JAN. 24, 1833.]

Public Lands.

[SENATE.

The whole of this meritorious class would now be sacri- Indignity to the States, and assumed authority over their ficed; no pre-emption rights would be allowed them; domestic legislation, was another point dwelt upon by their homes would be put up to the highest bidder; heart- Mr. B. He referred to that part of the bill which requirless speculators and the agents of the old States would bid ed the States to use the distributed fund for certain against the cultivator of the earth for his own sweat and specified purposes, and employed the imperative word his own labor, and would turn his family out of the house "shall" with respect to that use. It was the language that he had built, and chase himself away from the fields of a superior to an inferior-of an empire to its province which he had cleared. A clause in the amendment re---of a State to its county-of a county to its parish. It ported by the Committee on Public Lands proposed to was the language of the master to his servant; and if any secure these settlers, and let them have their homes at State accepted money on these terms, it accepted the fifty cents per acre. That clause is vehemently opposed price of its own degradation--the wages of its own subby the advocates of the distribution bill. Not only the mission to federal dictation. If distributions for internal clause itself is opposed, but the whole class of citizens for improvement, for education, for State debts, for free whose benefit it is intended are personally assailed, and represented as knaves who would defraud the Government, and as vagabonds to whom lands would be of no value-men who would get their lands by fraud and per- obligation of the new States to apply three per cent.

negro colonization, or for any other designated object, are to be made, it is not by acts of Congress, but by compacts with the States, that it would be done. The

jury, and then part with them for nothing. Surely it was enough to deprive rive these meritorious settlers of their labor, without depriving them also of their characters. It was wrong, on this elevated theatre, to defame such men in order to deny them justice. It increased the bad opinion Congress. This bill proposes to add thirteen and a half

of the proceeds of the public lands to the construction of roads and canals, was an obligation voluntarily assumed by the States in compacts with the Federal Government, and were not regulations imposed upon them by acts of which our Northeastern brethren entertained of the West- per cent. to that fund, by law, and to order its applicaern population, and must operate to the prejudice of the tion to specified objects. Compacts were the true mode West in all time to come. of creating that fund; they are still the true mode of in

with the disguise of beneficence, and accompanied by the seductive temptation of money?

Mr. B. commented upon an expression often used in this debate by the friends of the bill; it was the expression "settle;" and referred to the land question, and the in

Prevention of emigration to the new States was the next creasing it. It is the only mode which is compatible with great evil to which Mr. B. adverted, and he found in the the independence of State legislation--Mr. B. would not conduct of the high tariff party, in regard to Western emi-say State sovereignty-that phrase is the watchword of gration, an exact parallel to that of the King of Great Bri- a new argument; and he would put it to all who contendtain in preventing emigration to the American colonies ed for the rights of the States to say, if this attempt to before the revolution. He quoted the words of the De- impose obligations upon the States by act of Congress, claration of Independence: "He has endeavored to pre-instead of inviting them to assume these obligations by vent the population of these States; for that purpose....... voluntary compacts, is not the most dangerous of all the refusing to pass laws to encourage their migration thither, attempts ever made upon those rights, because covered and raising the conditions of new appropriations of lands;" and held that they were just as true of the high tariff party at this time, (which controlled the legislation of Congress,) as they were of the King in 1776. He referred to the memorial of the high tariff national convention, presented at the last session, and to the speeches of the ternal improvement question, which it was assumed this advocates of the distribution bill, for proof of this asser- bill would adjust and regulate. He thought it a very tion. They were all united in the idea that emigration to gratuitous use of the phrase. With respect to internal the new States was too rapid; that it ought to be checked; improvement, it proposed no settlement of the question, and that keeping up the price of the public lands, deny- and could make none. The whole question was left ing settlement rights, and refusing donations, was the open to Congress to go on forever, as it had done for most effectual way to check it. He denounced this whole many years past, with sectional and partial appropriations. scheme of checking emigration as contrary to the rights of A compact with the States, by which Congress would bind freemen, and the means of doing it as unjust and oppres- itself to make no appropriations for new objects, and the sive to the West. Tyranny was tyranny, whether it came States would bind themselves to apply such limited amount from a King or a Congress; prevention of emigration was of surplus revenue as they would consent to receive to a violation of the rights of man, whether intended to check objects of internal improvement, was the only mode short the growth of colonies or of States; to furnish old Eng- of a constitutional amendment which could settle it. In land with sailors and soldiers, or New England with work- another sense, he said the word "settle," as it applied to the hands in factories; and the withholding land from the hand lands, was unfounded in fact; for it only proposed an arof the cultivator was a violation of the beneficent inten-rangement which was to last for five years; and, so far tions of God, whether withheld by titled monarchs or from settling any thing, would actually bring up the whole joint-stock-manufacturing companies. Two other clauses subject ect of disposing of the public lands with the next in the bill he pointed out as insults to the people of the periodical approach of the Presidential election. He innew States, namely, the clause which forbids future Con- sisted that this was not the Congress to settle the land

gresses to appropriate less than $80,000 per annum to the survey of the public lands, and the clause which permitted the said future Congresses to reduce the price of the lands. Such clauses, like that against raising the price, could only be bottomed on the supposed ignorance of the Western people-a point on which the framers of the bill would find themselves wofully mistaken. Future Con

question. The next Congress would be the proper one, when the new States would be fully represented, and when the people should have had time to read and consider the President's message.

Mr. B. said, it seemed to be taken for granted, that this bill was to pass, and was to be received by the whole Union with unbounded applause. He thought otherwise,

gresses would do as they pleased, without regard to the both as to its passing and as to its favorable reception. restrictions or permissions of this one. Why not reduce No distribution bill had ever yet got through Congress. the price of lands now, instead of putting in a nugatory Many had been attempted, and all had failed. He inpermission for a future Congress to do so? Why insert stanced the repeated attempts to divide the public lands such an idle and useless provision, except to delude the for education; the attempts to divide five millions of revepeople with unfounded hopes, and make them acquiesce nue among the States; the proposed distribution of the in this ruinous bill? bank bonus at the last session. The distribution now

VOL. IX.--15

SENATE.]

Public Lands.

[JAN. 24, 1833.

To

proposed was infinitely more obnoxious than any, or all page 358,) when it was laid upon the table, chiefly by put together, that had preceded it, and might share the the votes of those who were in favor of the distribution same fate. The signs were against it. Few voices, and bill, and afterwards taken up by the friends of that bill, those few entirely of the high tariff school, are raised for incorporated with it, and additional grants allowed to it on this floor. All the Senators who opposed it last year Indiana and Illinois, to make up their quantities equal to have met the approbation of their constituents. The half a million each. The distribution bill, thus freighted great State of New York did not condemn her late Sena- with the Missouri bill, passed the Senate, was lost in the tor, [Mr. MARCY,] now her Governor, for refusing to take House of Representatives, and brought forward again at the immense distributive portion which was proffered to this session with the Missouri bill in it, although he (Mr. her; the Senator from New Hampshire [Mr. HILL] has B.) had again introduced it as a separate measure. not been condemned for rejecting the douceur offered to all this proceeding Mr. B. expressed his strongest conthe granite State; on the contrary, his vote has been sanc- demnation. His bill was a separate measure, resting upon tioned by an immense majority of the Legislature of the its own merits, no way dependent upon the distribution State; the Senator from Indiana, who opposed the bill, bill, and entitled to its separate consideration and decision, [Mr. TIPTON,] has been re-elected, maugre the 120,000 as the grants to Ohio, Indiana, and Illinois had been sepaacres of land, the preliminary division of twelve and a rately decided. To put it into the distribution bill, was half per cent., and the subsequent pro rata division with to entangle it in the fate of a bill with which it had no the other States. He himself [Mr. B.] had again been connexion, and by which it had been delayed in its honored with the confidence of his State, although it had passage for a year, and might be delayed as much longer. been carefully spread in all directions that he had depriv- It was also to lay him under the necessity of voting against ed her of a gift of 500,000 acres of land, and two large his own bill, as he could not take it in company with the dividends of money. Not a single State had raised its distribution bill; and thus furnish a topic for electioneervoice in favor of this bill, but those which cried out at the ing against him in his State--a topic which had been freely same time for more tariff, and which saw in this bill the used, but without any effect, thanks to the intelligence three-fold gratification of keeping up at least three mil- of the people of Missouri, who quickly comprehended lions of unnecessary import duties, checking emigration the manœuvre, and thanks to their high spirit, which to the West, and laying that great region under contribu- despised it. The distribution bill is now again depending tion for five hundred years to come.

with all these grants of land in it, and must have an effect

The duration of this bill was a point to which Mr. B. upon its passage-perhaps be the means of getting it invoked the attention of the Senate. It had upon its through. One Senator, at least, the gentleman from title the feature of limitation; it was to divide for a limit- Mississippi, [Mr. POINDEXTER,] who advocates the distried time the proceeds of the sales; and a section in the bill bution bill, lays great stress upon this donation of half a specified this time at five years. But what was the argu- million of acres to his own State, and seems to dread the ment in favor of it? Why, that twenty years hence this censure of his constituents if he should lose the chance bill will produce six millions of dollars for division; and of securing so large a grant, though certainly he ought to forty years hence it will produce twelve millions; and five be the last person to found an argument of self-alarm on hundred years hence, Congress would still be engaged in that circumstance, as it was on his own motion that this levying money from the new States and giving it to the grant to his State, and the other States, had been incorold ones. Thus, the nominal limitation was a deception- porated in the distribution bill. Another reason why that a false light, and a delusive hope, to lure the new States Senator should not be uneasy is, the known facts, just into the power of their adversaries, and to bind them mentioned, that these separate grants had substantially eternally, when pretending to make a mere temporary once passed the Senate, when the bill containing them arrangement for five years only. was ordered to be engrossed for a third reading; that they

Mr. B. had examined most of the obnoxious features of had afterwards passed as a part of the distribution bill; the bill, but there was one feature which could not be and the sense of the Senate having been thus shown in passed with the incidental notice which had been bestow- their favor, there could be no doubt of their passage in a ed upon it. It was that provision which proposed a dona- separate bill; unless, indeed, it was to be admitted that tion of land to six of the new States. The brief history they were put into the distribution bill for the purpose, of these land donations was in the knowledge and the of creating an interest to carry it through-an admission so memory of the Senate. Congress, heretofore, had granted derogatory to the Senate, that it could not be believed until one million of acres of land to Ohio for roads and canals, it was recorded,

and nearly half a million each to the States of Indiana, Mr. B. made an animated appeal to the Senate against Illinois, and Alabama, for the same purpose. All these the corrupting tendencies of the distributive system. He grants were made upon the universally understood princi- rapidly traced its ruinous effect upon the Roman elections, ple, that the United States, as a great landholder in these from the small beginning when candidates for the consulStates, paying no taxes, working on no roads, and having ship would procure distribution of the public corn to the the use of all the State roads for her mails and troops, poorer class of voters, down to the time when the aspiwas bound to contribute to the general improvement of rants to the imperial diadem openly bid against each the country. The reason which applied to Ohio and the other for the support of the prætorian cohorts, and proother named States, applied with equal or greater force mised each soldier so many pounds of gold out of the in behalf of Missouri, Mississippi, and Louisiana, each of public treasury for his vote. He warned the Senate not which had immense quantities of public lands within its to commence such a system in this America. Its inevitable limits, and had never received either donations of land, tendency was to run into the gulf of corruption, and to or appropriations of money, for objects of internal im- put up the highest office of the republic at auction sale. provement. To put these States somewhat on a footing if the voters once condescended to receive distributions, with the others, he, (Mr. B.) at an early period of the whether from a public or private fund, the next step last session, had brought in a bill to grant to Missouri would inevitably be to look out for the hand that could, half the quantity of land which Ohio had received; the and would, distribute most. Private fortunes, in this Senators from Louisiana and Mississippi added amend- country, could not furnish the means of lavishing benements to make equal grants to their respective States; factions on millions of voters; the public funds could aloue and in this form the bill received the favorable considera- do it; and he called upon all considerate men to say where tion of the Senate; was ordered to its third reading; was the practice would stop, if it once began?

engrossed, and actually read a third time, (see Journal, In conclusion, Mr. B. took occasion to present the true

footing with Ohio.

[SENATE.

Mr. FORSYTH asked how many millions of acres this amendment would grant away?

Mr. BENTON replied that the number granted to Ohio was one million six thousand acres.

Mr. EWING explained the particular circumstances under which Ohio had received so large a grant.

Mr. HENDRICKS suggested a modification, which was accepted by the mover, and made a few remarks in favor

Mr. CLAY explained his reasons for opposing this amendment.

question which was now at issue. It was not a question So the substitute of the Committee on Public Lands of taking the lands from the old States by the new ones. was rejected. No such idea existed in the new States. It took no root Mr. BENTON then moved to amend the bill in the among the people when brought forward by some indivi- fifth section, by striking out the specific quantities of duals four or five years ago. It was then discountenanced, lands granted to the States named, and inserting a general as unfounded in itself, and prejudicial to the new States. proviso, that each of the other States named shall have To charge the new States with a 'design to seize upon as much land granted as will make each stand on an equal these lands, in order to justify the old States in seizing upon them themselves, was to aggravate injustice by calumny. The true question was one of the reduction of the price of the lands, and a graduation of the price according to the quality. This is what the new States demand; it is what President Jackson recommends; and it is what the Committee on Public Lands report in their amendment. The question lies between the plan recommended by the President, and the distribution plan proposed by the Committee on Manufactures; between the of the amendment. plan which would make the lands pay their own expenses; which would dispose of them to the people on equitable terms; which would fill the new States with freeholders, and give them in a reasonable time the use of all the territory within their limits for cultivation and taxation, and prevent them from being forever drained of their money to be expended in another quarter; the question lies between this wise, patriotic, and republican plan on one side, and between an unwise, unjust, and anti-republican plan on the other side, to throw the expenses of the Iands and the Indians on the custom-house revenue; to keep up many millions of unnecessary revenue on imports, to the discontent and peril of the Union; to fill the new States with tenants, and the old ones with paupers; to make the new States the everlasting tributaries of countless millions to the old ones; and to gorge the high tariff States with the spoils of the West after having long fattened them upon the spoils of the South. This is the question now submitted to the Senate; and if the bill is not driven through at this session, it will be the question before the oppressed part of the American people--a question in which they will have justice and Jackson on their side; and in which victory will be true to them, if they are not false to themselves.

The question being on the fourth and last section of the amendment, directing the Secretary of the Treasury, under certain circumstances, to discontinue and alter land districts-

Mr. BLACK moved to amend the amendment, so as to leave it to the discretion of the Secretary of the Treasury to discontinue offices, instead of making it a duty obligatory upon him. This amendment to the amendment was agreed to.

Mr. KANE briefly supported the amendment, when Mr. FORSYTH moved (at 5 (at 5 o'clock) that the Senate now adjourn. Negatived, yeas 21-nays 23.

The question then recurred on the amendment of Mr. BENTON.

Mr. MOORE made some remarks in defence of the proposition.

Mr. BUCKNER then spoke until six o'clock, in favor of the amendment.

After Mr. BUCKNER had concluded,

Mr. SMITH moved that the Senate now adjourn. Lost, yeas 16-nays 20.

Mr. BENTON then addressed the Senate in support of his motion to amend; after which, the question was taken, and decided as follows:

YEAS.-Messrs. Benton, Black, Buckner, Dallas, Grundy, Hendricks, Hill, Kane, Moore, Robinson, Ruggles, Tipton.--12.

NAYS.--Messrs. Bell, Calhoun, Chambers, Clay, Clayton, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Holmes, Johnston, Knight, Miller, Naudain, Poindexter, Prentiss, Robbins, Seymour, Silsbee, Sprague, Tomlinson, White, Wilkins, Wright.-26. So Mr. B.'s amendment was rejected.

Mr. MOORE moved to amend the bill by requiring that the land granted to the State of Alabama should be applied in aid of the improvement of the navigation of the Tennessee and other rivers.

This motion was supported by Mr. MOORE, and opposed by Messrs. KING and CLAY, and negatived.

Mr. BENTON then moved to amend the bill by insert

The question was then taken on the section as amend-ing, in the second section, a provision, that before any ed, and decided as follows:

YEAS.-Messrs. Bell, Black, Chambers, Calhoun, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, Johnston, Knight, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Wilkins.-27. NAYS.-Messrs. Benton, Brown, Buckner, Forsyth, Grundy, Hill, Kane, King, Mangum, Miller, Moore, Robinson, Smith, Tyler, Waggaman, White, Wright.--17. The question then recurred upon the substitute reported by the Committee on the Public Lands, (in lieu of the original bill,) providing for a reduction of the price, and granting pre-emptions to actual settlers on the public lands; and was negatived, as follows:

division of the proceeds, there should be a deduction of all the expenses of the administration of the public lands, of contracts made with the Indians, &c. Rejected, as follows:

YEAS.--Messrs. Benton, Black, Brown, Buckner, Forsyth, Grundy, Hill, King, Mangum, Miller, Moore, Robinson, White, Wright.-14.

NAYS.--Messrs. Bell, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, Holmes, Johnston, Knight, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Waggaman, Wilkins.-24.

Mr. FORSYTH asked if it was the wish of the friends of the bill to push it to a third reading.

Mr. CLAY said it was their wish to do this.

Mr. FORSYTH then moved to amend the bill in the second section by striking out the words "colonization of free persons of color."

YEAS.-Messrs. Benton, Black, Brown, Buckner, Forsyth, Grundy, Hendricks, Hill, Kane, King, Mangum, Moore, Robinson, Smith, Tipton, White, Wright.--17. NAYS.-Messrs. Bell, Calhoun, Chambers, Clayton, Dallas, Dudley, Dickerson, Ewing, Foot, Frelinghuysen, Some discussion took place on this question, in which Holmes, Johnston, Knight, Miller, Naudain, Poindexter, Mr. FORSYTH, Mr. CLAY, and Mr. CHAMBERS took

Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, part.

Tomlinson, Tyler, Waggaman, Wilkins.-26.

Mr. GRUNDY said, although he had been much in

SENATE.]

Constitutional Powers.-Public Lands.

[JAN. 25, 1833.

structed by the arguments which he had listened to in the dicted expressly by the letter of the constitution, unau

course of the day, still it should not be forgotten that man could not live on speeches alone, and he would therefore move to adjourn.

The motion to adjourn was lost.

The question was then taken on Mr. FORSYTH's amendment, and decided as follows:

YEAS.--Messrs. Benton, Black, Brown, Buckner, Dallas, Dudley, Forsyth, Grundy, Hill, Kane, King, Mangum, Moore, Robinson, Tipton, Waggaman, White, Wright.-18.

NAYS.--Messrs. Bell, Chambers, Clay, Clayton, Dickerson, Ewing, Foot, Frelinghuysen, Holmes, Johnston, Knight, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Wilkins.-21.

Mr. MANGUM then moved to strike out all the restrictions on the States, and asked for the yeas and nays, which were ordered; and the question being taken, was decided as follows:

thorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed;" that the people of these United States are, for the purposes enumerated in their constitution, one people and a single nation, having delegated full power to their common agents to preserve and defend their national interests for the purpose of attaining the great end of all government--the safety and happiness of the governed; that while the constitution does provide for the interest and safety of all the States, it does not secure all the rights of independent sovereignty to any; that the allegiance of the people is rightfully due, as it has been freely given, to the General Government, to the extent of all the sovereign power expressly ceded to that Government by the constitution; that the Supreme Court of the United States is the proper and only tribunal in the last resort for the decision of all cases in law and equity arising under the constitution, the laws of the United States, and treaties made under their authority; inalienable right of all men to resist oppression, is in its

YEAS.-Messrs. Benton, Brown, Buckner, Dallas, Forsyth, Grundy, Hendricks, Hill, Kane, King, Mangum, that resistance to the laws, founded on the inherent and Moore, Robinson, Tipton, White, Wright.-16.

NAYS.-Messrs. Bell, Chambers, Clay, Clayton, Dick- nature revolutionary and extra-constitutional; and that, erson, Dudley, Ewing, Foot, Frelinghuysen, Holmes, entertaining these views, the Senate of the United States, Johnston, Knight, Naudain, Poindexter, Prentiss, Rob- while willing to concede every thing to any honest differbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, ence of opinion which can be yielded consistently with

Waggaman, Wilkins.-23.

The bill being then reported as amended, and the amendments concurred in, the bill was ordered to be engrossed, and read a third time.

At a quarter before eight o'clock, the Senate adjourned.

FRIDAY, JANUARY 25.

CONSTITUTIONAL POWERS.

Mr. CLAYTON rose for the purpose of submitting a resolution for the consideration of the Senate. The gentleman from South Carolina, near him, [Mr. CALHOUN,]

the honor and interest of the nation, will not fail, in the faithful discharge of its most solemn duty, to support the Executive in the just administration of the Government, and clothe it with all constitutional power necessary to the faithful execution of the laws and the preservation of the Union.

PUBLIC LANDS.

The bill appropriating, for a limited time, the proceeds of the sales of the public lands, &c. was read a third time.

Mr. WILKINS then rose and stated, that last evening, when some of the amendments proposed in the public lands bill were under consideration, several of the Sena

had on Tuesday offered resolutions declaratory of the tors were absent. He was willing that in reference to powers of the Government and the States, which had one of these questions a fuller expression of the sense of been made the order of the day for Monday next. To the Senate should be taken; but he was desirous that the these resolutions the gentleman from Tennessee [Mr. motion he was about to make should not be received as GRUNDY] had proposed amendments, which were printed, indicating any change of opinion on his part. He then and were to be moved again whenever the original reso- moved to reconsider the vote of last evening, by which lutions should be considered. These amendments, while the Senate refused to strike out the words "colonization they declare the several acts of Congress laying duties on of free persons of color."

imports to be constitutional, and deny the power of a Some conversation took place on the point of order, single State to annul them, or any other constitutional and then on the propriety of the motion; and the question law, tacitly yield the whole doctrine of nullification, by being finally taken, the motion was decided as follows: the implied admission that any unconstitutional law may YEAS.-Messrs. Benton, Black, Brown, Buckner, be judged of by the State in the last resort, and annulled Calhoun, Forsyth, Grundy, Hill, Kane, King, Mangum, by the same authority. He dissented from this doctrine; Miller, Moore, Rives, Robinson, White, Wilkins, Wright. and if he had rightly considered the proposed amend--18. ments, it became his duty to place on record his own

NAYS.--Messrs. Bell, Chambers, Clay, Clayton, Dalsentiments and that of the State he, in part, represented, las, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, on this most important subject, affirming the just powers Hendricks, Holmes, Johnston, Knight, Naudain, Poindexof this Government, and repudiating the whole doctrine ter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Smith, contended for and asserted in the resolutions of the gen- Sprague, Tipton, Tomlinson, Tyler, Webster.-27. tleman from South Carolina. Differing on this subject, Mr. FORSYTH then moved to recommit the bill, with as he formerly had in debate here, from the gentleman instructions to strike out the words "colonization of free from Tennessee, he knew no middle ground on which people of color." In support of his motion, he said they could meet, no point of concession to which he many of the managers of the Colonization Society are should be willing to go, short of a full recognition of the well known and distinguished. At their annual meeting true principles of the constitution, as asserted in the re- there had been an evident wish manifested to turn the solution he was about to offer. He then submitted the attention of the public to the society, and enlist the Govfollowing resolution, which was read, laid on the table, ernment in its behalf. Two of our most distinguished and ordered to be printed for the use of the Senate: citizens, President Madison and Chief Justice Marshall, Resolved, That the power to annul the several acts of had expressed their views in relation to the Society. The Congress imposing duties on imports, or any other law of former had suggested an appropriation of the public the United States, when assumed by a single State, is lands to the objects of the society; but he also had "incompatible with the existence of the Union, contra- doubted the power of Congress to make it, and had pro

JAN. 25, 1833.]

Public Lands.

[SENATE.

posed that the constitution should be so altered as to conOn the question of recommitment, there were yeas 20, fer the power. Mr. Marshall was both in favor of the nays 23. appropriations, and deemed it now constitutional. But Mr. CALHOUN said that he rose to move the postMr. F. thought there was a general impression on the ponement of the bill until the first Monday in December minds of Congress that the Government does not possess next. In making this motion, he felt that the subject the power. He said the object of the bill was to do indi- was one of very deep interest. In proposing to postpone rectly what Congress felt it had not the power to do it until the next session, he wished to be understood as directly. If the bill pass, what will follow? The Colo- intending to intimate a desire on his part to use whatever nization Society has no official or political weight or im- influence he might have to adjust a question which had portance; and what will be the consequences of their already produced considerable agitation, and which must sending out fifteen hundred or two thousand colonists to continue to increase, until it became permanently settled. the coast of Africa? Every one may do as he pleases He could not yield his assent to the mode which this with regard to it in his individual capacity, but I desire bill proposed to settle the agitated question of the public that it may not be connected with the Government.

lands. In addition to several objections of a minor cha

The Senator from Kentucky thinks it will perform racter, he had an insuperable objection to the leading wonders. The original object was to get rid of the free principle of the bill, which proposed to distribute the people of color; but that can be done without the aid of proceeds of the lands among the States. He believed it the Government. Now, sir, there is another project, to be both dangerous and unconstitutional. He could not and a very great one; one that is to command the approval assent to the principle, that Congress had a right to denaof all-the civilization of Africa. It is thought that this tionalize the public funds. He agreed that the objection can best be done by means of colonies. But look, sir, at was not so decided in case of the proceeds of lands, as in Liberia. Here I have a map of the territorial property, that of revenue collected from taxes or duties. The of the sovereign jurisdiction of the Colonization Society Senator from Ohio had adduced evidence from the deed of the city of Washington, by the Rev. J. Ashmun. of cession, which certainly countenanced the idea that [Here he read some remarks from the map, on the terri- the proceeds of the lands might be subject to the distritorial jurisdiction of the society.] Sir, this society goes bution proposed in the bill; but he was far from being beyond the European notion of acquiring jurisdiction. satisfied that the argument was solid or conclusive. If European sovereignties obtained it by discovery and pur- the principle of distribution could be confined to the chase; the society by purchase alone; and on this sole proceeds of the lands, he would acknowledge that bis ground of sovereignty they were actually exerting their objection to the principle would be weakened. authority over twenty thousand people, and expect soon He dreaded the force of precedent, and he foresaw to exert it over one hundred and fifty thousand--the in- that the time would come when the example of the dishabitants of the territory which they hold, two hundred tribution of the proceeds of the public lands would be and eighty miles by thirty, over which their jurisdiction urged as a reason for distributing the revenue derived extends. Wars have been waged, and blood has been from other sources. Nor would the argument be devoid shed. In the early time of the colony it was attacked by of plausibility. If we, of the Atlantic States, insist that the natives, and three hundred were killed. The agent the revenue of the West, derived from lands, should be of the society has waged war; tribes and towns have been equally distributed among all the States, we must not be conquered; and the spoils divided among the victors. Sir, surprised if the interior States should, in like manner, in most cases of this kind, a claim would have been made insist to distribute the proceeds of the customs, the great on this Government for damages. If the colony were source of revenue in the Atlantic States. Should such a now attacked and destroyed by the resentment which it movement be successful, it must be obvious to every one, has provoked, no constitutional power of this Govern- who is the least acquainted with the workings of the ment could hinder its destruction. But if this bill pass, human heart, and the nature of Government, that nothing the Government will be involved in its defence. Europe would more certainly endanger the existence of the will not allow a colony in Africa thus to grow up and Union. The revenue is the power of the State, and to extend, unmolested, while under so feeble prohibition. distribute its revenue is to dissolve its power into its They will wrest it from the society, unless Government original elements.

interposes. This bill is a commitment of the Government

to protect the colony against all the world. The powers of Government were granted for no such purpose. Mr. F. concluded by saying, that he would dwell no longer on the subject, and that he would not believe that it was the wish of Government to do indirectly what it could not do directly.

Mr. TYLER remarked that there were two other propositions quite as obnoxious to the constitution as the one which had been noticed. Conferring on States the power and the means of internal improvement, and an appropriation, through States, to education, he considered as equally unconstitutional. If one was stricken out, he was in favor of erasing the whole. He preferred that discretionary power of appropriation should remain in the States. He moved to strike out the words designating the three specific objects of appropriation.

All must see and deplore the conflict of interest which had grown up under the system. In the West, there is the great question of the public lands. In the South, that of free trade. In the East, the tariff, or the protection of those interests which have grown up under the existing system of taxation. So there must be added a question of a more general nature, but not much less important. He referred to the currency. The most unthinking must see that these great distracting questions endangered the existence of the Union itself. He knew not that it could survive their shocks, but was satisfied that its security would require an early adjustment.

As to the particular question under consideration, he, individually, would prefer an adjustment founded on the application of the proceeds of the lands to opening the great arteries of inter-communication between the parts of the country, in which the States where the lands are situated are more particularly interested. But in the present state of things, that would be impossible. The whole South, and particularly the State which he had the honor to represent, had insuperable constitutional objections, which ought to be respected. They could not be overcome but by an amendment of the constitution. He had ensued, until Mr. CLAY read from the rules a confirma- been of opinion, for several years, that the wisest course, tion of the decision of the President. under our existing difficulties, would be to convene the

Mr. FORSYTH withdrew his motion. Mr. CLAY asked a division of the question, so as first to consider the general question of recommitting at all. Mr. FORSYTH inquired whether it could be divided, under the circumstances of the case.

The CHAIR decided that it could. A brief discussion