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MARCH 1, 1833.]

Doubtful Powers.-Tariff Report.

[H. of R.

overthrow of mercantile credit will produce material a surplus, which would meet the loss of about one-third loss. of the local Western debt, without impairing the original capital of the bank.

Third. In general corroboration of their statements on this point, as well as of their opinions of the security of The committee do not mean to be understood as assertthe bank debt, the directors appeal-1. To the fact of the ing their belief that the Western debt is more hazardous great fluctuation of the exchange business, at the same than that in any other part of the Union. The bank dipoints, at different periods, corresponding with the pe- rectors express their conviction that it is not so; and the riods of the shipments of agricultural produce in the agent appointed by the treasury does not hesitate to say West; as, for instance, at Nashville, within three months that he considers that debt in a safe and wholesome in 1831, from $366,000 to $1,062,000. And again, at state, and that a greater amount of loss need not be apthe same place, in 1832, within about a half a year, prehended from it, than from a similar mass distributed from $2,760,000 down to $503,000. 2. That of the easy in the cities of the Atlantic frontier." But this estimate reduction, during the last year, of about one-eighth of the has been made, because the extent of the Western transwhole amount of the bank debt throughout the Union, actions of the bank has been mentioned as one of the suband specially to the amount reduced in the Western offi-jects peculiarly calling for investigation.

ces.

3d. To the very small amount of losses which have These general views of the situation of the bank, and occurred for some time past in those offices, and to the fa- the consequent safety of its depositors and bill holders, decility with which, in addition to the aggregate reduction rive strong confirmation from the fact of the large proof loans there, a very considerable proportion of the local portion of the specie in the country, which is held by the debt, on promissory notes, has been converted into the bank. It appears, from official documents, of unquesmore secure and manageable form of domestic bills of tionable authority, that the specie, actually in the vaults exchange. of the Bank of the United States, is within one-tenth of

If, then, the evidence herewith submitted can be relied upon, which it is for the House to judge of, there can be no doubt of the entire soundness of the whole bank capital, after meeting all demands upon it, either by its bill holders or the Government; and such is the opinion of the committee, who feel great confidence in the well known character and intelligence of the directors whose testimony supports the facts above stated.

If these statements, and this evidence, can be relied the amount held by all the other banks in the Union, upon, the available and secure resources of the bank whilst its circulation of paper is but one-fourth of the agamounted, on the 1st of January last, to eighty million gregate of theirs. In other words, the Bank of the United eight hundred and sixty-five thousand dollars, whilst all States has above nine millions of specie, with a circulation the claims against it, for bills, debts, and deposites, in- of notes to the amount of seventeen millions and a half: cluding those of the Government, and for the redemption whilst the aggregate of all the other banks, with specie of the public debt, were but $37,800,000, leaving about in their vaults but a little above ten millions, have a cirforty-three millions as a guaranty to the nation against culation of sixty-eight millions of bank paper. any losses. For as the whole amount of debts, bills, and deposites, must be paid before the stockholders, the whole capital and the surplus must be considered as a pledge for the debts due to individuals and the Government. As the capital consists of thirty-five millions of dollars, it would appear, from this statement, that the bank had earned, and then possessed, a surplus of twenty-two per cent. above the amount of its capital. Whether that surplus could or could not be realized at a final winding up of the bank, is a subject only interesting to the buyers, sellers, and holders of stock. The single point of view in which it is important to the nation, is in regard to its bearing on the healthy state of the bank, and the consequent safety of the public deposites, and the sound state of the currency. For these objects, it is sufficient to inquire whether this surplus does or does not afford a sufficient guaranty that the original capital of $35,000,000 is unimpaired.

The committee conclude by respectfully recommending the adoption of the following resolution:

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Resolved, That the Government deposites may, in the opinion of the House, be safely continued in the Bank of the United States."

The report was accompanied by sundry documents. Mr. WATMOUGH moved the printing of 10,000 extra copies of the report and documents; which was agreed to, (Mr. HoRN, who had objected to the motion, having withdrawn his objection.)

Mr. POLK then made a report from the minority (three members) of the committee, of which the same number was ordered to be printed.

DOUBTFUL POWERS.

Mr. DANIEL, from the select committee to which was referred so much of the President's message as rereport, stating that there was not a single point on which lated to the exercise of doubtful powers, made a verbal the committee could agree; and he had therefore been the further consideration of the subject; which was, afdirected to move that the committee be discharged from ter some jocular conversation, agreed to. TARIFF REPORT.

The whole amount of bills and paper held by the bank on the 1st of January last was $61,695,000; of which $8,246,000 is stated to be the local debt of the Western States; leaving $53,749,000 as the debt of the Atlantic commercial cities, and that in the shape of domestic bills, between them and the interior. There seems no reason to doubt that the paper of the description last mentioned is of the same general character as that of other city banks, managed with ordinary discretion. Now, it is well known, that, in our great cities, business paper is constantly guarantied by commercial houses of prudence, stability, and wealth, for a del credere commission of two and a half per cent. On much of the better class of paper, and in some of our Northern cities, upon most of it, the ordinary charge is much less: but a greater propor The question recurring on the motion heretofore made, tion of loss than this ought certainly not to occur in a well to print the report from the minority of the Committee managed city bank, where the judgment and information on Manufactures, of a board of directors is combined with that of its offi- Mr. ADAMS said that he should have been glad to cers. In point of fact, it is believed that two and a half per cent. on their discounted paper actually exceeds the losses of prudently managed institutions in our cities. But, allowing the loss on the Atlantic and commercial debt to reach four times that amount, say ten per cent. then $5,370,000 of the surplus, would be an ample guaranty against such loss. This would leave $2,680,000 as

have made some reply to the remarks of Mr. HOFFMAN, merely to satisfy the House that there had been no unfairness on the part of the minority. The report was not a speech, as the gentleman had intimated, but a report, signed by those members who had agreed to it. But, on account of the preciousness of time, be should be content with having the question taken by yeas and nays.

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The bill from the Senate further to provide for the col-tions by Mr. WICKLIFFE, postponed to to-morrow, unlection of duties on imports came up on its final passage, and was decided as follows:

til the Land bill was reached; when, on motion of Mr. W.,
The House resolved itself into a Committee of the
Whole on the state of the Union, the SPEAKER calling
Mr. POLK to the chair.

Mr. VERPLANCK moved that the committee take up some appropriation bills, but the motion was negatived; and then, by a decisive majority, took up the bill, from

YEAS.--Messrs. Adams, Chilton Allan, Heman Allen, Allison, Anderson, Appleton, Armstrong, Ashley, Banks, Noyes Barber, Barringer, Barstow, Isaac C. Bates, James Bates, Beardsley, Bell, Bergen, Bethune, James Blair, John Blair, Bouck, Briggs, John Brodhead, John C. Brodhead, Bucher, Bullard, Burd, Burges, Cahoon, Cam- the Senate, breleng, Carr, Chandler, Choate, Collier, Eleutheros Cooke, Bates Cooke, Corwin, Craig, Crane, Crawford, TO DISTRIBUTE THe proceeds OF THE PUBCreighton, John Davis, Dearborn, Denny, Dewart, Dick

LIC LANDS.

son, Doubleday, Drayton, Draper, Ellsworth, George Mr. DUNCAN moved an amendment, proposing to fix Evans, Joshua Evans, Edward Everett, Horace Everett, the minimum price of the public lands at one dollar; but Findlay, Fitzgerald, Ford, Gilmore, Grennell, William it was rejected without a count. Hall, Hiland Hall, Harper, Hawkins, Hiester, Hodges, An amendment was offered by Mr. DUNCAN to set Hoffman, Hogan, Holland, Horn, Howard, Hubbard, apart twenty per cent. of the value of the public land in Huntington, Ihrie, Ingersoll, Irvin, Isacks, Jarvis, Jenifer, certain of the new States, before the division of the proRichard M. Johnson, Joseph Johnson, Kavanagh, Ken-ceeds should be made, instead of twelve and a half per dall, Adam King, John King, Henry King, Kerr, Lansing, cent. as in the bill. But it was negatived. Leavitt, Lecompte, Letcher, Lyon, Mann, Marshall, Max- Mr. WICKLIFFE moved to amend the second section well, McCarty, Wm. McCoy, McIntire, McKay, McKen- thereof, by striking out the words which restrict the apnan, Mercer, Milligan, Mitchell, Muhlenberg, Nelson, plication of the funds accruing to the several States to Newton, Pearce, Pendleton, Pierson, Pitcher, Polk, three specified objects, (internal improvement, education, Potts, Randolph, John Reed, Edward C. Reed, Russel, and colonization,) and to leave it to the States to apply Semmes, Sewall, William B. Shepard, Augustine H. the funds in such a manner as the Legislatures thereof Shepperd, Slade, Smith, Soule, Speight, Standifer, Ste-shall direct.

phens, Stewart, Sutherland, Taylor, Francis Thomas, The amendment was adopted without a count. Philemon Thomas, John Thomson, Tompkins, Tracy, Mr. WICKLIFFE also added a proviso postponing the Verplanck, Vinton, Ward, Wardwell, Washington, Wat- effect of the bill until the public debt should have been mough, Wayne, Wilkin, Elisha Whittlesey, Frederick paid. Whittlesey, Campbell P. White, Edward D. White, Wil liams, Worthington, Young.-149.

Mr. PLUMMER proposed to amend the bill so as to require the expense of surveys and sales of the public lands to be first deducted, before the distribution should be made among the States. He made a short speech in support of this motion, and

NAYS.-Messrs. Alexander, Robert Allen, Archer, Arnold, Babcock, John S. Barbour, Barnwell, Bouldin, Carson, Chinn, Claiborne, Clay, Clayton, Coke, Connor, Cooper, Coulter, Daniel, Davenport, Warren R. Davis, Felder, Foster, Gaither, Gordon, Griffin, Thomas H. Hall, Hawes, Hughes, Cave Johnson, Lamar, Lewis, Mardis, Mason, McDuffic, Newnan, Nuckolls, Patton, Plum-it mer, Rencher, Roane, Root, Stanbery, Wiley Thompson, Weeks, Wheeler, Wickliffe, Wilde.-48.

So the bill was finally passed.
The question being on its title,

The question being put, it was negatived.

Mr. WHITE, of Florida, moved to amend the bill, so as to include Florida in the distribution of the land; but was negatived without a count.

Mr. CLAY, of Alabama, moved to amend the bill by striking out all after the enacting clause, and inserting, instead thereof, the two following sections:

"That, from and after the passage of this act, all the Mr. McDUFFIE said that he rose to perform a solemn lands in the United States which have been offered at duty. The House was about to destroy the rights of the public sale to the highest bidder, and have remained unStates-was about to bury the constitution: he asked the sold twenty years or upwards, shall be subject to sale, by poor privilege of writing its epitaph. He then offered an private entry, at the rate of twenty-five cents per acre; amendment to the title of the bill, by striking out its pre-those which have been offered in like manner, and have sent title, and inserting the following in lieu thereof: remained unsold fifteen years, and less than twenty years, "An act to subvert the sovereignty of the States of this at the rate of fifty cents per acre; those which have been Union, to establish a consolidated Government without offered in like manner, and have remained unsold ten limitation of powers, and to make the civil subordinate to the military power."

Mr. WAYNE moved to lay the amendment upon the

table.

The CHAIR said the motion was not in order. Mr. SPEIGHT demanded the previous question, and the call was seconded by the House.

The yeas and nays were thereupon ordered, and being taken, stood as follows: Yeas 150, nays 35.

So the House determined that the main question should now be put.

years, and less than fifteen years, at the rate of seventy. five cents per acre: and those which have been offered in like manner, and have remained unsold five years, and less than ten years, at the rate of one dollar per acre.

"SEC. 2. And be it further enacted, That all the lands of the United States which may be hereafter offered at public sale, to the highest bidder, and shall have remainfed unsold five years, and less than ten years, shall be subject to sale, by private entry, at the rate of one dollar per acre; those which shall have remained unsold ten years, and less than fifteen years, at the rate of seventy

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five cents per acre; those which shall have remained un sold fifteen years and less than twenty years, at the rate of fifty cents per acre; and those which shall have remained unsold twenty years, or upwards, at the rate of twenty-five cents per acre."

Mr. CLAY said that he must appeal to the sense of justice in the majority of the House, for a right to be heard on a subject so deeply interesting to his constituents. He did not rise merely for the purpose of consuming time, which he knew, at this late hour of the session, to be very precious. His object was to present to the House, in comparison, the plan contained in the original bill, and that developed by the substitute which he had offered, in the form of an amendment. He would not, however, press the discussion of the subject at this moment, if the committee should be disposed to take a recess: he asked the House either to postpone the further consideration of the bill until to-morrow, or to take a recess; and, in order to ascertain its will, he would move that the committee now rise.

The motion was lost.

Mr. SPEIGHT, of North Carolina, now moved that the House take a recess for two hours.

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Western country, a liberal surrender of a portion of their territorial claims;" that in October of the same year they passed other resolutions, by which they "fixed conditions, to which the Union should be bound on receiving such cessions;" that they "again proposed the same subject to those States, in their address of April 18th, 1783, wherein, stating the national debt, and expressing their reliance for its discharge on the prospect of vacant territory," they renewed their proposals to the States having vacant territory. In April, 1784, after reciting the various steps which they had before taken, on the same subject, they adopted a resolution in the following words, which I beg leave to read to the committee:

"Resolved, That the same subject be again presented to the attention of the said States; that they be urged to consider that the war being now brought to a happy termination by the personal services of our soldiers, the supplies of property by our citizens, and loans of money from them as well as foreigners, these several creditors have a right to expect that funds shall be provided, on which they may rely for their indemnification; that Congress still consider vacant territory as an important resource; and that, therefore, the said States be earnestly pressed, by immediate and liberal cessions, to forward these necessary ends, and to promote the harmony of the Union."

This motion also was negatived: Yeas 29, nays 86. Mr. CLAY then again rose, and said he should bow to the decision of the House; a decision which accorded well with the purpose which had been so repeatedly In this resolution are summed up the motives which inmanifested, to drive this bill through, without allowing it duced Congress to ask--nay, earnestly to press and urgeto receive that consideration and discussion which were the States to cede their vacant territory; to raise the so eminently due to a measure of such magnitude. It was not necessary for him to advert to his personal debility, having recently labored under severe indisposition; it was not his wish or his purpose to give this subject the go-by; whatever might be his inability, mental or physical, he should endeavor to proceed in the discharge of his duty, and would present to this House such views as he might be able to take of this very serious and important subject. My proposition, said Mr. C., is to strike out this bill, and insert that which has been read to the House.

means of discharging the national debt, produced by the war for liberty and independence, which had been so happily terminated; to refund our citizens, as well as foreigners, for supplies of property, and loans of money, which had contributed to that most desirable and glorious consummation. Congress did not ask cessions of land for local objects, but for those strictly national; the often avowed purpose was to improve and strengthen the resources of the General Government for national purposes, in which the States called upon to cede had a common My amendment, it will be seen, contemplates a reduc-interest. Those repeated, pressing, and urgent applition in the price of land which has been offered at auction cations to the States at length prevailed; and it is only and remains unsold, and a graduation of the price, in pro- necessary to examine the terms recited in the various portion to the time it has been in market. This brings acts of cession, to be satisfied that they surrendered into review the merits of the entire proposition presented their vacant lands only for the desirable purposes proby the bill. posed.

I insist and will maintain that this bill involves a breach of faith, on the part of the General Government, towards the States which have ceded lands to the Union: that it contains more palpable violations of the constitution than any measure ever brought into this hall; and, if it were free from these vital objections, that the measure it proposes is in the highest degree inexpedient, and perpetrates the most flagrant injustice to the younger members of this confederacy.

I have said, and I repeat, that this bill involves a breach of good faith on the part of this Government. I meant that remark to be heard; and its truth will be sustained by a recurrence to every act of cession by which the public domain has become the property of the States in general. Whoever will take the trouble to consult these acts must perceive, that to apply the proceeds of these lands as is proposed by the bill before us, would be a plain and palpable violation of the faith of the Government, and jeopard its character for truth, honor, and justice.

Virginia stipulated, in her act of cession, "that all the lands within the territory so ceded to the United States, and not reserved for, or appropriated to, any of the before mentioned purposes, (that is, grants to certain troops and citizens of her own,) or disposed of in bounties to the officers and soldiers of the American army, shall be considered a common fund, for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia inclusive," &c.

Georgia, in her act of cession, declared "that all the land ceded, &c. be considered a common fund, for the use and benefit of the United States, Georgia included."

Each of these clauses was followed by an express stipu lation that the funds arising from the lands ceded should be" faithfully disposed of for that purpose, and for no other use or purpose whatever."

It is unnecessary to fatigue the committee by reciting the terms of the several compacts between other States and the Government of the United States; they are all substantially the same.

Will gentlemen look back to the inducements to cessiens of their vacant western territory, which were held These lands were to be a common fund, for the use of out by Congress to the States having such claims? The the whole Union--not of each, or any of the States, sepaleading object or consideration of a compact of any kind, rately considered, but of the Government itself. These must afford much aid in determining its proper construc- acts contain no such language as that the proceeds of the By recurring to the journals, it will be found that land may or shall be distributed equally among the Congress, as early as September, 1780, "thought it ad- States; nor can I conceive how it is possible for ingenuity visable to press upon the States having claims to the itself to distort the terms employed in them, so as to reVOL IX.-120

tion.

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Procceds of the Public Lands.

[MARCH 1, 1833,

are interested, the amount which it was intended the public domain should pay, (embracing both the public debt and its own costs and charges,) before the fund is appropriated to any other purpose?

concile them with the purpose avowed by this bill. Did Georgia ever cede her vacant territory for purposes in which she was to have no common interest with her sister States? Surely not. And, I ask, what interest has Georgia in those several purposes, to which, according The question is not, how the Government, if free to to this bill, the avails of these lands may be applied by choose, might prefer to apply this fund; it is a question the State Legislatures? We have, to be sure, amended of good faith--How is the Government bound to apply it? the bill by striking out the enumeration of these purposes When the States gave their land for a specific object, and as first proposed; but we have gone yet further than the that object has not been accomplished, can the Governbill at first proposed--we have left it in the power of the ment direct the grant to other objects? I deny that it States to appropriate the money just as they may deem can. Virginia would never have given away her vast most expedient, without limitation or restriction. There regions in the West, but for the sake of enabling the Gois no purpose to which the power of a State is adequate, vernment to pay its just debts, and especially that debt, to which the proceeds of this domain may not be applied. more sacred than all others, which may almost be consiIf the bill still remained in its original shape, the question dered the price of our liberty. Georgia would never would well arise; how much more in its amended form? have surrendered the sixty or seventy millions of acres, Georgia has ceded her land to the whole United States, now constituting the States of Alabama and Mississippi, to "Georgia included." Of the proceeds of this land more receive, in return, her nine shares out of two hundred than $400,000 annually will, if this bill becomes a law, and forty. Their object, and that of all the other States go to the Legislature of the State of New York. Sup- which made similar grants, was to pay the national debt, pose that Legislature shall choose to apply $100,000 of to enrich the national treasury, to exalt their common this money to the erection of a poor-house or a hospital, country, and benefit her in those things in which each has Georgia any interest in this? She has not. How is bad a common interest--not to be applied to the local she interested in a hospital to be used by the citizens of purposes of any. To test the soundness of this view, I New York, more than in the promotion of any other ob- ask each member of the committee to put the question to ject of humanity? What is a hospital in New York more himself--to appeal to his own bosom. Did either of the to her than a hospital in England or the East Indies? States which made grants of lands to the United States Again: New York may give the money to an object still ever contemplate such an appropriation of her bounty as more private and exclusive, in some remote neighbor- that now proposed? Can any man answer this question in hood of her extensive territory--for instance, a county the affirmative? I cannot believe there is one. jail or court-house; has Georgia any interest in that? But, sir, there are other objections to this bill. I intiShe has none. The domain being granted as a common mated, in the outset of my remarks, that, in my judgfund, and not to the States in severalty, such an applica- ment, this bill proposed more violations of the constitution tion of its avails is a violation of the terms of the compact, than any one measure which I had ever seen introduced and of the good faith of the Government. The same re-into this hall. I may be mistaken--I do not claim to be marks will apply with equal justice to the other States infallible; but, if I understand the provisions of the conwho ceded their lands. The terms of cession may vary, stitution, this measure will violate them most grossly. but the general effect is in all cases the same. Virginia The position may be safely assumed, that the Governgranted hers on the express condition that they were to ment cannot do that indirectly which it cannot do directly. constitute a common fund, as expressly as Georgia did. If the Government cannot appropriate money, constituBut is Virginia interested in the local improvements in tionally, to a given object, it cannot grant money to a Maine, in Massachusetts, in Georgia, or Alabama? Not at State to be applied to the same object. all: and to apply her land to such objects, is to violate that compact which it ought to be the honorable pride of every American to preserve sacred.

An attempt has been made, however, to render the bill more palatable to those who entertained constitutional scruples in regard to its provisions as it came from the Se-But there are other objections to the bill, arising from nate, by an amendment. It may be well, here, to notice the terms of the several compacts, which go to show that that amendment, and see how far it is calculated to obvi. the proposed application of these funds will be a perver-ate such objections. As it came from the Senate, the Lesion of the purpose of the donors. Let it be remember- gislatures of the several States were only authorized to ed that I am speaking now only of so much of the public apply their respective distributive shares "to such obland as has been obtained by cession from the States, and jects of education, internal improvement, colonization of not of that which has been otherwise acquired. All who free persons of color, or reimbursement of any existing are acquainted with the history of the times when these debt contracted for internal improvement, as the said cessions were made, know what were the inducements Legislatures might severally designate and authorize." It which led to them. Indeed, I have already shown that the will be perceived that this enumeration of objects was lands were given from public and patriotic considerations, restrictive upon the State Legislatures; they could only and with a special view to the payment of the public debt. have applied the money to those three classes of objects. Let me then ask every considerate and candid man whe- On the presumption, I suppose, that some would consither it is consistent with the spirit and ends of the com-der the clause imperative on the State Legislatures to pact, without consent of parties, for us now to divert the violate the constitution in the appropriation of the money proceeds to objects totally different. Shall I be told that to some one of the objects enumerated, and, therefore, the leading object of the cession has been accomplished; vote against the measure, a motion was made, and carri that the public debt is paid, and that we may, therefore, ed, to strike out the clause so far as regarded the speciapply the proceeds to the special benefit of particular fication of objects to which the money might be applied. States? If so, I inquire--Has the public debt been paid The effect of the amendment is to remove all restriction, out of the proceeds of these lands? By no means. All know and permit the Legislatures to apply the shares of the that the public domain, thus far, has not balanced its own fund allotted to them respectively, to such objects as account; the lands have not paid their own expenses. they may severally designate and authorize." They are According to an official report from the Commissioner no longer restricted to education, internal improvement, of the General Land Office, at the last session, it is in ar- and colonization of free persons of color, but may "derears about eleven millions of dollars. This being the signate and authorize" these, and any, and all other obcase, would it not be consistent with the terms of cession jects within the scope of State legislation for the applicao refund the general treasury, in which all the States tion of the funds. Each of the objects, originally enu

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merated in the bill, are within the range of State legisla-stitution, to appropriate money for such an object. Is it tion; consequently it cannot be pretended that the money to be found in the specified powers? or is it among the to be distributed cannot yet be applied to them, as well as incidental powers "necessary and proper to carry into to any other. Under this view, I confess, I was much sur-execution" those which are? If so, I hope some gentle. prised that the gentleman from Virginia [Mr. BARBOUR] man who advocates the bill will point me to the article, (who professed to favor a strict construction of the consti- section, or clause in which it may be found, or to give tution) rose, when the motion was made for the amend-effect to which it is essential. Until this is done, I canment, and expressed a hope that it would prevail, as he not surrender the opinion that it can neither be drawn could not otherwise vote for the bill. I then suggested from the face of the constitution, nor from its history. It to the committee and the gentleman, that, so far from may be safely affirmed that this is not among the powers obviating the objection of unconstitutionality, the amend expressly granted, and, I think, may as safely defy any ment rendered it stronger; that it would give to the States friend of the measure to show that it is incidental to any a wider range, and allow them unlimited scope for every of them. sort of loose and unconstitutional legislation. Sir, whilst I feel ready to acknowledge all the legitimate think so. powers of this Government, I deny that we have any power Sir, as the bill remains obnoxious to all the objections to colonize free blacks; and I maintain, if we give this which applied to it, in its original form, besides the thou-power, or the means of exercising it, to the States, we sand others to which the amendment may give rise, let us violate the constitution through their agency. I never consider some of them. Take, for example, internal im- doubted that a State could send free blacks out of the provement. A large portion of the nation have objected country, with their own consent, to any part of the world; to the exercise of this power by the General Govern- the objection is to the power of this Government to furment as unconstitutional, even in its most imposing form. nish them funds for the purpose. The member from If appropriations for such objects, though even called Pennsylvania, [Mr. STEWART,] who is one of the list to "national;" improvements of a nature to promote the deny any power which it may, in his judgment, be concommercial prosperity of large districts of country, faci- venient to exercise; who is one of the class of "general litating intercourse between quarters of the Union remote welfare" politicians; who always shows great perspicacity from each other; if appropriations for objects of such ge-in discovering any thing that is either for the general neral interest were questioned, for the want of power in welfare or his own, seemed to congratulate himself on the the General Government, what can be said in justification success of the motion to strike out this clause; but, whatof a measure which puts in the hands of the different ever may be its effect on the passage of the bill, it has States millions of dollars annually, which may be applied only rendered it more obnoxious; it has opened an interto purposes merely local? Under the amended form of minable field. I was sorry to see the clause stricken out, the bill, the State Legislatures have power to apply the on more accounts than one-chiefly for this reason, that, money to any object of internal improvement they hap- since the amendment, the dangerous character of the bill pen to desire. They are only restrained by their own is not so distinctly held up to the eyes of the people; it exclusive judgment or discretion. If we bestow money does not come to the apprehension of every one as it did on a State, out of this common fund," for her to apply in its original shape; its glaring and palpable violations of to objects in which neither the nation, nor, perhaps, any the constitution are less readily seen. Had the original other State has a common interest, is it not just as uncon-clause remained, there would not have been a man in the stitutional as if we granted the money to these objects South who would not have revolted at the dangerous and ourselves? No man can answer this question in the nega- unwarrantable assumption of power at first sight; but now tive, and do himself justice. Let us take Pennsylvania, the mischievous tendency of the bill may, and will, escape with her share of nearly three hundred thousand dollars. the observation of those who are not accustomed to exaMay not she appropriate one hundred thousand dollars to mine such questions. make a road one mile in length? May not she lay out her Sir, I may be sensitive on this subject; I acknowledge entire portion of this "common fund" on a railroad from I am; and every other Southern man, who has listened to Philadelphia to some coal mine? What interest have the the arguments and doctrines advanced here, ought to be other States in such a railroad? There is nothing to re-so. Why this ceaseless anxiety to agitate the subject of strain her. It would be an improvement, and, doubtless, slave labor and colonization? The tariff cannot be dis very useful to her, but it is not an object of a national cussed without arraying white labor against slave labor. character, nor one in which the other States have any The reduction of duties is said to involve the question; common interest. Instead of expanding the discretion of and it is openly maintained that it is not only within the the State Legislatures under this bill, as we have done by constitutional power of the Government to protect manuthe amendment of which I have spoken, it would have factures, but, because they are the productions of white been more conformable to the oath we took at that desk, labor, that it is also right and proper. Would it not, on so to have limited, as to have restrained it, if possible, to the same principle, be equally within the competency of objects purely national. It has been questioned by many the Federal Government, if the Southern people were to of the most sound and able politicians of the country, employ the labor of their slaves in manufactures, to give whether the General Government can make a canal or bounties, or lay discriminating duties, in favor of that road of any kind; it has been denied that, but for the portion fabricated by white men? Do not such argucompact with the new States, it could have made the ments involve the proposition that a pound of cotton, or a Cumberland road, extending through some half dozen of yard of cloth, is enhanced or diminished in value by the the States, and opening a channel of communication be- complexion of the laborers employed in producing them? tween the vast regions of the West and the Atlantic com- Such views may appear too monstrous and absurd to be mercial cities; yet we are called upon, by the proposed measure, to assert the power in this Government to descend to the most minute local objects which come within the sphere of State legislation.

ascribed to any individual on this floor, but they are, nevertheless, all implied in the single proposition that free labor ought to be protected and encouraged in opposition to slave labor. That doctrine has been repeatedly and Again, sir, suppose one of the purposes to which the openly avowed by members of this House. Indeed, the State Legislatures may think proper to apply this money argument has been openly maintained that slavery is inshould be the colonization of free persons of color, as ori compatible with the general welfare. If this doctrine be ginally intended-and there is nothing in this bill to pre-established, what more is necessary, with those who bevent it—I demand your authority, under the federal con- lieve that this Government can do every thing that will

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