JAN. 24, 1833.] Public Lands. [SENATE. So the substitute of the Committee on Public Lands was rejected. Mr. FORSYTH asked how many millions of acres this amendment would grant away? Mr. BENTON replied that the number granted to Ohio was one million six thousand acres. Mr. EWING explained the particular circumstances under which Ohio had received so large a grant. Mr. HENDRICKS suggested a modification, which was accepted by the mover, and made a few remarks in favor of the amendment. Mr. CLAY explained his reasons for opposing this amendment. question which was now at issue. It was not a question of taking the lands from the old States by the new ones. No such idea existed in the new States. It took no root Mr. BENTON then moved to amend the bill in the among the people when brought forward by some indivi- fifth section, by striking out the specific quantities of duals four or five years ago. It was then discountenanced, lands granted to the States named, and inserting a general as unfounded in itself, and prejudicial to the new States. proviso, that each of the other States named shall have To charge the new States with a 'design to seize upon as much land granted as will make each stand on an equal these lands, in order to justify the old States in seizing footing with Ohio. upon them themselves, was to aggravate injustice by calumny. The true question was one of the reduction of the price of the lands, and a graduation of the price according to the quality. This is what the new States demand; it is what President Jackson recommends; and it is what the Committee on Public Lands report in their amendment. The question lies between the plan recommended by the President, and the distribution plan proposed by the Committee on Manufactures; between the plan which would make the lands pay their own expenses; which would dispose of them to the people on equitable terms; which would fill the new States with freeholders, and give them in a reasonable time the use of all the territory within their limits for cultivation and taxation, and prevent them from being forever drained of their money to be expended in another quarter; the question lies between this wise, patriotic, and republican plan on one side, and between an unwise, unjust, and anti-repub-proposition. lican plan on the other side, to throw the expenses of the lands and the Indians on the custom-house revenue; to keep up many millions of unnecessary revenue on imports, to the discontent and peril of the Union; to fill the new States with tenants, and the old ones with paupers; to make the new States the everlasting tributaries of Mr. BENTON then addressed the Senate in support of countless millions to the old ones; and to gorge the high his motion to amend; after which, the question was taken, tariff States with the spoils of the West after having long fattened them upon the spoils of the South. This is the question now submitted to the Senate; and if the bill is not driven through at this session, it will be the question before the oppressed part of the American people--a question in which they will have justice and Jackson on their side; and in which victory will be true to them, if they are not false to themselves. The question being on the fourth and last section of the amendment, directing the Secretary of the Treasury, under certain circumstances, to discontinue and alter land districts- Mr. BLACK moved to amend the amendment, so as to leave it to the discretion of the Secretary of the Treasury to discontinue offices, instead of making it a duty obligatory upon him. This amendment to the amendment was agreed to. Mr. KANE briefly supported the amendment, when Mr. MOORE made some remarks in defence of the Mr. BUCKNER then spoke until six o'clock, in favor of the amendment. After Mr. BUCKNER had concluded, Mr. SMITH moved that the Senate now adjourn. Lost, yeas 16-nays 20. and decided as follows: YEAS.-Messrs. Benton, Black, Buckner, Dallas, Grundy, Hendricks, Hill, Kane, Moore, Robinson, Ruggles, Tipton.--12. NAYS.--Messrs. Bell, Calhoun, Chambers, Clay, Clayton, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Holmes, Johnston, Knight, Miller, Naudain, Poindexter, Prentiss, Robbins, Seymour, Silsbee, Sprague, Tomlinson, White, Wilkins, Wright.-26. So Mr. B.'s amendment was rejected. Mr. MOORE moved to amend the bill by requiring that the land granted to the State of Alabama should be applied in aid of the improvement of the navigation of the Tennessee and other rivers. This motion was supported by Mr. MOORE, and opposed by Messrs. KING and CLAY, and negatived. Mr. BENTON then moved to amend the bill by insert The question was then taken on the section as amend-ing, in the second section, a provision, that before any ed, and decided as follows: YEAS.-Messrs. Bell, Black, Chambers, Calhoun, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, Johnston, Knight, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Wilkins.-27. NAYS.—Messrs. Benton, Brown, Buckner, Forsyth, Grundy, Hill, Kane, King, Mangum, Miller, Moore, Robinson, Smith, Tyler, Waggaman, White, Wright.-17. The question then recurred upon the substitute reported by the Committee on the Public Lands, (in lieu of the original bill,) providing for a reduction of the price, and granting pre-emptions to actual settlers on the public lands; and was negatived, as follows: division of the proceeds, there should be a deduction of all the expenses of the administration of the public lands, of contracts made with the Indians, &c. Rejected, as follows: YEAS.--Messrs. Benton, Black, Brown, Buckner, Forsyth, Grundy, Hill, King, Mangum, Miller, Moore, Robinson, White, Wright.-14. NAYS.--Messrs. Bell, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, Holmes, Johnston, Knight, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Waggaman, Wilkins.—-24. Mr. FORSYTH asked if it was the wish of the friends of the bill to push it to a third reading. YEAS.-Messrs. Benton, Black, Brown, Buckner, Forsyth, Grundy, Hendricks, Hill, Kane, King, Mangum, Moore, Robinson, Smith, Tipton, White, Wright.-17. NAYS.-Messrs. Bell, Calhoun, Chambers, Clayton, Dallas, Dudley, Dickerson, Ewing, Foot, Frelinghuysen, Some discussion took place on this question, in which Holmes, Johnston, Knight, Miller, Naudain, Poindexter, Mr. FORSYTH, Mr. CLAY, and Mr. CHAMBERS took Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, part. Tomlinson, Tyler, Waggaman, Wilkins.-26. Mr. CLAY said it was their wish to do this. Mr. FORSYTH then moved to amend the bill in the second section by striking out the words "colonization of free persons of color." Mr. GRUNDY said, although he had been much in SENATE.] Constitutional Powers.-Public Lands. [JAN. 25, 1833. structed by the arguments which he had listened to in the dicted expressly by the letter of the constitution, unaucourse of the day, still it should not be forgotten that man could not live on speeches alone, and he would therefore move to adjourn. The motion to adjourn was lost. The question was then taken on Mr. FORSYTH's amendment, and decided as follows: YEAS.--Messrs. Benton, Black, Brown, Buckner, Dallas, Dudley, Forsyth, Grundy, Hill, Kane, King, Mangum, Moore, Robinson, Tipton, Waggaman, White, Wright.-18. thorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed;" that the people of these United States are, for the purposes enumerated in their constitution, one people and a single nation, having delegated full power to their common agents to preserve and defend their national interests for the purpose of attaining the great end of all government--the safety and happiness of the governed; that while the constitution does provide for the interest and safety of all the States, it does not secure all the rights of independent sovereignty to any; that the allegiance of the people is rightfully due, as it has been freely given, to the General Government, to the extent of all the sovereign power expressly ceded to that Government by the constitution; that the Supreme Court of the United States is the proper and only tribunal in the last resort for the decision of all cases in law and equity arising under the constitution, the laws of the United States, and treaties made under their authority; that resistance to the laws, founded on the inherent and inalienable right of all men to resist oppression, is in its NAYS.-Messrs. Bell, Chambers, Clay, Clayton, Dick-nature revolutionary and extra-constitutional; and that, erson, Dudley, Ewing, Foot, Frelinghuysen, Holmes, entertaining these views, the Senate of the United States, Johnston, Knight, Naudain, Poindexter, Prentiss, Rob- while willing to concede every thing to any honest differ bins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Waggaman, Wilkins.-23. NÄYS.--Messrs. Bell, Chambers, Clay, Clayton, Dickerson, Ewing, Foot, Frelinghuysen, Holmes, Johnston, Knight, Naudain, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Wilkins.-21. Mr. MANGUM then moved to strike out all the restrictions on the States, and asked for the yeas and nays, which were ordered; and the question being taken, was decided as follows: YEAS.-Messrs. Benton, Brown, Buckner, Dallas, Forsyth, Grundy, Hendricks, Hill, Kane, King, Mangum, Moore, Robinson, Tipton, White, Wright.--16. The bill being then reported as amended, and the amendments concurred in, the bill was ordered to be engrossed, and read a third time. At a quarter before eight o'clock, the Senate adjourned. FRIDAY, JANUARY 25. CONSTITUTIONAL POWERS. ence of opinion which can be yielded consistently with the honor and interest of the nation, will not fail, in the faithful discharge of its most solemn duty, to support the Executive in the just administration of the Government, and clothe it with all constitutional power necessary to the faithful execution of the laws and the preservation of the Union. PUBLIC LANDS. The bill appropriating, for a limited time, the proceeds of the sales of the public lands, &c. was read a third time. motion he was about to make should not be received as indicating any change of opinion on his part. He then moved to reconsider the vote of last evening, by which the Senate refused to strike out the words "colonization of free persons of color." Mr. CLAYTON rose for the purpose of submitting a Mr. WILKINS then rose and stated, that last evening, resolution for the consideration of the Senate. The gen- when some of the amendments proposed in the public tleman from South Carolina, near him, [Mr. CALHOUN,] lands bill were under consideration, several of the Senahad on Tuesday offered resolutions declaratory of the tors were absent. He was willing that in reference to powers of the Government and the States, which had one of these questions a fuller expression of the sense of been made the order of the day for Monday next. To the Senate should be taken; but he was desirous that the these resolutions the gentleman from Tennessee [Mr. GRUNDY] had proposed amendments, which were printed, and were to be moved again whenever the original resolutions should be considered. These amendments, while they declare the several acts of Congress laying duties on imports to be constitutional, and deny the power of a Some conversation took place on the point of order, single State to annul them, or any other constitutional and then on the propriety of the motion; and the question law, tacitly yield the whole doctrine of nullification, by being finally taken, the motion was decided as follows: the implied admission that any unconstitutional law may YEAS.--Messrs. Benton, Black, Brown, Buckner, be judged of by the State in the last resort, and annulled Calhoun, Forsyth, Grundy, Hill, Kane, King, Mangum, by the same authority. He dissented from this doctrine; Miller, Moore, Rives, Robinson, White, Wilkins, Wright. and if he had rightly considered the proposed amend--18. ments, it became his duty to place on record his own NAYS.-Messrs. Bell, Chambers, Clay, Clayton, Dalsentiments and that of the State he, in part, represented, las, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, on this most important subject, affirming the just powers Hendricks, Holmes, Johnston, Knight, Naudain, Poindex of this Government, and repudiating the whole doctrine ter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Smith, contended for and asserted in the resolutions of the gen- Sprague, Tipton, Tomlinson, Tyler, Webster--27. tleman from South Carolina. Differing on this subject, Mr. FORSYTH then moved to recommit the bill, with as he formerly had in debate here, from the gentleman instructions to strike out the words "colonization of free from Tennessee, he knew no middle ground on which people of color." In support of his motion, he said they could meet, no point of concession to which he many of the managers of the Colonization Society are should be willing to go, short of a full recognition of the well known and distinguished. At their annual meeting true principles of the constitution, as asserted in the re- there had been an evident wish manifested to turn the solution he was about to offer. He then submitted the attention of the public to the society, and enlist the Govfollowing resolution, which was read, laid on the table, ernment in its behalf. Two of our most distinguished and ordered to be printed for the use of the Senate: citizens, President Madison and Chief Justice Marshall, Resolved, That the power to annul the several acts of had expressed their views in relation to the Society. The Congress imposing duties on imports, or any other law of former had suggested an appropriation of the public the United States, when assumed by a single State, is lands to the objects of the society; but he also had "incompatible with the existence of the Union, contra- doubted the power of Congress to make it, and had pro JAN. 25, 1833.] Public Lands. [SENATE. posed that the constitution should be so altered as to con- On the question of recommitment, there were yeas 20, fer the power. Mr. Marshall was both in favor of the nays 23. appropriations, and deemed it now constitutional. But Mr. CALHOUN said that he rose to move the postMr. F. thought there was a general impression on the ponement of the bill until the first Monday in December minds of Congress that the Government does not possess next. In making this motion, he felt that the subject the power. He said the object of the bill was to do indi- was one of very deep interest. In proposing to postpone rectly what Congress felt it had not the power to do it until the next session, he wished to be understood as directly. If the bill pass, what will follow? The Colo- intending to intimate a desire on his part to use whatever nization Society has no official or political weight or im- influence he might have to adjust a question which had portance; and what will be the consequences of their already produced considerable agitation, and which must sending out fifteen hundred or two thousand colonists to continue to increase, until it became permanently settled. the coast of Africa? Every one may do as he pleases He could not yield his assent to the mode which this with regard to it in his individual capacity, but I desire bill proposed to settle the agitated question of the public that it may not be connected with the Government. lands. In addition to several objections of a minor chaThe Senator from Kentucky thinks it will perform racter, he had an insuperable objection to the leading wonders. The original object was to get rid of the free principle of the bill, which proposed to distribute the people of color; but that can be done without the aid of proceeds of the lands among the States. He believed it the Government. Now, sir, there is another project, to be both dangerous and unconstitutional. He could not and a very great one; one that is to command the approval assent to the principle, that Congress had a right to denaof all--the civilization of Africa. It is thought that this tionalize the public funds. He agreed that the objection can best be done by means of colonies. But look, sir, at was not so decided in case of the proceeds of lands, as in Liberia. Here I have a map of the territorial property, that of revenue collected from taxes or duties. The of the sovereign jurisdiction of the Colonization Society Senator from Ohio had adduced evidence from the deed of the city of Washington, by the Rev. J. Ashmun. of cession, which certainly countenanced the idea that [Here he read some remarks from the map, on the terri- the proceeds of the lands might be subject to the distritorial jurisdiction of the society.] Sir, this society goes bution proposed in the bill; but he was far from being beyond the European notion of acquiring jurisdiction. satisfied that the argument was solid or conclusive. If European sovereignties obtained it by discovery and pur- the principle of distribution could be confined to the chase; the society by purchase alone; and on this sole proceeds of the lands, he would acknowledge that his ground of sovereignty they were actually exerting their objection to the principle would be weakened. authority over twenty thousand people, and expect soon He dreaded the force of precedent, and he foresaw to exert it over one hundred and fifty thousand--the in- that the time would come when the example of the dishabitants of the territory which they hold, two hundred tribution of the proceeds of the public lands would be and eighty miles by thirty, over which their jurisdiction urged as a reason for distributing the revenue derived extends. Wars have been waged, and blood has been from other sources. Nor would the argument be devoid shed. In the early time of the colony it was attacked by of plausibility. If we, of the Atlantic States, insist that the natives, and three hundred were killed. The agent the revenue of the West, derived from lands, should be of the society has waged war; tribes and towns have been equally distributed among all the States, we must not be conquered; and the spoils divided among the victors. Sir, surprised if the interior States should, in like manner, in most cases of this kind, a claim would have been made insist to distribute the proceeds of the customs, the great on this Government for damages. If the colony were source of revenue in the Atlantic States. Should such a now attacked and destroyed by the resentment which it movement be successful, it must be obvious to every one, has provoked, no constitutional power of this Govern- who is the least acquainted with the workings of the ment could hinder its destruction. But if this bill pass, human heart, and the nature of Government, that nothing the Government will be involved in its defence. Europe would more certainly endanger the existence of the will not allow a colony in Africa thus to grow up and Union. The revenue is the power of the State, and to extend, unmolested, while under so feeble prohibition. distribute its revenue is to dissolve its power into its They will wrest it from the society, unless Government original elements. interposes. This bill is a commitment of the Government to protect the colony against all the world. The powers of Government were granted for no such purpose. Mr. F. concluded by saying, that he would dwell no longer on the subject, and that he would not believe that it was the wish of Government to do indirectly what it could not do directly. All must see and deplore the conflict of interest which had grown up under the system. In the West, there is the great question of the public lands. In the South, that of free trade. In the East, the tariff, or the protection of those interests which have grown up under the existing system of taxation. So there must be added a question of a more general nature, but not much less important. He Mr. TYLER remarked that there were two other pro- referred to the currency. The most unthinking must see positions quite as obnoxious to the constitution as the one that these great distracting questions endangered the exwhich had been noticed. Conferring on States the power istence of the Union itself. He knew not that it could and the means of internal improvement, and an appro-survive their shocks, but was satisfied that its security priation, through States, to education, he considered as would require an early adjustment. equally unconstitutional. If one was stricken out, he As to the particular question under consideration, he, was in favor of erasing the whole. He preferred that individually, would prefer an adjustment founded on the discretionary power of appropriation should remain in application of the proceeds of the lands to opening the the States. He moved to strike out the words designating great arteries of inter-communication between the parts of the three specific objects of appropriation. the country, in which the States where the lands are situated are more particularly interested. But in the present state of things, that would be impossible. The whole South, and particularly the State which he had the honor to represent, had insuperable constitutional objections, which ought to be respected. They could not be overcome but by an amendment of the constitution. He had been of opinion, for several years, that the wisest course, under our existing difficulties, would be to convene the Mr. FORSYTH withdrew his motion. Mr. CLAY asked a division of the question, so as first to consider the general question of recommitting at all. Mr. FORSYTH inquired whether it could be divided, under the circumstances of the case. The CHAIR decided that it could. A brief discussion ensued, until Mr. CLAY read from the rules a confirmation of the decision of the President. stockholders-to call a meeting of the States in convention-the very power which formed the system, and which alone had adequate authority to terminate these dangerous conflicts. He feared, however, that the course was too rational to be adopted; that passions and prejudices were too strong, at this moment, to act deliberately on this great subject. Still, he did not despair-time and reflection might do much; and as there could not be much danger from a delay of a few months, he had made the motion to postpone the subject until the commencement of the next session, when he would be prepared to use his hearty co-operation to bring the subject, if possible, to a satisfactory adjustment. MONDAY, JANUARY 28. [JAN. 28, 1833. The Senate, agreeably to the order of the day, proceeded to the consideration of the resolutions offered by Mr. CALHOUN, in reference to the powers of the General Government when in conflict with those of the States. The resolutions were read, and also the resolutions moved by Mr. GRUNDY by way of amendment or substitute therefor. When Mr. MANGUM rose and stated, that it was on his motion, some days ago, that these resolutions had been postponed, and made the order for to-day. The motives Mr. CLAY objected to the postponement. He saw no which had governed him, in making the motion at that sufficient reason for it. The Senate had been occupied time, operated on him at this moment to make a further for weeks in carrying the bill thus far; and if it were now postponement. He could not perceive that there was any postponed, there was no prospect that December next good which was likely to arise, either to the country, or would present circumstances any more favorable for its to the individual State which was immediately concerned, passage than those of the present time. If the Senate from the present discussion of the momentous principles should wait for a convention of the States, as suggested which were involved in these resolutions, and the only by the Senator, for a meeting of the stockholders of the effect of which would be to create an excitement mischie public lands, he feared it would be long, very long, be- vous in its tendency, and the issue of which could not be fore this bill would pass. [Mr. CALHOUN assented. The anticipated. It had been his hope that before this time Senator thinks that the Union cannot be preserved under there would have been a salutary action of the other such evils as this bill is calculated to bring upon the coun- branch of the Legislature, which would have dispensed try. Sir, I believe it is impossible to destroy the Union. with the necessity of any hasty action of this branch on a It is bound together by every consideration of principle subject of such vast importance. With a view to the reand mutual advantage. The suggestion of the Senator storation of tranquillity, he had hoped that the measure itself requires that the bill should go on this session. It now pending in the other House would have been by this is felt every where that no question is of more importance time brought to a happy result; and that by this result the than the public lands; and it is becoming every day more discontents which, in a particular manner, existed in one and more important. Sir, I congratulate you, the Senate, State of the Union, and which, in a less degree, prevailed and the country, that an amicable, propitious, and just into harmony. He was aware that, in a certain quarter, in many others, would have been conciliated and soothed settlement is in prospect, of this great question. Mr. C. inquired how this question would be settled there was a strong disposition to press upon the public next December? By appropriating the whole land reve-mind, and to bring to a conclusion, the vital question which nue to the purpose of internal improvement? But the now agitated the people. But having, as he believed he Senator himself had said that such an adjustment of the had, accounts of the movements in that quarter, on which question would never be acquiesced in by the South. he could place the most implicit reliance, he entertained What new mode of adjustment does he propose? Sir, the belief that there was no ground to apprehend any He still continued to hope, for let us take these great and important questions one by dangerous movements. one, and dispose of them in succession, without confusion. he yet preserved his confidence in the good feeling, the The subject of the public lands is now before us; let us justice, and the conciliating disposition of Congress, that settle it now. This bill may merge itself in internal im- the bill now pending in the other House would be passed provement; and if it pass, it may also settle that other without further delay, and that thus tranquillity would be great question. Every consideration of peace and harmo- substituted for the discontents which were now so prevany urge us to allay divisions now, and, above all others, lent; and cherishing this hope, he intended now to move the passage of this bill. to postpone the further consideration of these resolutions The Senator says the bill is unjust. I should like to hear and the amendment until Thursday next, and to make from him in what respect it is unjust. He says it is dan-them the special order for that day. He would state at gerous. Sir, we will endeavor to place this subject on this time, that if there should have been no special action safe ground. Both last session and this, particular care in the House upon this subject before that time, he should was taken to restrain the scope of the bill. It cannot be then be induced to move a further postponement of the applied to a distribution of the general revenue. But resolutions for a few days. He therefore expressed his even if it could, the precedent is already established. The hope that they who were understood to be the personal practice of such distribution of the general revenue has friends of the Executive would make exertions to bring been coeval with the Government. I hope there will be the matter to a peaceful issue, by urging the progress of a general acquiescence of the Senate in the passage of the bill which was now pending; and that they would not, the bill, that it may go to the House to meet its fate. I by pressing, at this moment, topics of so momentous a regret any disposition unnecessarily to retard its progress. character, evince a disposition to prevent the other branch The question of postponement resulted as follows: Yeas from having ample time for full deliberation and discus21-Nays 24. sion. He did not intend, by his motion, to cut off debate, or to prevent the final action of Congress on the resolutions, as well as on all the great subjects which had now been submitted for legislative deliberation. He would now move the postponement which he had indicated; and he The bill was then passed by the following vote: YEAS.-Messrs. Bell, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, Johnston, Knight, Poindexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlin-appealed to the gentleman from South Carolina to accede son, Waggaman, Wilkins-24. NAYS.-Messrs. Benton, Black, Brown, Buckner, Calhoun, Forsyth, Grundy, Hill, Kane, King, Mangum, Miller, Moore, Rives, Robinson, Smith, Tipton, Tyler, White, Wright--20. The Senate adjourned. to his proposition, and still to evince a disposition to trust that the sense of justice, and the love of peace and of union, would operate in Congress with such force, that all these exciting questions would be settled to the satisfaction and happiness of all. He then moved to postpone the further consideration of the resolutions and amend ments, and to make them the special order for Thursday next. Mr. FOOT suggested to the Chair that there had been offered by the Senator from Delaware [Mr. CLAYTON] another set of resolutions, as an amendment to the amendment offered by the gentleman from Tennessee, which were also ordered to be printed. He asked for the reading of these resolutions. [SENATE. hands, that he would withdraw the amendment which he had offered as a substitute for his resolutions. The State of South Carolina, acting in her sovereign capacity, and in defiance of the rights reserved to her by the constitution, had found it necessary to annul an act of Congress. The President of the United States, considering the State as a mere mass of individuals, assuming to exercise rights to which they were not entitled, had recommended to Mr. CLAYTON rose, and requested the Senator from Congress the adoption of certain measures; and to this North Carolina to withdraw his motion to postpone, in recommendation the Committee on the Judiciary had order to allow him the opportunity of offering, by way of responded. He, standing there as one of the represenamendment, the resolutions which he had already laid on tatives of the State of South Carolina, most unworthy to the table. represent her at such an awful crisis, had submitted a Mr. MANGUM withdrew his motion. series of propositions, with a view to bring the true quesMr. CLAYTON then moved to amend the amendment tion at once before the world. He had drawn up these offered by Mr. GRUNDY, by inserting the resolutions resolutions with the utmost care, and with the most scruwhich he had laid before the Senate on Friday last. He pulous attention to the meaning of the language; he had expressed his entire acquiescence in the motion to post- not admitted a proposition which was not true--he did pone; and one of his reasons for this acquiescence was, not intend to say merely which he did not think to be that, standing among the resolutions, if this subject were true, but which was not actually true. This, then, was the now to be taken up for discussion, it must, of necessity, plea in bar which he had put in on the part of South give way at one o'clock to the special order of the day; Carolina. He had interposed between the President of and he wished that a debate so important in its character the United States and the State of South Carolina this should be uninterrupted. plea in bar. Mr. MANGUM now renewed his motion to postpone. He had interposed the constitution between South In doing this, he expressed a hope that the gentleman Carolina and the bill which had been reported by the from South Carolina would not suppose that he had any Committee on the Judiciary, at the recommendation of the desire to give the go-by to his resolutions, or to prevent Executive-a bill which he viewed as worse than an them from being submitted for the solemn deliberation of abomination--a bill to create a dictator, to erect a military the Senate. despotism, and, let it be disguised as it might, to make Mr. WEBSTER then rose and said, that, for one, he war upon a sovereign State. As the plea of South Carowas disposed to allow the gentlemen from South Carolina lina in bar against this bill, he had interposed that sacred-to select their own time for the consideration of these re- did he say sacred?--No, no, that despised instrument, the solutions; and, so far as they were concerned, he would constitution, in the hope that it might arrest the step of be entirely unwilling to interrupt any arrangement which unhallowed power, and bring back the measures of the might be made between the Senator from South Carolina General Government to the limits of constitutional right. and the gentleman from North Carolina. But if he rightly And how had he been met, when he put in their plea? understood the motives by which the Senator from North Instead of being met by a plain and manly denial of the Carolina had avowed himself to be actuated, the very facts stated in his resolutions, another plea had been put same motives which now operated upon him to move the in, in opposition to his; and the result was, that they must postponement of these resolutions, might, in ten minutes be both considered in conjunction with each other, and more, when the special order should be taken up, induce that thus his propositions would not be disposed of in rehim to move also the postponement of the bill. He per- ference to the single principles which they declared. ceived that he did not misunderstand the object of the There never was an individual, however culpable, who, honorable Senator; and if that gentleman should make standing in the situation of a common culprit, whatever such motion in reference to the bill, he, for one, would the nature of his crime, was not allowed, as a matter be found voting in opposition to the motion. It was his of right, to put in his own plea. But, in this case, the wish to go at once into the consideration of these import- plea of a sovereign State of the Union was overlaid by ant topics, and not to shun or to postpone the discussion. another plea, with a view to prevent a judgment on its He would himself prefer that the resolutions and amend- merits. He demanded, therefore, of the Senator from ments should be made the special order of the day, so Tennessee to withdraw his amendment, in order that the that they might be taken up and discussed in connexion question might not be subjected to embarrassment and with the bill itself, and thus the widest range of debate difficulty, but that it might be taken on the facts laid would be opened. But in that view, also, he had the ut- down in the resolutions, and with a view to the argument most disposition to defer to the wishes of the gentleman by which those facts were to be sustained--facts and from South Carolina. Should it be the desire of that arguments which were so clear that no one could entergentleman that the subjects be taken up for consideration tain a doubt respecting them. He concluded with a reseparately, and apart, he would at once yield his own in- quest that the Senator from Tennessee would withdraw clinations. But he could not consent to postpone the his amendment. discussion of the bill until Thursday. If the gentleman Mr. GRUNDY said that he never in his life had felt an from South Carolina desired to postpone the consideration unwillingness to do an act of justice; but that the concluof the resolutions, and to go at once into deliberation on the provisions of the bill, that gentleman should have his vote in carrying his wishes into effect. sion as to what was an act of justice, must, in some degree, be decided by his own judgment. The gentleman. from South Carolina had introduced certain resolutions which coincided with the particular views of the State which he represented. Mr. CALHOUN suggested that perhaps the object of all might be accomplished, were the gentleman from North Carolina so to modify his motion, as merely to Mr. CALHOUN explained--which stated the views on postpone the further consideration of the resolutions which the State of South Carolina had acted; and which, until to-morrow. He understood the Senator from North if true, must be received as a complete bar to the bill. Carolina as signifying his assent to this suggestion. Mr. GRUNDY resumed, stating that he had introduced But before he resumed his seat, he had to make a re-his views, differing from those of the gentleman from quest of the Senator from Tennessee, as an act of justice--South Carolina, in the shape of an amendment to the a sheer act of justice--which he had a right to claim at his original resolutions. He considered this course as strictly |