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Mr. MANGUM was disposed to vote for a special committee, because he desired to see the subject fairly and fully deliberated on. He deprecated all party feelings, and hoped they would be avoided in the consideration of this matter. He did not believe there was any intention, and for himself he disclaimed any, to cast the slightest disrespect on the general committee. But this was a subject which did not come within the range of their duties. The great question to be considered, and it was of the highest magnitude and delicacy, was, how far have we a right to proceed? He was unable to lash himself into any excitement on the subject. He had never been able to apprehend those dangerous results which others seemed to fear; and, whatever was to be feared from the dispersion of incendiary publications in the South, he thought there was in the Government no power over their general circulation. He should regard the assumption of any such power as deeply to be deprecated. After seeing many Eastern friends, he was prepared to concur with the gentleman from Virginia, that, through all the Northern region of country, whatever difference existed on the abstract question of slavery, the general structure of public opinion was sound. He did not fear any excitement here or elsewhere. We were compelled to act on this subject by the suggestion in the message of the President. He regarded it as a question of great moment, and every gentleman must see the propriety of giving it to a separate committee. The Committee on the Post Office and Post Roads were likely to have more labor than they would be able to discharge. New routes would be presented to them from every part of the country. But whether such was the case or not, the great question here to be considered was foreign to the objects within their province, and could have no reference to their duties.

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lation to the intelligence of the non-slaveholding States, he could not agree with the honorable Senator from North Carolina that there was no danger. Certainly there was no immediate danger. The decision and energy exhibited during the last summer at the South, with the aid of public opinion to the North, had checked the incendiaries. Without such decisive manifestations we should now have had philanthropists travelling in the slave States, and claiming the "constitutional right" to stimulate the slaves to rebellion. But though there was no cause for immediate alarm, there was every motive for the Southern States to keep a vigilant eye on all the movements in relation to this matter. It was well known that associations made up principally of hypocrites and fanatics, and rendered more mischievous by having obtained the assistance of some well-meaning but most weak and misguided men, were laboring incessantly to render their position in regard to their slaves uneasy and insecure. Fanaticism of all kinds had a tendency to spread. In its very nature it was contagious, and it could only be extinguished by decisive measures on its first outbreaking.

He had not made up his own mind, Mr. P. said, on the power of Congress to the extent to which the inquiry suggested by the President might lead. It was unnecessary to state that a strong excitement prevailed through the South, and the citizens of that section certainly expected action on this subject, if it could be constitutionally had. If it could not, they would not ask it, and would look round for measures from their own legislation by which they might protect themselves. The Committee on the Post Office and Post Roads was composed, in a large proportion, of gentlemen from nonslaveholding States. He could not be misunderstood, after what he had already said. He meant no disrepect, but he thought that, if the conclusions to which the committee who might have the matter in charge arrived were adverse to the power, it would obtain an easier and more cordial assent from the people of the South if it came from members having the same interests with themselves, and acting under the same sense of danger, and the same desire to obtain a remedy for a common evil. For this reason, Mr. P. said, he preferred a special com

If it were to be sent to either of the standing committees, the Judiciary would be the most appropriate one. Those who most deprecate the circulation of incendiary publications feel a still stronger apprehension as to the extension of the powers of the Government. Mr. PORTER, of Louisiana, said that the question was not of much importance, though the matter which gave rise to it was of paramount importance to that por-mittee. tion of the Union from whence he came. He thought, Mr. CLAYTON said, if this subject was to go to any with the Senator from North Carolina, that, if the sub-standing committee, he would like to hear some good ject must go to one of the standing committees, it reasons why, if it involved a question of constitutional should be that on the Judiciary; as the main question to law, it ought not to be sent to the Judiciary Committee. be examined was the constitutional power of conferring But he believed the gentlemen on that committee were such authority on the Post Office Department as had not anxious to assume the duty, and therefore he would been solicited from certain quarters of the Union--not vote for sending it to a special committee. It should on any of the details connected with that branch of the be remembered that this subject was not before the Government. Senate when the standing committees were appointed, and that the committee on the Post Office was not selected in reference to it. He was in favor of a special committee, because he wished gentlemen from the South on the committee. He was desirous to see more of these than from any other section of country. Four out of five of the Post Office Committee were Northern Senators, and this was an objection in his mind to sending the subject to that committee. He spoke as one representing Southern interests and feelings, and his constituents would be better satisfied if Southern gentlemen were on the committee. If it was to go to a standing committee, the subject should be sent to the Judiciary, as the most appropriate; but, as they were not anxious to have it, he was willing to give it to a special committee.

Mr. P. preferred the special committee, not because he thought it would differ widely in its conclusions from that on the Post Office and Post Roads, but because he thought it was due to the importance of the subject that every thing which could mark the deep sense of the Senate of its weight and gravity should be done. He concurred with the Senator from North Carolina on the opinion which generally prevailed among persons of intelligence in the non-slaveholding States on this question. He also gave his ready and cheerful testimony to the liberality which his brother Senators from all parts of the Union exhibited, and he had no doubt felt, on this most delicate of all questions. They looked at it with the eyes of statesmen and patriots. They saw that, constitutionally, the non-slaveholding States could not interfere, and they knew that all attempts of this kind must end either in drawing tighter the bonds which confined the the slave, or in bursting them with consequences which no one could contemplate without horror.

But while he assented to all that had been said in re

Mr. KING, of Alabama, expressed some surprise at the general disclaimer of party feelings. He had charged no such feelings to any Senator, and there was no reason or necessity for the disclaimer. He had contended that the Government had no right to interfere with the slave question at all, nor by any of his acts would he

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even indirectly give them the power. His constituents were almost as deeply interested in this question as any portion of the community-perhaps there were none more so. With this conviction, and notwithstanding the excitement which had existed last session, he would rely on the Northern States to put it down at home, and not permit any of their citizens deliberately to disturb the peace and harmony of the whole country. But he would not interfere here, in his place, as a Senator. He was not prepared to say how far the Post Office Committee could interfere with any other matter; but, so far as these incendiary publications go, to put an end to their transmission by the mail would be their duty and the duty of Congress. Further than this he thought they could not go. Did the President recommend any thing beyond this? Gentlemen had talked about a new principle. He did not see any of the dangers which they seemed so much to dread, and he would rather see the subject in the hands of the Senators from the North. He was not disposed to add to an excitement already too great. Although he felt great confidence in the feeling of the Northern Senators, among the people, who had less favorable opportunities for judging, different opinions might sometimes prevail. These suspicions did not confine themselves to the ordinary body of the community, but had even found their way into executive communications; and they would all be satisfied when they saw those States, which ought to put down the excitement, taking measures do to so.

Mr. GOLDSBOROUGH suggested that the Senate had gone into a discussion of the subject, when the only proposition before them related to the institution of an inquiry. The Senator from South Corolina had asked for a committee, not merely on a subject which was relevant to the duties of the Post Office Committee, but involving a question as to the constitutional powers of the Government. He should be sorry to do any thing which might be considered discourteous to the Post Office Committee. They were worthy of all confidence. But they did not come from the proper section of the country; and, as this was not a matter in relation to the Post Office, but concerning the power of Congress, he was disposed to prefer a special committee. When the gentleman from Massachusetts presented his resolutions to refer to the Committee on the Judiciary the subject of the transportation of the mails by the railroads, there was no objection intimated, and he hoped this motion would pass.

Mr. LEIGH said, adverting to the occurrences of the past summer, it was natural, it was wise and right, that the President should make such a reference to the subject as he had made in his message. He understood that part of the message much as the Senator from Alabama did. He recommends the subject to Congress, but leaves them to say how far they can interfere through the Post Office. If it should turn out, as it will, to be impossible to act thus, it will be found that the Post Office Committee will have nothing to do with the subject.

Mr. DAVIS stated that he was one of the members of the Committee on the Post Office and Post Roads.

He was not sure that more importance had not been attached to this subject than it deserved. When gentlemen had spoken of the powers of the Government, constitutional powers, and the course which this matter must take in reference to these powers, he was not able exactly to understand their views, for he had not ascertained what they had in their minds when they said this was no matter for the consideration of the Committee on the Post Office and Post Roads. Looking at the motion rather as a matter of courtesy than in any other light, he, for one, would be glad to have the subject away from the committee to which he belonged, and he

[DEC. 21, 1835.

would be glad to send it to a special committee, not because it struck him as not properly belonging to the Post Office Committee-for he rather thought it did belong to that committee, because if the Government had any power on the subject it must be through the Post Office-but because it was desired by the gentlemen from the South.

He wished to present one other view, as to a matter which occurred in the other House, when he was a member of that branch; and, as it occurred several years ago, there was nothing disorderly in speaking of it. Great questions were at that time in agitation, deeply affecting the interests of that part of the country from which he came, and he then saw all the members of that section of the country constantly excluded from the committees to which these subjects were referred. He, and those associated with him, had then thought there was a little want of magnanimity and generosity in thus excluding from committees the gentlemen who represented a people that were most deeply interested in the subject.

He viewed this as peculiarly a Southern interest, and was willing the gentlemen from that section of the country should present to the Senate their views; not that a naked question of constitutional power may not be as well understood in one portion of the country as another; but Southern gentlemen certainly best knew their own embarrassments in relation to this matter. When the subject comes here, gentlemen from other parts will no doubt do their duty fearlessly; but it seems not only courteous but parliamentary that those who are most vitally interested should first present us with their views. He would, therefore, cheerfully vote for a select committee.

Mr. PRESTON suggested that there were other modes of arresting the evil than through the Post Office, and he had himself received a proposition and a bill, which had been drawn without touching the Post Office at all. It proposed that the depositing of an incendiary publication in the post office should be constituted an offence in the State where it took place, and the letting of it out of the post office should be equally deemed an offence where it occurred. This would leave the matter open between the Judiciary and the Post Office Committees; and ought it to be thus left open? This suggestion he had made to show that the question might be affected by other laws than those of the Post Office. This was precisely a sectional question. They were thankful to the gentlemen from the North for the course they had taken, and respected and honored them for it; but he thought it was due to the South that they should have an examination, and that they should be permitted to present their precise views, and see what could be done to satisfy the public mind.

Mr. EWING said that, as one of the members of the Post Office Committee, he was neither desirous to have, nor to avoid, the labor of this inquiry; nor should he consider himself in any way slighted by the transfer of this subject from one committee to another. He was satisfied that this part of the message should take the same course as if no standing committee had been appointed. Look at the organization of the Committee on the Post Office and Post Roads: four of its members were from non-slaveholding States, and only one from a slaveholding State. As the subject was sectional, and affected Southern interests principally, there was a propriety in sending it to them for consideration. They best knew what was requisite to satisfy the public mind, and the people of the South could be more easily quieted by a report from them. Congress had been called upon by the public press in all quarters to act upon the subject. Who best knew how to effect the desirable object of satisfying the public expectation? The gen

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tlemen from the South. They were the most competent. For his own part, he knew nothing about it. If Congress could not act in this matter, who ought to declare the fact? From whom would a statement of the fact come with the most weight? Should it come from Northern Senators, who had no hold on the confidence of the people of the South, or from the Southern gentlemen, who were most deeply interested in the suppression of any injurious excitement? From the South a report would come with a more conciliatory effect than from the North. No result could be more satisfactory to the South than that which was brought about by the influence of the Southern Senators.

Mr. BROWN intended to vote for a reference of the subject to the Committee on the Post Office and Post Roads. It had been urged that it was more proper to send it to a special committee, because they would have more time to examine the subject, and would carry more ability into the examination. He entertained a different opinion. The Committee on the Post Office had all the necessary experience; they were conversant with all the Post Office laws. Gentlemen in all the important committees were much engaged. No one was entirely free. The special committee would not be able to afford more time to the investigation than the standing committee. Another reason had been urged, that the committee ought to be constructed from the Southern section of the country. He could not subscribe to the soundness of this doctrine. Gentlemen deprecate giving a party complexion to the matter; what would be the effect of sending it to a special committee? It would be more than giving a party complexion to the matter: it would be giving to it a sectional aspect, which was the worst kind of political aspect. The proper course appeared, in his opinion, to be, to display a confidence in the North, in the full conviction that they would do right. If they were to exclude the Northern gentlemen, it would imply a distrust which he was not willing to show. The proper course would be to confide the matter to the Northern Senators, who, he was confident, were as much interested as any others in putting down these incendiary efforts of a set of fugitives from the Northern States, and this was the course he was disposed to pursue in this case.

He was,

He never had believed that there was a majority in the North prepared to take a course which would tend to the destruction of the most glorious confederacy that had ever been seen on the face of the earth. therefore, disposed to send the subject to the Committee on the Post Office and Post Roads, the chairman of which was experienced, and fully conversant with the whole subject. Whatever could be done, must be through the Post Office Department. He would not think of attributing any party feeling on this subject to any gentleman here; for any one who would stir up the subject for the purpose of sustaining fanatic abolitionists, would bring up that which would have a tendency to dissolve our free and glorious institutions, and would render himself an object for the finger of scorn to point at.

The question was taken on the motion to refer the subject to a select committee, and decided in the affirmative: Ayes 23.

The committee, on motion of Mr. CALHOUN, was ordered to consist of five members, and was chosen as follows: Mr. CALHOUN, Mr. KING of Georgia, Mr. MANGUM, Mr. DAVIS, and Mr. LINN. Adjourned.

TUESDAY, DECEMBER 22.

A message was received from the President of the United States, transmitting a report from the Secretary VOL. XII.-3

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of War on the subject of the construction of the Cumberland road in the States of Indiana and Illinois; which was referred to the Committee on Roads and Canals. Also, a report from the Treasury Department, concerning insolvent debtors.

A report, also, from the Treasury Department, in reference to custom-house officers; which was ordered to be printed.

Numerous petitions and memorials were presented by the Chair, and referred to the appropriate commit

tees.

PATRIOTIC BANK OF WASHINGTON.

Mr. KING, of Alabama, having presented a memorial from the Patriotic Bank of the city of Washington, Mr. BENTON said that a petition for rechartering a bank in the city of Washington had been presented by a gentleman near him, and been referred, without exciting his immediate attention. During the last session he had objected to the receiving of petitions of this character, and during the present he had found on his table-and he presumed other Senators had been equally fortunate-a pamphlet of some two hundred pages, in which, without alluding to him by name, an attempt was made to refute his arguments, and to turn the position which he had then taken up against all banking companies as now conducted. He still maintained that position, nor would the essay of any man move him from it. He still believed that the banking system was full of corruption every where; but that it had been more abused in this District than in any other quarter of the globe-that these ten miles square had more banking capital on paper than any other ten miles square in Europe, Asia, Africa, or America.

He wished for the appointment of a special committee to inquire into the system upon which these corporations had acted; for he believed their currency had depreciated so low that the very washerwomen and laborers on canals had been cheated out of the better portion of their hard-earned wages, while at the same time the Government of the United States could have supplied them with more gold and silver than could possibly have been absorbed in all their business transactions. Such reports had reached him, indeed, as were sufficient to excite the indignation of any man. He intended to have proof upon every point; and if these reports were true, even in part, then the petitioners should have leave to withdraw, and all who followed in their track might go and do likewise. He had already taken a stand in favor of a hard-money currency, and he had no idea of being sneered out of all legislation upon the subject now. He believed there were ten or twelve banks, broken and unbroken, in the District; he believed they would all stop by the 4th of March, and he thought it would be better for the community if they were stopped now.

Mr. KING, of Alabama, said that the memorial was handed to him by several of the most respectable individuals in this community, and that, as a member of the Committee on the District of Columbia, it was assuredly his duty to present it. How far we should go in chartering or rechartering banking companies was a question for after consideration; as for this petition, it was perfectly respectful, and he hoped would be permitted to take the usual course. When the proper time arrived, the Senator from Missouri would have an opportunity of throwing such obstacles in its way as he might think necessary.

Mr. BENTON said that, as for waiting till the bill was on its passage before he offered his objections, that was not the way in which the Bank of the United States was prostrated. The petition for rechartering might be uccessful, but the petitioners would find themselves

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Northern Boundary of Ohio--Michigan Senators.

mistaken if they thought their purpose was to be accomplished without such improvements and modifications being insisted upon as the lights of the age seemed to require.

NORTHERN BOUNDARY OF OHIO.

Mr. MORRIS, in pursuance of notice given, asked and obtained leave, and introduced the following joint resolution; which was read, and ordered to a second reading:

Whereas it is provided in the sixth section of the seventh article of the constitution of the State of Ohio as follows: "That the limits and boundaries of this State be ascertained, it is declared that they are as hereafter mentioned; that is to say, on the east by the Pennsylvania line, and on the south by the Ohio river, to the mouth of the Great Miami river; on the west by a line drawn due north from the mouth of the Great Miami river aforesaid; on the north by an east and west line drawn through the southern extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Great Miami river, until it shall intersect Lake Erie on the territorial line, and thence, with the same, through Lake Erie, to the Pennsylvania line aforesaid: Provided always, and it is hereby fully understood and declared by the convention, that if the southerly bend or extreme of Lake Michigan should extend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect said Lake Erie east of the mouth of the Miami river of the Lake, then, and in that case, with the assent of the Congress of the United States, the northern boundary of Ohio State shall be established by and extend to a line running from the southerly extreme of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the due north line from the mouth of the Great Miami river aforesaid; thence, northeast, to the territorial line, and by the said territorial line to the Pennsylvania line." And whereas the State of Ohio claims that the assent of the Congress of the United States has been virtually and substantially given to the sixth section of the seventh article of the constitution as above set forth, and more especially to the latter clause thereof, describing her northern boundary as contained in the proviso to said section, by admitting her Senators and Representatives to their seats in Congress, and more fully by the act of Congress as declared February 19, 1803, entitled an act to provide for the due execution of the laws of the United States within the State of Ohio, in the preamble to which act it is declared that the State of Ohio has become one of the United States of America, whereby, as a matter of right, the said State has acquired, and can rightfully exercise, jurisdiction on her northern border to the line as described in the latter clause of the proviso contained in the sixth section of the seventh article of her constitution; but as doubts have arisen whether the act of Congress of the 11th of January, 1805, entitled an act to divide the Indian Territory into two separate Governments, does not contravene the rightful jurisdiction of Ohio to the line as described in the article of her constitution as above stated: In order, therefore, that doubts may no longer exist on this subject,

Resolved by the Senate and House of Representatives of the United States in Congress assembled, That the assent of the Congress of the United States is hereby fully declared and given to the latter clause of the sixth section of the seventh article of the constitution of the State of Ohio, which is in the following words, to wit: "The northern boundary of this State shall be established by and extended to a direct line running from the southerly extreme of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the due north

[DEC. 22, 1835.

line from the mouth of the Great Miami aforesaid; thence, northeast, to the territorial line, and by said ter ritorial line to the Pennsylvania line."

And be it further resolved, That any State or States that may be formed of the territory of the United States lying east of the Mississippi river, which Congress may hereafter deem proper to admit into the Union, shall be bounded on the south by the States of Illinois, Indiana, and Ohio, as the law may require.

The Senate proceeded to ballot for the committee ordered to be appointed on the message of the Presi dent concerning the Ohio and Michigan controversy, when the following Senators were appointed:

Mr. BENTON, Mr. WRIGHT, Mr. CLAYTON, Mr. CRIT TENDEN, and Mr. PRESTON.

MICHIGAN SENATORS.

On motion of Mr. BENTON, the Senate proceeded to consider his motion, laid on the table some days since, to extend the courtesy of the Senate to the Senators from Michigan, by assigning them chairs in the Senate.

Mr. BENTON stated that he now proposed to modify his motion by substituting what he would now send to the Chair, which was copied verbatim from the resolution adopted by the Senate when Messrs. Blount and Cocke came here as Senators from the Northwest Territory. The resolution could be found in the 2d volume of the reprint of the Senate Journals, page 269. The only change was in inserting the words "on the floor,' which he had added.

The modification was then read, as follows:

That Mr. LYON and Mr. NORVELL, who claim to be Senators of the United States, be received as spectators, and that chairs be provided for that purpose, [on the floor] until the final decision of the Senate shall be given on the application to admit Michigan into the Union.

Mr. EWING moved to strike out the words "on the floor;" which was carried in the affirmative.

Mr. TIPTON. I must claim the indulgence of the Senate a few minutes, to explain the reasons that influence the course I feel it to be my duty to pursue on the question now before us. Coming as I do from a new State, that but a few years ago was knocking at the door of Congress for admission into the Union, as Michigan now is, I cannot consent to give a silent vote that would be thought unkind to the people of that Territory, amongst whom it is my good fortune to have some valuable friends, or uncourteous to the gentlemen sent to represent her in this Senate.

Sir, said Mr. T., I acknowledge the right of the people of the Territory, when they have 60,000 free inliabitants, to form a constitution, and to admission into the Union on an equal footing with the original States, provided the constitution formed by them is republican, and not incompatible with the constitution of the United States. It will be recollected by Senators that, two years ago, I had the honor to urge on the consideration of the Senate a bill providing for taking a census of the people of both Arkansas and Michigan Territories; and if they were ascertained to contain 47,700 inhabitants, federal numbers, the present ratio of representation in the other branch of Congress, to authorize them to form a constitution and State Government. It was not the pleasure of the Senate to adopt the measure I then proposed This I sincerely regretted, and still regret. I feel confident that the passage of this law at that time would have prevented most of the difficulty that has happened in a certain quarter; it would have promoted harmony and good feeling, and taught obedience to the laws, and more, these Territories would have been admitted into the Union, as independent States, at a much earlier day than they now can, under the existing state of things.

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The people of Michigan now inform us that they have ascertained, to their own satisfaction, that they have a sufficient number of inhabitants to enable them to form a constitution and State Government, and for their admission into the Union as an independent State; and they present a constitution formed by a convention of that Territory, and demand admittance. The Senator from Missouri has moved the Senate to allow two gentlemen, sent to represent the State of Michigan in the Senate, to take seats in this chamber. He tells us that we owe it to courtesy as well to the people of the Territory as to the two gentlemen sent to represent her. This is very civil, and looks well on paper; but, sir, courtesy is also due to the people of another section of the country, and my constituents come in for a share; and before I can vote seats in this chamber to Senators from Michigan, I must take the liberty of examining her constitution, to ascertain whether it is in conformity to the constitution and laws of the United States, and what territory it embraces within the bounds of the proposed new State.

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Let Michigan retrace her steps, and strike from her constitution all that part that claims a portion of the neighboring States, and present herself here, and I will be amongst the first to take her by the hand and welcome her into our great family, the confederacy. Let her come in as a peaceable and good-humored sister; I want no more schisms in our family. What have we lately heard on our borders? We have had flaming general orders, calling on the militia to stand by their arms, to maintain the integrity of certain boundaries that Congress had fixed, and that Congress alone has the right to alter. It is true, sir, that no blood was shed in this tumult, but it is equally true that things there as sumed at one time a most alarming aspect.

I am confident, said Mr. T., that, if Michigan be admitted with her constitution in its present form, there will be an appeal to the courts of the country, or, what is far worse, to arms. This will produce a state of things that I am sure every patriot will avoid.

Mr. T. said he had much more to say on this subject, but would suspend further remark to some other opportunity.

LUCIUS

Mr. EWING said he would propose to the Senator from Missouri a modification of his motion. LYON, on the ground of his having been a Delegate in the other House, had a right to come on the floor of the Senate. No resolution, therefore, is necessary for him. He is already a privileged spectator. As far as that goes, a simple resolution to admit JouN NORVELL as a spectator will be sufficient. He was not willing to do any thing which could be considered as directly or indirect

I find, on examining the first article of her constitution, that Michigan attempts to include within her limits all the territory embraced in the Michigan Territory by an act of Congress of 11th February, 1805, organizing the Michigan Territory. That act establishes the south boundary of that Territory on a line to be drawn due east from the southern bend or extreme of Lake Michigan, and the Michigan convention has overlooked or disregarded an act of Congress of 19th June, 1816, authorizing the people of the Indiana Territory to form a constitution and State Government. This act pro-ly recognising the claims of Michigan. If the modifica. poses to establish the north boundary of Indiana on a line drawn east through a point ten miles north of the southern extreme of Lake Michigan, provided that the convention of the people of Indiana would accept and ratify that boundary. The Indiana convention did accept and ratify the boundary thus proposed, and the country between these lines became part and parcel of the State of Indiana.

I find, sir, said Mr. T., that the third section of the fourth article of the constitution of the United States reads thus: New States may be admitted by the Congress into the Union, but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislature of the States concerned as well as of Congress.

I consider it unfortunate for Michigan that her convention has entirely disregarded this provision of the United States constitution. She has set up a claim to a tract of country ten miles wide, north and south, and extending from Lake Michigan to the east boundary of Indiana, over 100 miles. Indiana has been in possession of this part of her territory near twenty years; has laid off counties, built towns, opened roads, and made her local arrangements, and she can. not tamely surrender it up to any power on earth. This claim of Michigan was as unnecessary to her as it was unexpected to us; she is larger without that territory than Indiana is with it. The people residing there have no wish to be included in Michigan-Indiana will never surrender them to her. It is therefore, sir, impossible, under this view of the case, for her to be admitted under the present form of her constitution. I can no more vote seats in this chamber to the gentlemen sent here as her Senators, than to any other gentlemen that may be in attendance here from the Territory. One of her Senators has a right to the privileged seats, in consequence of having been a Delegate in the other House. I would be willing to vote like privileges to the other. Let them come in as spectators, not as Senators.

tion were adopted, the whole of the words after the word "resolved" would be stricken out, and the following words inserted:

"That JOHN NORVELL be admitted as a spectator." In this form he would vote for the motion.

Mr. BENTON suggested that his motion was copied from the resolution on the journals. He thought we had better provide chairs.

Mr. HENDRICKS said that he always regretted when an appeal was made to his liberality or courtesy for that which he could not grant, and that this was his present situation. What is the case? said Mr. H. A man comes into my house; he tells me that he has come for the purpose of appropriating to himself a part of my house, or of despoiling me of a portion of my goods; and that he has means in train by which, in his opinion, he will speedily accomplish these objects. But, inasmuch as it will be more convenient to him to attend to this work of spoliation within the house than out of doors, he asks that, through courtesy, I would assign him a seat, and permit him to remain till he can finish his work. Now, said Mr. H., this statement well enough describes the relations, as far as this proposition is concerned, between the two citizens of Michigan and the two Senators from Indiana on this floor. They say that they are Senators from the State of Michigan; that the sovereignty and independence of that State is extended over a large territory of the State of Indiana; that it is their intention to eject the jurisdiction of Indiana from this territory; and that, to enable them more conveniently and more speedily to do this, they ask to be admitted upon the floor of the Senate. Comity should never ask what comity can never grant; and this seems to be a case of that kind.

It has been said on this floor, continued Mr. H., that Michigan is a State de facto. But this, with great deference to the opinion, on account of the source whence it comes, he must be permitted to controvert, and to say that he knew of no such case. He inferred, indeed, that no such case could exist, because the constitution says that "no new State shall be formed or erected

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