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perplexity and doubt (a view of the bill entirely coincident with my own), and as I cannot think it proper, in a matter of such interest and of such constant application, to approve a bill so liable to diversity of interpretations, and more especially as I have not had time, amid the duties constantly pressing on me, to give the subject that deliberate consideration which its importance demands, I am constrained to retain the bill, without acting definitively thereon; and to the end that my reasons for this step may be fully understood, I shall cause this paper, with the opinion of the Attorney General, and the bill in question, to be deposited in the Department of State."

Thus the firmness of the President again saved the country from an immense calamity, and in a few months covered him with the plaudits of a preserved and grateful country.

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discussed; and moved that it be laid upon the table-a motion that precludes discussion, and brings on an immediate vote. Mr. Mercer asked for the yeas and nays, which being taken showed the astonishing spectacle of seventy-three members recording their names against the motion. The vote was 126 to 73. Simultaneously with Mr. Mercer's movement in the House to pull the mask from the deposit bill, and reveal it in its true character, was Mr. Clay's movement in the Senate to revive his land-money distribution bill, to give it immediate effect, and continue its operasession he gave notice of his intention to bring tion for five years. In the first days of the in his bill; and quickly followed up his notice with its actual introduction. On presenting the bill, he said it was due to the occasion to make some explanations: and thus went on to make them:

"The operation of the bill which had heretofore several times passed the Senate, and once the House, commenced on the last of December, 1822, and was to continue five years. It pro

DISTRIBUTION OF LANDS AND MONEY-VARIOUS vided for a distribution of the nett proceeds of

PROPOSITIONS.

THE spirit of distribution, having got a taste of that feast in the insidious deposit bill at the preceding session, became ungovernable in its appetite for it at this session, and open and undisguised in its efforts to effect its objects. Within the first week of the meeting of Congress, Mr. Mercer, a representative from Virginia, moved a resolution that the Committee of Ways and Means be directed to bring in a bill to release the States from all obligation ever to return the dividends they should receive under the so-called deposit act. It was a bold movement, considering that the States had not yet received a dollar, and that it was addressed to the same members, sitting in the same chairs, who had enacted the measure under the character of a deposit, to be sacredly returned to the United States whenever desired; and under that character had gained over to the support of the act two classes of voters who could not otherwise have been obtained; namely, those who condemned the policy of distribution, and those who denied its constitutionality. Mr. Dunlap, of Tennessee, met Mr. Mercer's motion at the threshold-condemned it as an open conversion of deposit into distribution-as a breach of the condition on which the deposit was obtained-as unfit to be

the public lands during that period, upon wellknown principles. But the deposit act of the last session had disposed of so large a part of the divisible fund under the land bill, that he did not think it right, in the present state of the treasury, to give the bill-which he was about to apply for leave to introduce-that retrospective character. He had accordingly, in the draught which he was going to submit, made the last day of the present month its commencement, and the last day of the year 1841 its termination. If it should pass, therefore, in this shape, the period of its duration will be the same as that prescribed in the former bills. The Senate will readily comprehend the motive that time that the biennial reductions of ten for fixing the end of the year 1841, as it is at per cent. upon the existing duties cease, according to the act of the 2d March 1833, commonly called the compromise act, and a reduction of one half of the excess beyond twenty per cent. By that time, a fair experiment of the land bill of any duty then remaining, is to take effect. will have been made, and Congress can then determine whether the proceeds of the national domain shall continue to be equitably divided, or shall be applied to the current expenses of the government. The bill in his hand assigns to the new State of Arkansas her just proportion of the fund, and grants to her 500,000 acres of land as proposed to other States. A similar gan, because her admission into the Union is not assignment and grant are not made to Michiyet complete. But when that event occurs, provision is made by which that State will re

ceive its fair dividend. He had restored, in this draught, the provision contained in the original plan for the distribution of the public lands, which he had presented to the Senate, by which the States, in the application of the fund, are restricted to the great objects of education, internal improvement, and colonization. Such a restriction would, he believed, relieve the Legislatures of the several States from embarrassing controversies about the disposition of the fund, and would secure the application of what was common in its origin, to common benefits in its ultimate destination. But it was scarcely necessary for him to say that this provision, as well as the fate of the whole bill, depended upon the superior wisdom of the Senate and of the House. In all respects, other than those now particularly mentioned, the bill is exactly as it passed this body at the last session."

The bill was referred to the Committee on Public Lands, consisting of Mr. Walker of Mississippi, Mr. Ewing of Ohio, Mr. King of Alabama, Mr. Ruggles of Maine, Mr. Fulton of Arkansas. The committee returned the bill with an amendment, proposing to strike out the entire bill, and substitute for it a new one, to restrict the sale of the lands to actual settlers in limited quantities. In the course of the discussion of the bill, Mr. Benton offered an amendment, securing to any head of a family, any young man over the age of eighteen, and any widow, a settlement right in 160 acres at reduced prices, and inhabitation and cultivation for five years which amendment was lost by a close vote-18 to 20. The yeas and nays were:

ing of Ohio, Kent, King of Georgia, Knight, Prentiss, Robbins, Sevier, Southard, Swift, Tomlinson, Wall, Webster, White-16.

So Mr. Clay's plan of a five years' open distribution of the land money to the States, in addition to the actual distribution, under the deposit mask, was now defeated in the Senate: but that did not put an end to kindred schemes. They multiplied in different forms; and continued to vex Congress to almost the last day of its existence. Mr. Calhoun brought a plan for the cession of all the public lands to the States in which they lay, to be sold by them on graduated prices, extending to thirty-five years, on condition that the States should take the expenses of the land system on themselves, and pay thirtythree and a third per centum, of the sales, to the federal treasury. Mr. Benton objected, on principle, to any complication of moneyed or property transactions between the States and the federal government, leading, as they inevitably would, to dissension and contention; and ending in controversies between the members and the head of the federal government: and, on detail, because the graduation was extended beyond a period when the new States would be strong enough to obtain better terms, without the complication of a contract, and the condition of a purchase. Within the thirty-five years, there would be three new apportionments of representatives, under the censuses of 1840, 1850, and 1860-doubling or trebling the new States' representation each time; also several new States admitted; so that they would be strong enough to take effectual measures for the ex

Yeas-Messrs. Benton, Black, Dana, Ewing of Illinois, Fulton, Hendricks, King of Alabama, Linn, Moore, Morris, Nicholas, Rives, Robinson, Sevier, Strange, Tipton, Walker, White-tinction of the federal titles within the States, 18.

Nays-Messrs. Bayard, Brown, Calhoun, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Hubbard, Kent, King of Georgia, Niles, Page, Prentiss, Robbins, Ruggles, Swift, Tallmadge, Wright-20.

The substitute reported by the committee on public lands, after an extended debate, and various motions of amendment, was put to the vote, and adopted-twenty-four to sixteen-the yeas and nays being:

YEAS-Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Lyon, Moore, Mouton, Nicholas, Niles, Norvell, Page, Rives, Robinson, Strange, Walker, Wright-24.

NAYS.-Messrs. Bayard, Calhoun, Davis, Ew

on just and equitable principles. Mr. Buchanan openly assailed Mr. Calhoun's proposition as a bid for the presidency; and said:

"He had heard a great deal said about bribing the people with their own money; arguments of that kind had been reiterated, but they had never had much effect on him. But speaking on the same principles on which this had been said, and without intending any thing personal toward the honorable senator from South Carolina, he would say this was the most splendid bribe that had ever yet been offered. It was to give the entire public domain to the people of the new States, without fee or reward, and on the single condition that they should not bring all the land into market at once. It was the first time such a proposition had been brought forward for legislation; and he solemnly protested against the principle that Congress had

any right, in equity or justice, to give what belonged to the entire people of the Union to the inhabitants of any State or States whatever. After warmly expressing his dissent to the amendment, Mr. B. said he hoped it would not receive the sanction of any considerable portion of the Senate."

Mr. Sevier of Arkansas, said it might be very true that presidential candidates would bid deep for the favor of the West; but that was no rea

son why the West should refuse a good offer, when made. Deeming this a good one, and beneficial to the new States, he was for taking it. Mr. Linn, of Missouri, objected to the proposition of Mr. Calhoun, as an amendment to the bill in favor of actual settlers (in which form it was offered), because it would be the occasion of losing both measures; and said:

"He might probably vote for it as an independent proposition, but could not as it now stood. He had set out with the determination to vote against every amendment which should be proposed, as the bill had once been nearly lost by the multiplication of them. If this amendment should be received, the residue of the session would be taken up in discussing it, and nothing would be done for his constituents. He wanted them to know that he had done his utmost, which was but little, to carry into effect their wishes, and to secure their best interests in the settlement of the new country. He was anxious to obtain the passage of an equitable pre-emption law, which should secure to them their homes, and not throw the country into the hands of great capitalists, as had been done in the case of the Holland Land Company, and thus retard the settlement of the West. As to the evasions of previous pre-emption laws, of which so much had been said, he believed they either had no existence in Missouri, or had been grossly exaggerated. In the course of his professional duty (Mr. Linn is a physician, in large practice), he had occasion to become extensively acquainted with the people concerning whom these things had been asserted (he referred to the emigrants who had setled in that State, under the pre-emption law of 1814), and he could say, nothing of the kind had fallen under his observation. They had come there, in most cases, poor, surrounded by all the evils and disadvantages of emigration to a new country; he had attended many of them in sickness; and he could truly aver that they were, as a whole, the best and most upright body of people he had ever known.

"Mr. L. said he was a practical man, though his temperament might be somewhat warm. He looked to things which were attainable, and in the near prospect of being obtained, rather than at those contingent and distant. Here was a

bill, far advanced in the Senate, and, as he hoped, on the eve of passing. He believed it would secure a great good to his constituents; and he could not consent to risk that bill by accepting the amendment proposed by the senator from South Carolina. If the senator from Arkansas would let this go, he might possibly find that it was a better thing than he could ever get again. He wanted that Congress should so regulate the public lands, and so arrange the terms on which it was disposed of, as to furnish in the West and every worthy and industrious man prosan opportunity for poor men to become rich, perous and happy."

Mr. Calhoun felt himself called upon to rise in defence of his proposition, and in vindication of his own motives in offering it; and did so, in a brief speech, saying:

"When the Senate had entered upon the present discussion, he had had little thought of offering a proposition like this. He had, indeed, always seen that there was a period coming when this government must cede to the new States the possession of their own soil; but he had never thought, till now, that period was so near. What he had seen this session, however, and especially the nature and character of the bill which was now likely to pass, had fully satisfied him that the time had arrived. There were at present eighteen senators from the new States. In four years, there would be six more, which would make twenty-four. All, therefore, must see that, in a very short period, those States would have this question in their own hands. And it had been openly said that they ought not to accept of the present proposition, because they would soon be able to get better terms. He thought, therefore, that, instead of attempting to resist any longer what must eventually happen, it would be better for all concerned that Congress should yield at once to the force of circumstances, and cede the public domain. His objects in this movement were high and solemnn objects. He wished to break down the vassalage of the new States. He desired that this government should cease to hold the relation of a landlord. He wished, further, to draw this great fund out of the vortex of the presidential contest, with which it had openly been announced to the Senate there was an avowed design to connect it. He thought the country had been sufficiently agitated, corrupted, and debased, by the influence of that contest; and he wished to take this great engine out of the hands of power. If he were a candidate for the presidency, he would wish to leave it there. He wished to go further: he sought to remove the immense amount of patronage connected with the management of this domain-a patronage which had corrupted both the old and the new States to an enormous extent. He sought to counteract the centralism,

Its

which was the great danger of this government, of the new States of the public lands in the agand thereby to preserve the liberties of the peo- gregate, without specifying the motive or conple much longer than would otherwise be possi-sideration upon which they were made. ble. As to what was to be received for these argument is, that an equal quantity should be lands, he cared nothing about it. He would granted to the old States, to make them respechave consented at once to yield the whole, and tively equal sharers in the public lands. Now, withdraw altogether the landlordship of the sir (said Mr. M.), nothing could be devised more general government over them, had he not be- disingenuous and deceptive. Let us look at it lieved that it would be most for the benefit of briefly. The idea is, that the old States granted the new States themselves that it should con- these lands to the new for an implied consideratinue somewhat longer. These were the views tion, and resulting benefit to themselves; that which had induced him to present the amend- it was a sort of Indian gift, to be refunded ment. He offered no gilded pill. He threw in with increase. Not so, sir, at all. If Mr. M. no apple of discord. He was no bidder for popu- understood the motives inducing those grants, larity. He prescribed to himself a more humble they were paternal on the part of the old States; aim, which was simply to do his duty. He proceeding upon that generous and noble libersought to counteract the corrupting tendency ality which induces a wealthy father to advance of the existing course of things. He sought to and provide for his children. This was the weaken this government by divesting it of at moving consideration, though he (Mr. M.) was least a part of the immense patronage it wield- aware that the grants in aid of the improve ed. He held that every great landed estate re- ments of the new States and territories were quired a local administration, conducted by per- upon consideration of advancing the sale and sons more intimately acquainted with local wants improvement of the remaining lands in those and interests than the members of a central States held by the United States." government could possibly be. If any body asked him for a proof of the truth of his positions, he might point them to the bill now before the Senate. Such were the sentiments, shortly stated, which had governed him on this occasion. He had done his duty, and he must leave the result with God and with the new States."

Mr. Calhoun's proposition was then put to the vote, and almost unanimously rejected, only six senators besides himself voting for it; namely: Messrs. King of Georgia; Moore of Alabama; Morris of Ohio; Robinson of Illinois; Sevier of Arkansas; and White of Tennessee. And thus a third project of distribution (counting Mr. Mercer's motion as one), at this session, had miscarried. But it was not the end. Mr. Chilton Allen, representative from Kentucky, moved a direct distribution of land to the old States, equal in amount to the grants which had been made to the new States. Mr. Abijah Mann, jr., of New York, strikingly exposed the injustice of this proposition, in a few brief remarks, saying:

The proposition of Mr. Allen was disposed of by a motion to lie on the table, which prevailed— one hundred and fourteen to eighty-one votes; but the end of these propositions was not yet. Another motion to divide surpluses was to be made, and was made in the expiring days of the session, and by way of amendment to the regular fortification bill. Mr. Bell, of Tennessee, moved, on the 25th of February, that a further deposit of all the public monies in the treasury on the first day of January, 1838, above the sum of five millions of dollars, should be “deposited" with the States, according to the terms of the "deposit" bill of the preceding session; and which would have the effect of making a second "deposit" after the completion of the first one. The argument for it was the same which had been used in the first case; the argument against it was the one previously used, with the addition of the objectionable proceeding of springing such a proposition at the end of the session, and as an amendment to a defence appropriation bill, on its passage; to which it was utterly in"It must be apparent, by this time, that this congruous, and must defeat; as, if it failed to proposition was neither more nor less than a sink the bill in one of the Houses, it must cernew edition of the old and exploded idea of dis- tainly be rejected by the President, who, it tributing the proceeds of the sales of the public lands, attempted to be concealed under rubbish was now known, would not be cheated again and verbiage, and gilded over by the patriotic with the word deposit. It was also opposed as idea of applying it to the public education. Its an act of supererogation, as nobody could tell paternity is suspicious, and its hope fallacious whether there would be any surplus a year and delusive. The preamble to this resolution is illusory and deceptive, addressed to the cupidity of the old States represented on this floor. It recites the grants made by Congress to each

hence; and further, it was opposed as an act of usurpation and an encroachment upon the authority of the ensuing Congress. A new Con

gress was to be elected, and to assemble before that time; the present Congress would expire in six days and it was argued that it was neither right nor decent to anticipate their successors, and do what they, fresh from the people, might not do. Mr. Yell, of Arkansas, was the principal speaker against it; and said:

should endure. Sir, continued Mr. Y., I enter
my protest against a system of bargain and cor-
different political complexions, for the purpose
ruption, which is to be executed by parties of
of dividing the spoils which they have plundered
from the people. If the sales of the public lands
are to be continued for the benefit of the specu-
lators who go to the West in multitudes for the
purpose of legally stealing the lands and im-
provements of the people of the new States, I
hope my constituents may know who it is that
thus imposes upon them a system of legalized
fraud and oppression. If, sir, my constituents
are to be sacrificed by the maintenance of a sys-
tem of persecution, got up and carried on for the
purpose of filling the pockets of others to their
ruin, I wish them to know who is the author of
the enormity. I had hoped, Mr. Speaker, and
that hope has not yet been abandoned, that if
ever this branch of the government is bent on
the destruction of the rights of the people, and
a violation of the Constitution, there is yet one
ordeal for it to pass where it may be shorn of
its baneful aspect. And, Mr. Speaker, I trust
in God that, in its passage through that ordeal,
it will find a quietus."

The second

"I voted. Mr. Speaker, against the amendment proposed by the gentleman from Tennessee (Mr. Bell), because I am of opinion that this bill, if passed, and sanctioned by the President and I trust that it never will receive the countenance of that distinguished man and illustrious statesman-will at once establish a system demoralizing and corrupting in its influences, and tend to the destruction, of the Sovereignty of the States, and render them dependant suppliants on the general government. This measure of distribution, since it has been a hobby-horse for gentlemen to ride on, has presented an anomalous spectacle! The time yet belongs to the history of this Congress, when honorable gentlemen, from the South and West, were daily found arraying themselves against every species of unnecessary taxation, boldly Mr. Bell's motion succeeded. avowing that they were opposed to any and all tariff systems which would yield a revenue be- "deposit " act, by a vote of 112 to 70, was enyond the actual wants and demands of the gov-grafted on the appropriation bill for completing ernment. Such was their language but a few and constructing fortifications; and, thus loaded, weeks or months ago; and, in proclaiming it, they struggled hard to excel each other in zeal that bill went to the Senate. Being referred to and violence. And now, sir, what is the spec- the Committee on Finance, that committee directtacle we behold? A system of distributioned their chairman, Mr. Wright of New-York, to another and a specious name for a system of bribery has been started; the hounds are in full cry; and the same honorable and patriotic gentlemen now step forward, and, at the watchword of 'put money in thy purse; aye, put money in thy purse,' vote for the distribution or bribery measure; the effect of which is to entail on this country a system of taxation and oppression, which has had no parallel since the days of the tea and ten-penny tax-two frightful measures of discord, which roused enfeebled colonies to rebellion, and led to the foundation of this mighty republic. But we are told, Mr. Speaker, that this proposed distribution is only for momentary duration; that it is necessary to relieve the Treasury of a redundant income, and that it will speedily be discontinued! Indeed, sir! What evidence have we of the fact? What evidence do we require to disprove the assertion? This scheme was commenced the last session;

it has been introduced at this; and let me tell you, Mr. Speaker, it never will be abandoned so long as the high tariff party can wheedle the people with a siren lullaby, and cheat them out of their rights, by dazzling the vision with gold, and deluding the fancy by the attributes of sophistry. Depend upon it, sir, if this baleful system of distribution be not nipped in the bud, it will betray the people into submission by a species of taxation which no nation on earth

move to strike it out. The motion was resisted by Mr. Calhoun, Mr. Clay, Mr. Webster, Mr. White of Tennessee, Mr. Ewing of Ohio, Crittenden, Preston, Southard, and Clayton; and supported by Messrs. Wright, Benton, Bedford Brown, Buchanan, Grundy, Niles of Connecticut, Rives, Strange of North Carolina: and being put to the vote, the motion was carried, and the "deposit" clause struck from the bill by a vote of 26 to 19. The yeas and nays were:

"YEAS-Messrs. Benton, Black, Brown, Cuthbert, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, King of Georgia, Linn, Lyon, Nicholas, Niles, Norvell, Page, Parker, Rives, Ruggles, Sevier, Strange, Tallmadge, Walker, Wall, Wright-26.

"NAYS-Messrs. Bayard, Calhoun, Clayton, Crittenden, Davis, Ewing of Ohio, Hendricks, Kent, Knight, Moore, Prentiss, Preston, RobWhite-19." bins, Southard, Spence, Swift, Tomlinson, Web

ster,

Being returned to the House, a motion was made to disagree to the Senate's amendment, and argued with great warmth on each side, the opponents to the "deposit" reminding its friends

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