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Now, sir, it is manifest that the public lands cannot be all settled in a century or centuries to come. The progress of their settlement is indicated by the growth of the population of the United States. There have not been, on an average, five millions of acres per annum sold, during the last half century. Larger quantities will be probably hereafter, although not immediately, annually sold. Now, when we recollect that we have at least a billion of acres to dispose of, some idea may be entertained, judging from the past, of the probable length of time before the whole is sold. Prior to their sale and settlement, the unoccupied portion of the public domain must remain either in the hands of the general government, or in the hands of the state governments, or pass into the hands of speculators. In the hands of the general government, if that government shall perform its duty, we know that the public lands will be distributed on liberal, equal, and moderate terms. The worst fate that can befall them, would be for them to be acquired by speculators. The emigrant and settler would always prefer purchasing from government, at fixed and known rates, rather than from the speculator, at unknown rates, fixed by his cupidity or caprice. But, if they are transferred from the general government, the best of them will be engrossed by speculators. That is the inevitable tendency of reduction of the price by graduation, and of cession to the states within which they lie.

The rival plan is, for the general government to retain the public domain, and make distribution of the proceeds, in time of peace, among the several states, upon equal and just principles, according to the rule of federal numbers, and, in time of war, to resume the proceeds for its vigorous prosecution. We think that the administration of the public lands had better remain with the common government, to be regulated by uniform principles, than confided to the states, to be administered according to various, and, perhaps, conflicting views. As to that important part of them which was ceded by certain states to the United States, for the common benefit of all the states, a trust was thereby created, which has been voluntarily accepted by the United States, and which they are not at liberty now to decline or transfer. The history of public lands held in the United States, demonstrates that they have been wasted or thrown away by most of the states that owned any, and that the general government has displayed more judgment and wisdom in the administration of them than any of the states. Whilst it is readily admitted that revenue should not be regarded as the sole or exclusive object, the pecuniary advantages which may be derived from this great national property, to both the states and the union, ought not to be altogether overlooked.

The measure which I have had the honor to propose, settles this great and agitating question for ever. It is founded upon no partial and unequal basis, aggrandizing a few of the states to the prejudice

of the rest. It stands on a just, broad, and liberal foundation. It is a measure applicable not only to the states now in being, but to the territories, as states shall hereafter be formed out of them, and to all new states, as they shall rise, tier behind tier, to the Pacific ocean. It is a system operating upon a space almost boundless, and adapted to all future time. It was a noble spirit of harmony and union that prompted the revolutionary states originally to cede to the United States. How admirably does this measure conform to that spirit, and tend to the perpetuity of our glorious union! The imagination can hardly conceive one fraught with more harmony and union among the states. If to the other ties that bind us together as one people be superadded the powerful interest springing out of a just administration of our exhaustless public domain, by which, for a long succession of ages, in seasons of peace, the states will enjoy the benefit of the great and growing revenue which it produces, and in periods of war that revenue will be applied to the prosecution of the war, we shall be for ever linked together with the strength of adamantine chains. No section, no state, would ever be mad enough to break off from the union, and deprive itself of the inestimable advantages which it secures. Although thirty or forty inore new states should be admitted into this union, this measure would cement them all fast together. The honorable senator from Missouri, near me, (Mr. Linn,) is very anxious to have a settlement formed at the mouth of the Oregon, and he will probably be gratified at no very distant day. Then will be seen members of congress from the Pacific states scaling the Rocky mountains, passing through the country of the grizzly bear, descending the turbid Missouri, entering the father of rivers, ascending the beautiful Ohio, and coming to this capitol, to take their seats in its spacious and magnificent halls. Proud of the commission they bear, and happy to find themselves here in council with friends, and brothers, and countrymen, enjoying the incalculable benefits of this great confederacy, and, among them, their annual distributive share of the issues of a nation's inheritance, would even they, the remote people of the Pacific, ever desire to separate themselves from such a high and glorious destiny? The fund which is to be dedicated to these great and salutary purposes, does not proceed from a few thousand acres of land, soon to be disposed of; but of more than ten hundred millions of acres; and age after age may roll away, state after state arise, generation succeed generation, and still the fund will remain not only unexhausted, but improved and increasing, for the benefit of our children's children, to the remotest posterity. The measure is not one pregnant with jealousy, discord, or division, but it is a far-reaching, comprehensive, healing measure of compromise and composure, having for its patriotic object the harmony, the stability, and the prosperity of the states and of the union.

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IN DEFENCE OF MR. WEBSTER.

IN THE SENATE OF THE UNITED STATES, MARCH 1, 1841.

Ar the session of congress, the term of which expired with the administration of Mr. Van Buren, the honorable Daniel Webster resigned his seat in the senate, preparatory to taking office under president Harrison, as secretary of state, which had been offered to him by the president elect. Mr. Bates, of Massachusetts, having presented to the senate the credentials of the honorable Rufus Choate, who had been elected senator in the place of Mr. Webster, the latter took his seat this day, (first of March,) when Mr. Cuthbert, of Georgia, made some remarks reflecting on the political character of Mr. Webster, in connection with Mr. Clay, as his associate in the senate, which called out Mr. Clay in reply, and occasioned the following debate.]

MR. CUTHBERT said, that on the resignation of the late senator from Massachusetts, (Mr. Webster,) he had charged upon that senator certain opinions on the subject of southern institutions. This had led to a discussion, in the course of which he, (Mr. Cuthbert,) had pledged himself to prove certain points. The most important point was, that Mr. Webster had avowed the doctrine, that congress had full power to prohibit the slave-trade between the states. The next point was, that the legislature of Massachusetts had maintained the same doctrines, and quoted the opinions of that senator, (Mr. Webster,) to sustain them. He had pledged himself to produce the document to support and justify the charge.

After some discussion as to the point of order, and Mr. Cuthbert being permitted to proceed, he then desired the clerk to read an extract from a paper which he sent to the desk. It purported to be a memorial drawn up by a committee, of which Mr. Webster was a member, expressing the opinion, that congress had the power to prohibit the slave-trade between the states.

Mr. Cuthbert then animadverted upon the remark made by Mr. Clay, on the twenty-second of February, complimentary to Mr. Webster, and spoke of three great crises in the history of the two gentlemen when they differed in opinion—namely, on the late war with Great Britain; on the compromise tariff; and on the subject of abolition petitions.

Mr. Clay regretted extremely that he had been called out in this way. The discussion of the other day had, he ventured to

say, satisfied every member of that body, with the exception of the senator from Georgia. He agreed with the senator from Vermont, (Mr. Phelps,) that it was all out of order. There was no necessity to create an occasion for the discussion. The distinguished gentleman from Massachusetts was soon to be nominated to that body, and then would be the proper time to bring out all the opposition to him. But the senator from Georgia had appealed to the courtesy of gentlemen, and he, (Mr. Clay,) was not willing to refuse the request.

No error could be greater than to judge of human character by a single act, a single sentiment or opinion. We were not to expect perfect coincidence in every thing abstract and practical.

[Mr. Cuthbert here addressed the chair.]

Mr. Clay said, I cannot be interrupted, Mr. President. I will not permit an interruption. The practice is much too common, and especially at the other end of the capitol. The senator from Georgia will have ample opportunity to reply when I have concluded. What was the question; what the subject of difference in the discussion? The senator from Georgia alleges that the distinguished gentleman from Massachusetts has expressed an opinion, in Faneuil hall, it was believed, that congress had the power to regulate the trade in slaves between the states. On this subject great diversity of opinion exists. The power to regulate did not imply the power to prohibit. Congress possesses the power to regulate foreign commerce, but it has no right to prohibit it.

But the senator from Georgia has adverted to the fact, that I and my distinguished friend (Mr. Webster) have agreed on some questions, and disagreed on others. Is there any thing unusual or singular in this? The senator from South Carolina, (Mr. Calhoun,) and the senator from Georgia, are now on the same side; have they always agreed? Was the gentleman from Georgia ever a nullifier? [Mr. Cuthbert said, no.] No. I presume there are many points of policy on which those gentlemen differ. The only correct method of judging, is, to take human nature in the tout ensemble, and not undertake to determine by a single instance.

The senator from Georgia has referred to three subjects in which I have differed with the gentleman from Massachusetts. The first was, the late war with Great Britain. Mr. Webster had regarded that war as unnecessary, and in that I think he was wrong. But there was another war; a domestic war; a war waged by general Jackson against the prosperity of the country; and where stood the senator from Georgia in that war? The gallant Webster contended for the people through this long war, with persevering ability, but the senator from Georgia was on the other side.

In regard to the compromise act, the gentleman from Massachusetts had been opposed to that healing measure. But how was it with other senators, with whom the gentleman from Georgia was now cooperating? The senator from Missouri, (Mr. Benton,) and the senator from New York, (Mr. Wright,) both voted against the compromise; but the gentleman finds no difficulty in acting with those gentlemen because they disagreed with him on that

measure.

As it regards abolition, so far as I know the opinions of Mr. Webster, he is just as much averse to it as the senator from Georgia himself. That there is danger impending, no one will deny. The danger is in ultraism. The ultraism of a portion of the south on the one hand, and from abolition on the other. It is to be averted by a moderate but firm course; not being led off into extremes on the one side, or frightened on the other. Mr. Webster and myself have differed on some subjects, have coincided on others; and the senator from Georgia might have referred to an instance in which he himself had voted with Mr. Webster, and in opposition to me. I allude to the tariff of 1824. The substance of the charge is, that Mr. Webster and myself have agreed on certain matters, and disagreed on others; and if the senator from Georgia should undertake to compute the several agreements and disagreements, he would have to work out a more difficult problem than a friend of mine in the other house, who had tried to ascertain whether Vermont or Kentucky was the banner state.

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