The substitute reported by the committee on public lands, after an extended debate, and various motions of amendment, was put to the vote, and adopted—twenty-four to sixteen—the yeas and nays being:
Yeas—Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, Linn, Lyon, Moore, Mouton, Nicholas, Niles, Norvell, Page, Rives, Robinson, Strange, Walker, Wright—24.
Nays—Messrs. Bayard, Calhoun, Davis, Ewing of Ohio, Kent, King of Georgia, Knight, Prentiss, Robbins, Sevier, Southard, Swift, Tomlinson, Wall, Webster, White—16.
So Mr. Clay's plan of a five years' open distribution of the land money to the States, in addition to the actual distribution, under the deposit mask, was now defeated in the Senate: but that did not put an end to kindred schemes. They multiplied in different forms; and continued to vex Congress to almost the last day of its existence. Mr. Calhoun brought a plan for the cession of all the public lands to the States in which they lay, to be sold by them on graduated prices, extending to thirty-five years, on condition that the States should take the expenses of the land system on themselves, and pay thirty-three and a third per centum, of the sales, to the federal treasury. Mr. Benton objected, on principle, to any complication of moneyed or property transactions between the States and the federal government, leading, as they inevitably would, to dissension and contention; and ending in controversies between the members and the head of the federal government: and, on detail, because the graduation was extended beyond a period when the new States would be strong enough to obtain better terms, without the complication of a contract, and the condition of a purchase. Within the thirty-five years, there would be three new apportionments of representatives, under the censuses of 1840, 1850, and 1860—doubling or trebling the new States' representation each time; also several new States admitted; so that they would be strong enough to take effectual measures for the extinction of the federal titles within the States, on just and equitable principles. Mr. Buchanan openly assailed Mr. Calhoun's proposition as a bid for the presidency; and said:
"He had heard a great deal said about bribing the people with their own money; arguments of that kind had been reiterated, but they had never had much effect on him. But speaking on the same principles on which this had been said, and without intending any thing personal toward the honorable senator from South Carolina, he would say this was the most splendid bribe that had ever yet been offered. It was to give the entire public domain to the people of the new States, without fee or reward, and on the single condition that they should not bring all the land into market at once. It was the first time such a proposition had been brought forward for legislation; and he solemnly protested against the principle that Congress had any right, in equity or justice, to give what belonged to the entire people of the Union to the inhabitants of any State or States whatever. After warmly expressing his dissent to the amendment, Mr. B. said he hoped it would not receive the sanction of any considerable portion of the Senate."
Mr. Sevier of Arkansas, said it might be very true that presidential candidates would bid deep for the favor of the West; but that was no reason why the West should refuse a good offer, when made. Deeming this a good one, and beneficial to the new States, he was for taking it. Mr. Linn, of Missouri, objected to the proposition of Mr. Calhoun, as an amendment to the bill in favor of actual settlers (in which form it was offered), because it would be the occasion of losing both measures; and said:
"He might probably vote for it as an independent proposition, but could not as it now stood. He had set out with the determination to vote against every amendment which should be proposed, as the bill had once been nearly lost by the multiplication of them. If this amendment should be received, the residue of the session would be taken up in discussing it, and nothing would be done for his constituents. He wanted them to know that he had done his utmost, which was but little, to carry into effect their wishes, and to secure their best interests in the settlement of the new country. He was anxious to obtain the passage of an equitable pre-emption law, which should secure to them their homes, and not throw the country into the hands of great capitalists, as had been done in the case of the Holland Land Company, and thus retard the settlement of the West. As to the evasions of previous pre-emption laws, of which so much had been said, he believed they either had no existence in Missouri, or had been grossly exaggerated. In the course of his professional duty (Mr. Linn is a physician, in large practice), he had occasion to become extensively acquainted with the people concerning whom these things had been asserted (he referred to the emigrants who had settled in that State, under the pre-emption law of 1814), and he could say, nothing of the kind had fallen under his observation. They had come there, in most cases, poor, surrounded by all the evils and disadvantages of emigration to a new country; he had attended many of them in sickness; and he could truly aver that they were, as a whole, the best and most upright body of people he had ever known.
"Mr. L. said he was a practical man, though his temperament might be somewhat warm. He looked to things which were attainable, and in the near prospect of being obtained, rather than at those contingent and distant. Here was a bill, far advanced in the Senate, and, as he hoped, on the eve of passing. He believed it would secure a great good to his constituents; and he could not consent to risk that bill by accepting the amendment proposed by the senator from South Carolina. If the senator from Arkansas would let this go, he might possibly find that it was a better thing than he could ever get again. He wanted that Congress should so regulate the public lands, and so arrange the terms on which it was disposed of, as to furnish in the West an opportunity for poor men to become rich, and every worthy and industrious man prosperous and happy."
Mr. Calhoun felt himself called upon to rise in defence of his proposition, and in vindication of his own motives in offering it; and did so, in a brief speech, saying:
"When the Senate had entered upon the present discussion, he had had little thought of offering a proposition like this. He had, indeed, always seen that there was a period coming when this government must cede to the new States the possession of their own soil; but he had never thought, till now, that period was so near. What he had seen this session, however, and especially the nature and character of the bill which was now likely to pass, had fully satisfied him that the time had arrived. There were at present eighteen senators from the new States. In four years, there would be six more, which would make twenty-four. All, therefore, must see that, in a very short period, those States would have this question in their own hands. And it had been openly said that they ought not to accept of the present proposition, because they would soon be able to get better terms. He thought, therefore, that, instead of attempting to resist any longer what must eventually happen, it would be better for all concerned that Congress should yield at once to the force of circumstances, and cede the public domain. His objects in this movement were high and solemn objects. He wished to break down the vassalage of the new States. He desired that this government should cease to hold the relation of a landlord. He wished, further, to draw this great fund out of the vortex of the presidential contest, with which it had openly been announced to the Senate there was an avowed design to connect it. He thought the country had been sufficiently agitated, corrupted, and debased, by the influence of that contest; and he wished to take this great engine out of the hands of power. If he were a candidate for the presidency, he would wish to leave it there. He wished to go further: he sought to remove the immense amount of patronage connected with the management of this domain—a patronage which had corrupted both the old and the new States to an enormous extent. He sought to counteract the centralism, which was the great danger of this government, and thereby to preserve the liberties of the people much longer than would otherwise be possible. As to what was to be received for these lands, he cared nothing about it. He would have consented at once to yield the whole, and withdraw altogether the landlordship of the general government over them, had he not believed that it would be most for the benefit of the new States themselves that it should continue somewhat longer. These were the views which had induced him to present the amendment. He offered no gilded pill. He threw in no apple of discord. He was no bidder for popularity. He prescribed to himself a more humble aim, which was simply to do his duty. He sought to counteract the corrupting tendency of the existing course of things. He sought to weaken this government by divesting it of at least a part of the immense patronage it wielded. He held that every great landed estate required a local administration, conducted by persons more intimately acquainted with local wants and interests than the members of a central government could possibly be. If any body asked him for a proof of the truth of his positions, he might point them to the bill now before the Senate. Such were the sentiments, shortly stated, which had governed him on this occasion. He had done his duty, and he must leave the result with God and with the new States."
Mr. Calhoun's proposition was then put to the vote, and almost unanimously rejected, only six senators besides himself voting for it; namely: Messrs. King of Georgia; Moore of Alabama; Morris of Ohio; Robinson of Illinois; Sevier of Arkansas; and White of Tennessee. And thus a third project of distribution (counting Mr. Mercer's motion as one), at this session, had miscarried. But it was not the end. Mr. Chilton Allen, representative from Kentucky, moved a direct distribution of land to the old States, equal in amount to the grants which had been made to the new States. Mr. Abijah Mann, jr., of New York, strikingly exposed the injustice of this proposition, in a few brief remarks, saying:
"It must be apparent, by this time, that this proposition was neither more nor less than a new edition of the old and exploded idea of distributing the proceeds of the sales of the public lands, attempted to be concealed under rubbish and verbiage, and gilded over by the patriotic idea of applying it to the public education. Its paternity is suspicious, and its hope fallacious and delusive. The preamble to this resolution is illusory and deceptive, addressed to the cupidity of the old States represented on this floor. It recites the grants made by Congress to each of the new States of the public lands in the aggregate, without specifying the motive or consideration upon which they were made. Its argument is, that an equal quantity should be granted to the old States, to make them respectively equal sharers in the public lands. Now, sir (said Mr. M.), nothing could be devised more disingenuous and deceptive. Let us look at it briefly. The idea is, that the old States granted these lands to the new for an implied consideration, and resulting benefit to themselves; that it was a sort of Indian gift, to be refunded with increase. Not so, sir, at all. If Mr. M. understood the motives inducing those grants, they were paternal on the part of the old States; proceeding upon that generous and noble liberality which induces a wealthy father to advance and provide for his children. This was the moving consideration, though he (Mr. M.) was aware that the grants in aid of the improvements of the new States and territories were upon consideration of advancing the sale and improvement of the remaining lands in those States held by the United States."