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Dec. 21, 1835.]

Incendiary Publications.

[SENATE.

Mr. MANGUM was disposed to vote for a special lation to the intelligence of the non-slaveholding States, committee, because he desired to see the subject fairly he could not agree with the honorable Senator from and fully deliberated on. He deprecated all party North Carolina that there was no danger. Certainly feelings, and hoped they would be avoided in the consid- there was no immediate danger. The decision and eration of this matter. He did not believe there was energy exhibited during the last summer at the South, any intention, and for himself he disclaimed any, to cast with the aid of public opinion to the North, had checked the slightest disrespect on the general committee. But the incendiaries. Without such decisive manifestations this was a subject which did not come within the range we should now have had philanthropists travelling in the of their duties. The great question to be considered, slave States, and claiming the “constitutional right” to and it was of the highest magnitude and delicacy, was, stimulate the slaves to rebellion. But though there how far bave we a right to proceed? He was unable to was no cause for immediate alarm, there was every molash himself into any excitement on the subject. He tive for the Southern States to keep a vigilant eye on had never been able to apprehend those dangerous all the movements in relation to this matter. It was well results which others seemed to fear; and, whatever was known that associations made up principally of hypoto be feared from the dispersion of incendiary publica- crites and fanatics, and rendered more mischievous by tions in the South, he thought there was in the Govern- having obtained the assistance of some well-meaning ment no power over their general circulation. He but most weak and misguided men, were laboring inshould regard the assumption of any such power as cessantly to render their position in regard to their slaves deeply to be deprecated. After seeing many Eastern uneasy and insecure. Fanaticism of all kinds had a tenfriends, he was prepared to concur with the gentleman dency to spread. In its very nature it was contagious, from Virginia, that, through all the Northern region of and it could only be extinguished by decisive measures country, whatever difference existed on the abstract on its first outbreaking. question of slavery, the general structure of public He had not made up his own mind, Mr. P. said, on opinion was sound. He did not fear any excitement the power of Congress to the extent to which the inhere or elsewhere. We were compelled to act on this quiry suggested by the President might lead. It was unsubject by the suggestion in the message of the Presi- necessary to state that a strong excitement prevailed dent. He regarded it as a question of great moment, through the South, and the citizens of that section cer. and every gentleman must see the propriety of giving it tainly expected action on this subject, if it could be conto a separate committee. The Committee on the Post stitutionally had. If it could not, they would not ask it, Office and Post Roads were likely to have more labor and would look round for measures from their own lethan they would be able to discharge. New routes gislation by which they might protect themselves. The would be presented to them from every part of the Committee on the Post Office and Post Roads was comcountry. But whether such was the case or not, the posed, in a large proportion, of gentlemen from nongreat question here to be considered was foreign to the slaveholding States. . He could not be misunderstood, objects within their province, and could have no refer- after what he had already said. He meant no disrepect, ence to their duties.

but he thought that, if the conclusions to which the if it were to be sent to either of the standing com committee who might have the matter in charge arrived mittees, the Judiciary would be the most appropriate were adverse to the power, it would obtain an easier and one. Those who most deprecate the circulation of more cordial assent from the people of the South if it came incendiary publications feel a still stronger apprehension from members having the same interests with themas to the extension of the powers of the Government. selves, and acting under the same sense of danger, and the

Mr. PORTER, of Louisiana, said that the question same desire to obtain a remedy for a common evil. For was not of much importance, though the matter which this reason, Mr. P. said, he preferred a special comgave 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 bad 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, Mr. P. preferred the special committee, not because and that the committee on the Post Office was not sehe thought it would differ widely in its conclusions from lected in reference to it. He was in favor of a special that on the Post Office and Post Roads, but because he committee, because he wished gentlemen from the South thought it was due to the importance of the subject that on the committee. He was desirous to see more of these every thing which could mark the deep sense of the than from any other section of country. Four out of Senate of its weight and gravity should be done. He five of the Post Office Committee were Northern Senaconcurred with the Senator from North Carolina on the tors, and this was an objection in his mind to sending the opinion which generally prevailed among persons of in- subject to that committee. He spoke as one representtelligence in the non-slaveholding States on this question. ing Southern interests and feelings, and his constituents He also gave his ready and cheerful testimony to the would be better satisfied if Southern gentlemen were on liberality which his brother Senators from all parts of the committee. If it was to go to a standing committhe Union exhibited, and he had no doubt felt, on this tee, the subject should be sent to the Judiciary, as the most delicate of all questions. They looked at it with the most appropriate; but, as they were not anxious to have eyes of statesmen and patriots. They saw that, constitu- it, he was willing to give it to a special committee. tionally, the non-slaveholding States could not interfere, Mr. KING, of Alabama, expressed some surprise at the and they knew that all attempts of this kind must end general disclaimer of party feelings. He had charged either in drawing tighter the bonds which confined the no such feelings to any Senator, and there was no reathe slave, or in bursting them with consequences which son or necessity for the disclaimer. He had contended no one could contemplate without horror.

that the Government had no right to interfere with the But while he assented to all that had been said in re slave question at all, nor by any of his acts would he

SENATE.)

Incendiary Publications,

(Dec. 21, 1835.

more so.

even indirectly give them the power. His constituents would be glad to send it to a special committee, not were almost as deeply interested in this question as any because it struck him as not properly belonging to the portion of the community-perhaps there were none Post Office Committee-for he rather thought it did

With this conviction, and notwithstanding the belong to that committee, because if the Government excitement which had existed last session, he would rely had any power on the subject it must be through the on the Northern States to put it down at home, and not Post Office—but because it was desired by the gentlepermit any of their citizens deliberately to disturb the men from the South. peace and harmony of the whole country. But he He wished to present one other view, as to a matter would not interfere here, in his place, as a Senator. He which occurred in the other House, when he was a was not prepared to say how far the Post Office Com- member of that branch; and, as it occurred several years mittee could interfere with any other matter; but, so far ago, there was nothing disorderly in speaking of it. as these incendiary publications go, to put an end to their Great questions were at that time in agitation, deeply transmission by the mail would be their duty and the affecting the interests of that part of the country from duty of Congress. Further than this he thought they which he came, and he then saw all the members of could not go. Did the President recommend any thing that section of the country constantly excluded from the beyond this? Gentlemen had talked about a new prin- committees to which these subjects were referred. He, ciple. He did not see any of the dangers which they and those associated with him, had then thought there seemed so much to dread, and he would rather see the was a little want of magnanimity and generosity in thus subject in the hands of the Senators from the North. excluding from committees the gentlemen who repHe was not disposed to add to an excitement already resented a people that were most deeply interested in too great. Although he felt great confidence in the the subject, feeling of the Northern Senators, among the people, He viewed this as peculiarly a Southern interest, and who had less favorable opportunities for judging, differ was willing the gentlemen from that section of the ent opinions might sometimes prevail. These suspicions country should present to the Senale their views; not did not confine themselves to the ordinary body of the that a naked question of constitutional power may not community, but had even found their way into executive be as well understood in one portion of the country as communications; and they would all be satisfied when another; but Southern gentlemen certainly best knew they saw those States, which ought to put down the ex their own embarrassments in relation to this matter. citement, taking measures do to so.

When the subject comes here, gentlemen from other Mr. GOLDSBOROUGH suggested that the Senate parts will no doubt do their duty fearlessly; but it seems bad gone into a discussion of the subject, when the not only courteous but parliamentary that those who are only proposition before them related to the institution most vitally interested should first present us with their of an inquiry. The Senator from South Corolina bad / views. He would, therefore, cheerfully vote for a asked for a committee, not merely on a subject which select committee. was relevant to the duties of the Post Office Committee, Mr. PRESTON suggested that there were other but involving a question as to the constitutional powers modes of arresting the evil than through the Post Office, of the Government. He should be sorry to do any and he had himself received a proposition and a bill, thing which might be considered discourteous to the which had been drawn without touching the Post Office Post Office Committee. They were worthy of all con at all. It proposed that the depositing of an incendiary fidence. But they did not come from the proper sec publication in the post office should be constituted an tion of the country; and, as this was not a matter in re offence in the State where it took place, and the letting lation to the Post Office, but concerning the power of of it out of the post office should be equally deemed an Congress, he was disposed to prefer a special committee. offence where it occurred. This would leave the matter When the gentleman from Massachusetts present his

open between the Judiciary and the Post Office Com. resolutions to refer to the Committee on the Judiciary mittees; and ought it to be thus left open? This suggesthe subject of the transportation of the mails by the rail. tion he had made to show that the question might be roads, there was no objection intimated, and he hoped | affected by other laws than those of the Post Office. this motion would pass.

This was precisely a sectional question. They were Mr. LEIGH said, adverting to the occurrences of the thankful to the gentlemen from the North for the course past summer, it was natural, it was wise and right, that they had taken, and respected and honored them for it; the President should make such a reference to the sub. but he thought it was due to the South that they should ject as he had made in his message. He understood have an examination, and that they should be permitted that part of the message much as the Senator from to present their precise views, and see what could be Alabama did. He recommends the subject to Congress, done to satisfy the public mind. but leaves them to say how far they can interfere Mr. EWING said that, as one of the members of the through the Post Office. If it should turn out, as it Post Office Committee, he was neither desirous to have, will, to be impossible to act thus, it will be found that nor to avoid, the labor of this inquiry; nor should he the Post Office Committee will have nothing to do with consider bimself in any way slighted by the transfer of the subject.

this subject from one committee to another. He was Mr. DAVIS stated that he was one of the members satisfied that this part of the message should take the of the Committee on the Post Office and Post Roads. same course as if no standing committee had been apHe was not sure that more importance had not been pointed. Look at the organization of the Commiitee attached to this subject than it deserved. When gentle on the Post Office and Post Roads: four of its members men bad spoken of the powers of the Government, con were from non-slaveholding States, and only one from a stitutional powers, and the course which this matter slaveholding State. As the subject was sectional, and must take in reference to these powers, he was not able affected Southern interests principally, there was a proexactly to understand their views, for he had not ascer priety in sending it to them for consideration. They tained what they had in their minds when they said this best knew what was requisite to satisfy the public mind, was no matter for the consideration of the Committee and the people of the South could be more easily quiet. on the Post Office and Post Roads. Looking at the ed by a report from them. Congress had been called motion rather as a matter of courtesy than in any other upor by the public press in all quarters to act upon the light, he, for one, would be glad to have the subject subject. Who best knew how to effect the desirable away from the committee to which he belonged, and he object of satisfying the public expectation? The gen.

Dec. 22, 1835.]

Patriotic Bank of Washington.

[SENATE.

tees.

tlemen from the South. They were the most compe. of War on the subject of the construction of the Cumtent. For his own part, he knew nothing about it. If | berland road in the States of Indiana and Illinois; which Congress could not act in this matter, who ought to was referred to the Committee on Roads and Canals. declare the fact? From whom would a statement of Also, a report from the Treasury Department, conthe fact come with the most weight? Should it come cerning insolvent debtors. from Northern Senators, who had no hold on the confi. A report, also, from the Treasury Department, in refdence of the people of the South, or from the Southern erence to custom-house officers; which was ordered to gentlemen, who were most deeply interested in the sup. be printed. pression of any injurious excitement? From the South Numerous petitions and memorials were presented a report would come with a more conciliatory effect by the Chair, and referred to the appropriate committhan from the North. No result could be more satisfac. tory to the South than that which was brought about by the influence of the Southern Senators.

PATRIOTIC BANK OF WASHINGTON. Mr. BROWN intended to vote for a reference of the Mr. KING, of Alabama, having presented a memorial subject to the Committee on the Post Office and Post from the Patriotic Bank of the city of Washington, Roads. It had been urged that it was more proper to Mr. BENTON said that a petition for rechartering a send it to a special committee, because they would have bank in the city of Washington had been presented by more time to examine the subject, and would carry a gentleman near him, and been referred, without exmore ability into the examination. He entertained a citing his immediate attention. During the last session different opinion. The Committee on the Post Office he had objected to the receiving of petitions of this had all the necessary experience; they were conversant character, and during the present he had found on his with all the Post Office laws. Gentlemen in all the im- table—and he presumed other Senators had been portant committees were much engaged. No one was equally fortunate-a pamphlet of some two hundred entirely free. The special committee would not be pages, in which, without alluding to him by name, an able to afford more time to the investigation than the attempt was made to refute his arguments, and to turn standing committee. Another reason had been urged, the position which he had then taken up against all that the committee ought to be constructed from the banking companies as now conducted. He still mainSouthern section of the country. He could not sub tained that position, nor would the essay of any man scribe to the soundness of this doctrine. Gentlemen move him from it. He still believed that the banking deprecate giving a party complexion to the matter; system was full of corruption every where; but that it what would be the effect of sending it to a special com | had been more abused in this District than in any other mittee? It would be more than giving a party complex- quarter of the globe—that these ten miles square had ion to the matter: it would be giving to it a sectional as more banking capital on paper than any other ten miles pect, which was the worst - kind of political aspect. square in Europe, Asia, Africa, or America. The proper course appeared, in his opinion, to be, to He wished for the appointment of a special committee display a confidence in the North, in the full conviction to inquire into the system upon which these corporations that they would do right. If they were to exclude the had acted; for he believed their currency had depreciNorthern gentlemen, it would imply a distrust which he ated so low that the very washerwomen and laborers on was not willing to show. The proper course would be canals had been cheated out of the better portion of to confide the matter to the Norihern Senators, who, their hard-earned wages, while at the same time the he was confident, were as much interested as any others Government of the United States could have supplied in putting down these incendiary efforts of a set of fugi- them with more gold and silver than could possibly tives from the Northern States, and this was the course

have been absorbed in all their business transactions. he was disposed to pursue in this case.

Such reports had reached him, indeed, as were suffiHe never had believed that there was a majority in cient to excite the indignation of any man. He intended the North prepared to take a course wbich would iend to have proof upon every point; and if these reports to the destruction of the most glorious confederacy that were true, even in part, then the petitioners should have had ever been seen on the face of the earth. He was, leave to withdraw, and all who followed in their track therefore, disposed to send the subject to the Commit- might go and do likewise. He had already taken a stand tee on the Post Office and Post Roads, the chairman of in favor of a hard-money currency, and he had no idea which was experienced, and fully conversant with the of being sneered out of all legislation upon the subject whole subject. Whatever could be done, must be

He believed there were ten or twelve banks, through the Post Office Department. He would not

broken and unbroken, in the District; he believed they think of attributing any party feeling on this subject to

would all stop by the 4th of March, and he thought it any gentleman here; for any one who would stir up the

would be better for the community if they were stopsubject for the purpose of sustaining fanatic abolition ped now. ists, would bring up that which would have a tendency

Mr. KING, of Alabama, said that the memorial was to dissolve our free and glorious institutions, and would

handed to him by several of the most respectable indirender himself an object for the finger of scorn to viduals in this community, and that, as a member of the point at.

Committee on the District of Columbia, it was assuredly The question was taken on the motion to refer the his duty to present it. How far we should go in charsubject to a select committee, and decided in the affirm tering or rechartering banking companies was a quesative: Ayes 23.

tion for after consideration; as for this petition, it was The committee, on motion of Mr. CALHOUN, was perfectly respectful, and he hoped would be permitted ordered to consist of five members, and was chosen as

to take the usual course. When the proper time arfollows: Mr. Calhoun, Mr. King of Georgia, Mr. Man

rived, the Senator from Missouri would have an opporGUY, Mr. Davis, and Mr. Lixx.

tunity of throwing such obstacles in its way as he might Adjourned.

think necessary.

Mr. BENTON said that, as for waiting till the bill was

on its passage before he offered his objections, that was TUESDAY, DECEMBER 22.

not the way in which the Bank of the United States was A message was received from the President of the prostrated. The petition for rechartering might be United States, transmitting a report from the Secretary uccessful, but the petitioners would find themselves

VOL. XII.-3

now.

SENATE.]

Northern Boundary of Ohio--Michigan Senators.

(Dec. 22, 1835.

mistaken if they thought their purpose was to be ac line from the mouth of the Great Miami aforesaid; complished without such improvements and modifica thence, northeast, to the territorial line, and by said tertions being insisted upon as the lights of the age seemed ritorial line to the Pennsylvania line." to require.

And be it further resolved, That any State or States NORTHERN BOUNDARY OF OHIO.

that may be formed of the territory of the United

States lying east of the Mississippi river, which ConMr. MORRIS, in pursuance of notice given, asked

gress may hereafter deem proper to admit into the and obtained leave, and introduced the following joint | Union, shall be bounded on the south by the States of resolution; which was read, and ordered to a second Illinois, Indiana, and Ohio, as the law may require. reading:

The Senate proceeded to ballot for the committee Whereas it is provided in the sixth section of the ordered to be appointed on the message of the Presiseventh article of the constitution of the State of Ohio

dent concerning the Ohio and Michigan controversy, as follows: “ That the limits and boundaries of this

when the following Senators were appointed: State be ascertained, it is declared that they are as here Mr. Benton, Mr. WRIGHT, Mr. Clayrox, Mr. CRIT. after mentioned; that is to say, on the east by the Penn

TENDEN, and Mr. PRESTON. sylvania line, and on the south by the Ohio river, to the mouth of the Great Miami river; on the west by a line

MICHIGAN SENATORS. drawn due north from the mouth of the Great Miami On motion of Mr. BENTON, the Senate proceeded to river aforesaid; on the north by an east and west line consider his motion, laid on the table some days since, to drawn through the southern extreme of Lake Michigan, extend the courtesy of the Senate to the Senators from running east, after intersecting the due north line afore. Michigan, by assigning them chairs in the Senate. said, froin the mouth of the Great Miami river, until it Mr. BENTON stated that he now proposed to modify shall intersect Lake Erie on the territorial line, and his motion by substituting what he would now send to the thence, with the same, through Lake Erie, to the Penn Chair, which was copied verbatim from the resolution sylvania line aforesaid: Provided always, and it is here. adopted by the Senate when Messrs. Blount and Cocke by fully understood and declared by the convention, came here as Senators from the Northwest Territory. that if the southerly bend or extreme of Lake Michi- | The resolution could be found in the 2d volume of the gan should extend so far south that a line drawn due reprint of the Senate Journals, page 269. The only east from it should not intersect Lake Erie, or if it change was in inserting the words “on the floor, should intersect said Lake Erie east of the mouth of which he had added. the Miami river of the Lake, then, and in that case, with The modification was then read, as follows: the assent of the Congress of the United States, the That Mr. Leon and Mr. Norvell, who claim to be northern boundary of Ohio State shall be established Senators of the United States, be received as spectators, by and extend to a line running from the southerly ex and that chairs be provided for that purpose, (on the treme of Lake Michigan to the most northerly cape of the foor) until the final decision of the Senate shall be given Miami bay, after intersecting the due north line from the on the application to admit Michigan into the Union. mouth of the Great Miami river aforesaid; thence, north Mr. EWING moved to strike out the words “on the east, to the territorial line, and by the said territorial line floor;" which was carried in the affirmative. to the Pennsylvania line.” And whereas the State of Mr. TIPTON. I must claim the indulgence of the Ohio claims that the assent of the Congress of the Uni Senate a few minutes, to explain the reasons that influted States has been virtually and substantially given to ence the course I feel it to be my duty to pursue on the the sixth section of the seventh article of the constitu- question now before us. Coming as I do from a new tion as above set forth, and more especially to the latter State, that but a few years ago was knocking at the door clause thereof, describing her northern bourdary as of Congress for admission into the Union, as Michigan contained in the proviso to said section, by admitting now is, I cannot consent to give a silent vote that would her Senators and Representatives to their seats in Con. be thought unkind to the people of that Territory, gress, and more fully by the act of Congress as declared amongst whom it is my good fortune to have some valua. February 19, 1803, entitled an act to provide for the ble friends, or uncourteous to the gentlemen sent to due execution of the laws of the United States within represent her in this Senate. the State of Ohio, in the preamble to which act it is de. Sir, said Mr. T., I acknowledge the right of the peoclared that the State of Ohio has become one of the ple of the Territory, when they have 60,000 free inhabiUnited States of America, whereby, as a matter of right, tants, to form a constitution, and to admission into the the said State has acquired, and can rightfully exercise, Union on an equal footing with the original States, pro, jurisdiction on her northern border to the line as de vided the constitution formed by them is republican, and scribed in the latter clause of the proviso contained in not incompatible with the constitution of the United the sixth section of the seventh article of her constilu States. It will be recollected by Senators that, two tion; but as doubts have arisen whether the act of Con years ago, I had the honor to urge on the consideration gress of the 11th of January, 1805, entitled an act to of the Senate a bill providing for taking a census of the divide the Indian Territory into two separate Govern people of both Arkansas and Michigan Territories; and ments, does not contravene the rightful jurisdiction of if they were ascertained to contain 47,700 inhabitants, Obio to the line as described in the article of her consti- federal numbers, the present ratio of representation in tution as above stated: In order, therefore, that doubts the other branch of Congress, to authorize them to form may no longer exist on this subject,

a constitution and State Government. It was not the Resolved by the Senate and House of Representatives of pleasure of the Senate to adopt the measure I then prothe United States in Congress assembled, That the assent posed This I sincerely regretted, and still regret. I of the Congress of the United States is hereby fully de- feel confident that the passage of this law at that time clared and given to the latter clause of the sixth section would bave prevented most of the difficulty that has of the seventh article of the constitution of the State of happened in a certain quarter; it would have promoted Ohio, which is in the following words, to wit: “ The harmony and good feeling, and taught obedience to the northern boundary of this State shall be established by laws, and more, these Territories would have been adand extended to a direct line running from the south- mitted into the Union, as independent States, at a much erly extreme of Lake Michigan to the most northerly earlier day than they now can, under the existing state cape of the Miami bay, after intersecting the due north of things.

Dec. 22, 1835.)

Michigan Senators.

(SENATE.

The people of Michigan now inform us that they have Let Michigan retrace her steps, and strike from her ascertained, to their own satisfaction, that they bave a constitution all that part that claims a portion of the sufficient number of inhabitants to enable them to form neighboring States, and present herself here, and I will a constitution and State Government, and for their ad- be amongst the first to take her by the hand and wel. mission into the Union as an independent State; and they come her into our great family, the confederacy. Let present a constitution formed by a convention of that her come in as a peaceable and good-humored sister; I Territory, and demand admittance. The Senator from want no more schisms in our family. What have we Missouri has moved the Senate to allow two gentlemen, lately heard on our borders? We have had Aaming sent to represent the State of Michigan in the Senate, general orders, calling on the militia to stand by their to take seats in this chamber. He tells us that we owe arms, to maintain the integrity of certain boundaries that it to courtesy as well to the people of the Territory as Congress bad fixed, and that Congress alone has the to the two gentlemen sent to represent her. This is right to alter. It is true, sir, that no blood was shed in very civil, and looks well on paper; but, sir, courtesy this tumult, but it is equally true that things there asis also due to the people of another section of the coun. sumed at one time a most alarming aspect. try, and my constituents come in for a share; and before I am confident, said Mr. T., that, if Michigan be admitI can vote seats in this chamber to Senators from Michi ted with her constitution in its present form, there will gan, I must take the liberty of examining her constitu be an appeal to the courts of the country, or, what is tion, to ascertain whether it is in conformity to the con

far worse, to arms. This will produce a state of things stitution and laws of the United States, and what terri that I am sure every patriot will avoid. tory it embraces within the bounds of the proposed new

Mr. T. said he had much more to say on this subject, State.

but would suspend further remark to some other I find, on examining the first article of her constitu. | opportunity. tion, that Michigan attempts to include within her limits Mr. EWING said he would propose to the Senator all the territory embraced in the Michigan Territory by from Missouri a modification of his motion. Lucius an act of Congress of 11th February, 1805, organizing Lyon, on the ground of his having been a Delegate in the Michigan Territory. That act establishes the south the other House, had a right to come on the floor of the boundary of that Territory on a line to be drawn due Senate. No resolution, therefore, is necessary for him. east from the southern bend or extreme of Lake Michi He is already a privileged spectator. As far as that gan, and the Michigan convention has overlooked or goes, a simple resolution to admit Joun Norvell as a disregarded an act of Congress of 19th June, 1816,

spectator will be sufficient. He was not willing to do any authorizing the people of the Indiana Territory to form thing which could be considered as directly or indirecta 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 tion were adopted, the whole of the words after the drawn east through a point ten miles north of the south word “ resolved" would be stricken out, and the folern extreme of Lake Michigan, provided that the con- lowing words inserted: vention of the people of Indiana would accept and ratify

“ That John NORVELL be admitted as a spectator." that boundary. The Indiana convention did accept and

In this form he would vote for the motion. ratify the boundary thus proposed, and the country be Mr. BENTON suggested that his motion was copied tween these lines became part and parcel of the State from the resolution on the journals. He thought we of Indiana.

had better provide chairs. I find, sir, said Mr. T., that the third section of the Mr. HENDRICKS said that he always regretted fourth article of the constitution of the United States when an appeal was made to bis liberality or courtesy reads thus: New States may be admitted by the Con.

for that which he could not grant, and that this was his gress into the Union, but no new State shall be formed present situation. What is the case? said Mr. H. A or erected within the jurisdiction of any other State, nor

man comes into my house; he tells me that he has come any Siate be formed by the junction of two or more for the purpose of appropriating to bimself a part of my States, or parts of States, without the consent of the house, or of despoiling me of a portion of my goods; Legislature of the States concerned as well as of Con and that he has means in train by which, in his opinion, gress.

he will speedily accomplish these objects. But, inasI consider it unfortunate for Michigan that her

much as it will be more convenient to him to attend to convention has entirely disregarded this provision of this work of spoliation within the house than out of the United States constitution. She has set up a doors, he asks that, through courtesy, I would assign bim claim to a tract of country ten miles wide, north and a seat, and permit him to remain till he can finish his south, and extending from Lake Michigan to the east work. Now, said Mr. II., this statement well enough boundary of Indiana, over 100 miles. Indiana has describes the relations, as far as this proposition is conbeen in possession of this part of her territory near

cerned, between the two citizens of Michigan and the twenty years; bas laid off counties, built towns, opened two Senators from Indiana on this floor. They say that roads, and made ber local arrangements, and she can.

they are Senators from the State of Michigan; that the not tamely surrender it up to any power on earth. sovereignty and independence of that State is extended This claim of Michigan was as unnecessary to her as it over a large territory of the State of Indiana; that it is was unexpected to us; she is larger without that territory their intention to eject the jurisdiction of Indiana from than Indiana is with it. The people residing there have this territory; and that, to enable them more convenientno wish to be included in Michigan--Indiana will never ly and more speedily to do this, they ask to be admitted surrender them to her. It is therefore, sir, impossible, upon the floor of the Senate. Comity should never ask under this view of the case, for her to be admitted what comity can never grant; and this seems to be a under the present form of her constitution. I can no case of that kind. more vote seats in this chamber to the gentlemen sent It has been said on this floor, continued Mr. H., that here as her Senators, than to any other gentlemen that Michigan is a State de facto. But this, with great defer. may be in attendance here from the Territory. One of ence to the opinion, on account of the source whence it her Senators has a right to the privileged seats, in con comes, he must be permitted to controvert, and to say sequence of having been a Delegate in the other House. that he knew of no such case. He inferred, indeed, I would be willing to vote like privileges to the other. that no such case could exist, because the constitution Let them come in as spectators, not as Senators. says that “no new State shall be formed or erected

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