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SENATE.]

Marine Service.

[MARCH 1, 1830.

marines cannot, or, at least, have not, heretofore, assimi- not, as I understand, subject to the orders of the comlated, either in feeling or habit..

mandant of the station, and details for duty are therefore made by request, not by command of this officer. Two separate and independent commands, then, exist at the same place, with no common superior. This is inconsistent with my ideas of military subordination and regulation. But why may not seamen, whose age or infirmities, from long and faithful service, have rendered them unqualified for active duty on ship-board, serve as guards at these naval depots, instead of marines? They have been accustomed to strict discipline, and it is conceived would be equally vigilant in the discharge of any duty imposed on them; their tried fidelity at sea would furnish a guarantee for their faithful conduct on shore. I wish to know from naval officers if they can be trusted with this duty? If they can, sir, it will furnish an asylum for these hardy veterans of the ocean, much better suited to their tastes and wishes than any naval asylum. They will be rendering service to the Government for their support, and will find a resting place in their more advanced years, after the dangers and vicissitudes of an active sea life.

As the materials are then so discordant, can the service of the marines be dispensed with without injury to the service? Cannot seamen be trained to the use of small arms? I see no difficulty. Instead of marines, take the like number of young landsmen from the country, any where, and they can load and fire with as much effect as the best drilled marine. The Americans, generally, are accustomed from infancy to the use of fire arms; very little training will therefore be required to make them expert gun-men. Besides, sir, I am informed that, by the present structure of our vessels of war, marines can render but little service on deck, and that musketry is used with most effect from the tops. If this is the case, is it not better to have seamen than marines? They will be ready to throw down the musket and spring to the yards and rigging at any moment, when required by the exigencies of the ship. This may sometimes be of great importance. Nor do I conceive the objection urged by the Senator from Maryland as sufficient, that seamen will not keep their arms in order. It is well known that, besides muskets, there are It is known that there are now at the seat of Governpistols, pikes, cutlasses, and other arms, on board of every ment many distinguished and experienced officers of the armed ship: how are these kept in order? Not by marines.navy. I have availed myself of the circumstance to make Muskets can be kept in good condition the same way, by the call at this time. The information, when received, the armorer, or whatever name is given to the person in will be valuable; no possible injury can grow out of ohcharge of the arms. The objection raised, too, that the taining it; we shall be possessed of light which we do not pay of sailors is greater than marines, loses part of its now possess, to guide us in any measures that may be weight, when it is recollected that the marines are not deemed necessary, with respect to the marine corps. only paid, but clothed by the Government, while the trust, therefore, the Senate will adopt the resolution. sailor purchases his own clothing from his pay. Mr. B. concluded by saying he wished it to be underThere is another consideration which I think ought to stood that he had no unkind or unfriendly feeling to the have influence in determining upon this subject, and corps in making this inquiry; very far from it. He was therefore it is that I am desirous of the information. It actuated by different motives. I have the pleasure, said cannot be unknown to the Senate, that there is often a he, to be acquainted with several of its officers, who have scarcity of seamen, and difficulty is experienced in prompt- heretofore signalized themselves in the service of their ly manning our vessels of war for sea: any measure calcu- country, and will do so again, whenever their country lated to remove or lessen this inconvenience, without in- needs their services. But if they are necessary to the jury to the service, ought therefore to receive the favor-navy, let them be subject to naval control, whether at sea able regard of this body. One of our larger vessels of or on shore.

I

war, destined for a three years' cruise in the Mediterranean, Mr. JOHNSTON suggested that the resolution was unPacific, or elsewhere, will carry with her about a hundred necessary, as the Committee on Naval Affairs had the marines; they will continue to serve as marines; and as same power to call on the Secretary of the Navy for this marines, and nothing but marines, they will return to this information, through their chairman, that the Senate had. country. Let, however, the same number of landsmen be If every committee were to pursue this course, and come sent instead of marines; let them be taught and exercised to the Senate with resolutions to obtain information which in the use of the musket, if necessary; but let them at the could be as well obtained without any reference to the same time perform all the ordinary duties of sailors, and Senate, it would be constantly engaged in long debates, at the end of a three years' voyage they will return, not and the necessary business of the Senate would be obmere musket-men, but expert and able seamen: you will structed; and a discussion is got up, which shows that thus obtain an annual increase of seamen for your naval gentlemen possess the very information required. The service, and that of the very best materials too-a matter gentleman from Pennsylvania [Mr. BARNARD] had conof some consequence, I conceive, not only to the interests vinced the Senate that he is already in possession of all of the navy, but of the country. I have been led to these the information required in his resolution. observations, sir, because of the opposition to the inquiry After a few observations from Messrs. WOODBURY, proposed by me, and in justification of my views; whether and SMITH, of Maryland, wrong or right, I must leave for others to judge.

Mr. BARNARD observed that, when he offered this While I am up, I will say a few words with regard to resolution, he did not apprehend that any circumstances the last branch of the inquiry: whether seamen cannot be would arise which could possibly lead to a discussion; employed in lieu of marines at our naval stations. The and, therefore, the remarks of the gentleman from Louisimarine corps, as at present established, is both a naval ana were not applicable to him. Farther, as the Presiand military body. When at sea, it is subject to the regu- dent of the United States had recommended the reorgani lations made for the navy; when on land, it is subject to zation of the marine corps, it being of a mixed character, the rules and articles of war for the government of the we may naturally presume that all the facts on which this army; so that its character depends on whether it performs paragraph was predicated were in his possession, and may duty on land or water. Now, sir, when on shore, at a now be obtained from the Secretary of the Navy. naval depot, it is governed by army discipline; when on Mr. HAYNE suggested that, as the subject had relaship-board, by naval discipline. We know that our navy tion to two Committees-those on military and naval affairs, yards are entrusted to the charge of a naval officer of rank, he thought it proper that the gentleman would designate generally, I believe, if not always, a post captain; marines the one to which he would refer the answer, when reare detailed to perform garrison duty, in guarding and ceived. If left between two committees, it might fall protecting the public works and property. But, sir, in through.

consequence of marines being soldiers on land, they are Mr. BARNARD said he had no hesitation in naming

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the committee to which he would refer the answer to his resolution. He was willing to refer it to the Committee on Naval Affairs.

The resolution was then agreed to.

TUESDAY, MARCH 2, 1830.

MR. FOOT'S RESOLUTION.

The Senate resumed the consideration of Mr. FOOT'S resolution.

[SENATE.

could they have understood this, they would have considered their latter end, and turned from wrath to come. But, sir, if there were any among them, who knew and believed they were entailing slavery on their fellow men, I do not stand here to palliate their offence-let justice fall on them. I will not protect nor shield them from the condemnation of the good and virtuous--they will need more powerful aid than mine, to absolve them from the iniquity of such transgressions--"there is a worm that never dies." I would that all such should turn to Him Mr. KNIGHT said it was not his intention to make a who alone is able to pardon and to save. speech, but merely to reply to a remark made by the Senator But, sir, Rhode Island is not the only sister of our from South Carolina, and also by the Senator from Ten- Union that has been seduced from the path of rectitude nessee who last addressed the Senate, on the subject and of virtue, and then had to endure the taunts and jeers now pending. It is not my purpose [said Mr. K.] to say of her seducer. Others have experienced similar fate, any thing of the resolution under consideration, but to and (like the daughters of Jephthah) have wailed on the endeavor to sustain my State, and to save her from mountains, pitied by the humane and charitable, but being sacrificed here by the gentlemen, the one on my scorned and condemned by those who betrayed, seduced, right, and the other on my left. I had hoped, sir, that, and participated in their crimes. Such, sir, is the situain this unprofitable business of bringing other's sins be- tion of Rhode Island. And now she is accused here of fore the world, the little State from whence I come entailing perpetual bondage on the poor untutored and would have been overlooked, or rather not seen on the unlearned African. That she has done it as a State, I map of this controversy, and would have remained un-deny. She absolved the bonds of master and slave with scathed and untouched to pursue the noiseless tenor of her her independence. She acted out what she professed. way in the arts of peace, industry, and mechanism. But in Whoever breathes in her atmosphere, breathes the air of this I have been disappointed-" men's virtues we write in liberty. It was there civil and religious freedom was first water, but their vices are engraven on brass." How-given and secured to man, and there it has been mainever unnecessary or uncalled for, such is the fact, that tained and enjoyed to the letter, full, free, and complete, the aberrations of some of the citizens of my State are to the present day. To her sons she can give but little held up here, and emblazoned to the world, not for the patrimonial estate, for she has it not-but she gives them purpose of admonishing others of the fatal rock on which freedom; they are found in every clime, and in every sea; they had been wrecked, but it seemed to me with exul- whether on the lakes or on the ocean--wherever their tation, and as much as to say, stand off, avaunt, for I am country and their duty call, they obey; there you will holier than thou. To me, sir, it seemed unkind, and the find them. more so from the quarter it came. I had thought that Sir, whatever may have been our mutual transgressions, friendly intercourse and common feeling, as well as other I will henceforth cast them into oblivion; and whether considerations, would have forbid the remark of the gen- slavery is wise, necessary, and just, in South Carolina, is tleman from South Carolina. Had he considered that it not my province to inquire--it is her business alone, not was by the aid of one of the sons of Rhode Island he is mine; she has full power over the subject, and to her I entitled to a seat on this floor, I am sure it would have leave it. I do not arraign her before the Christian world; been spared. There was a time when South Carolina was she will manage her own concerns in her own way. prostrated by internal enemies and a foreign foe: her My friends, my countrymen, are domiciled in South Carosituation was seen and felt thoughout this land. This son lina; they are received with kindness and hospitality; of Rhode Island [General Green] went forth--he stretched our commercial intercourse is extensive; we are great forth his sinewy arm-he met the foe--they fought--he consumers of her productions; we manufacture her raw conquered, and Carolina thenceforth was free. On that material and send it to a market. We esteem, her citioccasion she was just to her benefactor. She amply paid zens for their chivalry, hospitality, and intelligence, and him with her generous love. I had hoped that the kind we are disposed, through good report and evil report, in feelings of those days were still cherished in the bosoms weal or woe, to extend to them the hand of fellowship and of her sons; that they would not upbraid the place of his of brotherly kindness, and hope it may be brightened and nativity, his friends, his connexions, nor aid to tarnish cherished for the benefit of all, now and forever. their fair fame. If they could not cast the mantle of charrity over them, they would leave their vices and their virtues to repose in the bosom of their Father and their God. Let us look at the accusation. Sir, it was stated that at a certain time, South Carolina opened her ports, and invited all the world to a city of refuge; that a number of ships, purporting to be from Rhode Island, entered the port of Charleston with aliens on board; they were discharged, and the freighters received their passage money, as they had a legal right to do by the laws of South Carolina. It was also legalized by the nations of Europe, and sanction. Sir, why the gentleman, with his gigantic power, should ed by custom. Now, sir, can it be believed that these un- have thrown himself over the Alleghanies, and thrust his learned mariners intended injury in taking these persons war knife into the heart of the smallest, weakest sister of from a state of barbarism to a land of liberty and of law? this Union, is to me inexplicable. It could not be to disTo a land where all are born equal, where all have ina-play his power and bravery in combat, or in unprofitable lienable rights, such as liberty, property, and the pursuit war: for the brave are always generous, and would not of happiness, proclaimed by the sages and patriots of '76? attack the weak and unoffending; to vanquish so inferior They had seen it in the newspapers, read it in their an opponent would entwine no laurels around his brow. spelling books, and believed it true. I say, sir, were it Was it to display his gallantry? Surely it could not be possible for such persons, under such circumstances to have for this: for, to push his weapon into the bosom of the imagined that, by their act they were perpetuating misery innocent, the unsuspecting, and the unprotected, would and bondage on the human family for ever? I say, sir, be no confirmation of his well earned fame. Rhode

To the gentleman from Tennessee, I will say as was said! of a Roman Governor, near two thousand years ago, Felix by name: "Had he obtained more exact knowledge of us, he would not have made this accusation, and would not thus have condemned us without a hearing." Although he passed sentence on us, and handed us over, (not to Festus nor Agrippa) but to the people of this nation, to be punished, yet I will speak to him the words of truth and soberness-nothing in malice, but all with temperance, justice, and forbearance.

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Island had taken no lot nor part in the debate; she had accused no man nor combination of men, nor had given cause of offence; why should she be accused? Why this attack upon her?

[MARCH 3, 4, 1830.

WEDNESDAY, MARCH 3, 1830.

sideration of Executive business.
The Senate was principally occupied this day in the con-

THURSDAY, MARCH 4, 1830.

MR. FOOT'S RESOLUTION.

ject which he commenced on Tuesday. They were as Mr. CLAYTON concluded the observations on this subfollow:

Sir, my object only is to repel the imputations cast on that State, which has so long and so often honored me with its confidence, and on the yeomanry of that State, whose immediate Representative I am: for their occupa tion is my occupation; we are tillers of the ground from our youth up; with them I meet upon the level; republicans in fact and in deed; not only in profession, but practice; no landlord and tenant, no master nor slave, topics not strictly relevant to the subject of the resolution If I need an apology [Mr. C. remarked] for discussing but all of us independent freemen and freeholders, cul- before us, I shall find it in the example of honorable tivating our own soil with our own hands. We care but gentlemen, who, in going before me, have availed themlittle who administers this Government, if it is done with selves, by general consent, of an opportunity to debate, on wisdom, discretion, and on the principles of the constitu- this motion, the full merits of other questions of momention. We preferred Mr. Adams, but we do not oppose tous interest to our country. While the argument was of General Jackson; we are his friends, but not his parti- a sectional character, and chiefly calculated to excite persans; we will give him our support when he is right, but sonal and local feeling, I desired no participation in it. will not when wrong; and if deserved, will hail him with But, although generally averse to any deviation from the the plaudit of "well done, thou good and faithful ser-ordinary rules of parliamentary proceeding, and unwilling vant," as readily and as willingly as any others. It does to originate any new subject of controversy even in the not follow that, if we are friendly to one, we must there-boundless latitude given to this discussion, I cannot be fore oppose another without reason. men in common with all others of my State that I mean upon us, (no matter how inapplicable or inappropriate These, sir, are the silent while principles are boldly advanced and pressed to defend from all unjust imputations; and these are the they may appear) which, in my judgment, are subversive persons accused here of severing husband and wife, mo- of the interests of this nation, or hostile to the spirit of ther and child, and rending asunder all the ties that bind the Federal constitution. man to man. Perhaps the gentleman did not intend his accusation as censure, but as praise: for he asserted that ticut has nothing imperative in its character. It lays down The resolution of the honorable Senator from Connec slavery was justified by the principles of Christianity. If so, I have misapprehended the allegation: for I hold whatever is commanded and supported by Christianity is for the happiness and well being of man here and hereafter. If the forcible separation of husband and wife, mother and child, and keeping them in ignorance and bondage, is justified by the divine law, then I confess my error; but until he shows this, I shall cherish my own opinion, and call it slavery still.

tion; but simply asks an inquiry into the expediency of no new principle, and proposes no new course of legisla either hastening the sales of the public domain, or of tee to whom the inquiry is proposed to be entrusted is stopping the surveys for a limited period. The commitcomposed of five members, all of whom are Representatives of States within whose limits are contained large portions of the public lands. Seeing in this fact a sufficient reSir, the gentleman exclaimed, "go to the East, go to cessary alarm in the West; entertaining the same confifutation of the objection that this inquiry may create unneRhode Island: she can tell you how slaves came here." dence in the honorable members of that committee which Sir, if slaves are found in the West, I know not how they others have professed; believing that the subject propos came there, nor does Rhode Island know; they must have led to be referred to them is important to the country, and been carried there by force, and held by force, otherwise that, by the adoption of the resolution, we may be furnishthey would not be slaves. The native Indian roamed the wil-ed with an interesting document in their report, my own derness as he pleased; he was as free as the mountain air he breathed; he acknowledged no master; he had no master. If slavery exists there, it was not found there.

Sir, when we are told to go to a State for information, we understand it to mean the State in its sovereign capacity; or at least a majority of that State.

[Mr. GRUNDY desired to explain. Sir, [said Mr. G.] I did not say that Rhode Island had done it; but that certain individuals of that State, tempted by their cupidity, had brought slaves here. The moral sense of that community is against it.]

vote will be given against the motion for indefinite postponement. I agree with my honorable friend from Mastigate the whole subject without any express instructions. sachusetts, [Mr. WEBSTER] that the committee may inves By the rules of the Senate, they already have full jurishas been elicited by the mere proposition to instruct them diction over the matter. But, after all the discussion which to inquire, it is not probable that the committee will do so without some further intimation from the Senate that a report on this subject would be acceptable. I cannot Sir, [said Mr. K.] had I so understood the gentleman [Mr. WOODBURY] that the motion to postpone is calculatagree with the honorable Senator from New Hampshire, before, I should not have made the remarks I now have; ed or intended to prevent a distinct expression of opinion and will not now say what I intended to have done; and on the subject; on the contrary, the postponement of the only add, that if the gentleman knows any individuals in resolution, after discussion, would announce to the com Rhode Island who have aided him in making slaves in the mittee our indisposition to have the inquiry made during West, he may arraign them, try them, and, if found guilty, the present session. The Senator from Connecticut, [Mr. punish three of the ringleaders under the "second sec-FOOT] who desires this information, and whose deportment tion," so much alluded to here and elsewhere; not for- here is distinguished for courtesy to others, may be ingetting those who tempted, those who held forth the dulged, without any apprehension of exciting unneces provoking gold, not in a bag, but in the open palm, and set them on. But, sir, it is hoped the gentleman will extend his mercy so far as to let them have the benefit of the statute of limitation.

I repeat, it was the State I intended to defend; and if the gentlemen does not accuse, I have no defence to make. Mr. CLAYTON then rose, and addressed the Senate until after three o'clock.

sary alarm in the West, while our refusal to adopt any measure to throw light on the subject may, possibly, create suspicion in other parts of our country, that we are that our profligacy may be exposed by this investigation. wasting this portion of the nation's treasure, and are afraid

Messrs. Barton, of Missouri, chairman, Livingston, of Louisiana Kane, of Illinois, Ellis, of Mississippi, and MeKinley, of Alabama.

MARCH 4, 1830.]

Mr. Foot's Resolution.

[SENATE.

I proceed, now, sir, to a brief examination of what I that if a great landed proprietor sells me a tract in the conceive to have been the origin of this protracted and dis- midst of his possessions at fifty dollars per acre, and then, cursive debate. We have a bill on our files, entitled a from pecuniary embarrassment or from any other cause, bill to graduate the prices of the public lands, to make exposes the residue to sale, by which he realizes only five provision for actual settlers, and to cede the refuse, upon dollars per acre for lands of equal fertility and advantages, equitable terms, and for meritorious objects, to the States my land, as an effect of this, is reduced to his last selling in which they lie;" the same, sir, which has been alluded price. When he puts a million of acres around mine into to by the Senator from Missouri, [Mr. BENTON] under the market at a nominal sum, he equally diminishes the selling designation of "my graduation bill." When the gentle- value of mine by the act, whether his motive for doing so man from South Carolina [Mr. HAYNE] first addressed the be to augment population, and improve the country, or Senate on the resolution before us, I understood him to wantonly to effect my ruin. And should this bill become have pressed it as a measure of expediency, that the pub-a law, the former purchasers who have paid full value lic lands should be sold to the States within whose limits would, in consequence of the depreciation of their properthey are situated, for a nominal consideration. The gen- ty occasioned by the enactment, have a better equitable tleman afterwards corrected this impression, when his col-right to remuneration for losses by the Government, than league (Mr. SMITH of S. C.] declared that he also so un- many claimants whose demands are annually liquidated derstood him. Sir, the gentleman has the right to claim here without our hearing a note of remonstrance against of us all that his statements should be properly represent them. This bill has been pending here for the last four ed. I afterwards understood him to say that his proposi-years; and the disposition evinced to entertain it as a subtion was not to cede away these lands for a nominal conside-ject for future decision has cherished expectations which ration, but to sell them on such liberal terms that revenue are sedulously encouraged by rumors in the West, that its shall not be even a secondary object in the sale. He urged, provisions will eventually be adopted. If my information with his usual ability, the impolicy of even considering be correct, and Western gentlemen near me can bear witthem as a source of revenue. Sir, if I now comprehend ness that it is so, anticipations have been too generally inall this doctrine, it has for its object to make impressions dulged that these lands will, before long, be offered for which shall secure a favorable vote on this same gradua- nothing. This must tend to impede our sales, and perhaps tion bill; and if so, I dissent from the doctrine tolo calo. to some extent to suspend the settlement of our Western Whether this were or were not the great object of frontier-a result I suppose to be deprecated by none more the debate, with the gentleman from South Carolina, it deeply than by the gentleman from Missouri, [Mr. BENwas plainly avowed to have been a motive for it by the Se- TON] himself. In the mean time, without the final action nator from Missouri, [Mr. BENTON] in the view which he of Congress on the subject, the illusion is every year intook of the subject. The bill referred to proposes to limit creasing; and, to add to the evil, we have now a new docthe prices of these lands at once, to one dollar per acre, trine, which has been already adverted to in this debateand then gradually to reduce those prices at the rate of that these lands of right belong to the new States within twenty-five per cent. per annum, until the lands shall be which they are situated. The gentleman from Missouri, offered, after the expiration of the third year, at twenty-in reference to the charge of hostility to the West, to prove five cents per acre. or disprove which I would not myself now offer a single It farther proposes to sell lands to actual settlers, whe-remark, has chosen to inform us that he has never obtainther trespassers or not, at gradually reduced prices, until, ed here more than a single vote for his graduation bill from after the expiration of the third year, they are to receive the Representatives of all the States northeast of the Potothem at five cents per acre. If that miserable pittance be mac-and he adds, that vote was given in 1828, by a fornot then paid, it proposes to cede eighty acres to every mer Senator from the State which I have the honor in part such settler, "without the payment of any consideration, to represent. For this good deed, the gentleman from and as a donation;" and finally, by the terms of it all the Missouri proceeded to pronounce a panegyric on that Selands which shall remain not disposed of by these means, at nator, which was merited on stronger grounds. Though the end of five years, are to be given to the States in which readily according in the justice which imputes the most they lie, upon these conditions merely--that they shall ap- correct motives to that gentleman, who is my neighbor, ply them to the promotion of education and Internal Im- and with whom I live on terms of friendly intercourse, exprovement at home, and refund to the Government the ercising as he doubtless did his conscientious judgment expenses of the surveys of the lands so ceded, at the rate on the case, yet, with my views, thus briefly explained, I of two hundred and sixteen dollars for each township of am constrained to say that I cannot vote for this bill. Actwenty-three thousand acres. In consequence of the enact- cording to my mode of considering it, it is a proposition to ment of such a law, probably very little would be bought give away the birthright of our people for a nominal sum; until the expiration of the third year, when, if the inter- and I am yet to learn that the citizens of the Middle States ference of these States, with a view to secure the whole to have indicated any feeling in regard to it differing from themselves for nothing, should not prevent the sales alto- that expressed in the vote referred to, when, with a single gether, the lands would be purchased at a nominal price. exception, all the Senators representing States North of Such a measure, sir, would not only be unjust to the citi-Mason's and Dixon's line opposed the measure. They zens of the old States, but highly injurious to the Western do not look to these lands, as has been unjustly stated, settlers who have heretofore bought lands at a full and fair with the eye of an unfeeling landholder who parts with consideration. The value of property is merely relative, his acres as a miser parts with his gold. They view the and is either enhanced or diminished by the estimate plac-new States as younger sisters in the same family, upon ed upon other property of the same kind. If a hundred an equal footing with themselves, and entitled to an equal millions of acres be thrown into market at twenty-five cents share of their patrimony; but having children to educate, per acre, and a large quantity of land be offered to actual and numerous wants to be supplied, they will think it unsettlers at the same time at five cents per acre, the value generous, unjust, and oppressive, should these younger of that which has been bought by fair purchasers at two sisters take away the whole. Sir, it is the inheritance dollars, or at one dollar and twenty-five cents per acre, is which descended from our forefathers, who wrested a part at once, other circumstances being equal, sunk to a level of it from the British Crown, at the expense of their blood with the selling price of all the lands around it. We well and treasure, and paid for the rest of it by the earnings of know the operation upon our real property, in all parts of their labor. It is not for me to say what are the feelings the Union, of the exposure at public sale of any very con- of the people of the Middle States on this subject. But siderable portion of real property adjoining it. We know it is their privilege to speak for themselves, and they will

VOL. VI.-29

SENATE.]

Mr. Foot's Resolution.

[Mancu 4, 1830. doubtless, when they think it necessary, exercise that pri- entitled to a right, in common with the members of the vilege. Yet I will say that, if they entertain the senti- Union, to that extensive tract of country which lies to the ments of their fathers, they will never consent to cede westward of the frontiers of the United States, the proaway hundreds of millions of acres of land for a nominal perty of which was not vested in or granted to individuals, consideration, or gratuitously relinquish them to any new at the commencement of the present war; that the same State, however loudly she may insist on the measure as hath been or may be gained from the King of Great Bridue to her rights and her sovereignty, or however boldly tain or the native Indians, by the blood and treasure of all, she may threaten to defy the Federal Judiciary, and de-and ought, therefore, to be a common estate, to be granted cide the controversy by her own tribunals, in her own out on terms beneficial to the United States." favor. Those who are conversant with our revolution- But, after the accession of Delaware with this protest, ary history, will remember that the exclusive claims Maryland still persevered in her refusal to join in the conof Virginia and other members of our political family federation, solely on the ground "that she might thereby to the public lands, were warmly resisted by the States be stripped of the common interest and the common beof New Jersey, Delaware, and Maryland, as soon as nefits derivable from the Western lands." She still insistthose claims were avowed, after the rupture with the ed that some security for these lands was necessary for the mother country. The articles of confederation were happiness and tranquillity of the Union; denied the whole not signed on the part of New Jersey until the 25th of claim of Virginia to the territory Northwest of the Ohio; November, 1778, although she had bled freely in the and still pressed upon Congress "that policy and justice cause of American liberty from the commencement of the required that a country, unsettled at the commencement struggle. One of the principal objections which caused of the war, claimed by the British crown, and ceded to it this delay in the ratification of those articles, will be found by the treaty of Paris, if wrested from the common enemy in the able representation of her Legislature, presented by the blood and treasure of the thirteen States, should be by her delegates to Congress, before she acceded to the considered as common property." In February, 1780, Union. "The ninth article," said they, "provides that New York made her cession to accelerate the Federal al'no State shall be deprived of territory for the benefit of liance, and declared the territory ceded should be for the the United States.' Whether we are to understand that use and benefit of such of the United States as should beby territory is intended any land, the property of which come members of that alliance, and for no other use or purwas heretofore vested in the Crown of Great Britain, or pose whatever." And although Virginia attempted for a that no mention of such land is made in the confederation, while to vindicate her claim, yet, otlier States, feeling we are constrained to observe that the present war, as we a strong attachment to Maryland, and conscious of the jusalways apprehended, was undertaken for the general de- tice of her representations, disliked a partial Union, which fence and interest of the confederating colonies, now the would throw out of the pale a people standing, as MaryUnited States. It was ever the confident expectation of landers have always stood, among the bravest and most this State, that the benefits derived from a successful con-patriotic of our countrymen. The ordinance of Congress test were to be general and proportionate; and that the then followed, in October, 1780, declaring that the terriproperty of the common enemy, falling in consequence tory to be ceded by the States should be disposed of for of a prosperous issue of the war, would belong to the the common benefit of the Union; and, on the second of United States, and be appropriated to their use. We are January, 1781, Virginia, in that spirit of magnanimity therefore greatly disappointed in finding no provision made which has generally prevailed in her councils, yielded up in the confederation for empowering the Congress to dis-her claim, for the benefit of the whole Union. It is a repose of such property, but especially the vacant and un-markable circumstance that Maryland did not actually join patented lands, commonly called the Crown lands, for de- the Union until after these cessions had been made by New fraying the expenses of the war, and for such other pub-York and Virginia, declaring, at the very moment, and by lic and general purposes. The jurisdiction ought, in the very terms of her accession, that she "did not release, every instance, to belong to the respective States within nor intend to relinquish, any part of her right and intethe charter or determined limits of which such lands may rest, with the other confederating States, to the Western be seated; but reason and justice must decide, that the territory." These facts, which have now become a part of property which existed in the Crown of Great Britain, the familiar history of the country, furnish curious reminisprevious to the present revolution, ought now to belong cences in these latter days, when a new light has broken to the Congress in trust for the use and benefit of the in upon us to show that the new States have title to all the United States. They have fought and bled for it in pro- lands within their chartered limits, and when we are told portion to their respective abilities; and therefore the re-it would be most magnanimous and becoming in us, who ward ought not to be predilectionally distributed." And claim to have imbibed the spirit and sentiments of our when, in November, 1778, the Legislature of New Jersey forefathers, to cede away our patrimony for a nominal condetermined to attach her to the Union, they did it, as they sideration. Let it be remembered that the feeling on this then expressed, "in firm reliance that the candor and jus- subject manifested by the two States of Delaware and Matice of the several States would, in due time, remove the ryland, preventing their accession to the confederation subsisting inequality," yet still insisting on the justice of until so late a period, was with difficulty repressed, even their objections then "lately stated and sent to the Gene- by that ardent attachment to the cause of liberty for which ral Congress." So, too, Delaware and Maryland, for the they were then so much distinguished, and in which they same reasons, refused to join the confederation until a still have never been surpassed. Their troops went through the later period--the former ratifying the articles on the 22d of whole contest together, flanking and supporting each other February, 1779, and the latter on the 1st of March, 1781. in battle; commonly led on by the same commander; gencThe State which I have the honor in part to represent rally the first to advance and the last to retreat; their bayhere had, on the 1st of February, 1779, adopted the fol- onets, like the pikes of the Macedonian phalanx, glittering lowing resolutions to authorize her accession to the Union. in front of one and the same compact mass; and when "Resolved, That this State considers it necessary for the they fell, they slept in death together, on the same part of peace and safety of the State, to be included in the Union; the blood-stained field. It was that same spirit which that a moderate extent of limits should be assigned for such prompted the combined exertions of these people in the of those States as claim to the Mississippi or South Sea; American cause, throughout the whole struggle, which and that the United States, in Congress assembled, should also united them in resistance against every attempt on the and ought to have power of fixing their Western limits. part of any single section of the country to appropriate "Resolved also, That this State considers herself justly for its exclusive benefit the territory which they were

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