creasing the price of the land, and thereby reducing the sales; another would keep the lands out of the market. Another remedy would be the bill which Mr. C. had had the honor of proposing so often, and which had met the sanction of this body. By adopting this, Congress would execute the great trust reposed in them, and the States would be more benefited by it than by the pres ent bill. Mr. C. could not see how gentlemen could give their assent to this bill, if they saw the constitutional objections as he did. What power had Congress thus to dispose of the public lands? This bill supposed that Government had some power over the land, beyond and after its disposition. It seemed to Mr. C. that when they had sold the land their power was exhausted. But again: what right had Congress to legislate on the law of contracts within the bosom of the States? What relation did they bear to the land within the States? Nothing more nor less than that of a proprietor, which drew after it no legislative powers whatever. The property was secured in the new States by compact, so as to be exempt from taxation by the States; but when these States were erected, they had otherwise the same power over it as the old States. The legislative power of Congress over the territory ceased to exist, and they had no power to declare what contracts should be valid or not valid.

But again: the constitution of the United States declared that the judicial power created by this Government should be vested in a Supreme Court of the United States and such inferior courts as Congress should establish. But by this bill was not this power vested in the registers and receivers of the public lands? They were to examine evidence and decide on the rights of property. And, further, between two pre-emptioners they were to decide without appeal, without trial by jury, without revisal. Mr. C. would agree that a copy of this provision was to be found in another act of Congress; but it was an act granting military bounties in consequence of the war with Great Britain. And the tracts granted by these laws were all in the Territories, over which Congress held the power to legislate.

Again, Mr. C. said, this law provided that a man who lived in the new States, and owned a tract of land, should have privileges which were denied to citizens in the other States. That was, they might hold pre-emption to other tracts of land, to the entire quantity of two sections allowed by the bill. What right had Congress to create this inequality? What right had they to give one who owned a farm in the new States privileges which were not given to one who owned a farm in the old States?

Again: this bill professed to be a settlement law to people in the new States. Where had Congress the authority to act on this principle. The States had the power, but had Congress any such power? Mr. C. called especially on the State rights men to vindicate the bill from these charges which he brought against it.

Mr. C. saw insuperable objections to the bill, on the ground of affidavits. Each settler might enter eighteen different tracts, each of which would require three affidavits, making fifty-four for each settler. All these were to be filed by the registers and receivers, and examined by the Commissioner of the General Land Office. Could any estimate be made of the aggregate num ber? Here would be millions on millions of affidavits, so that algebra itself could hardly reach the amount. The bill, also, was founded on an inference of the security of affidavits. But who would examine them? Nothing would be more unpopular than to scrutinize an affidavit; and they would therefore amount to no security.

And then, as to speculators, nothing had surprised Mr. C. so much as to hear the chairman of the Land Committee contend that a direct effect of the law would be to benefit speculators; and that it would be a great security

[FEB. 9, 1837.

to the free sales. To have much land in the market, and the terms easy, secured against speculation! How could the speculator, then, enter into competition with the United States? In proportion to the quantity of the article, so would be the lowness of price. But if the United States withdrew the lands, or placed restrictions on the sales, the lands which could be without all this would sell more readily. Security against speculation consisted in the quantity of land in the market, and in exemption from restriction. Mr. C. declared that if he had speculated, he would hail the passage of this law as one which would secure to him a fortune.

Then, as to the pre-emption clause; it was not correct that pre-emption was the subject of early legislation. There was a law passed in 1807, which was in force till the admission of Louisiana into the Union, the 14th section of which provided, that if any person should make a settlement on the lands of the United States, within the limits of Louisiana, he should be subject to a fine not exceeding $1,000, or to imprisonment not exceeding twelve months; and such persons were liable to removal by the military force of the United States. Till within a few years, Mr. C. said, the laws on this subject were rigorous enough, Congress designing to take care of the property for the benefit of the whole Union. It was only within five or six years that pre-emption laws were passed at all, except under peculiar circumstances. But if this bill should pass, Mr. C. said he would not give a pinch of snuff for its limitation to December 1, 1836. Pass this now, and another and another would follow, however firmly the impression might now be made that this was the end of pre-emption forever. It would still go on, and settlers in hordes would take possession of the public land; and they would come here with all the power they could excrt, to procure the passage of preemption laws. Pass it, and such laws would be as regular as the general appropriation bill.

But it was asked, why refuse pre-emptions? Only a few dollars more, it was said, than the minimum price was on the average obtained at the free sales. But Mr. C. said this lowness of price was itself owing to pre-emption. But if it were not so, was it not fair that there should be no other than free sales? No one had a just right to complain. But when motives were offered, as by this bill, to go and seize the public lands, the necessary effect was dissatisfaction. Members here represented the whole, pre-emptioners and others; but those who came here felt that they must take care of pre-emptioners, since one good turn deserves another, pre-emptioners having helped them to office. Mr. C. would not reproach them; their motives were such as were powerful in our nature, and they were not at liberty to disregard them. But they should recollect that not all their constituents were pre-emptioners.

Mr. C. believed, therefore, that when this beginning should reach the Rocky Mountains, every security to the public land would be gone. A few years ago such grants were only made in forty-acre tracts, and even then only for the sake of completing a farm; but this bill would sweep off all restrictions.

The bill thus extended the power to purchase, withdrew the exemption from taxation for five years after sale; and by pre-emption it would sweep over the whole country. The Senate were told to do thus now; but in a few years there would be more Senators from new States, and they would then use their power to appropri ate to themselves the entire public domain of the country.

It was with the deepest regret that Mr. C. had witnes sed these proceedings. It was the duty of Congress to vindicate the property of the entire Union, from supporting a bill by which, in a few years, the public do main would be unknown to the legislation of Congress. Mr. C. hoped the bill would be arrested here or some

FEB. 10, 1837.]

where else, and that the land system would remain unchanged and unaffected. One great advantage of the system had been the security of titles. Would they not be put in jeopardy by this bill, and would it not renew the afflictive scenes which Mr. C. had witnessed in his own State? And it would drive the best of our citizens to find refuge in the new country.

The Secretary of the Treasury was required to mark those lands which were reserved; but supposing he should not do so, he incurred no penalty. Here, again, there was danger and an increase of risk, instead of security. In these remarks, Mr. C. said, he had acted under a profound sense of public duty.

The question being at length obtained, the bill was passed, by yeas and nays, as follows:

YEAS-Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Lyon, Moore, Mou. ton, Nicholas, Niles, Norvell, Page, Parker, Rives, Robinson, Strange, Tallmadge, Tipton, Walker, Wright-27. NAYS-Messrs. Bayard, Calhoun, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Kent, King of Georgia, Knight, McKean, Morris, Prentiss, Robbins, Ruggles, Sevier, Southard, Spence, Swift, Tomlinson, Wall, Webster, White-23.

The title was amended by adding the words, "and for other purposes."

The Senate then adjourned.

FRIDAY, FEBRUARY 10.

SLAVERY IN THE DISTRICT OF COLUMBIA. Mr. SWIFT said that either the journal of yesterday's proceedings, as read by the Secretary, was incorrect, or several Senators had voted under a misapprehension of the question on the petition presented by him yesterday in relation to slavery and the slave trade in the District. Mr. CLAYTON stated that he had understood the question to be on the motion of Mr. SWIFT to refer that portion of the petition which related to the regulation of the slave trade in the District (over which subject he thought Congress had power) to the Committee for the District; and he had therefore voted in the affirmative, because he regarded that trade as an infamous and inhuman traffic, which ought to be abolished.

The CHAIR said the journal was correct; and that, objection having been made to the petition, the question was simply and exclusively on its reception.

Mr. CLAYTON's vote, by unanimous consent, was then altered from the affirmative to the negative.

STEAM BOILER BILL.

On motion of Mr. DAVIS, the bill authorizing the appointment of a commission of three persons to make experiments on inventions to prevent the explosion of steam boilers, was considered; the blanks filled by appropriating $6,000 for the expense of the experiments, and $300 each for the pay of the commissioners. Amended, on motion of Mr. HENDRICKS, by appropriating $5,000 additional for the trial of the "double self-acting safety valve," on the Western waters; and, together with the amendments, ordered to a third reading.

ELECTION OF PRESIDENT.

Mr. GRUNDY, from the joint committee appointed to wait on the Hon. MARTIN VAN BUREN, and inform him that he has been elected President of the United States, reported that they had performed the duty assigned to them, and had received for answer that he desired to express the grateful sense that he entertained of the distinguished honor which his fellow-citizens had conferred on him; and requested them to assure their respective Houses that they might rely on his unceasing endeavors

[SENATE.

to execute the responsible trust which devolved on him, in a manner most conducive to the public interest. TREASURY CIRCULAR.

After morning business had been disposed of, the Senate proceeded to the consideration of the bill to desig nate and limit the kinds of funds receivable for the pub. lic revenue.

Mr. HUBBARD moved an amendment to the bill, requiring the registers and receivers to receive the same scrip in payment for the public lands as heretofore.

Mr. CLAY remarked that the bill in its present form left the Treasury order unrescinded, the subject of that order being still wholly in the discretion of the Secretary of the Treasury. He had an amendment therefore to offer, which, if accepted by Mr. HUBBARD as a part of his, and adopted by the Senate, would reconcile him to the bill. This amendment declared that it was not lawful for the Secretary of the Treasury to make any discrimination in the funds so receivable as public revenue. Mr. HUBBARD accepted this addition to his amend ment; which amendment, so amended, was adopted by unanimous consent.

Mr. EWING called for the yeas and nays on the pas sage of the bill; which were ordered.

Mr. BENTON gave extracts from a letter which he had lately received from Missouri, stating that all parties there were now in favor of the Treasury order, which he accompanied with some remarks; and afterwards spoke for some time in favor of specie and against paper money and the Bank of the United States.

Mr. BLACK said that in Mississippi all parties were now united in condemnation of the Treasury order; and he had just learned, by a respectable gazette, that resolutions condemning that order had just been introduced into the Legislature of Mississippi, and had received the unanimous vote of the House of Representatives in their favor.

Mr. EWING remarked that the bill, as now amended, was nearly all he desired. He would therefore now give it his hearty concurrence.

Messrs. NILES, BENTON, and WALKER, partici pated for a while in a general financial discussion, having an especial reference to banks, paper money, and the Treasury order.

Mr. CALHOUN said he had been very anxious to express his opinions somewhat at large upon this subject. He put no faith in this measure to arrest the downward course of the country. He believed the state of the currency was almost incurably bad, so that it was very doubtful whether the highest skill and wisdom could restore it to soundness; and it was destined, at no distant time, to undergo an entire revolution. An explosion he considered inevitable, and so much the greater, the longer it should be delayed. Mr. C. would have been glad to go over the whole subject; but as he was now unprepared to assign his reasons for the vote which he might give, he was unwilling to vote at all.

The bill was then passed, by the following vote: YEAS-Messrs. Black, Brown, Buchanan, Clay, Clayton, Crittenden, Cuthbert, Dana, Davis, Ewing of Illi nois, Ewing of Ohio, Fulton, Grundy, Hendricks, Hubbard, Kent, King of Alabama, King of Georgia, Knight, McKean, Moore, Nicholas, Niles, Norvell, Page, Parker, Prentiss, Preston, Rives, Robbins, Robinson, Sevier, Southard, Swift, Tallmadge, Tipton, Tomlinson, Walker, Wall, Webster, White-41.

NAYS-Messrs. Benton, Linn, Morris, Ruggles, Wright-5.

On motion of Mr. WHITE, the Senate held an executive session.

When the doors were opened, the Senate proceeded to the consideration of the bill to amend the

SENATE.]

JUDICIARY SYSTEM OF THE UNITED STATES.

An amendment reported from the committee, altering the order of the several circuits, was adopted.

Mr. GRUNDY offered several amendments, one of which made the districts of Ohio, Indiana, Illinois, and Michigan, the seventh circuit, and others made the number of terms in the new States and Territories one instead of two in a year.

At the request of Mr. GRUNDY, who wished for further time to incorporate his amendments with the bill, having failed in a motion to reconsider the vote on the committee's amendment, with which his were designed to be connected, the action on the bill was suspended by

unanimous consent.

FORTIFICATIONS.

The bill making appropriations for fortifications, &c. for the year 1837, coming up in its order,

Mr. CALHOUN moved to lay it on the table. Mr. BENTON called for the yeas and nays on this motion; which were ordered, and the motion negatived: Ayes 8, noes 20.

Mr. BENTON remarked that the bill was precisely the same which had passed the Senate at the last session. Mr. SOUTHARD remarked on the great importance of the bill, and wished that action upon it might not be hasty.

Mr. CALHOUN, also remarking on the impropriety of haste on such a measure, moved to lay the bill on the

table till to-morrow.

Mr. EWING, of Ohio, moved an adjournment; which was negatived: Yeas 12, nays 21.

Mr. CALHOUN said that this bill was so unexpected, and the hour so late, that he should decline making the observations which he intended to make, unless further time should be allowed. He modified his motion, so as simply to lay the bill on the table; which motion was negatived, by yeas and nays, on the call of Mr. BENTON, as follows:

YEAS--Messrs. Black, Calhoun, Clay, Clayton, Crittenden, Ewing of Ohio, King of Georgia, Moore, Prentiss, Robinson, Southard, Swift, White-13.

NAYS-Messrs. Bayard, Benton, Buchanan, Dana, Davis, Ewing of Illinois, Fulton, Grundy, Hubbard, Kent, King of Alabama, Linn, Nicholas, Niles, Norvell, Page, Parker, Sevier, Tallmadge, Tipton, Walker, Wall, Wright-23.

The bill was then reported to the Senate, and ordered to a third reading, without a division. The Senate then adjourned.

SATURDAY, FEBRUARY 11.

Mr. GRUNDY, from the joint committee appointed to wait on the honorable RICHARD M. JOHNSON, of Kentuc ky, and inform him that he had been elected by the Senate to the office of Vice President of the United

States, reported that, on Saturday last, they had perform ed that duty, and had received the following letter, which they were requested to present to the Senate: To the Senate of the United States:

[FEB. 11, 1837.

their constitutional prerogative, concurred with and Called, in virtue of this preferment, to preside in the confirmed the wishes both of the States and the people. deliberations of your enlightened body, from and after the 3d of March next, permit me to make use of this opportunity to say that I cannot feel insensible to difficulties which I must anticipate, and the frequent occasion I may have for your forbearance. Though for thirty years a member of one or the other of the two Houses of Congress, yet I have never been accustomed to preside, even temporarily, over either, or in any deliberative assembly. My attention has generally been engrosspecial regard to the minuteness of rules and orders, so sed by the more immediate acts of legislation, without necessary to the progress of business, and so important to the observance of the presiding officer.

Contemplating the character of my distinguished predecessors, and considering my deficiency in point of talent, and the want of experience for the appropriate duties of the station, it is impossible for me to overcome entirely the diffidence with which I meet this call of my But this reflection will always console

fellow-citizens.

me, that any errors on my part will affect me personally rather than the public; the intelligence of the Senate will guard the country from any injury that might result from the imperfections of its presiding officer, and its magnanimity will cover these imperfections with the veil of charity. In this conclusion, I find a warrant in contemplating among the members of your body so many friends with whom I have been associated in public life. It is only in the event of an equal division of the Senate that the presiding officer is called upon to give his vote. My hope is, that there may be always sufficient If, however, unanimity to prevent such a contingency. it should happen, this duty will be familiar to me, and I shall perform it without embarrassment. In exercising this power, I shall expect the same indulgence that I have ever extended to others, where differences of opinion existed.

To the Senate the most important trusts are committed. Its duties are legislative, executive, and, in certain contingencies, judicial. As citizens, every branch of our Government is dear to us; but, from my more immediate relation to this, by your choice, I shall regard it with special interest. It stands pre-eminent in talent and character. In presiding over its deliberations it shall be my effort to act with perfect respect and impartiality towards every member, and endeavor, by this course of conduct, to merit the approbation of all. R. M. JOHNSON.

CITY OF WASHINGTON, Feb. 10, 1837.

CESSION OF THE PUBLIC LANDS.

The bill [Mr. CALHOUN's] to cede the public lands, on certain conditions, to the new States, came up in its order for a second reading.

Mr. HUBBARD remarked that he presumed that all those who wished to be heard in support of this bill had enjoyed the opportunity; and he would at once make the motion to lay the bill upon the table, in order to test the opinion of the Senate as to the policy of the measure, if he did not consider himself called upon to make some few general observations in relation to this

He intended, however, to submit that motion before he resumed his seat. And he would now proceed to state the particular reasons which will induce him to submit the motion. He certainly could not, with any truth, be charged with entertaining any feeling unfriendly to the new States. He was their friend. He had been their friend; and he could appeal with confi dence to the records of this and of the other House, as evidence of the truth of the assertion. He had sustained, here and elsewhere, every measure which was cal

Iculated to advance their interests, unless it could be inferred that he had given evidence of his hostility by opposing a general reduction in the price of the public lands, wheresoever they may be located. This he had done. He could not believe that such a course was necessary to the interests of the States northwest of the Ohio. Certainly such a course could not be just to the interests of the old States. He would not be found in opposition even to the application of the graduation principle, whenever he was satisfied that any portion of the public domain was over-valued at $1 25 per acre; but, for one, he entertained no doubt that a very large portion of the public lands liable to private entry was not only worth the minimum price, but would command it at any time in market. In making the motion which he designed to make, he would assure his friends from the new States that he was actuated by no unkind feeling to them, but from a sense of public duty. The course of the remarks of the Senator from South Carolina would lead any one to suppose that he had brought this subject forward out of pure regard to the interests of the new States; that he considered there was existing a great inequality in privilege between the new and the old States, in this and in the other House of Congress; that there was a degree of subserviency on the part of the new States-a want of independence; and that this bill, if it should become a law, would give to the new States equal rights-would free them from the thraldom now imposed upon them, and place them on a footing equally independent with their sister States. Can this be so? Where is the evidence of this inequality-of this embarrassment on the part of the new States? Where is the evidence of any disposition on the part of the old States to hold the new States in check? It is not to be found. The history of the legislation of Congress, from the foundation of the Government, cannot fail to furnish evidence of an unceasing and unfailing devotedness among the representatives of the old States, in the Serate and in the House of Representatives, to the best interests of the new States. The honorable Senator from Mississippi farthest from me, [Mr. BLACK,] and the honorable Senator from Missouri, [Mr. LINN,] have, on more than one occasion, admitted that the representatives from the old had not only been just, but generous to the new States. The fact is so; and the Senator from South Carolina is mistaken, if he supposes that the interests of the new States have been embarrassed in the slightest degree by the action of Congress heretofore. The reverse is the fact. Their interests have been invariably promoted, even at the sacrifice of the rights, in some measure, of the old States themselves.

The Senator expresses his surprise that this bill should be opposed at this stage; that it should be refused a second reading; that the Senate should object even to its printing. He was not aware that the question of printing had been made. He certainly had no objection to have the bill printed; but he was opposed to its second reading; because, if read a second time, it would have to be referred to a committee, and would be open to a full discussion.

He could not but regret that the Senator had introduced this bill; and might he not now ask, as he had on a former day, why has he done this at this late period of the session, when only seventeen working days could come before this Congress must terminate its labors? Why has the Senator seen fit, at this time, to introduce this subject before the Senate and the nation?-certainly a subject of higher importance than any other--a subject more immediately affecting the interests of the whole people than any other. The Senator himself says that he does not expect that the bill will receive any definite legislation during the present session, but he wishes the bill referred, and a report made. He wishes the subject

[SENATE.

debated. He considers it so important a subject that it should be debated at large, and for days, before any report for or against the project should be sent forth to the people. He was entirely opposed to any such proceeding; and if there was a public, a pressing necessity for the measure, if it was founded in general policy, it is somewhat remarkable that the Senator from South Carolina did not at the commencement of the session bring this bill forward, when there would have been time not only for deliberation but for action. He must object, therefore, most strenuously, to any further proceeding at this time upon this subject; and he could not but feel some surprise that the Senators from the new States are among those who are urging action upon this measure. As a friend of the new States--as a friend of the bill which has so recently passed the Senate, and been sent to the House of Representatives, he would say that no further action ought to take place upon the measure now before the Senate. It occurred to him, and must occur to every Senator, that the pendency of this bill here would greatly embarrass, if not entirely defeat, the final passage of the bill to which he had just referred. There certainly could be no occasion for passing that bill, if there is to be a favorable action upon this.

The bill presented by the Senator from South Carolina proposes to cede to the new States, on certain terms, all the unsold lands within their respective limits. Should this become a law, there would be much propriety in permitting the new States, respectively, to make their own pre-emption regulations, for the benefit of their own citizens. There cannot be, in his judgment, a single good reason assigned for the passage of the bill before the House of Representatives, if this bill is to be passed. He would therefore most sincerely advise the Senators from the new States, friendly to that bill, not to urge action at this time upon this bill; such a course must be known to the members of the House of Representatives, and must prevent action upon the bill now before that body. He was aware that some of the Senators from the new States were not very strongly in favor of that bill; but it was, nevertheless, regarded as a measure for the benefit, and, in his judgment, for the exclusive benefit, of the new States. His worthy friend, the Senator from Missouri, [Mr. LINN,] had frankly admitted, what he believed to be truth, that the bill which had been so recently passed by the Senate was a most advantageous measure to the new States; that they had no reason to ask for or to expect a better bill; and whoever will carefully examine all its provisions must concur in opinion, most fully, with the Senator from Missouri. And yet Senators from the new States, before that bill could have left this ball, are found advocating, and with all their power and influence supporting, the bill offered by the Senator from South Carolina. He must be permitted to say that such a course is full of danger to the bill now before the House. He had not a single doubt that, unless the bill now before the Senate is put to rest, there will be no further action upon the bill now before the House of Representatives. He was, therefore, as the friend of that bill, which had been so fully considered by the Senate, and which had so long engaged the attention and the time of the Senators, and which had so recently passed this body, unwilling to take a step which would embarrass its further progress. He should vote, for this reason, to lay the bill offered by the Senator from South Carolina on the table, as he considers such a course would be more respectful than to deny it a second reading.

He was opposed to any further proceeding upon this bill, because, as he had before stated, the public and private business now on the calendar imperiously de

SENATE.]

ale.

mands all the consideration and all the time of the SenThere is no time for an extended discussion upon this measure. Such a course would be most unjust to the public, and would be most ruinous to individual, to private interests. There are hardly days enough remaining of this Congress to give to the public business now on the docket the attention and consideration which that public business demands. But, in addition to this, there are also individual claims which have long been before the Senate, and which are of the greatest importance to the persons concerned, and which it would be most oppressive and unjust to postpone for the sake of a mere debate upon this measure. He was therefore opposed to further proceeding on this ground. But even if there was time, he would object, and strenuously object, to any interference with the public domain in the way proposed by the Senator from South Carolina. His own State had a deep interest in this property; it belonged to the people of New Hampshire, in common with the people of the other States and Territories. And who has asked the Senator from South Carolina to move in this affair? He would not agree that the property of his people should be ceded away without their consent. He would not himself take such a step, unasked and unsolicited, and he should protest against any other person taking such a course. The history of the Revolution will show full well what had been done by his native State in the acquisition of the public domain; and he never could or would lend his aid in the disposal of the public lands without the approval and without direction of his people. There are no memorials before the Senate, even from the new States, for this cession. Those which had been referred to would be found to ask only for particular cessions, and for special purposes. He would not, then, move further. Enough has already been done. The Senator has introduced his bill; it has been discussed. The bill and the arguments in its favor will be printed; they will go forth, and will have the effect of calling the public mind to the consideration of the subject; and there he would leave it, and wait for the expression of the will of the American people in relation to this absorbing subject.

The Senator from Mississippi says that the subject ought to be debated, that the bill ought to be committed, and that reports containing arguments for and against the measure ought to be sent forth to the people; and he could not but consider it disrespectful to the feelings of the new States to deny this favor. He certainly, for one, meant no disrespect to the feelings of the new States, and yet he could not yield his assent to the proposition, for the reason which he had assigned. He was utterly opposed to a report going forth to the people, under the authority of the Senate, in favor of the measure. Such would be inevitably the case if the Senate proceeded further. If it was committed, a majority of the committee would be the friends of the measure; the report would be the report of that majority; it would go forth to the American people as the act of the SenThe time has not yet arrived when any such proceeding would be or ought to be justified. The question involved is one affecting the interests of the whole people; and nothing would do more to prejudice the very measure in contemplation than to send forth, at a time like the present, a report, as the act of the Senate, calculated to forestall public opinion.

ate.

He must, therefore, oppose any further proceeding of the Senate upon this measure. He viewed it as calculated to embarrass the bill for which he had voted, and which had been so recently sent to the other House. He considered this measure uncalled for; as calculated to agitate the public mind in a way and manner prejudicial to the eventual success of any such measure; as standing in the way of all the public and private business now on

[FEB. 11, 1837.

the calendar; and as proposing to cede the property of the whole people, and that without their consent or knowledge, to particular States; and, in truth, from every view which he had taken of this subject, his mind had been brought to the conclusion that this movement was premature, replete with evil rather than good to the new States, and that it ought not to be at this time fur. ther discussed. He would, therefore, move to lay the bill on the table, and called for the yeas and nays. Mr. H. afterwards withdrew his motion, at the request of Mr. BENTON and Mr. TIPTON.

Mr. NORVELL hoped that this bill would be permitted to take the usual course. It appeared to him that a measure involving so many important considera. tions was at least entitled to a reference and considera. tion by one of the standing committees.

Mr. WEBSTER rose and said, that in what he had to say on this subject he should be very brief, as it was to be disposed of that day. He had gone along with the Senator from South Carolina in opposition to the bill which had just passed the Senate, (the land bill,) and which he had hoped would not receive the sanction of this body. In this, however, he had been disappointed; for so far as the sense of the Senate was concerned, the bill would become a law.

But the leading motive, it would appear, which had induced the honorable Senator to present his bill at this time, was that the land bill had passed, however objectionable might be its provisions. With the general features of that bill, he (Mr. W.) had very great fault to find. The principal feature of the bill was nothing less than a clear, plain, palpable monopoly. It was a bill to confer a benefit upon the few at the expense of the many. The bill had not, as yet, become a law. Considering the small majority by which it passed, considering the reluctance with which many gentlemen voted for it, and considering that the feeling by which they were actuated would have more weight elsewhere, it was probable that the bill would not become a law. And if it should, it was to be in operation for a limited time only; and, if found not to meet the public judgment, Congress would be called upon to do something which would be better calculated to give general satisfaction.

With regard to the present proposition, he would say there were only one or two lights in which it could be viewed. The object was to cede the lands upon certain terms, and to divest the Government of all control over them. Now, he would ask, where was the power to make this grant? If we looked upon it as a cession for the benefit of the States in which the lands lie, if it was a gratuitous grant in any degree, where was the power obtained to authorize Congress to give away the public domain? Well, the answer to this question might be, that the proposition was not to make a gift of it, as certain returns were to be made to Congress by the new States. Now, by the constitution of the country, the trust, the management, the disposition of the public lands, was conferred on Congress; and he would ask, was it possible that any man could maintain the proposition that, as they were placed in their hands, as belonging to the whole people of the United States, they could transfer the general disposition of them?

It appeared to him that they might just as well entertain this proposition as one to farm out the custom-bouse in New York on certain terms. Nor did he know that Congress had any more authority to give away these lands than the proceeds of a custom-house on particular stipulations; nor could they surrender the control of it any more than they could assign to others the power of collecting the revenue of the custom-house in Boston, or elsewhere. He saw, therefore, objections insurmountable, whether they assumed the shape of a gratuitous cession or a trust. In either case, it transcended the