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JAN. 4, 1830.]

Internal Improvement.-Indian Affairs.


THURSDAY, DEC. 31, 1829.

tity of the land remained unsold. He would call the attention of the Committee to another fact. There was a district in Ohio, where the surveyor general lived three or four hundred miles from the land which he is employed to survey. The bill authorizing a subscription of stock in the He [Mr. H.] was desirous to have an inquiry made into Washington Turnpike Road Company was read the sethis matter; for, he was of opinion, that the object of hav-cond time, and considered in Committee of the Whole. ing a surveyor general, required that he should be where Mr. HENDRICKS having explained the nature and obthe land to be surveyed lies. He hoped, therefore, that ject of the bill, the importance of a speedy completion of an inquiry would be instituted, and a full report, upon the road, in a national point of view, and the prospects of which the Senate could act, would be made. the tolls remunerating the holders of stock, by liberal dividends—

Mr. DICKERSON desired more time for deliberation, and for affording to absent Senators an opportunity of voting. After some conversation between Mr. HENDRICKS, Mr. SMITH, of Maryland, and Mr. DICKERSON, the bill was postponed to Monday week, and made the special order for that day.

[The bill authorized the Secretary of the Treasury to subscribe for four thousand five hundred shares of the stock, and appropriated ninety thousand dollars for the purpose.] Adjourned to Monday.


Mr. WOODBURY said he deemed it an act of comity to accede to the motion made to postpone the consideration of this resolution, especially as the mover and supporter of it had expressed a wish to have the subject debated again. But if the time required is refused, he would, with his present knowledge, be disposed to vote against any proposition tending to stop the surveys. He would treat the subject as an individual private owner would. The public lands belonged to the Union at large, and were deemed valuable property. The Indian title has now been extinguished to about one hundred millions of acres, which have not been surveyed, and individual buyers cannot make a selection out of them until the surveys are made, and the lands put in the market; with a wider field to select from, purchasers could accommodate themselves better, and would give a higher price. In addition, he considered it an act of justice to the States: for, Mr. SANFORD presented a petition from a meeting of in some, these surveys have been nearly completed, and the citizens of the city of New York, asking the protec in others much less done. To stop now would be consi-tion of the United States for the Indians against injustice dered favoritism. It was due to the new States equally and oppression; and on motion of Mr. S. the petition was to survey the lands: for, if they are not surveyed and of ordered to be referred to the Committee on Indian Affairs. fered for sale, how are they to increase their population, Mr. BURNET moved that the memorial be printed. their wealth, and their resources? The public, also, have Mr. FORSYTH called for the reading of it. a deep concern, from considerations of sound political The Secretary proceeded to read the memorial to the economy, that the best lands should be occupied first. Senate; and had gone on for some time, when Then the same quantity of labor will produce larger crops Mr. BELL rose, and objected to the further reading of it. and income. Poor lands ought not to be occupied till Mr. TROUP hoped the memorial would be printed, if they are the very worst uncultivated in the country. The the reading of it were discontinued. He wished to know same information which he had on this subject, and which, the contents of this document; to become acquainted in a like case, would govern his private conduct, would with the manner in which it was written, and with the now govern his public conduct, as an agent for the pub-matter which it contained, before any disposition was made lic. But further debate might throw new light upon the of it by the Senate.

question, and, from courtesy to those desiring it, he should Mr. BELL said he asked the discontinuance of the certainly vote for the postponement. reading of the memorial merely with a view to save the


Mr. BURNET said he would withdraw his motion to print the memorial, for the purpose of enabling the Senate to dispose of it as they might think proper.

Mr. FOOT said he had not the least objection to post-time of the Senate. He thought that the printing of pone the consideration of this resolution, although it was the document would enable gentlemen better to underan unusual motion to postpone a resolution for inquiry stand its contents than the cursory reading of it by the merely, and make it the special order of a day. He agreed with the gentleman from Missouri, that the Southern and Western States were greatly interested in this question. The States of Illinois, Alabama, Missouri, Mississippi, and Louisiana, were; and from these States are all the members of the Committee to which the inquiry would go. As to preventing emigration, or any hostility to the West, he disclaimed any such intention; but he objected to this mode of disposing of the resolution.

Mr. FORSYTH said that he believed the memorial had been ordered to be referred to the Committee on Indian Affairs. From the manner in which the memorial was presented, he was not aware of its real character. He had supposed it to be a memorial on the subject of Indian affairs generally. Mr. BARTON said he approved of the suggestion to ap- He now understood it, from what had been read of it, to repoint a Select Committee." The question now was, whe-fer particularly to the conduct of certain States towards ther we should go on with the surveys; whether the of the Indians. If that were the purport of it, he should ficers were properly arranged, or whether there were move a reconsideration of the vote referring it to the too many of them. As to going on with the surveys, the Committee. He then moved to discharge the Committee officers are already appointed for that purpose. The from the further consideration of the memorial, as this exploration of the country, the making of correct maps appeared to him to be a better mode of effecting his object. of it, rendered it important to go on with the surveys, Mr. SANFORD said he would not oppose the motion whatever might be decided as to the details of the public of the gentleman from Georgia, although he did not wish lands. He said he would not vote in favor of the post-to move the printing of the memorial until it was exam ponement of the resolution, but he hoped that a Select ined by a Committee.

Committee would be appointed, instead of sending the Mr. FORSYTH repeated that he was not aware of the inquiry to a Standing Committee. peculiar character of the memorial when it was first preThe motion to postpone the consideration of the reso-sented. He understood the gentleman from New York lution till Monday week, and to make it the special order [Mr. SANFORD] to say that it had a general reference to all of the day, was then agreed to; and the resolution was the Indians. If he now understood the memorial correctly, postponed accordingly. it was the memorial of a meeting held in a particular part

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The question on discharging the Committee from the further consideration of the memorial was put, and carried in the affirmative; and

On motion of Mr. FORSYTH, the memorial was laid on the table.


JAN. 4, 1830.

of the country, whose object was the vindication of the an act forbidden by the laws of the United States: it sancalleged rights of the Southern Indians; if he understood tions intruders on the public lands, and it will sanction this it correctly, it impeached the character and conduct of as a precedent for future intruders to act likewise. How the Southern States; and it did not relate to the Indians many will it not tempt to follow the example, thus to give generally, but to the Indians within the Southern States them a title to the public lands, at the minimum price, and on alone, to the condition in which they are placed by the a year's credit? He would ask whether this law would not Southern States. It might be that the memorial was ex- encourage other intruders to enter upon the public lands, pressed in terms to which he could have no objection; when they can purchase them at the minimum price? We but all he wished for was, that it should lie on the table, cannot, and we will not refuse them the same privilege, that he might have time to examine it, in order to see when they ask us, which we now propose to grant. Any whether it was the case or not. If it impeached the cha- person who has witnessed the effect of precedents in this racter or conduct of the Southern States, he should ob- body, must see that this precedent will be acted upon ject to its reference to the Committee; if not, he could hereafter. Thus by holding out this encouragement, the not of course have any objection. As to the printing of effect will be to induce other intruders to enter upon the the memorial, he was opposed to it till he examined it, public lands, with the hope of finally being allowed to and knew whether it was worthy of being printed. When, purchase them at the minimum price. This is the natural, therefore, the gentleman from Ohio [Mr. BURNET] moved the probable, and certain effect of the measure proposed. to have it printed, he [Mr. F.] called for the reading of It would be better to repeal all laws on this subject, and it in order to ascertain whether it was worthy of it-whe- to permit a general scramble, than to pass the present law. ther it was deserving of being spread upon the records of Mr. BARTON said, he would state briefly the reasons this body. He called for the reading, in order to ascer- which influenced the Committee in reporting the bill. tain its contents, which he thought was more respectful There had been, heretofore, some difficulty with the and becoming than to ask the gentleman who offered it to Committee on this subject of pre-emption rights; but he explain its matter. He hoped that the motion to discharge believed no difficulty on that subject existed at present. the Committee from the further consideration of the me- With respect to the prohibition of settlements on the morial would prevail, and that it should be laid on the public lands, contained in the old act of 1807, and alludtable, that he might have an opportunity of examining it. ed to by the gentleman from New Hampshire [Mr. BELL] After having examined it, he [Mr. F.] would inform the that act did indeed prohibit such intrusions, (and it was Senator who presented it whether he had any objection to proper enough for any government intending to sell the the disposition of it which had been proposed. whole of its lands to make such provision) but the more particular object of that act was to prevent any difficulty in relation to the batture at New Orleans. The act, how ever, although intended to apply to that particular case, must necessarily have been general in its effects; and for this reason, and because of the many cases of hardship which arose from it, Congress had on various occasions deemed it necessary to depart from the provisions of the act of 1807, and grant pre-emption rights to actual settlers on the public lands. Inasmuch, then, as these various grants, made at different periods, in different setions Mr. BELL said that this bill, in its operations, would of the country, together with the operations of the old produce this effect: the encouragement of future viola- law above alluded to, created great inequality in the contion of the laws which regulate our public land system.ditions of the various settlers on the public lands, the obThis bill gives the right of pre-emption to all those who ject of the committee was to destroy that inequality, and have violated our land laws by entering on the public place all the new States and Territories on the same footlands, and now have actual possession of them. It gives ing. So far from its being the settled policy of the Gothe right to those who have thus entered these, to purchase vernment to prevent intrusions on the public land by them at the minimum price. It will confer the right on a others than actual purchasers, the general prohibition of large portion of those intruders who have entered on those the law of 1807 had been, as he had just observed, denew tracts of land which have been surveyed, but which parted from in various instances, so that the bad precehave not been as yet offered for sale. It will confer the dent of reward in violation of the law, objected to by right on those who are in possession of the most eligible the gentleman from New Hampshire, had in fact been portions of land in the new country, and the effect will be, often set, and long ago. As to the policy or expediency of that when those lands are offered at public sale, the in- the measure recommended by the Committee, they were truders who are in possession of them, will deter pur- chiefly induced to report the bill in consequence of the chasers from bidding for them. There are many and obvious operations of the public land system at the present time. reasons, [said Mr. B.] why purchasers who already have If the gentleman from New Hampshire would turn to the lands, will decline interfering with the possessors of these documents on the subject, he would find that, for the last lands when offered for sale, however eligible they may be. thirty years, the sales of the lands had netted to the GoCompassion for the situation of these people and their vernment but little more than the minimum price, while families, will prevent competitors from interfering with the actual settler had paid more; and that result was prothem. There are, in fact, many other reasons to convince duced in this manner: among other causes, not necessathem of the imprudence of purchasing such tracts of land ry to detail, there was a kind of intermediate power inover those who have taken possession of them. These in- terposed between the actual settler and cultivator, and truders then will remain in posssession, and this bill gives the Government. Speculators formed a combination, and them the right to enter these lands at the minimum price, run up the price of the lands under sale, in some instances, although they might be worth four times as much. This but in a great many more cases, formed combinations bill, besides, allows the purchasers time which is not allow- to intimidate that class of purchasers who usually till the ed to others; it, in effect, gives them a credit of one year. If soil, and bought up large bodies of land for but little he understood the bill, [Mr. B. said] its operations would more than the minimum price; which they afterwards not cease here. Ifits operations would end here only, the ob- sold to them at a great profit. On consulting with the jection he had stated to the bill would still be conclusive with Commissioner of the General Land Office, and learning him; but its effects extended farther; it sanctions, [said he] that this system of speculation had been carried on to a

The bill to grant pre-emption rights to settlers on the public lands, was read the third time, and the question was stated on its passage.

JAN. 5, 1830.]

Massachusetts Claim.


Mr. McLEAN nared to-morrow week, instead of Thursday week.

Mr. HOLMES acceded to this modification of his motion.

very great extent, particularly in the Southwest, the ques- sales. He hoped the Senate would consent to postpone tion presented itself to the Committee, whether it would the further consideration of this bill. Mr. H. concluded not be the better policy for the Government to give to the by moving to that effect, and to make the bill the special actual settler the tract cultivated by him, at the minimum order of the day for Thursday week. price, than to give it, at the same price, to those who only purchased with a view to ultimate profit; and they had come to the conclusion that it was as much for the interest of the Government as of the cultivator and settler, that this combination of speculators should be disarmed and put Mr. NOBLE said that, as the subject had been brought down, by thus preferring the occupant. No injury could under the consideration of the Senate, he could not repossibly accrue to the Government: for, if the only ob- main in silence, especially on account of the expressions ject be to put dollars into the treasury, the actual settler, uttered by the gentleman from New Hampshire, that it under the provisions of this bill, would pay as much as would be better to leave the public lands to a general the speculator; while, on the other hand, encouragement scramble than to pass this bill. The entering wedge [said would be given to a most interesting and meritorious class Mr. N.] has now been introduced, and the citizens of the of our fellow-citizens, the cultivators of the soil. new States are to be left at the mercy of the tomahawk By the pre-emption policy, we would be sure to place and scalping knife. The surveys of the public lands are the lands in the proper hands of those whose occupation to be checked in the first place, [alluding to Mr. Foor's it is to cultivate them. These are usually a class of men proposition] and now pre-emption is denied to actual setwho have not much money or other means of competi- tlers; a scramble for the lands is next proposed. The histion at the public sales. Wherever this can be done with-tory of the sale of the public lands commenced at the out injury to the public, it should be done by every Go-Congress held in New York. These lands were at one vernment. As a source of revenue is by no means the time sold at twelve and a half cents per acre, and although most important view of our public lands, they ought, in the possessors of them have risked their lives in settling his opinion, to be considered as a fund, with which to ele- them, yet we are told that it would be better to have a vate the numerous non-freeholders of our country to the general scramble for these lands than to pass the proposed proud rank of freeholders; and to give them new interests bill. He hoped that we would feel for the people thus in their country, and new motives to promote its prosper- situated, and who have risked so much in making the setity and protect its existence. In that view, our public tlements which they ask the privilege of buying. Withlands were the most important to the United States. out money, without clothes, without bread, they have setThe supposed objection that pre-emption laws, as they tled this country, and now they are told that the surveys are termed, gave encouragement to violators of the law, of the land must cease. The partition of these lands was and enabled them to choose the best tracts of the public first commenced by forming townships, and now they are domain, was sufficiently answered [Mr. BARTON said] by narrowed down into eighty acres. But now surveys are to the notorious fact, that it was their poverty and love of cease, emigration to be checked, the actual settlers to be liberty, and not their disregard of the laws, or their want turned off; the plough and the ickle are to be broken inof patriotism, that drove them to encounter the privations to pieces. We [said Mr. N.] will resist this attempt. It of a pioneer life, and by the equally notorious and record is said that the people are violators of the public land ed fact, (which the gentleman from New Hampshire could laws, and would, if this bill were passed, injure the sale see, by perusing, at leisure, the land documents of the of these lands, by deterring purchasers from bidding for United States for thirty or forty years past) that, under the them. He, [Mr. N.] on the contrary, asserted, that, inoperation of our land laws, our public domain had pro- stead of diminishing, they augmented the value of these duced but a fraction over the minimum price. So that no lands. He was willing that the motion to postpone should practical injury could be done by laws which tend to prevail, but he could not remain silent when the subject of place the lands in the hands of those whose occupation it the bill was even remotely touched upon; for our people, is to till them, and who are generally least able to buy [said Mr. N.] whether they have schools or no schools, them, rather than in the hands of those who already have have common sense, and they will not suffer their memnot only lands, but the means of buying more, and specu-bers to sleep at their posts, but will call upon them to relating upon the more poor and more interesting part of sist such measures as he had adverted to, as far as they are mankind, who actually cultivate the earth.


The bill was then postponed to Tuesday week.

TUESDAY, JAN. 5, 1830.

Mr. HOLMES said he hoped that the further consideration of this bill would be postponed, and brought up on another day. He said he would make a motion to that ef fect. He fully coincided in the sentiment expressed by the gentleman from Missouri, [Mr. BARTON] that the object of selling the public lands was not so much to raise Mr. SILSBEE rose and said, that, agreeably to notice givrevenue as to obtain settlers in the country. He could en yesterday, he was about to ask leave to introduce a bill, not, however, help expressing his belief that this bill, at entitled "A bill to authorize the payment of the claims of some future period, would encourage depredations of the the State of Massachusetts for certain militia services durpublic lands to a greater extent than the Committee seem- ing the late war;" but as this claim, which had been so long ed to be aware of. This bill will give to the possessors in Congress, had never been before this branch of it, he the same right to the land, and at the same price, without was induced to accompany its introduction here by a reregard to the condition in which the land may be placed, mark or two in relation to it. The subject of this claim, to the quality of it, or to the improvements which may he said, had been embraced in every annual message of have been made upon it. He need not, he thought, state the Chief Magistrate of Massachusetts, and had occupied to the Senate that land was worth in one place ten times a portion of the attention of every successive Legislature as much as in another; yet the bill had no regard to this of that State, for some time past; that this consideration, consideration. He wished to inquire-and it was for that in connexion with the interest and the feelings of the peopurpose he chiefly rose--whether the Committee was able ple of Massachusetts upon the subject, made it the duty to ascertain what was the area of these lands, how many of their Representatives here to press it upon the early conacres they embraced, how many sections were thus to be dis-sideration of the Senate, without waiting longer for the posed of at the minimum price. He was afraid that little action of the other House upon it. Massachusetts, one encouragement would be held out to purchasers at the public of the oldest States of the Union, had presented a claim

VOL. VI.-2


Mileage Bill.

[JAN. 6, 1830.

upon the Government of the United States, for military is not present in the House of which he may be a memexpenditures in the course of the late war, to an amount ber, at some time every day during the session, will not exceeding eight hundred thousand dollars. This claim be entitled to compensation for that day. To that rule had been considered an equitable one, not only by that ad- he had the most serious objections; and his objections ministration of the government of Massachusetts under were founded not only on his experience of the present which it originated, but by every succeeding administra-session of Congress, but of former sessions, when, many tion of the State, from that period of time to the present years ago, he was a member of this body. The absence one, and after twelve or thirteen years' application for a re- of a member, he contended, was not evidence of his inmuneration of the claim, a bill was reported, about two attention to the public business. He was a member of a years ago, for two hundred and forty odd thousand dollars, Committee of this House, and in that capacity, had, on one or a little over one quarter of its amount. This bill [said occasion, during the present session, to go to one of the Mr. S.] was accompanied by a report from the most scru-offices for information for the Committee; yet, before he tinizing officer of the War Department, stating this returned, the Senate had adjourned. He thought a memamount, at least, to be due, according to the most rigid ber under such circumstances ought not to be deprived principles which had ever been adopted in the adjustment of his compensation. He went, as he had before said, to of any similar claim whatever; and although nearly or one of the public offices, to obtain information to enable quite two years had elapsed since that report was made, it him to discharge his duty more efficiently; and on his rehas not been acted upon; yet, while this claim of Massa- turn to this House, he met a Senator, who informed him chusetts had been pending before Congress, most, if not that it had adjourned. Was he, under such circumstanall, those of a similar character, from other States, had, ces, at all culpable? He had therefore felt it his duty to he believed, been settled. Massachusetts [said Mr. S.]|call the attention of gentlemen to this part of the bill, in asks and expects the same measure of justice to be ren-order that, if it should pass, this section might be amenddered to her which has been accorded to those other ed. Mr. B. felt himself constrained to say, however unStates; and she asks also, and asks earnestly, for a decision courteous it might seem, that the bill was unworthy to be upon her claim. It has, therefore, in the opinion of her a subject of legislation. Yet, if the bill is to be taken up delegation, become their duty to urge it to a settlement, and passed, he thought he had stated enough to show genand to express their desire that an early report and deci- tlemen that the second section of it deserved correction. sion may be had upon it in the Senate. With this expla-The Senate could not, yesterday, agree upon the particunation, he asked leave to introduce the bill. lar Committee to which this bill ought to be referred. It The leave was granted, and the bill was read and order-appeared there was no Committee of the Senate to which ed to a second reading. it could be properly referred. For these considerations he moved its reference to a Select Committee. Mr. NOBLE inquired of the President what was the title of the bill; and being informed, said that he thought it was entitled "An act to retrench." The word "re



Mr. WEBSTER moved that the Senate proceed to con- trenchment," he said, should have appeared on the marsider the bill "to establish an uniform rule for the com-gin of the bill at least. He thought that the reference putation of the mileage of members of Congress and for which the gentleman from Kentucky [Mr. BIBB] proposother purposes," which had been yesterday laid on the ed, went against his own arguments: for, he had said that table on his motion. He said he made the motion to lay the bill was unworthy of notice; in which opinion, he [Mr. the bill on the table, in consequence of the difficulty N.] fully concurred. The bill was not deserving of nowhich appeared to exist as to its proper direction. He tice. For the last fourteen years, during which time he was not disposed to suggest any particular direction for the bill, but merely to place it where he found it yesterday.

The motion was considered and agreed to.

had been a member of this body, this was the first time that a bill had been presented, which no member was willing to receive, and which could not be properly referred to any one of the thirteen Standing Committees of the Mr. BIBB said that there had been speculations upon Senate. A select committee was now proposed. He former occasions about the compensation bill of members [Mr. N.] was strongly induced to think, from the context of Congress, which he was not now inclined to interfere of this bill, that it ought to be entitled "An act to prowith unnecessarily. When the public mind had become vide materials for stump orations on the first Monday in quieted on this subject, he, for his own part, felt no dis- August next." He was therefore opposed to a reference position to render it again unquiet; because he did not of this bill to a Select Committee; he wanted copies of it believe that the compensation of members of Congress to be made, that he might send one to each of his constiwas too much. As an individual, he was unwilling to see tuents, who might then call township meetings to instruct legislation transferred exclusively to those who are able him how he was to act. He was not afraid of the people, to defray their expenses at the seat of Government, and and he could say that the people detested the smallness going to and returning from it, out of their own private of such measures as that now under consideration. Mr. funds. Nor was he disposed, although he had great re- N. concluded by moving to lay the bill on the table. spect for many gentlemen of that fraternity, [bowing to This motion was negatived without a division. a member across the chamber] to entrust legislation to Mr. HAYNE said, he had but one remark to make on the bachelors exclusively. Whilst these were his opin- the question before the Senate. He thought it was only ions on this subject, he must state that he would gladly respectful to the body with which the bill originated, to see the measures as to the compensation of members of refer it to some Committee, in which, if it were liable to Congress rest where it was placed at the time when the the objections stated, it might be so amended or correctferment, into which the public mind had been formerly ed, as to remove those objections. As the Senate had put respecting it, had ceased. When he read that part agreed that there was no appropriate committee to which of the bill referring to compensation, he was strongly im- it could be referred, the usual course in such cases was, pressed with the idea that, according to his conception of according to parliamentary rules, to appoint a Select the second section of the bill, relative to the payment of Committee for it. He therefore hoped that this motion members who absented themselves from Congress, it de- would prevail.

served some correction. Mr. B. said (and he begged Mr. FORSYTH said that, as the Senate had yesterday, leave to call the attention of gentlemen to this particular) according to the best of his recollection, refused to refer that the bill declared that any member of Congress, who the bill to a Select Committee, and that therefore such a

JAX. 7 to 13, 1830.]

Executive Powers.--Pre-emption Rights.--Mr. Foot's Resolution.


motion was not now in order, he should move a reconsider- for the purpose of inserting a clause to guard against ation of that vote. abuses under it, which seemed to be apprehended by some The motion to reconsider was agreed to, and the bill gentlemen; and Mr. HENDRICKS, and Mr. SMITH, of was referred to a Select Committee.


The Senate was occupied for the best part of this day in the discussion of bills of a private nature, particularly the bill for the relief of citizens of the United States who have lost property by the depredations of certain Indian tribes. Adjourned to Monday.


The Senate spent nearly the whole of this day's sitting in considering the bill which was before them on Thursday last, as above noticed.


South Carolina, spoke in favor of the recommitment.
Mr. BIBB, Mr. BARTON, and Mr. McKINLEY, op-
posed the motion to recommit, and advocated the passage
of the bill.

The question on recommitment was decided in the negative: yeas, 16-nays, 21.

The question on the passage of the bill was then decided in the affirmative, as follows: yeas, 29-nays, 12.


Agreeably to the special order of the day, the following resolution, submitted by Mr. FOOT, on Tuesday, the 29th ultimo, was again taken up for consideration:

"Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of limiting for a certain period the sales of the public lands to such lands only as have heretofore been offered for sale, and are sub

the office of Surveyor General may not be abolished without detriment to the public interest."

Mr. BARTON rose and said, that, considering all dis-ject to entry at the minimum price. And also whether cussions of the relative constitutional powers of the President and Senate, upon matters of displacing, as well as of appointing federal officers in their nature public; and Mr. FOOT observed, that in twelve years' experience in that no rule or order of the Senate made such subjects legislative assemblies, it was not within his recollection secret; he gave notice that, at the next executive session that a resolution merely for inquiry had ever been made a of the Senate, he would move to transfer the discussion of special order: he must, therefore, consider the case as that question from the executive to the legislative journal of the Senate, with a view of giving to it that publicity which the importance of the subject merits.

wholly unprecedented. Instances were not unfrequent in which resolutions of this character had been arrested by the "question of consideration;" such questions were Mr. KING said he rose to express his surprise at the course generally made, where it was considered improper to make pursued by the Senator from Missouri. It is a course so en- the inquiry. As he could not discover any benefit which tirely novel, [said Mr. K.] that I am confident that gentle-should decline giving it his sanction, by taking the lead in could possibly arise from introducing this practice, he man has not given to it his usual reflection. Are we thus, sir, to confound our legislative and executive proceed the debate; indeed he should feel himself placed in a very ings? Is the executive journal thus to be made public, awkward situation, to be gravely debating the question, without the sanction of the Senate, or a notice given while whether it is expedient to inquire into expediency. And in our legislative capacity, of an intention to do an act, as he had not the vanity to think it was in his power "to when we shall be in our executive capacity? I hope, sir, of the Senate by a speech, he wished the resolution to go enlighten" this, or any other committee of five members the Senator from Missouri will perceive the propriety of withdrawing his notice, and take an occasion, when the directly to the committee for consideration. But although Senate shall be engaged on executive business, to bring he waived his right to lead, he reserved the right to reit forward. Should he, however, persevere in pressing ply, if in his judgment it should seem expedient; for the it on the Senate, I am confident you will, sir, [addressing present he only asked the yeas and nays on the adoption the VICE PRESIDENT,] in the discharge of the duties of the resolution.

of your station, refuse its reception.

The yeas and nays were accordingly ordered.

Mr. HAYNE said he would submit to the Chair whether Mr. KANE, of Illinois, said that, whatever might have it was competent for the gentleman from Missouri to make been the most appropriate disposition of the resolution any motion in the Senate, acting in its legislative capacity, upon its first introduction, it appeared to him proper, afin relation to a matter which was stated to be pending beter the discussion it had already undergone, that it should fore the Senate in its executive character; and if not, whether the notice of such a motion could be now receiv ed? If the gentleman desired to bring up any question on the subject to which he had alluded, he might submit a distinct resolution to the Senate, or, if he desired it, to transfer any resolution now pending elsewhere, the motion could only be made there.

The CHAIR decided the whole subject to be out of order.


now be disposed of by an expression of the sense of the Senate upon its principle. If there are, [said Mr. K.] any portion of the people of this country who look to the accomplishment of purposes like those indicated by this resolution, and by kindred efforts elsewhere made, and their hopes not to be realized, the sooner they know it the better. Should, on the other hand, the fears of the people of the new States be alarmed at such projects, simultaneously brought forward in both Houses of Congress, the more speedily they are undeceived the better. The character of the resolution is so peculiar, that the opinions of a Committee will not tend to recommend it to the Senate. No fact is called for, and no state of facts can justify the adoption of its principle. It is a mere direction to the Committee of Public Lands to express their opinion upon a Mr. McKINLEY rose, and replied to the objections theoretic proposition. A reference for such an object is which were made to the bill when it was last before the unusual, and can accomplish no good. The business of Senate. He stated his anxiety that the bill should pass standing committees of this body is to examine into matnow, as some of the lands occupied by the description of ters that cannot, consistently with the ordinary despatch persons which the bill proposed to relieve, were advertis- of public business, be examined by the House itself: opied for sale by auction in Alabama, on the second Monday nions upon principles are formed by gentlemen for themselves, and reports of committees cannot, and ought not, to influence them.

On motion of Mr. McKINLEY, the Senate resumed the consideration of the engrossed bill to grant pre-emption rights to settlers on the public lands.

of the next month.

Mr. HENDRICKS moved that the bill be recommitted

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