186 JAN. 22, 1833.] The Force Bill. [SENATE. those awful consequences which all must foresce as ne-tutional, and that the South would not be satisfied with it. cessarily resulting from the position which South Carolina From the indications around him he was at a loss to decide has thought proper to assume. make the bill the special order for Monday next, but he He had no objection to whether he had been right or wrong. hoped no day more distant than that would be fixed on. The Senator from Pennsylvania had said that there was Mr. MILLER said, that the Senator from Pennsylvania the President to establish floating custom-houses. The no novel feature in this bill, except that which authorized [Mr. WILKINS] had asked him "what was to be the alter-bill provided that in case of any unlawful assemblage, native in case the tariff bill now pending should not that is, that if some half dozen sailors were to assemble pass?" He was not authorized to reply to this question together, and thus give color to the idea of an unlawful for the State of South Carolina. Senator that, in his opinion, Congress might obviate the the President, having no greater love for South Carolina But he would tell the assemblage, and if this were to be near the custom-house, existing difficulty by passing a bill to decrease the tariff than he had for any northern State, might have resort to duties. The passage of even an initiating bill would obvi- force. Another exceptionable provision in the bill was ate the difficulty, as the convention of South Carolina that which gave the power to the officer to keep possesmust be called again to meet the new contingency. He sion of the goods which he may have taken, until the was not prepared to say what kind of a bill would satisfy amount of the duties should be paid down in hard dollars. South Carolina, but a new bill, whatever its character, The State of South Carolina and the United States stood would have the effect of annulling the ordinance. The in relation to each other as two travellers who may have actual state of South Carolina was this: By virtue of her encountered each other on a hedge. If both would agree reserved rights, she was about to throw off judiciously and to keep the right, they might pass easily; but if they peaceably a burden which had been cast upon her by would come in opposition, the stronger would pass over the United States. Standing on their own soil, the peo- the weaker. Now, the Committee on the Judiciary had ple of South Carolina were about to rid themselves of an given to the President power, whenever his collectors, incubus to which they had been subjected. He would his agents, or his minions asked, to call out the whole not go into a statement of the operation of this process military force, to ride rough-shod over the liberties of the through all its various ramifications; but, he contended, people. If the Senator from Pennsylvania wished to give that gentlemen could not see, in the ordinance, or in the an opportunity to Congress to pass any act which would laws of South Carolina, any evidence to sustain the appre-have the effect of conciliating South Carolina, why did he hensions of a violent resistance to the laws. It was a mere object to the most remote day which was named? phantom of an excited imagination which had produced the great alarm that seemed to exist. Mr. KING regretted to see that gentlemen appeared The Senator from Pennsylvania had said that South For himself, he was prepared to give the question all the anxious to rush into a debate on the subject at this time. Carolina did not retrace her steps, when she was particu-consideration which it demanded. It was one of vital imlarly invited to do so by the President. did not now intend to say whether South Carolina was ment of the country, and the President who presides over He (Mr. M.)portance. He was ready to give the National Governright or wrong in the course she had taken. State had thought that the President had no right to issue force the laws; but, at the same time, he was disposed to But that it, such power as would be necessary to uphold and enthe proclamation which had come from him. zens of that State had thought that, under no construc-ment, interfered with the rights of the States or those of The citi- withhold his vote for any proposition which, in his judgtion of constitutional right, could they be deprived of the the people, or which would place in the hands of the Preright to assemble in their own State, for the purpose of sident power which the constitution never intended. amending their own organic law; and that, when they was not prepared to say whether the bill went to that exdid, they were to be put down by a proclamation of the tent, and therefore wished to have time to make up his President of the United States. The people of that State mind. He had, however, hoped that action elsewhere believed that, in issuing this proclamation, the President would have calmed the disquietude of the South, and had himself been guilty of an unconstitutional and unau- that a returning sense of justice on the part of those who thorized act. When the Senator from Pennsylvania had forced the protective system on the country, would could show that it was the duty of the citizens of South have prevented the necessity of clothing the President Carolina to refrain from the exercise of their constitutional with the extraordinary power conferred by this bill. rights, in deference to the President of the United States, feared, however, that there was now but little hope, it would be time enough to answer the charge he had either from the other House or from this, in reference to made against the State for not retracing her steps. must come-it seemed perfectly clear that that must be this matter. The discussion on this question, therefore, the case. He He The President had, in his opening message at the commencement of the present session, recommended a modification and reduction of the tariff duties. lina was ready to afford to the friends of the President poned to so distant a day as would defeat any action on South Caro- He considered that the subject ought not to be postthe longest possible time to act on this recommendation; the subject. and for this purpose he should vote to postpone this bill the administration, to give the matter a proper, a fair exWe owed it to ourselves, to the country, to to the most remote day. He challenged those who rallied amination, and by the yeas and nays to decide the question. round the President to come on, and to show why it was He rose principally to say he should vote against the postthat they now wished to hurry the discussion of the bill. ponement to Monday week, because he believed that genThe President had said that the tariff ought to be repeal-tlemen could come to the discussion as well prepared in ed. Let Congress modify or repeal the tariff by 12 o'clock a shorter period as they would by deferring the subject on the night of the 3d of March, and he would under- to a longer time. write the State of South Carolina, that not an act of vio- would occur to render this discussion unnecessary, he If he could believe that any events lence would take place, not a drop of blood would be would be willing to put it off for a month to give time for shed. He would, therefore, throw the responsibility of such events to interpose; but he believed that no delay any contingent violence on the gentlemen who were the would be long enough to prevent it altogether. He should reputed friends of the President. It was very well known vote against the motion for Monday week, and most asthat, at the last session, when this subject was disposed of, suredly against the proposition for Thursday, as being alhe had himself stated on this floor every principle which together too short a postponement. We should, by fixwas contained in the ordinance of South Carolina. He ing on the earliest day, be precipitated into the subject, had declared that the act of the last session was unconsti- and go into a discussion before a single document could The question on the longest day being first in order, was taken and decided in the negative, as follows: YEAS.--Messrs. Bibb, Black, Calhoun, Mangum, Miller, Moore, Poindexter, Rives, Tyler.-9. So the motion was negatived. [JAN. 22, 1833. be examined. He was astonished when the Senator from principle of a social compact, as so many individuals conPennsylvania [Mr. WILKINS] made his proposition. He stituting one nation; if they have transferred to the Geneshould give his vote for the proposition made by the Sena- ral Government their allegiance; if they have parted with tor from Kentucky, [Mr. CLAY;] for by that time the the right of judging, in the last resort, what powers are Senate would, in all probability, be prepared to enter reserved and what delegated; then, indeed, the States are upon the subject. without sovereignty, without rights; and no other objection can be made to the bill but what might be made to its expediency. But if, on the other hand, these positions are utterly false; if, in truth, the constitution is the work of the people forming twenty-four distinct political comNAYS.--Messrs. Bell, Benton, Brown, Buckner, Cham-munities; if, when adopted, it formed a union of States, bers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, and not of individuals; if the States have not surrendered Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, the right of judging in the last resort, as to the extent of Holmes, Johnson, Kane, King, Knight, Naudain, Pren- the reserved, and, of course, of the delegated powers; tiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, then, indeed, there is not a shadow of foundation in the Smith, Sprague,, Tipton, Tomlinson, Waggaman, White, constitution to authorize the bill; but, on the contrary, Wilkins, Wright.--37. it would be wholly repugnant to its genius, destructive of its very existence; and involved a political sin of the highest character-of the delegated acting against the sovereign power-of the creature warring against the creator. In making these assertions, Mr. C. said he had the authority of the President of the United States himself. He had tacitly acknowledged that if the views of the constitution on which the State of South Carolina has acted be correct, then neither this nor any other measure of force could be adopted against her. On no other principle could the long and elaborate argument (and false, he was compelled to say, as long and elaborate) contained in the proclamation and in the message be explained. Well might the President feel that unless the doctrines on which South Carolina had acted could be successfully resisted, it would be impossible for the Government to adopt any measure against her: which presented the great and solemn question, are they true or not? on which he proposed to make a few remarks, with the intention that the Senate might duly and deliberately reflect on them in the short interval between this and Monday next, (the day fixed for the discussion of the bill.) Mr. WILKINS then withdrew his motion for Thursday. POWERS OF THE GOVERNMENT. Mr. CALHOUN then rose and said, that not agreeing with the chairman of the Judiciary Committee that the measures proposed in the bill were of an ordinary character, and such as were sustained by precedents, but, on the contrary, fully according in the declaration of the Senator from Mississippi [Mr. POINDEXTER] that it would, in fact, be a repeal of the constitution should it receive the sanction of Congress, he had risen to offer three resolutions, with a view of testing the principles on which the bill rested. He had drawn them with great care--with a scrupulous regard to the truth of every assertion they contain, which, he believed, no one who valued his character for candor could contradict, and that no impartial jury in christendom could, on an issue, refuse to render a verdict in their favor; and he had been equally scrupulous in making no deductions but what were sustained by the clearest and most demonstrative reasoning. The great question at issue is, where is the paramount power? Where the sovereignty in this complex, but beautiful and admirable system (if well understood) is lodged? for where the sovereignty is, there too must be Mr. C. said that, though the bill was couched in general the paramount power. A few plain, simple, and inconterms, and made applicable to all the States; and though trovertible positions will determine this point. That the it referred, apparently, on its face, to cases only of insur- people of the States, as constituting separate communirection, or lawless resistance of individual force, yet it ties, formed the constitution, is as unquestionable as any would not be denied that it was intended to be applied historical fact whatever. It stands upon the most durable particularly to the case of South Carolina, and with the and unquestionable record—as much so as the records of intention not of putting down the lawless combinations of any court in the universe; and that the Union, of which individuals in that State, but the authorized opposition of the constitutional compact is the bond, is a union between the people of South Carolina to an act which they consci- States, and not between a mere mass of individuals, rests entiously believed unconstitutional and oppressive, and, as on authority not less high-on the constitution itself, such, exercising the right which belongs to her in the last which expressly declares, in the article of ratification, that resort, as a sovereign member of the confederacy, she has it shall be binding between the States ratifying the samedeclared to be null and void. Whatever resistance, then, words more explicit, he would say technical, could not be may be made in the State of South Carolina is a resistance devised; yet, as certain as these facts are, they cannot be by the State itself, authorized by her sovereign authority, admitted without admitting the doctrines for which South and not the resistance of a lawless combination of indivi- Carolina contends. They, by the most certain and direct duals. It is to put down this resistance that the measure deduction, conclusively will show where the paramount now before the Senate has been reported, and in this cha-power of the system is-where its sovereign authority reracter it is wholly unprecedented; there is no example of sides. the kind to be found on our statute book. No one will pretend that the sovereignty is in the GovHere, then, (said Mr. C.,) is presented the great-he ernment. To make that assertion would be to go back would say the awfully important question--has Congress to the Asiatic idea of government-it is scarcely Eurothe right to pass this bill? There are two views of our pean, as the most intelligent writers in that section of the constitution, going back to its fundamental principles; one globe long since traced sovereignty to a higher source. contained in the proclamation and the message of the Pre- No, the sovereignty is not in the Government, it is in the sident, which have given birth to the bill, and the other the people. Any other conception is utterly abhorrent to ordinance and proceedings of the people of South Caro- the ideas of every American. There is not a particle of sovlina. As the one or the other of these views may be cor-ereignty in the Government. If, then, it be in the people, rect, the bill must be pronounced to be constitutional or which cannot be denied, unless by extinguishing the lights unconstitutional. If it be true, as stated by the President, of political science for more than two thousand years, the that the people of these United States are united on the only possible question that can remain is, in what people? 189 Powers of the Government. 190 [SENATE. As In the people of the United States collectively, as a mass self; and, like every other portion of the Government, is of individuals, or in the people of the twenty-four States, destitute of the least particle of sovereign power. as forming distinct political communities, confederated in delegated powers may be resumed by the sovereign delethis Union? The facts already published decide this ques-gating the same, such a resumption may be a breach of tion, and prove the sovereignty to be in the people of the compact-a violation of the faith of the State; but, even several States. No such community ever existed as the in that case, the State, as a community, and not its citipeople of the United States, forming a collective body of zens individually, is liable. individuals in one nation; and the idea that they are so can break no law. united by the present constitution, as a social compact, ject to none. as alleged by the proclamation, is utterly false and absurd. powers; The State, as a community, To call the constitution the social compact, is the great- the remedy, in such cases, is not hostile enactments; not It can, as a sovereign body, be subest possible abuse of language. No two things are more law, by which the citizens individually are made responIt may pledge its faith; it may delegate its may break the one and resume the other; but dissimilar; there is not an expression in the whole science sible--as the bill most absurdly and preposterously proof politics more perfectly definite in its meaning than the poses; but open force--war itself--unless there be some social compact. It means that association of individuals, provision of a remedial and peaceful character provided founded on the implied assent of all its members, which in the compact. precedes all Government, and from which Government or the constitutional compact springs; and yet, the Presi- of using force on the part of the Federal Government dent, in the daring attempt to put down our federal sys- against the State. That question is not now before the I am not now (said Mr. C.) about to discuss the question tem, has ventured to confound things so totally dissimilar. Senate; but, should it be presented in any stage of this The sovereignty, then, is in the people of the several proceeding, I stand ready to prove that this Government States, united in this federal Union. It is not only in them, has no right even to resort to force. but in them unimpaired; not a particle resides in the Go-who framed our constitution were too wise and patriotic vernment; not one particle in the American people col- to admit of the introduction of force; in constituting a fedlectively. The illustrious men eral system, they had too profound a knowledge of the The people of the States have, indeed, delegated a human heart, too deep an insight into history, not to perportion of their sovereignty, to be exercised conjointly by ceive that the introduction of force into such a system a General Government, and have retained the residue to must necessarily lead to a military despotism. The fabric be exercised by their respective State Governments. But is too delicate to stand its rude shock. They devised, as to delegate is not to part with or to impair power. delegated power in the agent is as much the power of much more consonant to the advanced progress of politithe principal as if it remained in the latter, and may, as cal science and civilization. He alluded to the provision The a substitute, a far more effectual and peaceful means-one between him and his agent, be controlled or resumed at by which all contests for power between the Federal pleasure. Now mark the consequence. No one can deny that the act of the sovereign binds the convention of the States. citizen or subject. The latter is not individually respon- constitutional means of terminating this controversy. Let Government and the States may be virtually decided in a sible for the act of the political community of which he is the States be convened in convention; let the stockholda member, and to which he owes allegiance. The com-ers, if he might be permitted so to express himself, of this That is the true, wise, and munity only is responsible. This is a principle universally great political partnership be called together, that all conrecognised; but without regarding a principle so obvious flicts of power between the directors and any portion of -formed upon the highest sense of justice--this bill pro- the stockholders may be determined in conformity to the poses to make the citizen of South Carolina individually provisions prescribed in the charter of association. responsible for the sovereign acts of the State to which he owes his allegiance! An outrage, more than barbarian, argument, the constitutionality of the tariff is conceded, upon the fundamental principle of political institutions, as and with the same view the authority claimed for the SuIf, then, in a case supposed, (where, for the sake of the has ever been recognised by all people so far advanced preme Court acknowledged,) there would be no right to in civilization as to be formed into political communities. pass this bill of pains and penalties on the citizens of South None can doubt that the convention of the people of Carolina for adhering to their allegiance to the State, how South Carolina is the true organ of her sovereignty. Ac- much stronger must be the objection to its passage when cording to our American ideas, sovereignty, instead of we advert to the fact, that it is not a case of resumption of lying dormant in the mass of individuals composing a State, power delegated to the Government, but the defence of reand instead of being capable of being called into action served powers against unconstitutional encroachment. So by a revolutionary movement only, has a known, organic, far from conceding the constitutionality of the tariff or the and peaceable means of action. That means is a conven- powers claimed for the Supreme Court, not only the State tion of the people. Through its instrumentality all of our of South Carolina, but all the Southern States, believe it constitutions, State and Federal, were formed and rati- to be not only unconstitutional, but highly oppressive; and fied. Through the same authentic voice the people of that the Supreme Court, so far from being the tribunal South Carolina spoke in her late ordinance; which, as far appointed to decide political controversies, is limited by as her citizens are concerned, is not less obligatory than the constitution itself to cases arising in law and equity, the constitution itself. and, of course, where the parties are amenable to its pro cess. It is to see that, under this aspect of the subject, this bill presents a question infinitely beyond that of the tariff or its constitutionality, of nullification, or whether the self-evidence that there was, on the part of its authors, an Supreme Court is the tribunal appointed by the constitu- internal feeling of the force of these arguments; they have Mr. C. said that he could not but perceive in the bill its tion to decide questions in controversy between the State not made it directly applicable to the case of South Caroand Federal Governments. these questions. It may be admitted, to illustrate this sovereign authority, what she believes to be an unconstituIt sweeps away the whole of lina, nor to the case of a State opposing, on her own idea, that the tariff is constitutional; that the Supreme tional act of the Federal Government. If there be guilt, Court is the authority appointed by the constitution to South Carolina alone is guilty. Why, then, make the projudge questions in conflict between the State and Federal visions of the bill applicable to all the States? Why make Governments; and yet this bill cannot be justified. High it the general and permanent law of the land? The other as the authority of the court may be, its powers are but States have not been even the abettors in the mighty strugdelegated powers; it makes a part of the Government it-gle of South Carolina to maintain the constitution and lib SENATE.] Powers of the Government.--Mr. Calhoun's Resolutions. [JAN. 22, 23, 1833. erties of the country. She has been discountenanced even any common judge, each has an equal right to judge for by her sister States immediately interested in the issue! itself, as well of the infraction as of the mode and meaWhy, then, commit the injustice of including them in its pe-sure of redress. nal enactments? Why disguise the real inte ntion, that iis "Resolved, That the assertions that the people of these to coerce a sovereign State, exercising her constitutional United States, taken collectively as individuals, are now, right of judging, in the last resort, of her reserved rights, or ever have been, united on the principle of the social with a view of protecting her citizens against the encroach-compact, and as such are now formed into one nation or ments of the Federal Government? Why not meet this people, or that they have ever been so united in any one mighty issue boldly and manfully? Why confound the stage of their political existence; that the people of the movements of a State with riots, mobs, and insurrections? several States composing the Union have not, as members But one reason can be assigned. A conscious instinct of the thereof, retained their sovereignty; that the allegiance of palpable injustice and absurdity of such a bill. Mr. C. said, their citizens have been transferred to the General Governthat viewing the bill on its principles, he conceived it a ment; that they have parted with the right of punishing virtual repeal of the constitution, as much so as if it was treason through their respective State Governments; and expressly drawn on its face with "Be it enacted by the that they have not the right of judging in the last resort authority of the Senate and House of Representatives, that as to the extent of the powers reserved, and, of consethe constitution be, and the same is hereby repealed."quence, of those delegated; are not only without foundaShould it pass, it will effectually and forever put down tion in truth, but are contrary to the most certain and plain our beautiful federal system, and rear on its ruins a con-historical facts, and the clearest deductions of reason; and solidated Government. The sovereignty of the States that all exercise of power on the part of the General Govwould be forever submerged-that sovereignty which con-ernment, or any of its departments, claiming authority stituted ours a federal system, and the loss of which would from so erroneous assumptions, must of necessity be unmake it a consolidation. constitutional, must tend directly and inevitably to sub- PUBLIC LANDS. The issue is now before us; the decision cannot be much longer delayed; the rejection or the passage of this bill will probably decide it forever. Let no one suppose that, in deciding this great question, our system will stop at mere consolidation; it is but a stage in the certain progress to military despotism, and that the most odious and oppressive; as, in proportion to the independent free spirit of the people, must be the sternness of the despotism necessary to hold them in subjection. But two modes of political existence can long endure in our country; the one that formed, by the framers of our admirable constitution, a federal system, uniting free and independent States in a bond of union for mutual advantages, and to be preserved to a motion for adjournment. by the concurrent assent of the parts; or a government of the sword. The choice is before us. Mr. C. said that he had drawn the resolutions which he was about to propose, for the purpose of bringing the principles of this bill distinctly before the Senate; and that he had accompanied them with the few remarks which he had made, with a view of calling the solemn attention of its members to the mighty consequences which he conscientiously believed to be involved in its passage. He conceived it to be impossible to adopt the resolutions and to pass the bill, and that it was equally impossible to deny the facts on which they rest, or reject the conclusions deduced therefrom. Mr. C. concluded by submitting the following resolu The Senate then proceeded to consider the bill to appropriate, for a limited time, the proceeds of the sales of the public lands, &c. Mr. EWING rose to continue his remarks, but yielded WEDNESDAY, JANUARY 23. MR. CALHOUN'S RESOLUTIONS. The resolutions offered yesterday by Mr. CALHOUN were then taken up for consideration. The resolutions having been read, Mr. MANGUM said, he did not perceive that any benefit could result from the discussion of these resolutions at this time. There was other business of importance before the Senate, to the immediate action on which the disposition of that body pointed. With a view, therefore, to save the time of the Senate, and to bring the whole subject under consideration together, he would move to postpone the further consideration of the resolu"Resolved, That the people of the several States com-tions until Monday. posing these United States are united as parties to a con- Mr. CALHOUN expressed his acquiescence in the stitutional compact, to which the people of each State ac-motion. He had no desire to anticipate the discussion on ceded as a separate sovereign community, each binding it- the bill. He merely desired to have an opportunity of self by its own particular ratification; and that the Union, being heard at an early period on the subject of his resoof which the said compact is the bond, is a union between lutions. the States ratifying the same. tions: Mr. GRUNDY expressed a hope that the gentleman "Resolved, That the people of the several States, thus from North Carolina would, for a moment, withdraw his united by the constitutional compact, in forming that in motion, in order to give him an opportunity to present an strument, and in creating a General Government to carry amendment to, or rather a substitute for, the original reinto effect the objects for which they were formed, dele-solutions. His substitute might then be printed, and the gated to that Government, for that purpose, certain defi- whole might be taken up together. He would, after nite powers, to be exercised jointly, reserving at the same offering his amendment, acquiesce in any motion for time, each State to itself, the residuary mass of powers, postponement. to be exercised by its own separate Government; and that whenever the General Government assumes the exercise of powers not delegated by the compact, its acts are unauthorized, and are of no effect; and that the same Government is not made the final judge of the powers delegated to it, since that would make its discretion, and not the constitution, the measure of its powers; but that, as in all other cases of compact among sovereign parties, without Mr. MANGUM withdrew his motion. Mr. GRUNDY then moved the following as a substitute for the original resolutions: "Resolved, That, by the constitution of the United States, certain powers are delegated to the General Government, and those not delegated nor prohibited to the States are reserved to the States, respectively, or to the people. JAN. 23, 1833.] Public Lands. [SENATE. "2. Resolved, That one of the powers expressly granted years, and shall have paid down the sum of fifty cents by the constitution to the General Government, and pro- per acre, shall be entitled to receive a patent therefor hibited to the States, is that of laying duties on imports. from the United States. I am not yet prepared to say "3. Resolved, That the power to lay imposts is by the whether or not the amendment proposed is the best disconstitution wholly transferred from the State authorities position, consulting the great interests of the Union, to the General Government, without any reservation of power or right on the part of the State. 4. Resolved, That the tariff laws of 1828 and 1832 are exercises of the constitutional power possessed by the Congress of the United States, whatever various opinions may exist as to their policy and justice. which can be made of the public lands; but I must protest against the principles which are involved in the bill proposed to be amended. The original proposition presents itself as a direct appeal to the cupidity of the several State Governments, in which the people are supposed to have a nearer interest 5. Resolved, That an attempt on the part of a State than in the General Government; it is an invitation to to annul an act of Congress passed upon any subject ex-take and eat of the forbidden tree, with the assurance, clusively confided by the constitution to Congress, is an "thou shalt not surely die." encroachment on the rights of the General Government. The friends of a high tariff in the old States are sup"6. Resolved, That attempts to obstruct or prevent posed to advocate the bill, while the opponents of a high the execution of the several acts of Congress imposing tariff in the old States oppose it. The interest of the duties on imports, whether by ordinances of conventions tariff and anti-tariff States, so far as relates to the recepor legislative enactments, are not warranted by the con-tion of the dividend proposed, must be the same. Money stitution, and are dangerous to the political institutions of must be as acceptable to the State of Georgia as to the the country." State of Massachusetts. Why, then, does not Georgia Mr. GRUNDY moved that the resolutions he had offer-seek the same disposition of the public lands as does ed be printed. Mr. WEBSTER suggested that the motion, to be correct in point of form, should be to postpone the whole subject till Monday, and in the mean time to print the amendment. Mr. MANGUM then varied his motion to embrace the two objects, and the motion for postponement was then agreed to. PUBLIC LANDS. Massachusetts? Georgia well knows that the proceeds of the public lands, abstracted from the treasury, creates the necessity of raising, by taxation on the consumption of the country, an equal amount; and Massachusetts, in the same thing, fancies that this additional taxation goes so much for the protection of that class of her citizens who have invested capital in various manufactures. The idea is altogether fallacious, that the great mass of the people of this country can be benefited by the division of the proceeds of the sales of the public lands The Senate then resumed the consideration of the bill among the several States. So long as the legitimate exto distribute, for a limited time, the proceeds of the public penditures of the National Government exceed the lands. The question being on the motion of Mr. POIN-amount of revenue raised from any other than public DEXTER to amend, property, so long will such a division of the avails of the Mr. EWING concluded the remarks which he had com-public lands among the several States lessen the burdens menced on Monday. (Given entire above.) of the people not at all. We will see what will be the Mr. HILL next rose, and said: The bill originally re-operation of this dividend on the State of New Hampported, after giving to the seven new States of Ohio, shire. Indiana, Illinois, Alabama, Missouri, Mississippi, and Lou- It will be admitted by all to be bad policy to raise moisiana, besides the five per cent. to which they are enti-ney in any Government for the purpose simply of distribtled by compact, entered into when they were severally uting it among those who have originally contributed it. admitted into the Union, and twelve and a half per centum The expenses of collection and distribution, and the inteupon the nett amount of all the sales of public lands, rest or use of the money raised during the term of the divides the residue of the nett proceeds of the public whole process, are so much dead loss. The distribution lands among the twenty-four States of the Union, accord-of the avails of the sales of the public lands, so long as it ing to their respective federal representative population, is necessary to raise money by impost or otherwise, is still to be applied by the Legislatures of the said States to worse in principle than the taxation and distribution to such objects of education, internal improvement, coloni- which I have alluded. It is worse to New Hampshire and zation of free persons of color, or reimbursement of any to all the States on the seaboard; because, while those existing debt contracted for internal improvements, as States receive less than their proportion from the public the said Legislatures may severally designate and au- lands, they pay more than their proportion of the taxes thorize. It grants, besides, to the new States of Missis-on imports to support the Government. sippi, Louisiana, and Missouri, one half million of acres In the distribution of three millions of dollars, the proeach; to Indiana, one hundred and fifteen thousand two portion of New Hampshire will be about sixty thousand. hundred and seventy-two acres; to Illinois, twenty thou-This sixty thousand dollars, augmented by the expense of sand; and to Alabama, one hundred thousand acres of land, lying within their own limits, the nett proceeds of the sales of which to be applied to objects of internal improvement within those States. collection, and the greater portion of duties paid by consumers on the seaboard than by those living far in the interior, who consume less, will bring upon her an additional tax of at least one hundred thousand dollars; so that for every sixty cents received she pays out a dollar in new taxes. If an individual in his own private affairs were to engage in such a speculation as this, he would be set down as a fool. The amendment submitted by the Committee on Public Lands provides that the public lands heretofore offered for sale at one dollar and twenty-five cents the acre, and remaining unsold, shall, after the thirteenth of June next, be offered at private sale at one dollar per acre. The But it is not the loss from the speculation itself that I second section of the amendment provides that any head so much deprecate--it is the demoralizing effect the diviof a family, or single man over twenty-one years of age, dend must have on the healthy action of our State Govor any widow, may demand and receive from the register ernments. Where a State has incurred an enormous debt and receiver a written permission to settle on a tract of in attempting to make internal improvements in unpro land not exceeding one quarter-section, and that the ductive roads and canals, the application of the dividend person so applying, if he or she shall forthwith settle might be well applied to discharge the interest upon an thereupon and cultivate the land for five consecutive interminable burden which has been thrown upon such VOL. IX.--13 |