmation of Land claims in Florida, having been read a third time, and the question being, "Shall the bill pass?" A debate of considerable extent arose, in which Messrs. DwIGHT, WHIPPLE, WHITE, BUCKNER, BATES, of Missouri, WILDE, GURLEY, HAILE, ISACKS, and BARTLETT, took part.

The SPEAKER then stated to the House that he The bill was objected to on several different grounds. would cheerfully have afforded the information to which First, because it provided that, when, on a suit institut this resolution referred, to any gentleman who had re-ed by a claimant against the United States, for the quested it.

The question was then taken on ordering the reso Jution to lie on the table, and decided in the affirmative, by yeas and nays-94 to 60,

PRINTING OF MEMORIALS, &c. Mr. TALIAFERRO now moved the consideration of the following resolution, offered by him some days since. "Resolved, That the following be added to the standing rules of this House:

confirmation of his title, a verdict was obtained in fa vor of the claimant, who was thus decided to have a good and lawful title to the land, the United States were required to pay the costs of suit; whereas, in a bill of a similar character passed in 1824, for the set. tlement and confirmation of land titles in Arkansas and Missouri, there was an express provision that the Unit ed States should in no ease pay the costs. Secondly, because there was no limitation as to the amount of the claims which were by this bill to be referred to the "It shall not be in order to move the printing of any Territorial Courts; whereas, in the bills for the other private petition, memorial, or remonstrance, nor any Territories, claims exceeding three thousand five hun. other document of a private import, till the same shall dred acres were reserved for the decision of Congress, have gone to a committee, and shall have been report-In the third place, because no appeal was expressly

ed on."

provided from the decisions of the Territorial District

The following remarks of Mr. WHITE, of Florida, in explanation of the bill for the settlement of Land Claims in Florida, are all that have been preserved of the de bate:

[H. or R.

Courts to the Supreme Court of the United States. | sion was inserted in the bill at the instance of the ChairThe District Attorney was, indeed, directed to take an man of the Committee of Public Lands in the Senate, a appeal but a doubt was suggested, whether this would Senator from Missouri, who had witnessed the erroneous be a sufficient declaration that an appeal would lie. If operation of the Missouri act in that respect. The princi. even this objection were set aside, the award of the ple incorporated in this bill, places the claimants on the Supreme Court was not declared to be final. In the footing of all other suitors before the Court, and directs fourth place, the preparations for trial were not suffi- that the costs shall abide the decision. ciently guarded. The District Attorney was not required It is too plain to require further remark. I will pro to be present at the taking of despositions, nor was the ceed to examine the general features of this bill: It is law agent, who is provided by the bill, directed so to at-known to every gentleman in this House, that the claim. tend. Fifthly. The right of appeal is expressly allowed to ants to lands, under titles derived from his Catholic Ma. the claimants, and only constructively allowed, and by jesty and his lawful authorities in the Floridas, were se implication, to the United States. Sixthly. That while, cured in their rights of property by the 8th article of the in the Missouri bill, it is wisely enacted that the claim. Treaty. Their rights were not only declared to be as ant suing the U. States is required to state,under oath, the valid as they were under the Government of Spain, but names of all adverse claimants within his knowledge, the United States solemnly stipulated to confirm them." and all the occupants of the land are cited to appear, so I understand, from this provision of the Treaty, that this that a final settleinent may be had of all the claims set Government are bound to admit them by legislative reup to the same tract, in this bill there is no such provi- cognition, or to establish some tribunal to do so. We sion. Lastly, that, by this bill, one particular class of have organized a Board of Commissioners, whose powers citizens having claims against the United States are al- are confined to the decisions of claims under 3,500 acres.' lowed the privilege of having them settled by judicial These commissioners were required to report claims investigation, while the same privilege is denied to the over that amount to Congress, with their opinions upon citizens at large. If the United States, as a sovereign, them, and the evidence adduced in their support. They condescends to be sued for the benefit of one set of are reported, and I have not been able, in three years, claimants, it ought to extend the same advantage to all to induce a committee of this House to examine a sin others. Otherwise, equal justice is not administered to gle claim. The Government will not survey and sell the People. them. The claimants cannot, without a confirmation, dispose of them. The country is embarrassed by unadjusted titles; population is retarded; and the solemn obligations of a treaty disregarded. If the claim is a valid one, great injury is done to the claimant ; Mr. WHITE said, he regretted exceedingly that the if defective, great injury is sustained by the United bill now under consideration should, on its final passage, States. The land is not surveyed and sold until all the encounter opposition in its details, which might have valuable timber is cut off and the soil exhausted. The been connected in Committee of the Whole. This bill longer it is delayed the more difficulties are to be enrelates to a subject difficult to be understood at all times, countered. The land, as in some districts, of which I and to which few members of the House could devote have some knowledge in other parts of the country, sufficient attention; he was, therefore, desirous to have will become covered by settlers. These claims are sufit passed before he was compelled, from considerations ficiently odious and unpopular, without this new interest unnecessary to be mentioned, to leave his seat, for a few against them. The occupants become numerous, and days at least, and perhaps for the remainder of the scs- the claimants small in number; and the Representative sion. If, said Mr. W. the objection suggested by the looks to the wishes of the majority. A law like the pregentleman from Massachusetts, was alone to be obviated, sent is never sought, or only sought by those who apit would require but a brief explanation. That objec-proach us without influence, and are received with sustion is the repeal of so much of the Missouri act, as sub-picion. So long as the United States are kept out of jects claimants to the payment of costs, in cases in which possession, by the unadjusted state of the claim, and the the petitioner establishes the validity of his claim. The claimant cannot sell, this newly created party, without tiprovision in that act was unjust and irreconcileable with tle, holds the land for years, until time will permit them good faith, policy, and all our legislation on the subject to set up a right of prescription. The people of Florida of Private Land Claims. It in effect declares that the are not in that situation at present; but what they may Government of the United States will not confirm the ti- be in twenty years, if the titles remain so long unadjusttle to an individual, or permit him to have it decided in aed, I cannot say. They all now desire the settlement of court of justice, unless he is taxed with the whole cost. their large claims. If it be decided to be public proper The treaty under which the right is, or ought to be se- ty, let it be sold to the settlers; if private, let it be decured, requires that the United States shall confirm the creed to the honest claimant. It is unjust to delay it. A title to the same extent that it would have been valid, un- failure to comply with a contract between individuals, der the Government from which it is derived, to execute for so many years, would be pronounced unjust, if not this treaty by which the public faith of this Government dishonest. I know of no exemption of a 'Government' is pledged, we proceed to pass a law that this claim shall from a similar obligation in the performance of its conbe adjudicated, and, if established, the claimant is requir- tracts with foreign Powers. The People of Florida have ed to pay costs, Sir, the Government ought to pay for petitioned, for six years, to have these claims settled, all the expenses of the trial, whether the title is confirmed those who are not, as well as those who are, interested. or not. They are bound, if they regard their treaties, They must be decided at some time-the claims will not to provide some means of settlement; and it would be be the less equitable, or the more illegal, by delay. The iniquitous to say that a man, having an unquestionable heirs of the present claimants, who may have worn out right, shall pay for its ascertainment. Such has never their lives in unavailing supplication, will still demand been the practice of this Government, and such, I trust, the execution of the Treaty. It will not be said that the ocfor its credit, never will be. The whole expense of com- cupant ought to take them by prescription. There is not missions to ascertain the validity of claims, has been borne a member here, who can say these claims ought not to be generally by the United States, and never, in any case, settled, and there are but few who can believe Congress except in the law now proposed to be repealed, have is a competent tribunal to do it. they been subjected to this oppressive tax. This provi-judicial, not legislative questions.

They are essentially
A confirmation by

At another stage of the debate.c

[II. of R.

Congress may be final, but a rejection cannot. They will find that I have not gone too far in confirmation of have no power to divest a vested right which a treaty has large grants. I advocate nothing here but a trial, which secured. The claimant cannot be divested, but by a ju- no just Government can refuse. I ask no favor for the dicial investigation. Whenever the Government shall claimants. I ask only the execution of the treaty, and sell to individuals, their right to a trial is guarantied by that Congress do unto these People as Spain would have the Constitution itself; it is the great safeguard of the life, done. I do not consider it liberal or just to denounce all liberty, and property, of the citizen: there is no power large claims, because they are large-if they are valid, known in this country that can control it. Any settle-let them be confirmed; if not, the land should be sold. ment by law, without the agency of the Judiciary, does The Judiciary is the only safe tribunal for determining, not finally decide the right asserted. I say there is not finally, the rights of the claimants, and redeeming the a committee in this House who could examine every claim | pledged faith of the nation. in these reports in one session, if there was no other bu siness before them. I appeal to the experience of gen. Mr. WHITE said, he was sensible of the indulgence tlemen for a confirmation of the fact. These titles are of the House, (and, under the circumstances of his pecufounded on, and derived under, the ordinances of a for- liar situation, he never could forget it,) but, as he had no eign Government, in a foreign language; they sometimes colleagues here, to take charge of this bill, he hoped to depend on the powers of a provincial officer, whose au- be indulged with a few remarks, and would then leave thority is deduced from an official order, or instructions the question. The gentleman from Kentucky has not of a Governor General, or of the King himself. It was examined this bill with his usual attention, or he never the policy of that Government to leave the titles in an im- could have fallen into the error under which he seemed perfect condition, to make it the interest of the grantee to labor. This bill declares, that the law of 1824, passto be faithful to the King, and his authorities. The claims ed to enable the claimants in Missouri to institute proare not the less just on this account; and the Spanish ceedings to try the validity of their titles, shall be extendMinister displayed great foresight in inserting in the trea-ed to Florida. These are the words: the "Claims shall ty that they should be completed by this Government, as be adjudicated according to the forms, rules, regulations, they would have been under that of Spain. These claims conditions, restrictions, and limitations prescribed to the involve a number of difficult and abstruse questions of District Judge, and the claimants, in the State of Missou local law, as well as the laws of nations, and the construc-ri, by act of Congress." Now, Sir, if the language can tion of the treaty. This bill proposes to extend the pro- furnish any words that will more effectually adopt all the visions of an existing law, providing for the decision of provisions of that law, I am not acquainted with them. claims in Missouri, to Florida; that law, it is said, has All the regulations prescribed to the judge, and claim. been complained of by the claimants elsewhere, because ants, are here enacted, and the trial is to be under the it favors the Govern.nent, I am willing to receive it, rules, and on the conditions of that act. The gentleman however, for those whose rights are confided to me. 1 from Kentucky thinks it would only relate to forms of prac am disposed to take any law that does not impugn the tice. If the gentleman had been so good, yesterday, as treaty-that is, the great protection of honest claimants, to have proposed any other worls, or if, during the seve and any thing in the form of a trial, according to its pro-ral weeks this bill has been on the table, he had thought visions, is all I want. This bill does not give to us the of the amendments he now suggests, he would have renprovisions of the Missouri act. There are several mostdered me a singular favor. He objects to the bill, be important features in which it bears heavily upon the I will mention them. In the first place, it he will lock to the Missouri act, he will find that testimo cause it does not provide for the taking of testimony. If excludes all claims not presented to the commissioners ny cannot be admitted without being obtained upon noand examined by them. It does not confer power on the tice to the District Attorney. In these cases, with the Court to take cognizance of any claim reported as ante- Attorney, a law agent and assistant counsel are provided dated, or forged, or permit a re-examination. vides that all claims, over a league square, shall be taken for, by this bill. I think it is not too much to infer, that the interests of the Government will be protected. But, to the Supreme Court, in all cases where the decision in truth, little or no testimony is to be taken. These are is against the United States. There are few or none grants admitted to be genuine, such as they are, or are which will be submitted to the Courts under that quantity, proved to be so before the Commissioners, and the pow and, therefore, the provision for an appeal is imperative er of the granting authority, is the point to be decided. in all cases, and there can be no claim confirmed which Unless they are on condition, the questions are of law al does not receive the sanction of the Supreme Court. It together. A bill in a more exceptionable shape, and less provides for a Law Agent, and Assistant Counsel to aid guarded, has twice passed this House; this has been fully the District Attorneys to oppose these claims. All these examined and discussed in the Senate, and I trust will are restrictions; they never were imposed before; and, now be adopted. unnecessary or unjust as I consider them, I would even The debate was closed by Mr. BARTLETT, who, adtake more, from any quarter, where the interest of the Government was, or where any one imagines the rights verting to the imperfect and disputed character of the of the United States are, involved. We had better have bill, and thinking it improper that a bill, under such cir some decision than this life-destroying uncertainty and cumstances, should be taken out of its regular order on delay. I consented to these amendments, because I could the docket, for the purpose of being hastened to a dedo no better: all that I ask for those claimants is an im- cision, moved that it be again referred to a Committee partial trial. If that cannot be obtained, I ask a trial with of the Whole, and made the order of the day for to-mor as many provisos as any one pleases-whether he under-row. He withdrew the motion, however, at the request of stands it or not-so that the provisions of the treaty, and the laws of nations, are not absolutely excluded from consideration. A Government, compared with the lives of individuals, is immortal. If the titles of individuals are not to be confirmed, until after twenty years' delay, it would be an act of clemency in the Government to take half the property now, and confirm the remainder. Those who want to know my opinions on Spanish land claims can see them in the book before me. I think that they

claimants.

It pro

Mr. WILDE, who, with a view to test the sense of the House, as to their disposition to pass the bill at this. time, moved that it be laid upon the table.

The motion prevailed, Ayes 81, Noes 46. Mr ALLEN, of Massachusetts, understanding that the delegate from Florida, [Mr. WHITE] would prefer the recommitment of the bill, to leaving it upon the table, moved a reconsideration of the vote. It was, therefore, reconsidered; when, on motion of Mr. BARTLETT, it