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SENATE.]

Names of Pensioners.-Northern Boundary of Ohio.

[JUNE 5, 1834.

tion, and, if it were complied with, the Senate would that I shall be able to show to the Senate and to the counvery speedily be able to discover if any frauds had been try, that Ohio has no well-founded claim to take from practised in relation to the pension fund. The possession Michigan that part of her territory demanded by the bill of the documents which he had called for, would alone on your table. Michigan was put in possession of this enable them to do this; he therefore adhered to his prop- tract of country many years ago, by the Congress of the osition. It was very desirable that the information called United States. She has organized her counties, erected for should be obtained, as the only efficient remedy which her court-houses and other public buildings, and made all could be applied was the publication of that information her local arrangements over the territory now in dispute; in an authentic form, at the different court-houses. He and it would be unjust to take it from her. I will show must be permitted, however, to remark, that the question what the action of Congress has been at various periods, of publication was not now before the Senate; the pres- by reading the laws and resolutions upon that subject. ent call was, as he had before said, only for information. If I could have consulted my own wishes, I would have He could not help thinking though, the object was worth deferred the settlement of this question of boundary bethe expense. This (the expense) would not be so great tween the State of Ohio and the Michigan Territory, until either, as was supposed by the honorable Senator from Michigan had been admitted into the Union as an inde Georgia. He (Mr. P.) was prepared to say, that if the pendent State, and had an opportunity of being reprework contained 40,000 names, 10,000 copies of it might sented on this floor by two of her own citizens. But, be printed for $4,000; not more than 2,000 copies, how-since both the Legislature and the delegation in Congress ever, would be required for the purposes he had desig- from Ohio, are pressing this question upon us, and benated. He would go more at large into this point, but lieving it within the competency of Congress to settle it, he repeated that the question of printing and distribution hope that we shall decide the dispute with an eye to the was not now under consideration; the present call was dispensation of equal justice between the parties, and put for information, and all, he believed, were willing to ad-it at rest forever.

mit that information was highly necessary in connexion I contend, said Mr. T., that Congress, the guardian of with the subject. He would not have introduced this the Territories, had the power to divide that part of the proposition at all, if the expenses of the pension fund had Northwestern Territory that lies north of a line due east been, in the slightest degree, diminished; but instead of and west through the southern bend or extreme of lake that, they were increasing at the rate of 23 per cent. Michigan, into one or two States, or to attach it to any yearly. Difficulties were accumulating upon their hands, other State, as the public interest might require; and in and it was highly requisite that the subject should be in the exercise of her sound discretion over that Territory, quired into. After information had been obtained, the Congress did extend the State of Indiana ten miles, and action of a committee might become necessary, and he the State of Illinois half a degree north of that line. This should not then hesitate to call for it. Mr. P. concluded was done because the public convenience required that it by expressing his intention, at the proper time, to intro- should be so attached, to give these States harbors on the duce a resolution relative to the printing and distribution lakes, and the navigation of them also. of the information for which he had called.

The State of Virginia, in 1786, modified her act of cesMr. BELL made a few remarks in reply to the state-sion, to give Congress this discretionary power; and that ment made the other day by the Senator from South Car-Congress possesses the power cannot be doubted. olina, [Mr. PRESTON,] that the duration of human life was In the Senate, the sovereign States are equally reprelonger in the South than in the North. Mr. B. contend-sented; the least State has as great a representation here ed, that, notwithstanding the appearances, the contrary as the largest. On this body the weaker States, therewas the case. fore, must rely for protection against the encroachments of their more powerful neighbors; and, relying on the justice of the Senate, they need not fear the result.

Mr. EWING moved to lay the resolution on the table, for the purpose of proceeding to the unfinished business. Mr. PRESTON (Mr. EwING's motion being withdrawn) said, he wished for no further discussion; but he would make an explanation. The gentleman [Mr. BELL] had said, people lived longer in New Hampshire than in South Carolina. Mr. P. congratulated him, if it was so; but when he (Mr. P.) mooted the question of longevity, he spoke of extreme longevity; and there were 14 persons in South Carolina above 100 years old, and only 3 in New Hampshire. Mr. P. thought the resolution had already lain too long on the table.

Mr. FORSYTH moved to refer it to the Judiciary Committee; which was negatived by a vote of 18 to 12. The resolution was then adopted.

NORTHERN BOUNDARY OF OHIO.

Michigan, with a population of between 50,000 and 60,000 souls, has no voice on this floor; she has, it is true, a delegate in the other House, with a right to debate but not to vote in settling questions where she is interested. Ohio has a population of more than a million of souls, with two Senators here and nineteen Representatives in the other House of Congress. This is fearful odds arrayed against the Territory, and demanding of Congress to reduce it, by adding to the great State of Ohio, already too powerful for the peace of her less powerful neighbors; but she trusts her case to the justice of the Senate, and

need not dread the decision.

I concur in that part of the report made by the honorable chairman of the Judiciary Committee, that asserts the

The bill establishing the northern boundary line of the Power of Congress to settle this question. I contend that State of Ohio, was taken up.

Mr. POINDEXTER moved that the bill be laid upon the table, and male the special order of the day for Thurs. day next. This motion having been withdrawnMr. CLAYTON, who reported the bill, rose in

nation of its details.

this is not wholly a question of law, but also a question of political expediency, and that it is neither expedient nor Proper to extend the jurisdiction of Ohio north of a line drawn due east from the southern extreme of lake Michiexplain behalf of the people of Michigan, as being uncalled for gan to lake Erie, and believing this, I protest against it, by the public interest, inexpedient, and unjust. Mr. EWING spoke at length in favor of the bill. Mr. TIPTON rose and addressed the Chair as follows: read the second section of an act of Congress, approved To satisfy the Senate that the law is against Ohio, I will Mr. President: I confess that I was not a little surprised 30th April, 1802, entitled "An act to enable the people to hear the honorable Senator from Ohio say that Michi- of the eastern division of the territory northwest of the gan had no rights here. I contend that she has rights, river Ohio, to form a constitution and State government, and regret that those rights have not an abler advocate on this floor than I am. My object in rising, is to say a few and for the admission of such State into the Union on an words against the passage of this bill, and I flatter myself equal footing with the original States." It is as follows:

JUNE 5, 1834.]

Northern Boundary of Ohio.

[SENATE.

"That the said State shall consist of all the territory marcation can be made to distinguish this line; nor is it at included within the following bounds, to wit: Bounded on this day so distinctly known, that we can determine whethe east by the Pennsylvania line, on the south by the ther the line drawn east from lake Michigan will intersect Ohio river, to the mouth of the great Miami river, on the the Canada line or not. Some affirm that it does-others west by the line drawn due north from the mouth of the doubt it. great Miami aforesaid, and on the north by an east and west line drawn through the southerly extreme of lake Michigan, running east, after intersecting the due north line aforesaid from the mouth of the great Miami, until it shall intersect lake Erie or the territorial line, and thence with the same through lake Erie to the Pennsylvania line aforesaid: provided, that Congress shall be at liberty at any time hereafter, either to attach all the territory lying east of the line to be drawn due north from the mouth of the Miami aforesaid to the territorial line, and north of an east and west line drawn through the southerly extreme "Mr. Randolph, from the committee to which was reof lake Michigan, running east as aforesaid to lake Erie, ferred a letter from Edward Tiffin, president of the conto the aforesaid State, or dispose of it otherwise, in convention of the State of Ohio, and a letter from Thomas formity to the fifth article of compact between the origi- Worthington, special agent of the said State, enclosing nal States and the people and States to be formed in the the constitution thereof, together with sundry propositions territory northwest of the river Ohio." in addition to, and in modification of those contained in

The constitution of Ohio was transmitted to the seat of Government by Mr. Worthington, who was appointed special agent for that purpose; he had been a member of the convention that formed the constitution, was one of her first Senators in Congress, and afterwards Governor of that State. The constitution was referred, in the House of Representatives, to a committee, of which Mr. Randolph, of Virginia, was chairman. This committee was directed to examine it, and report their opinion thereon, to the House. It was as follows:

By this law Congress reserved the right either to attach the act entitled An act to enable the people of the eastthis territory to the State of Ohio, or to make such other ern division of the territory northwest of the river Ohio disposition of it as the public interest may require. All to form a constitution and State government, and for the the people living within the limits prescribed by this act admission of such State into the Union on an equal footwere authorized to form for themselves a constitution and ing with the original States, and for other purposes,' made State government. No one living beyond the bounds the following report:

prescribed by this law had a right to take part in forming "The provision contained in the sixth section of the a constitution for Ohio. The people residing in one por- seventh article of the constitution of the State of Ohio, retion of this country, could not form a constitution for those specting the northern boundary of that State, depending residing elsewhere, nor could a territory, not included on a fact not yet ascertained, and not being submitted in within the limits laid down by this act, be embraced with- the shape of the other propositions from the convention in the State of Ohio, without the assent of Congress. Hear to Congress, the committee have thought it unnecessary what the Ohio convention said upon this subject. Sixth to take it at this time into consideration." section seventh article constitution of Ohio:

Mr. Randolph's report proves that the proposition made "That the limits and boundaries of this State be ascer by the Ohio convention to embrace more territory within tained, it is declared that they are as hereafter mentioned; the limits of that State, was not sanctioned by the Conthat is to say: bounded on the east by the Pennsylvania gress of that day; and that was the proper time to attach line; on the south by the Ohio river, to the mouth of the this territory, if ever it ought to have been done. The great Miami river; on the west, by the line drawn due country was then a wilderness. Michigan, as a Territory, north from the mouth of the great Miami aforesaid; and did not exist. The whole Northwestern Territory then inon the north, by an east and west line drawn through the cluded it, and being at the disposal of Congress, Michigan southerly extreme of lake Michigan, running east, after was stricken off from it. But the case is different now. intersecting the due north line aforesaid from the mouth The territorial government of Michigan has been organof the great Miami, until it shall intersect lake Erie or the ized; she has, in legal phrase, been put in possession of territorial line, and thence with the same through lake the disputed territory by the Congress of the United States, Erie to the Pennsylvania line aforesaid: provided always, and has been exercising jurisdiction and acts of ownerand it is hereby fully understood and declared by this con- ship over it ever since the late war, a period of near vention, that if the southerly bend or extreme of lake twenty years. Michigan should extend so far south, that a line drawn Mr. Worthington, one of the first Senators in Congress due east from it should not intersect lake Erie, or if it from Ohio, presented to the Senate the petition of Joseph should intersect the said lake Erie east of the mouth of Harrison and others, inhabitants of the northern portion the Miami river of the lake, then, and in that case, with of the Northwestern Territory, praying Congress to dithe assent of the Congress of the United States, the north-vide that territory and organize Michigan. Their petition ern boundary of this State shall be established by, and was referred to a committee, of which Mr. Worthington extending to a direct line, running from the southern ex- was chairman. The committee reported a bill to organize tremity of lake Michigan to the most northerly cape of Michigan, and to give the assent of Congress to the propthe Miami bay, after intersecting the due north line from osition contained in the sixth section of the seventh artithe mouth of the great Miami river as aforesaid, thence cle of the constitution of Ohio. This bill was amended by northeast to the territorial line, and by the said territorial striking out all that related to giving the assent of Conline to the Pennsylvania line." gress to that proposition of the Ohio constitution.

I hope the Senate will bear in mind, that the line to be The bill, thus amended, became a law on the 11th of drawn east from the southern bend or extreme of lake February, 1805, organizing the Michigan Territory, and Michigan to lake Erie or to the territorial line of the establishing, as its southern boundary, a line drawn due United States, was the basis for the northern boundary of east from the southern bend of lake Michigan to lake Ohio. The southern bend of lake Michigan was the per- Erie, agreeably to the provisions of the act of Congress manent controlling point to govern in establishing the line of the 30th of April, 1802, admitting Ohio into the Union. of demarcation between Ohio and the State to be formed Could there be stronger evidence that the Congress of north of it. The Canada or territorial line of the United that day did not deem it expedient to give Ohio what she States was a collateral, not material point. It is immate- was then and still is claiming? And in the further derial for all practical purposes, whether the northern boun-velopments of the advantages of the country, no new dary of Ohio intersects the Canada line or not. It being reason for granting her request has presented itself. an open space of water in lake Erie, no permanent de- Again: Let us see what Mr. Morrow, the first Repre

SENATE.]

Northern Boundary of Ohio.

[JUNE 5, 1834.

sentative in Congress from Ohio, said upon this subject. same extends due east from the western boundary of the I find that he thought the assent of Congress was neces- State of Ohio, be, and remain, the established boundary sary to the proposition contained in the sixth section of between the said State and the Michigan Territory." the seventh article of the constitution of Ohio. This resolution was referred to the Committee on Pubrow introduced into the House of Representatives, in the lic Lands, of which Mr. Anderson, of Kentucky, was session of 1811-12, the following: chairman; and after being discussed before the committee

Mr. Mor

"Resolved, That a committee be appointed to inquire by the delegate from the Territory, and the members from into the expediency of confirming the northern boundary Ohio, it was reported to the House by Mr. Anderson withof the State of Ohio, as designated by the constitution of out amendment, and it is believed would have passed, that State, and of providing by law for the actual survey but for want of time before the close of the session of of the western boundary line of the said State, and that Congress. they report by bill or otherwise."

Here, sir, was a distinct proposition to Congress to establish the line between Ohio and Michigan, agreeably to the proposition in the constitution of Ohio. And here, again, Ohio was met by a denial of her request. A law passed, not calculated to suit the views and wishes of Mr. Morrow, of which I will read a section. It was passed on the 20th of May, 1812:

The same subject has been frequently urged upon the attention of Congress by Mr. Beecher, Mr. Vinton, and now by the honorable Senator, [Mr. EWING,] asking us to do what Congress has refused for thirty years. I would ask, is it just for us to strike from Michigan four or five hundred square miles of territory, over which she has exercised jurisdiction for many years, and thereby reduce three of her most respectable counties, both as to territory and population, Monroe, Lenawee, and Hillsdale; thereby lessening her prospects of being admitted into the Union for years to come?

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surveyor general, under the direction of the President of the United States be, and he is hereby, au- A line drawn due east from the southern bend of lake thorized and required (as soon as the consent of the In- Michigan to lake Erie, crosses the Maumee river about dians can be obtained) to cause to be surveyed, marked, eight miles south of the north cape of the Maumee bay, and designated, so much of the western and northern and about three miles from the foot of the rapids of this boundaries of the State of Ohio, which have not already river. At the foot of the rapids, on the west side of the been ascertained, as divides said State from the Territories river, is situate the town of Maumee. On the east side, of Indiana and Michigan, agreeably to the boundaries es- and nearly opposite, is Perrysburg. At the former place, tablished by the act entitled 'An act to enable the people the United States engineers have located the termination of the eastern division of the territory northwest of the river of the Wabash and Erie canal, and to this point vessels Ohio to form a constitution and State government, and navigating the lakes can ascend. Here the trans-shipfor the admission of such State into the Union on an equal ment from lake vessels to canal boats will be made. footing with the original States, and for other purposes,' establish these facts, I refer to the official surveys of the passed on the 30th of April, 1802, and to cause to be made United States engineers, and to a report from the board à plat or plan of so much of the boundary line as runs of canal commissioners of Ohio; and as confirmation of it, from the southerly extreme of lake Michigan to lake Erie, I will read from an Ohio paper, that, I am sure, will be particularly noticing the place where the said line inter-good authority with the Senator from Ohio. The Miami sects the margin of said lake, and to return the same, when of the Lake, a paper published at Perrysburg, dated the made, to Congress.' 10th of last month, says:

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The survey of the northern boundary of Ohio, author- "Our River.-As there are misconceptions, and, ized by this law, was not completed until the year 1818, doubtless, misrepresentations also, in regard to the depth owing to the Indian war that intervened; and when this of water from this place to the lake, we publish an exsurvey was made, in strict conformity to the several acts tract from the report of the canal commissioners, made of Congress, of 30th April, 1802, 11th February, 1805, to the Legislature of Ohio in 1824, on the subject. We and 20th May, 1812, providing for organizing the State only add, that this report corresponds with the opinion of Ohio and the Michigan Territory, the people of that now entertained by most of our river pilots. Territory had strong grounds to hope that the question Soundings were taken of the Maumee river, and bay, of boundary was finally settled. But, sir, it was not suf- from the foot of the rapids to Turtle island, off the fered to rest here. Mr. Brush, a Representative in Con- north cape of the bay. At the point where it is progress from Ohio, in February, 1820, introduced the fol-posed to erect the dam suggested, there is rock bottom, lowing resolution: with 6 feet water. Below this rock this water increas"Resolved, That a committee be appointed to inquire es, in a short distance, to and 9 feet depth. At a point into the expediency of providing, by law, for surveying, between that and Swan creek, a mile above Grassy point, marking, and permanently establishing the northern boun- about 8 feet water was found, and on the bar in the bay dary of the State of Ohio, beginning at a point north of 8.25 to 9 feet. the most northerly cape of the Miami bay, running thence due west, to the intersection of the west line of said State." Mr. Brush was not content to take what they now ask. He wanted to run a line due west from the north cape of Miami bay to the west line of the State.

This resolution, however, the House refused to consider, although frequently urged upon their attention by the mover, and Mr. Beecher, one of his colleagues.

Mr. Woodbridge, then the delegate from Michigan, was more fortunate. Seeing that the House refused to consider Mr. Beecher's resolution, he submitted the following: "Resolved, That the line heretofore caused to be surveyed, marked, and designated, from the southern extreme of lake Michigan due east, in pursuance of the provisions of an act entitled An act to authorize the President of the United States to ascertain and designate certain boundaries,' passed 20th May, 1812, so far as the

"It is sufficient for us to add, that the rock bar abovementioned, as having on it 64 feet water, is the shoalest water up to Perrysburg, and Port Miami, and that when the soundings were taken, as above, the river was low."

The same paper says: "We neglected to notice, that the steamboat General Brady some time since commenced her regular trips between Detroit and this place." I have on my desk an extract from the notes of Col. Stansbery, the United States engineer who located the Wabash and Erie canal, and took the scundings on the bars in the river and bay below Maumee and Perrysburg. These notes corroborate the report of the canal commissioners of Ohio, and show that there is above eight feet of water on all the bars but one, and estimate the cost of removing that bar at $1,500. Seven feet water is, in my opinion, sufficient for the schooners and steamboats that navigate the lakes.

JUNE 6, 1834.]

Northern Boundary of Ohio.—Amendment to the Constitution, &c.

[SENATE.

So the Senate refused to postpone the bill indefinitely. Mr. TIPTON then offered an amendment, changing the boundary line between Ohio and Michigan; which was negatived.

The bill was then ordered to be engrossed, and read a third time.

Both the Senators from Ohio and Delaware say that Ohio should own the termination of her canal. I trust I have shown that she now owns it. The canal never will be extended below Maumee. Does Ohio want the head of steamboat and sloop navigation? She now has it. Does she claim the extensive water power created by the construction of the Wabash, Miami, and Erie canals AMENDMENT TO THE CONSTITUTION. round the rapids of the Maumee river? She now owns it. And I am at a loss to see what Ohio is contending ment of the constitution, reported a substitute for the Mr. BIBB, from the special committee on an amend, for, unless it be to increase her power, that is already overshadowing her sister States in the valley of the Mis-two amendments proposed by Messrs. BIBB and BENTON, On motion of Mr. SHEPLEY, The Senate adjourned.

sissippi. Ohio embraces within her limits near forty thousand square miles. That it is capable of sustaining an immense population, is abundantly proved by her late

census.

The Michigan Territory embraces but about 31,000 square miles. Ten thousand of this is not habitable, it being hemlock flats. Michigan will always be a third or fourth rate State in point of population, even including all her present territory within the peninsula. Congress put her in possession of this country, and has defended her against Ohio for 30 years. I contend, therefore, on the tablethat the Territory has a vested right, by occupancy, which

FRIDAY, JUNE 6.

The Senate was occupied the whole of this day in the consideration of bills, among which came up the bill for establishing the TERRITORIAL GOVERNMENT OF WISCONSIN. On the motion, by Mr. POINDEXTER, to lay this bill Mr. TIPTON said: The honorable Senator from Miswe should not disturb at this late day. By reducing sissippi is misinformed as regards the extent, situation, Michigan to add to Ohio, we but make the weak weaker, and population of the territory intended to constitute and the strong stronger. To what other tribunal should the State of Michigan and Territory of Wisconsin. The the Territory look with such confident hope of protection country called Michigan Proper is the peninsula between against encroachment, as to the Senate of the United lakes Erie and Michigan, and is of suitable extent and States? population at this time to form a State.

The Senator from Ohio has told us that if Ohio owns The bill now before us provides for organizing the Swan creek, she will build up a town there, and blight country between lake Michigan and the Mississippi rivthe prospects of Monroe. This blighting influence of her er, (now forming part of the Michigan Territory,) and power, is one of the evils that I complain of. A town, or the country between the Mississippi and Missouri rivers, rather two towns, Port Lawrence and Vestula, are now extending up the Missouri river to the Whithearth river, growing up near Swan creek, in the Territory. The Le-into the Territorial government of Wisconsin. This tergislative Council has, I am informed, chartered a compa-ritory must have ten thousand inhabitants at this time, ny to construct a railroad from one of these towns west-and will soon form two large States. Near 3,000 inhab ward, over the peninsula, to lake Michigan. The stock itants have located themselves on the west bank of the has been taken, and surveys are now in progress to lo- Mississippi river, north of the State of Missouri, in the vicate the road. We have passed a bill through the Senate cinity of Debuque's mines, on lands lately purchased appropriating money to open a road from Vestula west-from the Sacs and Fox Indians. These people have peward to the Indiana State line. And are all these works titioned us to extend the laws over them. Their petition now to be surrendered up to Ohio? I hope not, sir. lies on your table; and when the Secretary reads it, to let To the State that I have in part the honor to repre- honorable Senators see what the petitioners pray for, I sent here, it is immaterial how this question is settled, if have no objection to lay this bill on the table until the we can have it finally adjusted, and go on harmoniously Senate can act on the bill authorizing the people of the with our neighbors for the improvement of our country eastern division of Michigan to form a constitution and and the happiness of the people. State government.

I should not have obtruded myself upon the notice of the Senate if any other Senator had thought proper to defend the rights of the Michigan Territory; but I could not sit silently by and see what I think an act of injustice done to the people of Michigan, who are not represented here by her own citizens.

For the purpose of ascertaining whether the Senate are determined to settle this question at this time, I move that the further consideration of this subject be indefinitely postponed.

Mr. LEIGH argued at considerable length against the postponement, and in favor of the bill, contending that it was a question of political expediency, that this matter should be settled in favor of the State of Ohio.

Some further conversation occurred between Messrs. TIPTON, LEIGH, and CLAYTON, when the question was taken by yeas and nays, and decided as follows:

YEAS.-Messrs. Benton, Black, Brown, Grundy, Hill, King of Alabama, McKean, Swift, Tipton.-9.

NAYS. Messrs. Bell, Bibb, Calhoun, Chambers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, Kane, Kent, Knight, Leigh, Linn, Mangum, Morris, Naudain, Poindexter, Porter, Prentiss, Robbins, Robinson, Shepley, Smith, Southard, Sprague, Tomlinson, Waggaman, Webster, White.-30.

VOL. X.-120

The bill was then again laid on the table.
PRIVATEER ROGER.

The bill for the relief of the owners and crew of the late privateer Roger, late Roger Quarles, master, was then taken up.

Mr. TYLER argued that interest was justly due, inasmuch as Government used the money for the purpose of prosecuting the war, and was, at that time, borrowing money at eight per cent., whereas six per cent. only was asked by that bill.

Mr. BIBB explained the law in cases of prize money. The prize is usually sold by judicial authority, and proceeds placed in a bank or other safe keeping, until the prize be declared by law to be good prize; but in that case no interest was ever sought. In this case the duties were ordered into the Treasury until adjudication should be declared, and the amount of duty paid. On adjudication, the holder of the money was not liable to pay

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SENATE.]

Florida Canals.-Claims on France.

[JUNE 7, 1834.

Mr. KING moved to strike out the whole of the ted with the treaty. You will find there very strong repbill after the enacting clause, and insert an amendment resentations of great advantages attained by that treaty. I appropriating two thousand dollars, for the purpose of should not be disposed to censure a minister for presentmaking a survey.

Mr. TIPTON opposed the amendment. The bill, as it stood at present, gave to the companies what they asked for; and he did not see the necessity of giving them more. The proposed works were indisputably necessary. He had no objection to recommit the bill. The CHAIR said the bill was now on its third reading, and no amendment could be made without unanimous consent.

ing the offspring of his labors in the best garb. But here is an exaggeration which transcends all bounds. He boasts that he had obtained from France a sum of money "amply sufficient to satisfy all the just claims our citizens of every description comprehended within the scope of the negotiation." He specifies and depreciates particular clauses, by saying that Mr. Gallatin had expressed an opinion that there could be no expectation that indemnity will ever be obtained. He proceeds to Mr. KING, of Alabama, showed the necessity and undervalue all these claims, declaring that Crawford, and propriety of the survey. Gallatin, and Brown, his predecessors, in letters never Mr. SOUTHARD was satisfied that the bill had bet-published, but intrusted to him, had in former years "reter be entirely lost, unless accompanied with the amend- garded this whole subject as almost entirely hopeless;" ment proposed. Congress ought to have some estimate that the difficulties had since increased; that they had of the expense. It was highly important to the Ter- been "prosecuted in vain for the last twenty years, and ritory and to the country. He wished the bill to lie on a large portion, if not the whole, of which has been the table. considered as desperate." And then repeats that he had

Mr. TIPTON was opposed to the course which was obtained "a sum sufficient, in all probability, to pay proposed; was opposed to appropriating more for this every cent justly due, and nearly treble the amount propurpose than all the land they asked for would amount to.nounced to be due by the commission charged with their Mr. KING, of Alabama, said, as the bill now was, it examination here." In the amount justly due is incluwas altogether indefinite. The bill did not say where the land to be selected lay.

Mr. MOORE moved that the bill be recommitted.

On motion of Mr. KING, of Alabama, the bill was laid on the table.

On motion of Mr. MOORE, the Senate adjourned.

SATURDAY, JUNE 7.

CLAIMS ON FRANCE.

ded principal and interest. This is apparent, and will be rendered still more clear by referring to his letter of 29th of June, 1831. Having thus obtained from the French a sum sufficient to pay every cent justly due, principal and interest, of every description of claim, he proceeds to boast that he had induced the French Government to release claims against us, by our paying about thirty per cent. only-less than one-third of the amount. He says that the treaty "extinguished claims of French subjects against the United States, to the amount of near five millions of francs, by a stipulation to pay a million and a half."

The CHAIR communicated a report from the commissioners under the act to carry into effect the late treaty with France, made in compliance with the resolution of I will show the Senate directly that the statements the 22d ult., showing a list of all the claims which have made in this letter are grossly erroneous; that it ought been presented to them, together with the amount of never to have been written, but, if written, most assuredprincipal and interest claimed by the memorialists in each case, and the aggregate amount, arranging into classes those which have been recognised as falling within the treaty, those which have been suspended, and those which have been rejected.

General Recapitulation.

ly it should have remained in the secret recesses of the State Department. What are we to think of an administration which necessarily gives publicity to such a communication; which, for no end or object of public interest, but only for self-glorification, publishes it to the world, makes it known to the French minister here, and

Amount of list marked A, comprehending "claims re- to his Government at home? Can it be doubted that that cognised as within the treaty"—

Principal, 17,065,917 36
Interest, 24,574,920 99

Amount of list marked B, comprehend-
ing "claims rejected" by the board-
Principal, 618,258 72
Interest, 1,001,379 12

Amount of list marked C, comprehend-
"claims" suspended-
Principal, 3,272,325 94
Interest, 5,301,168 02

publication caused the refusal of the French Chamber to make the appropriation? Their debates show that it was known to the members. It was objected, that we had 41,640,838 35 obtained too much; that one-half of the amount stipulated would fully indemnify our citizens; that the treaty ought not to be carried into effect, because it was unequal, and we had obtained undue advantages. Has not the difficulty which has occurred been occasioned by the 1,619,837 84 wanton and unfounded boasting of our own Executive? I say unfounded; and the document just read abundantly proves it. What is the sum stipulated by the treaty? Five millions. What is the amount of the claims which have been presented to the board of commissioners ap8,573,493 96 pointed to adjudicate upon them under the treaty? Fif ty-one millions eight hundred and thirty-four thousand dollars. Of this sum, the board, pursuant to rules estab $51,834,170 15 lished and promulgated before any difficulty was antici pated, have actually admitted memorials as prima facie The report having been readgood, to the amount of forty-one millions six hundred and Mr. SPRAGUE said, this was a document of much im- forty thousand dollars; of which, seventeen millions and portance at the present time, especially in connexion sixty-five thousand dollars is principal, and twenty-four with the recent refusal of the French Chamber of Depu- millions five hundred and seventy-four thousand dollars ties to make the appropriation for carrying into effect the interest. And the board have rejected memorials to the late treaty. That refusal, as he verily believed, had been amount of one million six hundred and nineteen thousand occasioned by the publication of the correspondence of dollars; of which, six hundred and eighteen thousand our late minister to France, Mr. Rives, with our Secre- dollars is principal, and one million and one thousand dol tary of State. Read his letter of July 8, 1831, transmit-lars interest. And there have been suspended, for future

Total amount of claims presented, principal and interest,

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