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Mar 21, 1830.]
Mr. Foot's Resolution.

(SENATE. nished the first and the last chairman which reported “ But the honorable member was inclined to be face. the ordinance, and was always foremost in justice and tious on the subject. He was rather disposed to make it generosity to the West. She gave three individual votes matter of ridicule, that I had introduced into the debate for the passage of this ordinance, no other State giving the name of one Nathan Dane, of whom he assures us he but two.

had never before heard. Sir, if the honorable member Such is the history of the conception, the progress, and had never before heard of Mr. Dane, I am sorry for it. final passage of this ordinance; such the evidence of the It shows him less acquainted with the public men of the Journal, which for ever establishes it as a Southern mea- country, than I had supposed. Let me tell him, however, sure. The South conceived it, matured it, and passed it. that a sneer from him, at the mention of the name of Mr. She gave it to the West for the government of the terri- Dane, is in bad taste. It may well be a high mark of amtory which she had given to the confederacy; and she gave bition, sir, either with the honorable gentleman or myself

, it as it now stands, filled with all the meritorious provi- to accomplish as much to make our names known to adsions which have been so highly extolled upon the assump- vantage, and remembered with gratitude, as Mr. Dane has tion that the honors of the act belonged to the North. accomplished. But the truth is, sir, I suspect, that Mr. And now, what is the reward which the South is receiv- Dane lives a little too far north. He is of Massachusetts, ing? Unqualified reproach and reprobation, as the op- and too near the north star to be reached by the honoraposer of that measure! Unqualified and persevering as- ble gentleman's telescope. If his sphere had happened sertion that she was the enemy, the North the friend of to range south of Mason and Dixon's line, he might, prothat measure! When this vast mistake, big with so many bably, have come within the scope of his vision!" evil consequences, was first committed, it was heard with surprise and amazement, but with the charity and indul “Sir, I thank God that, if I am gifted with little of the gence which is due to unintentional error. As such, it spirit which is able to raise mortals to the skies, I have yet was treated; as such, rectified, or attempted to be rectifi. none, as I trust, of that other spirit, which would drag ed.

The journals were produced and read; and an ac- angels down. When I shall be found, sir, in my place knowledgment of the mistake, with a restitution of its here, in the Senate, or elsewhere, to sneer at public merit, u surped honors to the South, were looked for as a natural because it happened to spring up beyond the little limits and regular consequence. Instead of this, so just and so of my own State, or neighborhood; when I refuse, for any reasonable reparation, so indispensable, indeed, to the such cause, or for any cause, the homage due to American honor of all concerned, we see the detected error still talent, to elevated patriotism, to sincere devotion to liber. persisted in the usurped honors still retained and worn. ty and the country; or, if I see an uncommon endowment We see the reading of the journal, which establishes the of Heaven--if I see extraordinary capacity and virtue in rights of the South, contemptuously referred to, as an any son of the South-and if, moved by local prejudice, “attempt to transfer” these honors from their true owner or gangrened by State jealousy, I get up here to abate to a false pretender; and we are told, in the most compen the tithe of a hair from his just character and just fame, dious style of contradiction, that this same journal, “with. may my tongue cleave to the roof of my mouth!” out argument or comment, refutes such attempt.” Instead Mr. B. proceeded to remark upon this passage. He of retraction and amends, we see repetition and insult. said, the meaning and import of it was perfectly apparent, We see all the arrangements for overpowering the truth, and reduced its object to two points; the commendation and expelling it from the land. We see the speech which of one person, and the condemnation of another. The • contains the planetary error, and all its inferior satellites, favored object of applause was the orator's self, the sub

reprinted over and over again, multiplied into a myriad of ject of condemnation was the Senator from South Carocopies, poured into the country under the franking pri- lina, who had been his adversary in the debate, [General vilege, placed as a manual in every hand, to inculcate a Harne.) The Senator from Massachusetts made a prayer eruel misrepresentation upon every mind, to give a false of thanksgiving to his God, because he was not like the direction to the gratitude and resentment of the West: Senator from South Carolina, in this, that, instead of sneerand, under the influence of passions thus excited, to bring ing at merit which displayed itself beyond the limits of that great section of the Union into the political field un- his own State, he honored it wherever discoverable, in der the guidance of a Massachusetts lead, for the restora- every part and section of the Union. This is the subtion of a defeated and repudiated party. This is too much. stance of the first prayer, for there are two of them; and It is carrying the privileges of error far beyond their law its allusion and reference is to Mr. Dane. He is the mor. ful bounds. It is a flight into that region in which the as- tal lifted into the skies, and made into an angel by one sertions are to be limited, not by the boundaries of truth gentleman, and drawn down again and placed upon the and honor, but by the capacities of invention and the limits earth by the other. The Senator from Massachusetts had of credulity.

exalted this gentleman (Mr. Dane) to the sphere of the Having disposed of this great error, and all its auxilia. demi.gods, deified by the ancients for the divine wisdom ries, Mr. B. took up another part of the same printed of their legislation; the Senator from South Carolina, by speech, which he would not have risen to notice, but, be- the simple process of reading a paragraph, restored him ing on his feet, and having the specch in his band, he to the earth, and exhibited his person in the den of the would read the part referred to, and extend a remark up. Hartford Convention. This is called dragging the angel on it.

down, and is supposed to bespeak that “other spirit,” not named, butunderstood, which the Senator from Massachu.

setts is so thankful he does not possess; with how much “ In the course of my observations the other day, I paid reason, will presently appear. a passing tribute of respect to a very worthy man, Mr. The second prayer was the reverse of the first oneDane, of Massachusetts. It so happened, that he drew a prayer of imprecation-and invoked the Divine venthe ordinance of 1787, for the government of the North- geance upon the offending organ, if, moved by a base paswestern Territory. A man of so much ability, and so lit- sion, it should ever abate the tenth part of a hair from the tle pretence; of so great a capacity to do good, and so un- just fame of any Southern man. Mr. B. admitted that the mixed a disposition to do it for its own sake; a gentleman |form of this prayer was fine; its words fine; its sentiments who acted an important part forty years ago, in a measure, fine; but he presumed to say that something else besides the influence of which is still deeply felt in the very mat- finery was necessary to give value to words and sentiments, ter which was the subject of debate, might, I thought, re-in prayers as well as speeches, and that this essential inceive from me a commendatory recognition.

gredient appeared to be lacking in the prayer referred to. Vol. VI.--57

THE PASSAGE.

SENATE.]

Mr. Foot's Resolution.

(May 21, 1830.

The Senator from Massachusetts invoked a judgment up- endure through all time, with the mere temporary relinon his tongue if it should detract the smallest portion of squishment, for twenty-five or thirty years, and let the can inerit from Southern men; the aforesaid tongue being so did and intelligent declare which would have been most employed in the work of detraction, in the very time of wise, and have best secured the true and permanent intemaking the invocation. For it was in the same point of rest and safety of the Western country.” time, and in the delivery of the same speech, that enough Mr. B. resuming, said the fact was the reverse of what was abated from a Virginian's merit, and transferred to a the Senator from Maine bad supposed; that the Northern New Englander, to rank the latter above all the legisla- States had done what he had imputed to the South, and tors of antiquity; above Solon, Lycurgus, and Numa Pom- this the journals would show. pilius. It was in this same speech that the merit of pass Mr. B. then read, from the secret journals of the Coning the whole applauded ordinance of ’87 was taken from federation, the history of the transaction in question. all the men of the South, and transferred to the men of the North. It was in this same speech that Mr. Dane, of

THE JOURNALS, vol. 4, p. 120-123. Massachusetts, is reiterated as the author of the ordinance “That the Secretary of the United States for the dewhich was reported by Mr. Carrington, of Virginia, in partment of Foreign Affairs (Mr. Jay] be, and hereby is, '87, and chiefly copied from the one reported by Mr. instructed to propose, and, if possible, obtain, the followJefferson, three years before. It was in this same speech ing stipulations: That the citizens of the United States that the merit of securing the stipulations with the new shall not be interrupted in transporting the bona fide proStates in the Northwest, by compact, was taken from Mr. ductions of the United States upon the Mississippi river, Jefferson, and bestowed upon Mr. King, of New York. from thirty-one degrees north latitude to the city of New In fine, it was in this same speech (another part of it) Orleans, where they shall be allowed to land the same, that the merit of drawing the Declaration of Independence and permission shall be granted them to occupy storewas disparaged, and abated, by repeating what another houses and other necessary buildings for the reception federalist had said before, (Mr. Timothy Pickering,) and thereof. That the boats or other vessels, on board of what Mr. Jefferson had complained of in one of his last which the said productions shall have been transport: letters to Mr. Madison, that there was nothing new in ed, shall have free leave to return up the Mississippi, pro that paper; that its sentiments had been resolved over and vided that so far as they navigate below thirty-one degites over again, in public assemblies, before they were embo- north latitude, they shall not load any species of goods, died in the Declaration. Here is abatement, not of a hair, wares, or merchandise whatsoever, but by permission of but of mountains of merit; not an abatement only, but a the Spanish Government of Florida. That the American transfer of the abated merits to the North; not a transfer merchants or factors shall have free leave to reside at only, but a casting back of reproach and insult upon the New Orleans, for the purpose of receiving such American South, and all this persisted in, after the error of it had productions as may be brought down the Mississipp; and been fully detected and clearly exposed. In the midst of for exporting the same from thence in American or Spanthese things-- flagrante delicto--the judgment upon the ish bottoms, under the regulations of the respective countongue is invoked! Certainly it is a long time, something tries. That a duty not exceeding two and a half percent. like six thousand years, since any miraculous affection of ad valorem, shall be paid to the crown of Spain, upon al the tongue, either of man or beast, of fastening or loosen- American produce shipped from the same city of New ing, has been exhibited to the world. Certainly there was Orleans, in American bottoms, within six months after no need for any new or modern instance to illustrate the such exportation, for which good and sufficient bonds shall great impunity with which these sudden and miraculous be given, previous to the departure of any fessel on chastisements may be invoked by offending mortals; and, board of which such produce shall be laden. That Ametherefore, it was that no one felt any surprise at seeing rican vessels may freely navigate up the said river Missisthe gentleman's tongue still unfastened to the roof of his sippi, from the mouth to the said city of New Orleans, but mouth, and going on just as loosely after as before his shall not carry any species of goods, wares, or merchan. prayer.

dise whatever, contrary to the regulations of the crown of Mr. B. then turned to one of the Senators from Maine, Spain, under the pain of seizure and confiscation. That, [ Mr. SPRAGUE) and said there was something in his speech, if, in the course of this negotiation with the Encargada in the same debate, which he wished to set right; it relat- de negocios of his Catholic Majesty, it shall be found in dis ed to the navigation of the Mississippi

, and the imputed pensable for the conclusion of the same, that the United willingness of the Southern States to abandon it for ever to States and their citizens, for a limited time, should forbeats the Spaniards, and pay them an export duty for the privi- to use so much of the river Mississippi as is south of the lege of sending western produce from New Orleans to Southern boundary of the United States, the said Secreforeign countries, and the prevention of all this by the re-tary be, and he hereby is, authorized and directed, on ve sistance of the Northern States. [Here Mr. S. made half of the United States, to consent to an article or artisome disclaimer, and stated something else as being what cles, stipulating, on their part, and that of their citizens, he actually said.) Mr. B. rejoined, saying that he recol. a forbearance of the use the said river Mississippi, for lected what he now alleged, but it was not the point of his a period not exceeding twenty years, from the Southern reference; that he was attending to a different part of the boundary of the United States, to its mouth in the ocean." gentleman's speech, and would adopt it as printed. The

&c. &c. following is the part:

On the question to agree to this resolution, the vote was Mr. SPRAGUE'S SPEECH-Extract.

New Hampshire, Massachusetts, Rhode Island, Connecti

cut, New York, New Jersey, and Pennsylvania, in the air “But the delegation from that State, (Virginia,) in the mative; Maryland, Virginia, North Carolina, South Caro same year, 1786, themselves, proposed to enter into per- lina, and Georgia, in the negative. manent stipulations with Spain, by which we should re Upon this reading of the Journal, Mr. B. went on to linquish, for ever, all right of transporting any articles up remark, that the facts turned to out be precisely the contra the Mississippi from its mouth; and New Orleans should ry of what the gentleman had supposed, that the Nors be made an entrepot, at which our produce carried down ern States had done the identical thing which he had the river should be landed, and pay duties to the Spanish charged upon the South; but he did not impute to ha crown; and a consul of the United States there should be any intentional error; on the contrary, he saw the soune responsible for every violation of these engagements. of his mistake in a counter proposition, submitted by the Now, sir, compare these renunciations and sacrifices, to Southern delegation, differing from the one adopteu, un

JAY 21, 1830.)

Mr. Foot's ķesolution.

[SENATE.

the important particular of making it a sine qua non, and court was then in session at this place, and had the immethereby defeating the whole; on which the vote was as diate benefit of the argument. supposed by the Senator from Maine. In saying this The next thing that struck him was the regular party much, and in absolving the Senator from Maine from opposition to the voluntary removal of the Indians from intentional mistake in this particular, Mr. B. added that Georgia. This removal had been going on for many years, he was acting upon a sense of what was due to himself--and it was clear that, if they continued going, they would he was acting

as became him--with referer.ce to what soon all be gone, and there would soon be no chance for might be merited from him.

the “best legal advice,” to get a question between them Mr. B. said, he was now done with rectifying mistakes and the Georgians into the Supreme Court. If, on the in the speeches of others, but he had the same office to contrary, the Indians could be detained, there would be perform upon his own speech. He had, in the speech no difficulty for “legal advice" to take up a case, either which he delivered upon this resolution, in the early part under the laws and treaties existing, or under laws to of the debate, paid the homage of his poor respect to the be made for the purpose. This opposition, then, to the good intentions of the mover, (Mr. Foot.] He believed removal of the Indians, which has developed itself as a at that time that the intentions of the gentleman were in-party measure, refers its origin to Lexington and Boston, nocent and benevolent, but mistaken and injurious. Since and connects itself with a great catastrophe, to be prothat time, the gentleman had submitted a motion to pre- duced througlı the instrumentality of the Supreme Court. vent settlers from going on the public lands; and another Mr. B. said, this was the exact process which had been folto refer the graduation bill to the Commissioner of the lowed in breaking up the Grecian confederacy. A quar. General Land Office, when at its third reading, and on the rel was sought with a member of the confederacy, the point of passing. He had also voted against letting set- Locrians of Amphissa, and a trespass upon grounds dedi. tlers having the refuse lands at seventy-five cents per acre, cated to the heathen god Apollo was the pretext seized after moving to amend his own resolutions, by granting upon. The Council of Amphyctions was made the instruthem donations of laud; and he had seen him submit to ment; the “legal advice" of Eschines having carried the the virtual rejection of his resolution in the shape of inde- case before that tribunal, and obtained a decree against finite postponement, when moved by the Senator from the Locrians. The decree was resisted--that resistance Massachusetts, (Mr. WEBSTER] without any expression of was treason: and an army was raised to enforce the de. opposition, while he had betrayed successive sensibility at cree, and chastise the rebels. The battle of Cheronea grew his [ Mr. B.'s) attempts to reject it in plain terms. These out of all these measures, that battle of which the Oracle things, and some others, convinced him that he was mista- had foretold: “The Vanquished weeps; the Victor dies.” ken as to the gentleman's good intentions; and he now And so was the issue. The Thebans and Athenians, join. acknowledged his error in the face of the Senate, and re-ing the people of Amphissa, were vanquished with them, voked it.

and wept the downfall of liberty in Greece; the other ciBefore he resumed his scat, (Mr. B. proceeded to say] ties, with Philip of Macedon, executed the decree of the there was one point in the debate on which he would say Amplyctions, and died in the conquest. The Grecian something; it was the point which related to the Supreme contederacy expired; and so will it be with the American Court, and which asserted its authority to bind the States confederacy, if the plan signified from Lexington and Bos. by its decisions. He had observed some signs in the poli-ton can be carrieil out; if the Indians can be prevented from tical zodiac before that debate came on, and he had, in leaving Georgia, a case got into the Supreme Court, the consequence, kept a sharp look out for the corresponding decision pronounced which is anticipated, and an armed events. He had read something in certain newspapers, force sent to execute it. the editors of which, the real editors, were au fait in the Mr. SPRAGUE said, that, after this subject had slumbusiness to which it related. He spoke of the Lexington bered for two months upon the table, under a mass of (Kentucky) Reporter, and the Massachusetts (Boston) other matter, nothing could have been more unexpected Journal, and would read the article which had arrested than this, its sudden revival. The gentleman from Miś. his attention, and prepared him to witness some extraor-souri, (Mr. Benton) at this late hour, in almost the exdinary movement.

piring moments of the session, has undertaken to point

out certain supposed mistakes of mine, in relation to the From the Kentucky Reporter.

navigation of the Mississippi. I shall not, sir, protract “ Georgia Indiass.-An intimation has been given, this untimely discussion further than to re-affirm my forthat they (the Georgia Cherokees) ought to take the best mer statements. The errors upon this subject are on the legal advice, and carry their cause before the Supreme side of the gentleman, not mine. I said nothing that is Cout of the United States, where they would have jus- not fully sustained by the highest authority, by the speeches tice done them. A writer on this subject says, if they of Mr. Madison, Mr. Monroe, Mr. Lee, and Mr. Grayson, once obtain a decree in their favor, hands enough will be in the Virginia Convention, and the journals of the Contifound to carry it into execution. At least, says the edi- nental Congress. I then had the books in my hand, and tor of the Massachusetts Journal, we know of one pair read from them to the Senate. which is ready.”

I stated, sir, that the delegation from Virginia, (not the This said Mr. B.] looked like a preparatory note for a South generally, but the delegates from that State,) in the civil war with Georgia, and as such he endorsed it, and year 1786, proposed to enter into permanent stipulations put the paper into his portfolio, and waited the fulfilment with Spain, by which we should relinquish, for ever, all of the signs. The first thing that struck him, was the ar- right of transporting any articles up the Mississippi from gument in this chamber, on the part of the Senator from its mouth; and New Orleans should be made an entrepot, Massachusetts, (Nr. WEBSTER] on a motion made by him- at which our produce, carried down the river, should be self to postpone a land debate, to establish, in the Supreme landed, and pay duties to the Spanish crown; and a consul Court, an authority to bind the States of this Union by of the United States there should be responsible for every their decisions, and to subject them to the penalties of violation of these engagements! Now, sir, compare these high treason it they refused to obey them. This corre- renunciations and sacrifices, to endure through all time, sponded precisely with the scheme disclosed in the news with the mere temporary relinquishment for twenty-five paper, of getting a question between the Georgians and or thirty years, and let the candid and intelligent declare the Indians into the Supreme Court, and did what was ne- which would have been most wise, and have best secured cessary to sustain the validity of the decision, which the the true and perinanent interests and safety of the Westtwo newspapers anticipated with so much certainty.. The ern country.

SEXATE.)

The Tariff

(Mar 22, 1830. Notwithstanding the gentleman's assertion, that the re The gentleman has chosen this moment to introduce, verse of this was the fact, I maintain that such a proposi- for the first time, into this debate, the subject of the retion was made by the delegates from Virginia, in 1786, moval of the Indians, upon which he has dilated in most and it will be found in the fourth volume of the secret extraordinary terms. Having presented my views in relajournals of Congress, published in 1821, p. 105 and 106.* tion to it, at the proper time, I have no inclination now to

Lot it be remembered that my statement was, that such obtrude upon the Senate any further remarks; nor is there a proposition proceeded from the Virginia delegation; not, any necessity for doing so. The whole cause of the alaruin as the gentleman's remarks indicate, from the South gene- we have just heard, is the statement, by one newspaper rally.

editor, of what another newspaper editor has said; from But I proceed, in addition, to say: There was a time which the gentleman's prolific imagination has conjured up when the Southern States, and Virginia with the rest, were

“Gorgons, Hydras, and Chimeras dire." disposed to make an absolute and perfect surrender of all [Here the debate on Mr. FOOT'S resolution was finally right to the waters of the Mississippi, but the Northern brought to a close.] and Eastern States opposed it. It was at the period of their greatest distress, and for the purpose of obtaining

SATURDAY, MAY 22, 1830. succor from Spain. For this I produced the speeches of Mr. Madison and Mr. Monroe, and might have referred to

THE TARIFF. other distinguished names; but their authority is too strong The Senate took up for consideration the following bill: to be shaken, and too elevated to be reached by that gen Be it enacted, &c. That, in all cases where any merchant tleman. Indeed, he has not even adverted to their une of the United States shall bave given an order on a foquivocal and decisive testimony.t

reign manufacturer or merchant, or his agent or super

cargo, for foreign merchandise, previous to the first day The Virginia proposition was made August 29th, 1786, of May, one thousand eight hundred and twenty-eight, and is to be found extending from page 87 to page 108 and shall make it appear, to the satisfaction of the Secre. of the 4th volume of the secret journals. In pages 105 tary of the Treasury, that the said order was given in the and 106, in the following resolution:

regular course of his business, and that it was not in the Resolved, that the Chargé des Affaires of the United power of such merchant to countermard the said order States at the court of Spain be instructed to assure his subsequent to the passage of the act of the nineteenth Catholic Majesty of the high regard the United States en- day of May, one thousand eight hundred and twenty-eight, tertain for his friendship, and of their earnest desire to entitled · An act in alteration of the several acts imposing cultivate and preserve always the best understanding be- duties on imports;' and where it shall be further made to tween his Majesty and the said States; that, as an evidence appear, in like manner, that the said merchandise was imof this disposition, they are willing to settle their interfer- ported previous to the first day of September, one thouing claims respecting the Mississippi, and the boundaries, sand eight hundred and twenty-eight, the merchandise so upon the following principles: 1st. That New Orleans be imported shall be exempted from the operation of the act made an entrepot, for the reception of the bona fide pro- aforesaid, and be subject only to the duties to which it duce of the United States brought down the river Missis. was liable previous to the passage of that act sippi by the citizens of the said States; such produce to “Sec. 2. And be it further enacted, That the Secretary of be landed at said port for exportation. That the said citi- the Treasury be authorized and directed to carry this act zens be at liberty to return with their boats empty, or into effect, by refunding, out of any moneys in the treawith passengers only, up the Mississippi, to the places from sury not otherwise appropriated, the duties imposed by whence they came. 2d. That such produce aforesaid shall the act aforesaid; provided the said duties have not been pay there, or the merchants exporting it give bond for the returned by drawback on exportation.” payment, within sis months from the date, of a duty not Mr. DICKERSON opposed the passage of the bill. He exceeding per cent. ad valorem, at the time of export- was disposed to afford relief to merchants who actually ation, to the crown of Spain. That such produce afore- suffered from unforeseen legislation, but he was opposed said shall be exported thence, in Spanish, American, or to the passage of a bill, general in its nature, and embracFrench vessels: those in the bottoms of Spain, under the ing in its provisions a number and variety of cases which regulations of Spain; and those in the bottoms of America might affect the finances of the country' to a very great and France, under the regulations of the two countries, amount. by treaty or otherwise. That imports of every kind and Mr. SMITH, of Maryland, advocated the passage of the country to the said port, and up the said river, in Ameri- bill, and represented the distress and ruin which the trit can and French bottoms, be prohibited; and that all ves- law of 1828 had brought on the importers of dry goods, sels engaged in transportation of said exports shall come in consequence of the period at which it passed. Orders to such ports in ballast only. That the United States shall hall been issued for the fall goods, and arrangements made be authorized to appoint a consul, to reside at New Or- for their disposal, without anticipating the operation of leans, who shall be responsible for any violation of these the law of 1828. The consequence was immense luss, stipulations by the citizens of the United States." and overwhelming ruin to the importers.

+ Extract from Mr. Madison's speech in the Virginia Mr. DICKERSON replied. He said that it was well Convention:

known to importers, previous to sending out their order, “ It was soon perceived, after the commencement of that such a bill was before Congress, and that its passage the war with Britain, that, among the various objects that was expected. Speculation followed; and orders, to sa would affect the happiness of the people of America, the immense amount, were sent forth, and the country init navigation of the Mississippi was one. Throughout the whole history of foreign negotiation, great stress was laid were sensible that it might be dangerous to surrender this on its preservation. In the time of our greatest distresses, important right, particularly to the inhabitants of the and particularly when the Southern States were the scene Western country. But so it was, that the Southern Star of war, the Southern States cast their eyes around to be were for it, and the Eastern States opposed it." relieved from their misfortune. It was supposed that as And Mr. Monroe, after speaking of the constant efforts sistance might be obtained for the relinquishment of that of Virginia to preserve this navigation, says: navigation. It was thought that, for so substantial a consi • There was a time, it is true, when even this State, in deration, Spain might be induced to afford decisive succor. some measure, abandoned the object, by authorizing this It was opposed by the Northern and Eastern States. They cession to the court of Spain.”

Mar 22, 1830. ]

Baltimore and Ohio Railroad.

(SENATE.

dated with foreign goods, to the ruin of the importers, Louisiana, [Mr. Johnstox] that it is better to legislate on and injury of domestic industry.

general principles; and whether the bill would involve a Mr. SPRAGUE moved an amendment to the bill, which great or a small amount of the public treasure, he thought will extend its provisions to those merchants who gave it preferable to pass it, than to take up the several cases their orders to the captain or supercargo of a vessel, and embraced in its provisions, and legislate upon them in an not immediately directed to a foreign merchant or manu- isolated form. facturer; which was agreed to.

On motion by Mr. SANFORD, the word “supplies” Mr. WOODBURY had no objection either to the amend- was stricken out of the fifth line. mėnt proposed by the gentleman from Maine, (Mr. Mr. LIVINGSTON moved to amend the bill by adding SPRAGUE) or to the passage of the bill. He thought it a proviso excluding those who had been refunded the duwas only an act of sheer justice to the mercantile commu- ties by drawback on exportation; which was agreed to. nity. In reply to the observation of the gentleman from The question was then put on ordering the bill to be New Jersey, (Mr. DICKERSON) he said that it was impossi- engrossed, and read a third time; and it was rejectedble for the importer to have known that the bill of 1828 ayes 20, noes 22, as follows: would pass, previous to issuing their orders, because it YEAS--Messrs. Barton, Bell, Brown, Burnet, Cham. ought to be recollected that the passage of the tariff law bers, Dudley, Ellis, Foot, Frelinghuysen, Iredell, Johnston, of 1828 was not anticipated until a few days before it Holmes, Livingston, Sanford, Seymour, Silsbee, Smith, of actually took place, on the 19th of May; and orders for Maryland, Sprague, Webster, Woodbury--20. merchandise were usually issued in the months of Februa NAYS--Messrs. Barnard, Benton, Bibb, Chase, Dickry and March.

erson, Forsyth, Hayne, Grundy, Kane, King, Knight, Mr. HAYNE was opposed to the doctrine advanced by McKinley, Marks, Naudain, Robbins, Ruggles, Smith, of Mr. Dickerson, that we ought, on this subject, to legis- South Carolina, Troup, Tyler, White--22. late for isolated cases, and not for a whole class of cases.

BALTIMORE AND OHIO RAILROAD. He thought it always the most judicious mode of legisla. tion to be governed by general principles as long as they The bill authorizing a subscription to the stock of the would enable us to provide for general evils; and when Baltimore and Ohio Railroad Company, was taken up as general rules could not embrace isolated and meritorious untinished business. cases, it was then time enough to resort to individual le. Mr. GRUNDY said he would like to know the price gislation.

which the stock of that company would command in marMr. DICKERSON differed with the gentleman from ket; and, previous to his voting on the subject, he would South Carolina, (Mr. Hayne) that this bill provided for a make an inquiry to that effect of the Senators from Mageneral class of cases. He believed that it embraced a ryland. variety of cases, widely different in their character; and Mr. SMITH, of Maryland, said he did not know that he he was unwilling to open a door that would enable gam- could give the gentleman from Tennessee a satisfactory bling speculators to avail themselves of a law which ought answer to his query. The stock was now at par, but if to extend its provisions only to those whose cases were forced into the market, he did not, and could not, with carefully examined, and found to be worthy of the consi- any degree of certainty, say what it would sell for. The deration and relief of the Government.

company was certain of success. It was calculated that Mr. McKINLEY opposed the passage of the bill, be- the annual proceeds would amount to eighty thousand dol. cause it was impossible to anticipate the extent to which it lars; but, from the most moderate and reasonable calcuwould expose the treasury of the United States. He said lation, it would produce an annual income of forty thouil might turn out to be the largest appropriation bill which sand dollars, which must be divided among the stockhas been passed during the present session; and he was holders. unwilling to open a door that would dispose of revenue An amendment having been proposed by Mr. LIVINGwhich had been fairly and legally collected, until it was STON, which required that the funds to meet the subascertained to what extent it would involve the finances scription on the part of the United States should be drawn of the country. He moved that it be laid on the table; from the sales of other stocks invested in works of similar which motion was negatived, as follows: yeas 16, nays 26. character, Mr. L. urged the propriety and necessity of

Mr. SMITH, of Maryland, in reply to the remarks of such a course, in a speech of great force and eloquence.. Mr. DICKERS0x, said, that, instead of the anticipation of He said that the numerous and heavy calls on the Governthe tariff of 1828 operating on the merchants, and pro- ment for aid in works of internal improvement, in differducing a species of gambling speculation,” which inun- ent sections of the country, admonished him that nothing dated the country with goods, as had just been represent. could save the system of internal improvement from de. ed, a reference to the importations of that year would struction, but the adoption of some such measure as that show that the arguments and assertions of the gentleman which he had proposed. When the applications, now befrom New Jersey were totally unfounded in fact. The fore Congress, for aid in the execution of works of interimports of that year sank several millions under what nal improvement, were contemplated, and the amount of they were in previous years, and this bill would only ex- money which they would require enumerated, and viewed tend justice to the honest merchant engaged in lawful in connexion with the numerous claimants who are now commerce.

calling upon the country for debts which were justly due Mr. DICKERSON thanked the Senator from Maryland them, he saw no alternative left but the adoption of this for putting him right; but he was not so far wrong as he measure. The treasury of the Union would otherwise imagined. In the article of iron, the importation of 1828 prove utterly inadequate to meet the calls of the different was ten thousand tons greater than it ever had been in companies engaged in works of internal improvement, any previous year; and the reduction in the importation most of which had equal claiins on the aid of the Governon woollen goods was to be attributed to the great wool- ment to carry their design into effect. Unless this syslens bill that was agitated in 1827, and which urged the tem was adopted, and the funds of the General Governimporters to issue larger orders than usual. This was ment transferred from the one to the other, as soon as the the reason why the imports of 1828 fell below those works in which they were invested shall have been com. of 1827.

pleted and in full operation, the best friends of internal Mr. JOHNSTON, of Louisiana, argued in favor of improvements would be forced to abandon them, and the the bill.

whole system would fall into disrepute. He was one Mr. HAYNE said he agreed with the gentleman from of the most devoted friends of the system, and it was

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