SENATE.] Land Bill. [APRIL 25, 1836. purchase by the United States. He believed the doctrines of the Chief Magistrate were correct. They were not called on to decide the question whether revenue arising out of all sources was constitutionally sub was recommended by the Executive three months ago, when the estimates were sent from the Department to the committee of the House of Representatives. If the Executive shall be thus unsteady and wavering in its recommendations, 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. [Mr. SOUTHARD having explained that the estimates differing from those of the House resulted from a changed view of the importance of the navy, and said they were derived from the commissioners of the navy-] Mr. HILL continued: He would not regard communications coming from a subordinate bureau of any Department, as executive recommendations; he could not, knowing their sentiments in relation to the Chief Magistrate, take the recommendations of the navy commissioners as his guide. The hour of one o'clock having arrived, Mr. CALHOUN moved to lay the bill on the table, for the purpose of taking up the special order; which motion was agreed to: Ayes 16, noes 11. LAND BILL. The bill to distribute the nett proceeds of the sales of the public lands among the States, and for granting lands to certain States, was then taken up as the special order of the day; when he asked, to correct the mistakes of the Government in collecting the revenues? Suppose, said he, you estimate fifteen millions as the amount necessary for the expenses of Government, and when you come to collect it, it amounts to seventeen millions, must you let those two millions be locked up for ever? Or have you the power to correct the mistake by returning the excess to the people from whom it comes? In cases where the Government took from an individual more money than was due from him, where, he asked, did they get the power to refund? They had the power to assess and collect taxes, and to pay him out of it. It would be thought strange if one man, in settling with another, should not have the power to correct mistakes; and why should not the Government have the same power as individuals. He agreed with the President, that where a doubt of the power existed it ought not to be exercised. But the question is, said he, whose money is it you have got in your Treasury? You don't know who you received it from, and therefore cannot return it to its proper owners. All the public lands were acquired either by deeds of cession or by purchase. The deed of cession from Virginia in 1784 contained an express provision that these funds were to be applied for the benefit of all the States in the Union, or that should thereafter be admitted. Mr. WHITE said the circumstances with which we were now surrounded were not only novel, but were different from those of former times when a debt was due by the nation, and no money in the Treasury beyond the sum necessary to meet the ordinary expenses of the Government. Now the nation owed not one cent, and the Treasury was full to overflowing. In this state of things, after satisfying every ordinary demand on the Government, every man supposed a surplus would be left. For the distribution of this surplus, various projects had been offered, and this among the rest. He had compared this one with each of the others, with a view to make a selection of that one which he conceived most advantageous to the country. The question arose, has Congress the power to make this distribution? If it had not, then the inquiry into the expediency or poli-propriations, that was another matter, in which the cy was useless. Some years ago it was foreseen that there would be a surplus; and, if he was not mistaken, the President had made a communication in relation to it. The Secretary of the Navy, (Mr. Dickerson,) when in Congress, had made a report on the subject in 1825'26, from which he read extracts to show the great advantages he (Mr. D.) thought would result from an equitable distribution of the revenue for purposes of education and internal improvements, which report, Mr. W. said, was not confined to the revenue from one source or another, but embraced the whole revenue, and that it even recommended a distribution of a portion of the revenue in anticipation of the gradual extinguishment of the national debt; and asserted that it would relieve Congress from a great source of unnecessary legislation. When the present Chief Magistrate came into power, so far as he knew in the section of country in which he lived, it found very considerable favor among the mass of the people. He quoted the recommendation of the President to distribute the surplus revenue in a ratio of representation among the States, and that, if there were any constitutional doubts, to apply to the legitimate source, the States, for their removal. He cited the report of the Secretary of the Treasury (Mr. McLane) in 1831, in favor of the constitutional power of Congress over the revenue from public lands, to appropriate them to the purposes of education and internal improvement. No distinction was observed in the message of the President. But the Secretary of the Treasury saw difficulties ahead, and seized upon it, and suggested how it should be met by But it was said this deed was made before the new confederation, and before which each State contributed its proportion to the support of the Government. Suppose, said he, that form of Government had continued, and the national debt had been paid off, and it had acquired a surplus, as it has now. In that case, he asked, what became of the question, what shall be done with the surplus revenue? They could dispose of it only by distributing it on the same principle by which it was paid in. If they were obliged to appropriate, as other ap question of distribution was not involved. It had been objected that, in making a distribution among all the States, they would include the grantor as well as the other States. If his views were correct, they would not only have the right to make appropria tions as trustees, but it was their bounden duty, under the old confederation, to return the excess to the States. He cited a clause in the sixth article of the constitution to show that a change of Government was not intended to change the relative rights of any of the States, but that they stood in the same situation as before; and also cited authorities to show that Congress had clearly the though they had a general power to collect taxes, yet power over the fund arising from the public lands. Althat power was necessarily limited to the objects for which it was given. If, by giving a section of land along a line of canal, it would increase the value of the rest, nobody would doubt the power of Congress to do so. But it was said that Louisiana and, Florida were pur chased. How were the lands in these new States acquired? By the avails of the public lands, which ena bled the Government to purchase more lands; and these newly acquired lands in Louisiana and Florida would be decreed in a court of chancery to be held, as the other lands were held, in trust by the Government. With this view of the subject, his mind was clearly settled down that Congress had the power to distribute the surplus revenue from the public lands. But it was said that, after all the appropriations were made, there would be only four or five hundred thousand dollars to dispose of. Insettling this question, he doubted the propriety of going INDEX TO THE DEBATES IN THE SENATE. Abolition of slavery; (see Slavery.) day of adjournment fixed for the 4th of July, 1780. pre-emption rights; a report on the memorial of the and Mississippi five per cent. fund; a bill to carry Appropriation bill for the civil and diplomatic expenses Appropriations for the army for 1836, 1413; read three Indian department, 1458; passed, 1739. to carry into effect certain Indian treaties, 1928; a bill to provide for the admission of Arkansas do. in addition to the above act, 1577; passed. bill to increase the military peace establishment, Bayard, the Hon. Richard, from Delaware, took his seat in the place of Mr. Naudain, resigned, 1848. Bond and Douglass, Colonels, a bill for the relief of the Brahan, John; report of the Secretary of the Treasury, in answer to a resolution on the subject of mo. Bullion for the mint; a bill to supply the mint with bul- Carey & Lea's History of Congress; a joint resolution sales of these lands, 1412. reservations; (see Pre-emption claims.) treaty; a bill for adjustingc ertain claims under 1 Colonization Society; a petition from citizens of Ken- Columbia, District of, a bill for the relief of the several resolution to authorize the commissioner to rent Congress; a resolution proposing that the Judiciary Com- a bill to appoint a day for the annual meeting of above bill returned, vetoed by the President, as the subject taken up, 1859, 1878; bill rejected. Cumberland road; a report from the Secretary of War, a bill to continue the road as proposed, 390; ta- a bill making an appropriation for do., 4633. Dade, Major, petition in favor of, referred, 613. Deposite banks; a motion to print extra copies of the Sec- District banks; a joint resolution in relation to them, 63. Duties on imports; a bill to repeal the duty on certain ar- wines; a bill to suspend so much of the discrimi- imports; a bill to amend the several acts imposing Electioneering agents; a resolution calling on the Secre- Executive patronage; (see Officers.) Florida post roads; a joint resolution authorizing the es- railroad; a bill to authorize it to run through the Florida war, a bill making further appropriations for, | Lands; to appropriate, for a limited time, the proceeds of banks; a resolution instructing the Judiciary Com- a bill prohibiting the incorporating of banks in Foreign paupers; a resolution in relation to foreign pau- Fortification on Lake Champlain; a resolution proposing from the House, reported with amendments, 1877; France and the United States; (see United States.) Globe newspaper, Mr. Webster's complaints against, Grant, Joseph; a bill to extend his patent right for ma- Haight, Stephen, re-elected assistant doorkeeper, 8. Harbor bill, for the improvement of certain harbors, &c., Hill, Hon. Isaac, the resignation of his seat, 1616. a bill prohibiting postmasters from transmitting Indian claims, speculations in; a memorial from Missis- hostilities; a bill for suppressing them, 103; passed, 291. Land land sales, 48; motion to take it up, 810; con- the committee on, moved to be discharged from two bills on the subject of pre-emption rights, 836. resolution authorizing the payment of the ex- a bill to change the mode of conducting the sales Office; a bill to reorganize the General Land Office, Lake Champlain; resolution directing the Secretary of Library of Count Bourtoulin; a resolution directing the Light-houses; a bill making appropriations for them, Louisville and Portland canal, a bill to authorize the 1563. Lowrie, Walter, Esq., re-elected Clerk of the Senate, 8. Mail contracts; resolution instructing the Post Office Maine boundary; resolutions of the Legislature of Massa- Maine resolutions, on the subject of abolition, 1109. Marine corps, a bill to regulate and increase the pay of Marshall, Humphrey; an unfavorable report of the Com- Metropolis Bank; a memorial for a recharter thereof, Mexico; a bill to carry into effect the treaty with that Michigan applies for admission as a State, in a message credentials from its Senators presented, 6; ques- bill for the admission of Michigan into the Union, school lands; a bill supplementary to the bill to Michigan Senators; resolution for paying them agreed Post Office accounts; a communication from the Postmas- to, 1780. a bill to provide for the execution of the laws of ter General, 1048. the bill changing the organization of the Post Of- Military land warrants, a bill to extend the time for issu. Post routes; a joint resolution for the establishment of Mint; (see Bullion.) Missouri land claims, a memorial respecting, 799. a bill confirming the claims of, 964; passed. a bill granting a certain quantity of land to, for 1123. resolution directing the Commissioners of the National defence; resolutions offered by Mr. Benton, Naval service; a bill for the enlistment of boys, 1413; Naval academy; a bill to establish one, 1453. a bill for organizing the navy, 1855; laid on the Naudain, Hon. Arnold, from Delaware, resigns his seat, New Hampshire resolutions in favor of the expunging New Orleans custom-house; presentments of its dilapida- New York; a resolution instructing the Committee of Fi- memorials on same subject, 46, 391. a bill for the relief of the sufferers by the fire, a bill to extend the relief of the act now in exist- Northeast boundary of the United States; a message Ohio; report from Secretary of War respecting the a bill to define the northern boundary line of, 14; a joint resolution respecting do., 35. 1021. Page, Hon. John, from New Hampshire, took his seat, Office; a bill to provide for the erection of a build- Pension bill, which grants half pay to the widows and certain post-routes in Missouri and Arkansas, Pre-emption claims, a bill to extend the time for receiv President's annual message received, 4; (see Appendix.) on the mediation of Great Britain in relation to concerning sale of lands in the vicinity of Fort with the result of the mediation of Great Britain, respecting French spoliations, 662. on discriminating duties with Portugal, 679, informing Congress that France had paid the four returning the bill appointing a day for the annual enclosing a report from the Secretary of State, in relation to Texas, 1871. President pro tem., Mr. King, from Alabama, appointed, Printing; a report of the committee on the contingent Protection of the frontiers; (see Defence.) a supplementary bill, 1913; passed. a resolution proposing a reduction of the revenue, a resolution directing the surplus revenue to be Rescinding resolution, offered in place of the expunging 1897. Ripley, General; a bill to audit and settle his accounts, School lands; a bill to authorize the relinquishment of Secretary of State's communication, enclosing a corre- Senators, a list of, 1. Shackford, John, re-elected Sergeant-at-arms, 8. sider a bill in addition to an act for providing for 1199. Arkansas; petitions against admitting the State into the Union except on certain conditions, | Wabash, a bill to improve the navigation of, 563; order- Smith, Hon. Nathan, from Connecticut; his death an- nounced, 4. Smithsonian institution; the President communicates cer- a joint resolution authorizing the President to ap- Statuary; resolution in relation to statues for the east Texas; proceedings of a meeting at Cincinnati, in several memorials praying Congress to acknowl. proceedings of a meeting in Warren county, Mis- a memorial from Shelby county, Kentucky, pray- resolutions of Legislature of Connecticut, on the report of the Committee on Foreign Relations, report from the Secretary of State on the subject, proceedings of a meeting of citizens at Nashville, Tobacco trade; a resolution requesting the President to 1381. Transfer drafts; a resolution calling on the Secretary of proposition for printing an extra number of copies Transfers of public money; a resolution on the subject, Treasury, Secretary of, his annual report, 4; (see Ap- Treaty with Spain; a bill giving effect to the 8th article a proposition for appointing a board of commis- Tyler, Hon. John; his resignation, 656. President for information on the difficulties ex- militia; a bill to provide payment for their servi Western boatmen; a memorial on the subject of a marine Western frontier, the bill for the better defence of, Wetmore, Alphonso, petition of; the Committee of Claims Wisconsin, bill to establish a Territorial Government in, Yeas bill to create the office of surveyor of public and nays, on a resolution to supply the Senators the judiciary bill, 63, 65. regulations of the Senate chamber, 71, 72. on reference of the Michigan memorial, 289. resolutions in relation to national defence, 572. Ohio boundary, 785, 799. slavery in the District of Columbia, 787, 804, 810. bill for relief of the corporations of the District resolution for the safe keeping of the journal, 977. bill for graduating the price of public lands, 1032. bill for the admission of Arkansas, 1056. bill for payment of revolutionary pensioners, 1094. establishing the Territory of Wisconsin, 1177. Mr. Clay's land bill, 1254, 1301, 1302, 1305, navy appropriation bill, 1299, 1427. fortification bill, 1524, 1550, 1576, 1592. the bill to reward the recaptors of the frigate cases of B. F. Curry and S. Gwin, 1668. the bill to prohibit the circulation of incendiary extending the charters of the District banks, 1695, bill for extending the time for receiving proof of the bill supplementary to the bill to establish the |