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мансн 9 то 15. Heirs of Robert Fulton.Louisville and Portland Canal.--Mr. Foot's Resolution. (SENATE. The question was then taken on Mr. FORSYTH'S amend.

Moyday, March 15, 1830. ment to the amendment of Mr. FRELINGHUYSEN, and agreed to—21 to 20.

MR. FOOT'S RESOLUTION. The question on the amendment to the resolution as

The Senate resumed the consideration of the resolution amended, was then put, and decided in the affirmative; offered by Mr. FOOT; when Mr. LIVINGSTON conand the resolution, as amended, was agreed to.

cluded his speech, commenced on the 9th instant.

[The following is a full report of it. ) TUESDAY, MARCH 9, 1830.

The important topics that have been presented to our On motion of Mr. LIVINGSTON, the Senate resumed consideration, (said Mr. L.) and the ability with which the the consideration of the resolution heretofore offered by questions arising out of thein have been hitherto discussed, Mr. FOOT, and Mr. L. addressed the Senate till 3 o'clock, cannot but have excited a very considerable interest; when he gave way for a motion to adjourn.

which I regret exceedingly that I shall be obliged to interrupt, and greatly disappoint those who look for a con

tinuance of the popular harangue, the tart reply, the WEDNESDAY, March 10, 1830.

logic, and the wisdom, and the wit," with which we have The Senate were this day principally occupied in the been entertained. For, sir, you can expect nothing from consideration of Executive business.

me but a very plain, and, I fear, a very dull exposition of

my views on some of the subjects comprised in this excurTHURSDAY, MARCH 11, 1830.

sive debate, unembellished by eloquence, unseasoned by HEIRS OF ROBERT FULTON.

the pringency of personal allusions. For I have no accu

sations to make of sectional hostility to the State I repreThe bill to recompense the heirs of Robert Fulton, de sent, and, of consequence, no recriminations to urge in its ceased, was read the third time.

behalf, no personal animosity to indulge, and but one-The question being on the passage of this bill, which yes, sir, I have one personal defence to make; a necessary proposed the grant of a township of land to the heirs defence against a grave accusation; but that will be as of Robert Fulton, in consideration of benefits render-moderate as I know it will be complete, satisfactory, and, ed by him to the country, the yeas and nays thereon I had almost said, triumphant. were required by Mr. FORSYTII, with the view that the The multiplicity and nature of the subjects that have decision, involving a question of much importance on con- been considered in debating a resolution with which none stitutional grounds, should be a solemn one.

of them seem to have the slightest connexion, and the addiWhereupon arose a debate of much interest, and, in a tion of new subjects, with which every speaker has thought constitutional view, of much importance. The gentle it proper to increase the former stock, has given me, I men who engaged in the debate, were, Mr. FORSYTH, confess, some uneasiness. I feared an irruption of the Mr. LIVINGSTON, Mr. BROWN, Mr. BARTON, Mr. Cherokees, and was not without apprehensions that we TAZEWELL, Mr. SMITH, of Md. Mr. JOHNSTON, of should be called on to terminate the question of Sunday Lou Mr. HAYNE, Mr. SMITH, of S. C. Mr. SANFORD, mails, or, if the Anti-Masonic Convention should take of and Mr. NOBLE.

fence at the secrecy of our executive session, or insist on The question being finally taken on ordering the bill the expulsion of all the initiated from our councils, that we to be engrossed for a third reading, it was decided as should be obliged to contend with them for our seats. Infollows:

deed, I had myself serious thoughts of introducing the reforYEAS-Messrs. Barton, Chambers, Dudley, Johnston, mation of our national code, and a plan for the gradual inKnight, Livingston, Robbins, Sanford, Willey-9. crease of the navy, and am not yet quite decided whether,

NATS— Messrs. Adams, Barnard, Bell, Benton, Brown, before I sit down, I shall not urge the abolition of capital Burnet, Chase, Dickerson, Ellis, Foot, Forsyth, Freling punishments. In truth, the whole brought forcibly to my huysen, Grundy Hayne, Hendricks, Holmes, lredell, recollection an anecdote told in one of the numerous meKane, king, McKinley, McLean, Marks, Naudain, Noble, moirs written during the reign of Louis XIV. too trivial, Ruggles, Seymour, Smith, of s. C. Sprague, Tazewell, perhaps, to be introduced into this grave debate, but Troup, Tyler, White, Woodbury--33.

which, perhaps, may be excused. A young lady had been So the bill was rejected.

educated in all the learning of the times, and her progress had been so much to the satisfaction of the princess who

had directed her studies, that, on her first introduction, FRIDAY, MARCH 12, 1830.

her patroness used to address her thus: “Come, Miss, disLOUISVILLE AND PORTLAND CANAL..

course with these ladies and gentlemen on the subject of The bill to authorize a subscription of stock on the part theology. So, that will do. Now talk of geography; after of the United States, in the Louisville and Portland Canal that, you will converse on the subjects of astronomy and Company, was taken up, and, after considerable debate, in metaphysics, and then give your ideas on logic and the which the bill was advocated by Messrs. HENDRICKS, belle lettres.” And thus the poor girl, to her great an. JOHNSTON, and ROWAN, and was opposed by Messrs. noyance, and the greater of her auditors, was put through TAZEWELL and HAYNE, it was ordered to be en- the whole circle of the sciences in which she had been ingrossed for a third reading by the following vote: structed. Sir, might not a hearer of our debates, for

YEAS-Messrs. Barnard, Barton, Benton, Burnet, some days past, have concluded that we, too, had been Chambers, Chase, Dudley, Foot, Grundy, Hendricks, directed in a similar way, and that you had said to each of Johnston, Kane, Livingston, McLean, Marks, Naudain, the speakers, “Sir, please to rise and speak on the dispoRobbins, Rowan, Ruggles, Seymour, Silsbee, Smith, of sition of the public lands; after that you may talk of the Md. Willey--23.

tariff; let us know all you think on the subject of internal NAYS.—Messrs. Adams, Bell, Brown, Dickerson, El- improvement; and before you sit down, discuss the powers lis, Forsyth, Frelinghuysen, Hayne, Holmes, Iredell, of the Senate in relation to appointments, and the right of Knight, Smith, of s. C. Sprague, Tazewell, Troup, Ty- a State to recede from the Union; and finish by letting us ler, White, Woodbury-18.

know whether you approve or oppose the measures of the (The bill directed an additional subscription, on the part present or the six preceding administrations." The apof the United States, to the stock of the company, for proximation, sir, of so many heterogeneous materials for one thousand shares, at one hundred dollars each.) discuasion, must provoke a smile; and most of those who Adjourned to Monday.

have addressed you, while they lamented that subjects un.

SETATE.]

Mr. Foot's Resolution.

(MARCH 15, 1830.

connected with the resolution had been introduced into after this great event, I was sent on a mission to the Bridebate, rarely sat down without adding to the number. tish ficet. Circumstances protracted my stay on board the For my own part, I think the discussion may be turned to admiral's ship for several days; during which, having useful purposes. It may, by the interchange of opinion, been formerly acquainted with an officer high in com increase our own information on all the important points mand, I discovered, not only from his conversation, but which have been examined, while, not being called on for that of almost all the officers, that the utmost reliance a vote, we may weigh them at leisure, and come to a con- was placed on the Hartford Convention, for effecting a clusion, without being influenced by the warmth of debate. dissolution of the Union, and the neutrality of New Eng. The publication of what has been said will spread use. land. I have no evidence that these hopes and expectaful information on topics bighly proper to be understood tions were derived from any communication with any in the community at large.

member of that body; but I know that the enemy were, The recurrence which has necessarily been had to first as must naturaliy have been the case, encouraged by the principles is of incalculable use. The nature, form, his appearance of division which that meeting was calculated tory, and changes of our Government, imperceptible or to produce. It was made the topic of conversation as often disregarded at the time of their occurrence, are reinark, as civility to me would allow, and was never referred to ed; abuses are pointed out; and the people are brought but with an ill-concealed triumph. An assembly, on to reflect on the past and provide for the future.

whose deliberations were founded such insolent expecta. It affords a favorable opportunity, by explanations that tions, so injurious to the patriotism and integrity of a part would not otherwise have been made, to remove preju- of my country, whose inhabitants I liad always been taught dice and doubts as to political character and conduct. to respect--such an assembly could not but have raised For instance, sir, it has already produced one which I the most unfavorable impressions of its object; and the consider very important. The Senator from Massachu- suspicion of having favored or promoted its meeting, nesetts, who so eloquently engaged the attention of his audi- cessarily derogated from the high opinion which might tors in the beginning of the debate, took that occasion to otherwise have been entertained of the discretion or padisavow any connexion with the Hartford Convention; to triotism of any one to whom it attached. declare, in unequivocal terms, that he “had nothing to As this debate has offered an occasion of making the do with the Hartford Convention.” Sir, I heard this ex- disavowal to which I refer, so, if it should (as I sincerely plicit declaration with great pleasure, because, on my ar- hope it may) produce a similar disclaimer of that construcrival here as a member of the other House, in which I tion of the constitution which assumes an uncontrolled first had the satisfaction of being acquainted, and associat-power, under the general expression of providing for the ing with that Senator, I received an impression (from general welfare, it will completely annihilate one of the whom, or how, or where, it would be impossible for me most dangerous party dogmas, and verify what has been now to tell) that, although not a member of that conven- so frequently said, that federalism was extinct; and, on tion, he had, in some sort, favored, promoted, or approv- the other hand, an open avowal of that doctrine will put ed of its meeting; and, being only on such terins of social us on our guard against its operation; so that the frank inintercourse as one gentleman has with another, without terchange of sentiment that may be expected, must, in that intimacy which would have justified my making a every view, be beneficial. personal inquiry, I remained in doubt on the subject. It Yet, Sir, I should, notwithstanding these ideas of the gave me, therefore, I repeat, great satisfaction to hear a utility of the debate, have taken no part in it but for declaration which has so completely eradicated every sus- these considerations: picion that the Senator from Massachusetts lent his coun The importance of the subject of the resolution to the tenance to that injudicious, ill-timed, and dangerous mea- State i represent; sure, to which others have given stronger epithets of dis The appeals that have been made to my recollection in approbation, and which were probably not unmerited. the course of the discussion; Sir, I happen to know something, not of the proceedings And the necessity of repelling a charge implicating me, or views of that body, but of the effect its existence had and others with whom I acted, in a charge of hostility to in encouraging our enemy in exciting hopes of disunion, the Father of his Country. nay, of disgraceful adherence to their cause. While these The original resolution, now completely abandoned, worthy citizens were occupied in deliberating on the and only incidentally referred to, must form a prominent plans, whatever they were, which drew them together in figure in the observations I shall address to the Senate. The the East; while they, and others associated with them in subject it involves is one of deep interest to my Stale; party feeling, were devising means of putting an end to and the policy of the General Government with respect the war, by vilifying those who declared, and detracting to its public land within our boundaries, shall be freely from the merit of those who conducted it; by opposing canvassed. Representing, with my worthy colleague, the every measure for prosecuting it with vigor, and obstruct-interests of that State, I should betray' those interests ing our means of defence; by denouncing the war itself were I not to seize this favorable opportunity of making as unjust, and the gallant exploits of our army and navy known the true situation of our claims on the justice of as unfit subjects for rejoicing; while these men were thus the Union. Iconfine myself to my own State; the others employed at one extremity of the Union, others were dif- are too ably represented to need my aid. Some gentle." ferently engaged at the other. A small but gallant band, men have thought that they could trace the measures of directed by their heroic leader, were striving also to put which they complain to particular sections of the Union, an end to the war, but by far different means--by means and I must not be understood as censuring this course. of brave, uncompromising, uncalculating resistance; their Though I do not think it necessary for me, others, who attacks were made upon the enemies of their country, not undoubtedly understand this subject better than I do, upon its Government; among them were militiamen, who, think that it is so for them. It is not for me to blame without any constitutional scruples about passing the them. boundary of their State, had marched more than a thon My friend from Missouri has, with his characteristic sand miles beyond those boundaries in search of the ene- diligence, collected a mass of evidence on this subo my. They found him, and glorious victory at the same jeci, which is, perbaps conclusive; but this it does not moment. Joined to my brave constituents, they gave a suit my purpose to examine; I will not attempt any such most signal defeat to more than three times their number, research. The measures of which I shall complain are and signalized the close of the war by an action in itselt those of the nation. I should bewilder myself, do injus capable of putting an end to the contest. Immediately tice to others, and cause useless irritation, were I to seek,

Marca 15, 1830.]

Mr. Foot's Resolution.

(SENATE.

in old journals or forgotten documents, for the names of meandering course, and the division of its waters by the those who voted for or against the measures of which I Delta, presents banks of near fifteen hundred miles on am forced to complain, or try to discover what river or both sides--the other rivers falling into it nearly as much what geographical line divided them. All those votes, I more. All these are subject to annual inundation; and, am bound to believe, were given from proper motives, in the whole alluvial soil, the banks of the river are the though from erroneous views. I feel no sectional or per- highest ground, which descends on an inclined plane to sonal hostility, and will endeavor to éxcite none.

In the level of the ocean. It follows, from this configuraavowing this course, I am far from arraigning that which tion, that the banks of the river must be secured by dikes, some of my friends have pursued; they are the best for that the whole of the alluvial country must be subjudges of their own griefs, and the best mode of redress- merged, during every annual rise of the river. The coning them. For my own part, I repeat, that all of which struction of these dikes was a duty imposed on the first I shall complain are the acts and omissions of the whole settlers of the province, as a condition of their grants; Government: and I state them, only because I hope and and this mighty river, encased in high and solid embank believe that, when they shall be fully known, compensa- ments, for nearly two hundred miles of its course, attests tion for injuries and injurious omissions will be offered, how faithfully this condition was fulfilled—a wonderful and all stipulations faithfully performed.

work, when compared with the slender population by Louisiana was ceded by France to the United States in which it was effected. By the terms of the cession, the 1803. By the treaty of cession the United States acquired United States became the proprietor of all the vacant all the vacant lands within the province, and the sove lands; but they have not considered themselves liable to reignty over it; but under the following conditions: any of the duties that would have attached to the proper

To maintain the inhabitants in the enjoyment of their ty, had it been in private hands; they expressly exempt property;

themselves, and even those to whom they may sell, during To admit them, as soon as possible, into the Union, ac- five years, from taxes, or any contribution to Government; cording to the principles of the Federal constitution. and, practically, have refused to make any of the improve

Neither of these conditions have been faithfully per- ments necessary, not only for reclaiming their own lands, formed according to the spirit of the stipulation. but for protecting their inhabitants from the effects of the

To maintain the inhabitants in the enjoyment of their inundations which have been described; and, in numerproperty, it was essential that all disputed claims to it ous instances, parishes have been obliged, in their own should be submitted to the decision of a court, whether defence, to perform this expensive operation for you. such claims were made by individuals or the Government. Now, sir, the State contains thirty-six millions of acres, Yet all the titles disallowed by the Government were di- of which your commissioners have confirmed, and you rected to be decided by commissoners of its own choos- have granted and sold, only five millions; so that you now ing, holding their offices at the will of the President. own six-sevenths of the whole State. That one-seventh, This was not only doing injustice to us, but was an in- which is in private hands, supports a population of more fringement on the constitutional distribution of power, by than two hundred thousand souls, and raises an agricultuwhich the judicial functions of the United States are vest- ral produce, beyond its own consumption, of eight miled in a supreme and inferior courts, of which the judges lions of dollars. Yet, with this evident advantage, resultare to hold their offices during good behavior, who are to ing from a settlement of the old titles, and the sale of the take cognizance of all controversies to which the United lands in the State, which, at the same rate, would give a States are parties, and from the decisions of the latter of population of more than a million, and an export nearly which an appeal lies to the former. Now, no one can equal to that of all the rest of the States, you have only deny that, to decide on the validity of a title to land, is a sold two hundred and fifty thousand acres of the public judicial function; that the United States are parties to all land; and you refuse to try, or to allow just claims to the the controversies in relation to their titles to public lands; amount of two millions more; so that, with the richest and that commissioners are not such judges as are intend- soil in the world, we are condemned to a scanty populaed by the constitution. Yet, sir, you refuse to give us tion, and to see the owners of six-sevenths of our soil re. the enjoyment of two millions and more of acres, claimed fusing to contribute to the expenses of our Government, by citizens of my State, under perfect grants, made by forcing us to defend their property, as well as ours, from the former sovereigns of the province, because your destructive inundations, and more destructive invasions, commissioners, under the instructions of an Executive and for more than a quarter of a century, by delaying the department, have refused to ratify them. Year after disposition of the lands, breaking that which I shall prove year, for more than twenty years, they have petitioned was the most important condition on which they received for their right under the treaty, or for a judicial inquiry the country. into their title; year after year you have refused this That condition was not only security for property, but just and reasonable demand. You have partially granted that the inhabitants should be incorporated in the Union, it to the adjoining States and Territory of Missouri, Ala- as soon as possible, according to the principles of the Febama, and Arkansas, but have pertinaciously, unjustly, deral constitution;" that is to say, that the country should and cruelly, refused it to us. We have, also, in common be erected into a State, as soon as it could be done, acwith the adjoining States of Missouri, Mississippi, and cording to the principles of the constitution; but there Alabama, (all in part or in the whole taken out of the was no principle to oppose its being done instantly. Yet, territory ceded by treaty) been deprived of the benefits of notwithstanding the most spirited remonstrance, made in the judiciary system of the United States. Lives and for the first year after the cession, a remonstrance now on tunes submitted to the legal decision of a single man: Lives your files, and which testifies, not only the desire to enwithout appeal--fortunes, undertwo thousand dollars, with-joy the privilege, but shows the ability to exercise it, you out appeal. Both, in my opinion, have been more than kept them in the subordinate grade of a territory for once illegally sacrificed to this cruel neglect of our more than eight years, and you lopped off the greater part rigbts.

of the province, out of which, without their consent, you To understand the next grievance of which I complain, have made an extensive territory, and a more extensive the attention of the Senate must be drawn to the topo- State. It is true, sir, that, at this late period, you brought graphical features of the country, as well as its statistics Louisiana into the Union; you assigned their boundaries; and geographical position. In the short distance of four you approved of their constitution; and you admitted their degrees of latitude, the extent of this State on one side Senators and Representatives into the councils of the naof the Mississippi, and two on the other, that river, by its tion. But is this all that is necessarily implied by the ob

Vol. VI.--32

SENATE.]

Mr. Foot's Resolution.

(MARCH 15, 1830.

" What constitutes a State?

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ligation of the treaty? Is an extent of territorial limit all ally injured. If our titles had been confirmed; if the that is required? In contracting to create a State, you lands had been surveyed and disposed of at low prices to promised to promote its population. In stipulating that actual settlers; if large allowances had been made out of it should become one of a confederacy of free republics, them for public education and other useful institutions; you promised the means of making that population wor- if, while the lands remained unsold, the Government had thy of the name, and capable of exercising the duties of subjected itself to the duties required of other land hold. freemen; you promised them the means of moral, reli- ers, it is no extravagant calculation to say that the State gious, and scientific education; you promised such a dis- would have, at this day, contained a million of inhabiposition of the lands as would fill the space assigned to tants, producing from the soil an excess above their own the new member of the Union with independent freehold consumption of forty millions of dollars, and, if there be ers, the product of whose labors, after supporting them- any truth in the calculations of political economy, paying selves in comfort, would contribute to the necessary ex- annually, by the duties on their consumption, according penses of the local Government, and increase, by their to the present rates, more than ten times as much as the consumption, the revenues of yours

. Unless you did this, aggregate sales of all your lands have prociuced in any you did nothing: Your assignment of boundaries, your one year. statutory provisions, would have been a mockery, if we As I said, sir, I confine my remarks to my own State, had not, by almost miraculous exertions, broke the shac- and I consider the policy pursued with respect to the kles imposed on our progress, and supplied by the en. lands it contains, as unjust, narrow, unwise, and in the ergy of our scanty population, the want of numbers which highest degree injurious to the Union. If, twenty years your laws denied us. You forgot that population, as well ago, the land had been parcelled out to actual settlers, as soil, was necessary. You forgot the lesson taught by a according to the policy pursued by the French and SpaGreek, and elegantly paraphrased by a British poet nish possessors of the province, without exacting any

consideration, I have not the slightest doubt, that, in a Not high raised battlement, nor labored mound,

mere pecuniary point of view, it would have been the Thick wall, nor moated gate. Not cities fair, with spires and currets crowned;

wisest measure; and that, through your custom house, you Not bays and broad-armed ports,

would, as long as you chose to continue your duties, reWhere, laughing at the storni, rich navies ride!

ceive more dollars and cents twenty fold, than you will Not starr'd and spangled courts, Where low-howed baseness wafts persume to pride!

annually receive in the comparatively few years that your No! men! high-minded men!

lands in the State will be on sale. It is because I think Men who their duties know; But know their rights, and knowing dare maintain,

it not too late to change this policy that I have seized this Prevent the long aimed blow,

occasion to expose it. Confirm all our just titles, submit And crush the tyrant when they burst the ebain

those of which you doubt to the Judiciary, endow all our These constitute a State."

public institutions liberally: Remember ihat you deprive These your policy would have refused; but these Hea- us of laying taxes for this purpose by condemning to steven had provided, by inspiring the little band which our rility six-sevenths of the land in the State. Supply this sparse population could afford, and their few associates, defect, rescue your own lands, and those of our citizens with the energy, patriotism, and self-devotion, which the which adjoin your's, from the destructive effects of inundamoment of danger required. Think you, sir, that, if my tion, and connect us by canals and roads with the rest of constituents, instead of the noble-minded men who few the Union. Give, if you cannot sell, your lands to setto the standard of the country the moment its soil was in- tlers who will become consumers, and add to your revevaded; who heroically and successfully contended against nue; who will be hardy and independent, and add to odds in discipline and numbers, and braved dangers, be your strength; and who will form an iron frontier on your fore which even high courage might quail; who can Southern and Western boundary, that will set invasion at boast of having gained the honor of that resolution on your

defiance. statute book, which records, in terms to which they and In asserting the rights of my constituents, I address their posterity may look with pride, that “the brave Lou- my just complaints to the Representatives of the people isianians are entitled to the thanks, and deserve well of and the States. I trace our injuries to no section of counthe whole people, of the United States”-an honor to try, to no party, to no particular men. I can make proper which, as yet, no other State las attainedl; if, instead of allowance for opinions that may have actuated all who the enlightened people who gave the first example to advocated the different measures of which we comtheir sister States, of providing a written code of laws, plain, without imputing them to a marked and improper and will be the last to give them an example of dishonor, hostility. Constitutional objections were entertained to or want of attachment to the Union; 'if, instead of our admission—they are removed. Doubts existed of these, they had been the degraded vassals of arbitrary our attachment to the Union, of our courage to defend it; power, hugging, rather than bursting their chains, inca- they have been triumphantly destroyed.

Our ability for pable of appreciating the advantages of liberty and self- self government was made a question, but our legislation government, such as their calumniators in and out of Con- has long since solved it. Now, therefore, we look for gress represented them to be: I ask, sir, whether all the justice, and I trust, sir, that we shall not look in vain. laws you could have passed would have enabled them to Having finished what I thought myself obliged to say? assume their place in the Union, unless those laws, by on the policy pursued with respect to the State, I have rendering the acquisition of lands casy, should have sup- tried to find some chain by which this subject might be plied us with a race of independent, well-informed culti- connected with another, to which frequent allusions have vators of the soil, the bone and sinew of every State? been made—the existence of present, and the history of

You have left us, for this, to our own resources: you past, parties in our Legislature. This I have found it difhave done worse; by denying the power of trying our ficult to do, unless from the consideration that, in popular titles, you have deprived us of those to which we are le- governments, party connects itself with every thing: gally entitled, independently of your laws; and you have nothing too high, or too low, too grave or too trivial—from for twenty-five years forced the proprietors of grants to a construction of the constitution to the merits of an ac. contribute to the support of the State Government, ac tor; from the election of a President to that of a constacording to the value of their lands, while you, by un- ble. It is not surprising, therefore, that party views may founded claims, prevent them making any use of them. at times hare mixed themselves with the measures pur

In these, as in the case with most unjust measures, the sued by the General Government towards the Western interest of those who adopt them has been most materi- States." But I cannot willingly bring myself to believe

MARCH 15, 1830.]

Mr. Foot's Resolution.

[SENATE.

that there is a party permanently, and on principle, hos- and that no construction or direct change should be pertile to the prosperity of those States. Allusions have been mitted that would lessen the power or influence of the made to those which formerly divided us, and which are State Governments. These last description of federalstill, under other names, supposed to exist. It may be ists were naturally joined by the individuals who had useful to examine their nature, and refer to their history. forined the extinct party of anti-federalists; and, together, It is quite obvious, that parties must exist in all popular under the name of the republican party, they watched governments, and not less so, that they are, when not the movements, and opposed the suspicious measures, of carried to excess, useful, and even necessary; but we those whom I have first designated, and who retained the must carefully observe their different kinds. The first name of federalists. and most important is, that which divides the supporters The first and most dangerous principle, not always of general tenets on the construction of the powers of avowed by the federal party, but generally acted upon, Government, or of any of its branches, from the opposers was this: that, under the construction of the words in of those tenets. These being, from their nature, perma- the preamble, declaring that the intent of the constitunent, and occuring in almost erery operation of the Go- tion was to promote the general welfare, and the use of vernment, form, until their doctrines are fully established, the same phrase in the clause giving the power to lay or finally given up, a marked line of division between all taxes, a right to do any thing which promoted the genewho take any part in public affairs. There can be in the ral welfare of the United States, unless expressly inhibitnature of things no neutrals; every man who has any ed, was included. The direct operation of this interpre. opinion, or even acts on those of others, must be united tation in consolidating the General Government, and anwith one or the other of these parties; and when they nihilating the power of the States, was evident, and the are thus arrayed, great sacrifices of individual opinion avowal of it alarming. Besides this, there were many must be made in matters of minor importance, in order incidents which, to minds already excited by more imto secure strength in those which regard the great ques- portant opinions and events, created suspicions of a design tion. Hence we find, that, whenever the country is divid- to change the forms, as well as the substance, of the new ded by a permanent party of this kind, it brings within Government; and which, although by one party consiits vortex every measure of Government, and that useful dered “trifles light as air,” were by the other thought to laws are opposed by the one party, and injurious mea- be “confirmation strong as proofs from holy writ.” The sures favored by the other, from the effect that the one or President having opened the session by a speech to both the other will have in gaining proselytes, or preserving Houses, as was then, and for twelve years continued to friends.

be, the mode, one of the first subjects of deliberation in When this great party division ceases to exist, it is the Senate was the style by which he should be addressed generally replaced by such as are formed for the elevation in their answer. A committee was appointed to conor depression of particular men, or the support or op- sider this subject, and they reported that the President position to particular measures. These last having no should be styled, His Highness. The democratic branch, permanent principle to rest upon, continually change however, insisted on calling him simply what the people with the men, and the operations which they purport to had made him--the President of the United States; and favor or oppose. A vigilant opposition is, in both of these the Senate, yielding to the necessity of the moment, came descriptions of party, extremely useful; in the one, to pre- to the following resolution: serve the organization of Government inviolate; in the In Senate of the United States, May 14, 1789. other, to secure integrity in its operations.

“ The committee, appointed the 9th instant, to conThe establishment of our present happy constitution, sider and report under what title it will be proper for the (happy unless corrupted by false constructions or torn Senate to address the President of the United States of by mad and ruinous resistance) was preceded by the America,' reported, that, in the opinion of the committee, contest of two parties, whose names (no common occur- it will be proper thus to address the President: His Highrence) designated their principles and the object for ness the President of the United States of America and which they respectively contended. It was general, and Protector of their Liberties. founded on principle; the one contending for a radical “Which report was postponed, and the following rechange in the confederation of the States—these were solve was agreed to, to wit: designated as federalists; the other, opposed to this “From a decent respect for the opinion and practice of change, who were styled anti-federalists. When the civilized nations, whether under monarchical or republiStates had agreed to the constitution, this party became can forms of government, whose custom is to annex titles extinct; the object on the one side having been com- of respectability to the office of their Chief Magistrates; pletely established, and the opposition on the other gene- and that, on intercourse with foreign nations, a due rerally abandoned. Coeval with the operations of the new spect for the majesty of the people of the United States Government, arose a new party of the same general per- may not be hazarded by an appearance of singularity, the manent kind, because it was founded on a contrariety of Senate have been induced to be of opinion, that it would opinion on the powers of the new Government. Among be proper to annex a respectable title to the office of the those who had most zealously promoted its adoption, were President of the United States; but the Senate, desirous men of high talents, who strove in its formation to give it of preserving harmony with the House of Representaa character of greater energy, and increase its power at the tives, where the practice lately observed in presenting an expense of those of the States. Being obliged to yield address to the President was without the addition of titles, many of their ideas to those of others, who thought it too think it proper, for the present, to act in conformity with energetic as it was, they compromised with their oppo- the practice of that House. Therefore, nents, and agreed to the constitution as it is, or, rather, as Resolved, That the present address be “To the Presiit was before the amendments. It was natural that men dent of the United States,' without addition of title. entertaining those ideas should put every construction on “A motion was made to strike out the preamble as far the words of the compact that would bring it nearer to as the words “but the Senate,' which passed in the negawhat they thought the point of perfection. Men of tive; and, on motion for the main question, it passed in equal eminence and abilities had co-operated as indefati- the affirmative." gably in procuring the adoption, but from a conviction By which you will perceive that, as the resolution has that the powers given to the Federal Government, strictly never been further acted upon, we may, to-morrow, conconstrued, were sufficient for all national purposes; that firm the report of the committee, and decorate our Presiany extention of them would be injurious, if not ruinous; dent with the princely title of Highness, and the ominous

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