SENATE.] Mr. Foot's Resolution. [FEB. 12 to 19, 1830. [From Friday, Feb. 12, to Wednesday, the 17th, (Sa- snow storms, where stern winter had deposited his armory turday and Sunday excepted) the Senate was chiefly occu---still there is a sturdy, unyielding, inflexible patriotism pied in the consideration of Executive business.] THURSDAY, FEB. 18, 1830. MR. FOOT'S RESOLUTION. The Senate resumed the consideration of the resolution of Mr. FOOT. Mr. HOLMES addressed the Senate at considerable in thy sons, which will not suffer in a comparison with any people on earth. Massachusetts, "the cradle of independence," the birth-place of the martyred Warren, and of the patriots Hancock and Adams-Plymouth, the asylum of the pilgrims, the land of my forefathers, in whose bosom is deposited the mouldering remains of my ancestors; if I ever forsake or forget thee, may this arm fall from the shoulder-blade! But I meet at the threshold two embarrassments: Who length; when he gave way for a motion for adjournment; is the accused, and who the accuser? Whom am I to de which was carried. FRIDAY, FEBRUARY 19, 1830. The Senate resumed the consideration of the resolution of Mr. FOOT in relation to future surveys and sales of the public lands; when Mr. HOLMES again took the floor, and concluded his argument. fend? At one time it is all New England; at another the federal party; and then all of these are to be excepted who are on our side," federalist or democrat, or no matter what, provided he will worship the idol yonder. This assault is against all those in New England who had the independence and integrity to act upon principle; and this persecution is against them for no earthly cause but that they honestly believed Mr. Adams better qualified for [His speech, as delivered on the two days, is here given.] President than General Jackson. Persecute on; heat Mr. H. said that, by a liberal construction of the your furnace as intensely as you may; "but be it known rules, he should not be out of order if now and then he unto thee, oh, King! we will not serve thy God, nor worshould happen to allude to the resolution. But he hated, ship the golden image which thou hast set up!" Yours exabove all things, to be entangled in questions of order; clusively the republican party! There is not a people of and, admonished by so many splendid examples, he should the number on earth, who are so universally republican approach the subject-matter as seldom as possible--and as that section of country denominated New England. Sir, never without a suitable apology. His chief purpose would every State is represented here by members not only probe to defend New England against the charges made against fessed but real republicans. Every one holds his place her. She was charged with high and aggravated crimes; here by republican votes, without which he could not of perpetual hostility to our brethren of the West. The have been elected, and every one as friendly to the last accusation spread over a period of half a century; and the administration. We are the twelve disciples of our masperpetual hostility consisted, 1st, in our preventing settle- ter, the republicans of New England. Whether there ments by limiting the surveys and sales of the lands; 2d, in may be a Judas among the twelve, or no, sure I am that attempts to circumscribe territory and surrender privi- there was not one Peter to deny his master in the period leges; Sd, withholding protection, in order to prevent mi- of proscription. No, we stood by "sorrowing." We gration, and thereby encouraging the savages to massacre saw the cross erected, and the friends we loved cruelly with knife, sword, and conflagration! crucified, and were obliged to submit to what we could The Senator from Missouri, [Mr. BENTON] after ex-not prevent. We reasoned, we pleaded, but equally in changing salutes with the Senator from South Carolina, vain; our tears and expostulations were alike disregarded. [Mr. HAYNE] bore down upon New England, and poured Sir, the facts attempted to be proved show clearly that into her this tremendous broadside. Now, from the great no party discrimination was intended: for the accusation noise and great smoke, it was supposed that he had en-covers a period of nearly twenty years, when no party tirely crippled her, left her water-logged, and in a sinking lines were drawn, and even the names were not known. condition; but the smoke was blown off, and she was seen Again, sir, who is the accuser, the prosecutor of the inall standing, pursuing her course, under easy sail, with her star-spangled banner floating in the breeze, unhurt and untouched; her crew gave three Yankee cheers, and returned the broadside. What was to be the issue was uncertain; but skilful judges were of opinion that the enemy was sheering off, and would be obliged to return into port to refit and repair damages. dictment under which we are arraigned? Who is the West, and by whom is she represented here? Is the Senator from Missouri all the West? I had supposed that the West embraced Kentucky, part of Tennessee, Mississippi, Louisiana, Missouri, Ohio, Indiana, and Illinois. Now, if he prosecutes in her behalf, let us see his authority, the letter of attorney. The rest of this West is represented If God gives me strength [said Mr. H.] I intend to bare here, and ably too; and though two other gentlemen have my arm and lend my humble aid to defend my country opposed the resolution, neither, as I understood, has atfrom so foul a reproach, and to show, as I think I can, that tempted to sustain this charge of perpetual hostility. Is the charges are not only groundless, but without the sha- Missouri, alone, this mighty West? Even here, while one dow of a foundation. I shall not boast, either in putting of her Senators accuses, the other defends, the East. Mison my armor or in putting it off; but, in the impressive souri is equally divided, unless the accuser claims to be and expressive phrase of one of my gallant countrymen, the majority. As to this, I don't know. If we calculate "I'll try." I have witnessed in our opponents quite boasting the number of words and repetitions, he leaves his colenough to sicken me. The champion of the Philistines league in a very slender minority; but, if we determine boasted and blustered much; he defied the armies of the God of Israel, and demanded an antagonist to decide the controversy; but the unassuming and humble shepherd, with his "five smooth stones from the brook, in his shepberd's bag, and his sling in his hand," being the servant of the God of Truth, went out and subdued his adversary. And I, sir, stripling as I am, armed with the panoply of but of much evil. truth, shall not fear to encounter any "man of Gath," I was not, at first, able to perceive what the constituthough his stature be "six cubits and a span," and "the tional question of the relative powers of the Federal and staff of his spear be like a weaver's beam." New Eng- State Governments had to do with this resolution. land, my country! and though thy mountains may be bleak upon reflection, I perceive they are intimately connected, or barren, and thou art the region of hail stones and and I therefore beg pardon for touching upon the subject. by the facts and argument, "your deponent saith not:" the public will decide, if they have not already decided. Now, that a State of yesterday should make these charges and excite these sectional jealousies in a vast region of country, in which the Senator and his State has, until just now, had no interest whatever, is prophetic of no good, But, [SENATE. You will recollect that the doctrine abroad (and it has the land, any constitution or law of a State to the contrary found its way into the Senate too) is, that, by virtue of the notwithstanding.' A Supreme Court is established, havadmission of a State into the Union, the public lands reverting original jurisdiction in few cases, appellate jurisdicto the State: any thing in the act of cession of those lands tion in all others arising under the constitution and laws to us, or any stipulations of the State, as the condition of made pursuant thereto. The laws of the United States her admission, to the contrary notwithstanding. You are are made supreme, and those of the States subordinate; aware, too, that there is another doctrine of the day, that, and the court is to be the final tribunal in deciding upon in controversies between us and a State, the ultimate and these supreme laws. Now to suppose that the laws of the effectual decision belongs to the State. Well now, with Union are supreme, and those of the States are subordieach of these principles in each hand, the States in which nate, and that the State courts, in their decisions upon our public lands are will have the power to take them in them, are supreme, and those of the United States are sudefiance of us, and they will take them. Then, until these bordinate, is an utter absurdity. The very statement of dangerous heresies are abandoned, I would not give a the proposition proves that it is perfectly ridiculous. feather for all your public lands within the States. And low a State, in a controversy of this kind, to decide ultiwhy should we survey lands which are not our own? If mately and definitely, and to carry its decision into full the State claims the lands, and has a right to decide its effect, and you are re-translated into the old confederaown case, what division are we to expect? We are to be tion, if nothing worse. The principal, and almost the ononly a claimant, a petitioner before the supreme State ly defect in that confederation was, that it was advisory authority. We might, to be sure, recur to the cessions of or directory, but not coercive. This coercive power Virginia and others, and to the object of them; we might was almost all that was wanted. If we have not that, “all urge the express stipulation of the ordinances for settling we have gained is naught but empty boast of old achieveand governing the territories; we might appeal to the arti-ment, and despair of new.' should also cultivate them. Al cles of admission into the Union, and insist upon their ful- But the Senator from Kentucky, as I understood him, filment; we might appeal to this constitution, which pro- takes another ground: that a sovereign State has no powvides that all compacts entered into by the Confederacy er to surrender any portion of its sovereignty. I confess, were as binding under the constitution as under the Con- sir, that unless others very much misunderstood this word federation, and ask what sort of a contract that was that sovereignty, it is very much misunderstood by me. I had held one party and released the other. We might, more- supposed that a sovereign was he who had a right to exeover, appeal to the article itself, which authorizes the ad- cute his own will without any legal restraint or control. mission of new States, and ask if the proviso there-which This is absolute sovereignty, and in this sense scarcely a vests in Congress the exclusive management and disposal civilized nation on earth is absolutely sovereign, as there of these lands, and provides, emphatically, that nothing is no one which is not subject to the law of nations, either shall be construed to impair our claims to them--and ask prescriptive or conventional. triumphantly, if all this was not conclusive? And these, and Man, in a state of nature, is an absolute sovereign, bea hundred other reasons equally strong, would not weigh ing subject to no legal restraint, and having the right to a feather against the interest a State had in five or ten execute his will in defiance of legal control. If, then, a millions of acres. We should gain the argument, but we State cannot renounce any portion of its sovereignty, neishould lose the land. Until these momentous questions ther can man; he cannot surrender any portion of his naare finally settled, why then are we to incur the expense tural rights for the better security of the rest. If he can of surveying lands which may never belong to us? If a surrender no portion of them, much less can he surrender State expects that we must survey its lands at our ex- the whole. And as subjugation must be by force or surpense, it is, I should think, taxing our generosity a lit-render, and as force may always be resisted by force, why tle too far. It has an equal right to demand that we may not the slave, having more bodily strength than his master, rise up against him and subdue him? Remember The Senator from Kentucky [Mr. RoWAN] has discussed that these are not my premises. I only take his, and folthe question of the ultimate tribuna' which is to decide a low them out in all their results. I forbear to pursue this controversy that involves the powers of the United States train in the argument, lest I should disturb the terrific and a particular State. His notions in regard to the social ghost of the "Missouri question," which has so much afand the political compact are too refined, sublimated, and fected the nerves of the Senator from Missouri. Thus we anti-constitutional for me. I shall seize upon his inferences, see how dangerous it is to go back behind the constitutionand, in my old-fashioned and clumsy way, take up the aral enactments, to unsettle what has been already settled. gumentum ab inconveniente, and pursue his conclusions to But, sir, it is inexpedient that I should discuss this subject their final results. I shall not stop to inquire whether farther. The Senator from Massachusetts [Mr. WEBSTER] some other tribunal than the Supreme Court might not has done it ample justice. It were vain for me to attempt have been devised more impartial and wise. Nor shall I to add any thing to what he has said. I do not aspire to do insist that this Supreme Court may not have erred in ex-him even justice, much less to compliment him. But I tending the federal at the expense of the State rights. It will say, that, in my view, his argument on this point is is in the nature of man thus to err. And if any error has unanswered and unanswerable. It was on this question, occurred in its decisions on constitutional questions, I rea-between that gentleman and the Senator from South Carodily admit that these errors have not very frequently been in favor of "State rights," against the federal powers. But I cannot well perceive what other tribunal could have been invented which would have done better. That Congress, according to his suggestion, should have been this Court of appellate jurisdiction in these cases, is to me a strange proposition. The small States would scarcely feel very safe in the hands of the popular branch; and how the judicial decision could be made, whether by a joint or a concurrent vote, he has not informed us. lina, that the Senator from Missouri introduced his chaste, elegant, and classic figure of the "kick-up-horse and the monkey on his back." I did not readily perceive its application. I suppose by the "kick-up-horse, he intended the Senator from Massachusetts, but who was his "monkey?" If this was intended as another salute, it was a little uncourteous, to say the least. The Senator from Kentucky considers the question of internal improvement as settled, and he yields to the doctrine as res judicata; and so do I. And if so in that case, It, however, is enough for me, that the constitution has why not in this? If there is any one principle in our convested the power here contended for, in express terms, institution that has more than another been settled by legis the Supreme Court. This constitution, and the laws made lation, adjudication, and general acquiescence, it is this: pursuant to its authority, are to be "the supreme law of that, in a conflict of power between the United States and VOL. VI.-21 SENATE.] case. Mr. Foot's Resolution. [FEB. 19, 1830. a State, the final efficient tribunal is the Supreme Court. our servants have enough and to spare) "and I perish Virginia had pronounced the alien and sedition laws un- with hunger; I will arise and go to my father, acknowlconstitutional, and transmitted her resolutions to the Le-edge my guilt and folly, and that I am unworthy to be his gislatures of other States. I will read you the answer of son, and beg to be received as a servant;" and he should Massachusetts: "This Legislature are persuaded that the come: now, here too, "the father would see him while decision of all cases of law and equity arising under the he was yet a great way off, have compassion on him, run constitution of the United States, and the construction of out to meet him, fall upon his neck and kiss him, order a all laws made in pursuance thereof, are exclusively vested new robe to be put on him, and the fatted calf to be killed;" by the people in the judicial courts of the United States; and we should all be merry together. So that, instead of that the people, in that solemn compact which is declared the "blood and carnage" which the Senator from Misthe supreme law of the land, have not constituted the State souri seems so willing to predict, I am inclined to believe Legislatures the judges of the acts or measures of the the whole affair would be settled in this good natured, afFederal Government." At this time it will be remem- fectionate, family way. I regret to hear disunion and civil bered that Virginia was in a political minority, and Mas- discord so often predicted or threatened with so much apsachusetts in a majority, in the federal councils. After parent exultation, and I respond to the Senator from this, when the scales had shifted, and the balance was the Massachusetts, the Union-the Union, in the exercise of other way, it seems there was great excitement in Penn- all its legitimate powers-the Union forever! sylvania on the decision of the federal court in Olmstead's I now will, as briefly as I can, examine the charges of So great was it, that the militia were ordered out hostility, with their specifications, passing swiftly over to resist the marshal, and they actually took the field, un- those which have been so repeatedly and so triumphantly der a General Bright. But this mighty army levied no refuted by the distinguished gentlemen who have gone bewar; the marshal executed his precept, and the peace was fore me. I should not again have noticed the charge so not at all disturbed; and the Legislature of that State adopt- completely answered, that the first sales of our Western ed the constitutional mode of redress for the supposed lands were limited to each single township in succession, grievance. They proposed to amend the constitution, had not the Senator from Missouri persisted in repeating it. and establish some other tribunal to determine such con- But, though vanquished, he argues still. We have given troversies, and transmitted their resolutions to the other reasons conclusive, that the safety of the frontier settlers States. Virginia was now in a political majority, and I required it; there was, from the close of the Revolution to will read you the unanimous opinion of her Senate on the 1791, a quasi war with Indians; the settlers were in a consubject. The committee who had the resolutions of Penn- stant state of alarm and danger; it was the opinion of sylvania under consideration, were "of opinion that a Washington that it would be impossible to defend the frontribunal is already provided by the constitution of the tiers unless the settlements were compact. In 1791 was United States, viz: the Supreme Court, more eminently the flagrant disastrous war; which continued until Wayne's qualified, from their habits and duties, from the mode of victory in 1794, or rather until the treaty of Greenville of their selection, and from the tenure of their offices, to de- the next year. cide the dispute aforesaid in an enlightened and impartial But as soon as it could be done with safety, the surveys manner, than any other tribunal which could be created." and sales not only kept pace with, but were far in adThe report gives the reasons for the opinion, and was vance of the demand. The very next year after the treaty unanimously accepted. Gentlemen will find it quoted in of Greenville, the act of 18th May, 1796, was passed, dithe case of Cohens vs. Virginia, 6 Wheaton, 358. The recting that, "without delay," the lands north of Kendecisions of this tribunal have always been submitted to as tucky river, and seven ranges of townships west of the the last resort in these questions, and I regret to hear its Ohio, should be surveyed and brought into market. By doctrines denounced at this day as damnable, and the court this act, the credit system was established, and the price as a tyrannical "Star Chamber." But suppose a State of the lands fixed. The act of 1800 gave further facilito consider herself aggrieved in a case plain and palpable, ties; and this brings this branch of evidence of hostility there are three constitutional modes in which she can ob- down to the close of General Washington's administration. tain redress: first, by the judiciary; second, by an appeal As this is an important epoch in our history, I will bring to the people at the polls and ballot boxes; third, by cal- all the charges up to this period. New England is moreling upon the States to amend the constitution. Now sup- over charged with attempting to limit territory, and surpose all these fail, and the grievance is, in the opinion of render privileges, in a spirit of hostility to the West. the State, as plain and palpable as ever, one of two And how is this? In the summer of 1781, at a very courses must be pursued: our own decisions must be en- gloomy period of the revolutionary war, when Cornwallis forced, and the State coerced; or, adopting the opinion of had marched triumphantly through the Southern States, a late Senator from North Carolina, [Mr. MACON] if a and supposed them completely subdued, and was, with State will not submit, let her go. Withdraw your power his victorious army, advancing upon Virginia, it was then and protection, send home her Senators and Representa- that Congress thought of surrendering remoter interests, tives, and let the State set up for itself, and, in a very short to preserve those which were essential and vital; and well time, it will come back and supplicate you to receive it again. might the purest patriot have proposed it, in our then critical and perilous condition. But, sir, it is worthy of remark, that the proposition to surrender the navigation of the Mississippi to Spain, as the price of her alliance and aid, was defeated by New England. On the proposition to instruct Mr. Jay, our minister, to make this concession, Massachusetts, Connecticut, and North Carolina, were against it; New York was divided; and, one State being absent, there were not nine in the affirmative, and the proposition failed. If the Senator from Missouri did intend to turn this vote into hostility, I will turn it back. Here Mr. H. read from Chief Justice Marshall's Life of Washington, as follows: And should either of the enterprising youths of the family of the West, the East, or the South, become discontented, and wish to leave his father's house, and ask for the portion which belongs to him, and we should deal it out to him and let him go, and he should take a journey into a far country, and there "waste his substance in riotous living," or some other way, (for waste it he surely would) and there should be "a famine in the land, and he should begin to be in want," and to "feed upon husks," and "no one should give unto him," he would then "come to himself," and begin to reflect, (for adversity is an excellent school for reflection) and would say, "how many "In the present inauspicious state of public affairs, hired servants in my father's house have bread enough and Congress, for the first time, manifested a disposition to to spare," (and here the analogy is very close, for many of sacrifice remote interests, though of great future magni 薹 FEB. 19, 1830.] Mr. Foot's Resolution. [SENATE. tude, for immediate advantages; and directed their minis-forty from New England! By a resolve of the 3d Octoter at Madrid to relinquish, if it should be absolutely ne-ber, 1787, seven hundred troops were raised for the same cessary, the claims of the United States to navigate the purpose: Connecticut, one hundred and sixty-five; New Mississippi below the thirty-first degree of North latitude, York, one hundred and sixty-five; New Jersey, one hunand to a free port on the banks of that river, within the dred and ten; Pennsylvania, two hundred and sixty. By Spanish territory. It is remarkable that only Massachu- the act of the 29th September, 1789, Congress, under the setts, Connecticut, and North Carolina, dissented from new constitution, recognized this last force, and, in addithis resolution; New York was divided." tion, authorized the President to call out the militia to Mr. H. proceeded. Afterwards, it seems to be admit-protect the frontiers. The act of 7th October, 1790, inted, that, when our prospects were brighter, and a simi-creased the army to twelve hundred and sixteen effectives, lar proposition was made, it was unanimously rejected. to constitute a regiment of infantry, (the first regiment) The Senator has sought in vain to find what member of- and a battalion of artillery, of four companies. Of these, fered the proposition, hoping, no doubt, it would turn out about four hundred were in Harmar's defeat, if it was a that he was an inveterate Yankee. Well, let us proceed. defeat. The act of 3d March, 1791, authorized the seOn the 7th March, 1792, the President sent to the Sen-cond regiment. These two regiments of infantry, and ate (as was the practice then) the instructions to be given that battalion of artillery, were the whole regular force in to our minister to Spain, for their advice and consent. In the disastrous campaign of 1791. St. Clair's force enthese instructions, the thirty-first degree of latitude, and gaged was about fifteen hundred, of which a little more the free navigation of the Mississippi, were each of them than one-third were regular troops. The first regiment made a sine qua non. These indispensable conditions were was not in the engagement, for the fugitives from that unanimously approved by the Senate. The negotiations scene of slaughter met Major Hamtramck, with that regiwere arduous and protracted. The West became uneasy ment, at "Fort Jefferson." The second regiment, of and jealous, and demanded of the President the instruc- twelve companies, was, with the exception of one comtions. A French officer had been authorized, by the mi-pany from Delaware, under the gallant Kirkwood, exclunister of the republic here, to raise a body of troops in sively from New England. I infer it from my own recolKentucky, to take and occupy New Orleans. The Presi- lections, and from the fact that two of the majors were dent had called upon the Governor of that State to aid, from Massachusetts, and the other from Connecticut; that with his militia, the army of the United States in that quarter, to arrest any such expedition, if it should be attempted. The Governor thought he had no constitutional power, and General Wayne was ordered to Fort Massac, to arrest any enterprise moving down the river. the captains and subalterns of six of the twelve companies were from Massachusetts, two from Connecticut, one from New Hampshire, and one from Rhode Island. I well remember, though I was then but a child, that one of the companies of that regiment was raised in my But, in 1796, the treaty arrived which secured these own neighborhood, the old county of Plymouth. They great objects, and, on the 3d of March, of that year, it were fine young men, the sons of independent yeomen, was unanimously approved by the Senate. Here, sir, were easy and safe at home. But the cries of their sufferends the second chapter of our hostility to the West--up ing brethren of the West reached them, and their patrito the close of Washington's administration. The Indians otic souls arose. They were led off (I shall never forget had been beaten into a peace, the lands had been survey-it) by an officer by the name of Warren, in whose veins ed and offered for sale, the Western posts had been sur-circulated the blood which was kindred to that of another rendered to us, and the navigation of the Mississippi had Warren, who had previously, at Bunker's Hill, poured out his as an offering to the infant liberties of his country. been secured. I will now go back once more, and bring up the most He was a brave and elegant officer. They marched; they flagrant charge of all: that, for the purpose of prevent- joined St. Clair's army, and were in the fatal battle. They ing emigration, New England had constantly withheld did not run at the first fire, as some of the troops in that protection from the frontiers, and thereby encouraged engagement did. They fought, as New England troops the savages to murder, with knife, sword, and conflagra- always fight, arm to arm, and breast to breast. They tion. Sir, it is very true that New England has always fell--every man of them! Not one officer or soldier of been engaged in active and sanguinary hostility towards that brave company ever returned to bring back the fatal the West. Not against, but for her. New England blood tidings! Their bodies were left a prey to the wolf and has flowed copiously and profusely in defence of our bre- the vulture; their bones are now bleaching in the forest thren of the West. and the fields. And is it well to blast the memory of such Sir, I will repel this charge, and defend the insulted self-devoted patriots? And by whom? By Missouri. And honor of my countrymen. You will find in the resolves pray, at this eventful crisis, where was Missouri? In the of the old Congress, of the 1st and 12th of April, 1785, cradle of her existence? No, not even there. The prothat seven hundred troops were raised "to protect the vince of a foreign despot. This is the unkindest cut of all; settlers on the frontiers"--from Connecticut, one hun-the most uncharitable. dred and sixty-five; New York, one hundred and sixty- This defeat was on the 4th of November, and the news five; New Jersey, one hundred and ten; and Pennsylva- of it arrived at the seat of government in December. The nia, two hundred and sixty. It has been urged that, on the President immediately communicated it to Congress, and 22d June, 1786, Massachusetts voted against sending two recommended an addition to the standing army. Mr. Madicompanies to the Falls of the Ohio; but it should have been son, chairman of the Select Committee to whom the subadded that her reasons were, that she did not believe an In-ject was referred, reported a bill which provided, in the dian war was probable, and that she wished a different first section, for filling the vacancies in the then existing organization of the Indian Department. The same rea- forces, and in the second, for raising three additional regisons influenced her to refuse to employ the thousand Vir-ments of infantry, and a corps of cavalry; making, in the ginia militia. But, in October of that same year, finding whole, a regular army of about five thousand men. that an Indian war was inevitable, it was unanimously re-second section was opposed. It was contended that, by solved to raise thirteen hundred and forty men, and that one single regiment and battalion of artillery, the Governthe quotas should be thus: New Hampshire, two hundred ment incurred an expense of more than one hundred thouand sixty; Massachusetts, six hundred and sixty; Rhode sand dollars a year; that the second regiment had increasIsland, one hundred and twenty; Connecticut, one hun-ed it to three hundred thousand; that this addition would dred and eighty; Maryland, sixty; and Virginia, sixty--require at least a million; that the funds were not equal twelve hundred and twenty of the thirteen hundred and to meet the expense; and that the border militia could This SENATE.] Mr. Foot's Resolution. [FEB. 19, 1830. better defend the frontiers than a regular force. This last thing they could desire, in respect to our foreign relations, opinion had been urged upon the President by all the Re- towards confirming their prosperity." presentatives of the counties in Kentucky and Western Having repelled and refuted the charges against my secVirginia. But the President had learnt from experience tion of country, up to the close of Washington's adminis how little reliance, in great emergencies, was to be placed tration, (at least to my own satisfaction) I will now take upon militia. He gave conciliatory answers to the memo-up my line of march, and bring them all down to the prerials, but followed the dictates of his own judgment. sent period. On a motion to strike out the second section, which pro- Since this period, the public lands have been the "fosvided for this additional force, the House of Representa- ter child" of the Government. Including purchases by tives divided-eighteen for, and thirty-four against, strik- treaty, about four hundred public acts have been passed ing out. In this division, if I recollect, a majority of Mas- to encourage the sale and settlement of the public lands. sachusetts and Rhode Island were against the section; I will not torture the Senate with a particular detail, but New Hampshire a majority, and Connecticut unanimously glance at some of our general principles, and give a few for it; Virginia and South Carolina a majority for, and prominent examples; and it is astonishing what care and North Carolina and Georgia against it. Now, what infer-promptitude are here manifested. The cession of Georence would the Senator from Missouri draw from these gia was in 1802; and on the 3d of March, 1803, we provid facts, of Southern friendship or Eastern hostility? In the Senate the section was stricken out, by a majority of one, the late President Monroe voting with the majority. It was, however, restored by a Committee of Conference, and the bill passed. Still Congress knew very well that means must be provided, and by the act of the 2d May of the same year, entitled An act for the protection of the frontiers, but in reality a tariff, raised the supplies for the army, and anticipated the revenues by a loan of five hundred thousand dollars, for the payment of which these very revenues were pledged. Wayne achieved the victory of Miami in August, 1794, and it was followed by the treaty of Greenville, of 1795. ed for confirming foreign titles, quieting settlers, and surveying the residue. The next year similar provisions were made for Indiana. The cession of Louisiana was in 1803; possession was delivered the next year, and by the act of the 2d March, 1805, the same measures were adopted in regard to the lands there. By the act of the 24th April, 1820, the credit system was abolished, and the price reduced to one dollar and twenty-five cents per acre; and by that of the 2d March, 1821, "the relief" was given, by which about nine millions of dollars were released to the debtors. How very hosule all this to the suffering West! so that it But that the low price of lands in Maine should be ug The British treaty was ratified in the same year, and ined as evidence of our hostility to the West, is of all things 1796 the Western posts were surrendered to the United the most laughable. Suppose, sir, that we had graduated States. At the time of Washington's Farewell Address, our prices with a view to compete with the United States; the West was in perfect security; the Indians had been is this hostility? Competition is the soul of enterprise. If subdued; the Northwestern posts acquired; the navigation I offer to undersell you, am I therefore your enemy? No, of the Mississippi secured; and the lands were ready for sir; it is only when a man attempts to destroy his competi sale to the settlers. Combine all these facts, and then say, tor, to get him out of his way, that the competition becomes is there to this time evidence of hostility of the East against wicked. This is that with which New England is new the West? But to establish my proof beyond all cavil or charged, and the charge is groundless. The Senater apdoubt, I will introduce one witness, who, for general in-prehends that his "graduation bill" induced Maine to retelligence, knowledge of the facts, and character for vera-duce the price of her lands. Now, I doubt if those who city, will not suffer in a comparison even with the Senator have the management of our lands ever heard of his gra from Missouri himself; nay, more, whose testimony is per-duation bill in their lives. Even it is questionable if they fect verity; more still, which, for prophecy, as well as ever heard of him; sure I am that they never understood truth, stands next to Holy Writ. That witness is George the full scope of his talents. That Senator, begging his Washington. His legacy was promulgated at the close of pardon, has not yet learnt our system of lands. It is, I re1796. First, as to the prophecy: gret to say, a very bad one. Massachusetts before, and "In contemplating the causes which may disturb our Maine since the separation, have pursued a policy very inUnion, it occurs as matter of serious concern, that any jurious to settlements. They have sold in large quantities ground should have been furnished for characterizing par- to speculators. A million of acres, nearly, in the centre of ties by geographical discriminations--Northern and South- the State, is now in the hands of foreigners, ern, Atlantic and Western; whence designing men may cannot be approached by settlers. The State in a mea endeavor to excite a belief that there is a real difference sure still pursues the same policy. A single case will ilof local interests and views. One of the expedients of par-lustrate our whole system. Very lately the agent sold a ty to acquire influence, within particular districts, is to half township for seventy-five cents per acre--the purcha misrepresent the opinions and aims of other districts. You ser, the same e day, sold one-half of his purchase for the cannot shield yourselves too much against the jealousies whole consideration, and now the cultivator could not proand heart burnings which spring from these misrepresen-bably purchase for five dollars. Yet, it is not at all strange tations: they tend to render alien to each other those who that this Senator should imagine that we have done all thes ought to be bound together by fraternal affection." in utter hostility to his graduation bill. Nothing is more Isaiah himself could not have predicted more accurately. natural than that we should think that others are speaking We see it with our eyes: we hear it with our ears: it is ful-of, or acting upon, what is uppermost in our own minds. filling this moment. Now to the testimony: This graduation bill (and I never saw it in my life) is, no "The inhabitants of our Western country have lately doubt, his darling object--one upon which he expects to had a useful lesson on this head. They have seen in the erect a monument to his fame. Now, nothing is more t negotiation by the Executive, and in the unanimous ratifi- than that we are partial to our own offspring. Though it cation by the Senate of the treaty with Spain, and in the may be very ugly, yet the parent supposes it the prettiest universal satisfaction at the event throughout the United little creature in the world. So here, whatever is done, any States, a decisive proof how unfounded were the suspicions where, must have some allusion to " my graduation bill." propagated among them, of a policy in the General Go- Sir, as to giving away the public lands, or selling them vernment, and in the Atlantic States, unfriendly to their at a nominal price, which is the same thing, I may have interests in regard to the Mississippi. They have been occasion to say a word hereafter, and to inquire into the witnesses to the formation of two treaties-that with Great justice or policy of such liberality. My own opinion is, Britain, and that with Spain; which secure to them every and I would venture to submit the point to the Senators |