FEB. 18, 1831.]

Internal Improvements.

[H. OF R.

thus effect a reduction in the price of the article. The rect their course, or a harbor to afford protection, they burden and the benefit of these operations are, therefore, were exposed to be driven from one extremity of the lake reciprocal; and it is but reasonable that a part of the money to the other, or to be shipwrecked on the coast. The thus received should be expended for the benefit of those from whom it is collected.

consequence was a frequent loss and destruction, not only of the property, but of the lives of those who were emDo not the same arguments apply with equal force to ployed in that navigation. The improvements already the interior, as well as to the foreign commerce of our effected have been attended with the most beneficial recountry? The duties imposed on foreign merchandise are sults. I have often heard the opinion expressed by those paid by the consumer, who resides in the most interior who are most capable of forming an opinion, that, withand remote part of the country, as well as by the inhabit-out taking into view the present advantages of those imant of the Atlantic seaboard. Has he not a right to ex-provements, an annual saving of property has been effected pect that some part of that money will be expended for to an amount larger than that of the appropriations which his benefit, as well as for the accommodation of those who have been expended. One fact of itself is sufficient to inhabit the seacoast? show their importance. It is stated that, in consequence

I have not ascertained the exact amount of the export of those improvements, a reduction in the premium of trade of Lake Erie during the past year. I have seen a insurance on that commerce, to the amount of fifty per partial statement of its amount, which proves it to be of cent., has been effected. great extent; and should it be estimated at fifteen thousand tons, which is probably below the actual amount, it would swell the aggregate annual amount of that trade to forty thousand tons.

The remarks I have made tend to show the importance of those improvements, with respect to the commerce of that country. Much might be said to show that they are of great national importance for the defence of the country in time of war. I shall, however, content myself with mentioning one fact, which presents this consideration to the House more forcibly than any language of mine could do.

I might add that this amount has greatly increased during the past year, in consequence of the partial completion of the Ohio canal. And when that great work, opening an avenue through the whole of that great State, and forming a communication between the lakes and the The victory of Commodore Perry, on Lake Erie, is faOhio, shall be completed; when the vast and fertile re-miliar to us all; but the difficulties and dangers which gions on the shores of these lakes shall be converted from attended its achievement, may not be equally so. The a wilderness into fruitful fields, who can estimate the vast squadron commanded by that gallant officer was constructamount of produce which shall be floated towards a mar-ed in the harbor of Erie. The waters of that harbor are ket on the waters of Lake Erie?

Is not this an object of national importance? Is not the protection and security of the commerce of those great inland seas deserving of the attention and care of the National Government? Is not its prosperity important to the strength, the security, and resources of the nation? If, then, this general object is one of national importance, every particular improvement made for this general object participates of the same character, and itself becomes national; provided that such improvement is necessary, and judiciously selected for the promotion of the general design.

of sufficient depth for vessels of any burden, but its entrance was obstructed by a sand bar, which could not be passed by the vessels composing that squadron, without removing all their guns and munitions of war, and even then not without much difficulty and delay. During this time, the British fleet had the undisputed possession of Lake Erie, and the entire command of the entrance of that harbor. They were cruising along the coast, were watching the progress of our fleet, almost daily made their appearance off the bar, and occasionally threw their shot into the harbor. Under these circumstances, the danger of the American fleet in crossing the bar was a subject I will add a word respecting the particular character of of much anxiety and apprehension. Every vessel would the improvements contemplated in this bill. They are necessarily be exposed, in a dismantled and defenceless such as, by a comparatively small expenditure, to pro- state, to the fire of the whole British squadron, and no one duce a great amount of public benefit. Although, pre- could foresee how its destructive effects could either be vious to the commencement of the improvements made guarded against or resisted. But, as it would appear, alby this Government, there was not a port or haven for most by a Providential interposition, the very day that Comthe distance of near three hundred miles on the south modore Perry commenced his operations for passing the shore of Lake Erie, which a vessel could enter in a time bar, the British squadron left that coast and sailed to the of danger, it has not been necessary to incur the expense Canadian shore, and, by unfavorable winds, and perhaps of the entire construction of harbors. There were seve- other causes, were prevented from returning for a period ral natural harbors formed by bays and the mouths of of seven or eight days. By the most unremitted exertions, rivers; but, in almost every instance, their entrance was so continued night and day during this interval, the greater obstructed by sand bars as to destroy their utility. All part of the American squadron were removed over the that was required for the completion of safe and commo- bar, the guns were remounted, and the ships, although dious harbors, was the removal of the sand bars by which not completely fitted for sea, were moored along the their entrance was obstructed. The first appropriation shore, and prepared for action. When the British squadfor these objects was made in the year 1824. The plan ron returned, and saw the change in the position of our of improvement then proposed was considered as an ex- forces, they did not think it prudent to offer battle, but periment, the success of which might be doubtful. But sailed to Malden for a reinforcement. As soon as Comit has been attended with entire success; and the same modore Perry could prepare his squadron for a cruise, he plan, under the direction of the same skilful and expe- sailed in quest of the enemy. They were now met, and rienced engineer, has been successfully adopted in all the I need not mention the result. It forms one of the most improvements which have been commenced in those brilliant pages in the history of our country.

waters.

These facts require no comment. They clearly show, The necessity and importance of these improvements that, for want of a single improvement of the kind conmay readily be conceived by those who were acquainted templated by this bill, the whole American squadron was with the navigation of those waters before they were com- exposed to imminent danger of destruction, which might menced. The situation of vessels then navigating the have turned the whole course of the Northwestern camlake was peculiarly dangerous. Sailing on a narrow sea,paign, caused an expenditure of additional millions, and subject to storms as violent and sudden as those which are been attended with consequences disastrous beyond the experienced in the Atlantic Ocean, without a light to di-power of calculation.

VOL. VII.-48

H. OF R.]

Internal Improvements.

[FEB. 19, 1831.

Mr. McDUFFIE begged the friends of the bill not to country-which had been regularly provided for every consume the time of the House in making speeches against year, without any body dreaming that it was a violation of an opposition so untenable that it could not certainly gain the constitution-to hear it proclaimed now that it was thirty votes. The bill embraced no new objects; it em- selling the liberties of the country! If that is the case, braced such only as former appropriations authorized, or where, he asked, was the vigilance of his colleague on standing laws required; and every item had been exa- former occasions, when similar appropriations had receivmined and approved by a committee. He hoped, there-ed his vote? The principle, Mr. B. said, had never been fore, that the debate would be left entirely to the enemies of the bill.

Mr. CARSON replied, and reiterated his objections to the bill, on the score of expediency and principle.

Mr. DRAYTON said that most of the items were proper, but there were some which he deemed unconstitutional. He could not vote for the bill.

The question was then taken on the third reading of the bill, and carried by the following vote:

denied, that where the commerce of the country could be facilitated or increased, and the revenue derived therefrom was received exclusively by the General Government, that it was within the province of the Government to make the improvement; and this was strictly and peculiarly the case with harbors, and the mouths of rivers, where obstructions impeded or endangered the navigation. This was a species of improvement which it had never been contended devolved on the States themselves; YEAS.-Messrs. Anderson, Armstrong, Bailey, Barber, they had been executed by the General Government from Barringer, Bates, Baylor, Bockee, Boon, Brodhead, the beginning of the Government; at least such had been Brown, Buchanan, Burges, Cahoon, Cambreleng, Chan- the action of Congress ever since he had been here, and dler, Chilton, Clark, Condict, Cooper, Cowles, Crane, the action, he believed, of those who had gone before us. Crawford, Crockett, Creighton, John Davis, Deberry, It was for his colleague to exercise his own judgment for Denny, Doddridge, Dorsey, Duncan, Eager, Ellsworth, himself on this subject and all others; but, in mercy, Mr. George Evans, Joshua Evans, Edward Everett, Horace B. said, he hoped his colleague would permit him to exEverett, Findlay, Finch, Ford, Forward, Gilmore, Hal-ercise the same right, without the imputation of selling the sey, Harvey, Hawkins, Hemphill, Hinds, Holland, How-liberties of his country. ard, Hughes, Hunt, Huntington, Ihrie, Thomas Irwin, The SPEAKER checked Mr. B. He did not underWilliam W. Irvin, Jarvis, Johns, R. M. Johnson, Kendall, stand Mr. C. as imputing such a design to members, but Kincaid, Perkins King, Leavitt, Lecompte, Leiper, Lent, only as speaking of the effect of the bill. Letcher, Marr, Martindale, McDuffie, McIntire, Mercer, Miller, Mitchell, Muhlenberg, Overton, Pearce, Pettis, Pierson, Reed, Rencher, Russel, Sanford, William B. Shepard, Aug. H. Shepperd, Shields, Semmes, Sill, He wished only to vindiSmith, Speight, A. Spencer, R. Spencer, Sterigere, cate himself, not to cast any thing on his colleague. North Henry R. Storrs, Wm. L. Storrs, Strong, Sutherland, Carolina had petitioned for the improvement of Roanoke Swann, Swift, Taylor, Test, John Thomson, Tracy, inlet. This object was in no way different from the obVance, Varnum, Verplanck, Vinton, Washington, Whit-jects in this bill. North Carolina had petitioned Contlesey, Edward D. White, Wickliffe, Wilson, Yancey, gress for the improvement of Ocracock and the Cape Young.-113. Fear, and all her delegation had supported the application. It had been frequently before the House, and none of them had discovered that it was unconstitutional; and now, because these objects are embraced in this bill, are we who vote for it to be charged with being bought up? He had voted for such a bill every year when these objects were not included, and he should have voted for it now, if they had been excluded. Was he to vote against what was right, because he could not obtain what he conceived just, or vote against the bill, because the objects which his own State had at heart were included, lest he might be charged with being bought up? He protested against such imputations.

NAYS.-Messrs. Alexander, Allen, Alston, Angel, Barnwell, James Blair, John Blair, Bouldin, Campbell, Carson, Claiborne, Clay, Crocheron, Davenport, W. R. Davis, Desha, Drayton, Earll, Foster, Gaither, Gordon, Hall, Haynes, Hoffman, Jennings, Cave Johnson, Lamar, Lea, Lewis, Loyall, Lumpkin, Magee, McCoy, Nuckolls, Patton, Polk, Potter, Roane, Standefer, Trezvant, Tucker, Wayne, Campbell P. White, Wilde, Williams.-45.

SATURDAY, FEBRUARY 19.

INTERNAL IMPROVEMENTS.

The engrossed bill making additional appropriations for the improvement of certain harbors and removing obstructions at the mouths of certain rivers, being read the third time,

Mr. CARSON, of North Carolina, rose, and said the liberties of my country are by this bill put up for sale. for one will not be bribed to vote for it.

Mr. CARSON hoped the Speaker would permit his colleague to proceed, and cast every thing on him that he desired. He knew his motive.

Mr. BARRINGER resumed.

Mr. CARSON said that he was very glad that his colleague had let off some matter which he had been pregnant with for some-[The SPEAKER here interposed, and said that the gentleman's colleague had disclaimed any reflection upon the gentleman's motives.] I understood him to do so, said Mr. C., and I too disclaim any intention Ito reflect upon the motives of other gentlemen. My colleague says that I charge him with being bought: that Mr. BARRINGER said he was very sorry to hear such was the purport of his speech. Sir, I made no such language from his colleague. The liberties of the coun- charge. I am willing to say that every member who try put up to sale! How put up to sale, asked Mr. B. votes for this bill believes that he is right. But I believe It is an imputation on the House--not only on this House, that they are wrong, and that those who do vote for it, but on every Congress from the foundation of the Go-whatever is their motive, are selling the liberties of their vernment, and every Executive from the commencement country. In ancient times the Roman leaders bought up to the present. This bill, Mr. B. said, presented no the liberties of the people with the spoils of the conquerquestion of internal improvement, as that question is un-ed provinces; and this policy of internal improvement, derstood by Southern gentlemen generally. and our high-handed tariff, are the means with which the

He had voted on these appropriations heretofore; they liberties of this people are to be bought up. My colwere for objects annually provided for by Congress, and league says he will not defend the constitutionality of the this was the first time that he had found out that they put appropriations proposed by this bill, and well he may say up to sale the liberties of his country. This was a strange so, for he cannot defend it. The constitution has been declaration that in a bill of the most usual and customary placed in the hands of empirics--of political quacks, who character--to promote the commerce and revenue of the have given it a construction whereby it is swallowing up

FER. 19, 1831.]

Internal Improvements.

[H. of R.

the liberties of the country; and, when they are gone, gentleman from North Carolina, and others, come out and where are we to look for liberty? Where, sir, I repeat, say that that is constitutional? No, sir, they would not are we to look for it? Almighty God may have ordained admit its constitutionality, because it is above the mouth, that liberty shall exist only in one hemisphere at a time. and not immediately connected with foreign commerce. If so, the genius of liberty may have taken her flight from Yes, sir, I might exhaust my strength here in vain, in showamong us--she may have followed Lafayette across the ing the importance of this connexion; I should not he so waters—and whilst they have liberty in France, we may fortunate as to get the vote of the gentleman from North have tyranny here. I must believe, sir, if our liberties Carolina and others, who limit the constitution to salt waare saved, that it can be only by the interposition of the ter improvements. If the proposition for such appropriaIndividual States; and, sir, I look to old Virginia, as the tion came from the Committer of Ways and Means, then, nucleus around which the States are to rally to resist the indeed, I possibly might get their votes; but not if it came usurpations of the General Government. I look to her from the Committee on Internal Improvements. He said sons to her Patrick Henrys (such men as he, who dared that he was for improving the means of domestic as well to declare that resistance of oppression was not treason) as foreign intercourse and commerce. If the exclusive --I look to her Madison, to her Monroe, to you, sit, (the system proposed by this bill is to be persevered in, the Speaker:) gentlemen may laugh, sir, but I look to such people whom he represented would derive no benefit men; not to men bought up by appropriations and by the whatever from the expenditure of the public money. He hope of office, but to men of high and elevated feelings believed this to be as much an internal improvement bill and stern integrity, to save my country. If such men do as any bill of that nature introduced at the present sesnot rouse themselves to action, our liberty is gone. Of its constitutionality he had no doubt; but he C. concluded with saying, that perhaps he had spoken denied the expediency of thus limiting and partially carwith too much warmth on this occasion; that he was sick, rying the principle into effect. Once for all, I can assure and had no intention to come here to-day; but that he had the friends of a judicious system of internal improvebeen sent for, and brought from his bed by a call of the ments, that, whenever measures shall come before the House. He knew it was in vain to oppose the passage of House, looking alike to the West and the East, and promisthis bill, and perhaps there was no use in a man's throw-ing to advance the great interests of the country, they ing himself into the breach, and receiving in his breast the should find his vote as it always had been. In self-defence, daggers of all who were in favor of it. He attacked the said Mr. B., the interior must finally come to this course. system, not the motives of gentlemen: but he solemnly They will be compelled to unite in resisting a system of believed, if this sort of legislation was persisted in, our appropriations which promises nothing to their constituliberties were gone; and that nothing but the action of ents, and would cause the operations of the Federal Gothe States could save them. vernment to be felt only in its burdens and exactions.

Mr.sion.

Mr. BLAIR, of Tennessee, said, that, although, for He said that he hoped he was understood by the House, several years past, he had voted for internal improve-as some surprise had been manifested by friends around ments, and had seen no reason to change his opinion or him, at his opposition to this bill when last before the his course in that particular, yet he should vote against House. the bill, because of its partiality and gross injustice. That Mr. BARRINGER again rose. It had been his prac

he was the more determined upon that course, from the tice, he said, to vote for what he deemed just and expedi arguments which have been urged in favor of its passage ent, no matter by what committee the measure was reby the gentleman from South Carolina, [Mr. BARKINGER.] ported. In regard to the question before the House, he For his part, Mr. B. said, he could not see why the mouth said, his rule was this: that, if he found the object conof a river should be improved by the appropriations of nected with the commerce of the nation, and calculated the public money, more than its bed; nor why a measure to benefit that commerce, he deemed the object legiti. of this description, coming from the Committee of Ways mate, and he gave it his support. For instance, the mouth and Means, was not as much a measure of internal im- of the Mississippi, one of the items of this bill, was improvement, as if it had come from the Committee on Roads portant to the commerce of all the great rivers which flow and Canals. Suppose the appropriation proposed by this into it, and he could not hesitate to support the appropri bill, (so far as Ohio is concerned,) had been reported by ation; and if gentlemen would point out any objects not the Committee on Internal Improvements in a separate leading to some port, and calculated to facilitate the com bill, would not the gentleman from North Carolina have merce of the country, he would agree to strike it out. gone against that measure? Has he not invariably gone On the lakes he knew there were ports, and these were against such appropriations? What, then, shall we see, necessary to the great and growing commerce of those if we, from the interior, act upon the principles which waters, and he was as ready to support legitimate objects govern his vote in favor of the bill? Why, sir, that there in the West as in the East. He would not condescend to is to be a system of appropriations for bays and harbors, inquire what part of the country the object was to benefit, and the mouths of rivers and creeks; in short, a system of so it was proper. If it came from the gentleman's [Mr. improvements for the tide water, to the total exclusion of BLAIR's] committer, (the Committee on Interna! Improvethe whole interior.

ments,) he would support it just as soon as if it came from any other. He would leave it to that gentleman to say how he could now oppose measures which he had formerly supported, because he thought the conduct of others improper or inconsistent. For himself, Mr. B. said, seeing nothing in this bill variant from what he had always supported, he should give it his vote.

Shall I, as a representative of one of the districts in the interior, join in a crusade against that section of the country from whence I come? I cannot, I will not give my countenance to a measure so partial and unjust as that which is now under consideration. It is, therefore, sir, that I am obliged to turn my back against this bill, after having for eight years voted for what I thought was a sys- Mr. WHITTLESEY, believing that further debate tem which would at least extend above the tide water. I beg would not change a single vote,moved the previous question. of gentlemen to look to the provisions of this bill: the The motion was sustained, and the question being put on State of Ohio is the only State west of the Alleghany for the passage of the bill, it was carried by the following vote: which the smallest provision is made, and, in tender mercy YEAS.--Messrs. Anderson, Armstrong, Arnold, Bailey, to that State, the appropriations are limited to the mouths Noyes Barber, Barringer, Bartley, Bates, Baylor, Beekof the streams to be improved. When it shall be in order man, Bockee, Boon, Brown, Burges, Butman, Cahoon, for me to call up the bill now on your table, to connect Cambreleng, Chandler, Childs, Chilton, Clark, Coleman, the waters of the Tennessee and Coosa rivers, will the Condict, Cooper, Coulter, Cowles, Crane, Crawford

H. OF R.]

Beaumarchais' Claim.--R. W. Meade's Claim.--Indian Question.

[FEB. 21, 1831.

In his calmer reflections, he had determined to bring alone to its consideration the dictates of his understanding and his judgment, whatever of passion might heretofore have been mingled with it.

Crockett, Creighton, Crowninshield, Daniel, John Davis, Deberry, Denny, Dickinson, Doddridge, Dorsey, Dudley, Duncan, Dwight, Eager, Ellsworth, George Evans, Joshua Evans, Edward Everett, Findlay, Finch, Ford, Forward, Fry, Gilmore, Green, Grennell, Gurley, Halsey, Imputing no motives to any member of this House, Hammons, Harvey, Hawkins, Hemphill, Hodges, Hol- where such imputation is wholly inadmissible, he must land, Howard, Hubbard, Hughes, Huntington, Ihrie, In- say, that if, in the former discussions, here and elsewhere, gersoll, Thomas Irwin, W. W. Irvin, Jarvis, Johns, R. M. he had thought he had discovered a political humanity Johnson, Kendall, Kennon, Kincaid, Perkins King, Lea-regulating the movements of the opposition, he could see vitt, Lecompte, Leiper, Lent, Letcher, Mallary, Marr, nothing in the present aspect of affairs in the slightest deMartindale, T. Maxwell, L. Maxwell, McCreery, McDuffie,gree to change that opinion--a political humanity which, McIntire, Mercer, Miller, Mitchell, Muhlenberg, Over- to say the most of it, is like that charitable knighterrantry ton, Pearce, Pettis, Pierson, Randolph, Reed, Rencher, which, overlooking the object at its feet, seeks for it Richardson, Russel, Sanford, W. B. Shepard, A. H. Shep-among the antipodes.

perd, Shields, Semmes, Sill, Smith, Speight, Richard If the half that has been said here and elsewhere should Spencer, Sprigg, Stanbery, Sterigere, Stephens, W. L. be believed, it would be sufficient, in speaking of an inStorrs, Sutherland, Swann, Swift, Taylor, Test, John dividual, to embody all that is infamous in calling him a Thomson, Tracy, Vance, Varnum, Verplanck, Vinton, Georgian. And for what purpose was all this outcry against Washington, Weeks, Whittlesey, Edward D. White, the State of Georgia? It arises from the same principles Wickliffe, Wilson, Yancey, Young.—136. which would have inflicted a consolidated Government on NAYS.-Messrs. Alexander, Alston, Angel, Archer, this country in 1787, whose advocates said of Mr. Jef Barnwell, James Blair, John Blair, Campbell, Carson, ferson, in 1807, that he could not be kicked into a war; Claiborne, Clay, Coke, Conner, Craig, Crocheron, Da- which would have driven out Mr. Madison in 1814, for venport, W. R. Davis, Desha, De Witt, Draper, Drayton, declaring and prosecuting that war; and which would Earll, Foster, Gaither, Gordon, Hall, Haynes, Hoffman, drive out General Jackson now, because he defeated their Jennings, C. Johnson, Lamar, Lea, Lewis, Loyall, Lump- hopes at New Orleans, and because he refuses to consider kin, Magee, McCoy, Nuckolls, Patton, Polk, Potter, a constitution of limited powers a charter of unlimited Ramsey, Roane, Scott, Standefer, Taliaferro, W. Thomp-powers. The party possessing these principles has chang son, Trezvant, Tucker, Wayne, C. P. White, Wilde, ed its name, but not its principles. The national republiWilliams.--53. cans of 1831 are the true successors of the ultra federalists of thirty years ago; and those who would drive General Jackson from the administration of the Government, do not differ from those who passed the sedition law of 1798. This party, which has, so far as names are concerned, shown the same facility of change as the cameleon, now seeks, as it has sought ever since its hopes were disappointed in the federal convention, to arrive at its object through the instrumentality of the Supreme Court. But more of this subject hereafter.

BEAUMARCHAIS CLAIM.

The SPEAKER, proceeding to the orders of the day, called, as first on the docket, the bill to adjust and settle the claim of the heirs of Caron de Beaumarchais.

Mr. ARCHER moved that the House go into committee on this bill, stating that if it did so, an amendment would be offered to give the subject a direction different from the action of this House; but the motion was lost, only 24 rising for it.

RICHARD W. MEADE'S CLAIM.

The bill providing for this claim being next called, Mr. ARCHER said the magnitude of the claim was such that he should not call up this bill at this late period of the session; and it was passed by.

The House spent the remainder of the day in considering and passing a great number of private bills.

MONDAY, FEBRUARY 21.

INDIAN QUESTION.

In rising to address the House on the present occasion, illy prepared, by indifferent health and other public du ties, to follow the gentleman from Massachusetts over the whole ground he had chosen to occupy, he should content himself with offering a few brief and desultory observa

tions to the consideration of the House. Nor would he have risen, but for the peculiar relation which he bore to this question. Pending the discussion of it at the last session of Congress, under the most urgent importunity of his friends, he had forborne, at a critical period of the debate, from pressing himself into it, believing that its further protraction would probably lead to the defeat of the bill, in the provisions of which Georgia had a particu lar, as the country at large had a deep and general interest.

cease, he

The House resumed the consideration of the motion submitted by Mr. EVERETT, of Massachusetts, on Monday last, to instruct the Committee on Indian Affairs to Although he had ever since held in his possession a doreport a bill making further provision for executing the cument most distinctly proving the influence of this motive laws of the United States on the subject of intercourse on his conduct at that period, yet such motive could not with the Indian tribes; and, also, for the faithful observance be generally known to his constituents, as the document of the treaties between the United States and the said tribes. alluded to had not been made public. But, as the day is Mr. EVERETT resumed the floor, and addressed the at hand when his representative character will House nearly two hours in continuation and conclusion of was not willing to stand unjustified before those he had the argument which he commenced when the subject was represented to the best of his ability for the last six years. first under consideration, (as given in last Monday's report. In the discussion of this question, on which so wide a dif Mr. HAYNES, of Georgia, then rose, and said, when ference of opinion existed between the honorable gentle this subject was so elaborately discussed at the last session man and himself, it is necessary to recur to the history of of Congress, and particularly when so large a share of this country, to ascertain whether the Federal Government that discussion was borne by the honorable gentleman has confined itself to the pale of the constitution, or that from Massachusetts, [Mr. EVERETT,] and his friends, he had hoped it would never again be agitated in this House. When the proposition of the honorable gentleman was offered, he confessed he felt an excitement which would then have rendered him incapable of discussing it with becoming self-respect, or what was due from him to this

House.

Georgia has overleaped the barriers of her rightful sovereignty. In discussing this branch of the subject, he should not inquire whether this continent, at the time of its discovery, was considered as a part of St. Peter's pa trimony, nor how it might then have been regarded by papal bulls in favor of certain discoverers. Nor should he inquire into the quaint phrases which may or may not

FEB. 21, 1831.]

Indian Question.

[H. of R.

be found in any of the charters granted to the colonists by the terms of the articles of confederation, or the constiwhich it was settled. It had been said on a former oc- tution which now binds them together. The declaration casion, that the rights of discovery set up by Europeans of independence, the magna charta of American liberty, related solely to the effect of those rights on each other. was adopted on the 4th day of July, 1776, and its recogIn part this is true, and in part it is not true. That those nition by Great Britain, in 1783, has relation to that rights were relative to the discoverers, as regards the period. question of boundary, is admitted; but it is asserted, without the fear of contradiction, that they were positive, were absolute in their relation to the original inhabitants of this continent. As it regarded those inhabitants, the nations of Europe which planted colonies here considered their occupancy permissive merely. Nor can any other principle of national law be produced on this subject; nor is it necessary to inquire into the justice of such a principle. If it be unjust, and shall be so decided, then the millions who have descended from the original colonists, with all who have been added by later emigration, must take refuge on the eastern shores of the Atlantic.

Then, by the acknowledgment of our independence, and the time to which that acknowledgment related, we arrive at the conclusion, that, so soon as it was declared by Congress, every right and power previously possessed by Great Britain over the colonies devolved immediately upon the respective States, not upon the States as confederated, because the articles of confederation were not adopted until some years afterwards. He would not take the trouble to state the time of their adoption, as it was only necessary for his argument to show that they did not exist until after the declaration of independence. He thought he had now clearly shown that, on the 4th of July, 1776, If this right of discovery does not avail Georgia, it is of the respective States entered into the possession and enas little avail to any other State in this Union. But, to joyment of all the rights which Great Britain had previoussay no more of it, we find ourselves placed under the ly exercised within them as colonies, and that those rights operation of this principle, and it is too late to talk of included every inch of soil, and all the sovereignty which changing it. But it might be asked how he arrived at any State can exercise. Nor should he deem it important the conclusion that such a principle had been adopted by to present this view of the subject, if it had not been said the discovering European nations which planted colonies that the treaty of 1783 passed the sovereignty previously on this continent. He would answer, in the history of possessed by Great Britain over the colonies to the confeall. Nor would he shelter himself under the enormities deration, and not to the respective States. In addition to practised by Spain on the aborigines of Mexico, South the argument he had presented to show that the sovereignAmerica, and the West India islands. Great Britain acted ty of the States passed to them respectively, it might be on the same principles in granting charters to her North sufficient to add, that questions of boundary between them American colonies. From the earliest of those charters (and such have arisen in numerous instances) have been to that granted to Georgia in 1732, this principle runs uniformly settled by reference to the letter and spirit of throughout; nor had he observed, upon an examination of their respective charters. But further light might be a number of them, that any peculiarity existed, except shed upon this subject by consulting the various instructhat, by charter, the exclusive right is secured to Rhode tions which were issued to the American commissioners, Island, " upon just cause, to invade and destroy the native under which the treaty of 1783 was negotiated, as well as Indians, or other enemies of the said colony." Nor the instructions given at different periods for negotiating should he complain that Rhode Island chose still to live with Spain on the subject of boundaries. In the various under that charter, nor inquire why so poor a remnant of instructions thus given to the commissioners in 1779 and the once powerful tribe of Narragansett has escaped from '80, and reiterated in 1781, it will be found that the conformer wars, and the no less destructive vices of civilized federation proceeded on the principle of regulating the life, operating on an inferior and degraded caste. boundaries on the basis of the various colonial charters, in which the southern boundary contended for is the iden tical one set forth in the commission to Governor Wright, in 1764. And here it might not be improper to add, that the definitive treaty of peace with Great Britain, in 1783, pursues the instructions on the question of boundaries without variation. Nor do the instructions to treat with Spain, in 1780, depart from the same principle.

The original charters of the King of England granted to the colonies all the lands included within certain points on the Alantic coast, extended by lines due west to the Paci fic. Nor in this particular was the charter of Georgia less extensive than the rest.

Since the adoption of the federal constitution, in 1792, the same rule was adopted by Mr. Jefferson in relation to the southern boundary, which resulted in the provisions of the treaty of San Lorenzo el Real on that subject. Nor might it be improper for him to add, that the same princi ple enters into the discussion of the yet unsettled question of our eastern boundary.

It originally granted to her the seacoast from the mouth of Savannah to the mouth of the Altamaha river; thence, up those streams, to their headmost branches, respectively; and thence, due west, to the Pacific Ocean. At the close of the war of 1757, which war was terminated by the treaty of Paris in 1763, Great Britain acquired the Canadas and the Floridas. In settling the boundaries of the Floridas in 1763, the British King extended them to the mouth of St. Mary's river; thence, up that river, to its source; thence, by a direct line, to the junction of Chata- But he was aware that a pretence was set up during the hoochie and Flint rivers, and up the Chatahoochie to the revolution, that the unsettled land within the respective thirty-first degree of north latitude, and due west to the States was acquired as the common property of the confeMississippi. In the following year, by royal commission deration, and that various attempts were made to induce to Governor Wright, the southern boundary of Georgia Congress to act on that principle. He believed that he was extended, so as to correspond with the northern had sufficiently shown that directly the contrary was the boundaries of Florida, as defined by the proclamation of fact, and that the States respectively acquired it before 1763-the Mississippi being made the western boundary the articles of confederation were brought into existence. of the British colonies, in conformity to the stipulations of He well knew that the States were earnestly called on for the treaty of Paris. But, so far as he had been able to cessions of land, but he was not aware that any of value inform himself, the principle of sovereignty over the whole had ever been made, except by Virginia, North Carolina, country was distinctly to be traced in the commissions to and Georgia. the colonial Governors. Having thus shown that Great Britain claimed sovereignty over all the country within her colonies, he would inquire how this matter stood at the commencement of the revolution, and how far the powers of the States have been circumscribed, either by

But, after much discussion as to the right of the confederation, a clause was inserted in the ninth article, on the 15th of November, 1777, providing that "no State shall be deprived of territory for the benefit of the United States." But the subject is further illustrated by the reso