JUNE 20, 1832.] Public Lands. [SENATE. vacant lands of the West are removed, by intervening cannot believe that what they have not bought, what resettlements, farther and farther from society, as it is now mains the property of themselves and all their brethren located. It is, I believe, Dr. Johnson who pronounces of the United States, in common, belongs to them excluthat, of all vegetable and animal creation, man is the sively. But if I am mistaken--if they have been deceivmost difficult to be uprooted and transferred to a distant ed by erroneous impressions on their mind, made by artful country; and he was right. Space itself-mountains, and men, as the sales proceed, and the public land is exhaustseas, and rivers, are impediments. The want of pecuni- ed, and their population increased, like the State of Ohio, ary means, the expenses of the outfit, subsistence, and they will feel that their true interest points to their retransportation of a family, is no slight circumstance. maining copartners in the whole national domain, instead When all these difficulties are overcome, (and how few, of bringing forward an unfounded pretension to the incomparatively, can surmount them?) the greatest of all considerable remnant which will be then left in their own remains-that of being torn from one's natal spot; sepa- limits. rated forever from the roof under which the companions of his childhood were sheltered, from the trees which have shaded him from summers' heats, the spring from whose gushing fountain he has drank in his youth, the tombs that hold the precious relics of his venerated ancestors! And now, Mr. President, I have to say something in respect to the particular plan brought forward by the Committee on Manufactures for a temporary appropriation of the proceeds of the sales of the public lands. The committee saw that this fund is not wanted by the General Government; that the peace of the country is not But I have said that the Land Committee had attempted likely, from present appearances, to be speedily disturbto confound the sentiments of Mr. Rush with some of the ed; and that the General Government is absolutely emreasoning employed by the Committee on Manufactures barrassed in providing against an enormous surplus in the against the proposed reduction of the price of the public treasury. Whilst this is the condition of the Federal Golands. What is that reasoning? Here it is: it will speak vernment, the States are in want of, and can most benefifor itself; and, without a single comment, will demonstrate cially use, that very surplus with which we do not know how different it is from that of the late Secretary of the what to do. The powers of the General Government are Treasury, unexceptionable as that has been shown to be: limited; those of the States are ample. If those limited "The greatest emigration (say the Manufacturing Com-powers authorized an application of the fund to some obmittee) that is believed now to take place from any of the jects, perhaps there are others of more importance, to States, is from Ohio, Kentucky, and Tennessee. The which the powers of the States would be more competent, effects of a material reduction in the price of the public or to which they may apply a more provident care. lands would be--1st, To lessen the value of real estate But the Government of the whole and of the parts, at in those three States; 2d, To diminish their interest in last, is but one Government of the same people. În form, the public domain, as a common fund for the benefit of they are two; in substance, one. They both stand under all the States; and, 3d, To offer what would operate as the same solemn obligation to promote, by all the powers a bounty to further emigration from those States, occa- with which they are respectively entrusted, the happiness sioning more and more lands, situated within them, to be of the people; and the people, in their turn, owe respect thrown into the market; thereby not only lessening the and allegiance to both. Maintaining these relations, there value of their lands, but draining them both of their po- should be mutual assistance to each other afforded by pulation and currency." these two systems. When the States are full-handed, and There are good men in different parts, but especially the coffers of the General Government are empty, the in the Atlantic portion of the Union, who have been in- States should come to the relief of the General Governduced to regard lightly this vast national property; who ment, as many of them did, most promptly and patriothave been persuaded that the people of the West are ically, during the late war. When the conditions of the dissatisfied with the administration of it; and who believe parties are reversed, as is now the case, the States wantthat it will, in the end, be lost to the nation; and that it ing what is almost a burden to the General Government, is not worth present care and preservation. But these are the duty of this Government is to go to the relief of the radical mistakes. The great body of the West are satis-States. fied-perfectly satisfied, with the general administration They were views like these which induced a majority of the public lands. They would, indeed, like, and are of the committee to propose the plan of distribution conentitled to, a more liberal expenditure among them of the tained in the bill now under consideration. For one, howproceeds of the sales. For this provision is made by the ever, I will again repeat the declaration, which I made bill to which I will hereafter call the attention of the Se- early in the session, that I unite cordially with those who nate. But the great body of the West have not called for, condemn the application of any principle of distribution and understand too well their real interest to desire, any among the several States, to surplus revenue derived from essential change in the system of survey, sale, or price of taxation. I think income derived from taxation stands the lands. There may be a few, stimulated by demagogues, who desire change; and what system is there, what Government, what order of human society, that few do not desire changed? a upon ground totally distinct from that which is received from the public lands. Congress can prevent the accumulation, at least, for any considerable time, of revenue from duties, by suitable legislation, lowering or augmenting the imposts; but it cannot stop the sales of the public lands, without the exercise of arbitrary and intolerable power. The powers of Congress over the public lands are broader and more comprehensive than those which they possess over taxation, and the money produced It is one of the admirable properties of the existing system that it contains within itself, and carries along, principles of conservation and safety. In the progress of its operation, new States become identified with the old, in feeling, in thinking, and in interest. Now, Ohio is as sound as any old State in the Union, in all her views re-by it." lating to the public lands. She feels that her share in the This brings me to consider, 1st, the power of Congress exterior domain is much more important than would be an to make the distribution. By the second part of the third exclusive right to the few millions of acres left unsold section of the fourth article of the constitution, Congress within her limits, accompanied by a virtual surrender of "have power to dispose of, and make all needful rules her interest in all the other public lands of the United and regulations respecting the territory or other property States. And I have no doubt that now, the people of the of the United States." The power of disposition is pleother new States, left to their own unbiassed sense of nary, unrestrained, unqualified. It is not limited to a equity and justice, would form the same judgment. They specified object or to a defined purpose, but left ap SENATE.] Public Lands. [JUNE 20, 1832. plicable to any object or purpose which the wisdom of expended? It comes into the common treasury, and is Congress shall deem fit, acting under its high responsi- disbursed for the common benefit, without exception of bility. The Government purchased Louisiana and Florida. May it not apply the proceeds of lands within those countries to any object which the good of the Union may seem to indicate? If there be a restraint in the constitution, where is it--what is it? any State. The bill only proposes to substitute to that object, now no longer necessary, another and more useful common object. The general application of the fund will continue under the operation of the bill, although the particular purposes may be varied. The equity of the proposed distribution, as it respects The uniform practice of the Goverment has conformed the two classes of States, the old and the new, must be to the idea of its possessing full powers over the public manifest to the Senate. It proposes to assign to the new lands. They have been freely granted, from time to time, States, besides the five per cent. stipulated for in their to communities and individuals, for a great variety of pur-several compacts with the General Government, the furposes. To States for education, internal improvement, ther sum of ten per cent. upon the nett proceeds. Assum public buildings; to corporations for education; to the deaf ing the proceeds of the last year, amounting to $3,566,127 94, and dumb; to the cultivators of the olive and the vine; to as the basis of the calculation, I hold in my hand a paper pre-emptioners; to General Lafayette, &c. |[Appendix, A.] which shows the sum that each of the The deeds from the ceding States, far from opposing, seven new States would receive. They have complained fully warrant the distribution. That of Virginia ceded of the exemption from taxation of the public lands sold by the land as "a common fund for the use and benefit of the General Government for five years after the sale. If such of the United States as have become, or shall be- that exemption did not exist, and they were to exercise come, members of the confederation or federal alliance the power of taxing those lands, as the average increase of the said States, Virginia inclusive." The cession was of their population is only eight and a half per cent. per anfor the benefit of all the States. It may be argued that num, the additional revenue which they would raise would the fund must be retained in the common treasury, and only be eight and a half per cent. per annum; that is to say, thence paid out. But, by the bill reported, it will come a State now collecting a revenue of $100,000 per annum into the common treasury; and then the question how it would collect only $108,500, if it were to tax lands reshall be subsequently applied for the use and benefit of cently sold. But, by the bill under consideration, each of such of the United States as compose the confederacy, is the seven new States will annually receive, as its distrione of modus only. Whether the money is disbursed by butive share, more than the whole amount of its annual the General Government directly, or is paid out, upon revenue. some equal and just principle, to the States, to be disbursed by them, cannot affect the right of distribution. If the General Government retained the power of ultimate disbursement, it could execute it only by suitable agents; and what agency is more suitable than that of the States themselves? If the States expend the money, as the bill contemplates, the expenditure will, in effect, be a disbursement for the benefit of the whole, although the several States are the organs of the expenditure; for the whole and all the parts are identical. And whatever redounds to the benefit of all the parts, necessarily contributes, in the same measure, to the benefit of the whole. The great question should be, is the distribution upon equal and just principles? And this brings me to consider, 2d. The terms of the distribution proposed by the bill of the Committee on Manufactures. The bill proposes a division of the nett proceeds of the sales of the public lands among the several States composing the Union, according to their federal representative population, as ascertained by the last census; and it provides for new States that may hereafter be admitted into the Union. The basis of the distribution, therefore, is derived from the constitution itself, which has adopted the same rule, in respect to representation and direct taxes. None could be more just and equitable. It may be thought that to set apart ten per cent. to the new States, in the first instance, is too great a proportion, and is unjust towards the old States. But it will be recollected that, as they populate much faster than the old States, and as the last census is to govern in the apportionment, they ought to receive more than the old States. If they receive too much at the commencement of the term, it may be neutralized by the end of it. After the deduction shall have been made of the fifteen per cent. allotted to the new States, the residue is to be divided among the twenty-four States, old and new, composing the Union. What each of the States would receive, is shown by a table annexed to the report. Taking the proceeds of the last year as the standard, there must be added one-sixth to what is set down in that table as the proportion of the several States. If the power and the principle of the proposed distribu tion be satisfactory to the Senate, I think the objects can not fail to be equally so. They are education, internal improvements, and colonization--all great and beneficent objects-all national in their nature. No mind can be cultivated and improved; no work of internal improvement can be executed in any part of the Union, nor any person of color transported from any of its ports, in which the whole Union is not interested. The prosperity of the whole is an aggregate of the prosperity of the parts. But it has been contended, in the land report, that the revolutionary States, which did not cede their public lands, The States, each judging for itself, will select, among the ought not to be allowed to come into the distribution. objects enumerated in the bill, that which comports best This objection does not apply to the purchases of Louisi- with its own policy. There is no compulsion in the choice. ana and Florida, because the consideration for them was Some will prefer, perhaps, to apply the fund to the expaid out of the common treasury, and was consequently tinction of debt, now burdensome, created for internal incontributed by all the States. Nor has the objection any provements; some to new objects of internal improvement; just foundation, when applied to the public lands derived others to education; and others again to colonization. It from Virginia and the other ceding States; because, by may be supposed possible that the States will divert the the terms of the deeds, the cessions were made for the use fund from the specified purposes; but against such a misand benefit of all the States. The ceding States having application, we have, in the first place, the security which made no exception of any State, what right has the Gene- arises out of their presumed good faith; and, in the second, ral Government to interpolate in the deeds, and now create the power to withhold subsequent, if there has been any an exception? The General Government is a mere trus- abuse in previous appropriations. tee, holding the domain in virtue of those deeds, accord- It has been argued that the General Government has no ing to the terms and conditions which they expressly de- power in respect to colonization. Waiving that, as not scribe; and it is bound to execute the trust accordingly. being a question at this time, the real inquiry is, have the But how is the fund produced by the public lands now States themselves any such power? for it is to the States [SENATE. that the subject is referred. The evil of a free black tion of it by the will of the whole, for the advantage of population is not restricted to particular States, but ex- the whole, it may be transmitted, as a sacred and inestimatends to, and is felt by, all. It is not, therefore, the slave ble succession, to posterity, for its benefit and blessing for question, but totally distinct from and unconnected with ages to come. it. I have heretofore often expressed my perfect convic tion that the General Government has no constitutional power which it can exercise in regard to African slavery. That conviction remains unchanged. The States in which slavery is tolerated, have exclusively in their own hands the entire regulation of the subject. But the slave States differ in opinion as to the expediency of African colonization. Several of them have signified their approbation of it. The Legislature of Kentucky, I believe unanimously, recommended the encouragement of colonization to Congress. Should a war break out during the term of five years that the operation of the bill is limited to, the fund is to be withdrawn, and applied to the vigorous prosecution of the war. If there be no war, Congress, at the end of the term, will be able to ascertain whether the money has been beneficially expended, and to judge of the propriety of continuing the distribution. Three reports have been made on this great subject of the public lands, during the present session of Congress, besides that of the Secretary of the Treasury at its commencement-two in the Senate, and one in the House. All three of them agree, first, in the preservation of the control of the General Government over the public lands; and, second, they concur in rejecting the plan of a cession of the public lands to the States in which they are situated, recommended by the Secretary. The Land Committee of the Senate propose an assignment of fifteen per cent. of the nett proceeds, besides the five per cent. stipulated in the compacts (making together twenty per cent.) to the new States, and nothing to the old. The Committee on Manufactures of the Senate, after an allotment of an additional sum of ten per cent. to the new States, proposes an equal distribution of the residue among all the States, old and new, upon equitable principles. The Senate's Land Committee, besides the proposal of a distribution, restricted to the new States, recommends an immediate reduction of the price "of fresh lands to a minimum of one dollar per acre, and to fifty cents per acre for lands which have been five years or upwards in market." The Land Committee of the House is opposed to all distribution, general or partial, and recommends a reduction of the price to one dollar per acre. And now, Mr. President, I have a few words more to say, and shall be done. We are admonished by all our reflections, and by existing signs, of the duty of communicating strength and energy to the glorious Union which now encircles our favored country. Among the ties which bind us together, the public domain merits high consideration. And if we appropriate, for a limited time, the proceeds of that great resource, among the several States, for the important objects which have been enumerated, a new and powerful bond of affection and of interest will be added. The States will feel and recognise the operation of the General Government, not merely in power and burdens, but in benefactions and blessings. And the General Government, in its turn, will feel, from the expenditure of the money which it dispenses to the States, the benefits of moral and intellectual improvement which accompanied the report of the Senate's Committee of the people, of greater facility in social and commercial on Manufactures, showing the distributive share of each intercourse, and of the purification of the population of State. Since that table was constructed, it has been asour country, themselves the best parental sources of na- certained that the proceeds of the public lands last year tional character, national union, and national greatness. were upwards of three and a half millions of dollars. ConWhatever may be the fate of the particular proposition sequently, one-sixth should be added to the amount estinow under consideration, I sincerely hope that the atten- mated for every State, in the following table, to show what tion of the nation may be attracted to this most interesting each State would receive, on the supposition that the prosubject; that it may justly appreciate the value of this im- duce of the public lands for succeeding years will equal mense national property; and that, preserving the regula- the last.]--Editors of the Register. SENATE.] Patents.-Pension Duties.--Internal Improvements. [JUNE 21, 22, 1832 Statement showing the dividend of each State (according to The amendment reported by the Committee on Penits federal population) in the proceeds of the public lands, sions, giving a discretion to the President to make the after deducting therefrom fifteen per cent. as an addition-transfer, if he should think it necessary, was negatived. al dividend for the States in which the public land is situ PATENTS. 410,128 29 68,389 59 288,176 64 15,202 93 86,756 89 218,793 82 136,758 45 97,270 51 91,880 52 56,116 22 23,591 19 36,702 95 133,662 21 132,928 77 200,063 54 73,329 59 33,593 25 27,879 68 The question was then taken on the third reading of the resolution, and decided as follows: YEAS.-Messrs. Bibb, Chambers, Dallas, Ellis, Ewing, Forsyth, Frelinghuysen, Hendricks, Hill, Holmes, Kane, King, Marcy, Poindexter, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Sprague, Tazewell, Tipton, Tomlinson, Tyler, Waggaman, White, Wilkins.-28. NAYS.-Messrs. Bell, Benton, Brown, Clay, Clayton, Foot, Hayne, Knight, Mangum, Miller, Moore, Naudain, Webster.-13. The resolution was then read a third time, and 'passed. Mr. HAYNE submitted a resolution to amend the rules of the Senate, so as to make a motion to strike out and insert not a divisible motion, &c. INTERNAL IMPROVEMENTS. On motion of Mr. WILKINS, the Senate then proceeded to consider the act making appropriations for certain internal improvements for 1832. The question pending being on the motion of Mr. FOESYTH to strike out the clause appropriating 30,000 dollars for the improvement of the navigation of Cumberland river, Mr. CLAY said that he had proposed to make some remarks on this question; but he had not sufficiently recovered his articulation to say more than that he hoped the amendment would be negatived. He said that, as the Cumberland river runs through the States of Tennessee and Kentucky; as Kentucky had received no favors of this kind from the General Government, the Maysville road appropriation having been vetoed; and as the port of Nashville was of the utmost importance, and was situated on this river, which was one of the finest streams of the West, he hoped the Senate would reject the amendment. The nature of the obstruction is so well known, that a previous survey could not be necessary. Mr. WEBSTER stated that the gentleman from Georgia had put this on the ground of a test question, and that, if this motion prevailed, he would move afterwards to strike out other provisions of the bill. He wished to know what the other provisions were. Mr. HAYNE suggested other points on which he desir ed information. What was the amount of the appropriThe VICE PRESIDENT laid before the Senate a re-ations contained in this bill? Would these appropriations port from the Commissioner of the General Land Office, be sufficient to finish the works for which they are re. in obedience to a resolution calling for the number of quired? What was the amount required for new works' patents for land which are waiting for the signature of He expressed his satisfaction that the question was now the President, and the cost of each patent. [The report states the number of patents to be 10,590; and the cost of those which are written in the office at fifty-three cents, and of those written out of the office at thirty-nine cents each.] On motion of Mr. TIPTON, the Senate then proceeded to the consideration of executive business, [with a view, as he intimated, of acting on the nominations of officers for the newly created regiment of mounted gunmen.] FRIDAY, JUNE 22. PENSION DUTIES. fairly and solemnly made. He was of opinion that, if the Cumberland river, a new work not surveyed, was to be cleared by a national appropriation, every outlet and river of the Union could be cleared at the expense of the Unit ed States. After that was done, the Government would be called on to make roads from one watercourse to another. Mr. FORSYTH replied that there were three new works embraced in this bill. There was, first, an appropriation for the Arkansas river of 15,000 dollars. There was, secondly, the appropriation of 30,000 dollars for the Cumberland river; and the third was an appropriation of 20,000 dollars for repairing a road in the Territory of Ar kansas. He had thought there were four objects, but he discovered that the fourth (the Savannah river) was not a new work. The appropriations, as the bill stands, amount to 1,100,000 dollars. Some of the objects would require Some discussion took place on the necessity for this additional appropriations, and some additional ones to a transfer; and it was stated that the measure was proposed considerable amount. He repeated that it was his object at the suggestion of the head of the Pension Bureau in the to get a decision that no new works should be embraced War Department, and that the object was to give an op-in this bill, as there was another bill into which they might portunity for the formation of a new bureau in that de-be interwoven. partment. The resolution from the House, transferring the duties imposed by the pension bill from the Secretary of the Treasury to the Secretary of War, was taken up. Mr. WEBSTER said the proposition was to strike out the appropriation for clearing out the obstructions to the navigation of the Cumberland river. As a local object, he had no knowledge of the matter. But he was not prepared to admit the principle that no measure in which there had not been a previous appropriation ought to be embraced in the bill; or that a work should be excluded merely because there had been no survey. He had no objection to the appropriation, therefore, on that score. His vote would be governed by the information he should receive from those who were best acquainted with the matter, as to the importance of the work itself. The gentleman from Tennessee could give this information. This object is connected with two States, and, if the gentlemen from these States differ as to the expediency of the appropriation, it might be a reason for further reflection. He wished to hear from Tennessee on the subject. [SENATE. Mr. MILLER moved to lay the bill on the table; and on this motion the yeas and nays were ordered. The question was then taken, and decided as follows: YEAS.--Messrs. Bibb, Brown, Ellis, Forsyth, Grundy, Hayne, Hill, King, Mangum, Miller, Moore, Tazewell, Troup, Tyler, White.-- 15. NAYS.--Messrs. Bell, Benton, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, Johnston, Kane, Marcy, Naudain, Poindexter, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, Wilkins.--29. Some further discussion then took place, in which Mr. The question was then taken on the motion of Mr. Mr. GRUNDY regarded the Cumberland river as next in importance to the Mississippi and the Ohio rivers. The Kentucky river he considered as of trifling importance in comparison with the Cumberland. The Tennessee river was of minor importance. So far as the national import-White.-20. ance of the river could govern his vote, he was disposed NAYS.--Messrs. Benton, Bibb, Chambers, Clay, Clayto yield. He then stated that the obstructions to the Cum-ton, Dallas, Ewing, Frelinghuysen, Grundy, Hendricks, berland river were the Dover shoals and the Muscle Holmes, Johnston, Kane, Naudain, Poindexter, Prentiss, shoals. The latter, situated forty miles below Nashville, Robbins, Robinson, Ruggles, Seymour, Silsbee, Sprague, were the most formidable. He then took a view of the Tipton, Tomlinson, Webster, Wilkins.--26. importance of Nashville as a port and a commercial depot; So the amendment was negatived. and stated that, if any case ought to be taken where no survey had taken place, it ought to be th s; and he was prepared to give his vote in favor of the appropriation, whenever the question should be taken. Mr. WHITE did not exactly concur with his colleague in his estimate of the importance of the Cumberland river. He himself considered several streams in the West as equal or superior in importance. Mr. GRUNDY explained, and was followed by Mr. TYLER, who wished to know where the line was to be drawn between a national and a local work. If the criterion was to be that a river or a road ran through two States or one State, whether it was to be a river of one hundred miles or of fifty miles; and whether there was to be a distinction between great national and little national works. Mr. FORSYTH moved to amend the bill by inserting an appropriation of four thousand five hundred dollars for the improvement of the harbor and river of St. Marks, in Florida. The motion was agreed to. Mr. WHITE then moved to lay the bill on the table. Mr. CLAYTON requested the gentleman to withdraw his motion, to afford him an opportunity for a few remarks. Mr. WHITE withdrew his motion. en Mr. CLAYTON then drew the attention of the Senate to the situation of many of the public works, wh ch were delayed by the very extraordinary hes tation of Congress in passing this bill, and particularly to the strong necessity of inimed ate action on the subject of an appropriat on to continue that most important national work, the Mr. WEBSTER expressed his sent ments in opposition Delaware breakwater. This and all similar appropriato the practice of measuring national objects by furlongs, tions had usually heretofore been passed at a much earlier roods, and perches, and of carrying a measuring st ck by period of the session, and the delay of them until midthe side of the streams for which appropriations were summer had now created the most serious embarrassasked. He stated that he was once asked why he had ments, both to the people who had been engaged in furvoted for a liberal appropriation for the harbor of Mobile.n.shing stone for the breakwater, and others, and also to He replied by pointing to a statement of the loss of a Bos the Government itself. Increase of the expense, and ton vessel, of the value of 30,000 dollars, on the Mobile great embarrassment in drawing the industry which it bar; and thus finding that the interest felt in this improve-had employed since its commencement from new ment was national, and not local. He insisted that the citi-gagements back to the former employment, would be zens of Massachusetts were as much interested in every the consequences of this delay. He referred to most snag which was taken out of the Mississippi, and every old pressing solicitations which he had received during the tree removed from the Ohio. The State of Delaware was session from various quarters, urging the necessity of this not so much interested in the breakwater at the mouth of appropriation, and concluded with some remarks on the her bay, as was the State of Massachusetts; and it being a great national importance and utility of the breakwater, work of this national charater, it was not to be expected and by urging the passage of the bill without further prothat Delaware, or New Jersey, or Pennsylvania, would crastination. He hoped the gentleman from Tennessee expend the amount of its construction. He stated that the would see the propriety of not renewing his motion to lay proposition of a new and grinding tax, of a system of it on the table. grievous oppression--the march of an army, the sweep of a pestilence, the approach of death, could not be spo ken of with more horror than was a proposition to open a road, or make a canal, in this House. As this was a work for the common benefit, it ought to be paid for at the common charge. Having gone so far in support of the system of intern improvement, he was not now disposed to retrace his steps. After a few words from Mr. HOLMES, Mr. JOHN- Mr. WHITE withdrew his motion. Mr. CLAY then moved to amend the bill by inserting "For removing obstruct ons and further improving the navigation of James river, below the city of Richmond, in the State of Virginia, one hundred and twenty thousand dollars." In offering the amendment, Mr. CLAY adverted to the memorial presented on this subject a few days since. signed by the most respectable, the elite of the city of Richmond. A survey had been made by Mr. Crozet. |