Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-11


that construction OF the Constitution which assumes
uncontrolled power, under the general expression Of
prording for the general tctdre, il will completely
snuhilse one of the most dangerous party dogmas and
verify what has been so frequently ssid that federal
ism was extinct; and, on the other hand an open
vowal Of that doctrine will put guard against
Its operation, that the frank interchange Of sentiment
that may be expected must, in every view, be
ben, fetal.
Yet, sir, Tshou!J Notwithstanding these ideas OF the
utility OF The debate have taken no part 10 II but for
these consderat
The Importance OF the subject of the resolution % tho
State / represent,
The appeals that have been made to my recoe ction
in the course OF the disscus.ion;
And the necessity Of rep.l'ing charge duplicating
me, and others with whom acted, 10 charge OF hos
thty to the Father OF his country.
The orig inal re.olu ion, completely abandoned,
and only incidental referred to- must form promi-
figure in the observations shall address to the
Senate. The subject involves is OF deep interest
10 my State; and the policy Of the General Govern
ment with respec its public land within our bounda-
ries, shall be freely canvassed Representing, with
my worthy colleague the interests OF that State, I
should betray those interests not TO seize this
favorable opportunity of making known the true situa~
ton Of eur claims on the justice OF the Union. con-
tine myself to my own StAte-the other, too ably
Represented 10 need my aid. Some gentlemen have
thought that they could trace the Of which
hey complain to particular sections Of the Union aud
must not be understood a. censuring this course.
Though do not think necessary for me, others, who
undoubtedly understand this subject better that do,
think il is so for them IL is not for 10 blame them
NV friend from Missouri has with his characteristic
diligence, collected mass OF evidence this subsetr
which is, perhaps conclusive; but this does not suit
my purpose to exam inc; will not attempt any such
search. The measures Of which shall complain
those ofthe nation. should he wilder myself do inus-
ce 10 Others ami cause useless Irritation. were to-
SEEK i'm old journals forgotten documents for the
names Of those who voted for against the measures
OF which am forced TO complain, try TO discover
what river, what gsogra phical line divided them.
MI those votes, am bound 10 believe were given
com proper motives though from erroneous views.
feel no sectional personal hostility, ami viii endea
fO xri lie lpne In ~ lis m far
from arragning that which some OF my friends have
pur.ued; they the best judges of their griefs,
and the best mode of redressiDg them For my
part repeat, that all OF which shall complain are
the acts and omissions Of the whole Governments aud
state them. only because l hope and believe that,
when they shall be fully kno compensation for iDju-
res and Injurious omissions i'll be offered aud all slip
ulaions faithfully performed.
Louisiana coded by France to the United States
in 1913 By the treaty of cesson the United
States acquired all the vacant lands within the Pro-
vince, and the sovereignty over it; but under the fol-
lowing conditions.
To maintain the inhabitants in the enjoyment of their
pronerty:
To admit them, possible, into the u
MON, according to the principles Of the Federal Con-
stituion.
Neither of these conditions have been faithfully per-
formed according to The spirit OF the stipulation.
To maintain the inhabitants in the enoymento OF their
property, essential that all disputed claims 10 it
should be submitted to the decision of a court whe-
Their such claims made Ivy individuals the Gov
eminent Yet all the titles di.alloweJ by the Govern
|
of lite choosing, holding their offices the will OF
the President. This not only deing injustice to
us, but was an infringement on the constitutional dis
trbu,ion OF power, by which the judicial functions of
the United States vested in Supreme ard inferi.
or Courts OF which the Judges are TO hold their off.
during good behaviour, who to take cognzancs
of all controversies TO which the United States are par
Ii 81 and from the decisions of The latter of which, an
peal lies the former. Now no one can denv that
10 decide on the validity OF title TO land, Is judicial
functoD that the United ates parties TO all the
couoversesin relation to their titles to public lands; and
that Commissioners not such Judges are intended
by the Constitution Yet. sir you refuse to give us the
enjoyment Of two millions and more, Of acres claimed
by citizens OF my State under perfect grants, made
by the former OF the province because your
Commissioners. under the Instructions of an Erecu-
tive Department, have refused TO raiify them Year
after year, for than twenty years they have peti.
toned for their right under the treaty, or for Judi
cia inquiry into their tt'e after year YOU have re-
fused this just reasonable demand You have pariaI-
" granted 1t TO the adjoining States and Territory OF
Missouri, Alabama, and Arkansas, but have periina-
ciously, uDjustv, and cruelty refused IL to u.s. We
have also. in with the adj lining States of Mis-
souri,, Mississippi and Alabama, (a in part or in the
whole taken out Of the territory coded by treaty. been
deprived OF the benefits OF the Judiciary system of the
legal decision Of single man. Lives without appeal
fortunes, under 1000 dollars, without appeal Bo,h n
my opinion have been than once illegally sac-
rificed to this cruel neglect OF our rghts.
| To understand the next grievance Of which COM
plain the attention OF the Senate must be drawn 10 tho
Typographical features Of the country well as its sta
|
OF four degrees ofaii,ude, the of this ate on
side of the MISSISSIPPI aud two the Other that
river by its eanderiug and the division of its
waters in the Delta, presents banks OF near 1900 miles
on DO sidss-the other rivers falling into il nearly
as much more All these subject to annual mum
daon, and in the whole alluvia soil The banks of the
river the highest ground. which descends in an
inclined plane to the level OF the ocean IL follows
from this configuriion that the banks Of the river must
be secured by bikes, that the whole of the auyisI
country must be submerged during ever annual rise Of
the river. The construction of these bikes was duty
imposed the fret settlers OF The province as
condition Of their granite; and this mighty river encased
in high and sold embsnkmens for nearly two hundred
miles Of its tests how faithfully this condition
was fulfilled. wonderful work, when compared with
the slender population ty which IL was effected. By
the terms OF the cesoD, the Uted States became pro-
prieo7 Of all the lands; but they have not con.
sdee1 the mseves liable any the duties that would
have attached 20 The property had II been i'm private
hands, they expressly exempt themselves, and even
those to whom they may sell during FIVE years from
taxes any contribution 10 Governments and practical.
Iy, have refused to make any OF the ns me-
eesary, not only Tor reclaming their own lands hut
for protecting their inhabitants from the effects of the
inun 'ations which has been described; and In numer-
Gus instances. particles have been Obliged in their own
def'nee, 90 perform this expensive operation for vou
Now, sir the State contains 80 600 600 OF acres of
| which your COmmissioners have confirmed and YOU
have granted and sold only 100000: so that Won now
sixsevenths OF the whole State. That one
which IL is ia private hands. supports population Of
than 200 900 souls and raises an Agricultural po
duce You'd it, own consumpon of 900 600 Of dollars
Yet, with this evident advantage resulfing froro