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SENATE.]

Case of Commodore Porter.

[JAN. 23, 1826.

specie, which were not communicated in the President's arm their vessels. Nay, more, the Secretary of the Navy, Message. in his letter of the 21st of December, 1824, says "Con

In the printed trial of Commodore Porter, we find a let-voy has been often declined, rather than submit to delays, ter from the Secretary of the Navy of the 22d of Decem- or changes in the course of the vessel; and it is understood ber, 1823, to the Commodore, in which he says, "you that insurance is unusually low, and that the offices add may receive on board specie, and the articles permitted little, if any thing, on account of this risque. It may be efby the act for the better government of the Navy, belong-fected to the West Indies at one per cent. on the outward, ing exclusively to our own citizens, and carry them from and one on the homeward voyage; and in some instances one port or place to another, when it does not, in any de-at one and a-half, embracing both, which is below the acgree, interfere with your other duties, or violate the laws tual expense of arming." It is therefore evident, that the of the country where you are. You may also bring to public excitement upon this subject has been unreasonathe United States specie belonging to our own citizens, bly great, and it is to be regretted that it has led to the loss but you are in no case to permit any thing in the shape or of more of our brave seamen than fell during the late war, character of public advertisements, to be used for the pur-lost in a deadly climate and in an inglorious service. pose of giving information that you will carry them." "You will, from time to time, make reports to this Department, of all the specie and other articles you may carry, the places to and from which you may carry them, and the circumstances, terms, and conditions, under which you do it."

In conformity with the instructions of this letter, Commodore Porter issued his orders to his squadron; and on the 16th October, 1814, he made a return to the Navy Department, from which it appeared that the specie transported at that time, by his squadron, amounted to $399,000; that transported by Lieutenant Gallagher not included. If this information had been communicated to the Senate, the opinions formed then of the conduct of Commodore Porter would have been very different from what they were. This information, with much more, was laid before the Court of Inquiry, which induced them to acquit Commodore Porter most honorably of all charges of car rying specie to the neglect of his duty in the suppression of piracy; and to decide "that the manner in which the squadron, under the command of Captain Porter, was employed during the period of his command, appears to the Court to have been highly honorable to him, and the officers and men employed.'

Why the letter containing the orders of the 1st of February, '23, which did not authorize the carrying of specie, from port to port, and place to place, in the West Indies, was sent to the Senate, while that of the 22d December of the same year, which did warrant such transportation, was withheld, it is perhaps not important to inquire. Perhaps the last letter was not thought of sufficient importance to be communicated; perhaps there was some reason for keeping such orders secret; perhaps it was omitted through inadvertence. It certainly was not intended to produce the effect which it did produce-a mortifying though temporary depression of Commodore Porter's character, when it most wanted support.

Whether the transportation of specie from place to place, and port to port, for our merchants, was a judicious employment of our squadron, was not for Commodore Porter to decide. The Executive had adopted it, at the earnest solicitation of our merchants; and, in doing this, our squadron were acting according to orders. A large portion of the specie transported by our squadron, would otherwise have been divided among the pirates. It is specie the pirates are in pursuit of; cut them off from that, and the business would cease.

It is proper here to observe, that the dangers to which our commerce has been exposed in the West Indies has been greatly exaggerated. By the third section of an act of Congress of the 3d March, 1819, for the protection of commerce, continued to this time, our merchants are permitted to arm their vessels and defend themselves against the pirates or others, attempting unlawfully to seize their vessels, not only to defend themselves, but to capture the vessels thus attempting to take them; to bring them into port, to have them condemned, and to divide the proceeds of such vessels and cargoes; yet the risque has been so small, that the merchants have not thought proper to

Capt. Porter, by endeavoring to bring before the Senate the information laid before the Court of Inquiry, did hope to remove impressions formed without this information; and, if the Senate should not be satisfied with his honorable acquittal by the Court of Inquiry, he is willing to submit to a more rigid examination of his conduct. But he has not attempted to answer the arguments and inferences used against him in the Senate. He has not, by any observations of his own, endeavored to obviate them; but, if he had, it would not be beneath the dignity of this body to listen to him. When the conduct of General Jackson had been scrutinized with great severity in the Senate, the General sent a long memorial in answer to the charges made against him, in which he recriminates very freely upon those who made charges against him. The Senate received this memorial, read it, ordered it to be printed, and it now forms a part of our documents. Com. Porter asks nothing like this. He wishes them to examine more fully, what they examined in part last winter. He wishes them to be convinced, by examining the proceedings of the Court of Inquiry, that, in transporting specie, as laid to his charge by Mr. Randall and Mr. Mountain, he has acted agreeably to the laws and agreeably to his orders; and this favor he asks in terms sufficiently respectful and submissive. If we do not think proper to express an opinion upon the subject, let us not lay hold of the occasion to lacerate the wounded feelings of this gallant officer. Let us not insinuate, by any resolution of ours, that Captain Porter has disturbed the discipline of the Navy by an ap peal from the decision of a Court which he never meant to make, and has not made. If we cannot grant his request, let us dismiss it with the respect due to a meritorious officer. If the report of the Committee had been, that they did not think it expedient to enter into the consideration of this subject, as the same had been decided by the proper tribunal-and therefore asked to be discharged from the further consideration of the subject, although it would have been wanting in courtesy to the applicant; yet no objection would probably have been made to this report, and it is now respectfully suggested to the Committee to amend their report, by inserting, that Commodore Porter, having been acquitted by the Court of Inquiry, and there being no grounds for forming an opinion unfavorable to their report: therefore, resolved, that the Committee be discharged. If this is not acceded to, a specific motion will be made to recommit the case to the same Com

mittee.

Mr. HAYNE, Chairman of the Naval Committee, rose in reply to Mr. DICKERSON, and said, that an answer to a single question would show that the gentleman from New Jersey was mistaken in the view which he had taken of this subject, and that the Naval Committee were in the right. How came this case before the Senate? They had been told by the gentleman, that it had been carried before a Court of Inquiry, and had there been properly decided-therefore, Mr. H. repeated, how came the case of Commodore Porter before the Senate? Was it not on an application by that gallant officer for the expression of an opinion by this House, which had been decided by a

JAN. 23, 1826.]

Case of Commodore Porter.

[SENATE.

Naval Court? It was true, this might not, technically, be any investigation that could have been instituted, here or an appeal, inasmuch as it was an application, not to re- elsewhere, have satisfied the nation better than this had verse, but to support and confirm a decision; but it was an done? Under such circumstances, Mr. H. said, the presentaapplication here on a subject matter which had been tried tion of the memorial at all was an objectionable proceeding. and decided before a proper tribunal-therefore, the Sen- After the decision of the court of inquiry on the identical. ate would be warranted in considering it in the light of an matter submitted to the Senate, to bring it here in any appeal to that body, from the decision of the Court of In- shape, or in any form, was in the nature of an appeal to the quiry, and would agree with the committee in the conclu- Legislative body from the decision of a military tribunalsion, that it was not proper that matters of this sort should and he thought it was calculated to do injury to the discibe submitted to them-that such a proceeding would be pline of the service. He did not impute to the Commoinjurious to the discipline of the service, and no good dore any such design. He was of opinion he had been could possibly result from it. The Senate would, he pre-induced to take the step he had done, by his excited sumed, consider the committee as equally correct in the feelings. Mr. HAYNE certainly did not mean to say that conclusion, that they ought to be discharged from the the Commodore was disposed to injure the discipline of further consideration of the subject. the service; very far from it; but the measure of itself Mr. H. said he would take a short view of the nature of was calculated to have that effect, and was, therefore, obthis transaction-he would enter into a brief history of it,jectionable. If the Senate were to take cognizance of to shew that the view which had been taken of it by the the case, he thought it would be setting a very bad examNaval Committee, was not subject to those exceptions ple. The gentleman from New Jersey had said that the which had been suggested by the gentleman on the other Naval Committee had misconceived the object of the meside, who, he thought, had not displayed his customary morial. How was its object to be ascertained but from accuracy in the statements he had made, and in the infer- the memorial itself? How came the proceedings of the ences he had drawn from those facts. Court of Inquiry to be found on your table? They were called for by the gentleman from Massachusetts, (Mr. LLOYD) at the solicitation of Commodore Porter himself, as he has expressly stated. How came the letter of the Commodore to be submitted to the Senate? Because, he tells us, he understood from the gentleman from Massachusetts, that he did not intend to originate any proceeding in the business. Here is the letter of the Commodore, said Mr. H. and the Senate could judge if the Committee had misconceived its meaning.

At the last session of Congress, said Mr. H. during the progress of the bill for the suppression of piracy, information was called for from the proper department, on the subject, and the communications of Messrs. Mountain and Randall were submitted to this House-and what, asked Mr. H. did these communications set forth? That piracy prevailed in the West Indies to an alarming extent, in consequence, as they believed, of the absence of a portion of our force on that station. They did not attribute this to Commodore Porter, and he thought that every gentleman who looked further into those proceedings would find they expressly disclaimed all idea of casting censure on the commanding officer. They asserted that piracy existed, and that our vessels were not so frequently on the coast as was requisite for its suppression; but, whether that line of conduct was consistent with the instructions which had been given to the commanding officer, was a question which they did not pretend to decide.

The Senate, acting on the lights they had, passed a bill on the subject, which occasioned some free debates, but Mr. H. said, if he was not mistaken, the gentlemen, who, in the course of those debates, expressed themselves most strongly on the subject, always qualified their expressions, in such a manner, as to spare the feelings of the Commodore. For himself, he could distinctly state, that he had abstained from any harsh construction of the conduct of that officer.

On Com. Porter's return to his country, he demanded, as every high-minded officer should have done, an official inquiry into his conduct-not from the Senate, but from his official superior. He did not come here, and, presenting a petition, say, let my conduct, which has been called in question in this Hall, be investigated by you. He did not ask us, in consequence of opinions unfavorable to his character, to appoint a committee to investigate his case. No. He took the proper course. He went to the Secretary of the Navy, and claimed a full inquiry by a proper court, embracing his whole conduct while on the West India station. He sought for a trial by his peers, the officers of the navy-a tribunal appointed by law for the decision of matters of that nature. That tribunal had investigated the subject at great length, and the gentleman had before him the result. On inquiring into the subject, they had found the Commodore's conduct, as far as this question was concerned, free from censure, and that he had performed his duty conformably to his instructions and the means placed at his disposal. Mr. H, asked whether the matter ought not to have rested there? Could the friends of Commodore Porter hope to obtain any decision before this or any other body better calculated to satisfy his feelings, and to do justice to his character? Could

[Mr. H. here read the memorial of Commodore Porter, which stated that the proceedings of the Court of Inquiry and Court Martial, had been called for at his request, and Mr. H. contended that, as the Senate had been called upon for the expression of an opinion on the subject, it was manifest that the whole proceeding was in the nature of an appeal from the decision of the Court.]

Mr. H. then proceeded to insist, that, as the Court of Inquiry and the Court Martial had determined the only questions there were to be decided in the Commodore's case, the subsequent application to the Senate was substantially, and in effect, an appeal from a military tribunal, to a legislative body, and calculated to do injury to the discipline of the service.

The gentleman from New Jersey, Mr. H. said, had gone a little further, and it would be necessary to say a few words in answer to another part of his argument. He had introduced the instructions which had been given to Commodore Porter, and asks of the Senate whether, when they called for the instructions under which the Commodore had acted, if any member had supposed that there were others which had been kept back, and which had an important bearing on the subject? Mr. H. said when the gentleman had stated this proposition, he was something startled by the imposing emphasis with which he had stated the case; but when he came out with those additional instructions which he supposed had been sup pressed, what were they? Nothing more than that the Commander of the squadron might receive and transport specie in his squadron, when it did not interfere with the performance of his other duties. Was this a secret to the Senate? Did not every one in this House know it? Had they not been discussing the question for two years, whether that permission ought be continued'

Mr. H. said he was a member of the committee to whom the subject was referred two years ago, with a view to alter these very regulations. Did they not repart a bill, and did not the gentleman from New Jersey vote on the bill, and yet he supposed those instructions, which were indeed the general regulations of the Navy, were a profound secret to the Senate. If the Secretary of the Navy had incumbered their tables by sending

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these general instructions for the use of the Senate it would have been thought, at least, a very superfluous act. In the discussion of the case, it had always been conceded, Mr. H. said, by every gentleman, that such were the instructions under which Commodore Porter was acting. No one ever questioned his right to carry specie. The only question was, whether he had so conducted himself in this respect as to interfere with the performance of his other duties.

Mr. H. did not believe that Commodore Porter himself entertained the opinion which had been expressed by the gentleman from New Jersey, that the best way to suppress piracy was to employ the squadron in carrying specie. If he had entertained such an opinion, and had acted on it, the result would have been equally unfortunate for himself and the country.

The gentleman had thought proper to compare the case of Commodore Porter with that of General Jackson. Mr. H. said, that this was not the case of Jackson, which differed from it in all its characteristics. In that case General Jackson had been brought into the Senate, and had merely defended himself. But it would appear from what the gentleman himself had stated, that the Senate had treated Porter as they had done Jackson. What did the Senate do with the memorial of Jackson? The gentleman | had told them that it had been received, it had been read, and that it was ordered to be printed: a similar course had been pursued in the case of Cornodore Porter, and the House, he believed, were now satisfied that neither of the cases were of a nature to be brought properly before them. It was unfortunate they had ever taken cognizance of the one, and it would be equally so were they to take cognizance of the other.

The gentleman from New Jersey had said, and Mr. H. said he coincided with him, that it was proper not to try the merits of the case here. Then certainly it was not proper to instruct the committee to try the case. It would have occupied their time during the whole session, and would have cost this nation as much money as the Court which had already tried it; and if it were not proper to subject it to an investigation, it certainly was not proper to decide it without an investigation. They must either take the decision of the Court Martial and Court of Inquiry, or investigate fully and rigidly. We must send for persons and papers, and go into the merits of the case, which the gentieman had admitted it was not proper for us to do.

The gentleman has asked for a qualification of the terms of the report, which Mr. H. said he would read, and haps he should be able to show it was not necessary to make any modification.

[JAN. 23, 1826.

the reputation of our Naval Officers. The conduct he had. on all occasions, observed, he thought would shield him from any such imputation; and he hoped that nothing had fallen from him, even on the present occasion, that could be construed into the expression of an opinion unfavorable to the character of Commodore Porter, or any of his officers. He was merely anxious to explain the views of the committee, of which he was the organ, and to show that this case did not properly belong to Congress.

Mr. DICKERSON said the honorable Chairman of the Naval Committee allows that an appeal is for the purpose of reversing a decision. This not being the case, is not an appeal. But the gentleman says it is in the nature of an appeal. This is pushing the point to an extreme. But he says the very application is objectionable in every shape. Is it so? The manner of his application is perfectly respectful, and the most humble individual has a right to approach this Body when he thinks himself aggrieved by any act of ours, and to lay his complaint before us; and, although we may not think proper to grant the request, we treat the application with respect. Commodore Porter has forfeited none of his rights as a citizen. The gentleman says, the instance of General Jackson is peculiarly unfortunate-that we have done for Commodore Porter all we did for General Jackson. We received his application, read it, and ordered it to be printed-that we did no more for General Jackson. Let it be remem. bered that Commodore Porter does not answer the arguments urged against him in the Senate last winter. Let him answer what was objected to him in this body in a memorial; let it be read, printed, and placed among our documents, as General Jackson's memorial was; and Commodore Porter will ask no more. The honorable gentleman thinks that it was of no importance to communicate the orders of the 22d of December, 1823-thinks that we all knew the provisions of those orders that we acted upon this knowledge; that he possessed it. Whatever knowledge that gentleman might have possessed upon that subject, the observations of Senators, when this subject was discussed, prove clearly that they did not possess this knowledge. What communication contains this letter before it was submitted to the Court of Inquiry? In what document is it to be found? It was not generally known to the Senate; it was not known to the Public, and it certainly was not known to Mr. Randall and Mr. Mountain.

As the honorable Chairman does not think fit to agree to any modification of his report, it is moved to re-commit this per-report to the committee who reported it, with instructions to amend the saine by striking out that part of the report that intervenes between the words "interference of this House," and the resolution to be discharged.

Mr. H. then read the report, and proceeded: It appeared to him there was but one sentence in it to which the Mr. HOLMES then rose and said, that in discussing the gentleman objected, which was in the following words: bill which came before them during the last session for "The committee consider it due alike to the preservation the suppression of Piracy in the West Indies, we had eviof a proper discipline, and to the reputation of our officers, dence before us which created a strong feeling in the Sethat appeals should not be encouraged from the decisions nate, that all was not right with the squadron. We had of the military courts." These words were perhaps not the communications which had been forwarded by Messrs. very material, and it was not important that the Senate Randall and Mountain, and the instructions which had should do more than concur in the recommendation of the been first read to-day by the gentleman from New Jersey; committee in getting clear of the whole subject. But, Mr. and that was all which the Senate had before it during the H. said, this sentence contains the opinion of the commit- discussion. Mr. H. could say for himself, that if he had tee, which was very clearly expressed, and therefore re-known of all the instructions to Commodore Porter, quired no explanation. The committee, however, only requested this House to discharge them from the further consideration of the subject. It was the opinion of the committee, that measures of this kind might be injurious to the discipline of the service: and that, after the decisions had been made by the competent tribunals, the matter ought to be put at rest, and, entertaining that opinion, it would have been a fastidious delicacy not to have expressed it. Mr. H. was glad that the gentleman had done him the justice to state, that he had never manifested a disposition to say or do any thing that might be injurious to

which afterwards became known to the Senate, his feelings would have been very different from what they were at that time. The evidence which had been laid before the Senate as to the carrying of specie, Mr. H. said, had certainly induced them to believe that the officers had exceeded their instructions. But would that have been their belief, if those after instructions had been produced? Why they were not produced he knew not. He did not mean to cast censure any where, but the Senate ought certainly to have been in possession of all these instructions; there certainly was nothing so secret in them as to

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justify their being withheld. The omission had probably arisen from an oversight. The excitement, Mr. H. said, was pretty general, and he remembered the fact, that he had proposed to amend the bill by an additional section, restraining the carrying of specie; and, on that amendment, almost the whole of the discussion had taken place in regard to the conduct of the officers of the squadron in carrying specie; that amendment failed in Committee of the Whole, but in the Senate he renewed the motion, and the amendment was carried. It was then considered that the carrying that amendment by a majority of the Senate, was expressive of an opinion, either that Government had allowed too great a latitude to the officers to carry specie, or that those officers had exceeded their instructions. Mr. H. said, the Senate could know no further of the instructions which had been given to the officers, than from the instructions which had been laid before them. These were much more limited than the after instructions, and he doubted much, if they had had all the instructions before them at the last session, whether they would have passed the amendment he had alluded to, which looked as if it was the opinion of the Senate that all was not right. Had he known then, what he now knew, it would have altered his mind much, and he now believed that the amendment which seemed to imply a censure on the officers of the squadron, would never have been carried, if all the instructions had been laid before them. He was happy the opportunity was afforded for the explanation that had been made, and he confessed, for one, if the information now before him had been at the last session, it would have altered his mind much.

Mr. DICKERSON was glad to hear the remarks of the gentleman from Maine, (Mr. HOLMES;) whatever might be the result of his motion he was glad this discussion had led to the expression of such convictions on the part of at least one Senator. He then moved to recommit the report of the Naval Committee, with instructions to strike out all that part thereof which is embraced in brackets, as above; and

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[SENATE.

them to give a just and correct interpretation to the compact made between the United States and the State of Ohio. By an ordinance of the old Congress, passed the 20th of May, 1785, for ascertaining the mode of disposing of the lands in the Western territory, it is provided, that the lot or section numbered sixteen, containing 640 acres, shall be reserved for the maintenance of public schools, within said township. This ordinance simply reserves the land from sale, but makes no grant or disposal of it whatever. It defines the object and the use for which it is intended, but confers no power or authority for its application. The lands remained in this situation while the ter ritorial government existed, and until Ohio became a State, and was admitted into Union. By the act of Congress passed the thirteenth day of April, 1802, to enable the people within the present limits of Ohio to form for themselves a constitution and State government, the following, among other propositions, were offered to the Convention for their acceptance or rejection: First, "That section number sixteen, in every township, and where such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools." Second, "That the six miles reservation, including the salt springs commonly called the Scioto salt springs, the salt springs near the Muskingum river, and in the military tract, with the sections of land which include the same, shall be granted to the said State, for the use of the people thereof, the same to be used under such terms, conditions, and regulations, as the Legislature of said State shall direct; provided, the said Legislature shall never sell, nor lease the same for a longer period than ten years. These propositions were offered on condition that the Convention of Ohio should provide, by an ordinance irrevocable, not to tax the lands of the United States, until the expiration of five years after the day of sale. This was the consideration to be given on the part of the State of Ohio: this was the equivalent required by the United States. When the Convention met, in Ohio, these propositions were taken up, considered, and accepted, on condition that the following additions and modifications should be made to the same: That a like donation, equal to one thirty-sixth part of the whole quantity of land in the United States' military tract, should be made for the support of schools within that tract; also, that the like provision should be made, for the support of schools, in the Virginia military reservation; and that a provision of the same kind should be made for Mr. RUGGLES said, when this bill was under consider- the benefit of the inhabitants of the Connecticut Western ation, on a former day, he did not suppose that a long and reserve. The Convention also required, that out of all protracted discussion would have been necessary, in order the lands that should be hereafter purchased from the Into satisfy the Senate of the necessity and reasonableness dians, by the United States, within the limits of Ohio, of its passage. He had believed that it would have struck one thirty-sixth part, or section number sixteen in each the mind of every Member at once as being expedient township, should be granted for the support of schools; and necessary. Mr. R. said, he was, however, mistaken, and that all these lands, to be thus appropriated, should and he had found that there was opposition from different "be vested in the Legislature of the State, in trust," for quarters, and on different grounds from what he had the use of schools. The object of these additional anticipated. The Legislature of Ohio has asked Congress propositions, on the part of the Convention of Ohio, was to pass this law, by a respectful memorial; which has to secure to all the people of the State equal rights and been printed, and now lies upon the table. The Legisla- equal advantages that the inhabitants of the United ture are impressed with the belief that it will best promote States' military tract-in the Virginia military reservathe interests of the State, and the people generally, to tion-and the Connecticut Western reserve, where no have the power of managing or disposing of these lands lands had been granted for the support of schools, should confided to their superintendence and control. Mr. R. be placed upon the same footing with the inhabitants of said, in order to discharge his duty to the State, and to the other parts of the State. Another object on the part of Legislature, he now found the obligation imposed upon the Convention of Ohio was, to have the nature of the him to go into a particular history of the compact made grant changed, and vest the lands in the Legislature of the between the convention of Ohio and the Congress of the State, in trust, for the support of schools in the several United States, concerning the lands appropriated for the townships, instead of granting them directly to the inhause of schools, within the State of Ohio, and the subse-bitants of those townships. These additional propositions quent laws that have passed upon that subject.

The question being taken on this motion to recommit the report, it was carried, 17 to 13.

OHIO SCHOOL LANDS.

On motion of Mr. RUGGLES, of Ohio, the Senate resumed the consideration of the bill from the House of Representatives, authorizing the sale of lands granted to the several townships in the State of Ohio, for the support of education.

This course will be necessary, in order to give to the Senate a clear and distinct view of the case; to enable VOL. II-6

and modifications were agreed to by the United States, as will appear by reference to the act of the 3d of March, 1803. Mr. R. said he had not recited the language of

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the propositions of the Convention of Ohio, nor the acts of Congress, literally; his object was to give correctly the substance, in as condensed a manner as possible, and he believed he had done it correctly. From the history of these proceedings, we arrive at that information which is necessary to enable the Senate to form a correct de

cision.

[JAN. 23, 1826.

would then become the duty of the Representatives of the Sovereign States here assembled to discountenance in any State an act of self-degradation. This, however, was not the case. Whatever of right in this matter appertained to the Legislature or People of Ohio, was gratuitously conferred by Congress, but in terms supposed to be equivocal; and, so far from surrendering any thing, even by implication, the prayer of the memorial was, that the rights of Ohio might be rendered more certain, secure, and valuable. Was there, in such a request, any departure from the true dignity of a State? Could an objection exist to united concert and action on the part of both Governments for the sole benefit of the People of Ohio?

It is now proper to inquire, what is the nature of this compact? What are the rights of the two parties? What title in these lands has been conveyed to the State of Ohio? Here Mr. R. went into an argument to show that the right and title to these lands was completely vested in Ohio, as had been expressed in the memorial of the Legislature-that there had been a fair exchange of equivalents between the State and the United States, and that the Mr. K. said, he had thus far considered the subject one was given in consideration for the other. He then without adverting to the act of Congress, which was supstated that there was a difference of opinion on this sub-posed to have conferred upon Ohio the absolute right to ject in the Legislature of Ohio, and among the People of dispose of her school lands. This power, if it existed the State; and for the purpose of doing away these doubts, at all, was conferred by the first section of the act of the and removing all embarrassments, the Legislature had 3d of March, 1803, which declares substantially that these asked Congress to pass the present bill. Mr. R. then gave lands shall be vested in the Legislature of the State, in a history of the proceedings of Congress in the grant of trust, for the use of schools, and for no other use, intent, or twelve thousand acres of land to the Society of United purpose whatever. Did this language create a trust simply Brethren, in trust, for the sole use and benefit of the In- for the purposes of superintendence, receiving rents and dians residing on the Muskingum; and referred to the act profits, and applying them to the use appointed-or did of Congress of last session, authorizing the sale of the it create a trust of a more extraordinary kind, coupled Salt Spring tracts in Ohio. He said he perceived that a with a power of alienation? The English common law difference of opinion existed in the Senate, similar to that had surely furnished no rule of interpretation by which in Ohio; but he hoped that gentlemen would vote for the such language could be made to vest so large an estate as bill; for if the complete title was in the State, it could do the latter. And, to his mind, it was not clear that a more no harm; and if any interest remained in the United liberal rule of construction was to be drawn from the obStates, it would tranfer it to the State. This was the objects in view when the act was passed. These were unject of the Legislature in asking for the passage of such a derstood to be to furnish the People of the new State law, and he hoped their wishes would be gratified. with the means of educating their children, and to hold Mr. KANE said, that when this bill was last brought to out a strong inducement to the purchase and settlement the view of the Senate, the argument turned upon the of the public domain. Such a policy would have been supposed right of Ohio to alienate these lands without the poorly sustained, had Ohio, in her infancy, sold these lands consent of the United States. It was then said that a ma- for any sum they would then have commanded. The amount jority of the members of the Legislature of that State en- raised therefrom would have been too small to be vatertained such an opinion, and that the application for the luable to the People of the State, and the inducement of passage of this bill was made for the purpose of quieting which he had spoken would have been withdrawn. The the doubts of those who would hesitate to purchase until time had now arrived which found this State largely poCongress should, in more express language, settle the pulated and extensively improved. The wisdom and good question. The earnestness with which the subject had faith which characterized her legislation, afforded full sebeen passed by the legislative memorial on the table, and curity against any waste of the means so amply provided by the delegation from Ohio in both Houses of Congress, by the bounty of the nation, for the sacred purpose of ensufficiently proved that these apprehensions were serious-lightening the minds of the rising and future generations, ly and extensively felt. The evident consequence of such of teaching them the value of that "liberty" which cona state of things would be, that sales could only be made stituted the excellence, the strength, and he would add, under embarrassing circumstances, and for inadequate the "power" of our institutions. considerations. Yet it has been objected, that the passage Mr. K. observed, that there was a feature in the bill of the bill would be an act of superfluous and excessive which he feared would be found inconvenient and emlegislation, and that Courts of law were the proper tribu-barrassing in its operations. He alluded to the clause nals for settling such questions. Is that act (asked Mr. K.) which made the consent of the People of the several townsuperfluous or excessive, the certain tendency of which ships an indispensable preliminary to a sale. If he had was to quiet dispute, and render available the means set taken an accurate view of the existing law, that provision apart for the encouragement of learning? Could a sub-was unnecessary. The sixteenth section in each townject of more interesting legislation be presented to an ship in the States of Indiana and Alabama, was granted to American Congress? He contended, that the only dan- the inhabitants of such townships. In the States of Illiger to be apprehended by a purchaser, was the possibility nois and Missouri the grants were made to the States that the United States might one day dispute with Ohio for the use of the inhabitants of the townships. But, in the right of unlimited control over these lands. If no the State of Ohio, by the act to which he had particularly such intention existed, where was the necessity of refer- alluded, these lands were vested in the Legislature of the ring to judicial tribunals, a matter in which we feel no State for the use of Schools within the State. Some confuinterest? It would be more kind and respectful to that sion of opinion had been produced by the supposition great State to 'disavow, promptly, such motives by pass-that the laws on the subject were uniform. But as the ing the bill. The honorable gentleman from Kentucky, has said that Ohio, by making the request, was wanting in that respect she owed to herself as an independent State, that she ought to know and exercise her privileges fearlessly and at her own pleasure., Had the interest in the land been vested in the Legislature by the People of Ohio, this objection could not easily be removed. It

Legislature of Ohio, which represented the People of the State, had requested that this preliminary should be required, he would vote for the bill as it stood, unless the honorable Senators from that State chose to move an amendment.

Mr. BERRIEN offered some remarks in explanation of what he had formerly said on this subject (which had

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