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price which placed the cost of all lands, good been most productive ? Take Alabama, for exand bad, at the same uniform rate (after the ample. How much has the treasury received for auctions were over), at one dollar twenty-five lands sold within her limits ? and how much in cents per acre. I resolved to move against the duties paid on imports purchased with the exwhole system, and especially in favor of gradu- ports derived from her soil ? Perfect exactitude ated prices, and donations to actual and destitute cannot be attained in the answer, but exact settlers. I did so in a bill, renewed annually enough to know that the latter already exceeds for a long time; and in speeches which had more the former several times, ten times over; and is effect upon the public mind than upon the fed- perennial and increasing for ever! while the sale eral legislation--counteracted as my plan was of the land has been a single operation, performed by schemes of dividing the public lands, or the once, and not to be repeated ; and disabling the money arising from their sale, among the States. cultivator by the loss of the money it took from It was in support of one of these bills that I him. Taken on a large scale, and applied to the produced the authority of Burke in the extract whole United States, and the answer becomes quoted; and no one took its spirit and letter more definite—but still not entirely exact. The more promptly and entirely than President whole annual receipts from land sales at this Jackson. He adopted the principle fully, and time (1850) are about two millions of dollars: the in one of his annual messages to Congress recom- annual receipts from customs, founded almost enmended that, as soon as the public (revolution- tirely upon the direct or indirect productions of ary) debt should be discharged (to the payment the earth, exceed fifty millions of dollars! giving of which the lands ceded by the States were a comparative difference of twenty-five to one pledged), that they should CEASE TO BE A SUB- for cultivation over sales ; and triumphantly JECT OF REVENUE, AND BE DISPOSED OF CHIEFLY sustaining Mr. Burke's theory. I have looked WITH A VIEW TO SETTLEMENT AND CULTIVATION. into the respective amounts of federal revenue, His terms of service expired soon after the ex- received into the treasury from these two sources, tinction of the debt, so that he had not an oppor-since the establishment of the federal government; tunity to carry out his wise and beneficent design. and find the customs to have yielded, in that

Mr. Burke considered the revenue derived time, a fraction over one thousand millions of from the sale of crown lands as a trifle, and of dollars net—the lands to have yielded a little less no account, compared to the amount of revenue than one hundred and thirty millions gross, not derivable from the same lands through their forty millions clear after paying all expenses of Settlement and cultivation. He was profoundly surveys, sales and management. This is a difright! and provably so, both upon reason and ference of twenty-five to one—with the further experience. The sale of the land is a single difference of endless future production from one, operation. Some money is received, and the and no future production from the land once cultivation is disabled to that extent from its sold; that is to say, the same acre of land is improvement and cultivation. The cultivation is paying for ever through cultivation, and pays perennial, and the improved condition of the but once for itself in purchase. farmer enables him to pay taxes, and consume

Thus far I have considered Mr. Burke's theory dutiable goods, and to sell the products which only under one of its aspects—the revenue ascommand the imports which pay duties to the pect: he presents another—that of population government, and this is the “well-regulated and here all measure of comparison ceases. The revenue" which comes through the course of cir- sale of land brings no people: cultivation proculation, and through the “political secretions” duces population : and people are the true wealth of the State, and which Mr. Burke commends and strength of nations. These various views above all revenue derived from the sale of lands. were presented, and often enforced, in the course Does any one know the comparative amount of of the several speeches which I made in support revenue derived respectively from the sales and of my graduation and donation bills: and, on from the cultivation of lands in any one of our the point of population, and of freeholders, new States where the federal government was the against tenants, I gave utterance to these senti

I proprietor, and the auctioneerer, of the lands? ments: and can he tell which mode of raising money has “ Tenantry is unfavorable to freedom. It lays

6. What constitutes a State ?

the foundation for separate orders in society, sticking at a minimum of $1 25, was not then annihilates the love of country, and weakens the in vogue, or else Maine would have been a desert spirit of independence. The farming tenant has, now. Instead of a numerous, intelligent, and in fact, no country, no hearth, no domestic altar, virtuous population, we should have had trees and no household god. The freeholder, on the con- wild beasts. My respectable friend, the senator trary, is the natural supporter of a free govern- from that State (Gen. Chandler), would not ment; and it should be the policy of republics have been here to watch so steadily the interest to multiply their freeholders, as it is the policy of the public, and to oppose the bills which I of monarchies to multiply tenants. We are a bring in for the relief of the land claimants. And republic, and we wish to continue so: then I mention this to have an opportunity to do multiply the class of freeholders; pass the public justice to the integrity of his heart, and to the lands cheaply and easily into the hands of the soundness of his understanding-qualities in people; sell, for a reasonable price, to those who which he is excelled by no senator—and to exare able to pay; and give, without price, to those press my belief that we will come together upon who are not I say give, without price, to those the final passage of this bill: for the cardinal who are not able to pay; and that which is so points in our policy are the same-economy in given, I consider as sold for the best of prices; the public expenditures, and the prompt extincfor a price above gold and silver; a price which tion of the public debt. I say, well it was for cannot be carried away by delinquent officers, Maine that she was sold for the federal price nor lost in failing banks, nor stolen by thieves, of four sections of Alabama pine, Louisiana nor squandered by an improvident and extrava- swamp, or Missouri prairie. Well it was for gant administration. It brings a price above every State in this Union, that their soil was rubies—a race of virtuous and independent la- sold for a song, or given as a gift to whomsoever borers, the true supporters of their country, would take it. Happy for them, and for the and the stock from which its best defenders must liberty of the human race, that the kings of be drawn.

England and the “Lords Proprietors," did not conceive the luminous idea of waiting for the rise,

and sticking to a minimum of $1 25 per acre. Not high-rais'd battlements, nor labored mound,

Happy for Kentucky, Tennessee, and Ohio, that Thick wall, nor moated gate; Nor cities proud, with spires and turrets crown'd,

they were settled under Stutes, and not under Nor starr'd and spangled courts,

the federal government. To this happy exempWhere low-born baseness wafts perfume to pride:

tion they owe their present greatness and prosBut MEN ! high-minded men,

perity. When they were settled, the State laws Who their duties know, but know their RIGHTS,

prevailed in the acquisition of lands; and donaAnd, knowing, dare maintain them.'"

tions, pre-emptions, and settlement rights, and

sales at two cents the acre, were the order of the In favor of low prices, and donations, I quot- day. I include Ohio, and I do it with a knowed the example and condition of the Atlantic ledge of what I say: for ten millions of her soil, States of this Union-all settled under liberal

—that which now constitutes her chief wealth and

strength, :-were settled upon the liberal princisystems of land distribution which dispensed ples which I mention. The federal system only almost (or altogether in many instances) with fell upon fifteen millions of her soil; and, of that sales for money. I said:

quantity, the one half now lies waste and useless, “These Atlantic States were donations from agriculture, desert spots in the midst of a smiling

paying no tax to the State, yielding nothing to the British crown; and the great proprietors dis- garden, " waiting for the rise," and exhibiting, in tributed out their possessions with a free and high and bold relief, the miserable folly of pregenerous hand. A few shillings for a hundred scribing an arbitrary minimum upon that article acres, a nominal quitrent, and gifts of a hun- which is the gift of God to man, and which no dred, 'five hundred, and a thousand acres, to actual' settlers: such were the terms on which vert into a source of revenue and an article of

parental government has ever attempted to conthey dealt out the soil which is now covered by merchandise.” a nation of freemen. Provinces, which now form sovereign States, were sold from hand to Against the policy of holding up refuse lands hand, for a less sum than the federal govern- until they should rise to the price of good land ment now demands for an area of two miles and against the reservation of saline and mineral square. I could name instances. I could name the State of Maine--a name, for more reasons lands, and making money by boiling salt water, than one, familiar and agreeable to Missouri, and digging lead ore, or holding a body of tenantry and whose pristine territory was sold by Sir to boil and dig, I delivered these sentiments : Ferdinando Gorges to the proprietors of the Massachusetts Bay, for twelve hundred pounds, “I do trust and believe, Mr. President, that provincial money. And well it was for Maine the Executive of this free government will not that she was so sold; well it was for her that be second to George the Third in patriotism, nor the modern policy of waiting for the rise, and an American Congress prove itself inferior to a British Parliament in political wisdom. I do longer (so far as lead ore was concerned) on the trust and believe that this whole system of hold-Upper Mississippi, and until an argument aring up land for the rise, endeavoring to make rived which commanded the respect of the legisrevenue out of the soil of the country, leasing and renting lead mines, salt springs, and iron lature: it was the argument of profit and loss—an banks, with all its train of penal laws and civil argument which often touches a nerve which is and military agents, will be condemned and abol- dead to reason. Mr. Polk, in his message to ished. I trust that the President himself will give the subject a place in his next message

, and Congress at the session of 1845–46 (the first of lend the aid of his recommendation to the success

his administration), stated that the expenses of of so great an object. The mining operations, the system during the preceding four years, especially, should fix the attention of the Con- those of Mr. Tyler's administration—were twengress. They are a reproach to the age in which ty-six thousand one hundred and eleven dollars, we live. National mining is condemned by every and eleven cents; and the whole amount of rents dictate of prudence, by every maxim of political economy, and by the voice of experience in received during the same period was six thouevery age and country. And yet we are engaged sand three hundred and fifty-four dollars, and in that business. This splendid federal gov- seventy-four cents: and recommended the aboliernment, created for great national purposes, tion of the whole system, and the sale of the rehas gone to work among the lead mines of Upper Louisiana, to give us a second edition, no served mines; which was done ; and thus was doubt, of the celebrated “ Mississippi Scheme" completed for the Upper Mississippi what I had of John Law. For that scheme was nothing done for Missouri near twenty years before. more nor less than a project of making money out of the same identical mines. Yes, Mr.

The advantage of giving land to those who President, upon the same identical theatre, would settle and cultivate it, was illustrated in among the same holes and pits, dug by John one of my speeches, by reciting the case of Law's men in 1720; among the cinders, ashes, “Granny White "-well known in her time to broken picks, and mouldering furnaces, of that all the population of Middle Tennessee, and escelebrated projector, is our federal government now at work; and, that no circumstance should pecially to all who travelled south from Nashbe wanting to complete the folly of such an un- ville, along the great road which crossed the dertaking the task of extracting “revenue“divide" between the Cumberland and Harpeth from these operations, is confided, not to the waters, at the evergreen tree which gave name Treasury, but to the War Department.

“Salines and salt springs are subjected to the to the gap-the Holly Tree Gap. The aged same system-reserved from sale, and leased for woman, and her fortunes, were thus introduced the purpose of raising revenue. But I flatter into our senatorial debates, and lodged on a page myself that I see the end of this branch of the of our parliamentary history, to enlighten, by system. The debate which took place a few weeks ago on the bill to repeal the existing duty her incidents, the councils of national legislaupon salt, is every word of it applicable to the tion: bill which I have introduced for the sale of the reserved salt springs. I claim the benefit of it

" At the age of sixty, she had been left a accordingly, and shall expect the support of all widow, in one of the counties in the tide-water the advocates for the repeal of that tax, when- region of North Carolina. Her poverty was so ever the bill for the sale of the salines shall be extreme, that when she went to the county put to the vote.”

court to get a couple of little orphan grandchil

dren bound to her, the Justices refused to let Argument and sarcasm had their effect, in re- her have them, because she could not give security lation to the mineral and saline reserves in the to keep them off the parish. This compelled her State in which I lived—the State of Missouri. to emigrate; and she set off with the two little

boys, upon a journey of eight or nine hundred An act was passed in 1828 to throw them into miles, to what was then called “the Cumberland the mass of private property—to sell them like Settlement.” Arrived in the neighborhood of other public' lands. And thus the federal


Nashville, a generous-hearted Irishman (his

name deserves to be remembered-Thomas ernment, in that State, got rid of a degrading and McCrory) let her have a corner of his land, on unprofitable pursuit: and the State got citizen her own terms,-a nominal price and indefinite freeholders instead of federal tenants; and pro- credit. It was fifty acres in extent, and comfitably were developed in the hands of individuals prised the two faces of a pair of confronting hills, the pursuits of private industry which languished

whose precipitous declivities lacked a few de

grees, and but a few, of mathematical perpendicand stagnated in the hands of federal agents and ularity. Mr. B. said he knew it well, for he had tenants. But it was continued for some time I seen the old lady's pumpkins propped and sup



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ported with stakes, to prevent their ponderous from Hudson's Bay to Cape Horn (with the weight from tearing up the vine, and rolling to single exception of these United States), land, the bottom of the hills. There was just room at the gift of God to man, is also the gift of the their base for a road to run between, and not government to its citizens. Nor is this wise room for a house, to find a level place for its foun- policy confined to the New World. It prevails dation ; for which purpose a part of the hill had even in Asia ; and the present age has seen-we to be dug away. Yet, from this hopeless begin- ourselves have seen-published in the capital of ning, with the advantage of a little piece of the European world, the proclamation of the ground that was her own, this aged widow, and King of Persia, inviting Christians to go to the two little grandchildren, of eight or nine years ancient kingdom of Cyrus, Cambyses and Dariold, advanced herself to comparative wealth: us, and there receive gifts of land-first rate, not money, slaves, horses, cattle; and her fields ex- refuse—with a total exemption from taxes, and tended into the valley below, and her orphan the free enjoyment of their religion. Here is the grandchildren, raised up to honor and indepen- proclamation : listen to it. dence: these were the fruits of economy and industry, and a noble illustration of the advantage

The Proclamation. of giving land to the poor. But the federal government would have demanded sixty-two dollars land, in the name, and by the authority of Ab

“Mirza Mahomed Saul, Ambassador to Engand fifty cents for that land, cash in hand; and bas Mirza, King of Persia, offers to those who old Granny White and her grandchildren might shall emigrate to Persia, gratuitous grants of have lived in misery and sunk into vice, before land, good for the production of wheat, barley, the opponents of this bill would have taken less.” rice, cotton, and fruits,-free from taxes or contriI quoted the example of all nations, ancient butions of any kind, and with the free enjoyment

of their religion; THE KING'S OBJECT BEING TO and modern, republican and monarchical, in favor of giving lands, in parcels suitable to their

" London, July 8th, 1823.'" wants, to meritorious cultivators; and denied that there was an instance upon earth, except

The injustice of holding all lands at one unithat of our own federal government, which made form price, waiting for the cultivation of the good merchandise of land to its citizens—exacted the land to give value to the poor, and for the poorest highest price it could obtain-and refused to suf- to rise to the value of the richest, was shown in a fer the country to be settled until it was paid reference to private sales, of all articles; in the for. The “promised land” was divided among

whole of which sales the price was graduated to the children of Israel—the women getting a share suit different qualities of the same article. The where there was no man at the head of the heartless and miserly policy of waiting for family—as with the daughters of Manasseh. All government land to be enhanced in value by the the Atlantic States, when British colonies, were

neighboring cultivation of private land, was de settled upon gratuitous donations, or nominal nounced as unjust as well as unwise. The new sales. Kentucky and Tennessee were chiefly

States of the West were the sufferers by this fedsettled in the same way. The two Floridas, and eral land policy. They were in a different conUpper and Lower Louisiana, were gratuitously dition from other States. In these others the distributed by the kings of Spain to settlers, in local legislatures held the primary disposal of the quantities adapted to their means of cultivation soil, --so much as remained vacant within their —and with the whole vacant domain to select limits, -and being of the same community, made from according to their pleasure. Land is now

equitable alienations among their constituents. given to settlers in Canada; and £30,000 ster- In the new States it was different. The federal ling, has been voted at a single session of Par- government held the primary disposition of the liament, to aid emigrants in their removal to soil; and the majority of Congress (being inde these homes, and commencing life upon them. pendent of the people of these States), was less The republic of Colombia now gives 400 acres to heedful of their wants and wishes. They were as a settler : other South American republics give

a stepmother, instead of a natural mother: and more or less. Quoting these examples, I added : the federal government being sole purchaser from

foreign nations, and sole recipient of Indian ces“Such, Mr. President, is the conduct of the sions, it became the monopolizer of vacant lands free republics of the South. I say republics : for it is the same in all of them, and it would be in the West: and this monopoly, like all mono tedious and monotonous to repeat their numerous polies, resulted in hardships to those upon whom decrees. In fact, throughout the New World, it acted. Few, or none of our public men, had

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federal title to

raised their voice against this hard policy before and added a fertile belt-a parallelogram of I came into the national councils. My own was forty miles by three hundred along her whole soon raised there against it: and it is certain that western border—and which was necessary to a great amelioration has taken place in our compensate for the swamp lands in front on the federal land policy during my time: and that the river, and to give to her certain valuable salt sentiment of Congress, and that of the public springs there existing, and naturally appurtenant arberalir, has become much more liberal in land to the territory, and essential to its inhabitants. alienations; and is approximating towards the Even with this extension the territory was still beneficent systems of the rest of the world. But deficient in arable land—not as strong as her the members in Congress from the new States frontier position required her to be, nor susceptishould not intermit their exertions, nor vary ble (on account of swamps and sterile districts) their poliey; and should fix their eyes steadily of the population and cultivation which her suupon the period of the speedy extinction of the perficial contents and large boundaries would im

the lands within the limits ply her to be. Territorially, and in mere extent, of their respective States ;—to be effected by the western addition was a fourth part of the terpre-emption rights, by donations, and by the ritory: agriculturally, and in capacity for populasale (of so much as shall be sold), at graduated tion, the addition might be equal to half of the prices, -adapted to the different qualities of the whole territory; and its acquisition was celebrattracts, to be estimated according to the time it ed as a most auspicious event for Arkansas at the has remained in market unsold—and by liberal time that it occurred. grants to objects of general improvement, both In the month of May, 1828, by a treaty nego

tiated at Washington by the Secretary at War, Mr. James Barbour, on one side, and the chiefs of the Cherokee nation on the other, this new western boundary for the territory was abolishedthe old line re-established : and what had been an

addition to the territory of Arkansas, was ceded to CHAPTER XXXVI.

the Cherokees. On the ratification of this treaty

several questions arose, all raised by myself – (DelesOf A PART OF THE TERRITORY OF some of principle, some of expediency--as, whether ARKANSAS TO THE CHEROKEE INDIANS.

a law of Congress could be abolished by an Indian

treaty ? and whether it was expedient so to reorganized territory, and duce, and thus weaken the territory (and future had been so since the year 1919. Her western State) of Arkansas ? I was opposed to the wundary was established by act of Congress in treaty, and held the negative of both questions,

dataide territory-beyond the Mississippi-a show that that was the sense in which the clause frontier both to Mexico (then brought deep into in the constitution was understood. The treatythe Valley of the Mississippi by the Florida making power was supreme; but that supremtreaty which gave away Texas), and to the nu-acy was within its proper orbit, and free from berous Indian tribes then being removed from the invasion of the legislative, executive, or judithe South Atlantic States to the west of the cial department. The proper objects of treaties Viseseippi. It was, therefore, a point of national were international interests, which neither party den State,- both for her own sake and that of quired a joint consent, and a double execution, to pobey to make her strong-to make her a first could regulate by municipal law, and which rethe trion-and equal to all the exigencies of give it effect. Tried by this test, and this Indian in vas on the west-the boundaries on the ordinary legislation, and specially and exclusively beradranced and frontier position. The exten- | treaty lost its supremacy. The subject was one of ster three sides being fixed and immovable-confined to Congress. It was to repeal a law which

ar 1824 (chiefly by the exertions of her then and argued against them with zeal and persedelegate

, Henry W. Conway),—and was an extehin of her existing boundary on that

side; power I held to be confined to subjects within ed for national and State reasons. It was an its sphere, and quoted « Jefferson's Manual,” to

national and territorial.



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