SENATE.] Apportionment Bill. [APRIL 25, 1832. per corrections to these flowing quantities, or fluents, he answered in the affirmative, the next would be, whether, will occupy the whole space, fill up the area, and obtain a in apportioning representatives among the States "accomplete House of 250, if not upon the principles of the cording to their respective numbers,” equality among the integral calculus, at least upon the principles of arith- States did not require that one common divisor should be metic, upon the principles of justice, and upon the prin- applied to each and every State; and that, whether the ciples of the constitution. representative population was more or less, each State As to constituting a House of 251, I have but an obser- would be alike liable to lose or gain by the large or small vation or two to make: the basis of calculation adopted in fraction falling within that State. Could they, by any fair passing the bill was 250; by applying a common divisor, construction, do otherwise than answer these questions affirand rejecting the fractions, it was reduced to 240; by matively? Any other construction-any project which giving the ten rejected representatives to the States hav- shall apply more than a single divisor to fix the apportioning the larger fractions, the original basis of the calculation ment of representatives, is arbitrary; and if it shall not, in is restored: but it turns out that eleven of the States have this instance, operate to do injustice, as a general rule, it fractions greater than a moiety of the common divisor. must be bad. If the Senate shall adopt an arbitrary prin The probability was, that there should have been as many ciple, under the pretext of making representation more fractions above as under the common divisor; this is equal, and of this equality there is strong reason to doubt, the case in the calculation for a House of 256; as many for if you will calculate how much the representation will are gained as lost by fractions, which gives this number a be increased if you give to all the other States the same decided advantage, and which I should prefer, but that is ratio that the bill of the committee gives to the State of too large. As the number 251 is adding but a single mem- Delaware, you will perceive a great inequality in this ber to the House of 250, proposed as the original basis of bill--if, I say, the Senate shall adopt an arbitrary princithe calculation, it can create no inconvenience, and I trust ple, under the pretext that representation will be made will meet with no serious opposition.* more equal as to the relative population of the States, at Mr. HILL said, although the passage of the amend- what point shall we stop? If we give Delaware two ment proposed by the committee would be advantageous representatives for her 75,417 representative population, to the State which I have the honor in part to represent, while we give another State only one representative for and will give her an additional member in the House of every 50,000, may we not hereafter take different numRepresentatives, my oath to support the constitution of bers for a divisor, so as to raise or depress the representathe United States forbids my vote for this bill. It is for tion of any State agreeably to the wishes of a majority of me a sufficient objection that the proposition involves an Congress? arbitrary principle-that it applies a different rule to one The most ingenious and refined subtlety may be cover. State from that applied to another State-that, in the ed by a veil so light as scarcely to be perceptible; so does language of Washington's veto of 1792, it furnishes "no the report of your committee cover the arbitrary principroportion or divisor, which, applied to the respective ple which lurks in the bill. The merest fallacy may asnumbers of the States, will yield the number and allot-sume the appearance of an established fact; but it cannot ment of representatives proposed by the bill." be done in few words; it must be spread over a broad sur In three lines, Washington has presented a more con- face-hidden in the close columns of a newspaper, and, clusive argument against the amendment, than has been furnished in the whole course of a long and protracted debate on the other side; and his foundation has not been shaken even by the elaborate, and ingenious, and plausible report of the committee. making a solid page of brevier, it cannot be easily detect ed by the general reader. But the simple truth of a plain proposition needs little labor or elucidation. The argu ment in this case is embraced in a nutshell. The constitution says, "Representatives shall be appor I have often remarked that professional advocates, it is tioned among the several States according to their re to be presumed from the best motives in the world, ac- spective numbers." By the rule adopted in your report, quire the habit of laboring most intensely on the weakest to the State of Delaware you give two representatives points; that they leave those, whose opinions are to be for a representative population of 75,417. Apply the affected by their arguments, to be a long time in arriving same rule to the State of New York, and, for her repre at a plain conclusion, which good common sense would sentative population of 1,918,553, she must have fifty lay hold of at the first blush. This habit of laboring the representatives, with a fraction of 6,750 without a reweaker points probably results from the fact that the ad- presentative. Apply it to Pennsylvania, or any other vocate engaged in a suit where his client has not a single State, and the result has the same inequality. It does strong point, is often forced by the strong law of neces not, in fact, sity to substitute fallacy for fact. An excellent argument may be made, if the premises are only granted; and some there are who will not only assume true for false premises, but will likewise assume that these premises are admit ted. apportion the representatives among the several States according to their respective numbers," nor can it so apportion them, when the same divisor is not applied to all of the States. Apply the same rule to the population of the whole Union as this bill applies to the State of Delaware, and we shall have a House of Representatives consisting of 316 members, with a fraction remaining of 21,358. Permit me to say, sir, that a single hour's discussion in one of our common juries of intelligent farmers would have brought any twelve sensible men to unite on the If the divisor adopted in the bill which has passed the question whether fractions ought or ought not to be re- House of Representatives be not the best that could have presented in the House of Representatives. And they been chosen; if it operates injuriously, by leaving large would have arrived at this result by the simplest process fractions to some of the small States; why have not all that can be imagined. They would have first asked them- the Senators, representing small States, favored some selves the question, whether all the sovereign States of the Union did not unite in a compact of Government for certain specified objects, on equal terms. This question proposition, on the long-established and true principles of apportionment, which will make the bill more just and equal? My proposition to take 44,000 as a divisor, would have given to all of the old States their present the larger fractions, Alabama could not receive one; giving her one Vermont, and would not have increased the House of If no more than ten representatives be given to the States having number of representatives; it would have added one to must be considered as a concession, which could not have been made had it been opposed. Adding one representative to a House of 250 is Representatives beyond what the present bill proposes. changing the basis of calculation, making a new common divisor neces. Yet that proposition was voted down, and voted down, too, sary, which would give resulta different from those obtained for a I believe, by Senators from some of the small States. I House of 250, shall have discharged my duty to my State when I vote for any proposition which shall give her the present representation on the only fair principle, or which, if her representation be reduced, shall give her a small fraction. But I can never consent that the number of her representatives shall be increased by so palpable a violation of the constitution as the application of one rule to her and another rule to the other States. The question being then taken, the amendment was agreed to, as follows: [SENATE. NAYS.-Messrs. Brown, Chambers, Dudley, Ellis, Foot, Grundy, Hayne, Hendricks, Kane, King, Knight, Mangum, Marcy, Miller, Robinson, Smith, Tazewell, Tipton, Tomlinson, Troup, Tyler.--21. The question was taken on filling the blank with 251, and agreed to-yeas 27, nays 14. On motion of Mr. WEBSTER, the blanks were then filled so as to give each State the number of representatives to which it will be entitled in a House of 251 members, as follows: YEAS.-Messrs. Bell, Benton, Buckner, Chambers, Maine, 8; New Hampshire, 6; Vermont, 6; MassachuClayton, Dickerson, Ewing, Foot, Hayne, Holmes, John-setts, 13; Rhode Island, 2; Connecticut, 6; New York, ston, Knight, Miller, Moore, Prentiss, Robbins, Seymour, 40; New Jersey, 7; Pennsylvania, 28; Delaware, 2; MarySilsbee, Smith, Sprague, Waggaman, Webster.-22. land, 9; Virginia, 21; North Carolina, 13; South Carolina, 10; Georgia, 9; Kentucky, 13; Tennessee, 13; Ohio, 20; Louisiana, 4; Indiana, 7; Alabama, 6; Missouri, 3; Mississippi, 2; Illinois, 3. NAYS.-Messrs. Brown, Clay, Dallas, Dudley, Ellis, Frelinghuysen, Forsyth, Grundy, Hendricks, Hill, Kane, King, Mangum, Marcy, Robinson, Tazewell, Tipton, Tomlinson, Troup, Tyler, White, Wilkins.--22. The amendments were then reported, and concurred in. The numbers being equal, the VICE PRESIDENT The question then being on ordering the amendments stated that, after having paid the utmost attention to the to be engrossed, and the bill to be read a third time, it debate, he had come to the conclusion that the bill, as it was taken, and decided in the affirmative, as follows: came from the House, was unconstitutional, and he should YEAS.--Messrs. Bell, Benton, Buckner, Chambers, therefore feel constrained, under a sense of the deep re- Clayton, Dickerson, Ewing, Foot, Hayne, Holmes, Johnsponsibility of his situation, to give his vote in favor of ston, Knight, Miller, Moore, Poindexter, Prentiss, Robthe amendment. The amendment was therefore decided bins, Seymour, Silsbee, Smith, Sprague, Waggaman, in the affirmative by the casting vote of the Chair. Webster.-23. Mr. WEBSTER remarked that the vote was decisive NAYS.--Messrs. Brown, Clay, Dudley, Ellis, Frelingof the opinion of the Senate in regard to the amendment. huysen, Grundy, Hendricks, Hill, Kane, King, Mangum, A Senator from Delaware, who was absent, [Mr. NAU- Marcy, Robinson, Tazewell, Tipton, Tomlinson, Troup, DAIN,] was in favor of the amendment, and he was au- Tyler, White, Wilkins.--20. thorized to say that a Senator from Mississippi, [Mr. Mr. POINDEXTER introduced, on leave, a joint resoPOINDEXTER,] not in his seat when the question was lution for the employment of H. Greenough to execute taken, would have voted for the amendment. a statue of Washington, in marble, to be placed in the rotundo. Mr. HAYNE said he was in favor of fixing the number of the House of Representatives, if possible, at 240, because it was the number which the House had adopted. But as 241 would give more equality, and save the State of Kentucky from a large fraction, he would move to fill the blank with that number. The effect of the application of this number to the amendment would be to take one member from New York and give it to Vermont, and to transfer one member from Pennsylvania to Delaware. THURSDAY, APRIL 26. The apportionment bill was read a third time; and the question being on its passage, Mr. POINDEXTER stated that he had been induced to vote for this bill, because he considered it to be preMr. BELL moved to fill the blank with the number 246. ferable to that which came from the House. He looked Mr. WEBSTER was indifferent as to the number which on the Senate bill as preserving the federative principle, should be adopted here. If the House see fit to adopt and as more nearly approaching to equity than the bill the principle of the amendment, he was perfectly willing from the House. Still, although he had thus voted, he to take any number which they might prefer. He him- entertained some doubts as to the propriety of the amendself preferred 251, but he would go down to 241, or as ment of the committee, and he begged to be distinctly high as 254, if the gentlemen from Virginia wish it. I know 254 would give another representative to Virginia, and he would vote for that number if the Senators from Virginia proposed it. He should move 251. Mr. HAYNE said he should feel embarrassed in his vote, if the question was first taken on the highest number proposed. He proposed the number nearest to that which the House had proposed, and hoped the question would be first taken on the lowest number. Mr. MOORE objected to this suggestion, and spoke in favor of the highest number. He would prefer the bill from the House to the amendment, if 241 was adopted, for that number would throw a large fraction upon Alabama. Mr. CHAMBERS was willing, he said, that the number should be fixed by the House of Representatives. Mr. CLAYTON moved to fill the blank with 256, which would, he said, save all the old States from any positive losses, and would not be too large a House. After some further conversation, the question was taken on the highest number, 256, and decided in the negative, as follows: YEAS.-Messrs. Bell, Benton, Clay, Clayton, Dickerson, Frelinghuysen, Hill, Holmes, Johnston, Moore, Poindexter, Prentiss, Robbins, Seymour, Silsbee, Sprague, Waggaman, Webster, Wilkins.--19. VOL. VIII--55 understood as not pledging himself to any particular course, in case the House should refuse to sanction the principle, and should return the bill to the Senate. He reserved to himself the privilege of voting, after deeper reflection, as the convictions of his mind should direct him, without being in any way trammelled by the vote which he had given, and was now about to give. The question on the passage of the bill was then put, and decided in the affirmative, as follows: YEAS.--Messrs. Bell, Buckner, Chambers, Clayton, Dickerson, Ewing, Foot, Hayne, Holmes, Johnston, Knight, Miller, Moore, Poindexter, Prentiss, Robbins, Seymour, Silsbee, Smith, Webster.-20. NAYS.-Messrs. Brown, Dallas, Dudley, Ellis, Hendricks, Hill, King, Mangum, Marcy, Robinson, Ruggles, Tazewell, Tipton, Tomlinson, Troup, Tyler, White, Wilkins.-18. The Senate then proceeded to the consideration of executive business, and, when the doors were reopened, Adjourned. FRIDAY, APRIL 27. A resolution offered yesterday by Mr. FRELINGHUYSEN, instructing the Committee on the Library to purchase, for the Senate chamber, Rembrandt Peale's original painting SENATE.] Statue of Washington.—Revolutionary Pension Bill. [APRIL 27, 1832. of the portrait of General Washington, was taken up, and that advanced period of life, would Congress consent to read a second time. send the old soldier, hobbling with his cane, from Maine Mr. KING expressed a wish that the resolution should to Missouri, to cultivate his little tract of unimproved ter be modified so as to make it an instruction to the commit-ritory? He must either do this, or fall into the grasp of tee to inquire into the expediency of making the pur- the speculator, who would wring his little recompense chase, and to report to the Senate. from him, and give him scarcely a quarter of its value. He thought that at least a little change should be given them to pay their toll at the gate through which they would soon have to pass, or to bribe Mr. FRELINGHUYSEN stated that the instruction to purchase was not absolute, but left it to the committee to judge of the state of the painting, and the reasonableness of the price. He stated that the subject was, some years ago, before Congress; that the House had passed a reso- He further drew a distinction between the dangers of the lution, which was not acted on in the Senate, for want of revolutionary war, and those of Indian warfare. In the time. He thought it desirable now for the Senate to pur- former, the soldiers fought with a halter round their chase it. Mr. SMITH. Where will you put it? Mr. FRELINGHUYSEN replied that there would be no great difficulty in finding a place for a picture four feet by two. He then read the flattering testimonials borne to the spirit and accuracy of the likeness, by Judges Marshall, Washington, Tilghman, Peters, and others, who were intimately acquainted with General Washington. He hoped that there would be no serious opposition, and modified his resolution so as to make it merely an inquiry into the expediency of purchasing. Mr. SMITH concurred in every thing which had been said as to the excellence of the likeness. He had voted for the resolution formerly. But he knew of no place in the Senate chamber where the picture could be placed. Mr. FRELINGHUYSEN. If the honorable Senator will give me his vote, I will find a place for the picture. Mr. HAYNE added his tribute to the worth of the portrait. The resolution, as modified, was then agreed to. STATUE OF WASHINGTON. On motion of Mr. POINDEXTER, the joint resolution introduced by him, authorizing the President to employ a suitable person to execute a full length pedestrian statue of General Washington, in marble, was read a second time. Mr. SMITH considered that the cost of the statue would far exceed the appropriation of 5,000 dollars. The State of North Carolina had imported a statue of General Washington, which cost 10,000 dollars; and an agreement had been made with Mr. Persico, for two colossal statues, which were to cost 16,000 dollars. After a few words from Messrs. POINDEXTER, WEBSTER, and KING, the resolution was, on motion of REVOLUTIONARY PENSION BILL. "The grim ferryman that poets tell of.” necks; if successful, they are engaged in revolution; if unsuccessful, it was rebellion. In one case, ignominious death awaited defeat; while in the wars with the Indians there might be death, but it was death without dishonor. Mr. EWING opposed the proposition of the Senator from Illinois, chiefly for the reason that it would not extend to the objects of their munificence the benefits which Congress designed by the bill to bestow upon them; that a large part of the gift, if made in land instead of money, must fall by the way, and never reach its proper desti nation. Sir, said Mr. E., the surviving officers and soldiers of the revolution, who are intended to be embraced by this bill, are, all of them, very far in the decline of life. Those who are poor, and need this bounty, cannot, if it be given to them in land, remove to and improve it. Those who are not bowed down with poverty, but have some of the comforts of life about them where they are, will not remove. They will not, and they ought not, in their extreme old age, to abandon the homes which have become endeared to them, and their descendants who are around them, and seek a burial place in a distant land. Consequently, if land instead of money be given, it will not be occupied or retained by the soldier, but set to sale at minimum price of the public lands which are constantly in whatever price it may command. It cannot bring the the market-to get purchasers, they must sell for less than that price; thus, the nominal value of the gift would pass from the treasury of the nation, and less than that value the hands of speculators. I, therefore, said Mr. E., opreach its proper destination-the difference falling into pose the motion to recommit with these instructions. have been proposed, to include the soldiers and rangers But the merits of this bill, and of the amendments which who fought in the Indian wars prior to 1795, are, on this motion, brought into discussion. I have already made known my purpose to support this bill; and there is no one more deeply impressed than I with the debt of graOn motion of Mr. FOOT, the Senate then proceeded titude which we owe to all who, in any manner, contributed to consider the bill supplementary to an act for the relief to the achievement of our independence: but I do not at of the surviving officers and soldiers of the revolution. all detract from their merits, when I say that the courage A motion had been made to amend the bill by extend- and enterprise of those who fought our early battles ing its provisions to the officers and soldiers who had against the savages of the West, were as great-their task served in the West under Wayne, Clarke, Harmar, Ham-as arduous, and the dangers they encountered as immitramck, and St. Clair; and the question pending was on nent. They fought against mighty odds--a feeble band a motion by Mr. WHITE to amend the amendment by against an overwheming force. The chances of battle enlarging its provisions so as to embrace any tribe of In- were great against them; and if captured, a death, not, it dians who were in the service of the United States before is true, of ignominy, but of torture, awaited them: and he the year 1792. who left his home to fight in its defence, looked back Mr. ROBINSON now moved to recommit the bill, with upon it with trepidation; for though he left it in safety toinstructions to report a bill providing for the payment of day, he might return to-morrow and find it in ashes-its all the pensions given by this bill, in lands, &c. inmates massacred or led into captivity. Messrs. FOOT, GRUNDY, BELL, MANGUM, HILL, and WHITE, addressed the committee, recapitulating ar guments which had been before given in favor of, and against the bill. But, among those who fought the battles of the West, do I esteem the solitary rangers as first, for the merit and importance of their services, and most of all entitled to the gratitude of the frontier inhabitants. They went Mr. HOLMES spoke to the immediate proposition to forth, not against a known and open, but a lurking and give lands instead of money to the pensioners. He re- secret foe, in a country occupied by an enemy-a nume minded the supporters of the proposition that nearly all rous, brave, and subtle enemy. They marched, not like these individuals must be at least seventy years of age. At the soldier, to the field of battle, shoulder to shoulder, APRIL 30, MAY 1, 1832.] Second Auditor and Comptroller.--Tariff.-Public Lands. with their companions in arms, fired by a common spirit, and firm in the confidence of mutual support; but each alone, in the midst of dangers, self-dependent and selfsustained, resting upon his own inherent courage and his native energies. I, perhaps, appreciate them the more because my lot was cast, in very early life, in a situation in which I, or rather those about me, knew and felt the benefit of their protection. [SENATE. [This report states that, in the opinion of the committee, the abolition of these offices would be inexpedient, and productive of injury to the public service.] After transacting some minor business, the Senate went into the consideration of executive business, and continued with closed doors until the adjournment. TUESDAY, MAY 1. Mr. DICKERSON, from the Committee on Manufacwhich was read, and ordered to a second reading. tures, reported a bill to regulate the duties on imports; PUBLIC LANDS. The earliest scenes of which my memory retains a trace, were in a small garrison on the frontier, just before the close of the war which terminated with the victory of Wayne, and the treaty of Grenville. There was a line of petty forts, commencing at Marietta, and extending up the Muskingum river to a place called the round bottom. A band of Indians eluded the vigilance of the rangers, who Mr. KING called the attention of the Senate to the bill were too few in numbers for the protection of the exten- reported by the Committee on Manufactures, to approsive line of frontier which they had to guard. The last priate, for a limited time, the proceeds of the public lands, named station was surprised and cut off. All but three and the report accompanying it, which had been laid on persons were massacred. One only escaped, and that one the table some days ago. He wished the Senate would alarmed the neighboring garrisons, one of which was sur- now take up this bill for the purpose of referring it to the rounded, but, being on its guard, was not actually assail-Committee on Public Lands. With this view, he moved ed. I remember something of the general agitation, the to postpone the previous orders of the day, for the purpervading feeling of excitation in which even the child, pose of taking up this bill. unconscious of danger, instinctively participated. I re member, too, the joy which the regular but unfrequent return of the adventurous spy brought to the hearts and homes of those whom he guarded. And, sir, many a peril was braved, and many a deed of daring was achieved, by these adventurous men, unseen of all but the actor, and unnoticed in the annals of the times--deeds worthy to add wreaths to the brow of the proudest hero of ancient or modern days. One I will narrate: Mr. CLAY made a few remarks on the anomalous character of this proceeding. It appeared to him to be an extraordinary course. It had been usual, when any measure of importance was reported by a committee, to give the chairman of such committee an opportunity to give the views of the committee, and such explanations as were necessary for a full understanding of the measure. Now, here was one of the majority by whom the bill was laid on the table, moving to take it up, not for the purpose of A young ranger upon a scout had exhausted his rations, explanation and exposition, but to refer it to another comand, being distant from a place where he could obtain a sup-mittee, before any elucidation of the details of the bill ply, went to a spring-lick where deer resort, and placed could be made. He referred to the singular history of himself behind a blind near by, watching for game. In a this affair. When it was moved to refer the subject to short time, four Indians, armed with their rifles, came within the Committee on Manufactures, the members of that pistol shot, and stopped, without having discovered him. committee had protested, solemnly protested, against such His resolution was instantly taken: he fired, and brought reference, and had earnestly requested that it might be down his man, and sprang from his ambush and fled. The sent to the Committee on Public Lands, as the proper three remaining Indians fired, but, in the hurry and agi- committee. No, said the gentlemen on the other side; tation of the moment, fired without aim, and missed their you must take the subject into your hands; you must de mark. One of them, with a readiness of thought pecu- liberate upon it, and present a project to Congress and liar to his race, snatched up the rifle of his fallen comrade, the country. Reluctantly they consented to assume this took better aim, and fired. The ball passed between the duty. The labor was great, but they encountered it. body and arm of the ranger, and shivered his powder- Possessing but a partial knowledge of the subject, they horn to splinters, but he escaped untouched, outran his did not feel disposed to go into this laborious investigapursuers, and reached the settlement in safety. The au- tion. But it was given to them by the Senate. They thor of this bold deed does not, it is true, like many of took it in hand, and went on with it as well as they could; his companions in arms, desire the bounty, or need even spurred and hurried on from time to time, picking up the justice of his country. Brave and adventurous in youth, honored in age, he is now the Governor of Ohio. Mr. BIBB gave a description of the dangers of the Indian warfare, and was succeeded by Mr. BÜCKNER. Mr. HAYNE then obtained the floor, and commenced a speech, in which he took a view not only of the present bill, but of the pension system generally. He went into a history of the system in this country, and contended that, from a correct and proper beginning, it had spread itself into an unconstitutional and dangerous extent. Af ter speaking for some time, he gave way for a motion to adjourn; and The Senate adjourned to Monday. MONDAY, APRIL 30. SECOND AUDITOR AND COMPTROLLER. Mr. SMITH, from the Committee on Finance, to which was referred the resolution of the 30th of March last, instructing an inquiry to be made into the expediency of abolishing the offices of Second Auditor and Second Comptroller, made a report, which was ordered to be printed. their information in the best possible manner, they made their way, and determined, at last, to make the report which had gone forth to the world. Now, a motion was made to wrest the subject from those hands to which it had been committed by the vote of a majority of the Senate, and, without the presentment of a single objection to the details of the measure, or any counter project, to send it to the Committee on Public Lands. The Senate had, unquestionably, the power to send the subject to any committee; and he would bow with all deference to the decision of the Senate. But if the course now indicated were taken, and the subject, unheard, and without any explanation from the committee, were sent to the Committee on Public Lands, it would be a course without precedent, as far as his experience would enable him to judge. Still, the Senate had the power to give this direc tion, and he would bow to the decision of that body. Mr. KING made an observation or two in defence of his motion. He said that he had merely proposed to take up what the Senator from Kentucky complained had not been done before. If the Senate should agree to take up the bill, he then intended to move its reference to the Committee on Public Lands. The Senator from Kentucky SENATE.] General Appropriation Bill. [MAY 1, 1832. had himself admitted that the Committee on Manufactures report from the Land Committee shall be produced, the did not possess the knowledge requisite to enable them chairman of some other committee may rise in his place, to act on this subject. Why, then, did the Senator shrink and tell us he can give us new views by sending it to his from this reference? The subject had been originally committee. He will have the same claim to your favor brought forward, and referred to the Committee on Ma- that the chairman of the Land Committee now has. nufactures, as a branch of the inquiry relative to the pub- Where, then, is the thing to end? lic revenue. It had not been thought proper to separate He took exception to the remark of the chairman of this from the other parts of the subject. At the time the the Land Committee, when he said this second reference reference was made, he felt that they were sending the was necessary to a full and fair examination. He asked if subject to those who felt but little interest in the disposi- this report is not fair. The chairman of the Land Comtion of these lands, and the reference would not have been mittee, and those who voted with him, would take no exmade on any other ground than that it was part of the cuse from the Committee on Manufactures--they would general subject of inquiry. The report would be found have them examine the subject, and now they were told defective on most points. It was calculated to deceive, it must be before another committee, to ensure a fair exnot intentionally, he admitted, but because the subject amination. And how, Mr. C. asked, was this fair examinawas not understood; it was the result of the limited know- tion to be ensured? Why, by sending it to a commitledge of the subject possessed by the committee. He tee of five, of whom four were of the new States. asked if it was proper, after the circulation of thousands The fairness intended, then, was neither more nor less of these reports, full of erroneous statements and princi- than to increase the advantage to the new States. Now ples, that resistance should be made to an effort to correct this was, in his estimation, precisely the last thing the Sethese errors in the public judgment. He hoped that there nate should do. The most objectionable feature in the was no objection to the publication of a counter report; project reported, was the unjust inequality in the distri and he pledged himself, if he could not show the fallacy bution. What claim had the new States to receive a tenth of the sentiments in this report, to abide the penalty of of the property belonging to all the States equally, and failure. He stated, that when the subject should again then come in to share an equal proportion of the remaincome up, there would be sufficient time to go into the necessary explanations and views which the Senator from Kentucky desired to present to the Senate. The motion to postpone the other orders was then carried in the affirmative. The bill was then read a second time by its title. Mr. KING then moved to refer the bill and the Committee on Public Lands. report to Mr. MILLER demanded a division of the question. He did not see any benefit which could result from a reference of the report. ing nine-tenths? The public lands belonged to all the States; it was common treasure; and yet you propose to divide this common fund, by first giving a clear tenth of the whole to the new States, and then allowing them a full share of the residue. There is no shadow of right in this; and if the new States pressed this matter, the other States must in their turn demand the extent of their just claims. He was aware it was offered in a spirit of compromise, and in deference to the extravagant notions which some of our brethren in the new States had encouraged. In any question touching the honest prejudices of the people of the country, he was prepared to make concessions to such prejudices. Considerations of pecuniary The motion then being to refer the bill to the Commit-profit ought to yield to the higher considerations of hartee on Public Lands, mony and tranquillity. But in all matters of compromise Mr. CHAMBERS expressed his surprise at the novel there were two parties, and each must advance toward a proposition to refer the report and proceedings of one middle ground. The proposition in the report had gone committee to the consideration of another. There was far, very far, to meet the prejudices, and pay tribute to no superiority acknowledged in the one committee over the excited expectations of the new States, and it might another. The chairman of the Public Land Committee be well worthy their consideration whether it would be [Mr. KING] could not seriously ask the Senate to act upon prudent to reject the tender, and throw the question back the assumption that his committee was more intelligent, or to the positive rights of the parties. Mr. KING withdrew so much of the motion as had reference to the report. tures. YEAS.-Messrs. Bell, Brown, Chambers, Dallas, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Hayne, Hill, Holmes, Johnston, Miller, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Troup, Tyler, Wilkins.--25. more capable of understanding this question. Although Mr. FOOT, in order to make way for other important in no spirit of reproach to that committee, he avowed his bills--the appropriation bill-the pension bill-which decided conviction that no report ever made in the Senate were waiting for the action of the Senate, moved to lay was more fully evincive of large, liberal, and intelligent the bill on the table; which was agreed to as follows: views, than the one made by the Committee on ManufacThe argument of the more intimate acquaintance of the Land Committee with the general subject would have applied with great force on the first commitment. The committee to whom it was sent had resisted its reference to them on that ground. But the Senate would take no denial--they must, they should examine the subject, and acquaint themselves with it. They had done so, and they had mastered it. The Senate have their labors be fore them, proving that the committee has pursued the subject in all its connexions and relations to the great interests of the country, and all the States, both new and old. It is now said by the chairman of the Land Committee, that other views of this subject may be had by recommitting it to his committee. How is it ascertained that the Senate are not satisfied with the views taken? Have the Senate passed any opinion? They have not heard the arguments to be urged for and against it. All that the Senator from Alabama has to say on the subject can be given on the floor in the usual mode. But if this practice is to be commenced, must it not be carried out? When the NAYS.--Messrs. Benton, Clay, Clayton, Ellis, Grundy, GENERAL APPROPRIATION BILL. The message of the House of Representatives, stating its concurrence in some, and disagreement to others of the Senate's admendments to the general appropriation bill, was taken up; and several of the amendments having been disposed of, by receding in some cases, and insisting on the amendments in others, the disagreement of the House to the Senate's amendment striking out the appropriation for the outfit of a minister to France came up. Mr. SMITH moved to recede from the amendment. |