Indiana Palladium, Volume 4, Number 52, Lawrenceburg, Dearborn County, 3 January 1829 — Page 1

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- I . - ', - . EQUALITY OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NA1.URE IS THE .MARCH OF MAN. Barlow. Volume IV. LAWRENCEBURGII, INDIANA ; SATURDAY, JANUARY 3, 1829. Number 52

Congressional.

From the U. States Telegraph, Learning from Mr. Noble, that our paper in which was published Ihc follow ing remark?, delivered during the last session, d d not reach him, we have re published them to-day. It is due to Mr. Noble, that his constituents should know hi sentiments on a subject in which the) are so deeply interested, and we trust that the Telegraph will now be permit ted to reach its destination. SPEECH OF MR. NOBLE, Oo tt) Bill to Graduate (be Price of public Lands, to make donations thereof to actual settlers, and to cede the refute to the States in which tbev lie. Mr. NOBLE said, the Bill being now before the Senate of the United States, and for their consideration, he felt it his duty to express his views of the provisions of the bill, and his opinions of its operation should it pass. He said that he was deprived of the same latitude of argument which his colleague hatitaken upon his proposed amendment to the hill, inasmuch as he had withdraw it. 'He supposed however it would be in or der to read the amendment, and refer to it, in the course of Lis remarks. Mr. President, said Mr. Noble, nil governments as 1 understand are made for the protection of the people, and ti secure to them their rights. In this country, their rights are guaranteed b the articles of confederation, cessions from States, ordinances for the govern mentof Territories, Constitution of tht United States, and of the States, togeth er with compacts and stipulations, enter ed into by the Congress of the United States, with the people of a State, and the people of a 1 erritory, within the lim itaof the United States. The moment an individual enters into the body politic, or into society regula ted by law, he gives up a part of his natu ral rights, tor the purpose ofenjoy ing grea ter, as a member of the family, whether it relates to the general government, state government, county j city or town corporate. The moment any member of the soci ety violates either the fundamental law, or the municipal regulations for the gov ernment of the society, or the rights of others, the law takes him into custody and punishes him for his crime or mis demeanor. The same mode, or parity of retfson applies to States,1 corporations, and to the whole Union. The Constitution of the Union, as well as individuals for the public faith, must be duly observed, or we cannot exist as a nation, and preserve unimpaired the inheritance which has been left us by those who have gone before us. In the two cases, one, as to the individual, th,e law operates, and in relation to agents for corporations, the people must, at the polls,, suppress the mischief and advance the remedy if the public faith be lost sight of. I may, this moment, be violating the public faith. The people will pass judgment. Excitement gotten up, whether the motive be pure or impure, that pros trates the plighted faith of this Union,

orthe duties of the Congress of the U.'fuse to Pa33 an' Iuw in relation to their

S., that moment the bone is broken, and the sinews of the government 19 cut, and our country thrown into turmoil. No state or society of individuals, can have confidence in the Congress, if they set at defiance the rights of others, and

Cise power, not of right. ("exiinguisn me maian "line" at trie I beg leave to read my colleaguesU4eXPe,,9e" of "each State' and if the proposition, or amendment to the bill, janswer which I have given be true, it I know him to be sincere in his views,! fMws as necessary conclusion, that and the subject one that he has close atjutille,, is claim, and to "extinguish," is to heart, and one that many agree with Put ou aod destroy, and that expense him in the State we represent. He includes costs, charges, price, loss, to be

proposes to strike out the fifth section! and insert Sec. And be it further enacted that the preceding sections of the act, shall be, &, the same are hereby made applicable to the Territories only. Sec. And be it further enacted, that the public and unapproprieted lands within the limits of the new States shall be and the same are hereby ceded and relinquished in full property to the several States in which the same may lie, on condition, that such States shall not, at any time hereafter, put such lands into market, at a lower mimimum price than shall be established by law for the sale of the public lands in the Territories, and on condition that the Indian title to lands within the limits of any State shall hereafter be extinguished at the expense of such State. I think, Mr. President, the proposi tion of my colleague a dangerous one, and if carried into effect, would injure

I the new States. I shall apply, Sir, myl

ition in reference to Indiana, and its ef fects upon that Slate, though the same reasons will apply in the general to all the new States. Indiana for years past has acted in the character of a State, by the action of the people of the Indiana Territory, who, relieved themselves from the shackles of a Territorial Government, and was admitted into this Union, in the manner, pointed out by the Constitution of the United States. To have her again fettered, by pla cing her in the power of twenty-three States to legislate for her, upon her interest, and within the grasp of the treaty making power, I never can think of it, without iustruction from the people of the State through their members of the legislature. Suppose, for a moment, my colleague's amendment had passed, and became a law, and Congress was to to pass a law saying that the lands in their Territones snail be sold lor an enormous sum, xing the price, will it not oc per ceived at once, that although the lands were to be ceded to the Slates, and the States tied down to the mimimum price, Congress would have the States uider their hammer, and prevent the migration and settlement of the States. Tht latter part of my colleague' amend merit is certainly objectionable it declares that, in the cession of the lands to the Slates, they are to be ceded, "on condition that the Indian title to lands within the limits of any State, shall hereafter be extinguished at the expense of such State." What is meant by the expense, would be difficult to decide. Sir, "expense" should be defined before the people of a Statt should be placed in the humiliating condition, of submitting to an onerous tax, without their consent. We all know what is meant by the word expense, literally "cosi and charges" The treaty making power may be hund in the Constitution of the United States, second article and second section, in these words, "He (meaning the President) shall have power by and with the advice and consent of the Senate, to make treaties, provided two-thirds oi the Senators present concur." How this treaty making power may understand the word "expense," is yet unknown will it he understood that the term "expense" includes cost? f will; give my answer, 11 noes include, "costs' and "charges," and the former includes price, xpense, loss, and to be bought for. Should the answer which I give true, as to the term "expense," will i not follow that my colleague proposition in terms', as far as I have mentioned the emphaiical ones, be injurious to the new States where the public lands are situ ated? 1 he reason in my mind is clear. that the injury ;s self-evident. His proposition first declares that the land in the new States, although to be ceded to the States, shall not be sold at a lower minimum price by the States, than the land of the United Siates in Territories, and the price to be fixed by Con gress, before the State authorities can have one inch. If the United States reterritorial lands, the settlements of the country are retarded, and the States remain worse than heretofore even Territories, as to the waste and unappropriated land within the boundaries of the

Cxer-!Stnt,?3' Secondly, his proposition is to

bougm tor. -ireaty, means negotiation. 1 he subjects witntn tue negotiation includes expense, cost, charges, titie, extinguishment, and management. If (he word expense, alone, could have reference to the payment of the Commissionersr who should hold the Treaty, and all other persons employed for the object, together with the provisions to be furnished at the treaty ground, I should not be so fearful of consequences as to the second proposition of my colleague. The term expense will include, blankets, clothes, scarlets, calicos, saddles, horses, and in short, every article furnished the Indians with whom you treat. Let me repeat, if Congress pass a law, fixing the price of land in Territories, at so high a price, that it cannot be bought, and the States in selling their lands, are bound to conform to the law, and the States liable to the exDenses of extinguishing the Indian title; in the latter caie, the people, of the States

would be oppressed, and in the former.

defeated. The treaty making power is lodged where it ought to be, in the hands of the President of the United states, and in the Senate. I have found power in the Constitution, and there let it remain, for Unevercan be exercised to the injury of a state. I am in favor of ceding the lands to the new States, in which they lie, by the consent of the States, and that the legislate authority of the. Slates shall dispose of the lands as they may think proper, and as fast as the lands sell, the States shall pay into the Treasury of the United States, from two to four cent per acre. Sir, the only mode to ascertain the consent of the States, is for Congress to sub mit a proposition to them, for their free acceptation or rejection, and if finally, the two contracting parties agree, the agreement is to all intents and purposes a compact, and not liable to be altered by the pleasure of Congress. The arguments used "that the rights of soil and taxation are inseperable from the sovereignty of every independent State," I beg leave to dissent from. The sovereignly of the new States exists at this day. I hold that the soil and laxation are seperable from the sovereignty. The right of domain or estate, may be owned by others, within the limits of a State possessing sovereignty, where that sovereignty cannot tax the soil. In the year 1816, the people of Indiana, formed for themselves a Constitution, and was, in the same year, admitted into this Union, according to the provisions of the Constitution of the Unied States, as a free and independent State. The act of April, 1 81C, authorizing the people of the Indiana Territory, to elect members to the Convention, in it is to be found, propositions submitted to the Convention for acception or rejection. The Convention accepted the proposition?, and thus the two contracting parties agreed, that the State should not tax any tract of land sold b the United States, for five years, from ai d after the A December, 1816, foi any purpose whatever. In the same act, the ordinance of the 13(ii of July, 1787, is referred to, and it declares, " The Legislatures of those new Stales or Dis tricts, t-Ivrill never interfile with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary, for seeuriig the title in such soil, to the bonafide purchasers. No tax shall be imposed on lands, the property f the Unite d Slates, and in no case shall non-resident proprietors, be ta?;ed higher than residents. Sir, again the cession act of Virginia, in the year 1783, ceding the lands to the United States, uses these words: "for the benefit of the said States, Virginia inclusive, all right, title, and claim as well of soil as of jurisdiction, which the said Commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, and being to the northwest of the river Ohio, to and for the uses and purposes, and on the conditions of the act." I ask for what purposes? The answer is given in the act of cession, "for the common benefit of the Union." I might cease with my remarks here as to the right of oil and taxation, being inseparable, but 1 wni not. In the constitution of the United States, you will find two important provisions. The first reads: "The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United Slates: and no thing in this constitution shall be so construed, as.to prejudice any claims of the united btates, or of any particulai State. I he second reads: "all debts contracted, and engagements entered in to before the adoption of this constitution, shall be as valid against the United State3 under this constitution, as under the confederation." Sir, is it possible that the argument can be considered correct: "that the rights of soil and taxation, are inseparable from the sovereignty of every independent State," unless it can be shown 1mm the date of the articles of confederation, that the cession act of Virginia, ordnance for the government of territories, and the constitution of the United States, are frauds, and so were intended in their consummation to operate upon the sovereignty of new States to be admitted into this Union. To prove the argument, you must advance one step further, and prove the people of the Ter

ritories to have been guilty of a fraud, because under acts of Congress, authorising them to hold a Convention, for the purpose of framing a constitution, in the oame acts, there are express prohibitions against the State taxing the soil of the United Siates, and the people by ordinances subjoined to their constitutions,

declare that the new States to be admit ted, have no power to meddle with, or tax the soil of the United States. I am aware that the Senators are tired of the subject, and will not detain them on this point longer than to say a few words. The arguments of my colleague, I insist upon it, he has abandon ed. The reason I assign for my assertion is this, if his arguments be correct (and I would sooner trust him than my elt, his nronositions cannot be true. The moment Indiana, oranv other new State was admitted into this Union, the State possessed sovereignty, and if by virtue of the sovereignty she had a right to tax the soil belonging to the United States, the proposition to cede the lands to the new States upon two conditions, was entirely uncalled for. The sovereignty was complete upon the admission of the State into this Union. Sir, if the State of Indiana had a right to tax and claim the soil within her boundaries belonging to the United States, why make the appeal to Congress to cede? Should it be true that the lands belong to Indiana, why call upon Congress? Why not take the pow:er into our own hands? If the arguments be correct as presented, the new Slates are safe, and let them proceed without delay, to send out their own surveyors, abolish the land ofliced of the United Stales, drive them out of the States, and establish their own. To settle the differences between the United Siates5 the new States, or any of them, the Judicial power of the Federal Govern ment in relation to public lands is all suf ficient, that too ithout resort to arms. The new States never will be induced nor seduced to array then:? ?Ices against the union. If any State had attempted to sei2 upon the public lands under eclorofau thority, and the controversy submitted to the Federal Courts, the dicision would have been against her, as it was in the celebiated case from Ohio, when the Legislature of that State attempted to tax and drive beyond her limits the Bmks of the United States, on which occasion, a distinguished lawyer, Mr. Hammond, bore a conspicuous part. The cost accruing in the controversy between the State of Ohio, and the United States, I know not the amount. For rnv own nart. Sir. I shall never legislate without the consent of those I represent, to involve them in disputes, and the payment of taxes Legislation is but a compromisa of opinion, and we would not tread upon each others heels too much in projects, and all untie to adhere to engagements, contracts, session acts, ordinance?, constitutions, which have been adopted for the benefit of the whole Up'rsand merely content ourselves by claiming on the part of Congress to fulfil their engagements with the new States, making the roads promised, and such other objects' 1 F for the mutual benefit of nil, we should discharge our duty fnlly, and accompish more for the new Stales, and for the interest of the Union. The bill to graduate the price of the public lands, &c. aa introduced by the gentleman from Missouri', (Mr. Benton,) and every portion of it is worthy of con sideration. The 1st section of the bill provides for Ihe graduation of the prices of the public lands (heretofore c ffered at public sale) commencing on the 4th of July 132S,and ending the 4th of July 1832, lor one del lar per acre to sevent-five cents per acre and fifty cents per acre, and after the latter period, at twenty-five cents per acre.

Tbp 9nA sect ion croes i'nnn thf srrmeiSome boarders.

fc rthe public lands, with this dulerence, ;t 1.contined h the lands hereafter to he offered at public sale, and after the sale, the principle applies. The 3rd section refers to a written permission on behalf of an individual, to be obtained from the registers of the land offices Sz the receivers of public mono) s, to settle on any half quarter section of land within their respective districts, which shall remain unsold for the gpace of one year, after having Been offered at fifty cents per acre, upon condition that, if the individual shall forthwith settle thereupon, and cultivate the same for 5 coceecutive years, and being a citizen of

principle of graduation in relerence io'tana.

the United States, at the end of that time the said individual, upon proof of settlement, cultivation and citizenship, shall have a patent for the half quarter section, donated. This section is for the benefit of the poor. The 4th section merely refers to the fees of land officers. The 5th section is all-important, and that it may be fully appreciated, I use the words: "And be it further enacted, that all the land which shall remain unsold for one year after having been offer ed at twenty-five cents per acre, shall be9 and the same hereby is ceded in full pro perty to the states in which the same lie." Mr. President, in a few minutes I am done with this subiect, excebt to tote

The five sections contained in the bil, violate noone act of the uovernmentfrorn ihe date of the articles of confederation or the constitution of the U. States, up to the present date. All of the provisions of the bill proceed upon the ground of expediency, and for the mutual benefit of all ; and every sentence is marked with consideration and profit for the zchote Union Tne 5th section is peculiarly interesting to the whole Union, though, at the first blush, might not appear so, but when examined, and its effects, it will appear The operation is this: that when the lands cease to be of little or no value, or in other words, the refuse lands within the limit3 of the new sta tes, they cease to he a common benefit for the whole Onion Should this state of things exist, the expenses of keeping up your land office will result in cost to the whole Unionand over run the profits, and therefore tne lands are no longer a common benefit for all. Then will be the true time for the U. S. to operate, and op. n her sales of the lands as the states may direct without being embarrassed by congres siona! acts, or the force of the treaty maj king power, If, however, as I before ob served, the congress of the United States will submit propositions to the new states for their full acceptation or rejtction,ard the states consent to take the lands at a price they may agree on, I am coutent. With my voice to tax the people of thet new states, by the operation of the treaty making power, without their consent the people cf Indiana must so direct me,IUTS, 37r. Skiiuizr.- Last year 1 iiad my moke house so visited with rats, that they appeared to threaten destruction to all my bacon, and even damaged somei of it after it was hungup and neariy moked. I set a number of traps of sev eral different sorts; and when caught a rat, it appeared, as the old woman aid of the flies, when she killed one, as if there came two or three to bury U 1 had recourse to arsenic but without much success; and f saw in your valuable work a publication of the cork experiment. I would not have had faith to try it nut that 1 had known it to kill dog?. I then fried a composition of things which! knew the fats were fond of, and fed them two nights in succession; the next day I prepared the cork and chopped it about the bize of a large duck shot. I fried tht m in the same sort of materials as beforehand the two first nights they preyed upon it tolerably well; third night not so much, and in about six days and nights they atl disappeared! Aed what is ery Strang0, wfi never found one dead; 1 am perfectly satisfied that not one half of these sagacious animals ever got a faste of the fricork: but those that got troubled with it, must have become alarmed and carri ed nfftbe rest. Now you must know that this has been done more than ninety days, and beg jou to ercuse my not telling you it sooner; but the fact is I wa afraid that their abscence was too good company to last, and expected they might return in a few weeks; but I see no sign of any as yet ; therefore thinkthe experiment worth trying thrmgbi' the United States, as they are trouble A subscriber in iuarv a w Amer. Farmer' The report that Mr. Adams will take upapeimanent residence in Washington, is pronounced incorrect but he will remain there sometime for the set tlement of his private affairs. A'iles Beg,John M'Lean has been elected by ar unanimous vote, by the legislature of Illinois, to the Senate of the United Slate? for the ensuing six years. Oil Stone. This valuable stone, of a? quality superior to the Turkish oil stoner has been discovered in Hocking county. Ohi; 1 -N