The gentleman, sir, finds analogy where I see none. He likens it to the case of a treaty, in which, there being no common superior, each party must interpret for itself, under its own obligation of good faith. But this is a Constitution of Government, with powers to execute itself, and fulfil its duties. I admit, sir, that this Government is a Government of checks and balances; that is, the House of Representatives is a check on the Senate, and the Senate is a check on the House, and the President a check on both. But I cannot comprehend him, or, if I do, I totally differ from him, when he applies the notion of checks and balances to the interference of different Governments. He argues, that if we transgress, each State, as a State, has a right to check us. Does he admit the converse of the proposition, that we have a right to check the States? The gentleman's doctrines would give us a strange jumble of authorities and powers, instead of Governments of separate and defined powers. It is the part of wisdom, I think, to avoid this; and to keep the General Government, and the State Governments, each in its proper sphere, avoiding, as carefully as possible, every kind of interference. Finally, sir, the honorable gentleman says, that the States will only interfere, by their power, to preserve the Constitution. They will not destroy it, they will not impair it-they will only save, they will only preserve, they will only strengthen it! This is but the old story. All regulated Governments, all free Governments, have been broken up by similar disinterested and well disposed interference! It is the common pretence. After this discussion concerning the relative powers of the Federal and State Governments, the debate continued for several weeks, and the speakers wandered from the subject of the public lands to discuss almost every topic of general interest connected with the politics of the day. was ex The right of the President to remove without cause amined, and the proscriptive system of the present administration was severely censured, and as earnestly defended. Many of the speeches were distinguished for eloquence, ingenuity and power, but it would be inconsistent with the plan of this work to pursue the analysis of the debate. The original cause of Mr Foot's resolution still subsisted in the bill for the graduation of the prices of public lands, which had been brought forward early in the session by Mr Benton and was still urged upon the Senate. This bill provided, that after the 30th of June, 1830, all lands which had been subject to private entry since 1827, might be entered at $1 per acre; that heads of families, single men over 21, and widows might each enter quarter of a section, remaining unsold on payment of seventyfive cents per acre and on forthwith settling and cultivating the one same for five years. Preemption rights of section were to be granted to settlers at seventyfive cents per acre. Provision was also made for the closing of land officers in districts where the land was sold, and for fixing the fees of the land officers. According to the bill, as originally proposed, all land remaining unsold on the 30th of June, 1835, was to be transferred to the States within which it was situated, for the purposes of promoting education and internal improvement; but upon motion of Mr Hayne, this provision was stricken out, as was one (upon motion of Mr Woodbury) authorizing donations of 80 acres each, to persons in indigent circumstances. The bill was brought up for final decision on the 5th of May. Mr Clayton, moved to postpone the bill indefinitely, not because he was opposed to an equitable graduation or reduction of the price of the public lands (according to the real value) that had remained in the market at the minimum price for a length of time and unsold, but because he objected to the principle as established by this bill, of equalizing the value of the seventy millions of acres of the public lands upon which it is intended to operate. This motion was negatived yeas 20, nays 25 Mr Bell then moved to lay the bill on the table until the next day, in order that it might be printed as amended, which was negatived by yeas and nays, 22 to 23. The bill was then ordered to be engrossed for a third reading, yeas 24, nays 22, and was finally passed by the Senate on the 7th of May by the same vote. it It was taken up in the House on the 29th of May, two days befre the close of the session, and being deemed too late to discuss a bill involving the policy of the existing land laws of the United States, a motion was made by a western member to lay the bill on the table, which was carried, 82 affirmative and 68 negative. Although the ostensible cause of this great debate in the Senate was thus disposed of, the real question at issue concerning the relative powers of the Federal and State Governments was still agitated, and in South Carolina the nullifying party made strenuous efforts to obtain possession of the State Government, with the avowed intention of carrying their principles into practice. A State convention was demanded; but the proceedings in relation of that subject properly fall within the history of the next year. CHAPTER V. Opening of the First Session of Twentyfirst Congress.- President's Message. -Retrenchment.-Amendments to Constitution. United States Bank. - Tariff.- Bill to enforce; Policy; Discussion of and passage. - Bills to reduce Duty on Salt; on Molasses; on Tea and Coffee. - Tonnage Duties. Cash Duties.-Mr Benton's Scheme.- Mr Cambreleng's Navigation Bill. - Discussion concerning Prosperity of Country. It gave a succinct account of the foreign relations of the United States and stated emphatically that in the execution of that branch of his duties, it was the settled purpose of the President to ask nothing that was not clearly right and to submit to nothing that was wrong.' The controversies with England, growing out of the disputed boundary and the colonial trade, were stated to be in a train of adjustment, and a strong hope was expressed that the efforts to arrange the terms of intercourse with the British Islands would prove successful. The claims with France were said to have been made the subject of the special attention of our minister, who was instructed to urge their settlement upon the French Government as a matter which must continue to furnish the subject of unpleasant discussion and possible collision between the two Governments. The ministers at Denmark and Spain were urging the claims of American citizens upon those Governments upon their attention; and their claims upon the South American Governments were stated to have been satisfactorily adjusted. A treaty had been made with Austria, and one with Turkey, it was intimated, might be expected. The relations with Portugal were said to have been renewed upon the principle of acknowledging the Sovereign de facto, and our relations with the new American powers were declared to be on a satisfactory footing, with the exception of Mexico, where an unfounded and extraordinary jealousy prevails. Among the most urgent of his duties, the President considered that of recommending an alteration of the Constitution, so as to make the election of the Chief Magistrate immediate by the people, and to limit him to one term of service. He also recommended the exclusion of Members of Congress from all offices except judicial, diplomatic or connected immediately with the Cabinet, and a general extension of the law limiting appointments to four years. Some general observations were made respecting the tariff, and a modification of its details was recommended with the view of rendering it more acceptable to the different sections of the Union. The condition of the treasury was declared to be flourishing. The balance in the treasury, Jan. 1st, 1829, was $5,972,435. The receipts of the year were estima ted at $24,602,230. The expenses at $26,164,595; leaving a balance on the 1st January, 1830, of $4,410,070. During the year $12,405,005 had been paid on account of the public debt, reducing it on the 1st of January, 1830, to $48,565,406, including $7,000,000 subscribed to the stock of the United States Bank. From this aspect of the public finances, he inferred, that the speedy discharge of the nationaldebt would soon bring a large surplus into the treasury, which, however beneficial it might be to apply to the internal improvement of the country, could not be so applied, in the opinions of many, without a violation of the Constitution, and in the opinions of all, at the expense of harmony in the Legislative Councils. To avoid those evils, he recommended an apportionment of the surplus revenue among the several States, according to their ratio of representation. The President also recommended the creation of a department, at whose head the Attorney General was to be placed, to enforce the collection of debts due to the United States. The military academy was also highly recommended to the fostering care of Congress, and a modification of the pension law, so as to impart relief to every revolutionary soldier unable to maintain himself. The attention of Congress was directed to the condition of the Indian tribes, and a system of policy recommended, which will be found fully detailed in chapter third. A suggestion was made as to the propriety of modifying the judicial system of the United States, by dividing the Circuit Judges into two classes, and providing that the Supreme Court should be held by these classes alternately; the Chief Justice always presiding. A new department was also recommended, to be called the home department; and a strong opinion was expressed against the propriety of renewing the charter of the United States Bank upon its expiration in 1836, on the score that the law creating it was deemed unconstitutional and inexpedient ; and that it had failed in establishing a uniform and sound currency. As a substitute to that institution, the President recommended the establishment of a National Bank, founded upon the credit and resources of the Government. Other topics of less importance were also introduced in the message, which will be found among the Public Documents in the second part of this volume. So much had been said by the supporters of the President during the late canvass, on the subject of retrenchment and reform, and the augmented expenditure of the Government had been so directly imputed to the extravagance of those administering it, that a general expectation prevailed that one of the first acts of the triumphant party would be to curtail the public expenses by abolishing offices which might be deemed useless, and by diminishing the salaries of those which could not be dispensed with. The two parties had join ed issue upon these points during the contest; one insisting that the increased expenses of the Federal Government furnished conclusive proof of the extravagance of the administration; and the other contending that they grew out of the increasing growth and prosperity of the nation and the extended relations of the Government. in The people had decided in favor of the former, and it now devolved upon them to put in practice their maxims of reform. In the message to Congress the President invited that body quire into the condition of the Government, with the view to a general retrenchment of its expenses; and also recommended a vigorous prosecution of the outstanding claims of the Government, the recovery of most of which was deemed desperate. Congress was looked to as a body, therefore, that would undoubtedly act upon this recommendation of the Executive, and the session opened with an expectation of the speedy realization of those promises of reform which had been so liberally made when out of power by the party now in possession of the Government. Of the select committees appointed in the House, was one on this subject, composed of Messrs Wickliffe, Coulter, Davis, of Massachusetts, Lamar, Coke, Huntington and Dewitt. The recommendation in the message was of course referred to that committee, as upon motion of Mr Chilton were also the bills reported by the committee on retrenchment at the last on |