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[Arril 25, 1836.
was recommended by the Executive three months ago, purchase by the United States. He believed the docwhen the estimates were sent from the Department 10 trines of the Chief Magistrate were correct. They the committee of the House of Representatives. If the were not called on to decide the question whether reve. Executive shall be thus unsteady and wavering in its nue arising out of all sources was constitutionally subrecommendations, its wishes would not be much regard. ject to a general distribution. Had they not the power, ed in any vote he (Mr. H.) should give.
he asked, to correct the mistakes of the Government in [Mr. SOUTHARD baving explained that the estimates collecting the revenues! Suppose, said he, you estidiffering from those of the House resulted from a mate fifteen millions as the amount necessary for the changed view of the importance of the navy, and said expenses of Government, and when you come to collect they were derived from the commissioners of the navy-) it, it amounts to seventeen millions, must you let those
Mr. HILL continued: He would not regard commu two millions be locked up for ever? Or have you the nications coming from a subordinate bureau of any De power to correct the mistake by returning the excess partment, as executive recommendations; he could not, to the people from whom it comes? In cases where knowing their sentiments in relation to the Chief Magis. the Government took from an individual more money trate, take the recommendations of the navy commission than was due from him, where, he asked, did they get ers as bis guide.
the power to refund? They had the power to assess The hour of one o'clock having arrived, Mr. CAL and collect taxes, and to pay him out of it. It would HOUN moved to lay the bill on the table, for the pur be thought strange if one man, in settling with another, pose of taking up the special order; which motion was should not have the power to correct mistakes; and agreed to: Ayes 16, noes 11.
why should not the Government have the same power LAND BILL.
as individuals. He agreed with the President, that The bill to distribute the nett proceeds of the sales of exercised. But the question is, said he, whose money
where a doubt of the power existed it ought not to be the public lands among the States, and for granting lands
is it you have got in your Treasury? You don't know who to certain Stales, was ihen taken up as the special order
you received it from, and therefore cannot return it to of the day; when
its proper owners. All the public lands were acquired Mr. WHITE said the circumstances with which we
either by deeds of cession or by purchase. The deed were now surrounded were not only novel, but were
of cession from Virginia in 1784 contained an express different from those of former times when a debt was
provision that these funds were to be applied for Die due by the nation, and no money in the Treasury be.
benefit of all the States in the Union, or that should yond the sum necessary to meet the ordinary expenses
thereafter be admitted. of the Government. Now the nation owed not one cent,
But it was said this deed was maile before the new and the Treasury was full to overflowing. In this state
confederation, and before which each State contributed its of things, alter satisfying every ordinary demand on the
proportion to the support of the Government. Suppose, Government, every man supposed a surplus would be
said he, that form of Government had continued, and lest. For the distribution of this surplus, various pro
the national debt had been paid off, and it had acquired jects had been offered, and this among the rest. He
a surplus, as it has now. In that case, he asked, what had compared this one with each of the others, with a
became of the question, what shall be done with the view to make a selection of that one which he conceived surplus revenue?' They could dispose of it only by dismost advantageous to the country. The question arose,
tributing it on the same principle by which it was paid has Congress the power to make this distribution? !f in. If ihey were obliged to appropriate, as other ap. it had not, then the inquiry into the expediency or polipropriations, that was another matter, in which the cy was useless. Some years ago it was foreseen that
question of distribution was not involved. there would be a surplus; and, if he was not mistaken,
It had been objected that, in making a distribution the President had made a communication in relation to
among all the States, they would include the grantor as it. The Secretary of the Navy, (Mr. Dickerson,) when
well as the other States. If his views were correct, in Congress, hud made a report on the subject in 1825
they would not only have the right to make appropria'26, from which he read extracts to show the great ad.
tions as trustees, but it was their bounden duty, under vantages he (Mr. D.) thought would result from an
the old confederation, to return the excess to the States. equitable distribution of the revenue for purposes of edu
He cited a clause in the sixih article of the constitution cation and internal improvements, which report, Mr. to show that a change of Government was not intended W. said, was not confined to the revenue from one
to change the relative rights of any of the States, but source or another, but embraced the whole revenue,
that they stood in the same situation as before; and also and that it even recommended a distribution of a por cited authorities to show that Congress had clearly the tion of the revenue in anticipation of the gradual ex
power over the fund arising from the public lands. Al tinguishment of the national debt; and asserted that it
though they had a general power to collect taxes, yet would relieve Congress from a great source of unneces that power was necessarily limited to the objects for sary legislation. When the present Chief Magistrate which it was given. If, by giving a section of land along came into power, so far as he knew in the section of
a line of canal, it would increase the value of the rest, country in which he lived, it found very considerable nobody would doubt the power of Congress to do so. favor among the mass of the people. He quoted the But it was said that Louisiana and, Florida were pur. recommendation of the President to distribute the sur.
chased. How were the lands in these new States ac. plus revenue in a ratio of representation among the quired? By the avails of the public lands, which ena. States, and that, if there were any constitutional doubts,
bled the Government to purchase more lands; and these to apply to the legitimate source, the States, for their newly acquired lands in Louisiana and Florida would be removal. He cited the report of the Secretary of the decreed in a court of chancery to be held, as the other Treasury (Mr. McLane) in 1831, in favor of the con lands were held, in trust by the Government. With this stitutional power of Congress over the revenue from view of the subject, bis mind was clearly settled down public lands, to appropriate them to the purposes of that Congress had the power to distribute the surplus education and internal improvement. No distinction revenue from the public lands. But it was said that, was observed in the message of the President. But the after all the appropriations were made, there would be Secretary of the Treasury saw difficulties ahead, and only four or five hundred thousand dollars to dispose of. scized upon it, and suggested how it should be met by Insetiling this question, le doubted the propriety of going
INDEX TO TIIE DEBATES IN THE SENATE.
Abolition of slavery; (see Slavery.)
Colonization Society; a petition from citizens of Ken.
tucky, recommending the society to the favor-
able notice of Congress, 1901.
cities, 466, 964; taken up, 1449; passed, 1453.
Documentary History of; a resolution authorizing
the Secretary of the Senate to collect and pub-
lish such a work, 498; referred.
out the public grounds, &c., 1154.
election by ballot, 11.
mittee inquire into the expediency of fixing, by
law, the commencement and close of every ses-
of the Government for the year 1836; read a bill to appoint a day for the annual meeting of
Congress, 1649; passed.
above bill returned, vetoed by the President, as
conflicting with the constitution, 1757.
the subject taken up, 1859, 1878; bill rejected.
gress, 1880; indefinitely postponed, 1908.
Constitution; a resolution to amend it, so as to provide
for a distribution of surplus revenue, 52.
Constitutional currency; a bill to re-establish the curren-
cy of the constitution, 1745.
on the construction of the road in Indiana and
a bill to continue the road as proposed, 390; ta-
ken up, 615; passed, 811.
Custom-house officers, a report from the Treasury De-
partment concerning, 34.
Dade, Major, petition in favor of, referred, 613.
Delence of the frontiers; a bill reported to accept the
services of volunteers, 1385.
ations for it, 1928; passed.
retary of the Treasury's statement of their af.
fairs, 839; agreed to, 847.
a bill to extend the charters of, 1577; passed,
Duties on imports; a bill to repeal the duty on certain ar-
nating act as relates to the Portuguese islands,
imporís; a bill to amend the several acts imposing
duties on imports, 1287.
Electioneering agents; a resolution calling on the Secre-
lary of War for information as to the office
held by B. F. Curry, in the Cherokee nation,
Executive patronage; (see Officers.)
be called up, 722; taken up, 877; again, 1593;
laid on the table, 1598.
tablishment of certain post roads, 613.
railroad; a bill to authorize it to run through the
public lands, 664; passed.
Florida war, a bill making further appropriations for, | Lands; to appropriate, for a limited time, the proceeds of
land sales, 48; motion to take it up, 810; con-
sideration resumed, 1172; ordered to be en.
the committee on, moved to be discharged from
certain petitions for rights of pre-emption, &c.,
penses incurred by the committee of last Con.
gress, in their investigation of certain frauds,
of the public lands, 1697; postponed indefinite-
War to cause a survey to be made for a fortifi.
Library of Count Bourtoulin; a resolution directing the
Library Committee to inquire into tne expedi-
ency of purchasing il, 578; agreed to.
Lieber, Professor; his memorial in relation to his statisti-
cal work, 1198.
Louisville and Portland canal, a bill to authorize the
United States to purchase the private stock of,
McCartney, John; a bill for his relief, 934; passed.
from the President, 1911; resolutions of respect
to bis memory, 1914.
Mail contracts; resolution instructing the Post Office
Committee to inquire into ihe expediency of
authorizing contracts to be made with railroad
Maine boundary; resolutions of the Legislature of Massa-
chuseus, in relation thereto, 958.
Assembly of Indiana on this subject, 56. Manning, the llon. Richard J., his death announced,
its officers, 1877.
mittee on Pensions was moved to be recon-
sidered, 1780; reconsidered, 1854; and the re-
port of the committee concurred in.
Meade, Richard W., a bill for the settlement of the
claim of his executrix; passerl, 1872.
Melville, David; a petition complaining of his removal
from office, 1177.
Metropolis Bank; a memorial for a recharter thereof,
Power, 1427; passed.
from the President, 5.
tion considered, 8, 36; agreed 10, 41.
memorial asking to be admitted into the Union
presented, 282; referred to the committee on
the Michigan matters, 290.
bill for the admission of Michigan into the Union,
establish the northern boundary of Ohio, and
for the admission of Michigan into tbe Union,
Michigan Senators; resolution for paying them agreed Post Office accounts; a communication from the Postmas.
ter General, 1048.
fice Department, 1769.
certain post-routes in Missouri and Arkansas,
ing the proof of, 1696; laid on the table, 1698;
message in relation to French affairs, 163.
our difference with France, 390.
with the result of the mediation of Great Britain,
respecting French spoliations, 662.
in relation to Mexico, 1409.
informing Congress that France had paid the four
instalments, in fulfilment of the treaty, 1426.
response of Samuel Gwin, 1658.
returning the bill appointing a day for the annual
meeting of Congress, with constitutional objec-
relation to Texas, 1871.
1914; his address on the occasion.
fund, to whom had been reserred a resolution
on the subject, 590.
Protection of the frontiers; (see Defence.)
Public deposites; a bill to regulate them, 52; taken up,
1383; modified, 1577; passed, 1845.
mittee, 1101; subject considered, 1199.
a resolution proposing a reduction of the revenue,
a resolution directing the surplus revenue to be
set apart for the general defence of the coun.
Rescinding resolution, offered in place of the expunging
resolution, 1427; taken up, 1884; negatived,
Ripley, General; a bill to audit and settle bis accounts,
1676; referred to the Committee on Pensions.
Royall, Mrs. Ann; report of the Committee of Claims,
unfavorable to her petition, was laid on the
School lands; a bill to authorize the relinquishment of
the 16th section of public lands, and to substi-
tute other lands, 389; passed.
spondence on Frencli affairs, 168.
the Treasury to inquire of the deposite banks Senate chamber; a report in relation to alterations in the
Senate chamber, 3.
Sheppard, Moses, a bill for the relief of, 580; rejected.
sider a bill in addition to an act for providing for
this description of persons, 1758; which was
agreed to, and the bill was amended and passed.
Slavery in the District of Columbia; petitions on the sub.
Aikansas; petitions against admitting the State
into the Union except on certain conditions, | Wabash, a bill to improve the navigation of, 563; order-
ed to a third reading, 565.
discharged from its further consideration, from
the disrespectful terms in wbich it is expressed,
lives; his death announced, 7.
978; passed, 1124; a conference with the House
of Representatives on an amendment, 1177; the
Senale receded from its disagreement to the
bill to create the office of surveyor of public
lands in the Territory, 1913; passed.
Yeas and nays, on a resolution to supply the Senators
witli newspapers, 54.
regulations of the Senate chamber, 71, 72.
favor of acknowledging the independence of for the relief of sufferers by the New York fire,
edge the indepe:dence of the country, 1414, resolution for admitting certain persons into the
bill for relief of Moses Sheppard, 580.
referring the proceedings of a convention in Ar-
Ohio boundary, 785, 799.
concluding with a resolution in favor of ac Jand bill, 810, 811, 333.
of Columbia, 964, 977, 1452.
resolution for the safe keeping of the journal, 977.
bill for graduating the price of public lands, 1032.
open a negotiation with France on the subject, bill for payment of revolutionary pensioners, 1094.
graniing land to Missouri, 1123,
the Treasury for information on this subject, relief of the representatives of Colonels Bond and
1305, 1308, 1313, 1396.
navy appropriation bill, 1299, 1427.
harbor bill, 1383, 1984.
the bill to reward the recaptors of the frigate
the bill 10 prohibit the circulation of incendiary
publications, 1675, 1737.
certain pre-emption claims, 1696, 1697, 1698,
northern boundary of Ohio, and for the admis.
sion of Michigan into the Union, 1739.
bill to regulate the deposite of the public moneys,
1766, 1768, 1778, 1780, 1782, 1784, 1785,
1786, 1787, 1815.