The senate’s land committee, besides the proposal of a distribution, restricted to the new states, recommends an immediate reduction of the price of ‘fresh lands,’ to a minimum of one dollar per acre, and to fifty cents per acre for lands which have been five years or upwards in market.
The land committee of the house is opposed to all distribution, general or partial, and recommends a reduction of the price to one dollar per acre.
And now, Mr. President, I have a few more words to say, and shall be done. We are admonished by all our reflections, and by existing signs, of the duty of communicating strength and energy to the glorious union which now encircles our favored country. Among the ties which bind us together, the public domain merits high consideration. And if we appropriate, for a limited time, theproceeds of that great resource, among the several states, for the important objects which have been enumerated, a new and powerful bond of affection and of interest will be added. The states will feel and recognise the operation of the general government, not merely in power and burdens, but in benefactions and blessings. And the general government in its turn will feel, from the expenditure of the money which it dispenses to the states, the benefits of moral and intellectual improvement of the people, of greater facility in social and commercial intercourse, and of the purification of the population of our country, themselves the best parental sources of national character, national union, and national greatness. Whatever may be the fate of the particular proposition now under consideration, I sincerely hope that the attention of the nation may be attracted to this most interesting subject; that it may justly appreciate the value of this immense national property; and that, preserving the regulation of it by the will of the whole, for the advantage of the whole, it may be transmitted, as a sacred and inestimable succession, to posterity, for its benefit and blessing for ages to come.
ON THE NORTHEASTERN BOUNDARY OF THE UNITED STATES.
IN THE SENATE OF THE UNITED STATES, JULY 10, 1832.
[THE disputed question of the northeastern boundary of the United States, between the state of Maine and the British provinces, had been referred, in pursuance of an article of the treaty of Ghent, to the king of the Netherlands, for his opinion as to the true boundary line. That monarch having made his award, recommending the River St. John as the proper boundary line, (with some variations;) president Jackson communicated the decision to the senate, asking their advice thereon, as part of the treaty-making power. The subject being under discussion, (in secret session,) Mr. Clay made the following remarks, in which he shows that the advice asked of the senate was premature on the part of the president, with whom the responsibility should rest, until a treaty respecting the boundary should be concluded. This view of the matter was sustained by the subsequent course of the government, which resulted in the final settlement of this boundary question, concluded in 1842, by lord Ashburton and Mr. Webster, secretary of state, and afterwards confirmed by the senate.]
INTENDING to express, in a few words, my sentiments on this subject, I have thought I might as well embrace this occasion to do it. The president has called upon the senate for its advice, as to the award of the king of the Netherlands, respecting the northeastern boundary of the United States. This call upon the senate is made, not in its legislative character, but as a component part of the treaty-making power. If the senate, therefore, should give any advice on the matter, it must act in its executive capacity, and according to those rules which govern it when so acting. Among these, is that which requires the concurrence of two thirds of the senators present.
The language of the constitution, taken literally, would perhaps require a participation of the senate in the original formation of all treaties. The words are, ‘he, (the president,) shall have power, by and with the advice and consent of the senate, to make treaties; provided two thirds of the senators present concur.’ In the early stages of his administration, general Washington endeavored to execute this part of the constitution according to its literal interpretation; but he soon found it impracticable, and abandoned it. Thedifficulty of consulting so large a body as to the instructions to be given to a foreign minister; the variety of propositions which may be interchanged in the progress of a negotiation, and the inconvenience of a perpetual recurrence to the senate for its opinion upon each of them, besides other considerations, rendered it altogether inexpedient to take the advice and consent of the senate previously to the conclusion of treaties. When concluded, president Washington thought the purport of the constitution would be satisfied by submitting them to the senate; as they could not be said to be made, in the language of the constitution, until the senate gave its constitutional concurrence to their becoming obligatory national compacts.
Accordingly, from an early period, in the first term of his administration, down to the present time, the settled and uniform practice of the executive government has been, to open negotiations with foreign powers, and to conclude such treaties as the president conceives the interests of this country demand. When so concluded, they are submitted to the senate for its constitutional advice and consent. And the extent of any agency which the senate exercises, in the formation of a treaty, is limited to proposing, as was done in the treaty of Mr. Jay, in 1794, amendments to the treaty. These become the subject of future negotiation.