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FEB. 10, 1829.]

South Carolina Protest.

(SENATE

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ed of disrespect towards Mr. Madison, when dissenting It is known to many who now hear me, that the late from his principles; we endeavor to save the most precious Rufus King, in his place on this floor, and on various work of his hands from being deformed, if not demolished, other occasions, explicitly denied the right of imposing by the applications of the doctrines he has recently ad-duties upon imporis, for the purpose of promoting manuvocated.

factures; and, “though last not least,” Thomas JefThat Congress has a right “ to regulate commerce,” ferson—who, when living, was called the Apostle of and, under that power, may, in a proper case, resort to Liberty,” and who has been almost canonized since his countervailing commercial regulations, is no more doubt-death-in one of the latest acts of his illustrious life, has ful, than that they may declare war, or raise money by a given us the authority of his great name, and denounced direct tax, or by duties upon imports. But that these "the usurpation" in language that ought to sink deep powers may be resorted to as the means of directly pro- into the minds of the American people. I know, sir, that moting manufactures, or that they may be rightfully used the authority of Mr. Jefferson has lately been quoted in for such a purpose (a purpose entirely different from, if favor of this abuse of power. But when we look to his not opposite to, that for which they were granted), is a report of 1793, on the authority of which he is charged proposition which will sanction any abuse, however ex with this political heresy, it is discovered that it treats travagant, and leaves no limit to the powers of the Feder- exclusively of countervailing commercial regulations; of al Government except its own arbitrary discretion. If the protecting our citizens, their COMMERCE and NAVIGAtariffs of 1824 and 1828 had, in truth, been designed 10 tion,” from the “ prohibitions," &c., of foreign nations, raise revenue, or intended as countervailing commercial by “counter prohibitions, duties, and regulations.” Mr. regulations; if they had looked to commerce at all, and Jefferson no where asseris that a system of protecting had not, in fact, been yielded to the importunity of the duties may be rightfully resorted to as the means of directmanufactures, and been designed exclusively for their | ly promoting domestic manufactures. He states, indeed, benefit;qthere might have been some color of reason and (what no one would attempt to deny) that one of the injustice in the attempt to bring them within the pale of the cidental effects of such regulations may be the promotion constitution. But when it is perfectly notorious that the of manufactures, just as they always have received, and, end and aim of these acts was exclusively the protection from the nature of things, always must receive, the proof manufacturers, by a system destructive of free trade ; tection arising out of a state of war, or incident to a syswhen we know, from our experience, on recent occasions, tem of duties imposed exclusively for revenue. But, sir, that any attempt, on the part of Great Britain, to lessen here is the declaration of Mr. Jefferson himself as to the her duties, and to open the door to a more unrestricted power of Congress in relation to one of the very acts intercourse, instead of being met by a corresponding dis- which the State of South Carolina has, in this protest, position on our part, is immediately followed up by new denounced as unconstitutional. In Mr. Jefferson's letprobibitions and restrictions, lest foreign manufactures ter to Governor Giles, dated 16th December, 1825, speakshould be introduced into the country, and the people ing of the “usurpations of the Federal Government,” should be inflicted with the curse of obtaining their sup- and in special reference to the tariff of 1824, he says: plies from abroad cheaper than they could be procured " It is but too evident that the three leading branches of at home ; it appears to us to be little short of mockery to that the Federal Government) are in combination to strip be told that the power of thus promoting manufactures their colleagues, the State authorities, of the powers rearises out of the power of “ regulating commerce." The served to them, and to exercise, themselves, all functions, State of South Carolina makes up its issue with the Feder- foreign and domestic. Under the power to regulate al Government on this point, whether her rights may be commerce,' they assume, indefinitely, that over agriculture destroyed, and her interests sacrificed, under the forms and manufactures ; and call it regulation, too, to take the of the constitution, but in direct violation of its spirit, and earnings of one of these branches of industry, and that by a manifest departure from the true meaning and in too the most distressed, and put them into the pockets of tent of that instrument.

the other, the most flourishing of all.” After this, what I repeat, however, that it is not my intention to enter, candid man will pretend to doubt the opinion of Mr. at large, into tbe argument at this time. I shall content Jefferson? If it can be shown that, on any previous oc myselt with merely opposing to the authority of Mr. Ma- casion, Mr. Jefferson used language on this subject susdison the venerable names of Pinckney, of King, and of ceptible of misconstruction, here is conclusive proof that Jetlerson. I am not one of those who bow to the autho- he died as he had lived, "true to the faith.” rity of great names ; but it may be well to show, that, if But, I feel that I have trespassed unreasonably on authorities are to govern, they are not all on one side. It the indulgence of the Senate. Before I take my seat, will be recollected by the Senate that the late Charles however, it may be proper to notice one of the remarks Pinckney, of South Carolina, Rufus King, of New York, of my colleague, which, I have reason to believe, has and Mr. Madison, were the three last survivors of that been the subject of some misapprehension. It may be band of statesmen who framed the instrument we are now supposed that, in alluding to the denunciations against called upon to expound. It appears from the journals of the citizens of South Carolina, proceeding from certain the Convention, that Mr. Pinckney exhibited a draught of meetings held during the last summer, in the States of an entire constitution, from which many parts of that Maryland and Kentucky, he had imputed to the States finally adopted were borrowed; and it is known that he, themselves the sentiments which he has marked with his as well as Mr. King, assisted largely in the deliberations of just reprobation. I am sure that my colleague concurs., the Convention. Now, sir, from the time when this pro- with me, and with the people of South Carolina, in tecting system became the subject of public discussion and seeking for the indication of public opinion, in these of controversy, up to the period of his death, it is known States, not from the meetings obviously springing from to me, personally, that Mr. Pinckney uniformly declared party excitement in a great political struggle, but from that it never was the intention of the framers of the con ihose other more numerous assemblages, headed by men stitution to conter on the Federal Government the power of the highest character and talents, by whom ample jusof promoting manufactures; that a proposition to that ef- tice has been done to the patriotism and public spirit of fect actually failed, as the journals of the Convention the South. Sir, we shall cherish the belief until it shall prove; and that, if such a construction had been con- be torn from us by stubborn facts, that the great meetings tended for, at that time, the constitution would never in Maryland and Kentucky, whose proceedings have been have received the assent of the delegates of the Southern immortalized by the eloquence of a McMahon and a Barry, States.

presented a faithful expression of the sentiments of the VOL. V.-8

SENATE.]

Public Lands.

[Feb. 10, 1829.

great body of the people in those States—sentiments few remarks which it seems proper for me at this time to which will ever be gratefully remembered and cordially make. The Legislature have not, in these resolutions, reciprocated by the people of South Carolina.

presented the Senate with many arguments in support of Mr. DICKERSON, in reply to the remarks of Mr. this claim, nor is it my purpose at this time to detain you SMITH, upon the Committee on Manufactures, showed with arguments. The basis of this claim, though but that the State of South Carolina had never experienced partially, is very strongly set forth in the resolution rethe least disrespect in regard to her memorials; but that ferred to—the solemn stipulation of the State of Virginia, . they had been printed, and were on file.

in her deed of cession, that that portion of the ceded terMr. SMITH said, if the Chairman of the Committee ritory now forming the State of Indiana, should, when on Manufactures would show him a succinct report upon admitted into the Union, be received as a free, sovereign, these memorials, he would ask the gentleman's pardon. and independent State, and on an equal footing with the

Mr. DICKERSON replied, that he considered report-original States in all respects whatever; and the inviolaing a bill as reporting against the remonstrances.

bility of these conditions as solemnly though silently guarThe protest was then ordered to be printed.

anteed by the United States, on receiving that cession. It

is believed that the pledge of these lands for the payment PUBLIC LANDS.

of the national debt, then existing, does not in the least

interfere with this construction: for a long period of time Mr. HENDRICKS presented the following joint re was expected to intervene that period and the admission solution of the Legislature of the State of Indiana, on of this State into the Union; and thirty-two years did acthe subject of the right which that State has to the un- tually intervene, in which time it was competent to have appropriated lands within her boundaries.

sold the lands, or a part of them, and extinguish the debt. Resolved, fc. That this State, being a sovereign, free, the history of those times; and that it never could have

That this was the expectation is confidently inferred from and independent State, has the exclusive right to the soil been the intention of Congress to interfere with those and eminent domain of all the unappropriated lands with lands after they should have fallen within the boundaries in her acknowledged boundaries, which right was reserved for her by the State of Virginia, in the deed of of States admitted into the Union, seems to be quite cercession of the Northwestern territory to the United States, should be deprived of territory for the benefit of the

tain-the article of confederation declaring, that no “ State being confirmed and established by the articles of con

United States." federacy, and the constitution of the United States. “ That our Senators in Congress be instructed, and our primary disposee of the soil, and not to tax the lands for

It is believed that the compact not to interfere with the Representatives requested, to use every exertion in their power, by reason and argument, to induce the United a specified period, cannot confer power on the Federal States to acknowledge this vested right of the State, and Government to hold the soil of that State for any other to place her upon an equal footing with the original States, purposes than those pointed out by the constitution, even in every respect whatsoever, as well in fact as in name. ·

if that compact had emanated from authority unquestion“ That his Excellency the Governor be requested to ably competent to make it, and had been based on policy transmit a copy of this resolution to each of our Senators with this compact as long as it has the form of existence

as unquestionable. There is no disposition to interfere and Representatives in Congress, and to each of their Ex- in the statute book. But its validity is questioned, having cellencies the Governors of each of the following States, been made by the people of the territory before the State to wit: Ohio, Illinois, Missouri, Mississippi, Louisiana,

was admitted into the Union, and its irrevocable character, and Alabama, requesting them to lay it before the Legislatures of their respective States for consideration, and re

as well as the perpetual obligation which it attempts to questing them to adopt similar measures, if they should impose on the people of the State, is believed to be a dedeem it expedient.”

reliction of a fundamental principle of our institutions,

which asserts the right of every free people to change Mr. HENDRICKS, in presenting these resolutions, their constitutions and laws, from time to time, as their said, it had become his duty to present to the Senate wisdom and experience may direct. Nor does it seem to Resolutions of the General Assembly of the State of In- strengthen the pretensions of right, to assert that the Gendiana, on the subject of the public lands within the limits eral Government may hold the soil of the State as an inof that State. These resolutions, said he, are similar in dividual may hold ; for it is by no means in that character character to those of the State of Louisiana, a few days she does hold. She holds as a sovereign, and subjects ago presented by a Senator from that State. They are the soil of the State to the uncontrollable action of her also in some degree similar to the spirit of a memorial of Legislative power. the State of Illinois, recently presented to the Senate by But, if in error on these constitutional questions, still a Senator from that State. In these resolutions, the Le- there is another point of view that demands our serious gislature of Indiana has solemnly declared that the State, attention the policy, the expediency, of continuing to asbeing sovereign, free, and independent, has the exclusive sert this claim over the unappropriated lands of one-third right to the soil and eminent domain of all the unappro- of the States of this Union. It is true, that various propriated lands within her acknowledged boundaries, and positions come from various quarters relative to the future that this right was reserved to her by the State of Vir- disposition of the public lands; yet it is very certain that, ..ginia, in the deed of cession of the Northwestern ter- all are dissatisfied with the present system, and anxiously ritory to the United States-grounds which, if tenable, as demand a change. It must be obvious to every one, that I verily believe they are, strongly appeal to the justice while the public lands remain in the hands of the Federal and to the pride of the Senators and Representatives of Government, the new States will not, they cannot, be sathat magnanimous State.

tisfied; because Congress is, and must ever be, entirely The Legislature of the State of Indiana have instruct- incompetent to legislate understandingly on the subject; ed her Senators and her Representatives to use every and in saying this, surely no one will understand me as exertion in their power to induce the Congress of the speaking disrespectfully of the National Legislature. I United States to acknowledge this right, and to place appeal to the Representatives of the old States, whose duher on an equal footing with the original States. In ties do not require them frequently to look into this matthus, sir, performing the first duty required of me by ter, and ask them if they feel conscious of knowing very these resolutions, that of presenting them to the Senate, thoroughly the land system of the New States. I am very I hope I shall not be considered obtrusive in a very certain that a large majority will answer in the negative.

FEB. 11, 1829.]

Counting Electoral Votes.

(SENATE.

And the reason is obvious: they have other duties quite the national debt is a period looked to for alleviation of the sufficient to occupy their attention. They are more inti- public burthens. We have, to be sure, heard it asserted mately concerned with the shipping, the commercial and on this floor, not long since, that a party, or class of indithe manufacturing interests of the country. These are viduals, existed in this country, favorably inclined to a contheir primary interests. But, were they ever so well ac tinuance of the debt ; and who, for the sustenance of the quainted with the land laws, is it possible for the Senators manufacturing interests, would keep up the existing reveand Representatives of the old States ever to acquire that nue. This class of politicians I believe does exist ; but, local knowledge of the country, its present condition, and for myself, can only say, that, though in favor of the manufuture prospects, which is absolutely necessary to correct facturing interests of the country, to this class I do not legislation? The Legislatures of the States are well ac- belong. I am for paying the debt, and believe that the quainted with all these things. They know the qualities ten or twelve millions necessary for the current expenses of the soil, the necessities of the people, and are better of the Government, including internal improvements, can judges of the measures calculated to promote the pros- be so imposed as sufficiently to protect the primary manuperity of the country for which they legislate.

factures of the country: for then we may hope that Need I say that the new States are disturbed and rest- many of them will have grown from infancy to manhood, less on this subject? Does this present a novel spectacle and will need little protection. The debt once paid, the at the present day? Are many of the other great interests shipping and commerce of the Nort and the agriculture of the country less disturbed and restless ? Look at some of the South, may be partially if not wholly relieved from of them. The shipping interest complains of high du- their burthens, and that then, if not sooner, the new States ties on articles indispensably necessary in ship building, may fairly and sanguinely expect the Federal Government and of the depressed condition of their navigation. The to acknowledge their right of sovereignty over public merchants complain of the distraction of their business by lands within their limits. An administration pursuing this the auction system, and the Southern States are groaning line of policy will best promote the peace and harmony, under the pressure of the tariff. The final extinguish- as well as the real interests of the country. This policy ment of the public debt is a period which is generally ex consummated, would indeed bring the golden days of this pected to afford relief. This period will probably arrive republic; and that President of the United States who in about four years, and we shall then be able to reduce shall adopt and pursue it, will deserve the fairest page in the revenue from twenty-five to ten or twelve millions. the history of his country. At this period the public lands will be released from the The reference being ordered, debt, for the payment of which, in the opinion of many, Mr. NOBLE said it had become his duty, in connection they are pledged, and, that difficulty removed, this is the with the remarks of his colleague, to present to the Seperiod in which it seems pretty generally expected that nate a memorial to the Legislature of Indiana, relative the lands will be given up to the States. This event, I to the continuation of the Cumberland Road within the fondly hope, is not even so far distant. I hope that, if limits of Indiana the constitutional ground of this claim should be resisted, Mr. N. having presented the memorial referred to by that considerations of expediency alone will be sufficient him, he then proceeded to remark, that it would ever afford to induce Congress to give the million received from the him pleasure to promote the views of the Legislature of public lands, to the sovereignties of the States. On sheer his State ; but there were questions of policy on which he calculation, this Government would be the gainer: for could not, consistently with his declared principles, obey the increased population of the country would soon pay the instructions of that Legislature. If he was to be proyou more than that million in custom house duties on im- scribed for such opinions, he could not help it, and was ported goods. No one can doubt that the settlers of not much disposed to fear it. His removal from office, every new State, in a short period of time, pay more to and even his removal from life, would create no great the Government on dutiable goods than they do for their chasm in human affairs. He believed that Congress would lands. This, then, would make it good policy to give the never assent to a relinquishment of the national domain lands away to actual settlers, rather than to retard the set to the States in which it lies ; and, to hold out the idea tlement of the country ; because, by so doing, the indus- that such a relinquishment would ever be made was intry of the people, and the means of consumption of im- jurious to the prosperity of the new States.

Mr. N. spoke ported goods, would be greatly increased.

of the compacts under which the new States came into There is not, [said Mr. H.] as I believe, any question the Union, and expressed his opinion that the new States in this Government less understood than the present one. were disposed to adhere to them. He dwelt also upon The Senators of the old States seem to have fastened the injustice of depriving the old States of their share in about their recollections the 1,000,000,000 of acres of the public lands. Those States had protected the new public lands, and forget that nine-tenths of this is without settlements; they had been liberal in the mode adopted the limits of the United States. This vast amount, at $1 25 for disposing of the land ; and in the mode for collecting per acre, is on paper an enormous sum; while the facts the sums due for those lands. Through their indulgence are, that your sales in all the States and territories, have and support, the new States had grown up to their preaveraged less than 1,000,000 per annum, and that, while ent population and strength. The resolution which he you had 100,000,000 in market. They seem to overlook held in his hand was from the same Legislature which had the fact, that giving it to the States is but giving it to adopted the resolutions presented by his colleague ; and their own citizens who emigrate to the new States: for it looked to the fulfilment of the compacts on the part of locking up the country by the power of the Union, fix- the State, and on the part of the United States. ing a high minimum for the second and third-rate lands,

He moved the reference of the resolution, presented and draining the new States of a circulating medium by his colleague, to the Committee on Public Lands, through the land offices, is directly preventing emigration which was ordered accordingly. to the country, It is, indeed, depriving the poorer classes of the old States of the means of procuring lands in

WEDNESDAY, FEB. 11, 1829. the new States, and of living there, It is a policy which rallies round the landed interest; and the wealth of those

COUNTING ELECTORAL VOTES. States is oppressive to the poor, and, Pharaoh-like, re At twelve o'clock the members of the Senate repaired fuses to let the people go. It is a policy which, if well to the chamber of the House of Representatives, where understood, would be as little favored in the old States as the votes were counted, and the Vice President made proin the new. I have said that the final payment of clamation of the result. (See the proceedings of the House

SENATE.] Purchasers of Public Lands.Sinking Fund.Chesapeake and Delaware Canal. (Feb. 12 to 24, 1829.

of Representatives of this day.) After returning to the Mr. CHANDLER then withdrew his motion for comSenate chamber,

mitment, and the bill was reported to the Senate without Mr. TAZEWELL said, the joint committee appointed amendment, and ordered to be engrossed for a third for that purpose had ascertained and reported the result reading. of the election for President, and had directed him to Mr. NOBLE then moved that the bill be engrossed and move that a committee of one be appointed to join a com read a third time to-day. mittee on the part of the House, to inform ANDREW The CHAIR said that it would be necessary to give the JACKSON that he has this day been elected President of Committee on Engrossed Bills leave to sit during the sitthe United States

ting of the Senate. Mr. TAZEWELL was then chosen the committee on Mr. NOBLE made the motion accordingly ; but the the part of the Senate.

unanimous consent of the Senate being necessary to carry

it, and objection being made, the motion did not prevail. THURSDAY, FEB. 12, 1829. The Senate was chiefly occupied this day in the consi

Thursday, Feb. 19, 1829. deration of Executive business.

The Senate were chiefly engaged this day in the consi

deration of Executive business. FRIDAY, FEB. 13, 1829. Nothing of sufficient interest occurred this day to give

FRIDAY, FEB. 20, 1829. rise to debate. Adjourned to Monday.

THE SINKING FUND.
Monday, Feb. 16, 1829.

Mr. SMITH, of Maryland, from the Committee on

Finance, to which was referred certain resolutions on A great many private bills were acted upon this day, the 12th of January last, in relation to the Sinking Fund and the Senate also sat a long time with closed doors.

and the public debt, made a report thereon, which was

not read ; and, on motion of TUESDAY, FEB. 17, 1829.

Mr. SILSBEE, it was ordered that one thousand extra The Senate sat with closed doors for four hours this copies be printed. day.

On the motion to print,

Mr. McLANE said that, while he had no objection to
WEDNESDAY, FEB. 18, 1829.

the printing, he owed to himself to state that, to the

conclusion of the report on the first resolution to which PURCHASERS OF PUBLIC LANDS. it related, he dissented from a majority of the committee. On motion of Mr. NOBLE, the bill to revive and conti- | The report in regard to the other resolutions, independent nue in force the several acts making provision for the ex

of its reasoning and the grounds of which the conclusions tinguishment of the debt due to the United States by the

were predicated, had his assent. Without detaining the purchasers of the public lands, was taken up for consider- Senate at this time, he would take the opportunity of ation.

explaining his views at large when the report should be Mr. NOBLE said, he conceived it to be his duty to make called up for the consideration of the Senate. some observations in support of the bill. In a brief but

Adjourned to Monday. impressive speech, he urged on the Senate the necessity its passage ; stated the impoverished situation of many

MONDAY, FEBR RY 23, 1829. of these purchasers of public lands; and his belief that,

No business, to occasion debate, was transacted this if the extension of time for payment, contemplated by day. the bill, was not granted, their property, acquired by

Tuesday, FEBRUARY 24, 1829. many years' hard labor and toil, would be taken from them ; they would be stripped of their all, &c.

CHESAPEAKE AND DELAWARE CANAL. Mr. CHANDLER inquired whether the bill had been Mr. HENDRICKS moved that all the orders of the reported on by a Committee.

day, previous to bill No. 91, be postponed, and that the The CHAIR answered in the negative ; it had not yet Senate take up that bill, entitled “ An act to authorize been committed.

a subscription to the stock of the Chesapeake and DelaMr. CHANDLER then moved its reference to the Com ware Canal Company." mittee on the Public Lands.

This motion was opposed by Mr. BENTON, Mr. NOBLE had no other objection to the reference ground that it was unfair to give this bill precedence over than the delay which might thereby be occasioned ; in-others equally important, which were upon the table, and deed, as the session was so near its close, and as it was would come before it in regular order. known that some of the members of the Committee on A very animated debate ensued, in which the motion Public Lands were seriously indisposed, it might be that was supported by Messrs. KANE and McLANE, on the no report would be made on the subject. He invited the ground of its importance, and that, if not taken up now, attention of the Senate to this, as he conceived, important it would not be during the session; that the whole work matter, and hoped they would not allow the session to upon the canal would thereby be delayed another year, pass, without acting on a subject which involved some of and that a refusal to consider it was equivalent to rejectthe best interests of the Western country.

ing the petition of the Company. It was according to Mr. CHANDLER had no wish to retard the passage of usage to give important bills preference over minor ones, the bill; it was, in his opinion, one of those important and the only question was, whether the present bill was matters which ought to go to a committee, and therefore of sufficient importance to take it out of its regular course. he made the motion. Whatever course the Senate should Mr. BEN TON and Mr. HAYNE opposed the motion determine upou, however, would be satisfactory to him. as calculated to derange the order of business, as an unfair

Mr. RUGGLES, in a few remarks, advocated the early course towards other very important measures, which passage of the bill; stated that it was a transcript of a would be delayed, and as altogether unparliamentary, law already in existence, which expired in July next, and Mr. BENTON expressed himself with much warmth the only object was to continue that law in force for one in relation to bills which he had reported, and in which year longer, viz. till the fourth day of July, 1830, &c. he felt an interest, and concluded by calling for the yeas

upon the

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FEB. 24, 1829.]

Chesapeake and Delaware Canal.

(SENATE.

and nays on the motion of Mr. HENDRICKS, which would have been easy for them to have opposed the Louiswere ordered, and were as follows: Yeas 19, Nays 18. ville and Portland Canal bill; to have amended it and

So it was decided that the bill “ to authorize a subscrip- recommitted it, for the purpose of destroying it. But, in tion to the stock of the Chesapeake and Delaware Canal cases of this kind, they discarded all local considerations, Company" should have the preference: and that bill was and voted for the passage of all bills which were for the accordingly taken up.

public good. He appealed to the liberality of Senators, Mr. TAZEWELL stated, that he had received, from and to the gentleman from Virginia himself

. It was apthe Directors of the Dismal Swamp Canal Company, a parent that the success of his motion would be the means memorial of a nature similar to the one upon which this of rejecting the bill, therefore he should vote against laying bill was founded, and which he had not presented to the it on the table, and against the amendment proposed by Senate, because he had not anticipated the course which the gentleman from Virginia ; not because he was opposed had just been pursued by the Senate, and had therefore to an appropriation for the measure proposed by the gentleconcluded that no measure of the kind could pass through man from Virginia, but because the effect of it would be to both Houses at the present session. It was due to a por- kill both measures. tion of the citizens he represented to present and press Mr. TAZEWELL, in reply, repeated, that it was not this measure upon the attention of the Senate ; he should supposed business of this kind would be acted upon at the press it to a certain point, and there he should leave it, short session ; accordingly, he had exercised the sound because he was opposed to the whole system, from the discretion of a Representative of the people, and supposbeginning to the end. He now, therefore, moved a re- ing it impossible to pass the measure, he had not proposed commitment of this bill, in order that an amendment it. The Senator from Delaware, in receiving a memorial might be made to it to include a subscription for a certain from the directors of the Chesapeake and Delaware Canal number of Shares of the Dismal Swamp Canal, and the Company, thought differently ; he had presented it, and it two could go together. It was well known what his had been acied upon He had no other course than the opinions were; he should vote against the bill, if the one he had pursued ; and when gentlemen accused him of amendment was adopted.

resorting to indirect measures, they most unquestionably Mr. HENDRICKS hoped the bill would not be recom- did him injustice. He should vote against this bill, and he mitted for any such purpose, and he knew no argument so should vote against all propositions of the kind, whatever strong against the measure as that, if it was recommitted, quarter they came from. There were certain States that it would not be reached again during the present session. entertained the belief, and they had avowed it, that there He hoped the motion would not be adopted, because the was such a thing as State sovereignty ; their Representaeffect would be to destroy both measures.

tives in Congress, upon the pledge of gentlemen, had said Mr. TAZEWELL had but one remark to make. It that they entertained the same belief; and what did it was well known that it was the general opinion, thai, dur come to? Gentlemen say, if you entertain the opinion ing the short session of Congress, no business of this kind that you have no right to this money, give us, who enterwould be acted upon. When he received the memorial tain different opinions, all the revenue we can apply to in question, he entertained this opinion, and having no con These objects; and, for God's sake, continue in the same ception that the Senate of the United States would post- opinion, that there may be fewer to divide the spoil. He ponle ail their orders of the day for the purpose of taking represented a country which had lived heretofore without up particular bills, he had not presented it. He now, how the aid of the General Government. The opinions they ever, had felt it to be his duty to make the motion to in- entertained upon this and some other subjects they had clude a subscription for stock to the Dismal Swarnp Canal, taken up maturely and deliberately ; we have always gone in the present bill, and the Senate might dispose of it as together, and we shall always entertain them. We will they pleased.

continue to live without the aid of this Government; we Mr. NOBLE said, if gentlemen were decidedly opposed will turn neither to the right hand nor to the left in reto a measure upon constitutional principles, he could not lation to this subject; and we will neither bend the knee see the propriety of their moving amendments to bills.for nor doff the cap to obtain aid from this or any other adthe purpose of destroying them, saying, at the same time, ministration. that they should vote against the bill, even if their amend Mr. McLANE said, he did not design to impute to the ment prevailed. If the gentleman from Virginia was un- gentleman from Virginia the use of indirect means for the willing to spend the public money for great national objects, purpose of killing the bill ; he had only stated that such why could he not let the people of Delaware and of Penn- would be the effect of the measure, if adopted; he had sylvania, who had no such scruples, enjoy the benefits of only said, if it was recommitted, it was rejected; and if the system? For himself, when he was opposed to an there should be a failure of both measures, who was graobject, he placed his vote and his remarks directly in op- tified? Why, the gentleman from Virginia ; because, position to that object, and did not endeavor to destroy a from his motion to amend, the bill was killed entirely. He bill by indirect means.

read from the journal to show, that, when this bill was Mr. HENDRICKS said, he would withdraw his oppo- originally before Congress, the gentleman from Virginia sition to the motion, if the gentleman from Virginia could had made a motion similar to that which he had made tostate, in his place, the sums necessary to be applied to the day, which had been rejected. Dismal Swamp Canal.

Mr. NOBLE also added a few words in explanation of Mr. TAZEWELL replied that he had left the paper at what he had said when up before. home, and he was now under the necessity of adopting Mr. WEBSTER said, he felt bound to say, he could this course.

see nothing exceptionable, or out of the common course, Mr. McLANE wished the gentleman from Virginia in the measure proposed by the gentleman from Virginia ; would withdraw his motion. He should vote for an ap- and, although he should not vote with him, yet it seemed propriation to the Dismal Swamp Canal, when the subject that this method of killing the bill was perfectly natural, was presented to the Senate in a distinct form. But was it perfectly parliamentary, and perfectly fair. Every amendnot apparent that the course proposed would kill both ment, whether proposed by those opposed to the bill or measures? In this case he felt himself justified in making not, was worthy of the consideration and respect of the an appeal, and he did appeal to gentlemen not to allow Senate; and there was nothing more conformable to this measure to pass over without being acted upon. The parliamentary usage and practice, than, when a measure advocates of the bill had never, in a single instance, op was on its passage, for those opposed to it to propose posed any similar bill, from any part of the country. It amendments, to make it better and more agreeable to

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