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SENATE.]

Caln Quarterly Meeting Memorial-Speculation in Indian Claims.

[JAN. 11, 1836.

Mr. KING, of Alabama, could see no difference between discussing the question on this or on the former petition. The language of this memorial, indeed, being more respectful, there seemed to be a propriety to confine the debate to it, rather than to extend it on the other, the words of which were calculated to produce so much bitterness and excitement.

Mr. WEBSTER hoped that the Senator from Penn

tween the course he (Mr. C.) had pursued, and the one the Senator recommends. A reference of these petitions is not necessary to give jurisdiction to the Committee for the District, in order to bring out their opinion and that of the Senate on the highly important point on which the Senator anticipated so much unanimity. A resolution may be moved expressly denying the pow er of Congress, and referred to the committee; and, if no other should move it, he (Mr. C.) would, if accept-sylvania would not take a course by which all the ordiable to the Senator from Virginia. So far from the two courses being incompatible, they were, in his opinion, in perfect harmony, and, together, formed the true course. Let the Senate, by a unanimous rejection of these vile slanders on the slaveholding States, show a just indignation at the insult offered them; and let it be followed by the passage of a resolution, with like unanimity, denying the power of Congress to touch the subject of emancipation in this District; and much, very much, would be done to put down agitation, to restore confidence to the South, and preserve harmony to the Union.

The question of postponement till Monday was then determined in the affirmative.

On motion of Mr. WEBSTER, it was

nary business of the morning would be obstructed, and that the consideration of this memorial would be deferred until the other petitions had been received.

Mr.CALHOUN thought the debate which commenced on Thursday ought to be resumed and continued. He saw no reason why this memorial should take priority over the one presented from Ohio; why we should break away from that petition to receive this, merely because the language in which it was couched was respectful; that is, as respectful as could be expected. For, however temperate it might seem, the same principle was imbodied in it; and the inuendoes conveyed were as far from being acceptable as the barefaced insolence of the other. He hoped the debate would go on on the first petition; that the question would be met manfully; and

Ordered, That when the Senate adjourn, it adjourn that, at the same time, we should not encroach upon the to meet on Monday.

The Senate then adjourned.

MONDAY, JANUARY 11.

The honorable A. CUTHBERT, from Georgia, appeared and took his seat.

CALN QUARTERLY MEETING MEMORIAL. After the reception of sundry executive communications and memorials,

Mr. BUCHANAN said he was now about to present the memorial of the Caln quarterly meeting of the religious society of Friends in Pennsylvania, requesting Congress to abolish slavery and the slave trade in the District of Columbia. On this subject he had expressed his opinions to the Senate on Thursday last, and he had no disposition to repeat them at present. He would say, however, that, on a review of these opinions, he was perfectly satisfied with them. All he should now say was, that the memorial which he was about to present was perfectly respectful in its language. Indeed, it could not possibly be otherwise, considering the respectable source from which it emanated.

It would become his duty to make some motion in regard to this memorial. On Thursday last he had suggested that, in his judgment, the best course to pursue was to refer these memorials to a select committee, or to the Committee for the District of Columbia. thought so; but he now found that insurmountable obstacles presented themselves to such a reference.

He still

In presenting this memorial, and in exerting himself, so far as in him lay, to secure for it that respectable reception by the Senate which it deserved, he should do his duty to the memorialists. After it should obtain this reception, he should have a duty to perform to himself and to his country. He was clearly of opinion, for the reasons he had stated on Thursday last, that Congress ought not, at this time, to abolish slavery in the District of Columbia, and that it was our duty promptly to place this exciting question at rest. He should therefore move that the memorial be read, and that the prayer of the memorialists be rejected.

Mr. PRESTON said that the question was already raised by his colleague, and he trusted that the Senator from Pennsylvania would not urge any action on this petition until some disposition was made of the one presented on Thursday by the gentleman from Ohio.

hour which ought to be devoted to other business.

Mr. KING, of Alabama, said his object was to avoid excitement. The object of the petitioners in both memorials was the same. It intends the abolition of slavery and of the traffic in slaves in the District of Columbia. He had no wish to shrink from the question; on the contrary, he was desirous of giving a direct vote. Let the motion of the Senator from Pennsylvania prevail, and certainly the object of the gentleman from South Carolina would be attained. It would say to all who hold the same sentiments with these petitioners, that no further action would be had on any similar memorials, except merely to read and to reject them. He had hoped that this session would pass away without any additional excitement. But the legislation here upon the subject had produced tenfold agitation. Suppose you reject the petition from Ohio because the language is disrespectful, will that put an end to this excitement? Any man must be blind not to see that an impression, and a well-founded one, would go abroad that it was not received on that account merely, and that legislation was had on it in reference only to the language in which it was couched. The course pointed out by the Senator from Pennsylvania puts an end to all this. It says distinctly, we will reject what we will not, cannot, ought not to receive. He had no disposition and no intention to take any part in the debate. He should give a silent

vote.

Mr. CLAY said that he had not risen to take a part in the principal question. He did not think, however, that these petitioners ought to have any monopoly of the time and attention of the Senate. He could not consent to it. He had a motion himself which he wished to present, and to which he attached much importance. He should therefore move that this whole matter be laid on the table, at least until the necessary business of the morning be got through with.

The question being taken, the memorial, &c., was ordered to lie on the table.

SPECULATION IN INDIAN CLAIMS.

Mr. BLACK said he had received, and would take this occasion to present, a memorial from a number of the citizens of Mississippi, residing in the northern part of that State, on an important subject. It related to extensive frauds said to be about to be practised on the Government in relation to the public lands, involving, as the memorialists suppose, at least the quantity of upwards

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of two millions of acres of public land. He was informed that there was much excitement on the subject in that State, and that other memorials would be forwarded, numerously signed. It appears by the treaty of Dancing Rabbit creek, that, to each Choctaw head of a family desirous of remaining and becoming citizens of Alabama or Mississippi, a reservation was made of six hundred and forty acres of land, to include improvements, and to each child a less quantity, adjoining the improvement of the parent; the land to be patented to claimants after a residence thereon of five years. It was made necessary, under the 14th article, which contains this provision, that all intending to avail themselves of this advantage should record their names with the Indian agent within six months after the making of the treaty. This register was kept by the agent at that time, (Colonel Ward,) but it appears that, by mistake, some names were omitted, or, if recorded, the register has been mutilated. The memorialists state that some speculators, seizing upon the advantage which this circumstance afforded, have gone to the Indians who have removed beyond the Mississippi river, and have procured, for a trifling consideration, very numerous claims, to be preferred, sufficient to cover all, or nearly all, the good land remaining. He was informed that some of these gentlemen, speculating on these claims, no doubt from "patriotic motives," had sold out their chances for immense sums. He was also informed that, seizing upon the advantage of the fact that these lands had been reserved from the late sales, they were endeavoring to exact large amounts from the settlers to quiet their possessions, and secure their homes, under the apprehension that these claims will finally be made good. Mr. B. said he had no doubt there were some few cases in which individuals among the Choctaws had suffered detriment by their names not appearing in the register kept by the agent, who have conformed to the requisitions of the treaty; but he had no doubt that those cases were very few indeed, and those should meet, when presented, with the favorable attention of Congress. What he desired at present was, to put all on their guard against these claims, and to prevent the innocent settlers from being taken in by them. They must come into the action of Congress; and while he was ready to do justice to the meritorious claims, he would at the same time say it was his firm conviction that few, very few, will be found to be of that character. He would advise the settlers, therefore, against causeless apprehension, and all especially against dealing in such improbable chances. Mr. B. said he had been informed that one hundred sections had been reserved at a single land office, without any power so to reserve. The land should, after having been proclaimed, have been sold.

As to the direction which this memorial shall take, he remarked that he was not altogether sure that it properly belonged to the Committee on Private Land Claims. He did not desire the investigation in which these claims would probably involve the committee; yet, if the Senate thought that the proper direction, he was ready to undertake it, and they should be subjected to the strictest scrutiny. They cannot be passed without legislative action, and none of them shall pass until, after the fullest investigation, they shall be found to be just.

After a few words from Mr. KING, of Alabama, inaudible to the reporters, from the loud conversation in the privileged seats,

Mr. CLAY expressed his gratification that the Senator from Mississippi had brought forward this subject; and stated that he had received accounts of extensive frauds said to have been committed under the Choctaw treaty. It had even been said that the extent of these frauds would amount to ten millions of dollars out of

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the public lands. It was said these frauds had been the result of misconstruction of the President's language, and he wished it may turn out so. But he hoped, to whatever committee the subject might be referred, that every effort would be used to bring these nefarious culprits before the world, and to hold them up to the indignation they deserve for having attempted to commit so outrageous a robbery on the public property. From what he had gathered, there had been no project since the famous Yazoo business, which had been so nefarious as the schemes which had been carried on in Mississippi, and he hoped every pains would be taken to ferret out the abuse.

Mr. WHITE, of Tennessee, made a few remarks on the subject. He said he was led to believe, from information which had reached him, chiefly through the newspapers, that a plan had been laid for an immense speculation, under cover of the Indian treaty referred to; in pursuance of which, the claims that might be allowed to certain Indians under the treaty, to a very large amount, had been bought up by individuals. His belief was, that claims of this kind had been purchased up, by using the names of the Indians, but entirely for the benefit of other persons. The Government, (Mr. W. said,) in his opinion, lay under a high responsibility to protect the Indians in the rights reserved by the treaty. By this speculation in the contingent claims of the Indians, if sanctioned by Congress, great injustice would be done to them. He hoped, he said, that not a claim of this description would be allowed until it was ascertained that the whole amount of it would enure solely and exclusively to the benefit of the Indian entitled to it. So far as he was concerned, as a member of the committee to whom it was proposed to refer this subject, he wished to be understood that he would not consent that any man but an Indian should enjoy the benefit of any one of these claims. No white man should, with his consent, enrich himself by the beggary of those people, whom he considered peculiarly under the guardianship of the United States.

Mr. WEBSTER remarked that the fame of these speculations had reached the State in which he resided. These reservations had been made in the expectation that they would be productive of substantial benefits to the Indians. It seemed, however, that the substantial benefits had been in another quarter. He wished to know if he had understood that these grants, obtained by the speculators, would require the sanction of Congress to make them valid. if so, he was very glad to hear it.

Mr. BLACK, in explanation, stated that some of the grants were registered in the proper manner, and belonged to the Indians, and he hoped these would not be prejudiced. Others would require the sanction of Congress.

Mr. KING, of Alabama, stated (as well as he could be heard) that, owing to the negligence of the agent, or by some means, some of those who were regularly registered had not received their lands. The evidence of their claims was ordered to be presented to Congress at the last session, but was not sent; and as the acting agent had gone on to render the sales, he hoped none of those who had legally availed themselves of the provisions of the treaty would be injured. The claim of a white citizen ought not to be disallowed, if it should be found that the Indians received all the advantages guarantied to them by the treaty.

Mr. WHITE briefly explained that, under the fourteenth article of the treaty, no Indian was to receive a patent for his land unless he had resided on it for five years. He wished it to be understood that he did not intend to give any opinion on these claims in advance. There were none presented to be relied on, on which

SENATE.]

Abolition of Slavery--Sufferers by Fire in New York.

to found an opinion. But, as one of the Committee on Indian Affairs, he was determined not to permit any location of a white citizen unless he was satisfied that the full benefit of the reservation had resulted to the Indian.

The petition was then referred to the Committee on Private Land Claims.

SUFFERERS BY FIRE IN NEW YORK.

Mr. WEBSTER, from the Committee on Finance, reported a bill for the relief of the sufferers by the fire in the city of New York; which was read twice.

Mr. W. stated that he should ask the Senate to act on this bill at an early day, perhaps to-morrow.

SUPPRESSION OF INDIAN HOSTILITIES. Mr. WEBSTER, from the Committee on Finance, reported a bill making appropriation for suppressing the hostilities with the Seminole Indians, with an amend

ment.

Mr. W. explained briefly the necessity for acting on this bill at once, and stated that the amendment increased the appropriation from 80,000 to 120,000 dollars.

The amendment was ordered to be engrossed, and the bill to be read a third time.

THE UNITED STATES AND FRANCE.

Mr. CLAY rose and said it must be obvious to every observer of passing events, that our affairs with France are becoming every day more and more serious in their character, and are rapidly tending to a crisis. Mutual irritations are daily occurring, from the animadversions of the public press, and among individuals, in and out of office, in both countries; and a state of feeling, greatly to be deprecated, if we are to preserve the relations of peace, must certainly be the consequence.

[JAN. 12, 1836.

has not, however, done so; and probably will not, without a call from the Senate.

Mr. C. then offered the following resolutions, which lie upon the table for one day:

Resolved, That the President be requested to communicate to the Senate (if it be not in his opinion incompatible with the public interest) whether, since the termination of the last Congress, any overture, formal or informal, official or unofficial, has been made by the French Government to the Executive of the United States, to accommodate the difficulties between the two Governments respecting the execution of the convention of the 4th day of July, 1831; and, particularly, whether a despatch from the Duc de Broglie, the French Minister of Foreign Affairs, to the French chargé de affaires at Washington, was read, and the original or a copy of it furnished by him to the Secretary of State, for the purpose of indicating a mode in which those difficulties might be removed.

Resolved, also, (under the restriction above mentioned,) in the event of any such overture having been made, that the President be requested to inform the Senate what answer was given to it; and if the original or a copy of any such despatch were received, that he be further requested to communicate a copy of it to the Senate. DISTRICT BANKS.

Mr. BENTON's resolution to appoint a special committee on the banks of the District of Columbia was taken up; when

Mr. SOUTHARD made some observations in opposition to a special committee, intimating that the Committee for the District of Columbia might be instructed to make the inquiries.

After a few words from Mr. BENTON, in reply,

Mr. SOUTHARD stated that he wished to prepare an amendment, and moved to lay, for the present, the resolution on the table; which motion was agreed to. SLAVERY IN THE DISTRICT OF COLUMBIA. The motion of Mr. CALHOUN, not to receive the petitions from Ohio, coming up in order,

Mr. LEIGH said he proposed to make some remarks, and moved to postpone the subject until to-morrow; which was agreed to.

According to the theory of our constitution, our diplomatic concerns with foreign countries are intrusted to the President of the United States, until they reach a certain point involving the question of peace or war, and then Congress is to determine on that momentous question. In other words, the President conducts our foreign intercourse; Congress alone can change that intercourse from a peaceable to a belligerent one. This right to decide the question of war carries along with it the right to know whatever has passed between our own Executive and the Government of any foreign Power. No matter what may be the nature of the correspondence-whether official or not-whether formal or informal-Congress has the right to any and all informa-ported without amendment, after some remarks from

tion whatever which may be in the possession of the other branch of the Government. No Senator here could have failed to have been acquainted with the fact that the contents of a most important despatch or document has been discussed, and a most important overture canvassed in the different newspapers--in private and political circles-by individuals: every body, in fact, knows what has taken place, except the Congress of the United States. The papers friendly to the administration--indeed, the whole circle of the American press--are in possession of the contents of a paper which this body has not been yet allowed to see; and I have one journal, a Southern administration journal, before me, which states a new and important fact in reference to it. I have said that our situation with France grows every day more embarrassing--the aspect of our relations with her more and more dark and threatening. I could not, therefore, longer delay in making the following motion. I should have done so before, but for a prevalent rumor that the President would soon make a communication to Congress, which would do away the necessity of the res olutions which I now submit, by laying before Congress the information which is the object of my motion. He

EXECUTIVE PATRONAGE.

The special order, being the bill to repeal the 1st and 2d sections of an act to limit the terms of office of certain officers therein named, was taken up; and the bill was considered as in Committee of the Whole, and re

Mr. CALHOUN and Mr. CUTHBERT.

question of the engrossment of the bill, and they were
Mr. WRIGHT asked for the yeas and nays on the
ordered accordingly.

the bill for a third reading, and decided as follows:
The question was then taken on the engrossment of

YEAS-Messrs. Benton, Black, Calhoun, Clay, Clay-
ton, Crittenden, Ewing, Goldsborough, Kent, King of
Georgia, Leigh, McKean, Mangum, Moore, Naudain,
Tyler, Webster, White-24.
Prentiss, Preston, Robbins, Southard Swift, Tomlinson,

NAYS--Messrs. Brown, Buchanan, Cuthbert, Grundy,
Hendricks, Hill, Hubbard, King of Alabama, Knight,
Linn, Morris, Niles, Robinson, Ruggles, Shepley, Tall-
madge, Wall, Wright-18.
The Senate then adjourned.

TUESDAY, JANUARY 12.

SUFFERERS BY FIRE IN NEW YORK. On motion of Mr. WEBSTER, the Senate proceeded to consider the bill for the relief of the sufferers by the fire in the city of New York.

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opinions he entertained, to give his support to the present motion.

The Senate has by voting to receive this petition, on the ground on which the reception was placed, assumed the principle that we are bound to receive petitions to abolish slavery, whether in this District or the States; that is, to take jurisdiction of the question of abolishing slavery whenever and in whatever manner the abolitionists may think proper to present the question. He considered this decision pregnant with consequences of the most disastrous character. When and how they were to occur it was not for him to predict; but he could not be mistaken in the fact that there must follow a long train of evils. What, he would ask, must hereafter be the condition on this floor of the Senators from the slaveholding States? No one can expect that what has been done will arrest the progress of the abolitionists. Its effects must be the opposite, and instead of diminishing must greatly increase the number of the petitions. Under the decision of the Senate, we of the South are doomed to sit here and receive in silence, however outrageous or abusive in their language towards us and those whom we represent, the petitions of the incendiaries who are making war on our institutions. Nay, more, we are bound, without the power of resistance, to see the Senate, at the request of these incendiaries, whenever they think proper to petition, extend its jurisdiction on the subject of slavery over the States as well as this District. Thus deprived of all power of effectual resistance, can any thing be considered more hopeless and degrading than our situation; to sit here, year after year, session after session, hearing ourselves and our constituents vilified by thousands of incendiary publications in the form of petitions, of which the Senate, by its decision, is bound to take jurisdiction, and against which we must rise like culprits to defend ourselves, or permit them to go uncontradicted and unresisted? We must ultimately be not only degraded in our own estimation and that of the world, but be exhausted and worn out in such a contest.

Whatever may be the feelings of others, he, for one, if he stood alone, would not give his countenance to so dangerous an assumption of jurisdiction in any manner or form whatever. To vote for the motion now pending would, in his opinion, give such countenance; and, if he had no other reason, would prevent him from giv. ing it his support.

But he had other reasons. In his view of the subject, the vote to receive gave a fatal stab to the rights of the people of the slaveholding States, as far as it could be given here; and the present motion was vainly intended to pour a healing balm into the wound. So far from doing good, it can but do mischief. It can have no influence whatever in stopping the mischief at the North, while it is calculated to throw the South off its guard. Thus viewed, he was compelled to say that the very worst possible direction has been given to the subject, | as far as we were concerned, and that in voting for the present motion we would increase rather than diminish the mischief. What the votes of Senators from other quarters would not be able to effect standing alone, to create a false security among those we represent, might be effected with the aid of ours.

Entertaining these views, it was impossible for him to vote for the motion. But could he vote against it? No. It would put him in a false position, which he did not choose to assume. With these alternatives there was but one course left for him to pursue, consistently with his sense of duty-to abstain from all participation in the further progress of this question.

Mr. KNIGHT said: The vote that I shall give on this question may be different from the vote of many of my friends here, and probably variant from the expectations

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of some of my constituents. I will therefore state one reason, and one only, that governs me in the vote I shall give. The petitioners pray for two things in their memorial: one the abolition of slavery; and the other a suppression of the slave trade in the District of Columbia. Now, sir, believing as I do that there is a slave trade carried on in this District which I believe improper, unjust, and inhuman, and ought to be suppressed, and, were it examined and brought to light, would not be justified by any Senator on this floor, I cannot vote to reject the petition. I would have preferred its reference to a committee, and to have this slave trade inquired into, and the facts reported to the Senate; but as no Senator has moved its reference, I will not at this stage of the business make the motion, but will content myself with voting against the motion of the Senator from Pennsylvania, which is, to reject the prayer of the petition.

Mr. PRESTON said: No one, Mr. President, deplores more than I do the fact that the Senate has taken jurisdiction of these petitions, so far as to receive them. I opposed the reception of them as strenuously and as zealously and as perseveringly as I could; and I endeavored to warn the Senate of the disastrous consequence which might result from giving even thus much counte nance to the petitioners. I was overruled; and it is a matter of additional regret that I was overruled by the vote of one half of the representation of my own section and interests. I am sorry, sir, that the Senate has received these petitions; but, having done so, what is now my duty? On this question I do not hesitate. I wished the strongest action against the abolitionists. Failing in that, I shall go for the next strongest. I might conceive a case in which the Senate could adopt or discuss a course of action upon this subject that would make it my duty not to participate in its councils; and if such a case should occur, I will withdraw myself from the body, and take advice of my constituents. But as long as I remain a member of this body, I shall feel myself specially called upon to give my most anxious attention to the progress of its deliberations upon these petitions. I shall continue to warn gentlemen of the dangerous ground upon which they are adventuring. I shall continue to proclaim the duties of this Government and the rights of my constituents. I will let it be known by my declarations, and by the record of my votes, that I have endeavored, to the last, to give such shape to your proceedings as to avert, as far as practicable, the calamities with which I deeply fear the agitation of these questions is pregnant. I vote for the rejection of the prayer of these petitions, as the strongest expression of disapprobation now left to us to give to them.

Mr. DAVIS, of Massachusetts, said he had been a silent but he hoped not inattentive listener to the debate. It had been his purpose not to engage in it, if his votes could be made intelligible without. He had, however, last evening felt the necessity of some explanation, and had resolved to make it this morning; but, suffering as he then was under indisposition, he could not venture upon the task further than to state, in as few words as possible, the principles upon which he should record his vote on the question now to be taken.

This question is now considered momentous, but, in his humble opinion, it had acquired an importance in this place which it did not deserve. The subject had called to its investigation the talents, wisdom, and singular eloquence, of this enlightened and distinguished body. The fervid animation which had pervaded the debate had kindled a zeal, an ardor, in the minds of the gentlemen, until the subject had been wrought up into its present apparently grave and important character.

But he would call the attention of the Senate back for a moment to the proposition actually before it, And

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what was it? A few persons, represented as humble but respectable individuals of the religious sect called Friends, had presented here their petition, in unobjectionable language, requesting Congress to inquire into the propriety of abolishing slavery-where? Yes, where? Not in the States of this Union; they have not invited a consideration of that matter, nor alluded to it; they have nowhere touched that disturbing topic, or claimed any right for this Government to interfere with it; but they ask you to turn your eyes upon this District of Columbia-this ten miles square-over which you exercise exclusive legislative power; and here, in this place, and in this place alone, to do two things: to abolish slavery, and to suppress the slave trade. This was all. And yet it seemed to him as if, through the whole debate, the subject had been argued and the petition treated as if it demanded the abolition of slavery in the several States, by an act of this Government. It was this, and this alone, which drew to it the all-absorbing interest which appeared to pervade some minds. How had this petition, thus limited in its objects, been treated? The petitioners were met at the door with a proposition to shut it in their face, and to forbid their entrance. great and strenuous effort was made, and, I doubt not, with sincerity of purpose, believing it to be useful, to repel them, to send them away with a stern denial of their right to address this body. The debate had been long, ardent, and imposing, and, at its termination yesterday, a vote was taken which overruled the motion to reject, and the petition is now rightfully brought into the custody of the Senate. This vote seemed to decide that it contained matter suitable for this place, and proper to be here considered. The question then arose, what was to be done with it? The Senator from Pennsylvania, [Mr. BUCHANAN,] his worthy friend, had, in an early stage of the proceedings, intimated his purpose of moving to reject the prayer of the petition; in other words, that the Senate would not legislate upon the abolition of slavery, or the suppression or modification of the slave trade in the District of Columbia. He gave the honorable Senator all credit for the ability with which he had sustained the motion, for the purity of purpose which had induced him to offer it, and for sincerity, when he had repeatedly declared his object to be to restore peace and harmony, by discountenancing such petitions. If he concurred in that opinion, if he thought that would be the consequence, he would cheerfully give the measure his support. But, after considering the matter, with an anxious and sincere desire to co-operate with the mover, he was obliged, in the conscientious discharge of his duty, to separate from him; and he had risen to state his reasons for doing so, and it should be only a simple statement. The first motion was out of the usual course of legislation. It was a sudden, prompt denial of a right to appear, and seemed designed rather to deter than to conciliate the petitioners. The second was alike unusual; for, while it admitted the right to appear, it denied the right to a deliberate hearing, and differs more in form than in substance.

The Senator from South Carolina [Mr. CALHOUN] had just informed us that the slaveholders entertained the opinion that Congress had no constitutional power to touch slavery in the District of Columbia. It would be folly for him (Mr. D.) to attempt to disguise the fact that a vast majority of the people of the free States entertain exactly the opposite opinion. He did not remember to have heard this doctrine advanced before this debate, either here or elsewhere, although petitions had been sent here at every session, and sometimes debate had arisen upon them. What, he would ask, was the fair interpretation of the vote taken here yesterday, by which this petition was received by an overwhelming majority? Was it not declaring that it con

[MARCH 11, 1836.

tained matter fit for the consideration of Congress? Would not the petitioners and the public understand by that vote that slavery here and in the States, in the judgment of the Senate, stands on a different footing in regard to Congress? That the Senate had agreed to act on the subject by considering it, because it had constitutional power so to do? It was not a direct decision of that question, but it was so by implication.

In view of this state of public opinion as to constitutional power, and of this decision made here, he had endeavored to think, with the Senator from Pennsylvania, that his motion was judicious, and would accomplish his purpose of tranquillizing public sentiment; but, when he saw this great and uniform current of public opinion on the question of right, he thought there should be some urgent emergency to justify a refusal to consider the subject, and to let it pass through the usual forms of deliberation. The measure was characterized here as it would be elsewhere. It had been said and reiterated on this floor, "let us receive the petition, and then treat it with the contempt it deserves, by an instant rejection of the prayer." What was he to understand by this? He made the inquiry in no invidious or reproachful sense, for he believed gentlemen uttered the sentiments in their minds, and gave to the measure the character which they conceived belonged to it. But what was he to understand? Just what the public would understand: that there was a purpose of rejection without deliberation; that, from this decision, petitioners might consider it hopeless to come here, because they would understand the determination of this body as inexorable, both in regard to abolition and the traffic in slaves in this District as a market.

He was not prepared to embrace this broad proposition, for it combined too many grave matters; nor did he like it in other respects, as it seemed to him to be designed only for extraordinary cases. It was like rejecting a bill on its second reading, which he had never known done but once, and then because it was deemed vexatious; and he at that time thought it a harsh, inexpedient measure, characterized rather by resentment than deliberation. Every thing had conspired to convince him that, if the Senate would give power and efficacy to their vote, if they would satisfy a reasoning public of their wisdom and prudence, they must do it by showing that public that they had treated the subject calmly, dispassionately, and with reference to the whole country. Why, he asked, do you have standing committees? Why a rule that all subjects—yes, all subjects-shall be referred to them? Why do you require these committees to examine and report upon the matters intrusted to them? Why have a rule which requires each and every bill to be read on three different days before it can be passed? It is to secure deliberation; it is that this body may be what it is called--a deliberative body, acting in the great matters confided to it with a calm consideration which ought to secure public confidence and respect. In his opinion, this subject, which had been wrought up into one of exciting magnitude, demanded cool, dispassionate consideration, and ought to have taken the usual course of other matters. He would have moved the commitment of the petition to the Committee for the District of Columbia, but there was little hope of carrying it, and he was, besides, unwilling to embarrass the motion of the Senator from Pennsylvania, which he seemed to have much at heart.

He had spoken of this petition as if it stood forth here like the other business before them, having supporters to press it forward; but this motion to reject was a vol untary motion; yes, a voluntary motion. And what, he asked, do I mean by that? He meant that no one had risen here, or in the other House, to advocate the prayer of the petitioners; no one had asked for any legislative

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