bor's fare. It became necessary to pass what we should call, now-a-days, the civil-list appropriation-bill. They passed such a bill; and when we shall have made a void in the bill now before us by striking out specie payments for government, I recommend to its friends to fill the gap by inserting, if not the same provisions as were in the law of the State of Franklin, at least something in the same spirit.

The preamble of that law, Sir, begins by reciting, that the collection of taxes in specie had become very oppressive to the good people of the commonwealth, for the want of a circulating medium. A parallel case to ours, Sir, exactly. It recites further, that it is the duty of the legislature to hear, at all times, the prayer of their constituents, and apply as speedy a remedy as lies in their power. These sentiments are very just, and I sincerely wish there was a thorough disposition here to adopt the like.

Acting under the influence of these sound opinions, Sir, the legislature of Franklin passed a law for the support of the civil list, which, as it is short, I will beg permission to read. It is as follows:

"Be it enacted by the General Assembly of the State of Franklin, and it is hereby enacted by the authority of the same, That, from the first day of January, A. D. 1789, the salaries of the civil officers of this commonwealth be as follows, to wit:

"His excellency, the governor, per annum, one thousand deer-skins; his honor, the chief justice, five hundred do. do. ; the attorney-general, five hundred do. do.; secretary to his excellency the governor, five hundred raccoon do. ; the treasurer of the State, four hundred and fifty otter do.; each county clerk, three hundred beaver do.; clerk of the house of commons, two hundred raccoon do.; members of assembly, per diem, three do. do. ; justice's fee for signing a warrant, one muskrat do.; to the constable, for serving a warrant, one mink do.

"Enacted into a law this 18th day of October, 1788, under the great seal of the State.

"Witness his excellency, &c.

"Governor, captain-general, commander-in-chief, and admiral in and over said State."

This, Sir, is the law, the spirit of which I commend to gentleI will not speak of the appropriateness of these several

men.

allowances for the civil list. But the example is good, and I am of opinion that, until Congress shall perform its duty, by seeing that the country enjoys a good currency, the same medium which the people are obliged to use, whether it be skins or rags, is good enough for its own members.

GRADUATION OF THE PRICE OF THE

PUBLIC LANDS.*

MR. PRESIDENT,-I have hardly had time to look at the bill before I am called on to vote on the question of its indefinite postponement. I shall, however, take the occasion to say a few words, principally because it is known that, on some of the subjects connected with the public lands, I have the misfortune to differ with those with whom I generally act. I well recollect that my attention was earnestly called to this subject by Mr. Madison, at the close of his administration, who remarked that the Northern and Atlantic members of Congress had been quite too inattentive to it; that it was a great interest. It may show how much even Mr. Madison underrated this interest, when I state that he proceeded to remark, that he had no doubt, under a proper administration, the public lands would yield annually a million and a half of dollars.

The earliest occasion for my taking a part in the deliberations on the public lands was during the first session in which I took my seat in the Senate. A graduation bill was then before Congress, and the whole subject was much discussed. I at that time heard doctrines and sentiments advanced which struck me very strangely. I recollect an able and elaborate argument by a member from Indiana, designed to prove that all the new lands in any new State became the property of that State, by the mere fact of her admission into the Union. I heard a speech in favor of the same sentiment by a member from Alabama, so distinguished for legal and constitutional attainments as since to have been made a judge of the Supreme Court of the United States.

*Remarks made in the Senate of the United States, on the 14th of January, 1839, on the Bill to graduate the Price of the Public Lands, the question being on the indefinite postponement of the Bill.

These doctrines and opinions I have certainly opposed to the utmost of my power, as having no foundation in constitutional law, and as subversive of all justice and equity to the States. They did not obtain much favor with the country, and, after a while, appear to have been abandoned. But another proposition has subsequently arisen in another quarter, in my opinion equally objectionable, which is, that, though the public lands rightfully belong to this government, yet Congress ought to cede them to the States in which they lie. This also I opposed, and shall continue to oppose, because I regard it as palpable injustice to the States generally, and a direct violation of the trust upon which the lands were originally conveyed to Congress.

In regard to both these propositions, while I have exerted myself to maintain what I thought the true interests of the country, I have the pleasure of concurring with those with whom I generally act on political subjects. With regard, however, to some subordinate questions as to the mode of administering this trust, I differed with them last session on the preëmption bill. I was in favor of that bill. I wished then, and wish now, that the bill had been more perfect, so as to carry out more fully and completely the intentions of Congress. On this subject of graduation, also, I expressed opinions at an early day in which my friends do not concur. In the session of 1827-28, before referred to, I moved to amend the bill then pending by striking out all after the enacting clause, and inserting what I will now read.

"That, at any time from and after the first day of January, anno Domini one thousand eight hundred and twenty-nine, such portions of the public lands as shall have been offered at public sale, and shall also have been subject to entry at private sale, for the term of years, and shall still remain unsold, shall thenceforward be offered at private sale in parcels conforming to sectional divisions and subdivisions, at the rate of per acre.

"Sec. 2. And be it further enacted, That it shall and may be lawful for any head of a family, young man over the age of twenty-one years, or widow, not having received a donation of land from the United States, and wishing to become an actual settler on any parcel of public land authorized by the first section of this act to be sold at acre, and not exceeding in quantity the amount of one quarter-section, to demand and receive, from the proper register and receiver, a written

per

permission to settle on the same, upon payment, to be made to the proper receiver, of the sum of cents per acre; and if such person, so applying for and receiving such permission, shall forthwith settle on the said land, and he or she, or his or her heirs or legal representatives, shall cultivate the same for five successive years, and shall be a citizen or citizens of the United States at the end of that time, then, on proper proof being made, before the register and receiver, of such settlement, cultivation, and citizenship, a patent shall issue for the said land to the person who received such permission, or his or her heirs or legal representatives. And the faith of the United States is hereby pledged to all persons who may settle on the public lands, according to the provisions. of this section, that no dispensation shall, at any time, be granted to any individual from complying with the substantial conditions herein prescribed. And if due proof of settlement, cultivation, and citizenship, as herein required, be not made within years next after the expiration of said five years, the said land shall again be subject to entry at private sale, as land belonging to the United States."

The Senate will take notice that the bill then pending was a bill "to graduate the price of the public lands, to make donations thereof to actual settlers, and to cede the refuse to the States in which they lie"; and that my amendment embraced two objects, the graduation of price and the donation to actual settlers, but rejected all cessions to the States. It will be noticed, too, that this graduation proposed but one step, and to stop there. As to donations to actual settlers, I have often expressed the opinion, and still entertain it, that it would have been a wise policy in government, from the first, to make a donation of a half or whole quarter-section to every actual settler, the head of a family, upon condition of habitation and cultivation; that this would have been far better, and freer from abuse, than any system of preemption.

And as to graduation, what is it? It simply means a reduction of the price, in order to make sales of lands that will not sell at the existing price. Certainly it can be no matter of principle that all lands, good and bad, shall be held at the same rate. It may be expedient or inexpedient, but no principle is involved in the matter. The law of 1820, which reduced the price of all lands from $2 to $1.25 an acre, was itself a graduation bill, and a most important one, and its effects have been generally thought to be useful. When lands have been a