H. of R.]

Amendment of the Constitution.-Birth Day of Washington.

[FEB. 21, 1826.

TUESDAY, FEBRUARY 21, 1826. WASHINGTON, was, a due attention to the discharge of their proper duties. We have been in session here a long AMENDMENT OF THE CONSTITUTION. time, said Mr. F., and if we look at the business we have Mr. POWELL offered the following resolution : transacted, it will be found that we have not done much, Resolved, That the Constitution ought to be so amend- nor well. We have adjourned over one day at least in ed, that, in the event of the election of the President of every week, and in some weeks two days and now, for the United States devolving on the House of Represent- the first time, the House was asked to adjourn over anoatives, as to provide that no Member of the House who ther day, to pay respect to the memory of General Washshall vote upon such election, shall be capable of receiv-ington. It was the first time, he believed, that it ever ening an appointment to any office under the Government tered into the head of any Member of Congress, that it of the United States, where the power of nomination is in was proper to pay respect to the birth-day of any man. He the President, for the term of three years thereafter, ex- hoped the motion would not prevail, to become a bad cept when the nation may be involved in war, in which precedent for the future. event, the foregoing disqualification shall not operate to prevent the appointment, or acceptance by any such member, of a commission in the army or navy of the United States.

Mr. HOUSTON said, with great deference to the gentleman from Georgia, his impressions were different from those which that gentleman had expressed; nor could he think the example of the success of this motion would Mr. POWELL, upon offering his amendment, observ- be in anywise pernicious. The State of Virginia, by her ed, that it was not his intention, at this time, to discuss Legislature, makes an exception of this day, in never the merits of the proposition he had offered, or any of transacting business on the twenty-second of February, the various propositions now before the committee, and in honor of the distinguished personage to whom he ununder discussion; and, unless his present intentions un-derstood the gentleman's motion to refer. In addition to derwent material alteration, he should not, at any future the general reason, which was sufficient for him, in favor period, intrude himself upon the attention of the commit- of the proposed adjournment, he added, that the Masonic tee upon this subject. Mr. P. observed, that it was due Fraternity, of which General Washington was, during his to himself and his feelings, in relation to the members of life, a distinguished member, wished to celebrate the day, the last Congress, to disclaim any, the most remote, idea in honor of the memory of the Father of his Country. that the House, or any of its members, in the exercise of On this occasion, they desired to have the use of this their high constitutional duty of electing a President, at Hall, as being more suited to their purpose than any other their last session, were influenced by any hope of office, in the City. These, he said, were the considerations or by any other unworthy motive. He had too high a which induced him to vote for the motion, and he did not sense of the character of the members of the last Congress, believe that any gentleman was acting out of the line of to believe such an event possible. It was in reference to his duty in supporting it. If the motion for adjournment the future, and the fears expressed by gentlemen, that he were dictated alone by the feelings of any individual, or had offered the resolution. The House would discover of the Members of this House, he should, perhaps, think that the resolution would only be adopted in the event of differently of it. But the Nation would participate in any the various plans already suggested, or which might be feeling which might be expressed by this House, on the suggested, to take the ultimate election from the House, subject in question, and approve the expression of it. being rejected by the House. While we were distributing constitutional power, taking from one, and giving to another, it might be well for us to show our willingness to submit to this self-denying provision, and place the members of this House beyond suspicion.

The resolution was then referred to a Committee of the

Whole.

BIRTH DAY OF WASHINGTON.

Mr. COCKE said it was not often that he made a motion to adjourn over; but when it was considered that tomorrow was the anniversary of the natal day of WASHINGTON, he thought it incumbent on the House to show their respect for the memory of that great man, by refraining from business on that day. He therefore moved, that, when the House adjourns, it adjourn to meet on Thursday, instead of to-morrow.

On this question the House divided, and it appeared that a quorum had not voted-there being Ayes 56, Noes 49. [Had there been two more persons counted, on either side, the motion would have been carried.]

During the division, Mr. FORSYTH came in, and, previous to a second count, inquired what was the ground of the motion to adjourn over to-morrow.

Mr. COCKE repeated his reason. To-morrow, he said, is the birth-day of the Father of his Country-of the man to whom this People owed more, for his public services and virtues, than to any other individual. He, for one, was disposed to manifest his respect for that day, by adjourning over.

Mr. CAMPBELL observed, that, whether, if the House should adjourn, the celebration in this Hall, would or would not take place, or whether it would be creditable or disgraceful, was a matter of indifference with him, in voting on this motion. He was opposed to the adjournment on other grounds. The House had adjourned over already very often. He believed they had set but on one Saturday since the Session commenced; and should they adjourn on this occasion, it would be construed into a precedent for future sessions, when the same anniversary should come round. He did not wish to reflect, in the slightest manner, on the motives which might govern other gentlemen; but, in himself, he would be departing from what he viewed as the principles of honesty, to vote for the adjournment. He presumed the members would expect to receive their pay as usual, and he thought they ought to remember that they were sent to this place to legislate, and were paid for so doing. Hitherto the House had not been very diligent. He hoped they would be more so during the residue of the session, and not prolong it unnecessarily, even one day. Having these views, and wishing to record his vote in support of them, he asked for the Yeas and Nays.

The House sustained the call, and they were ordered accordingly.

Mr. BARNEY wished to say a word in reply to the gentleman from Ohio. He entirely agreed with the gentleman in the sentiment that it was improper for the House too frequently to adjourn without doing business; but as to the question whether the Hall was likely to be disgrac Mr. FORSYTH said, there was not in this House, or in ed or not, by the celebration contemplated by our Mathis community, a man who entertained a deeper rever-sonic Brethren, give me leave to tell that gentleman, that ence for the memory of the great man referred to, than he did. But, it appeared to him, the most respectful tribute the House could pay to the memory of General

nothing which proceeded from Masons, as such, could possibly disgrace it. If the gentleman wished to know the secrets of Masonry, he must study the Bible: for there

FEB. 21, 1826.]

Florida Canal.-Pre-emption Rights in Florida.

[H. of R.

of the gentleman who was entitled to the floor, who had consented that a measure of such immediate necessity should have precedence.

The question being then taken on the postponement, it was decided in the affirmative-Ayes 78, Noes 55. After reading the bill,

was no precept of Christianity which Masonry did not enjoin and inculcate. And, so far from this Hall being degraded by the celebration, if any thing could be said to honor it still more than the presence of so many distinguished men, it was such a celebration as that now contemplated-in commemoration of one, who, while he was the Father of his Country, was, at the same time, the Mr. WHITE said, he was so sensible of the obligation great Patriarchal Chief of the Masonic Fraternity-a Ma- under which he should labor, for the courtesy and indulson of the first order, and of the most pure and unblemish-gence accorded to him by the House, that he would not ed character. abuse that kindness by occupying any portion of its time, as he had intended to do, in discussion. He believed every gentleman was prepared to vote on the subject; and, as it had undergone an enlightened examination in the Senate, he hoped the committee would rise and report the bill without amendment.

Mr. CAMPBELL replied, that he did not intend to be dragged into a dispute on the character or tendency of Masonry; but he would take upon him, thus boldly, to say, that he had seen men who were very good Masons, who were, at the same time, avowed deists. For himself, he professed to be, in some degree, governed by the principles of the Bible, and he was taught by it that it was highly improper to receive a recompense and not to perform the duty for which it was given. If he hired a man who neglected to do the duty he undertook, he should be very loth to pay him his wages. He did not so much as imagine, that any disgrace would be cast upon the Hall, by the celebration of the Masons. He presumed the intention was, to have an oration delivered, which he did not doubt would be characterized by eloquence and ability; but, he thought, by adjourning over, the Members of this House would not meet the views of their constituents. If they proceeded in this manner, he could see no termination to the session.

Mr. LITTLE, expressing his regret at so unprofitable a debate, moved to lay the resolution on the table.

Mr. WEBSTER suggested that it would be desirable the bill should distinctly state the extent of the survey, so as to include the harbors in the vicinity of the two extremities of the Canal.

On this point, some farther conversation took place, between Messrs. HEMPHILL, TATTNALL, WHITE, and DRAYTON-when the Committee rose, and reported the bill without amendment, and it was ordered to a third reading at this time: whereupon the bill was read a third time, passed, and returned to the Senate.

PRE-EMPTION RIGHTS IN FLORIDA.

The bill giving the right of pre-emption in the purchase of lands, to certain settlers in the Territory of Florida, was taken up-Mr. FORSYTH in the Chair. The bill having been read

The question was taken on laying Mr. COCKE'S mo- Mr. WHITE, of Florida, said, if this were a subject tion on the table, and decided in the affirmative, Ayes 85, introduced for the first time to the consideration of ConNoes 52. So the motion to adjourn was, in effect, re-gress, he should approach it with some embarrassment, jected.

FLORIDA CANAL.

not for the want of confidence in its justice, but, at the introduction of a new system of policy in the disposition of the public lands; and from a reluctance, which every Mr. WHITE, of Florida, moved to postpone all the or- one must feel, in proposing innovations on established law ders of the day which precede the bill from the Senate, to and usage. This is, however, no new proposition in the provide for the survey of a canal route from the Atlantic to || legislation of the country-it is coeval with the origin of the Gulf of Florida. He would briefly state the reasons our Government; was practised, previously, by the forwhich induced him to ask the favor of the House, at a time mer Sovereign, in all the Colonies; is identified with our when an important question, interesting to the whole nation, legislative history, and has been pursued, with unbroken engrossed its attention. The season was now far advanced, continuity, with various, but unessential modifications, and, unless this bill was speedily passed, it will be impossi- from the year 1788 to the present period. He did not ble to accomplish the survey, and make the estimates pro- perceive any thing to justify a departure from it, at this posed by the bill, before the Summer or Fall months, when time, either in the condition of the Government or of the it will not only be too unpleasant, but hazardous for the En-inhabitants of Florida. If there was any thing erroneous gineers to execute the work. If it is not done before June, in principle, defective in practice, or injurious in its conit cannot be commenced before November, which will not sequences, it ought and would have been discovered and allow time enough to complete the work, and make a report exposed long since; the fact, however, of its having reto the next session of Congress. He did not wish to be im-ceived the sanction of all the Administrations for upwards portunate, deeply impressed as he was with the pressing of thirty years, and of almost every successive Congress, importance and magnitude of the subject, involving consi- is an undoubted argument in favor of its justice and poliderations of such political and commercial interest, and cy; and it would be admitting the last sister into the so immediately connected with the trade, security, and Union most ungraciously, to deny her rights which the defence, of the nation. The bill proposes a survey only munificent legislation of the nation has conferred on evefor the purpose of obtaining information in which every ry other new State and Territory. Sir, I should not like section of the country is deeply interested. If its passage to be the messenger of such unwelcome intelligence to a is delayed until the debate in regard to the amendments People proud to acknowledge the repeated evidences of of the Constitution should be concluded, this important your liberal and expanded policy; and who would not measure will be postponed two years, in which time, ac-like to recur to so signal an instance of a departure from cording to estimate, the property annually lost on those precedent, so inconsistent with the liberal spirit that has coasts, will amount to one million and a half of dollars, characterized your legislation, and so blighting to their besides the waste of human lives, unavoidably consequent upon shipwreck. He was not aware that any gentleman would oppose the bill, or that there was any desire to discuss it, he believed that the House had given such consideration to the subject as would justify their acting immediately upon it. He, therefore, hoped he would be indulged with another of the many favors he was proud to acknowledge from the House, by a postponement of the orders of the day, to take up this subject. He was encouraged to make this motion, by the kind permission

hopes and prospects. The policy of all the Governments on this side of the Atlantic, has been to extend their settlements as widely as possible, to attach the inhabitants to the country and their Government, by giving them an actual share in the real property, that they might not, in times of difficulty, return the answer of the Roman People on Mount Aventine to the Ambassadors of the Senate. Pioneers and adventurers of new Colonies and settlements, formed under so many difficulties and privations, at the sacrifice of so many comforts, and contributing so

change of Government, the present inhabitants travelled from the Southern States several hundred miles through the Creek Nation, or around it, through forests, cutting roads and constructing bridges, swimming creeks and rivers, and, after their arrival, for the first two or three years, were under the necessity of purchasing provisions at three or four times the amount they now cost.

[H. of R.

By the passage of this law, you save from ruin an industrious, enterprising class of men, who have confided in your munificence, from a knowledge of your long continued legislation on the same subject. It is also important in a political point of view. The lands on our borders and frontiers should be occupied by men who are competent and willing to repel the first invasion of our country. Should this class be driven from the lands, and they were succeeded by the quarters of Southern planters and speculators, what will be our condition in time of war? It is important that small planters should be encouraged, and a dense and efficient population invited and encou raged, at the limits of the Confederacy, devoted to the Government, by a grateful recollection of its favors. One successful sortie of an enemy, and the occupation of a favorable point, might cost the Government more than all the lands in a district would sell for to remove him.

the means of the honest settler, who is sacrificed, and the public Treasury augmented a few cents. It is to prevent this vile bartering, or the consequent injuries to those who will not engage in it, that this law is desirable. Such were the excesses to which these practices were carried in the Southern part of Alabama, that their Courts were crowded with suits upon notes of this description. InIs it equitable or proper, that men who have encounter-stances equally distressing, have occurred, and will again ed all these difficulties, submitted to these dangers and occur, in Florida. privations, and furnished these facilities for others to get into the country, should be put into equal competition with those who have made no expenditures, and availed themselves of the conveniences of their more intrepid pioneers? Is it just, sir, that one who has, by improving the country, increased the value of all the contiguous lands, and whose labor alone has given additional value to the spot on which he has located his family, shall be expelled, without any equivalent, from his home, by affording to the ruthless speculator, an opportunity to buy it over him? Sir, some have pretended to doubt the policy of these laws from the beginning. I would inquire of such, how would you ever sell those frontier lands without roads and settlers? If any gentleman supposes that, upon an enlarged view of this subject, the United States will lose by the passage of this law, he will be greatly mistaken, unless they avail themselves of the labor of those adventurous citizens, without a fair equivalent. The value above the Government price is derived from their labor, and the means they have furnished in penetrating the country. See the returns of the sales in Tallahassee; refer to the price of lands in the States; when it sells for twelve dollars per acre, ten of that is derived from the improvement, because land in its vacant state requires that sum to improve it. I do not hesitate to believe, that the land, in the state in which these settlers found it, was not worth more than the sum they are required to pay by this law. It is a sound principle, in politics and ethics, that he who benefits the public, is entitled to his reward. That the country has been greatly improved by the labors of these individuals, cannot be denied; and what will be their reward if this law does not pass? Their means of purchasing have been exhausted in the improvements of the country, and the high price of provisions; and the inevitable consequence will be, that they will be turned from their houses, forced from their plantations, by the rapacity of the heartless speculator, with but an inconsiderable augmentation to the Treasury. You cannot conceive, sir, the distress that it will occasion. They have, on account of the causes enumerated, but moderate means. They cannot enter the lists of competition with those who are attracted by their improvements, the result of toil and labor, in which they had no participation, and for which they feel no sympathy.

Mr. W. could not, in justice to the subject, dispense with the necessity of informing the House how these things were managed. A sale of public land is advertised -the sharpers of the adjoining States, strengthened by the aids of usurers and banks, club together their funds flock to the country like vultures, at "death's prophetic knell," traverse all the roads made by the honest settlers; survey the whole district; take notes of every well-improved place; ascertain whether there is a spot endeared to a planter, on account of its containing the bones of a wife, child, or friend; and when the sale begins, the planters are informed privately, that, unless they pay so much to this "holy alliance," their farms and houses will be taken from them. The unpleasant alternative is-presented, either to tender the bribe, or abandon the possession. If it is given either in money or in bond, all others are forbidden to bid for the land, and it is purchased at the price proposed in this bill, from the United States, and perhaps the same sum to the company. Should it not be given, the land is purchased for a few dollars more than VOL. II.-91

In every view of the subject, precedent, good faith, and policy, in my humble judgment, this law ought to pass. Mr. WHIPPLE said, he had some doubts as to the propriety of this mode of legislation. He did not, however, rise for the purpose of opposing the bill; but he objected generally to the extension of the pre-emption system. It would be recollected that provision had already been made, by donation, for all those who settled in Florida up to the time of its cession; but the present bill goes farther, and grants to those who settled on the public lands after the cession, the privilege of purchasing at the minimum price for a period of four years. He thought this course was impolitic, and that this right of pre-emption ought to be restricted; because its practical tendency was to encourage the intrusion of unauthorized settlers on our public lands. Those settlers were in the habit of selecting the very best of the land, and of fixing themselves upon the soil, and when afterwards the lands were exposed for sale, they say it is unjust to eject us; we have made improvements; and they insist upon having the best and the richest of the land at the very lowest price the law will allow. For himself, he thought that this was a very questionable policy; but if the House were inclined to sustain it, he should make no opposition.

Mr. OWEN observed, that this was a proposition that certainly could not stand in need of debate. It was not at this time of day to be settled, whether this Government will or will not pursue the course of policy to which the gentleman had alluded. It had already been adopted and long pursued. This very bill, after being last year sustained both by the Committee on the Public Lands, and by the Committee on Private Land Claims, passed the House. The policy was adopted long since, and the doctrine advanced by the member from New Hampshire might almost be said to be now universally exploded. The donation lands to which the gentleman had alluded, were given to the former settlers in Florida on a principle of individual right. If they had not been conferred by this Government, the settlers would have obtained a title from the Government under which they formerly lived; it was, therefore, only an act of justice, and not of liberality. But, on the question of policy, he held an opinion directly the reverse of that which had been expressed by the gentleman from New Hampshire. He thought it was our true policy to grant to those who settled on the lands the right of pre-emption. It was their labor which gave value to the lands; without it they would have had none. He

H. of R.]

Washington's Birth Day.-Congress of Panama.

[FEB. 22, 1826.

Mr. COOK was about to address the House, whenThe SPEAKER suggested, that, as there was no opposition to the bill, the debate was consuming time to no

Whereupon, the question was taken upon ordering the bill to be engrossed for a third reading, and decided in the affirmative. And the House adjourned.

WEDNESDAY, FEBRUARY 22, 1826.

The House having come to order

considered it wise to encourage those who might, with
propriety, be termed the pioneers of a more dense popu-
lation. It was they who, by braving the dangers and
overcoming the difficulties of an unsettled country, open-purpose.
ed the way for the introduction of capital and all the im-
provements of civilized existence. As to what the gen-
tleman had said of their selecting the best points, even
admitting it to be true, their number was comparatively
few, and abundance of the best land would still be left.
But, from his own experience, as having been himself one
of these pioneers, he was disposed to believe that the fact
was the very reverse of this. It was true, that new set-
tlers, if intelligent, selected those points which invited
most advantages for a new settler; but, as they had to
choose them in such a situation only as would admit of
their sustaining themselves till they could make further
progress in improvement, they were not at liberty to
range through the whole of a body of public lands, and
pick out those portions only which contained the most
fertile soil. These settlers were, for the most part, alrca-
dy drained of all the money they had, by payments into
the public Treasury. Would gentlemen wish to deprive
them of all their earnings? In Alabama, the proceeds of
what they paid into the Treasury, was equal to the whole
amount of staple commodities they had hitherto been able
to raise. They had literally been laboring for the Go-
vernment, and the same state of things existed in Florida.
Mr. COCKE said, that his vote on this occasion would
be regulated by one consideration alone. If it was pro-
posed to extend a greater boon to the settlers in Florida
than had been bestowed on those in other States, he
should be opposed to the bill; if not, he should vote in
its favor, unless some reason could be given.

Mr. WHIPPLE replied, that the extent of time during which this right of pre-emption was given to settlers in other Territories, was greater than that now proposed. He wished to correct one misconception of the gentleman from Alabama. It was true that the bill had been reported to the House at the last session, but the Chairman of the Committee on the Public Lands, and two other members of that committee, were opposed to the principle on which it was founded. As to the donation rights in Florida, the gentleman was also mistaken. Commissioners were appointed, to whom the claims of settlers were to be committed; and, where the evidence in their favor was incomplete, if the Commissioners thought that the claim would be confirmed by the Spanish Government, they reported in favor of them. Pre-emption rights went on a different ground. They were to be given to persons who had settled since the cession of the Territory was openly known, and who knew that the land on which they settled was public property. Still, however, as the Government of the United Staes had seen fit to grant such rights to others, he should not oppose their doing so in the present instance.

Mr. MITCHELL, of Tennessee, moved to dispense with the reading of the Journal of yesterday. This, said Mr. M., is the 22d of February! A day held as sacred by the People of these United States, as that which commemorates the advent of the Son of God! For it marks the birth of one who was the most perfect of all beings that ever appeared in the form of humanity, as a mere man. The People will applaud us for dispensing, on this day, with the business of legislation. Let us adjourn from this House, and let us sociably meet and converse of those great and important consequences which have followed the actions of that exalted man, the most virtuous that ever appeared on the page of history. Sir, I did imagine, when the resolution for adjourning over was yesterday introduced by my colleague, that it was not possible it could meet with the slightest opposition. I did believe it was so coincident with the feelings of every American heart, that there was not a gentleman on this floor who could be found to say a word in objection, but that the proposal would be hailed universally as worthy of instantaneous adoption. I did hope, sir, that the words and acts of this House would have done more to convince the world of what we feel on this occasion, than those frothy compliments which we have been in the habit of lavishing on the Father of his Country: and still hoping that we shall consent to adjourn, I move you, at present, that the reading of the Journal be dispensed with.

The SPEAKER putting the question of consideration, the House refused to consider the motion.

Mr. MITCHELL then moved an adjournment; and the question being taken, it was decided in the negative— ayes 53, noes 79.

CONGRESS OF PANAMA.

Mr. McDUFFIE rose, to make an inquiry of the Chairman of the Committee on Foreign Relations. It would be recollected that a resolution had been moved by his col league, (Mr. HAMILTON) calling on the President of the United States to communicate to the House, the corres pondence respecting an invitation to send Commissioners to attend the Congress at Panama, and that the House, after some modifications, had passed the resolution, and communicated it to the President. As no answer had yet Mr. SCOTT said, that if this were to be the beginning been received, he wished to ask of the Chairman of the of the pre-emption system, it was very possible that the Committee of Foreign Relations, (as the only organ of the Committee on the Public Lands would not be in favor of House whose duty led him to hold immediate communicaits adoption. But, when the right now to be given was tion with the Department of State, whether he could incompared with that which had already been given to form the House whether any reply at all is to be expect others, he saw no reason why it should be refused to ed; and, if not, what are the reasons which have induced the settlers in Florida. In Missouri, the right of pre-emp-the Executive to disregard the call of the House. tion originated in 1800, and he did not know a single in- Mr. FORSYTH (the Chairman of the Committee on stance where it had been refused. In Michigan, in Missis- Foreign Relations) said he had no information to give the sippi, and in Arkansas, the right of pre-emption was ex-gentleman on the subject to which his inquiry related. tended to ten years; but this bill gives it for five years only; and although it is admitted that they made their settlements contrary to the acts of 1804 and 1807, forbidding settlements on the public lands, yet the House had so far superseded the law as to give pre-emption rights to those who had violated it, and there was no reason why a difference should be made between settlers in one territory and those in another.

He had not considered it his duty to make any inquiry on the subject, and he had not made any. If the gentleman from South Carolina had any curiosity on the subject, he suggested to him the propriety of his applying to those st whose instance the resolution, calling for the information, was adopted by this House.

Mr. BOON offered the following:

Resolved, That the Constitution of the United States