FEI. 2, 1830.] Mr. Foot's Resolution. [SENATE. that a loose and careless conversation, reaching Mr. Jef- professions, and would not pluck a flower from the chapferson through circuitous channels, may have been entire- let of his fame. But at every hazard--let the consequenly misunderstood? A familiar, a pleasant conversation, ces fall where they may--I will repel every imputation, between Mr. Bayard and his friend General Smith, on the like that contained in the memoir, upon the memory of 'political prospects of the latter gentleman, (then as bright Mr. Bayard, who, at the very period referred to, held the as those of any man in the country) repeated by him care- vote of my native State in his hand, and whose honor in lessly, or probably in jest, may have for a short time made that transaction cannot be touched without a reflection upan impression on the minds of Mr. Livingston and Wilson on the State herself. Her maxim will ever be, whether Cary Nicholas, which these gentlemen, or one of them, she speaks here by me as her Representative, or by any assuredly conveyed to Mr. Jefferson. Sir, a very few days otherprobably cleared up the mystery, and put all matters right, and therefore it was immediately forgotten by the parties concerned. This explanation is to my mind entirely satisfactory. I do not make these remaks because I suppose this occurrence by the Senator from Missouri, let this subAnd now, having repudiated the inference drawn from any vindication of the reputation of Mr. Jefferson to be necessary. That rests on a foundation that cannot be sha-ject henceforth and forever sleep with the illustrious dead who have formed the topic of this desultory discussion. Not ken. The time was, sir, when a large portion of the people were taught to believe that Mr. Jefferson was destitute of every principle, political, moral, and religious: while, by his political friends, no man was ever so much admired, respected, and beloved, he was feared, and hated, slandered, and reviled, by his enemies. In one respect, however, he was certainly the most fortunate of men. having out-lived the gratitude and affection of his friends, he lived down the hostility of his enemies. Time and op; portunity convinced all parties, that, in that great and good man were found, in happy combination, all those extraor dinary endowments, and rare virtues, which made him an honor to the age in which he lived. Sir, he descended to the tomb, not only "full of years and full of honors," but occupying, at the moment when he closed his mortal career, the very first place in the hearts of millions of free men. "To thine own self be true; "And it must follow, as the night the day, THE RESOLUTION OF Mr. FOOT. Mr. BENTON then rose, and proceeded to address the Senate about an hour, in continuation of his remarks on Mr. FOOT'S resolution. TUESDAY, FEBRUARY 2, 1830, hours, in conclusion of his speech, commenced on a forMr. BENTON again rose, and spoke more than two mer day. Mr. SPRAGUE next rose to address the Senate on the subject, and had procceded near half an hour, when he gave way for a motion to adjourn. [The following speech of Mr. BENTON was commenced January 20th, and continued for some time, when Mr. WEBSTER having come in, Mr. BENTON gave way to Mr. Mr. CLAYTON said that he had already announced his HAYNE, by whom and Mr. W. the floor was occupied four intention in regard to this matter to have been entirely ex-days. It was not till the discussion between them was culpatory; but he was willing to avail himself of another over, that Mr. BENTON proceeded with his speech, in opportunity of making the same declaration, to prevent any doing which he replied to many things said by Mr. W. misapprehension. On Thursday, while this resolution was in his debate with Mr. HAYNE. In reporting Mr. B's under consideration, and before the Senator from Missou- speech, it was deemed best to keep it united, and it is here ri [Mr. BENTON] had commenced his reply to the Senator given entire, as it was delivered from day to day.] from Massachusetts, he desired permission to put a quesMr. BENTON said he could not permit the Senate to tion to the gentlemen from Maryland and Louisiana, for adjourn, and the assembled audience of yesterday to sethe purpose of correcting an error in a volume cited in the parate, without seeing an issue joined on the unexpected debate, which, on account of the extraordinary imputation declaration then made by the Senator from Massachusetts it cast upon the memory of one now in his grave, who held [Mr. WEBSTER]-the declaration that the Northeast seca distinguished rank among the statesmen of this country, tion of the Union had, at all times, and under all circumhad become the subject of general conversation here, and stances, been the uniform friend of the West, the South to which his attention had been repeatedly called by other inimical to it, and that there were no grounds for asserting gentlemen. He at that time saw the gentlemen from Ma- the contrary. Taken by surprise, as I was, [said Mr. ryland and Louisiana in their seats; and as so favorable an BENTON] by a declaration so little expected, and so much opportunity then offered of removing the effects of an er- in conflict with what I had considered established history, ror, which, without their evidence, could never be so sa- I felt it to be due to all concerned to meet the declaration tisfactorily corrected, he chose to avail himself of it. My upon the instant--to enter my earnest dissent to it, and to object [said Mr. C.] was fully obtained. The Senator support my denial by a rapid review of some great hisfrom South Carolina [Mr. H.] did not understand me as torical epochs. This I did upon the instant, without a saying aught against Mr. Jefferson; but the Senator from moment's preparation, or previous thought; but I checked Missouri chose to work himself up into a most patriotic ex-myself in an effusion, in which feeling was at least as precitement, denouncing the proceeding as an attack upon dominant as judgment, with the reflection that issues of Mr. Jefferson. It is true, as he has stated, that I did not fact, between Senators, were not to be decided by bandyconsult him in regard to the proceeding. I chose to fol- ing contradictions across this floor; that it was due to the low my own course: I would pursue the same course again, dignity of the occasion to proceed more temperately, and and it is now to me a matter of no very great importance with proof in hand for every thing that I should urge. I then whether he approves it or not. As to the charge of an at- sat down with the view of recommencing coolly and retack upon Mr. Jefferson, as the Senator sat at some dis-gularly as soon as I could refresh my memory with dates tance from me, he may have misapprehended my observa- and references. The warmth of the moment prevented tion; and whether he did or not, it is not my purpose now me from observing what was most obvious-namely, that to inquire, but protest against all his inferences on the sub- the resolution under discussion was itself the most pregject, if drawn from my remarks, as unfounded and gratu- nant illustration of my side of the issue. It is a resolution itous. Every honorable man will appreciate my motives. of direst import to the new States in the West, involving I think that the gentleman might have put a charitable in its four foldaspect, the stoppage of emigration to that construction upon the error into which Mr. Jefferson had region, the limitation of its settlement, the suspension of fallen. I entertain as high an opinion of the reputation of The substance of this effusion being incorporated with the speech that great statesman as others who make much greater began the next day, it has not been published." * SENATE.] Mr. Foot's Resolution. [FEB. 2, 1830. surveys, the abolition of the Surveyor's office, and the from slave States, in April, 1784, nearly two years before surrender of large portions of Western territory to Mr. Dane became a member of Congress. The clause the use and dominion of wild beasts; and, in addition to was not adopted at that time, there being but six States in all this, connecting itself, in time and spirit, with another favor of it, and the articles of confederation, in questions resolution, in the other end of the capitol, for delivering of that character, requiring seven. The next year, '85, up the public land in the new States to the avarice of the the clause, with some modification, was moved by Mr. old ones, to be coined into gold and silver for their bene- King, of New York, as a proposition to be sent to a comfit. This resolution, thus hostile in itself, and aggravated mittee, and was sent to the Committee accordingly; but, by an odious connexion, came upon us from the North- still did not ripen into a law. A year aferwards, this clause, east, and was resisted by the South. Its origin, and its and the whole ordinance, was passed, upon the report of a progress, was a complete exemplification of the relative Committee of six members, of whom, the name of Mr. affections which the two Atlantic sections of the Union Dane stands No. 5, in the order of arrangement on the bear to the West. Its termination was to put the seal upon Journal. There were but eight States present at the pasthe question of that affection. The Senator from Mas-sing of this ordinance, namely, Massachusetts, New York, sachusetts, [Mr. WEBSTER] to whom I am now replying, New Jersey, Delaware, Virginia, North Carolina, South was not present at the offering of that resolution. He Carolina, and Georgia; and every one voted for it. [Here arrived when the debate upon it was far advanced, and the Mr. B. read the parts of the Journal which verified these temper of the South and West fully displayed. He saw statements, and continued:] So passes away the glory the condition of his friends, and the consequences of the of this world. But yesterday, the name of Nathan Dane, movement which they had made. Their condition was that of Beverly, Massachussetts, hung in equipoise against half of a certain army, which had been conducted, by two the names of the sages of Greece and Rome. Poetry consuls, into the Caudine Forks; the consequences might and cloquence were at work to blazen his fame; marble, be prejudicial to the Northeast-more accurately speaking, and brass, and history, and song, were waiting to perform to a political party in the Northeast! His part was that of their office. The celestial honors of the apotheosis seemed a prudent commander--to extricate his friends from a pe- to be only deferred for the melancholy event of the serilous position; his mode of doing it ingenious, that of pulchre. To-day, all this superstructure of honors, hustarting a new subject, and moving the indefinite post-man and divine, disappears from the earth. The foundaponement of the impending one. His attack upon the tion of the edifice is sapped; and the superhuman glories South was a cannonade, to divert the attention of the as- of him, who, twenty-four hours ago, was taking his station sailants; his concluding motion for indefinite postpone- among the demi-gods of antiquity, have dispersed and ment, a signal of retreat and dispersion to his entangled dissipated into thin air-vanishing like the baseless fabric friends. They may obey the signal. They may turn of a vision, which leaves not a wreck behind. head upon their speeches, and vote for the postponement, and avoid a direct vote upon the resolution, and give up the pursuit after that information which was so indispensable to do justice and to avoid suspicion; but in doing so, they take my ground against the resolution; for indefinite postponement is rejection; and whether rejected or not, the indelible character of the resolution must remain. It was hostile to the West! It came from the Northeast! and was resisted by the South! So much for the ornamental work; now for the rubbish. The Senator from Massachusetts [Mr. W.] has dwelt with much indignation upon certain supposed revilings of the New England character. He did not indicate the nature of the revilings, nor the name of the reviler. 1, for one, disclaim a knowledge of the thing, and the doing of the thing itself. I deal in no general imputations upon communities. Such reflections are generally unjust, and always unwise. I am no defamer of New England. The Before I proceed to the main object of this reply, I must man must be badly informed upon the history of these be permitted [said Mr. B.] to tear away some ornamental States who does not know the great points of the New work, and to remove some rubbish, which the Senator England character. He must poorly appreciate national from Massachusetts [Mr. W.] has placed in the way, either renown in arms and letters--national greatness, resting on to decorate his own march, or to embarrass mine. He has the solid foundations of religion, morality, and learning, brought before us a certain Nathan Dane, of Beverly, who does not respect the people among whom these Massachusetts, and loaded him with such an exuberance of things are found in rich abundance. Yet, I must say-the blushing honors, as no modern name has been known to speech of yesterday forces me to say it--that, in a political merit, or to claim. Solon, Lycurgus, and Numa Pom-point of view, the population of New England does not pilius, are the renowned legislators of antiquity to whom stand undivided before me. A line of division is drawn he is compared, and, only compared for the purpose of through the mass, whether "horizontally," leaving the being placed at their head. So much glory was earned rich and well born above, the poor and ill-born below; or by a single act, and that act, the supposed authorship of vertically, so as to present a section of each layer, is not the ordinance of 1787, for the Government of the North-for me to affirm. The division exists. On one side of it western Territory, and especially of the clause in it which we see friends who have adhered to us in every diversity prohibits slavery and involuntary servitude. Mr. Dane of fortune, who have been with us in six troubles, and will was assumed to be the author of this ordinance, and es- not desert us in the seventh; men who were with us in pecially of this clause, and upon that assumption was '98, and in the late war; whose grief and joy rose and sunk founded, not only the great superstructure of Mr. Dane's with ours in the struggle with England; who wept with us glory, but a claim also upon the gratitude of Ohio, and all over the calamities of the Northwest, and rejoiced in the the Northwest, to the unrivalled legislator, who was the au- splended glories of the Southwest! On the other side, thor of their happiness, and to the quarter of the Union we see those who were against us in all these trials; who which was the producer of the legislator. So much enco- thought it unbecoming a moral and religious people to mium, and such grateful consequences, it seems a pity to celebrate the triumphs of their own country over its enemy, spoil-but spoilt they must be: for Mr. Dane was no more but quite becoming the same people, to be pleased at the the author of that ordinance, sir, than you, or I, who, about victories of the enemy, over their country; who gave a that time were "mewling and puling in our nurse's arms.' dinner to him that surrendered Detroit. The line of diviThat ordinance, and especially the non-slavery clause, was sion exists. On one side of it stands the democracy of not the work of Nathan Dane, of Massachusetts, but of New England, to whom we give the right hand of fellowThomas Jefferson, of Virginia. It was reported by a ship at home and abroad; on the other side, all that stands Committee of three, Messrs. Jefferson, of Virginia, Chase, opposed to that democracy, for whose personal welfare of Maryland, and Howard, of Rhode Island--a majority we have the best wishes; but with whom we must decline, FEB. 2, 1830.] Mr. Foot's Resolution. [SENATE. as publicly as it was proffered, the honor of that alliance sectarian-clannish--jealous-envious--narrow-contractwhich was yesterday vouchsafed to the West, if not in ed--excite--provoke-multiplying, fomenting, principles direct terms, at least by an implication which no one mis- of repulsion"- --are phrases which need no aid from the dicunderstood. When, then, the people of New England tionary to uncover their pregnant meaning. I will only shall read of these revilings, in that well delivered speech ask for three or four concessions: of yesterday, let them remember that an issue of fact is 1. That the authority of the writer of the letter is ca joined upon the assertion, and that it is contained in the nonical, and binding on the church. same speech which supposes Nathan Dane, of Beverly, 2. That it goes the full length of charging the New EngMassachusetts, to have been the author of a certain pro-land leaders of 1813 with opposition to Western emiduction, in the year 1786, which the Journals of Congress gration. show to have been the work of Thomas Jefferson, of Mon- 3. That nothing which I have said of the motives, or ticello, Virginia, in the year 1784! The same speech conduct, of those who oppose this emigration, can comwhich claims, for New England, the gratitude of the pare in severity of expression with the language of Mr. Northwestern States for passing that ordinance, when the Adams. Journals prove that it had the votes of four States from 4. That the political leaders of whom he spoke as opthe South of the Potomac, and only one from New Eng-posing emigration to the West, upon such motives, and land! When it could have passed without the New Eng- by such means, are the same who are now denying it on land vote, but not without three of the Southern ones! this floor, and wooing the West into an alliance with them. But I did say something which might be understood as I gave yesterday [said Mr. B.] the brief history of the a reproach upon some of the leading characters of New great attempt, in '86, 7, 8, to surrender the navigation of England; it was upon the subject of emigration to the the Mississippi; to surrender it in violation of the articles West, and their opposition to it. I quoted high authority of confederation, by a majority of seven States, when the at the time-the authority of gentlemen who had served in requisite majority of nine could not be obtained; the proCongress, and made their statements in the Virginia Contracted resistance of these attempts by the Southern States; vention, under the highest moral responsibilities. Their their final defeat by a movement from North Carolina; statement is denied. will, therefore, produce authority and the secrecy in which the whole was enveloped. The from a different quarter, and of a more recent application history of these things were given then, the proofs will be -the letter of a son of New England, to another son of the same quarter of the Union. The Letter-from the Boston Centinel of April 18th, 1827. "ST PETERS.URGI, 24th Oct. 1813. produced now; the epoch and the subject are entitled to the first degree of consideration in this inquiry into the relative affection of two great sections of the Union to a third: for, on this question of a surrender of the navigation of the Mississippi to the King of Spain, commenced that line of separation between the conduct of the Northeast, and of the South, towards the West, which has continued to this day. [The Doctor had mentioned the vast emigration from The first movement upon this subject was in the winter New England to the Western Territories, about, and pre-of 1779-80. It came through the French ambassador, the viously to, the time of his writing, to which portion of his Chevalier de la Luzerne, the United States having no diploletter, Mr. Adams replied as follows:] matic relations, at that time, with the King of Spain. The "I am not displeased to hear that Ohio, Kentucky, In-Chevalier, in a secret communication to Congress, informdiana, Louisiana, are rapidly peopling with Yankees. 1ed them, by the command of the King of France, that consider them as an excellent race of people, and, as far the King of Spain would join the United States against as I am able to judge, I believe that their moral and politi-England, upon four conditions, namely: cal character, far from degenerating, improves by emigra 1. That the settlements and boundary of the United tion. I have always felt, on that account, a sort of predi-States should not extend further West than to the heads lection for those rising Western States, and have seen with of the rivers that flowed into the Atlantic Ocean. 3. That the Floridas should belong to her. no small astonishment, the prejudices harbored against 2. That the exclusive navigation of the Mississippi should them. There is not upon this globe of earth, a spectacle belong to Spa'n. exhibited by man, so interesting to my mind, or so consolatory to iny heart, as this metamorphosis of howling deserts into cultivated fields and populous villages, which is yearly, daily, hourly, going on, by the hands chiefly of New England men, in our Western States and Territories. making settlements to the west of the Alleghanies, and that all the country beyond these mountains should be considered as British possessions, and proper objects for the arms and permanent conquest of Spain. [Secret Journals, vol 2, p. 310.] If New England loses her influence in the councils of the Union, it will not be owing to any diminution of her population, occasioned by these emigrations: it will be The proffered alliance of Spain, upon these conditions, from the partial, sectarian, or, as Hamilton called it, clannish spirit, which makes so many of her political leaders was rejected by Congress. But her alliance was an object of the first importance, and, to obtain it, if possible, withjealous and envious of the West and South. This spirit is, in out the worst of these conditions, Mr. Jay was despatchits nature, narrow and contracted; and it always works by ed to Madrid. On the subject of the Mississippi, Mr. Jay means I ke itself. Its natural tendency is to excite and pro was directed to make a sine qua non of the free navigation voke a counteracting spirit of the saine character; and it of that river, and the use of a port near its mouth. On the has actually produced that effect in our country. it has combined the Southern and Western parts of the United subject of the West--for I limit myself to these points-he was directed to say that the West being settled by citizens States, not in a league, but in a concert of political views of the United States, friendly to the Revolution, Congress adverse to those of New England. The fame of all the would not assign them over to any forcign Power. These great legislators of antiquity is founded upon their contri-instructions were unanimously given. This was in the vances to strengthen and multiply the principles of attrac- commencement of the year '80. One year afterwards, to tion in civil society. Our legislators seem to delight in wit, the 15th of February, '81, one month before the batmultiplying and fomenting the principles of repulsion." tle of Guildford Court House, the delegates of Virginia, Having read this letter of Mr. Adams, Mr. B. continued in pursuance of instructions from their constituents, movI will make no comment on the language here used. It is ed to recede from so much of the previous instruction of sufficiently significant without that trouble. "Partial--Mr. Jay as made the free navigation of the Mississippi, a VOL. VI.-13 SENATE.] Mr. Foot's Resolution. [FEB. 2, 1830, sine qua non: Provided, that Spain should "unalterably" This letter was referred to a committee of three, nameinsist upon it, and not otherwise come into the alliance ly: Mr. King, of New York, Mr. Pettit, of Pennsylvania, against England; and that the minister be "ordered to ex- and Mr. Monroe, of Virginia. They reported that the ert every possible effort" to obtain the alliance, without letter should be taken under consideration in Committee of the surrender of the navigation of the river. On the the whole House. This committee resolved to hear the question to agree to this modfication of the instructions, Secretary in person, fixed a day for his attendance, and the vote stood: Yeas, Pennsylvania, Virginia, South Caro- ordered him to state the difficulties of which his letter had lina, Georgia, New Hampshire, Rhode Island, Delaware, given intimation. Maryland, (the four latter having but one member each present.) Nays, Massachusetts, Connecticut, and North Carolina. New York divided, and not counted. "That the minister be empowered to make such further cession of the right of these United States to the navigation of the Mississippi, as he may think proper; and on such terms and conditions as he may think most for the honor and interest of these United States." He did so, in a written statement, which, including letters from Don Gardoqui, occupies some thirty pages of the Journal. The points of it, so far as they are material This, [said Mr. B.] is the case mentioned by Mr. Ma- to the question now before the Senate, were, that the dison, in the Virginia convention; the instance of willing-pending negotiations for boundaries and navigation should ness, on the part of the Southern States, to give up the also include commerce; that the United States should navigation of the Mississippi, and its resistance by the abandon to the King of Spain the exclusive navigation of Northern States, to which he alluded. The journals show the Mississippi, for twenty-five or thirty years, and that the facts of the case. They control the recollections of Spain should purchase many articles from the United Mr. Madison, and leave me not a word to say. But, the States, of which pickled salmon, train oil, and cod fish, question of this navigation, and these instructions, did not were particularly dwelt upon.-[Vol. 4, pages 45 to 63.] stop here. On the 10th of August following, it was pro- From this instant, the division between the North and posed to vest the minister at Madrid with discretionary South, on the subject of the West, sprung into existence. power over the navigation of the Mississippi, and unani- A series of motions and votes ensued, and a struggle, mously rejected. The proposition stands thus, p. 468, of which continued two years, in which Maryland, and all the fourth volume of the Journal: South, voted one way, and New Jersey, and all North, voted the other. The most important of these motions were, 1. A motion by Mr King, of New York, to repeal the clause in the instructions to Mr. Jay which made the navigation of the Mississippi a sine qua non, which was carried by the seven Northern States against the others. Upon the question of adopting this proposition, the votes 2. A motion by Mr. Pinckney, of S. Carolina, to revoke were unanimously against it, not of States only, but of the whole instruction, and stop the negotiation; lost by members; every member of every State present voting in the same vote. 3. A motion by Mr. Pinckney, seconded the negative. This was a proud instance of unanimity. The by Mr. Monroe, to declare it a violation of the articles of result of it was, the acquisition of the alliance of Spain the Confederation, for seven States to alter the instructions without a surrender of the great right of navigation in the for negotiating a treaty, those articles requiring the conKing of Floods. sent of nine States on questions of that kind; lost by the The question of the navigation of this river then slept same vote. 4. A motion by the delegates from Virginia for four years, until the summer of 1785, when Don Gar- to make it a sine qua non, that the citizens of the United doqui, the Spanish encargado de negocios, arrived in the States should have the privilege of taking their produce United States, with powers to negotiate a treaty. Mr. Jay, to New Orleans; the United States to have a consul, and the Secretary of State for Foreign Affairs, was appointed the citizens factors there; that the vessels be allowed to to treat with him. The instructions to Mr. Jay limited his return empty, and the produce to be exported on paying negotiation to two points, namely, boundaries and naviga- a small export duty: lost by the same array of votes. 5. A tion; and, on this latter point, the last clause of his instructions motion made by Mr. St. Clair, seconded by Mr. King, to made the free navigation of the Mississippi, and the use make the same proposition, to be obtained, if possible, of a port near its mouth, an indispensable condition to the but not a sine qua non; carried by the ayes of New Hampconclusion of a treaty. These instructions seem to have shire, Massachusetts, Rhode Island, Connecticut, New been given with entire unanimity. No division of senti- York, New Jersey, Pennsylvania, seven; against the noes ment appears on the Journal, and nearly a whole year of Maryland, Virginia, North Carolina, South Carolina, elapsed before any thing appears upon the subject of this Georgia, five; Delaware not present. negotiation, thus committed to Mr. Jay and Don Gardoqui, I pause a moment, in the narrative of these occurAt the end of that time, it was brought before Congress rences, to remark that the motion of the Virginia deleby a letter from Mr. Jay, in secret session, and gave rise gation, above stated, has been misunderstood; that it to proceedings which I beg leave to read, not choosing to has been supposed that that delegation and the South, trust any thing to my memory, or to risk the possible sub- which voted with them, were then in favor of paying stitution of my own language for that of the record, in a tribute to Spain, and abandoning forever the upward case of so much delicacy and moment. or ascending navigation of the Mississippi, and that the seven Northern States prevented that calamity to the West. Nothing can be more erroneous than this concepto make sure, by a sine qua non, this poor privilege tion. The attempt of Virginia was to save, at all events of exporting, paying an export duty of two and a half per cent. and returning empty; and this, after seeing that the whole right to the navigation, descending as well as as The letter of Mr. Jay to the President of Congress. Office of Foreign Affairs, May 29, 1786. "Sir: In my negotiations with Mr. Gardoqui, I experience certain difficulties, which, in my opinion, should be so managed, as that even the existence of them should remain a secret for the present. I take the liberty, therefore, of submitting to the consideration of Congress, whether it might not be advisable to appoint a committee, cending, was to be surrendered for twenty-five or thirty with power to instruct and direct me on every point and Virginia proposition was to have an opportunity of doing years. The vote of the seven Northern States against the subject relative to the proposed treaty with Spain. In case Congress should think proper to appoint such a comnot better, but worse, for the West; to make this same promittee, I really think it would be prudent to keep the position not an indispensable condition to the conclusion appointment of it secret, and to forbear having any conversation on subjects connected with it, except in Congress, and in meetings on the business of it. JOHN JAY." of a treaty, but a mere proposal, to be obtained if it could, and if not, the whole right of navigation to be abandoned for twenty-five or thirty years. This is what they showed to be their disposition in adopting Mr. King's mo "Moved by Mr. Pinckney, seconded by Mr. Carring- Rhode Island.-Mr. Manning, no, Mr. Miller, no. Mr. Pennsylvania.--Mr. Pettit, no, Mr. St. Clair, no. [SENATE. tion immediately after rejecting that of the Virginia dele-votes upon its adoption also shows that she is entitled to gation, Mr. King's being a substantial copy of the other, the honor of passing it; there being but eight_States preexcept in the essential particulars of the sine qua non, sent, four from each side of the Potomac, only one from and for this the seven Northern States voted; the six New England, and all voting for it. This shows the great others opposed it. I now resume my narrative. mistake which is committed in claiming the merit of that The next motion and vote stands thus upon the Journal ordinance for the Northeast, and founding upon that claim of the 28th Sept. '86. a title to the gratitude of the Northwestern States. The ordinance of the same epoch, for the sale of the Western lands, has also been celebrated, and deservedly, for the beauty and science of its system of surveys. The honor of this ordinance is also assumed for the Northeast. Let it be so. I know nothing to the contrary, and what I do know favors that idea. The ordinance came from a committee of twelve, of whom eight were from the north, four from the south side of the Potomac. But, as it came from that committee, it would have left the whole Northwestern region a haunt for wild beasts and savages. The clause which required that every previous township should be sold out complete, before a subsequent one was offered for sale, would have produced this result, and was inay, tended to produce it. Virginia, the South, and some Northern States, expunged that clause; Massachusetts and some others contended for it to the last. The Northwest is therefore indebted to the South for the sale of its lands: it is also indebted to it for an unsuccessful attempt to promote the settlement of the country by reducing the size of North Carolina.--Mr. Bloodworth, ay, Mr. White, ay. the tracts to be sold. The ordinance, as reported, fixed South Carolina.-Mr. Pinckney, ay, Mr. Parker, ay. six hundred and forty acres as the smallest division that Georgia.-Mr. Houston, no, Mr. Few, ay. (Divided.)" might be offered for sale. Mr. Grayson, of Virginia, seIn April, 1787, Mr. Madison having become a member conded by Mr. Monroe, moved to reduce the quantity to of Congress, moved two resolutions, one to transfer the three hundred and twenty acres, but failed in the attempt. negotiation with Spain from the United States to Madrid; The Virginia delegation voted for it unanimously; South the other to charge Mr. Jefferson, then in France, with Carolina and Georgia both voted for it, but, having but one the conduct of it. [Secret Journals, vol. 4, page 339.] member present, the vote did not count. Maryland voted The object of these resolutions could not be mistaken. for it; all the rest of the States against it. Another attempt They were referred by Congress to Mr. Jay, Secretary to benefit the settler, and promote the sale of the country, for Foreign Affairs, and still engaged in the negotiation deserves a notice, though unsuccessful: it was the mowith Don Gardoqui. He reported at large against the tion to reduce the price fixed in the ordinance from one expediency of the transfer, treating it as a project to dollar per acre to sixty-six and two-thirds cents. This gain time, and complaining that the secret of the Span-motion was made by Mr. Beatty, of New Jersey, seconded ish negotiations had leaked out of Congress. This re- by Mr. McHenry, of Maryland, and was supported by the port, and the motion of Mr. Madison, seemed to have votes of four States, to wit: New York, New Jersey, Mabeen undisposed of, when an incident in real life, and ryland, and South Carolina; Pennsylvania divided, and the firm stand of one of the States, brought the majority counted nothing; the rest of the States, Virginia inclusive, of Congress to a pause, and extricated the Mississippi voted against it. The motion failed, though respectably from its imminent danger. This was the arrest of a citi-supported; the price remained at one dollar, which is zen of North Carolina, and the confiscation of his vessel twenty-five cents less than the present minimum price of and cargo, by the Spanish Governor, Grandpré, at Natch- the same lands after forty-five years' picking; and it is worez, and the decisive character of the appeal made by the thy of remark, that one-third of the States were then, Legislature, the Governor, and the Delegates in Congress when the lands were all fresh and unpicked, in favor of from that State, for the redress of that outrage. Mr. establishing a minimum price at sixty-six and two-thirds Madison availed himself of the feeling produced by these cents per acre; a fraction only over one-half of the present incidents to make another attempt to get rid of the sub-minimum! ject; and, in September, 1788, offered a resolution that I now approach the subject of most engrossing interest no further progress be made in the negotiation with to the young West-its sufferings under Indian wars, and Spain, and that the whole subject be referred to the its vain appeals, for so many years, to the Federal Governnew Federal Government, which was to go into opera- ment, for succor and relief. The history of twelve years' tion the ensuing year. This resolution was agreed to, sufferings in Tennessee, from 1780 to 1792, when the inand the Mississippi saved. Thus ended an arduous and habitants succeeded in conquering peace without the aid eventful struggle. The termination was fortunate and of federal troops; and of sixteen years' carnage in Kentuchappy, but the spirit which produced it has never gone ky, from 1774 to 1790, when the first effectual relief beto sleep. The idea that the Western rivers are a fund gan to be extended, would require volumes of detail, for for the purchase of Atlantic advantages, in treaties with which we have no time, and powers of description, for foreign Powers, has been acted upon often since: The which I have no talent. Then was witnessed the scenes Mississippi, the Arkansas, the Red river, the Sabine, and of woe and death, of carnage and destruction, which no the Columbia, can bear witness of this. The idea that words of mine can ever paint: instances of heroism in men, the growth of the West was incompatible with the su- of fortitude and devotedness in women, of instinctive coupremacy of the Northeast, has since crept into the legis-rage in little children, which the annals of the most celelation of the Federal Government, as will be fully deve-brated nations can never surpass. Then was seen the Inloped in the course of this debate. I have already given the proof of the fact, that the South is entitled to the honor of originating the clause against slavery in the Northwest Territory: the state of the dian warfare in all its horrors--that warfare which spares neither decrepit age, nor blooming youth, nor manly strength, nor infant weakness; in which the sleeping family awoke from their beds in the midst of flames and |