To enable me to meet these enormnities, and ar- tively engaged the greater portion of the time since, rest their progress until I can respond to them ful-having been successively in command of the West ly, I respectfully request the Mobile Commercial India station, and Brazil, and the service have alike Register and Patriot, the Flag of the Union, the reason to deplore the loss of one of its bravest and Cahawba Democrat, the Montgomery Advertiser. best inen. He was in all respects a true hearted the Florence Gazette, the Richinond Enquirer, and sailor-bold, fearless, and full of stratagem as an the Globe, to republish this address. In addition to officer-frank, free, and noble hearted as a mansubscribing my name, I am a subscrber to each of and, like most sailors, generous to a fault. He has those papers. left a family consisting of a widow and seven children-one of whom is in the navy, and bears his own name. Few men can be called hence who will leave a wider circle of mourning friends than Melancthon T. Woolsey. [N. Y. Com. Adv. And as the Richmond Whig, the Sentinel and Herald, of Philadelphia, and some other papers, the names unknown, in Boston, New York, Philadelphia, Mobile, and various other places have pub. lished that correspondence, or extracts from it, I respectfully call on them to republish this address also, as an act of retributive justice which I claim at I am with great respect, Huntsville, Ala., Oct. 17, 1837. their hands. WM. SMITH. COMMODORE WOOLSEY. This gallant officer, whose death has been briefly mentioned, had been indisposed for several weeks, first from erysipelas, and then dropsy. The following notice accompanies the annunciation of his decease in the New York Commercial Advertiser: Our first knowledge of him as an officer, was during the "restrictive energies" of Mr. Jefferson. In order to enforce the embargo and non-intercourse laws, an arined brig was built upon Lake Ontario, called the Oneida, the command of which was assigned to Woolsey, then a lieutenant. He had seen much previous service on the ocean, and was engaged in the Tripolitan war with Decatur and others. SPEECH OF MR. CORWIN, OF OHIO, money appropriated is a part of the common revenue raised from the whole union. He then speaks of general taxation, and local appropriations, and calls this last a system of swindling and plunder. It is but the difference between a positive assertion and a conclusion from premises stated. Sir, I desire, when thus arraigned, to submit my defence. If I am not mistaken, the gentleman will find this system, and this road, have been cherished, and heartily supported, by men, living and dead, to whom even he would be willing to defer in such matters; and with whose memories and character he would not associate the folly and criminality which, in his over-wrought zeal, he fancies he has discovered in this bill. Mr. Speaker, I do not intend to elaborate an essay upon this road, but I must be permitted to notice for a few moments, the very summary method by which gentlemen with great apparent ease, acquit their consciences of all censure for voting down now and forever, all further appropriations of the kind. Yesterday the gentleman from South Carolina (Mr. Rhett) spoke of the supposed importance of this road west of Wheeling for military purposes, as an idea too ridiculous to merit a moment's serious thought. It seemed to him perfectly idle to imagine that ordinance or military stores would ever be transported by land westward, while the Ohio river remained; and so, with undoubting confidence and the utmost self complacency, he assures us that a "fool's cap and bells" should be bestowed upon any one who entertains a contrary opinion. Sir, I hope I may be allowed, with great humility, not indeed to deny to the conclusions of the gentleman the greatest certainty possible in matters of this kind, but merely to suggest a fact or two which it may be well to consider a moment, before, we swear to the infallibility of his judgment on this military question. In the first place, the road and river, though both running from east to west, from Wheeling to the Mississippi, are distant from each other, from north to south, from 90 to 150 miles at various points. I think it possible in the chances of war, that it might become necessary to march a military force directly from Wheeling to Columbus, in Ohio, or to the capitols of Indiana or Illinois; and to take along with such force a train of artillery. Would the Ohio river, think you, be so obliging as to leave its ancient bed, and bear your cannon on its waves across the country from Wheeling to Columbus, in Ohio, and from thence by Indianapolis to Springfield, in Illinois? If we could suspend the laws of the physical world, or if a miracle could be wrought at our command, then the confident opinion of the gentleman, that this road is, in no sense, of military importance, would, in my poor judgment, appear somewhat plausible. But the gentleman seems also to forget that the waters of the Ohio, in spite of our wishes to the contrary, will freeze into hard ice. For three months in the winter it is not at all times navigable. On account of shoals, it is not navigable at the time of low water in the summer. And hence it would follow, that your military movements in that quarter, if ever necessary, would have to wait for the floods of summer and the thaws of winter. But I will not venture to oppose any specu lative notions of mine, to an opinion so confidently entertained by several gentlemen from the south who have spoken in this debate. I will fortify myself by an authority which I am sure will command, as I know it should, infinitely more regard than any opinion or argument of mine. Mr. Speaker: I perceive the house is unusually impatient of this debate. I am very reluctant, at any time, to lift up my voice in this Babel of confused noises, but especially so now; nor would I delay the final vote a moment, did I not remember that this bill has been already once rejected, but a day or two since; and from the tone of discussion this morning, I have too much reason to fear it will meet a similar fate, by the vote now about to be taken. I may add, also, that I feel unwilling to permit the remarks of the two gentlemen from South Carolina (Mr. Clowney and Mr. Pickens) to pass to the press, and from thence into the public mind, without an attempt, at least, to correct the erroneous impresHe remained in the lake service for several years, sions in which, according to my views, they abound. and was one of the most active and efficient officers The bill now under discussion, making approduring the war with Great Britain, under commo- priations for the continuation of the Cumberland dore Chauncey. Several very gallant affairs were road, is nothing more nor less than the continuance conducted by him with signal success. When the of a system of regular annual expenditure, begun United States were building the large ships at Sack-in 1806, and continued, with the exception of the ett's Harbor, Woolsey was sent to bring the anchors, short period of the war with Great Britain, every cables, and rigging from below. year up to the present time. The estimates for The roads at that day were so bad, from Rome to this appropriation, are as regularly and habitually Sackett's Harbor, as to render their transportation sent in by the treasury departinent, as are those by land all but impracticable. It was therefore for the salaries of the president and other public determined, if possible, to take them in the Durham servants, or those for the support of the army. If boats through Wood creek and Oneida lake, to Os-a continued perseverance in the prosecution of any wego, and thence round, keeping the boats close in public measure for thirty years, cannot be looked to shore to Sackett's Harbor. Ascertaining, however, as settling the public utility of such measure, or the that his intentions had been discovered by the ene-fixed policy and duty of this government, beyond my through the instrumentality of spies, and that the reach of cavil or objection, then indeed may it the British co.nmander on Lake Ontario was pre-be truly said, that we are a people without common paring to intercept his boats, Woolsey resorted to a forethought, a government without any established stratagem which so far threw Sir James Lucas Yeo policy, a confederacy without any coinmon end or from off his guard as well nigh to ensure his success. aim whatever. The vogage fron Oswego was commenced pros- The construction of the road provided for in this perously-Woolsey himself proceeding along the bill, from the waters of the Atlantic to the Mississhore by land, and watching their movements.sippi river, was originated during the administraWhen off the mouth of Salmon river, however, a tion of Mr. Jefferson. It has received the countedetachment of the enemy's flotilla discovered the nance of every shade and complexion of political boats, which were compelled to put into that har-party in congress, at various periods since, and has bor for shelter, and the naval stores were hurried been sanctioned by the approval of every executive on shore, where the only armed protection consist- from that time to the present. It has thus become ed of a company of rifleinen under major Appleton. incoporated with your policy. It makes a part of A detachment of the enemy entered the harbor in the creed of all parties, and, as it advances in its pursuit and landed. By advice of Woolsey, and progress, is woven into the texture of those systems under his own conduct, the riflemen were placed in of internal improvement going forward in each of ambush, with directions not to fire until the near the six states through which it passes. A measure approach of the enemy. The enemy advanced un- thus perseveringly continued so long, sustaining it conscions of the ambuscade, until within a conve- self, through all political conflicts, and every vicis. nient distance when they were received by a de-situde of our history, for the last thirty years, comes It will be remembered, Mr. Speaker, that this structive fire. In a loud voice Woolsey ordered "a recommended at once to the mind as something ne- government, soon after the late war with Great Bricharge," whereupon the riflemen rushed impetu- cessary: something which has been found indis-tain, admonished by the experience of that war, deously forward, with loud cheers, and holding their pensable, and not merely convenient. It stands in termined on prosecuting a general system of mili weapons in the position of charged bayonets. The your policy like one of those truths in philosophy, tary defence. To this end, general Bernard was result was the surrender of the enemy at discretion. which is not questioned, because it has received brought from France, and placed at the head of the They were commanded by an officer named Pop- the general assent of all reasonable men. Speak- engineer corps. In the year 1824, it became the ham, of the British navy, and an old acquaintance ing of such a measure, this morning, the gentleman duty of this officer, under the direction of Mr. Jno. of Woolsey's. As Pophamn came forward to sur- from South Carolina (Mr. Pickens,) richly imbued C. Calhoun, then secretary of war, to survey and render his sword, Woolsey exclaimed " Why, Pop- as his mind is with philological learning, could report to congress such rivers to be improved, and ham, what on earth are you doing up this creek?" find no terms whereby to characterize this bill less canals and roads to be constructed all over our terAfter some indifferent reply, and a survey of Wool-odious than swindling and plunder. Thus, by a ritory, as were conceived to be of national importsey's force, Popham observed-" Well, Woolsey, dextrous evasion of the substance, and a strict ob- ance for commercial or military purposes. - On the this is the first time I ever heard of riflemen charg-servance of the letter of the rules of courtesy in 3d of December, 1824, Mr. Calhoun submitted to ing bayonets!" debate, the gentleman has been able, by fair infer- the president, and through him to congress, the reence, to denounce the supporters of this bill as the sult of the labors of this corps, accompanied with promoters of "swindling," the aiders and abetters his own reflections and recommendations. It will of "plunder." [Here Mr. Pickens rose and ob- be found, on examining that document, that this served that he had not applied the terms зtated by very Cumberland road is classed with other great Mr. C. to the bill, or those who supported it. He works of internal improvement, which, in the opinhad stated, in argument, the case of a general sys-ion of Mr. Calhoun, were necessary to the defence tem of taxation, and an appropriation to partial and of the country in war, and that the road now under local purposes, and denominated that as swindling the consideration of the house is there pronounced He remained in command of the marine at Sack-and plunder.] Mr. C. proceeded. I understand to be of "national importance." This was the ett's Harbor after the close of the war, we believe, the gentleman as he explains himself. He has made opinion of Mr. Calhoun in 1824. The construction until it was determined mutually by England and a speech against this bill. He has endeavored to of the Cumberland road, as a work of commercial the United States to dismantle and abandon their illustrate, in various ways, its inequity and impo- importance, as well as a sure means of binding in ships upon those waters. He was then transplant-licy. He denounces this road as local in its charac- union the eastern and western portions of our couned to the ocean service, in which he has been ac-ter, and not of general utility. He shows that the try, had been urged upon congress by Mr. Gallatin, 66 The first attempt of the enemy upon Sackett's Harbor was repelled by Woolsey, with the Oneida brig alone. This affair happened early in the war, before the United States were prepared to take the lake with a squadron. He was also in command at Oswego where the attack of the British was so brilliantly repulsed, on which occasion he displayed great skill and bravery. of the nation. as secretary of the treasury, as early as 1803, and serve to keep them in the right way. I beg the The Cumberland road, as I have said, is one amongst the rest there recommended as of "national importance." Mr. Speaker, I must beg the indulgence of the house to read a single paragraph from the document referred to. After speaking of the great advantages to the whole union of one of the great western works to which I ha e already adverted, the secretary proceeds: "The advantages, in fact, from the completion of this single work, as proposed, would be so extend ed and ramified throughout these great divisions of our country, already containing so large a portion of our population, and destined in a few genera. tions to outnumber the most populous states of Europe, as to leave in that quarter no other work for the execution of the general government, excepting only the extension of the Cumberland road from Wheeling to St Louis, which is also conceived to be of national importance." Now, Mr. Speaker, if in the bill under discussion there be any feature akin to "swindling and plunder," I ask the gentleman from the south to turn to that gigantic project of kindred works projected by their own justly favorite son, and tell me in what Vocabulary amongst the "tongues of men" they can find epithets odious enough to shadow forth the diabolical tendencies of his plan. Sir, if this bill be swindling, his scheme is robbery. If this bill be petty plunder, his plan was wholesale desolation. But, good or bad, whichever it be, we have his authority for it. Well do I remember, sir, in what high esteem the secretary of war (Mr. Calhoun) was held throughout the west in the year 1824. The sober affections of the aged, and the ardent hearts of the young, all, all were attracted to him. His altars blazed every where throughout the broad valleys of the west. Right loyally and prodigally did we pour out our incense upon his shrine; and lo! what now do we see? Whilst the smoke of our sacrifice yet ascends in gathering clouds; whilst the distended nostrils of our deity inhale its grate ful odors almost to suffocation, he in whom our affections were all enshrined; he the author of this our faith; he the chosen object, it may be, of our very profane and heathenish, but still sincere idolitry: he, with the selected high-priests of his faith, suddenly rush upon us from the south, overturn their own altars, and scourge us, their misguided, but still honest devotees, from the temple them selves had erected. Not content with this, but determined, it seems, to consign both the authors and followers of the creed to hopeless infamy, they have compared their own system of policy to a system of plunder, and themselves and us to a conbination of swindlers. Let not the gentleman from the south suppose that I quote the authority of Giles, and Randolph, and Gallatin, in 1802 and 1803, and Mr. Calhoun as late as 1824. to fix upon southern gentlemen the sin of inconsistency, or sinister motives, for change of principle. No, this is not my motive. I wish them to pause upon their own present opinions, and compare them with the views of those, living and dead, to whom I have referred, in the hope that the light of those great minds-that light that has been to them "a pillar of fire by night," in all their political wanderings heretofore--might haply now Mr. Speaker, I have thus far considered the bill upon your table as providing for one work, itself a part of a system of internal improvement;" I have referred so far to the opinions of men whom we are accustomed to regard as good authority, to show that the road in question has been regarded as one of national importance, and, as such, is within the acknowledged powers of congress. But, sir, this bill rests its claims to our support upon a basis, far less liable to those assaults which consider it only in the isolated view of expediency. It is, in truth, a bill for the fulfilment of a contract. It proposes to carry into effect a compact, to the performance of which the faith of this government is pledged to three sovereign states of this union. I know, sir, that many gentlemen here are familiar with this view of the subject, but I feel equally certain that there are others who are not. The gentleman from Kentucky, (Mr. Pope) the other day discussed this branch of the subject with great ability, but I am impressed with the necessity of presenting it more at length, even at the risk of being tedious. I shall endeavor, by a reference to acts of congress and public documents, to show that we are bound to construct this road as far as the Mississippi river; that we have contracted to do so; that we have received the consideration for this contract from the states of Ohio, Indiana, and Illinois. If I can establish these as facts, it will follow that to stop the road short of the Mississippi, would be a gross neglect of duty, and a flagrant breach of national faith." In the year 1787, "the territory northwest of the Ohio" comprehended what are now the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin territory. The celebrated ordinance of 1787, amongst other things, provided that there should be three states at least out of this territory, which should be bounded by the Ohio river on the south, the Mississippi on the west, and a specified line on the north. This last line, many gentlemen here will recollect, was finally established as the northern boundary of Ohio, Indiana, and Illinois, very lately, on the admission of Michigan into the union. Early in the year 1802, the eastern division of this territory petitioned congress to provide for its admission into the union under the ordinance of 1787, which provided that certain portions of the territory, having 60,000 inhabitants, should be enti tled to come into the union as sovereign states. This application, with a census showing the num ber of inhabitants then within what are the present limits of Ohio, was referred to a committee in the house of representatives, of which William B. Giles, of Virginia, was the chairman. On the 4th of March, 1802, Mr. Giles made a favorable report on this petition, and, amongst other things, referring to certain matters of compact in the ordinance of 1787, this report concludes in these words: "The committee, taking into consideration these stipulations; viewing the lands of the United States within the said territory as an important source of revenue; deeming it also of the highest importance to the stability and permanence of the union of the eastern and western parts of the United States, that the intercourse should, as far as possible, be facili tated, and their interests be liberally and mutually consulted and promoted-are of opinion that the provisions of the aforesaid articles may be varied for the reciprocal advantage of the United States and the state of - -, when formed, and the people thereof; they have therefore deemed it proper, in lieu of said provisions, to offer the following propo sitions to the convention of the eastern state of said territory, when formed, for their free acceptance or rejection, without any condition or restraint whatever, which, if accepted by the convention, shull be obligatory on the United States." The report then sets forth three propositions to be submitted to the Ohio convention; the third proposition, being the one applicable to this subject, is in these words: "That one-tenth part of the nett proceeds of the lands lying in the said states, hereafter sold by congress, after deducting all expenses incident to the same, shall be applied to the laying out and making turnpike or other roads leading from the navigable waters emptying into the Atl intic to the Ohio, and continued afterwards through the state of —, such roads to be laid out under the authority of congress, with the consent of the several states through which the road shall pass, provided that the convention of said state shall on its part assent that every and each tract of land sold by congress shall be and remain exempt from any tax laid by order or under autho rity of the states, whether for state, county, or township, or any other purpose whatever, for the term of ten years from and after the completion of the payment of the purchase money on such tract to the United States." Attached to this report is an official letter addressed by Mr. Gallatin, then secretary of the treasury, to Mr. Giles, dated Washington, 13th February, 1802. Mr. Gallatin, deeply impressed with the ad vantage to the government of this contract with the new state, urges it upon congress as a mean of increasing the value of the public lands owned by the government, and then pledged for the payment of the national debt. After stating a variety of argu ments to that effect, he says: "It follows that, if it be in a high degree, as I believe it is, the interest of the United States to obtain some further security against an injurious sale, under the territorial or state laws, of lands sold by them to individuals, justice, not less than policy, requires that it should be obtained by common con. sent; and it is not to be expected that the new state legislatures should assent to any alterations in their system of taxation which may affect the revenues of the state, unless an equivalent is offered.". He then goes on to insist that "Such conditions, instead of diminishing, would greatly increase the value of the lands, and, therefore, of the pledge to the public creditors." The last paragraph in this document urges another arguiment in favor of this road, which I hope will not be overlooked by gentlemen who consider it a boon merely to the young states of the west. Mr. Gallatin thought this road would be highly ad vantageous to the old states, and he addresses their cupidity accordingly, in these words: On the 30th of April, 1802, an act was passed authorizing the people of the eastern division of the northwestern territory to form a constitution and state government. In that law the proposition, somewhat modified, is inserted, and by congress proposed to the convention which was to assemble the next suminer. In the act just quoted, five per cent. of the proceeds of the lands within the state is proposed as a fund to make a road "from the Atlantic waters to and through the state, "and the condition of the grant is, that the state shall abstain fron taxing the lands sold by the United States for five years from and after the day of their sale. "The roads will be as beneficial to the parts of nineteen-twentieths of our people for five successive to the purposes of the contract. To this I reply, the Atlantic states through which they are to pass, years. This, too, was done at a time when there that such is not the contract, and I think I have and nearly as much so to a considerable portion of the was scarcely any other subject of taxation but shown this from the proofs already adduced. I grant union, as to the northwestern territory itself." lands, and when, in the infancy of our several state you that two per cent. of the nett proceeds of the governments, the first movements of political and public lands are pledged for the performance of social machinery require heavy expense from those your promise to make the road; but this pledge does least able to bear it. Let us see what it was in in no sense limit the contract for which it is only a money that we gave. It will be found, on exami- mere security. Let it be remembered that, when nation, that the three states interested cover an area, this contract was made, the public lands were according to the best authorities, of something over pledged for the payment of a large national debt. one hundred and twenty millions of acres of land. To increase the value of these lands, was one motive De ducting something for reservations made before to make the road, and the states aided you in this, the compact, we may safely estimate the lands then paid you for it, by relinquishing the taxes on them to be sold in the three western states, at one hun- for five years after sale; it was, therefore, only fair, dred and twenty millions of acres. We gave up as the government was deeply in debt, that the the right to tax these for five years from the day of states should have some security for the performsale. What has been the usual rate of taxation ance of your contract. This security was given by In the month of November, 1802, the convention upon lands in these states? I think I may fairly pledging the two per cent. named in the contract. of Ohio assented to the proposition contained in affirm that the rate of taxation on lands in the three But it was not the contract, it was only a security the act of April, 1802, with this modification: that states interested has been one dollar on every hun- given to the states for its faithful performance. three-fiths of the five per cent. fund should be ap-dred acres. This, levied on one hundred and twen- This interpretation is fortified by other stipulations propriated to laying out and making roads within ty millions of acres, would give one million two in the contract. The time, manner, and location of the state, and under its direction and authority, hundred thousand dollars per annum, which, in five the road are all left to the general government. leaving two per cent. on all the sales of lands with years, the time for which the tax was surrendered Why was this? Because you had bound yourselves In the state to be appropriated to a road leading by the states, would give the sum of six millions of in general terms to make a road. And it was, from the Atlantic waters to and through the state of dollars. This sum have we paid into your treasury therefore, only reasonable that you should have conOhio. To this congress expressly assented, at its for your promise to complete the road in question. trol over a work which you bound yourselves to finext session, upon the recommendation of a com- In addition to this, we surrendered our sovereign nish. Had you bound yourselves only to pay, for mittee, of which John Randolph, of Virginia, was right of taxation within our own limits-a right it-the purpose of the work, a specified sum, such as the chairman, and thus the compact was closed. self so dear to states that, as matter of pride, just the two per cent. mentioned, is it possible to supHere let it be observed, that conpacts of the same pride, its surrender could only have been extorted pose the states would have left you to appropriate kind and in the same words, have been concluded by the strongest hope of advantage-the hope of their money, for which they paid you, in your own between the states of Indiana and Illinois and this some great and striking improvement in our whole way and according to your own discretion? Such a government, at the times when these states were country, such as this great work will be, when you contract, on the part of the states, would have been respectively admitted into the union. In this way, complete it, as you have promised. absolute insanity. It involves an absurdity too following up the project began in 1802, of congross for serious consideration. This itself shows structing a road from the Atlantic waters to the that the two per cent. fund was only a pledge, a seMississippi river," passing from the Ohio the whole curity, and not, as some have supposed, the contract distance to the Mississippi, through your own pubitself. Thus you have always construed the conlie lands, it was carried out by compact with each tract. According to your own admission, you have state, as soon as it became capable of entering into gone on to make the road without regard to the two such engagements, by assuming the powers and per cent. fund. You say vastly more than this has dignity of a sovereign state of the union. been expended. Why did you do this, if only two per cent. on the sales of lands were to be given to the road? No rational answer can be given to this question but one. The two per cent. did not limit the contract, it only secured its performance; and this has been your own uniform construction of it, as evinced by all your conduct up to this day, through a lapse of more than thirty years. Mr. Speaker, I have shown that the three western states have given into the national treasury, in effect, six millions of dollars, for the promise to construct this road. Let us now advert for a moment to the cost of the work as estimated at the time of the contract, and we shall find that the government then understood, that this sum would construct the road from the Atlantic waters to the Mississippi; nay. that in all probability there would be a surplus remaining in the treasury after the road was finished. The kind of road, its location, and the time of its completion, were all left with this government to be adjusted, under a fair interpretation of the compact. After proper examination, it was determined to commence at Cumberland, and strike the Ohio line at Wheeling, in Virginia. I have said, Mr. Speaker, that you had contracted to construct a road from the Atlantic waters, through the new states of the west, to the Missis. sippi river. I have shown, by reference to public documents, that the motives to this contract were, first, to increase the value of the public domain, to and through which this road was to pass, and thus put money into the national purse to pay the naLet me suppose, Mr. Speaker, that the two per tional debt; secondly, to bind together in union of On the 3d of March, 1808, Mr. Gallatin, then se- cent. fund was all you promised, which, however, interests the east and west, by creating a quick and cretary of the treasury, reports to congress that the I by no means admit. You say it was to be exconstant intercourse between the western and At-road had been located from Cumberland towards pended by you; you are the trustee of the fund, and lantic divisions of your common country. Now, Wheeling, a distance of seventy miles, and adds, the agent for its appropriation. Be it so then, for the first and main object, the increase in value of the expense of completing that part of the road is the sake of the argument. What was this fund the public lands, never could be effected, unless estimated at $400,000. This estimate shows that committed to your charge? Two per cent. upon you carried the road, not merely "to and through" the average estimated cost of the road, over by far the sales of one hundred and twenty millions of Ohio, where, in 1802, your public lands for sale the most expensive part of it, was a trifle lesst han acres of land. This you was bound to sell for $2 chiefly lay, but would only be fairly realized by car- six thousand dollars per mile. The whole length per acre, for this was the price fixed by law at the rying the road "to and through" each of the other of the road, from Cumberland to the Mississippi, as time of the contract. This would produce $240,western states, as your lands, by the extinguish- surveyed, is 650 miles; it may be a mile or two,000,000. Two per cent. upon this would be $4,800,ment of the Indian title in these states, should come more or less. Now take the estimated cost per 000. You had estimated the road to cost $3,900,into market. These were the views upon which mile, as reported by Mr. Gallatin, which was for 000. Thus you see that, by every calculation basyou set out, in your propositions of compact at first. the mountain region entirely, and remember that ed upon the state of things as existing at the date These were your "inducements" held out to Ohio, one-half less, it was supposed, would suffice to of the contract, the states and yourselves had a and repeated in each of your engagements to make make the road across the level plains of the west, the Cumberland road, with Indiana and Illinois. and we shall see at once how reasonable it is that With these determinations, asserted through your the congress of that day, after receiving what was public and authorized agents, you ask of the wes- equivalent to six millions of dollars, should make tern states, in consideration of inducements thus held an unconditional promise to construct the road to out, to do what? To grant you a trifling sum of the Mississippi river. money to aid you in your effort to improve the value of your own lands? No. To allow you to pass through their territory in such way as you choose? No. No such inconsiderable demands as these were on your lips. You demanded of them to surrender up for your benefit the tax on nearly all the property in these states for five years. In other words, you asked, and you received too, into the public treasury of the union, a direct tax for five years on all, or nearly all, the lands in three large and popu$2,100,000 lons states. You said to the purchaser of your Leaving two millions in the treasury, after making lands buy of us, and your property thus acquired the road as then estimated. Upon this view, foundshall be free from taxation for five years; and thus ed on facts and representations of public men, conyou got in increase of price paid to you, what temporaneous with this compact, it is clearly shown otherwise would have gone, in the shape of taxes. into the coffers of the states. This is true in regard to almost all the lands in the three states of Ohio, Indiana, and Illinois. Each of these states was admitted into the union with barely 60,000 in habitants. The quantity of lands then sold was so inconsiderable as to make no sort of change in the estimated valne of the right we surrendered. Take Ohio, for example. She gave up to you her right to tax all lands then unsold, for five years after they should be sold. She had then 60,000 inhabitants: she has now probably one million and a half of po pulation, and there are yet public lands unsold in that state. Thus, you can see that we have released to you our right to tax lands in the hands off The contract as then understood from the esti- Cost of the road, 650 miles, at $6,000 $6,000,000 3,900,000 that the states paid the federal government, what But here, Mr. Speaker, I am told that whatever right to suppose that happen what might, if you acted up to your engagements, the road would be inade. But $2 per acre was then the minimum price of the land, and we, being interested in the fund, had, and now have, a right to demand of you that you, as trustee, shall get as much more as possible by selling all the land at auction in the way fixed by law as it then stood. Now let us see how you have complied with the law and reason of this contract, in the management of the fund given in trust for its execution. In the first place, you sunk the value of the fund nearly one-half by reducing the price of the land from $2 to $1 25 per acre. In the second place, you have given away immense amounts of this fund in bounty lands to soldiers, which you never can sell, and for which you can render no account. Thirdly, you have given to individuals, for purposes unconnected with this contract, a very large amount which never has or can be accounted for upon the principles of your solemn engagements with us. Fourthly, you have given very large amounts to the states to make canals, exacting from them as an equivalent the right to carry your mails, arms, armies, and munitions of war on them free of tolls forever. Fifthly, you have given away many millions of acres in pre-emption claims at the minimum price, without any attempt to sell, and account (as you were bound to do) for the proceeds. Thus you, our agent to manage a fund destined to make our road, have so wasted it, and used for own purposes, that you never can tell whether it would have produced the expected amount or not. What is the consequence in law, in reason, in justice? What follows? Why, sir, any justice of the peace can tell you. You, the from us. agent, must answer for this by replacing, out of your own funds, what you have wrongfully taken But as you have so disposed of the trust fund that you never can tell what, if sold at auc tion, it would have produced, and so cannot, by any certain rule, therefore, ascertain the amount you have taken wrongfully from us, you must suffer the inconvenience; you must take from your own funds, and do what, when you contracted with us, you affirmed this wasted fund would do, that is, complete the road in question from Cumberland to the banks of the Mississippi river. Is not this equitable, fair, honorable, just? Why then stick in the bark? as the lawyers say. Why these pettifogging quibbles, these dilatory pleas? Does such conduct become a great nation? Sir, it has been said that honor is the vital principle of monarchy. You say you represent sovereigns-the sovereign people. Act then as becomes the dignity of your royal constituents. Leave no room to doubt your probity. Observe fully and entirely the faith of your promise whenever made. No such thing, says the gentleman from South Carolina, (Mr.Clowney,) this morning. If you have made a contract, no matter; you had no constitutional power to do so, therefore cease your efforts to fulfil your engagements. And there the gentleman would stop; he goes no further. What a beautiful example of poli-this school of constitutional lawyers and the gentle-the uniform justice and generosity of both the gen Mr. Speaker, I know of no parallel to this charm-¡ debt to her troops. When she ceded the northwesting philosophy, unless it is to be found in the sayern territory to the United States, she reserved the ings of Mause Hedrigg, an elderly Scottish lady, land between the Little Miami and Scioto rivers who figures in one of sir Walter Scott's novels. In (now in Ohio) as a residuary fund for the satisfacone of her evangelical moods, she rebuked her son tion of her revolutionary land warrants, if the lands Cuddie for using a fan or any work of art to clean reserved for that purpose in Kentucky should prove his barley. She said it was an awsome denial o' insufficient. Well, sir, what happened? Soon afProvidence not to wait his own time, when he ter this, Kentucky seized upon the whole Green would surely send wind to winnow the chaff out of river country, and refused to the war-worn veteran of the grain. In the same spirit of enlightened phi-the revolution the right to locate his warrants there. losophy does the gentleman exhort us in Ohio, In- The consequence was, the whole country reserved diana, and Illinois, to cease our impious road-mak- in Ohio was exhausted, and the Virginia claims, to ing, and wait the good time of Providence, who the amount of many millions, have been lately paid will, as he seems to think, surely send a river to out of the treasury of the union in the shape of land run from Cumberland over the Alleghanies, across scrip. Sir, I have said this domain, thus seized the Ohio, and so on, in its heaven-directed course, by Kentucky, was equal to one-fourth part of the to St. Louis. Mr. Speaker, the gentleman from state. Now, suppose you had given to Ohio, InKentucky is not the author of this theory. Our diana, and Illinois, what Kentucky received-one Atlantic brethren, especially of the south, have fourth part of all the lands within their respective long held the same doctrine. They have long since limits-sir,it would have constructed this road through discovered that our glorious constitution was noth- their territories ten times over. And yet, with ing more at last than a fish! made for the water, these facts all before him, the gentleman sits weepand which can only live in the water. According ing over the dams and slack-water of Green river, to their views, he is a goodly fish of marvellous like a froward child, spoiled by too much indulproper uses and functions while you keep him in gence, complaining of its mother's partiality, to the the water; but the moment he touches dry land, lo! really much less favored members of our common he sufficates and dies. The only difference between family. Sir, this is unlike Kentucky; it is unlike fical morality would you then exhibit! Some years man from Kentucky is this: he believes your con- tlemen, (Messrs. Graves and Underwood,) who ago you entered into a contract, a treaty, with three stitution is a fish that thrives in all waters, and es- have so vehemently opposed this bill. I beseech Sovereign states. You have received from them all pecially in Green river slack-water; whereas his them to desist. Cease to drive this jew's bargain they agreed to give you. You have their money in brethren of the south insist that he can only live in with your sister states. Relax the miser's gripe your pockets. Now you turn to these states, with salt water. With them the doctrine is, wherever you have laid upon your neighbor's rights. Throw all seeming honesty, and say, true I promised, but I the tide ceases to flow, he dies. He can live and away the knife of Shylock, clothe yourselves in the had no right to promise, my conscience is affected, thrive in a little tide creek, which a thirsty mus-robes of justice and generosity. Stand out in I have sinned, I repent, I will do so no more, but I quito would drink dry in a hot day; but place him your true characters, and in the proper costume of will keep your money. I cannot violate my con- on or under the majestic wave of the Mississippi, your noble state. Look upon this bill with the science by doing as I agreed. Oh, no, that is too and in an instant he expires. Mr. Speaker, who eye of an American statesman. The interests of wicked; pray you do not ask it; but still I shall can limit the range of science! What hand can the whole valley we inhabit in common are the keep the money you paid me. Yesterday my friend stay the march of mind! Heretofore we have stu- same. You cannot separate them by lines or rivers. from Kentucky, (Mr. Calhoon,) with a power of died the science of law to help us in our under- Sir, the same cloud that dispenses its fertilizing argument and generosity of sentiment equally hon-standing of the constitution. Some have brought showers upon Kentucky drops fatness upon the orable to his head and heart, spoke in favor of this metaphysical learning to their aid. But now, in the states of Ohio, Indiana, and Illinois. The same bill; he adverted to certain objections made by his middle of the 19th century, these labors are all end-sun that warms vegetation into early and vigorous colleagues (Messrs. Graves and Underwood.) They ed. Ichthyology, sir, is the key to open all the life, on the rich plantations of Kentucky, also melhad opposed the bill as partial in its operation, as doors that have hitherto barred our approaches to lows the fruit and ripens the harvests that cover the giving to the three states through which the road truth. According to this new school of philosophy, vast plains outstreched upon the right bank of the passes a disbursement of money which Kentucky if you teach coming generations the "nature of Ohio. The God of nature has decreed us a common was not permitted to enjoy. He said the disburse- fish," those great problems in constitutional law lot, and it is vain and impious to offer our feeble ments in Indiana would flow into Louisville, in that vexed and worried the giant intellects of Ham- opposition to his will. Kentucky, where goods and even liquors would be ilton, Madison, and Marshall are at once revealed bought, with which the labor on the road would be and made plain to the dullest peasant in the land. Sir, paid. Upon this another gentleman from South Ca- if I appear to triffle with this grave subject, the rolina, (Mr. Pickens) takes fire. "This (said he) fault is not mine; it arises from the singular nature shows the demoralizing tendency of the system! and contrarient character of those arguments which This is the motive to vote appropriations, that mo- I am most willingly compelled to combat. ney be raised to buy whiskey for the poor laborer to drink!" Sir, I have no objection to the gentleman's moral lectures, but I do not see the necessity of throwing his moral sensibilities into convulsions at the sight of a glass of punch, while he can look with a sanctimonious composure at broken promises and violated national faith. Mr. Speaker, some gentleman have complained that one section of land out of every thirty-six has been given to the western states for the use of common schools. Do gentlemen recollect to whom this benefit results? Who are they that inhabit the great valleys of the west? Emigrants surely from The gentleman from Kentucky (Mr. Under- the old states of the south and east. The children wood) has inquired, with a very significant look, to be educated there are your children. Sir, we what has becoine of the three per cent. fund, given heard (some of us at least) an English gentleman to the states, for improvements within their res- (Mr. Buckingham,) in one of his interesting lecpective limits. He says he has inquired of the tures lately delivered in this city, say, when speaksecretary of the treasury, and be can give him no ing of British emigration to America, that he was account of the disposition the western states may sorry they had not sent to this country better speciMr. Speaker, I have one word to say, before I have made of this fund, and hence the gentleman mens of their population. Sir, I can say to my friends sit down, to the gentleman from Kentucky, (Mr. seemed to infer that no one could tell him any thing on this side of the mountains, with equal sincerity, Underwood.) He spoke the other day in opposi- satisfactory on the subject. Sir, if your secretary as to some of those you send out, "I am sorry you tion to this bill. He did not deny that the Cum- of the treasury is the only source of information, did not send us better specimens." But the truth berland road might be useful; but as he could ob- then are the fountains of knowledge scanty, indeed is, we get in the west the very best and the tain no money here to enable his people to build and nearly dried up with us. If every thing is un- very worst of your population. The poor come dams and make slack-water navigation on Green known which he does not know; if we can see noth- there for bread, and the enterprising and industririver, he would not help us to make a road on the ing which has not been revealed to him, why, then, ous to find a field which gives ample scope to their northern side of the Ohio. And then the gentleman the Lord help us; the lights of the age burn dimly energies, and rewards to their labor. This fund, proceeded in a grave disquisition upon our consti- enough, and must be well-nigh extinct. Sir, if the then, is for the education of the poor, and the rich, tutional powers to make roads and improve rivers. gentleman, instead of consulting the "Penny Mag-too, if any such there be, which you send in masses What says the constitution? "Congress shall have azine" of the treasury, had gone to the libraries of every year to the west. And can I assure genpower to regulate commerce with foreign nations, this city and looked into the statistics of these states, tlemen it has been faithfully applied in Ohio. It among the several states, and with the Indian tribes." he would have found that this fund had been faith has been added to by heavy taxation upon our What is the gentleman's commentary? You have, fully, to the last dollar, expended in making roads people. Some gentlemen, (I speak it in no spirit says he, a clear and undoubted right to improve "to and through" the public lands in the states; of pride or vain boasting,) some gentlemen from rivers, but not so of roads. And why, Mr. Speaker, thus increasing the value and hastening the sale of the old states might learn something new to them why? Do you, sir, remember the reason for this your national property. The gentleman reproaches in the history of civilization, would they but visit distinction? It was this: "Providence (says the the three states on the right bank of the Ohio for gentleman) has marked out rivers as the proper having obtained from the national domain large channels and avenues of commerce." What a beau-grants for making roads and canals. Does not the tiful and exalted piety is here shedding its clear gentleman know that in every instance you have light upon the dark mysteries of constitutional law! And then how logical the conclusion! Thus runs the argument: Since it is not the will of God that commerce should be carried on on dry land, but only on the water, the powers over commerce, given in the constitution by our pious ancestors, must be understood as limited by the Divine commands; and therefore, says he, you have power to remove sandbars and islands, and blow up the rocks out of rivers and creeks, to make a channel which providence has begun and left unfinished; but beware, he would say, "how yon cut down a tree, or remove a rock, on the dry land, to complete what Providence has begun there. You have no power by law to do this last; besides, it is impious, it is not the will of God." received an equivalent for these lands, by obtaining But, sir, Kentucky should be the last state in the that western world, of which they often seem to me to know Itttle. They might see there, in the very spot where but yesterday the wild beasts of the wilderness seized their prey by night, and made their covert lair by day, on that same spot to-day stands the common school house, filled alike with the chrildren of the rich and poor-thosehildren who are to be the future voters, officers, and statesmen of the republic. Over that vast region, so lately red with the blood of savage war, the seedfields of knowledge are planted, and a smiling harvest of civilization springs up. And there, too may be seen what a christian statesman might well admire. The schoolmaster is not alone. That holy religion, which is at last the only sure basis of permanent social or political improvement, has there its voices crying in the wilderness. Upon the almost burning embers of the war-fire, round which some barbarous chief but yesterday recounted to his listening tribe with horrid exultation, his deeds of savage heroism, to day is built a temple dedicated to that religion which announces "peace on earth, and good-will towards men." Yes, sir, all over that land, side by side with the humble school house, stand those "steeple-towers "And spires whose silent finger points to Heaven." Is it sir, can it be in the heart of an American statesman, to check in its progress, or crush in its infancy, a social and political system, which has tendencies and fruits like this? But, sir, I find myself tempted, by themes so full of hope, to wander, as some may think, into subjects having a bearing upon the immediate question, too remote to justify their discussion here. I beg to remind this house that the bill now before it is a part, sinall, indeed, but still a part of a system of policy which long ago you established for the western country, which hitherto you have cherished, and which aided by the patient, persevering labor of your people there, has produced the happy results which I have so hastily and imperfectly laid belore you. I feel an assured confidence that I do not plead in vain to an American congress in such a cause. Still should I unhappily be mistaken in this, conscious of the rectitule of my own motives, I shall cheerfully submit to whatever decision it shall please the house to make. When Mr. Corwin concluded, the previous ques tion was demanded by Mr. Casey, and carried; and the main question being put on ordering the bill to be read a third time, was decided as follows: YEAS-Messrs. Adams, Alexander, J. W. Allen, Lincoln, Logan, Marvin, Samson Mason, May, NAYS-Messrs. Andrews, Atherton, Beirne, The bill to anthorize the entry of lands in Ar- concurred. This motion occasioned a debate by Messrs. Crittenden, Wright, Rives, Niles, Preston, and Davis, who gave way on the suggestion of Mr. Webster, and the action on the bill was suspended by consent, with a view to obtain better information in rated at twenty guns, there being, apparently, an regard to the command by a lieutenant of a vessel express law against it. The senate adjourned, after an executive session. May 25. After the transaction of some business committee on the Oregon territory, reported the bill of minor importance, Mr. Linn, from the special referred to them, for the occupation by the United States of the Oregon river, with an amendment; which was read. Mr. L. stated that this bill was accompanied with making appropriations for the naval service for the ture, to all public creditors who are willing to receive them." Mr. Webster (Mr. Clay assenting) offered the amendment inserted in our last, for the proceedings on which see page 208. May 26. Varions bills of a private character were received from the house, and severally read twice and referred. The senate resumed the consideration of Mr. Clay's joint resolution, prohibiting discrimination in the kinds of money received for the public revenue in its different branches, and requiring the receipt and disbursement of sound specie-paying bank notes. The question being on Mr. Clay's motion (the privilege of modifying it having been refused to him) to strike out that clause in the resolution requiring disbursements to be made in the bank notes received, when the public creditor should be willing to receive them, the debate was continued on the resolution generally, and on its particular provisions, by Messrs. Clay, of Kentucky, Calhoun, Sevier, Wright, Rives, Niles, Morris, Smith, of Indiana. In the course of the debate Mr. Rives suggested, but without offering it, an amendment to the resolution, requiring the secretary of the treasury not to demand the specie at the banks for the notes rety of the public funds; of carrying on the necessaceived, except for the purpose of securing the safery operations of the government, or of preventing dangerous over issues of paper by the banks. The motion of Mr. Clay, to strike out the clause to be paid out to those who should be willing to reof the resolution requiring the bank notes received ceive them, was carried in the affirmative: Ayes 44, no 1-Mr. Tipton. Mr. Wright then moved to strike out the provision requiring the notes of sound specie-paying banks to be received by the government. This motion was carried in the affirmative as follows: YEAS-Messrs. Allen, Benton, Brown, BuchaGrundy, Hubbard, King, Linn, Lumpkin, Lyon, nan, Calhoun, Clay, of Alabaina, Cuthbert. Fulton, Morris, Mouton, Nicholas, Niles, Norvell, Pierce, Clayton, Crittenden, Davis, McKean, Merrick, to strike out the appropriation for the exploring exThe question being on Mr. Crittenden's motion pedition, Mr. Davis concluded the remarks which he commenced yesterday, in favor of this motion, not on account of any objection to the general obJect proposed by the expedition, which he highly approved, but because as he argued at considerable length-there was every practical reason for The whole resolution now consisted only of the want of confidence in the taient, promptness, and substitute for the first clause adopted yesterday on Bell, Bicknell, Birdsall, Bouldin, Brodhead, Bruyn, energy of those to whom the direction and disposal motion of Mr. Webster, prohibiting the issuing and Cambreleng, Wm. B. Bampbell, J. Campbell, of the expedition were committed, and in whose enforcing of any order inaking discrimination in William B. Carter, Cheatham, Cleveland, Clowney, hands they were still to remain; and because that, the kinds of money received in the different branchColes, Connor, Crockett, Cushinan, Dawson, De- by the appointment of a commander of the expedi-es of the revenue; (that is simply annulling the berry, Drongoole, Edwards, Elmore, Everett, tion over the heads of more than a hundred superi- specie circular, and prohibiting all similar orders Farrington, I. Fletcher, Fry, J. Garland, J. Graham, Grantland, Graves, Griffin, Hawes, Haynes, ings of honor and spirit of chivalry so all important or officers, a fatal blow would be given to the feel-hereafter.) Hopkins, R. M. T. Hunter, T. B. Jackson, in the navy; and especially because that, by the ap-quiring that the secretary of the treasury, acting Mr. Morris then offered a long amendment reJ. Jackson, J. W. Jones, Keim, Kemble, Lawler,. pointment of a lieutenant to command a twenty-gun under the resolution of 1816, should receive such same appointment to command a squadron, there be paid out to the public creditors; that such notes vessel, an express law was violated, and, by the notes, and none other, as are authorized by law to was also a violation of an express order of the de- should be presented monthly at the respective banks partment, under the hands of the navy commission- for payment, which should be deposited in special the United States. ers, the secretary of the navy, and the president of deposites as directed by law, or as the secretary of the treasury should think proper, and should there remain, till withdrawn by order of the secretary; that the notes of no banks should be received which issued notes of less denomination than $5, nor of any bank that should not be within iniles of the place where the notes should be offered in payment. Legare, Lewis, Loomis, Lyon, Mallory, J. M. Ma So the bill was passed to a third reading, and was on the same day, read a third time, and passed. TWENTY-FIFTH CONGRESS. SECOND SESSION-SENATE. May 24. After the disposition of the communication from the treasury department, in reply to Mr Clay's resolution in relation to the receipt of bank notes as revenue. (as stated in our last,) on motion of Mr. While, the president's message and the communication of the secretary of war, on the subject of delaying, for two years, the removal of the Cherokee Indians, and of making further provision for their removal and for indeinnities to be made to them, was taken up, and, after some remarks by Mr. White and Mr. Sevier, it was referred to the committee on Indian affairs. On motion of Mr. White, the secretary of war was required to inform the senate whether any answer had been given by the Cherokee delegation to the propositions contained in his communication on the subject of the removal of the Cherokee Indians, and, if so, to transmit to the senate a copy of such answer. The following bills were severally read a third time, and passed: The question was now put on Mr. Crittenden's motion to strike out the appropriation for the exploring expedition, (about $200.000, in addition to $700,000 already expended,) and it was negatived as follows: YEAS-Messrs. Bayard, Clay, of Kentucky, NAYS-Messrs. Allen, Benton, Brown, Bucha. The bill was then ordered to be engrossed for a third reading, and, by consent, was at once read a third time, and passed. On motion of Mr. Hubbard, the senate took up the joint resolution introduced by Mr. Clay, of Ky. which was as follows: Mr. M. expressing a wish to speak on this amendment, and pleading indisposition for not proceeding this evening, (it being how half past 6 o'clock,) asked an adjournment; and the senate adjourned. May 28. The Vice President presented the following: A communication from the secretary of the treasury, in pursuance of a senate resolution of February 28th, with tables of the rates of exchange, foreign and domestic, and of the prices of bank notes. Laid on the table, and ordered to be printed. A communication from the secretary of war, in reply to a resolution offered by Mr. White, and informing the senate that no reply had been received from the Cherokee delegation to the measures pro. posed by the secretary of war in relation to further time for the removal and further indemnity of the Cherokee Indians, but that John Ross and another of the delegation had expressed their acquiescence to those measures. Referred, on motion of Mr. White, to the committee on Indian affairs. "Resolved, &c. That no discrimination shall be made as to the currency or medium of payment in the several branches of the public revenue, or in debts or dues to the government; and that, until otherwise ordered by congress, the notes of sound banks, which are payable and paid on demand in the legal currency of the United States, under suitable restrictions, to be forthwith prescribed and A communication from the postmaster general, promulgated by the secretary of the treasury, shall in reply to a senate resolution of the 23d instant, inbe received in payment of the revenue and of debts forming the senate that having no legal authority to and dues to the government, and shall be subse- require of the postmasters the receipt by them of quently disbursed, in a course of public expendi-bank notes, the postmaster general had issued no |