MAY 20, 1830.] Mr. Foot's Resolution. [SENATE. cording to the trust. When that degree of corruption ing on subjects exclusively within the legislation of the which is supposed takes place in a State, from that mo- States; nor of legislating exclusively on objects as to which ment that State is doomed to the misrule of anarchy for a the States have a right of concurrent legislation. No; not while, to be followed, and quickly, too, by the iron rule of one instance in the whole history of the Government. Addespotism; and nothing human, nothing human, I repeat, mitting, then, if you please, that the States have a right of can stay the hand of its destiny; nothing short of Omnipo- self-defence as to their independent rights, it will be time tence himself, and His almighty arm, can stay it. When that enough to determine what is to be done when the necessiday shall arrive, the day that shall witness such a degree of ty of such defence shall arise; that is, when the General corruption in the whole body of our public administration, Government shall usurp the power of legislating upon obit will argue a correspondent degree of corruption in the jects exclusively within the State legislation, or the power whole body of the people; and then we shall have no rea-of legislating exclusively upon objects as to which the son to talk about State rights, nor any rights; all, all, every States have a right of concurrent legislation. If that time right, State and national, will be buried, or hastening to shall ever come, when the General Government, in all its their burial in the same common grave; on that grave we branches, shall be so corrupt and abandoned as to conspire shall see planted the standard of despotism, unfurling its to usurp this power, (and to usurp it they must all conensigns to the breeze, and waving in triumph over the spire,) and to strip the States of these rights, and shall atburied rights of the nation. A gigantic tyranny, with his tempt to establish the usurpation, then let the States deiron sceptre, will then crush this young and rising world. fend themselves; let them resist the attempt, and to the The wide earth will feel the calamity, and bewail the ex-death, for then the compact will indeed be dissolved; then tinction of the last best hope of human kind. Thence I the question will be a question of force, between the ophold, that State rights and national rights are inseparably pressor on the one side, and the oppressed on the other, bound together in one common bond of fate; together to and the sword must decide it. live, or together to perish: The right of self-defence, by this appeal to force, is the "That one faith, one fame, one fate shall both attend.” right of every people, in the last resort, under every form For, observe, the States and their independent rights can of government, whether single or confederate. In both, only be assailed through the legislation of Congress; there there is a line where forbearance with the Government. the tyranny is to begin; there the law, which is to usurp ceases to be a duty, and where the right of resistance beand engross the appropriate favor of the States, is to begins--in single governments, with the people, and in conpropounded and passed; which law the Judiciary is to sus-federate, with the States. In single governments, this line tain, and the Executive to carry into effect. Now all the may not be distinctly marked, and made visible to the eye, members of the Legislature in both branches of Congress, and then is to be determined rather by feeling than the unthey who are to make this law, which is to begin this usur- derstanding; but in a confederate government it may be dispation and tyranny, come from the people-shortly to re-tinctly marked, and made palpable to the understanding. turn to the people, and are themselves a part of the And in ours it is so; in ours it is the line which has been inpeople. Now, who is the man, where is the man so infatuated dicated; the line which separates the independent rights of as to give his vote for such a law? It would be in him an the States from the powers of the General Government; and act of political suicide--it would be an act of treason to which independent rights are obviously those, and those only himself as well as to his country-it would be an act of which lie within the limits which have been defined. For self immolation, and without motive. Unless he gave it as all other rights, and which are called State rights, are as a conspirator against the liberties of his country. obviously the common rights of the nation, and not the peWhere then is the danger to the States and their inde-culiar and independent rights of the State. If an act of the General Government shall exceed its aupendent rights from the power of the General Government, admitting it to be what it has been explained to thority under the constitution, but which act does not inbe, and irresistible? It is in fact no where to be found but fringe any independent State right, that is the concern of in our imaginations; and in the supposition and picture of the nation, not of any State in particular, any further than incredible cases. It appears to me that our jealousies on as it is part of the nation; and to judge of that act is no this head arise from the indistinctness of our notions as to more a State right than it is an individual right. For inState rights; from confounding things different in their na-stance, suppose the Government exceeds, or is supposed ture, things distinguishable and which ought to be distin- to exceed, its authority in the exercise of the treaty-makguished; in a word, from mistaking the common rights of ing power; and suppose the purchase of Louisiana to be the nation for the peculiar rights of the States. that instance, (and this was the opinion of some,) surely State rights, as understand them-I mean the rights no State independent right was infringed by this act. No which the States retain and possess, and exercise indepen- State, therefore, as a State, had any more right to judge dently of the General Government--consist in the right of and determine upon the unconstitutionality of the act, than legislating exclusively on certain objects within the State; any individual had. It was the concern of all, and of all and in legislating not exclusively, but concurrently with equally. It was the whole people's business; and it was the General Government on certain other objects within the business of their constituted authorities to determine the State. That these State rights are limited to these it. The same may be said of the admission of Louisiana, limits of legislation, to these objects of exclusive and con-as a State, into the Union, which was also deemed by some current legislation; that the right of State jurisdiction is an unconstitutional act; and so of other acts of the like kind. limited by these limits of legislation; and that the power of Again: if an act of the General Government exceeds its the State Executive has the same limits. If this be a cor- authority, but does not infringe any State independent rect definition of the limits of the independent rights right, but does infringe the right or rights of individuals, of the States, (and, if it be not, let any one show any other that is an affair between the individual and the General GoState right not included within those limits, and I will vernment. Surely it is not a State right to adjudicate that abandon the inference which I am going to deduce there- affair, and redress that individual. For, by the compact, from)-I say, if this be a correct definition of the limits of that affair is to be adjudicated under the authority of the State rights, independent of the General Government, it General Government; the redress is to come from that auwill follow, that all this clamor against the General Go-thority; and, by the compact, a State has nothing to do vernment, on the subject of State rights, is entirely with- with it. And were the State to interfere, it would be a out foundation. For no instance can be cited in which manifest usurpation of power, far from being the exercise the General Government has usurped the power be- of a State right. longing to the States; that is, the power of legislat- So as to ali acts in prosecution of, or in furtherance of SENATE.] Mr. Foot's Resolution. [MAY 20, 1830. any schemes of national policy which may be deemed to tiful and almost boundless country; this splendid patrimobe unauthorized by the constitution, but which do not in-ny of our fathers; this, if we are wise, still more splendid fringe any independent State right, these are to be judged inheritance of our children, and of their children, down to of and determined by the nation and the national authori- the latest generations of pur posterity; as to all that it now ties. No State has any thing to do with the adjudication, is, and as to all that we hope it may be; all, all is put to any further than as it makes a part of the nation, and speaks hazard by the hazard of this Union. And to talk of calcuthrough the constituted authorities of the nation. lating the value of the Union! as if it could be counted in dolIn a word, I am confident that no one act of the Govern- lars and cents--a value which no power of numbers can exment, of any class which has been complained of as uncon-press, no stretch of imagination can embrace, and which bafstitutional, will be found, on examination, to touch any one fles every effort of the mind to comprehend in its magnitude! independent State right; and that in every instance it will This happy work of our Union, consummated by our be found that it is the national right only, if any, that has happy constitution, I am wont to consider as the offspring been affected. of something more than human wisdom, great as that wisBut are not these national rights as important to the na-dom was in its founders and framers: for, as we are taught, tion, as the State rights are to the States? I agree that "there is a spirit in man, and the inspiration of the Almighthey are. ty giveth it understanding." And I believe (I hope not Now, suppose acts of the National Government to be superstitiously, but piously) that it was manifest in that violations of the constitution, but not violations of the State work. I believe it a providential event, marking the dirights, and therefore the common concern of the nation, vine favor on this favored land; and, of the many marks of and not the peculiar concern of any State, what is to be that favor to be noted in our short but eventful history, I done, and what is the remedy? I answer, the remedy lies believe that to be the most signal. with the nation. The law says it is unconstitutional; let the The Union! I am wont to consider it as the guardian law be repealed; the nation has the power to repeal it; angel of this country, commissioned by the Almighty to their elections give them this power; or let the National preside over her high destinies, and to lead her on to their Judiciary say it is unconstitutional, and then it is repealed. fulfilment to a glory, as I fondly believe, that eye hath not But, suppose the Judiciary will not say it is unconstitution-seen, of which the car hath not heard; in whose blaze the al, and the nation will not have it repealed. What, then, master States of the world will be lost, as stars are lost in is the remedy? I answer, there is none, and that there the blaze of the noontide sun. And to talk of calculating ought to be none; for then it is a national question, settled the value of this Union! by the nation, by a majority against the minority; and the law is to be deemed and taken to be constitutional; it must be so, unless you deny that great principle of all society, that a majority is to govern, and maintain that dis- What would be the new state of things if this Union organizing principle, that a minority is not to submit to should be broken up, we cannot exactly know; but what the will of the majority. Well, if not to submit, what it may be, it is easy to imagine. Whether broken up into then? Why then to separate, for there can be no other separate confederacies, or into isolated sovereignties, the remedy. What follows? Why, that a minority of that evils would be equally certain and equally appalling. To minority, in a similar case, and which must happen, is also to separate; and the majority of that minority is in the same situation, and must go on with the same process, both dividing and subdividing, till the society itself is destroyed, or fitted up into family clans. It may assist us to form some estimate of this value, though very inadequate, by endeavoring to form some esmate, though equally inadequate, of its loss. state a few of the most prominent, and but to hint at these: The Union, which now is their strength, would be lost and gone; their weakness would render them defenceless against a foreign power; wars among themselves, sooner or later, would become inevitable; burthens would be fearIf a minority is not to submit to a majority, and if sepa- fully increased, while the means of meeting them would ration is to be the remedy for difference of opinion, and be as fearfully diminished; privations of all sorts would these the consequences of separation, the remedy is infi-be grievously multiplied; standing armies would be nitely worse than the evil; for it is to destroy the very be- the consequence of wars and the danger of subjugation, ing of society; to remedy an evil which is necessary to and the loss of liberty the consequence of standing armies. all society; namely, the evil of difference of opinion. This dreadful state of things would last till, to consummate I repeat, that the remedy for all unconstitutional acts of the the misery, some fortunate ambitious chief, in consequence General Government affecting the nation lies in the power of his splendid achievements, should be able to clothe himof the nation. For it is an entire mistake to suppose, as self with the imperial purple, establish a new dynasty, and has been supposed, that the Supreme Court is the ultimate support it by his victorious legions. Now, say whether the arbiter in these cases. For though the Supreme Court value of the Union can be calculated and told in dollars and may decide a law to be constitutional which is not consti- cents, when such will be or may be consequences of its tutional, a thing, by the way, not very likely to happen, dissolution! they cannot continue the law. It rests with the nation to Mr. FOOT said that the resolution under consideration, determine whether it shall be continued, or shall be re- proposing an inquiry into the condition of the public pealed. And if the Supreme Court misinterpret the con- lands--a subject of very great and increasing interest, not stitution, a thing as unlikely to happen, it lies in the pow-only on account of their intrinsic value, but as connected er of the nation to apply the remedy, and correct the er- with the settlement, the growth, and prosperity of the ror; it lies in the power of amendment. So it is the nation, country--had been made the occasion for a debate, perand not the Supreme Court, who is the ultimate arbiter in haps as able and interesting as any which had ever engag all those cases. ed the attention of the Senate. The strong interest which If the constitutional principles which I have now at had been manifested, by the unusual attention of the pubtempted to develop, are true constitutional principles, lic mind, and the avidity with which the speeches of Senaand if I have been so fortunate as to make the develop tors had been sought and extensively read, had evidenced ment intelligible to the Senate, they will show them that the deep solicitude and intense interest which had been the constitutional doctrines to which I have alluded and ex- felt through the whole community. Nor was this matcepted are erroneous, and ought to be repudiated; and, if ter of surprise. The various and interesting topics which dangerous to the stability of the Union, that they ought to had been introduced and discussed were calculated to probe reprobated. For it is not easy even to imagine the va duce that effect. lue of that stake which we all have in the integrity of this This debate [said Mr. F.] will form a compendious hisUnion, the great States as well as the small. This beau-tory of the policy of our Government, from its commence MAY 20, 1830.] Wasp and Hornet, and is full of meaning-the Wasp never abandons the citadel; the Hornet drives the enemy from his borders." ment for a half century, its progress in the arts as well as in arms, its trials and its triumphs. It has exposed the machinations and plots which have been formed against it, and their latent causes. It has shown with what perThe resolution which the Senator compared to "Panfect ease the majesty of the laws has been maintained, and dora's box" is not yet demolished, but waiting very paNor is it considerthe constitution preserved from every insidious as well as tiently for the decision of the Senate. open attack; and has demonstrated the correctness of Mr. ed by the Senators from the West generally as "full of Jefferson's opinion, "that error may safely be tolerated evils;" and surely the Senator himself must acknowledge while reason is left free to combat it." It has disappoint- the mover has not been much moved by his attacks, and ed the hopes of the enemies of our republican form of may be assured he will decline his polite invitation to MisGovernment, and furnished additional evidence that "man souri for information. It is expected here; the resolution is capable of self-government." And, although in the asks for information; and, after the generous offer of full ardor of debate, and in the latitude of discussion, some information at Missouri, it is expected the Senate will not expressions have been used which savored too much of refuse the committee the opportunity to furnish it. To personal hostility and sectional jealousy, it has shown that prove the hostility of the East, the Senator has culled the every difference of opinion is not a difference of princi- yeas and nays for forty years--and what does he find? ple;" and that, notwithstanding all our prejudices, and all Men voting upon principle, honestly and consistentlyour jealousies, there still exists, in every section of the men who did not change with every wind: votes which country, an attachment to our free institutions, to the con- ought to make none but political trimmers and demastitution, and to the union of the States, so sincere and so gogues blush for inconsistency! And fortunate, indeed, ardent, that we may, with pride and pleasure, proclaim to will it be for that Senator, if, at some future period in the annals of this country, some ruthless hand should disturb the world--" The republic is safe!" Although this protracted debate has, in some measure, his ashes, the journals will show as much purity of intendefeated the object which induced me to offer the resolution, and patriotism, and as much consistency in his politition-which, in my opinion, was one of great importance--cal course, as has been found by him in his fruitless search still I can say, with the utmost sincerity, it causes no re- for evidence of hostility to "his West-his country-not gret. Much valuable information has been elicited in re- mine." But, sir, where does he find hostility to the West? lation to the public lands, and a rich fund' in relation to Where was "his West?" where was Missouri, when those Where would the genius, the structure, and policy of the Government, votes were given? A Spanish Province. which will be invaluable to the rising generation and to Missouri have been, if Mr. Jefferson's advice had been posterity. It will be my main purpose, in pursuance of the followed, "to shut up the West-to prohibit any whites original design, to defend the resolution and myself from to settle north of Arkansas river, and to reserve it for the some attacks made at the commencement of the discussion, Indians?” and to urge its adoption. But the Hartford Convention, ayc, the Hartford ConvenThe Senator from Missouri, [Mr. BENTON] when the re-tion! Here was hostility to the West! Although the solution first came up for consideration, declared, "It is Senator has excepted me from any participation in the time to make a stand, to face about, and to fight a deci- Hartford Convention, I have only to say, the people of sive battle for the West!" And, sir, he entered the field New England themselves have settled that business, by with his bloody standard, with this motto-"War to the giving the authors and abettors leave to retire to private knife, and the knife to the hilt!" With this tremendous life, where they will remain, unless the Senator or his po"yell," and such "notes" of "preparation," what were litical friends call them from their dignified retirement. One word to the Senator from South Carolina, [Mr. we to expect? Our only alternative was desperate resistance or indiscriminate butchery!" I suppose we are to HAYNE] who knows but little of the republicanism of New conclude the decisive battle has been fought. The Sena- England, if he places any of the Essex Junto at its head, tor kept up a brisk fire for four days, besides some skir-and who has also made a furious attack upon the federalmishing with the "outposts" for several succeeding days. ism of New England. If the republicans of South CaroThe firing has now ceased on the part of the assailant, lina will make the same disposition of their rash and imand with it a "clamorque virum, clangor que Tubarum." prudent men as the republicans of New England have What has been the result of his attack upon the resolution, or the mover of the resolution? or upon the Middle States, or the citadel of New England? It would, perhaps, be considered rather unkind to quote upon him "Montes parturiunt," &c.; but, sir, it can give him no offence to quote an expression of his friend from South Carolina, [Mr. HAYNE] "he has been driven back discomfited!" especially since he gave public thanks to the "generous South" for the tariff. Her own She done of those among them, the union of the States will be in no danger. Sir, I do not find that New England has suffered much in this contest; few laurels have ever been gained in that section by her enemies; whether savage or civilized, internal or external, she never has asked or received much assistance from her sister States. resources have been abundant in every emergency. has borne her full share of public burthens and sufferings. The blood of her sons has flowed freely in the defence of It is probable the Senator had never heard the deriva- other parts of the Union, and their bones are whitening tion of the term Yankee, when he attacked the "Univer- on almost every battle ground. She yields to none in liShe sal Yankee Nation." That he may understand better the beral and generous sacrifices in her country's cause. character of those people in any future contest, I will give is attached strongly to the Union; her children are in evehim its origin, so far as it has come to my knowledge. ry State; she feels no hostility or jealousy to any part of Tradition says that, during the Revolutionary war, two the Union; she seeks the common good; and sees, "more citizens of Connecticut were sent to New York to nego-in sorrow than in anger," the various attempts to excite tiate an exchange of prisoners. At the table of the com- prejudice against her; but she relies with full confidence mander of the British army, where these gentlemen were on her own consciousness of rectitude and strict justice to invited to dine, (not, however, for any votes they had gi- others, and asks nothing more than a kind return of reciven,) the term "Yankee" was overheard in an under tone. procal good feeling and confidence. But, sir, to such as Lord Howe, in a pleasant manner, asked these gentlemen are disposed to excite these sectional jealousies, I will the meaning of the term "Yankee," which he had heard only recommend a careful perusal of Washington's Fareat his table, (casting a look of reproof and censure up-well Address, and leave them to the "gnawings of their on some young officers from whom it came.) The reply own conscience," and the execrations of all good men. was--"It is derived from two Indian words, signifying This resolution proposes an inquiry into the condition SENATE.] Mr. Foot's Resolution. The Senators have seen fit to charge, not only on me, but upon the section of the country in which I reside, hostility to the Western States, and various attempts to prevent emigration to the West: and the Senator from Missouri [Mr. BENTON] promised to "trace the progress of these measures to check emigration for forty-four years!" How has he redeemed his pledge? He has gone back far beyond his own experience or mine; and, sir, I think he has found it a Herculean task. We have often heard such charges from his own lips; what is the proof? does he get Mr. FooT said that, believing most fully in the doctrines it from Spain? The public mind will no longer be satisfiof a former President of the United States, "that the ac-ed with a mere repetition of such charges, often made, quisition of the public lands, made at the expense of the but supported only by repeated declarations and averwhole Union, not only in treasure, but also in blood, ments. It is not sufficient proof of these charges, for the marks a right of property in them equally extensive;" Senator to quote his own speech on the tariff, in which and that the public domain is the common property of all he says, he commented severely "on the report of the the States: and considering, also, the high responsibility Secretary, and no Senator contested the propriety of the resting on Congress, to make such a disposition of the pub-construction he put upon it." Sir, this Secretary was not lic lands as will promote the general interests of all the from New England. The tariff policy has been charged States, I proposed this resolution for the consideration of the Senate. [MAY 20, 1830. of the public lands; and "we must not even inquire," seventeen millions within the States and Territories, and says the Senator from Missouri, [Mr. BENTON;] "it is seven hundred and fifty millions without those limits; two against a high moral principle on which he stands;" and hundred and sixty-seven millions are free from the Indian this was echoed by the Senator from New Hampshire, claims, and eight hundred millions still subject to their [Mr. WOODBURY.] And pray, sir, what is this great mo. claims, of which fifty-five millions are within the limits of ral principle? "It is not right to inquire into the expe- the States and organized Territories; and will it be condiency of doing wrong." If he had said it is not right to tended that this subject is not of sufficient importance to do wrong, and would always stand on that ground, he justify, and even to demand, our attention to the managewould be entitled to much credit. Sir, the Senator has ment of this concern? boasted much of "carrying the war into the enemy's country," and he will pardon me for retaliating in such a warfare. If any thing has effectually checked the sale of the public lands, it has been his bill "for graduating the price of the public lands, and giving them to the States in which they lie." For proof of this, I appeal to the reports of the land commissioners, and to Senators living in those States—and, under this resolution, the committee may find an effectual remedy. Reject the graduating bill, and the evil is entirely removed. And although the Senator from Missouri [Mr. BENTON] has said "the West is his country, not mine-he knows it, I do not," he must allow me to press the inquiry, notwithstanding his great zeal on every question in relation to his favorite subject--the public lands. upon New England, within these walls, and throughout the Southern States. Sir, Senators on this floor certainly must know this charge is wholly unfounded. South Carolina has supported one tariff; the Middle and Western States have had their tariff. But no tariff has been supported by a majority of New England votes! It has been forced upon her. This fact is well known--the journals The Senator from Indiana, [Mr. NOBLE,] who has said, prove it--and I hope it may never again be misrepresented. "we are in possession, and we will have the land, and dis- If the Senator proposes to draw arguments from his tance shall be defeat," as well as the Senator from Mis-own speeches, he may indeed have a wide field; but the souri, [Mr. BENTON,] seemed to insinuate that I was tres-force of his arguments may not appear as great to others passing on forbidden ground. But, sir, they must remem-as to himself; and, if no Senator replies to him, does it ber, that my State, being one of the "old thirteen," has furnish full proof that his arguments are unanswerable? never quit-claimed her right and title to the public Other reasons may exist why no one should be disposed to lands; and, like a prudent parent, has not thought it ad- answer him. visable to give up all the property to the children, and The people of New England are intelligent; and it has trust to filial affection alone for support: and whatever may been said they look well to their own interests; but this is be their opinions, they must allow me the privilege of no proof of hostility to others. They consider the citi judging for myself in what way the interests of my own zens of the United States as children of one great family, State will best be promoted. Whatever may be their ob- our fathers, our children, our brothers and sisters, have ject in commencing such an attack on a harmless resolution gone to every State and Territory of this Union, and their for inquiry merely, the effect has been to increase my so- children mingle with ours in our schools and colleges. licitude for a full investigation. Nothing can excite strong-We are bound together by the strongest ties of interest, er doubts of the soundness of any principle, or raise more of affection, and of consanguinity. What possible ground suspicion of lurking mischief, than an overweening anxiety for suspicion of hostility can exist, except in a distemperto exclude the light, and veil the subject in mystery and ed imagination? darkness. And I presume every one has, by this time, One word to the Senator from Indiana, [Mr. NOBLE] become fully satisfied that this unexpected and unprece- who has said "the lands are their own, and they will have dented attack, made by them on this resolution, has pro- them, and distance shall be defeat!" I ask, where does duced a great portion, if not all the excitement raised up. he find the power, as a Senator in Congress, to vote away on this subject. Resolutions of this character, merely di- these lands? Has the State Legislature instructed or aurecting inquiry, are of such frequent occurrence, that thorized him to vote away their lands? And as to the great even when they are published in the journals, and suffer-excitement of which he speaks, if any such exists, it is ed to pass without opposition, they produce no excite- factitious: in common language, "got up for effect." ment; and the people wait for the report of the commit- And how can the Senator from Illinois [Mr. KANE] oppose tee; and why was this resolution opposed? Was any fa- this resolution, when he has attempted to prove that a vorite "graduating bill" thought to be in danger? Sir, radical and thorough change in the land system is dea full report from the committee, on the subject of the pub-sirable, if not indispensable?" Or even the Senator from lic lands, would save much useless discussion on many Missouri, [Mr. BENTON] who has been pressing his bill bills relating to the public lands, which embrace about one- "for graduating the price of public lands" for years, and half of all our legislation. In one point we all agree, that this subject is one of great and increasing interest. The quantity of public land has been estimated at more than one thousand millions of acres; three hundred and has told his constituents "he had strong hopes of carrying that favorite measure during the present session, when he expected to retire from the councils of the nation;" that is, if the newspapers tell the truth? And with respect to the Senator from New Hampshire, [Mr. WOOD MAY 20, 1830.] Mr. Foot's Resolution. [SENATE. BURY] who said "he should vote against this resolution, and forty acres; and reserves salt springs, with a township because he would do in this respect as in his own case-contiguous, and four sections at the centre of each townhe should be opposed to inquiry." I should probably ship. This act directs the immediate sale of the lands concur in the opinion that the Senator would be an un- thus surveyed, and also the land unsold in the seven ranges safe adviser; nor can I feel the force of his argument of townships surveyed under the ordinance of 20th May, drawn from Persia. But, if the Senator claims to be the 1785, and directs the mode of payment; one-twentieth at ambassador and minister plenipotentiary of all the repub- the time of sale, to be forfeited if one-half be not paid in licans of New England, (and we have witnessed his coro- thirty days, and one year's credit on the balance; declares nation with all the forms and solemnities of Papal power, all navigable rivers, public highways; and in all rivers not and heard him pronounced to be the "Peter and Rock navigable, owned by different persons, the bed and stream on which the Republican Church shall be built," by the shall be common to both. This principle has been estaSenator from Missouri,) [Mr. BENTON]--we should like to blished in relation to all lands sold by the United States. see his credentials-let him produce his commission, show By the provisions of the act of the 3d of March, 1807, the its date, by whom signed-we want to see his instructions--President is authorized to remove, by force, any person that we may know with what special mission he is charg- who shall take possession or settle upon any of the public ed; whether with a general superintendence of all the lands; and, since this discussion has commenced, he seems interests of republicans, or merely, in his own language, determined to enforce this law. "to set history right"--his own (as we may suppose) or The act of January 14th, 1812, declares that no land the history of his new republican party--their origin, sold at public sale, and reverted to the United States o their manners and customs, and the particular object of account of failure to complete the payment, shall be sol the party which has confided to him the conservation of at private sale at a less price than that for which the same all the republicanism of New England. New England is tract was sold at public sale. represented on this floor by as good a portion of real, The act of 25th April, 1812, "for the establishment genuine republicans of the old school, as any section of of a General Land Office in the Department of the Treathis Union: and he must allow me to disclaim and deny sury," forms the basis of our present land system. Some any authority vested in him to represent the republicans of the most material alterations effected by subsequent of Connecticut. The republicans of 1798 are not to be acts, will be noticed, for the purpose of affording an out"stretched on the bed of any modern Procrustes, or cut line of the present system; and the most important is in to its length;" they never have, and they never will, range the act of 24th April, 1820, “making further provision themselves under the flag of the Essex junto. Republi- for the sale of the public lands," which merits particular cans constitute a large majority, and they will not consent attention, as it produced almost an entire change in the that their number shall be circumscribed within the nar- whole system, by changing the former credit system to row limits of the supporters of this administration; nor cash sales; reducing the price of the public lands from two will they hail them all as political brethren, while the Es-dollars to one dollar twenty-five cents per acre; authorizing sex junto and ultra federalists form so great a portion of the sale of smaller tracts; and requiring that the land their forces, and receive so large a share of Executive fa- shall be offered at public sale, in half-quarter sections, or vors. They do not consider it to be sound republican eighty acres, and may be so purchased and entered at pridoctrine, to remove from office an old faithful democrat vate sale. This was an important and very beneficial proand soldier of the Revolution, to make a place for an ultra vision for the actual settler. And, as a further inducement federalist. A certain letter to Mr. Monroe revived the to the purchaser, it is expressly enacted that "no lands hopes of the federal party. That these hopes have not shall be sold, either at public or private sale, for a less been disappointed, this Chamber has furnished ample price than one dollar and twenty-five cents per acre," proof. I do not complain of this; but I do protest against pledging the faith of the Government absolutely to the such a prostitution of the republican name and character. purchaser, that the Government will not prejudice his inLet things be called by their right names; we ask no terest, by disposing of any of their lands below the price more. The Senator's favorite doctine of proscription, "that in every change of a President all the old officers, from a sense of decency, ought to retire, and, if they do not resign, they should be dismissed," is not the doctrine of the republicans of Connecticut, as their acts will show. Our motto is, in the language of Mr. Jefferson, "equal and exact justice to all, of whatever State or persuasion, religious or political." fixed by law. By the fourth section of the same act, a further provision is made for the relief and benefit of those who had purchased on credit, and whose lands had become forfeited and had reverted to the United States for non-payment of the purchase money under the former credit system, allowing them a short time to make entry upon the lands relinquished by them, and prohibiting any person to enter such lands after the 1st of July then next, The Senator from Tennessee [Mr. GRUNDY] has alluded until the same had been offered at public sale. These to Mr. Jefferson's proceedings in relation to my native provisions, with the pre-emption rights granted, have State. If the Senator will examine Mr. J.'s letter to the been always considered as affording great facilities to acNew Haven remonstrants, and his refusal to remove the tual settlers. The seventh section of this act provides collector at New London, he will find a standard by which that "no land shall be purchased on account of the Unitthe proceedings of this administration will by no means ed States, except under a law authorizing such purbear the test.The right of private opinion shall suffer chase." This is a very important provision, and it is to no invasion from me," was Mr. Jefferson's language; and be wished that it may never be violated. the wide difference between Mr. Jefferson's and the pre- It will be recollected that, previous to the passage of sent administration is, he found a monopoly of office in the act of 1820, above recited, the purchasers of the pubthe hands of one party, and the present administration lic lands, under the credit system, had become indebted seems determined to make a similar monopoly. to the United States in an amount exceeding twenty mil But, to return to the subject of the resolution. The lions of dollars. On the 2d March, 1821, Congress passfirst provision for the sales of the public lands was esta-ed the "act for the relief of the purchasers of public blished by the act of 18th May, 1796, "providing for the lands, prior to the 1st day of July, 1820," allowing to sale of the lands of the United States northwest of the those purchasers the privilege of relinquishing portions river Ohio, and above the mouth of Kentucky river." of the purchased lands, and applying the payments alThis act provides for surveying and laying off in townships ready made by instalments, to such portions of these lands of six miles square; one-half of these townships, taken, as they chose to retain; and remitted and discharged the alternately, to be subdivided into sections of six hundred debtors from the payment of all the interest which had VOL. VI.-56 |