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ratified by the Senate. This was a favorite amendment of mine, and it was all I could do to soften, in this very small degree, the rigor of the law.”*

With the Chickasaws and Choctaws treaties have been concluded under the law of last session, and, as I will demonstrate, in direct violation of its provisions.

[H. of R.

cise the power of apportioning the land for the benefit of each family or individual of the Choctaw nation, and of bringing them under the laws of the United States, but with the consent of the Choctaw nation!"

So unequivocal was the condition of the Choctaws, under these treaties, that the State of Mississippi decided, in Let me revert a moment to the history of the proviso con- 1826, that they had not a right to legislate for their own tained in that law. The President's message took the ground citizens, wandering into the Choctaw nation, fugitives that the Indians could not be protected against the legislation from the justice of the State. In the face of these treaties, of the States. The reports of the Committees on Indian in the face of the proviso of the law under which he was Affairs, in the two Houses, took the same ground. The acting, refusing expressly to authorize their violation, the bill did not directly grapple with that point; but, on both Secretary goes to the Choctaws, tells them in substance sides of the House, that was the point argued, and the that the old treaties will be regarded by the Executive of great objection to the bill was, that it played into the the United States as unconstitutional, and, knowing that hands of that policy. The House, as the event proved, their consent to remove depends upon this one fact and was nearly in equilibrio: the bill passed by a vote of 102 no other, he assures them the President will not enforce to 97. In this state of division in the House, the gentle- the treaties, and, under these circumstances, induces a man from Pennsylvania [Mr. RAMSEY] moved an amend portion of them (how large a portion, I know not) to cede ment, which prevailed. It provided, "that nothing in the lands of the nation. To effect this object, there is this act contained should be construed as authorizing or great reason to believe that very large temptations were directing the violation of any treaty between the United offered to the individuals possessing influence in the tribe. States and any Indian tribe." Without this proviso, I am persuaded the bill could not have passed.

Now, I say the law of the last session was conditional; and the appropriation contained in it was conditionally made. The condition was, that the treaties should not be violated. It is known to every gentleman in the House, that the sole consideration which induced the Choctaws to agree to remove, was the assurance of the Secretary, that the Government of the United States would not protect them from the violation of the treaties. It is unnecessary to press this matter much further. most of the grounds on which I rest the propriety and expediency of adopting my motion. It is admitted by the States that they consider these treaties as unconstitutional, and act accordingly.

I have stated

By this clause, the House solemnly provided that the treaties were constitutional, and could not be violated; and if, as it would seem, the President thinks them unconstitutional, I do not understand how he could sign the bill. He thought proper, by a special message, to guard the House against even construing a law passed at the last session, in a sense deemed by him unconstitutional; and, in appending his signature to it, it would appear that he has endorsed upon the official roll of the law a sort of qualifying reference to that message: an entirely novel, singular, and, as I think, unconstitutional step. In this case, he signs a bill, in which the constitutionality of the The President acquiesces in this course, on the part of treaties is expressly recognised, although he deems them the States, although it is his sole duty, in reference to this all null and inoperative. matter, to enforce the law, of which these treaties are a With this act in his hand, and the half million in his part. Congress last winter made express provision against pocket, the Secretary goes down to the Chickasaws and their violation. They are violated." Let us then either Choctaws, tells them that the President will not protect make provision to execute, or let us abrogate them avowthem from the legislation of the States; and, "under edly. It is due to consistency, good faith, and common these circumstances," negotiates the new treaties. These honesty.

treaties have not been submitted (not being as yet rati- The President has, with his annual message, sent us a fied) to the House of Representatives. From the best letter from the superintendent of the Bureau of Indian sources of information to which I have had access, I have Affairs, in which that officer states that the law of 1802 been led to the opinion, that the tone of the Secretary's "is the principal one which governs all our relations with communications with the Choctaws was of the most urgent the Indian tribes," and recommends its revisal and modiand imperative character. No one denies that the exten-fication, to suit the changes produced by subsequent sion of State laws over the tribes is, of itself, a violation treaties, and other causes. The same message is accomof all the treaties; but, in the case of the Choctaws, there panied by the letter from the Secretary of War, to which were peculiar provisions in their treaties, which are con- I have already referred; telling us that the provisions of travened and broken. By the treaty of Doak's Stand, that law are unconstitutional, and the President neglects negotiated with that tribe in 1820, by the present Chief to enforce them in favor of those tribes over which the Magistrate and the worthy gentleman [Gen. HINDS] who States have extended their laws.

now represents the State of Mississippi, it was, in the Let us, then, the Congress of the United States, if we fourth article, stipulated as follows: "The boundaries think this law is constitutional, make provision to execute hereby established between the Choctaw Indians and the it; if we think it is defective, let us amend it. If we think United States on this side of the Mississippi river, shall it is unconstitutional, let us repeal it. That law, by which remain without alteration, until the period at which said all our Indian relations are regulated, ought not surely to nation shall become so civilized and enlightened as to remain in its present state. be made citizens of the United States; and Congress If the treaties are constitutional, let us enforce them. shall lay off a limited parcel of land for the benefit of If they are unconstitutional, let us abrogate them; let us each family and individual in the nation." repeal the proviso of the last session; declare them null Some uneasiness on the part of the Choctaw nation ap- and void, and make what compensation we can to the depears to have been produced by this stipulation; and it luded beings who, relying upon our faith, have, at difwas, accordingly, in the treaty with the Choctaws, nego-ferent periods, ceded to us mighty and fertile regions, tiated at Washington in 1825, further provided, "that the as a consideration for the guaranty contained in these fourth article of the treaty aforesaid shall be so modified compacts.

as that the Congress of the United States shall not exer- Sir, this is a dreadful affair. Heaven is my witness,

that I would rather palliate than magnify its character: Since this speech was delivered, I have understood that bills have but I can think of nothing so nearly parallel to it, as the been introduced in both branches of the Legislature of Alabama, to re-conduct of the British Government towards the native inpeal the law extending the jurisdiction of the State over the Indians; With what success, I am uninformed. habitants of St. Vincent. This is a precedent from one of

H. OF R.]

Indian Affairs.

[FEB. 14, 1831.

the worst periods of the British Government--that of the request. Many of them were negotiated under the inadministration which drove America into revolution. It structions of Washington, of Adams, and of Jeffersonwas a transaction on a small scale, in an obscure island, the fathers of our liberty. They are gone, and will not and toward a handful of men. But it left an indeli- witness the spectacle; but our present Chief Magistrate, ble stigma on those responsible for it; a stigma on an as he lays them, one by one, on the fire, will see his own administration, which nothing moderately unjust could name subscribed to a goodly number of them. disgrace; a stigma, which would have been as notorious as Sir, they ought to be destroyed, as a warning to the it was indelible, but for the overshadowing enormity of Indians to make no more compacts with us. The Presi the treatment of America, which succeeded. If we pro- dent tells us that the Choctaw treaty is probably the last ceed in this path, if we now bring this stain on our annals, which we shall make with them. This is well; though, if we suffer this cold and dark eclipse to come over the if they remain on our soil, I do not see how future treabright sun of our national honor, I see not how it can ever ties are to be avoided. But I trust it is the last we shall pass off; it will be as eternal as it is total. make with them; that they will place themselves beyond the reach of our treaties and our laws; of our promises, and our mode of keeping them:

Sir, I will not believe that Georgia will persevere. She will not, for this poor corner, scarcely visible on the map of her broad and fertile domains, permit a reproach to be There is one sad alleviation of the fate of some of these cast upon her and the whole Union to the end of time. tribes. When the possessions of the rural population of As for the character of the country to which it is pro- Italy were parcelled out among the Roman legions, by a posed to remove the Indians, I want only light. It was policy too similar to that which we are now pursuing toall we asked last session; all I ask now. I quoted wards the Indians, it was the pathetic inquiry of a poor then all the authorities, favorable as well as unfavorable, shepherd, who was driven from his native soil, his cultiwith which I was acquainted. The friends of the policy vated farm, and the roof of his infancy, refused us the only means of getting authentic information on the subject--a commission of respectable citizens of the United States, sent out for the purpose. Since the It will be some sad alleviation of the fate of these dependsubject was discussed last session, two more witnesses, ent allies, whom we are urging into the Western wildernot then heard, have spoken. Dr. James, who was ap-ness, that their lands, and their houses, their fields, and pointed to accompany Colonel Long on his tour of ex- their pastures, their civilized, improved, and christian ploration in this region, has thus expressed himself: homes, will pass into the possession of their civilized and The region to which Mr. McCoy proposes to remove christian brethren; who, I doubt not, will do their best to 'the Indians would, such is its naked and inhospitable 'character, soon reduce civilized men who should be 'confined to it to barbarism."

In 1827, before this question was controverted, a report was made by the commissioners appointed to lay out a road from the western boundary of Missouri to Santa Fe, in New Mexico. These commissioners report, that, in the whole line of their march, extending seven hundred miles, if all the wood which they passed were collected into one forest, it would not exceed a belt of trees three miles in width!

Impius hæc tam culta novalia miles habebit,
Barbarus has segetes? En queis consevimus agros!

mitigate the bitterness of the cup. At some future day, should they escape the destruction which, as I think, im pends over them beyond the Mississippi, some of their children will perhaps be moved by the desire to undertake a pious pilgrimage to the seats from which their fathers were removed. The children of the exile will not, I know, be turned unkindly from the door of the child of the "fortunate drawer." Here, they will say, are the roofs beneath which our parents were born, and for which our white brethren cast lots; here are the sods beneath which the ashes of our forefathers are laid; and But all this does not change the question. It merely there are the ruins of the council house where the faith suggests the possibility of an alternative of evil. If all of our great father was solemnly pledged to protect us! the land were as fertile as some small part of it probably Sir, it is for this Congress to say whether such is the is; if it were as safe from the wild tribes of the desert, as futurity we will entail on these dependent tribes. If they it is notoriously exposed; if wood and water were as must go, let it not be to any spot within the United States. abundant as they are confessedly scarce; if it were the They are not safe; they cannot bind us-they cannot trust paradise which it is not; so much the worse for the In-us. We shall solemnly promise, but we shall break our dians-the miserable victims whom we are going to delude word. We shall sign and seal, but we shall not perform. into it. The idea that they can there be safe is perfectly Let them go to Texas; let them join the Camanches, for chimerical; and every argument to show that the land is their sakes, and for ours; for theirs, to escape the disasters good, is an argument of demonstration that they will soon of another removal for ours, that we may be spared its be driven from it. If all these treaties cannot save them, shame. nothing can. What pledges can we give stronger than we have given?

Now, sir, I have done my duty. I have intended nothing offensive to any man, or body of men. I have aimed only It is partly for this reason that I urge the House to set-to speak the truth, honestly and earnestly, but not opprotle the question; and the more plainly we meet it, if we briously. If, in the heat of the moment, I have uttered settle it against the Indians, the more humane will be our any thing which goes beyond this limit, I wish it unsaid. conduct. If we intend to be faithless to all these com- I am not without hopes that Congress will yet throw its pacts, let our want of faith be made as signal and manifest broad shield over these our fellow-beings, who leok to us as it can be. for protection, being perfectly satisfied that, if the quesHere, at the centre of the nation, beneath the portals tion could be presented free from all extraneous conof the capitol, let us solemnly auspicate the new era of siderations to the decision of the House, it would be for violated promises, and tarnished faith. Let us kindle a the preservation of the treaties.

grand council-fire, not of treaties made and ratified, but But, however this may be, I am confident that the time of treaties annulled and broken. Let us send to our ar- is not far distant when the people will be all but unanichives for the worthless parchments, and burn them in mous in this matter. I believe that even now, could it the face of day. There will be some yearnings of huma- be freed from all delusive coloring, and submitted to the nity as we perform the solemn act. They were negotia- mighty company in the Union, of sober, unprejudiced, ted for valuable considerations; we keep the considera-disinterested men, their voice would reach us, like a rushtion, and break the bond. One gave peace to our afflicted ing storm from heaven. Rather than have this hall made fremtier; another protected our infant settlements. Many the theatre of such a disastrous violation of the national were made when we were weak; nearly all at our earnest faith, they would speak to us in a tone which would shake

FEB. 15, 1831.]

Revolutionary Pensions.-Bill for the relief of Susan Decatur.

these massy columns to their base, and pile this canopy in heaps on our heads.

[H. OF R.

The question was then put on the reconsideration of the former vote, and was carried in the affirmative-yeas [Mr. E. addressed the House until near four o'clock 99, nay's 96; and the question therefore recurred on orto day; when, being evidently much exhausted, (having dering the bill to a third reading. not long since recovered from a severe illness,) Mr. Mr. MILLER moved an amendment to the bill, proWAYNE and Mr. VANCE rose at the same moment, to re-viding that twenty-one thousand four hundred and twelve quest that he would yield to a motion for adjournment; dollars be paid to Mrs. Decatur, and ten thousand dollars which he did, and the House adjourned. Mr. E. there- to the daughters of Commodore Decatur's sister, Mrs. fore delivered a portion of the preceding remarks on the McKnight. following Monday, when the subject again came up; but the whole of his speech is embodied above.]

TUESDAY, FEBRUARY 15.

REVOLUTIONARY PENSIONS.

Mr. HAMMONS moved to strike out the words which particularized the nieces, so as to leave the grant to be divided amongst all the nieces of the deceased Commodore, his brother, John P. Decatur, having daughters equally entitled. Mr. DODDRIDGE opposed the motion. His object Mr. CHILTON, by instruction of the Committee on was to provide for those who were brought up by ComMilitary Pensions, moved a resolution to set apart Wed-modore Decatur as a part of his family. nesday, the 16th instant, for the consideration of bills and The motion of Mr. HAMMONS was lost; and, on motion reports respecting the claims for revolutionary pensions. of Mr. HOFFMAN, the yeas and nays were ordered on Considerable discussion took place on the resolution, Mr. MILLER'S amendment.

Mr. MILLER accepted the amendment; but, it being opposed by Messrs. WILLIAMS, TAYLOR, and DRAYTON, it was subsequently withdrawn.

principally as to the propriety of giving preference to Mr. McDUFFIE moved to amend the amendment, by this species of business, over the other important matters adding thereto a provision, that an additional sum of ten before the House, in which Messrs. CHILTON, HOFF-thousand dollars be given to Mrs. Decatur, if, at the end MAN, TREZVANT, CRAIG, POLK, GRENNELL, of three years, that amount should not be claimed by the DRAYTON, and WICKLIFFE, joined. After an inef- inferior classes provided for in the bill. fectual motion of Mr. SPEIGHT to lay the resolution on the table, Mr. TAYLOR, for the purpose, he said, of preventing more time from being consumed on the resolution, than it would take to pass half of the pension bills, moved the previous question, which was carried, and the resolution adopted, (so modified, at the suggestion of Mr. WHITTLESEY, as to confine its operation to bills, to the exclusion of reports.)

The question was then put on Mr. MILLER's amendment, and agreed to by the following vote-yeas 100, nays 82.

Mr. WILLIAMS now moved to recommit the bill to the Naval committee, with instructions so to amend it, as to provide for distributing the one hundred thousand dollars appropriated according to the prize act.

Mr. HAYNES, for the purpose, he said, of obtaining an opportunity of replying to some of the remarks of Mr. EVERETT, yesterday, on the Indian question, and returnSome debate arose on this motion, on the part of Messrs. ing some of the favors he had bestowed on Georgia, WILLIAMS, CHILTON, and BARRINGER; when, to moved to suspend the rule which confined the continu- put an end to what he deemed further unnecessary disance of that debate to Mondays, and to allow it to proceed cussion, as he presumed every member was prepared to to-day; but the motion was negatived by a large majority. vote on the bill, Mr. H., then referring to a case stated in the journals of last session, where the question on the reference of a petition, near the close of the session, was debated from day to day, asked of the Chair in what that case was distinguished from this, to justify a different practice? He knew of no rule of the House on the subject.

The SPEAKER was understood to reply that there was no positive rule which forbad the continuance of the debate from day to day; but the decision in the present case was founded on what was understood by the Chair to be the sense of the House, and the acquiescence of the

House in that decision.

Mr. LECOMPTE then moved to suspend the rule, for the purpose of calling up his resolution proposing to limit the term of service of the judges of the Supreme Court; but the motion was rejected almost unanimously.

Mr. POTTER moved the previous question; which, being sustained, it brought the question at once to the third reading of the bill.

The question was accordingly put, "Shall the bill be engrossed, and read a third time?" It was decided in the negative, as follows:

YEAS.--Messrs. Anderson, Barringer, Baylor, Beekman, Bell, Borst, Brown, Buchanan, Burges, Cambreleng, Campbell, Carson, Clay, Coleman, Condict, Craig, Crocheron, Crowninshield, Deberry, De Witt, Dickinson, Doddridge, Dorsey, Drayton, Dwight, Eager, Earll, Joshua Evans, E. Everett, Finch, Ford, Forward, Fry, Gilmore, Gordon, Green, Halsey, Hawking, Hemphill, Hinds, Hodges, Holland, Howard, Ihrie, Thomas Irwin, Isacks, Jarvis, R. M. Johnson, C. Johnson, Leiper, Lent, Mallary, Marr, Martin, Thomas Maxwell, McCreery, McDuffie, Mercer, Miller, Mitchell, Monell, Muhlenberg, BILL FOR THE RELIEF OF SUSAN DECATUR. Nuckolls, Overton, Patton, Pearce, Pettis, Polk, Potter, Mr. DODDRIDGE, according to notice, now moved a Ramsey, Randolph, Rose, Scott, Smith, A. Spencer, R. reconsideration of the vote of Friday last, by which this Spencer, Sterigere, Stephens, Sutherland, Taliaferro, bill was rejected. Had the bill been so amended as to Varnum, Verplanck, Washington, Wayne, Weeks, C. P. grant to the nieces of Commodore Decatur a portion of White, Edward D. White, Wilde, Wilson.--90. the sum of thirty-one thousand four hundred and twelve! NAYS.-Messrs. Alexander, Allen, Alston, Angel, dollars, proposed to be allowed to his widow, he believed Armstrong, Bailey, Noyes Barber, Barnwell, Bartley, the bill would have passed; and it was to try it with such Bates, James Blair, John Blair, Bockee, Boon, Bouldin, an amendment that he moved its reconsideration. He Butman, Cahoon, Chandler, Childs, Chilton, Claiborne, therefore hoped no gentleman would vote for the recon- Coke, Conner, Cooper, Cowles, Crane, Crawford, Crocksideration who did not intend to vote for the bill if it should ett, Daniel, Davenport, John Davis, Desha, Draper, Dudbe so amended, as it would be a waste of the time of the House.

Mr. MERCER, lest that which was done by a full House, might be undone by a thin one, moved a call of the House; but the motion was negatived.

ley, Duncan, Ellsworth, George Evans, Horace Everett, Findlay, Foster, Gaither, Grennell, Hall, Hammons, Harvey, Haynes, Hoffman, Hubbard, Hughes, Hunt, Huntington, W. W. Irvin, Jennings, Johns, Kendall, Kincaid, Perkins King, A. King, Lamar, Lea, Leavitt, Lecompte,

H. OF R.]

So the bill was again rejected.

Relief to Land Purchasers.

RELIEF TO LAND PURCHASERS.

The House took up the bill from the Senate, supplementary to the act passed on the 31st March, 1830, for the relief of purchasers of public lands, and for the suppression of fraudulent practices at the public sales of the lands of the United States.

Mr. IRVIN, of Ohio, opposed the bill with much earnestness, and moved to strike out the second section.

[Frn. 15, 1651.

Lewis; Loyall, Lumpkin, Magee, Martindale, Lewis from which quarter came the petitions for the modifica Maxwell, McCoy, Pierson, Rencher, Richardson, Roane, tions of the law now proposed. You were reminded of Russel, Sanford, W. B. Shepard, Aug. H. Shepperd, the great inducement to purchase land in that section of Shields, Sill, Speight, Sprigg, Stanbery, Standefer, the country-the production of cotton, the great staple of Henry R. Storrs, W. L. Storrs, Strong, Swann, Swift, the South, to which the soil and climate were believed to Taylor, Test, W. Thompson, John Thomson, Tracey, be alike adapted; and that at the time of those sales (duTrezvant, Tucker, Vance, Vinton, Whittlesey, Williams, ring the years 1818 and 1819) this staple was more in deYancey.--99. mand, and commanded a higher price than at any other period of our history, except in the two or three preceding years. You were called on to take into view the superabundance of the circulating medium in those years, occasioned, in no small degree, by the extraordinary multiplication of banks in every State and territory, particularly in the West, which were then issuing millions of money, in the shape of promises, never to be redeemed; and all this then receivable in your land offices. You were told of the five or six millions of "Mississippi stock," the fruit of compromise with the "Yazoo claimants," as they Mr. CLAY, of Alabama, said, he hoped he should be were familiarly called, issued by your authority and diindulged by the House in giving some explanation, and rection, to be received in the land offices of Mississippi in the statement of a few facts, in reference to the bill un- and Alabama alone, which added greatly to the already der consideration. It will be perceived, said he, by all delusive appearance of capital and prosperity in those who have attended to the reading of the bill, that its pro- States. They reiterated their well-founded complaints of visions are intended to be supplementary to, and emen- the combinations of speculators, who crowded the different datory of, the law passed at the last session for the relief places of sale, for the purpose of monopolizing the lands of land purchasers. That law has extended relief imper- which had been improved, and rendered productive by fectly, and very unequally. To those who bought land at their toil, and industry, and enterprise; in consequence of fourteen dollars per acre, and upwards, which had revert- which they were reduced to the alternative of giving ed with the one-fourth paid thereon, patents were given, prices the most extravagant, even for those extravagant without further payment; whilst those who had purchased times, or submit to be driven still further back into the lands at less than fourteen dollars, which have since re- wilderness, at seasons when ruin and starvation would verted, were required to pay additional sums per acre, have been the almost inevitable result to many of their varying according to the original price. So in regard to families. After all this, when the currency of the United the relinquished land, however valuable it may be, or at States had been reduced from about one hundred and ten whatever prices it may have sold, (and the prices varied millions to forty-five millions of dollars; when the Missisfrom two dollars up to forty, fifty, and even as high as sippi stock had almost entirely disappeared; when many seventy and eighty dollars per acre, merely for agricul- of the banks had exploded, and the paper of nine-tenths tural purposes,) yet no higher price than three dollars of them was refused in payment, you abandoned the creand fifty cents per acre is required by the law for any dit system, and sold your land for cash, at a reduction of class or portion of it, while none is permitted to be taken 37 per centum.

at less than one dollar fifty-six and a fourth cents. This is They turned your attention to another fact, which seems a variation of less than two dollars in all the different classes to me, of itself, conclusive of their claim to your equitable and grades, from the most inferior and unproductive to consideration--the sudden and unprecedented reduction the most fertile and valuable. It is of the injustice and in-in the value of their staple, its continued depression, and equality of the operation of this law, that the memorialists, the consequent proportionate diminution in the value of whose interests are embraced by this bill, complain. the capital employed in its production. When the lands

It seems to me that this brief explanation of the princi-in question were sold, and for several previous years, cotples of the law passed at the last session, would be a suf-ton would readily command from twenty-five to thirty ficient exhibition of its defects, to satisfy every mind that cents per pound; for some years past, the average price some amendment is demanded by that justice which re- has not been more than one-fourth. As much land and as gards the interests of all classes with equal favor. But, much labor are now required to produce a given quantity, sir, as the bill has been attacked with such vehemence by say fifty thousand pounds of nett cotton, as then; but mark the gentleman from Ohio, [Mr. IRVIN,] as he has thought the difference in the sum received by the planter. At the proper to speak of the large amount which it proposes to price in 1813, (assuming twenty-eight cents as the average,) give away, and has endeavored to impress the House with that quantity was worth $14,000; at the price of the last the idea that an immense interest is involved, and that the four or five years, (assuming seven cents as a fair average,) measure is one of unusually important character, I feel the same quantity would only be worth $3,500. Bear in called upon to go further into the discussion. The advo-mind, too, that the diminution in the amount of incidental cates of the bill can lose nothing by investigation; for the expenses has not been in equal proportion; while cotton better it is understood, the more conclusive will appear the justness and reasonableness of the claim urged by this unfortunate class of our fellow-citizens.

has gone down three-fourths, they have not been reduced more than one-fourth. Suppose the former amount of those charges to have been $2,000, it would have left the Sir, as this bill is intended to carry out the principles of planter's nett profit at $12,000; take from the total prothe act of last session, already mentioned, and to equalize duct now $1,500, being one-fourth less, and it leaves him its operation, it may not be improper or unprofitable very only $2,000, only one-sixth of the former profit. If the briefly to review the grounds on which your interposition same quantity of land, with the same amount of capital and was asked, and upon which that measure was accord-labor employed in its cultivation, will profit the owner ed. You had been memorialized year after year upon this but one-sixth, can it be worth one-fourth the price at subject, both by the people and the legislatures of the which it might before have been reasonably estimated? new States. Again: at the last session your attention was That it is not, is as clear as demonstration itself; and the called to the various causes which had conspired to pro- truth of the melancholy conclusion would be attested by duce the unprecedented embarrassment and intolerable the judgment of all who have lived in the region alluded distress which prevailed more especially in the Southwest, to during the last twelve years.

FEB. 15, 1831.]

Relief to Land Purchasers.

[H. of R.

But, besides those facts, which were abundantly esta- And is not this assumption perfectly reasonable and well blished by reference to the history of the country, it was founded? Is it not a fair conclusion, that land, situated shown by the official report of the Commissioner of the in the same section of country, put up at auction at the General Land Office, that the purchasers of land in Ala- same time, in the same market, and in the same commubama had paid, for nearly half a million of acres which nity, would sell according to its proportionate value, havhad reverted, an average price of one dollar and thirty- ing reference to the quality of soil, situation, and all other nine cents per acre, when your sales of about the same incidents which enhance or diminish it? You must admit quantity, in the same State, during the three preceding it, or agree that your mode of selling the public lands is years, had exceeded that average but three-tenths of a entirely erroneous; for the auction system is predicated cent per acre, and when the average price of near a mil- on the assumption that it is the true mode of getting the lion and a half of acres, sold during the same three years full and fair value of each tract of land. in Indiana, Illinois, and Missouri, had fallen short of that Sir, it may not be improper to explain how this inaverage about fourteen cents per acre, having brought but equality was produced. Although the bill, as originally. one dollar twenty-five cents and six mills per acre. introduced, was less favorable to a large portion of the In view of such facts, they called upon you to relieve purchasers who sought relief, yet it was far more equal in them from their distress and embarrassment—to exempt its distribution. The influence which the favorable opinthem from the ruinous consequences of contracts, which ion and sanction of the Commissioner of the General Land had been made improvidently, but in good faith. Upon Office would probably have on the action of the House, this candid and just exposition of the grounds on which induced me to enclose to him a copy of the original bill, they rested their claims, they asked you to suffer them and ask him to examine its provisions, and give his views to retain their homes, which they had improved by much in reply. He did examine it, and approved its provisions labor and expenditure, at the fair value, as it had been in the main; but, in conclusion, remarked, "As those ascertained by that most infallible of all tests-experience. persons who purchased originally at very extravagant They called on you as their brethren, and the representa- prices, say at fifteen dollars per acre, or upwards, may tives of their brethren in every section of their beloved not be disposed to avail themselves of the first provision country, to deal with them on the broad and liberal prin- of the first section, and those of the second section, I ciples of equity and good conscience. They appealed to would suggest the propriety of inserting a maximum price your sense of justice and your magnanimity. Thank for those lands." He accordingly returned the copy of the heaven! their appeal was not wholly in vain; you did bill, which I had enclosed, with provisoes inserted in the accord to them partial relief; many of them, perhaps the first and second sections, limiting the price of each class to larger portion, are satisfied. Those who had purchased three dollars and fifty cents, as it finally passed. I have the most valuable lands were entirely relieved from the the original letter of which I have spoken now on my insupportable burden of debt which had been hanging desk, subject to the examination of any gentleman who over them for years, and threatening them and their fami- may desire it. The Committee on the Public Lands were lies with bankruptcy and ruin. Those who had purchased willing to report the bill as approved by Mr. Graham, inferior lands found in the law some mitigation of their while they had refused again and again to report, without grievances a suspension of the sales of their homes, which amendment, the bill which had passed the Senate, fixing were to have taken place in the ensuing spring and sum- the price to be paid for both classes of land at one dollar mer, and the harbinger, as they hoped and believed, of and twenty-five cents per acre. Under these circummore equal and liberal justice at the present session. stances, what course was left to be pursued by the deleThe petitioners now complain that the act of last session gations from the new States? If they could not obtain all "does not afford to them either an adequate or propor- they thought required by the situation of their respective tionate relief." They disclaim all "invidious feelings at constituents, would they have been justified in rejecting the good fortune of the holders of high priced lands, who that which was offered or could be obtained? I can anare presented with patents on surrendering their certifi-swer more particularly for my colleagues and myself. All cates and paying the fees of office." Nor do they com- the reverted and relinquished land in Alabama had then plain of the pre-emption rights granted to settlers on already been proclaimed for sale in the months of May the public lands," but they "view with surprise and re- and June following. Our constituents were the great gret the fact of their forming an isolated class, apparently sufferers. Indeed, they had suffered more than the citi excluded from the favor of Government." They think zens of all the other new States together; and, in a sale (and it is certainly a reasonable opinion) that if the ob- at auction, they would have been obliged to encounter ject of Congress was to raise a certain amount from land bands of speculators of every grade, from the capitalist debtors," it was but "just that it should have been drawn who enters the market and buys on his own money, down in ratable proportions from all;" whilst, in point of fact, to the contemptible hush-money dealer, who often swinthe heaviest contributions have been levied upon the dles without money. Sir, a system of this character had holders of low priced lands, generally consisting of the grown up and been matured among us, and we had wit poorer classes of society." Such is their language, and nessed the baneful effects of its operation. No time was such are their views; and they are unquestionably founded to be lost; for only a few days more than two months were Whoever has examined the enactments of the to elapse between the time at which the measure was law complained of, and has understood its operation, will under consideration and the commencement of the sales. be ready to respond to the truth and accuracy of every With this threatening array of evils before us, my colground assumed by the memorialists. leagues and myself, on consultation as to the most discreet Sir, what do the petitioners ask? Simply that you will and prudent course for the interest and safety of our conextend to them relief proportionate to that which you have stituents, determined to pass the bill, if possible-not as extended to their more fortunate and more wealthy bre- the most just and equal measure which we could have thren and fellow-sufferers. They ask a measure of justice, asked or desired, but as the best that could then be obequal to that which you have meted out to others, who tained. We could not feel justified in the rejection of are less needy, and have no better claims, on any fair prin-relief to one portion, because it could not be equally exciple. The basis, the very foundation of their claim is, tended to all; and, if we had done so, we should have methat it is as fair to presume that reverted or relinquished rited and received the execrations of all. For one, I lands, which originally sold for less than fourteen dollars should have felt it my duty to have obtained relief for any per acre, brought, or rather exceeded, its proportionate portion, however few, if nothing better could have been value, as that those lands did which sold for higher prices. done.

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in truth.

VOL. VII.-46

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