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SENATE.]

Florida Canal.

[FEB. 14, 1826.

hath it, in the future in rus-about to become a State. And the work. As for himself, he did not now, and never did, is it possible? I cannot believe that the authors of this instru- like these Territorial Governments; and, by this course of ment, who were very sagacious men, though their sagacity making improvements in them, it only retards their bedid not, because it could not-it was not in the nature of coming States; for, when they acquire the requisite pothings-it is not in the nature of man-that it should ex-pulation, they will still put it off, until all the improvetend to the point of seeing how this political machine, when ments they desire are made. One wants a canal, anothey put it into operation, would work. I cannot believe that ther a road, and when they get all they want, they they intended, by "needful rules and regulations re- come into the Union flourishing States, with nothing more specting the Territory," any such monstrous grant as this to ask. that is now claimed for "The Congress." We have had Mr. M. thought gentlemen in an error when they spoke to cobble several parts of it, and we are now tinkering the of ten per cent. being charged for insurance to Cuba; he very same part of it again. Such is political foresight. I was under the impression it was never so high as that, and hope to be permitted to speak as a plain and unlettered man. now, he understood, it was from one to one and a half per I never shall enter into a dispute on the subject of philolo-cent., and this includes the dangers of the coast, particugy as long as I live. I speak in the plain vernacular tongue, larly the two Capes of North Carolina, &c. Mr. M. did level not only to the comprehension of this august assem- not agree with Mr. HOLMES, about sinking this Territory bly, but to that of my constituents, the People, the State in the Gulf of Mexico, he had rather have the land than so of Virginia. Men commence with the control of things-much more water. This Territory of Florida was, by the they put events in motion-but after a very little while, way, a strange country; sometimes it is very good-no events hurry themaway, and they are borne along with a swift country like it-then, again, it is so worthless it is not fatality, that no human sagacity or power can foresee or worth having, and to be sunk in the sea. control. All Governments have worked so, and none more than ours-no man ever supposed that the British Constitution, taken theoretically, was to produce the present result; no man ever supposed that the different French Constitutions, with their councils of ancients and their councils of youngsters, were to turn out as they had done. A government on paper is one thing-it is such a government as we find here in this book-and a government of practice is another thing-it is such a government as we find herein this body I mean. The authors of the Constitution would never have used separate sets of words to convey one and the same thing. If they had been scriveners from the Inns of Court, and wanted to draw out their parchment to the greatest professional length, though they might have used the set of words applied to the District, they would have used the same set of words applied to the Territory-but you see there are two distinct, and in some regards, discrepant grants of power.

Mr. M. said, he did not like to go on in this way-the Government was constantly gaining power by little bits. A wagon road was made under a treaty with an Indian tribe, twenty odd years ago; and now it becomes a great national object, to be kept up by large appropriations. We thus go on by degrees, step by step, until we get almost unlimited power. Little things were often of great importance in their consequences. The Revolution in this country was produced by a trifling tax on tea. There were five or six different ways found out of getting power-by construction, by treaty, by implication, &c. He was not willing to take any of them. He was willing to execute the Constitution just as it was understood by those who made it, and no other.

Mr. M. concluded by saying, there were constant applications before Congress for these objects; yet nothing was more clear to him than that, if they could be executed with profit, they would be done by private enterprise, and that it was only when the case was different that Congress was appealed to.

I have learned a lesson to-day, (said Mr. R.) which I hope will not be thrown away upon me; that is, hereafter, when I want to record my vote on a question that I con- Mr. BRANCH, of N. C. did not wish to detain the Senate ceive to be of consequence in its principles, however re- any further than to assign the reason for giving the vote garded by others, not to be betrayed into a discussion, which he should give. He considered the Territory of even of that principle, where I know discussion will do Florida as the property of the United States; it was an inno good, or into details, when the details are quite fant State, and he considered it as the bounden duty of foreign to the matter in hand. I accord my thanks to Congress to foster and cherish this property, and to lead the Senate for the patience with which they have heard it to a state of maturity as speedily as possible. They me, and I promise them not very soon to trouble them again. must nurse the Territories; they were constrained to do Mr. HOLMES offered, in reply to Mr. R. a few reasons for this as regarded their natural offspring, and they were un the difference between the phraseology of the two clauses, der the same necessity as regarded the Territories, which and then said, in reply to the gentleman from Ohio, (Mr. would hereafter become States. The unappropriated HARRISON,) he did not, when he observed that, from the lands in the Territory of Florida belong to the United modesty of his Western brethren, they never lost any States, and whatever was bestowed for the work in conthing for want of asking-he did not intend any disrespect templation would be amply repaid, at a period not very to their very respectable Representative. If the People remote, by the enhanced value of the lands which would required him, he was obliged to urge their claims. He there be brought into market. Mr. B. perfectly coinciddid not wish to enter into any discussion with the gentle-ed with the gentleman from Tennessee, (Mr. WHITE,)— man as to which of the two possessed the most modesty. doubting of the constitutional right of the United States If they were to agree to renounce their modesty, they to cut roads and canals through the States, he had hitherwould have no difficulty in doing it, and their intimate to abstained from exercising it; but as regarded the terfriends would probably not observe the loss. ritory, the objection did not seem to exist. Mr. B. said he should, on all grand questions, feel himself at liberty to vote for every measure that had a tendency to advance the general weal, and should feel himself bound to sup. port the interest of the State he represented, so far as he could do it consistently with a conscientious discharge of his duties. This was the course he should pursue, and he knew the People at home too well to believe that they would not sustain him in it.

Mr. MACON, of N. C. said, the opinion had been expressed that, while the Territories remain such, it was competent for the Government to make improvements in them; but, suppose improvements begun, and before they are finished, the Territory becomes a State-what is to be the consequence? The moment a Territory becomes a State, the General Government must cease to act, and, if it cannot go on, all the money and labor expended may be thrown away. In the work now proposed, Mr. M. said, they ought to have proceeded as in all other similar objects they ought to have estimates of the cost before they begin

Mr. HENDRICKS offered some further remarks in support of the amendment. It only proposed to do that which was doing every day, and which the Engineers

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were even now employed in doing, between this place and New Orleans. It had been suggested to him, since this discussion had commenced, to withdraw the amendment, and that the Secretary of War would have power to order this survey. This, Mr. H. contended, was a strange circumstance; that the Secretary of War should have the power to do that which this House doubted its constitutional power to authorize. Amongst the several maps and charts with which the committee had been furnished, there was one which tended to show that, of the survey alluded to, the greater part had already been made, under the authority of the War Department, probably for ascertaining suitable sites for fortifications. He thought that they had so far progressed, and had so often adopted this principle, that he could not have expected that any objection would have been made on constitutional grounds, to the section before them; but these objections having been made, if they were to meet them on every proposition that was made, they might as well meet them on this question as on any other. He should, therefore, be disinclined to accede to the wish of those who wished the amendment | to be withdrawn, even if he had the power.

[SENATE.

fluenced by the opinions of another. He was very sorry that his colleague had misunderstood him.

Mr. ROWAN, of Kentucky, said, that, so far as related to the disbursement of money, he was one of the liberals. He was not one of those who thought it a blessing to have an overflowing Treasury. Whenever there was more money in the Treasury than sufficed to meet the current expenses of the Government, it belonged to the People, and it ought to be distributed amongst them to swell the tide of industry. The survey proposed by the bill, as related to the Territory, he conceived to be a very impor tant measure; and he had no doubt as to the powers of the United States to expend the money within the Territory; but, so far as he was at present informed, he was of opinion, with those who contend that the Government has not the power, without the consent of the States, to expend their money on the soil of the State. The territory of the State belongs to the State as a sovereign State; and was a sovereign State to talk about being the object of a favor? Was a sovereign State to demand a favor, and receive it in the shape of a favor? Was it consistent with the sovereign character so to do? The very term implied compoMr. MACON said that, whether he voted liberally or nent power, wealth, and every thing that was necessary not liberally, he would willingly leave it to his constituents for the existence of a State. The wealth of a State, wheto decide on his votes. The fact was, in regard to the ther of the United States or of an individual State, in his anticipated augmentation of the value of lands, in conse- opinion, did not depend on the surplus millions in the quence of making the canal in the Territory, that the Treasury, but exists always in the muscles, and enterprize, highest lands ever sold by the Government were sold and hardihood of its citizens; and this is a source that where there was no improvement, not even a road-he could be drawn on for every reasonable purpose, and at meant (so he was understood) Madison county, in Alaba- all times when the wisdom of the State chose to make the As to voting the public money liberally, Mr. M. said draft. He considered an appeal to the United States, by he wished to see every thing saved that could be saved, a State, in the shape of a favor, as a renunciation of its to meet those sixteen millions of the public debt which sovereign character. He was one of those who believed fell due this year. The Secretary of the Treasury had not only that things influence terms, but that terms influ said we must borrow to meet it. Mr. M. thought it best ence things; and when they used the language of depento husband our resources, and pay off as much as we dence, they would prepare the temper of the People for could, and satisfy every body that there is a prospect of the reception of the thing; and in this discussion, and all paying the debt off. He repeated, he did not think it was such discussions, he wished terms to be excluded that necessary to expend money in the Territory in this way, were incompatible with the intrinsic meaning of the subto advance the value of the lands. He had no doubt the stance to which they are applied. In inquiring into the land would sell as fast as the Indian title was extinguish-power of the State, he did not look into the Constitution ed. It was the country where sugar and other valuable articles would be produced, and the bounty on sugar would make the lands sell fast enough.

ma.

the

to find what powers were conferred; he looked into it to see what powers were denied-what the People have denied to themselves. Every thing is subject to their will, and the Constitution is but the delineation of the manner in which this will is to be exercised, in what we call the Government: and what is not fairly denied to the State, exists by the social compact.

Mr. BRANCH said he had ever yielded to the force of arguments of his worthy colleague, and to his long tried experience, and he should examine well the ground on which he stood, before he ventured to differ from him. He took it a little unkind in his colleague to put the con- In the General Government, they were, Mr. R. said, to struction he had done on the remarks he had made to the look into the Constitution for all the power they possessed Senate. He should have considered the different grounds-there was no such power given in the Constitution; and on which they stood; a patriotic devotion of thirty years he believed, with deference to the opinion. entertained, to his country had placed him (Mr. M.) firmly in the con- that, to convey the exercise of such a power, was incomfidence of his friends at home. Mr. B. said no man ever patible with what was the acknowledged power of the paid more respect to his talents and real worth than he States. There was no power given to expend money in did, and he did not wish to contrast any course he should roads and canals in the States; there was no such power deem it his duty to pursue, with the course of his honora- specifically given to the United States; and when once it ble colleague. He appreciated his motives; he venerated was settled in this House that power could be derived to the man; but his conscience told him he must pursue a this Government by construction, you have discovered the course, on this occasion, which differed from that of his means by which the whole power of a State might be frithonorable colleague. His friend, in the course of the re-tered down and annihilated. Construction is a thing of marks he had made to the Senate, had alluded to the vote given yesterday in relation to authorizing the opening a road from Tennessee to Mississippi; and he did vote for that appropriation: for, not only had Congress the right to make this appropriation for a road through the Indian country, acquired by treaty, before it came into the Union, but it was an obligation on the General Government to complete the work it had commenced, and he had therefore voted for it.

Mr. MACON protested that he meant no improper reference to his colleague, in the few remarks he had made. He never entertained a thought that any one was to be in

inconceivable dilation. But without going into political metaphysics, there was one aspect of the case which should present itself on all such questions. We are apt to say, this Government has power, and that Government has power; and the general phraseology seems to import, that this Government has a double sovereignty-the sovereignty of the United States, and the sovereignty of the State. Mr. R. thought there was but one sovereign in America, and that is the People; the public will is the sovereign power; and there are two sovereign machines-one for external purposes, and one for internal purposes. The People within a State are sovereign, and that State is li

SENATE.].

Florida Canal.-Bankruptcy.

108

[FEB. 14-21, 1826.

mited by the restraints imposed in their own Constitution, and by the power conceded to the General Govern-word in the discussion of this subject, if he were not placMr. KING, of Alabama, did not intend to have said a ment. Imposed by themselves, in their own Constitution, ed in a situation that required him to explain his reasons or in the Constitution of the General Government, their for the vote he should give. He was as much opposed to will is the power, where these restrictions are not found. the violation of the principles of the Constitution, as any When we hold any communion with Foreign Powers, we man on this floor; and, in regard to those constructive put on this armour-we use the machinery of the United powers, so dangerous to the liberties of the country, and States' Government for this purpose; and with that ma- to the rights of the People of the sovereign States, he chine is connected the different State agents. The go- should be the last man to attempt to exercise the power verning power is not inherent in the Legislature of a State under such construction. But he thought the Constitution or Nation; but they are machines through which the real had nothing to do with the subject now under discussion. governing power, the will of the People, operates. They Where was there any violation of State rights in authoriz are their agents. As to the Territory, then, they must ing the Government to make this survey? Did they not either govern themselves, or they must look to some other do it every day, under an express appropriation, year after quarter for government, or they must have none. They year, without any of those fears about the Constitution? do not govern themselves, and the Constitution has pro- If the Government of the United States had not the power vided they shall be governed by the sovereign will of the of employing the Engineer Corps, to examine the state of People, as displayed in the national machinery, by this the coast, with a view to fortify the harbors, rivers, &c. to As regarded this improvement in the Territory, Mr. R. were the powers of the General Government? He should facilitate the commerce of the country, what, he asked, said it must always be a question of expediency; and be-vote in favor of this amendment, under the impression that lieving it to be so, he was prepared to vote, and not only it was right and proper that the Government should be inprepared, but he was eager to vote, to further the objects formed of the advantages which would result from making of that part of the bill which relates to the Territory of this communication, by the examination of enlightened Florida. But he could not, consistently with his present men; and when the proposition was brought forward to impressions, vote for that part which relates to the States make an appropriation to open any canal, within the limits of Mississippi, &c. If the amendment prevailed, he of a State, the assent of that State not being obtained, he should vote against the bill; and he thought it would have should vote against it. been most expedient, in many points of view, not to have brought forward this question, so far as it relates to the States in connection with the question, so far as it relates to the Territory.

General Government.

question being taken on the amendment, it was rejected
by the following vote:
The debate continued until four o'clock, when the

Findlay, Harrison, Hendricks, Johnston, of Lou. Kane,
For the Amendment-Messrs. Barton, Bouligny, Chase,
King, Marks, Noble, Robbins, Ruggles, Seymour, Tho-
mas, Williams-16.

Clayton, Cobb, Dickerson, Eaton, Edwards, Ellis, Hayne,
Holmes, Johnson, of Ken., Knight, Lloyd, Macon, Mills,
Against it-Messrs. Bell, Berrien, Branch, Chandler,
Randolph, Rowan, Sanford, Smith, Van Buren, VanDyke,
White, Willey, Woodbury-26.

The bill was then ordered to be engrossed for a third reading, without a division.

and of course with closed doors.
WEDNESDAY, FEBRUARY 15, 1826.
This day was principally spent on Executive business

THURSDAY, FEBRUARY 16, 1826.
This day was spent in the same manner as yesterday.

FRIDAY, FEBRUARY 17, 1826.
The same: and adjourned to Monday.

Mr. KANE, of Illinois, said this was a question he never had an opportunity of hearing discussed in Congress before; and he should not now rise to say one word, but for the intimation that there was no doubt but this question could be carried by a sufficient number of votes, connected with the further intimation, that most of the speaking on this subject had been made by those who expressed doubts on the constitutional question. He did not see that the constitutional question raised here, was essentially connected with the object of the bill. nothing in the word road or canal, which, ex vi termini, There was imported an object of internal improvement. Was a canal, proposed to be cut across the Isthmus of Florida, an object of internal improvement? Did not all the reasoning that had been employed on this subject, go to show, that its object was to protect commerce? And the bill, as proposed to be amended, had in view the further object of the further protection of commerce, by opening a communication to the Mississippi river. The amendment proposed to appropriate a certain sum to make an examination; and when that examination shall have been made, if the report should go to show that the object of this canal was only for the purpose of internal improvement, then would be the time to raise this objection. But, if the report went to show that the further object was to accomplish the protection of the commerce of the United States, then this question could not arise. If it went to show that it would be an immense saving to the Treasury of the Nation, and, moreover, afford protection to a greater degree than would be afforded to the commerce of the United States by cutting a canal, than by building a fort, he would ask why the constitutional question should, in that case, necessarily arise? He merely wished to give his reason why he should vote for the amendment proposed by the committee. He viewed the object of the bill as no more mittee to whom the subject had been referred, had beunconstitutional than those laws which provide for the sur-stowed on it the attention due to its importance; and Mr. HAYNE, in reporting this bill, said that the comvey of our own coast. Suppose the Engineers had re- though they deeply regretted the delay which had taken ported, that the best way of protecting the commerce of place in submitting the bill to the consideration of the North Carolina, was by cutting a canal along the coast, Senate, yet he could assure them that this had arisen unwould gentlemen say, this canal was not to be cut, because avoidably, from the great difficulty of arranging the decanals are used as the means of facilitating internal com-tails of a system so extremely complicated, and of such merce only? He thought not.

ceiving a few petitions, &c.
MONDAY, FEBRUARY 20, 1826.
The day was spent on Executive business, except re-

TUESDAY, FEBRUARY 21, 1826.
BANKRUPTCY.

to whom was referred a resolution to inquire into the ex-
pediency of establishing a uniform system of Bankruptcy,
Mr. HAYNE, of South Carolina, from the Committee
reported a bill to establish a uniform system of Bank-
ruptcy throughout the United States;" which was read,
and ordered to be printed.

109

FEB. 21-27, 1826.]

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immense magnitude. The Committee were fully aware that it was not possible to digest a plan which would be free from substantial objections, and it was altogether hopeless to attempt to conciliate in its favor universal approbation. The evils, however, resulting from the inefficient and contradictory laws now of force in the several States on this subject, were so severel felt;-such were the frauds to which they gave rise, and so great the injustice practised under them; that the committee were strongly impressed with the belief that some effectual remedy ought, at least, to be attempted.

The Committee, he said, had taken up the subject with a sincere desire effectually to secure the just rights of creditors, and, at the same time, to protect the honest and unfortunate debtor, from oppression. These were the leading objects of the whole bill. The Committee had not felt themselves authorized, in a subject of this nature, to indulge in speculation, or to adopt theoretical views. They had taken as their guides, the former Bankrupt Law of the United States, and the bill concerning Bankruptcy, which had passed the Senate in 1821, with the improvements and modifications that had either been suggested by the former experience of the country, or by the able men who had repeatedly, of late years, brought the subject to public view. The bill which passed the Senate in 1821, was, substantially, the same as that which was reported to the House of Representatives in 1820. It is well known that it had been revised and corrected by, and finally received the approbation of, some of the most profound lawyers and ablest statesmen this country has produced. Taking this bill as the basis, the committee, Mr. H. said, had carefully compared it with the provisions of the old Bankrupt law and the new British Act, and now submitted the result of their labors to the indulgent consideration of the Senate.

[SENATE.

the use of the Senate. [The bill is the longest ever re-
ported in Congress, on this subject, embracing no less
than ninety-four sections.]

WEDNESDAY, FEBRUARY 22, 1826.

After receiving some petitions, &c. the Senate went into the consideration of Executive business, and remained with closed doors till past five o'clock.

THURSDAY, FEBRUARY 23, 1826.
Spent in Executive business.

FRIDAY, FEBRUARY 24, 1826.
After spending some time on Executive business, the
Senate adjourned to Monday.

MONDAY, FEBRUARY 27, 1826.

The Senate met at 12 o'clock, and, after the Journal had been read

Mr. HAYNE, of South Carolina, rose, and said: It beAfter a faithful and unintercomes, Mr. President, my melancholy duty to announce to this House, that my respected colleague, the FATHER OF THE SENATE, is no more. rupted service in this body, of more than twenty-one years, he has fallen, in the fulness of his honors, and in the midst of his usefulness. Though he had lived to see almost every friend who had entered with him into Public life (and all with whom he served were his friends) successively retiring from the busy scene, or swept from the stage of existence-though he had for many years found himself the oldest Member of the Senate, yet he had not much passed the meridian of life, and we might have flatand usefulness was still before him. Mr. GAILLARD took tered ourselves with the hope that a long course of honor Mr. H. further stated, that it was a fortunate circum- his seat in the Senate on the 31st of January, 1805, and stance, and not a little remarkable, that the Bankrupt it is perhaps the highest tribute we could possibly pay to system which had been in operation in England ever his memory to state, that he was four times successively since the time of Henry the 8th, should have received, re-elected to his high trust, and retained to his last hour during the last year, a full revision-and that a complete the confidence of his fellow citizens. In 1810, (when he system of Bankruptcy, founded on an experience of three had been but five years a Member,) Mr. GAILLARD was hundred years, should have been there established in a elected PRESIDENT PRO TEMPORE of the Senate, to which single Act, providing for the repeal of no less than twen- office he was nine times most honorably chosen, having, ty-one statutes, and embracing within itself every provi- for a period of fourteen years, presided over the deliberasion which time and experience had shown to be necessa- tions of this Assembly. I am sensible that it is not admissary. Of the flood of light shed on the subject of Bank-sible, on an occasion like the present, to indulge myself ruptcy by this Act, the Committee have availed them-in a studied eulogium on the virtues of our departed friend; selves, and had incorporated into the present bill, so many and I deeply regret that the office of touching briefly on of the provisions of that act as appeared to them to be his character, had not fallen to the lot of one who could valuable, and suitable to the condition of the United have spoken from long experience, and in the eloquent States. Having thus explained the course which the language of an early and well-tried friendship. My percommittee had pursued on this subject, Mr. H. said he sonal acquaintance with my late colleague was comparawould only now add, that they had deemed it advisable tively of recent date. Since I have served with him, howto submit to the consideration of the Senate, whether, in ever, in this House, the mutual exchange of kind offices adopting a system of Bankruptcy chiefly applicable to has never been, for a moment, interrupted, even by those mercantile men, it would not be proper to provide for a unhappy differences of opinion which plant thorns in the system of voluntary Bankruptcy for the rest of the com- path of the politician, and often estrange the dearest munity. The committee, he said, were aware of the friends. Judging of his past course by what I have myself difficulties inseparable from this question-they know witnessed, and by the concurring testimony of his assothat the fate of former bills have depended, and that the ciates, I will not be accused of doing more than simple fate of this may depend, on the decision of the question, justice to the memory of our friend, when I say, that, dur whether the Bankrupt system shall be extended to per- ing a term of service altogether unexampled in this body, sons, other than traders; nor are they unacquainted with he conciliated universal esteem and confidence. In his the constitutional objections which have been raised private intercourse with the Members, his mildness and But it was in the against such an extension of the system. But the com- urbanity won all hearts. In fulfilling his duties as a Senamittee had, notwithstanding, deemed it advisable to re- tor, the solidity of his judgment and his dignified and unport the bill in the shape which would certainly be most ostentatious deportment, elicited the esteem and comacceptable-leaving it to the Senate to decide on the manded the respect of his associates. weight of the objections which may be urged against it. performance of the high duties of the PRESIDING OFFICER With these brief explanations of the views of the Com- of the Senate, (which he discharged for a longer period mittee, Mr. H. said he would ask leave to report the bill. than has fallen to the lot of any other man) that the conThis bill was read the first time by its title, and 600 spicuous traits of his character were most fully developed. additional copies thereof were ordered to be printed for The ease and fidelity with which he fulfilled these duties,

SENATE.]

Decease of Mr. Gaillard-Negro Slavery in South America.

112

MARCH 1, 1826.

memory of the Honorable JOHN GAILLARD, the Senate Resolved, That, as an additional mark of respect for the do now adjourn.

ance of the first resolution, were Messrs. HOLMES, BERThe committee of arrangements, appointed in pursuRIEN, RUGGLES, VAN DYKE, and FINDLAY.

TUESDAY, FEBRUARY 28, 1826.

-always arduous, and often of the most difficult and delicate nature-his perfect command of temper-exemplary cere desire of showing every mark of respect due to the Resolved, That the Members of the Senate, from a sinpatience-strict impartiality, and clear discernment-memory of the Honorable JOHN GAILLARD, deceased,, have never been surpassed, and seldom equalled. What- their late associate, will go into mourning for him for one ever might be the state of his health, no labor was too month by the usual mode of wearing crape round the left great for his industry, no privation too severe for his pa- arm. tience. So thorough was his acquaintance with Parliamentary forms, and especially with the practice of this House, and such was the confidence reposed in his justice, that his opinion on all questions of order was considered as a binding authority. Though Mr. GAILLARD was not in the habit of engaging in debate, yet, when it became necessary for him to explain the grounds of his decision, or to shed the lights of his experience on questions before the Senate, no man could express himself with more simplicity, perspicuity, or force. I know not how better to sum up the merits of the deceased, than in the words of my venerable friend, (Mr. Macon, whose eulogy is no common praise,) and who lately declared "that Mr. GAILLARD was designed by nature to preside over such an assembly as this"-thus assigning to him, as his appropriate sphere, a station of no common dignity, and duties of a most exalted nature. Such was the man whose loss we are this day called upon to deplore. On this occasion it becomes us to mourn; and I know, that, in paying the highest honors to his memory, we are giving utterance to the feelings of every Member of the Senate, by whom the recollection of the virtues of our deceased brother will be long and fondly cherished.

norable JOHN GAILLARD, a Member of this body, no legisThis being the day appointed for the funeral of the Holative business was transacted.

WEDNESDAY, MARCH 1, 1826.

what was with him a very unusual thing-not only to make Mr. RANDOLPH, of Va. rose, and said he wished to do a motion, but to make one asking information from the Executive branch of this Government. clamation purporting to have beeh issued by the celebrated General BOLIVAR. He had seen a prolearned with satisfaction, as far as regarded the fame and reputation of that distinguished individual-that that proHe had learned-and he had clamation had been disclaimed by the consular authority Mr. DICKERSON, of New Jersey, then rose, and said: lated to that particular part of the proclamation which here as a fabrication; at least a fabrication so far as it reThe honorable gentleman from South Carolina has spoken had attracted his attention. of the character and services of his late distinguished col- it; but although, said he, that proclamation may be a faleague, in a manner highly creditable to the feelings of his brication-and no doubt it is so-it is as unquestionablyMr. R. said he was glad of heart. The facts he has stated have already become a true as that proclamation is false, that the principles conportion of the history of this country. The services of his tained in that proclamation are the avowed principles of late colleague are to be found in almost every page of our the renowned individual to whom I refer; they are the statute books and our records, for the last twenty years. avowed principles of the Governments over which he exThere are other facts, however, connected with his cha- ercises almost unbounded sway; they are the avowed racter, for which his memory will be more cherished by principles of the People composing those States-if States his intimate friends, than even for his public services. His they may be called which States are none-and therefore urbanity, his uniform mildness of deportment in his inter- it is, said Mr. R. that I wish for some official information, course with his associates in this body, and while presiding-not to satisfy myself-not to delay any business that is, over our councils, we have all witnessed; but the innate goodness of his heart could only be known to those with whom he lived on terms of intimacy. It has been my good fortune, said Mr. D. to be associated with him, as an inmate in the same families, for the last seven sessions of to Congress, the President of the United States has intiIt is well known, said Mr. R. that in his public message Congress-in which time, I have never observed the least mated to us, and to the world, through us, that an invitaapproach to harshness or severity towards those with tion of a certain character has been given to him, and that whom he associated, or the slightest departure from those in consequence, ministers will be sent to the Congress rules, by which gentlemen ought to be governed, in their about to be assembled at Panama. He hoped that the intercourse with each other; but, on the contrary, the most Ministers, whoever they might be, would be of that chaundeviating observance of the forms and customs of polite-racter and description who would labor under none of ness, which give to social intercourse its greatest charm. For such a character, I could not but be inspired with sentiments of the most unfeigned attachment and respect. His society I have courted when he was in health-when in sickness, I have endeavored to soothe his moments of languor and distress; and I watched, with the most painful solicitude, the last ebbings of a life thus endeared to In the death of this distinguished individual, the country has lost an able and faithful servant-and I have lost a most valued friend-and I trust, that, while mourn ing over the loss of the Public, I have the indulgence of the Senate in thus deploring my own.

me.

Mr. DICKERSON then offered the following resolutions, which were successively and unanimously adopted: Resolved, That a committee be appointed to take order for superintending the funeral of the Honorable JOHN GAILLARD, deceased, which will take place at eleven o'clock to-morrow morning: that the Senate will attend the same, and that notice of this event be given to the House of Representatives.

or may be, before the Senate; I do not wish to wait for it; but official information that may satisfy the American People as to the true character of those States.

the odious and exploded prejudices, which revolted and repelled the fastidious Southern man from Africans-from associating as equals with them, or with People of African descent-that they may take their seat in Congress at Panama, beside the native African, their American descendants, the mixed breeds, the Indians, and the half breeds, without any offence or scandal at so motley a mixture. Mr. R. believed it was well understood as to the State-not the State in which this Congress is to be held, but in the immediate vicinage of the province where this Congress is to assemble-Guatemala-he believed it was considerThere is, said Mr. R. a great deal of African blood in old ed as much a black Republic at this time as Hayti itself. Spain-in the South of Spain-though not all negro blood-from the opposite coast of Barbary. There is a further deterioration-if a deterioration it be-in the Creole Spaniards, in all the Spanish and Portuguese possessions, but above all in Guatemala, the immediate adjacent province to Panama, and in Brazil. Now these things said Mr. R. which are of no sort of importance to some

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