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THEODORE H, CREMER,
V. - -PcznprcAxsz3,.
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I.VZIG 601106.
Whig Song.
Tha Campbell, arc coming
TINE--'
Harry Clay he is coming, hum, huna!
Harry Clay he is coming, huzza, lima!
Harry Clay he is coming we hail him with pride,
And the traitor John Tyler front office must glide.
The campaign is now started we call on each one,
Ye Whigs of old forty your armour gird on;
_ _
Horn, foot and dragoons well our enemy rout,
Let our watchword be onward the nation thro'out,
Harry Clay he is coming, huzza, Mina!
Harry Clay he is coining, huzza, huzza!
Harry Clay he is coming borne on by the breeze,
In the chair of the White House we'll place him
with ease.
The Whigs they've resolved that a change they will
make,
So the Locos and Tyler a warning may take;
On the fonrth of next March their farce they must
close,
To the four winds of Heaven we'll scatter our foes.
Harry Clay he is coming, huzza, huzza !
Harry Clay he is coining, huzza, huzza!
Harry Clay he is coining so be of good cheer.
• And the Kinderhook dandy's left far in the rear.
Our honest Whig views we will carry them out,
• And their patent Democracy put to the rout;
. To the head of Salt River we'll row it with case,
And there it taunt stay just as long as we please.
Harry Clay he is coming, huzza, huzza!
Harry Clay ho is coating, huzza, huzza!
. Harry Clay he is coming tho ruler to be,
O'er the home of the brave and the land of the free.
Our Tariff we've tried nud we're sure it will do,
And our own Manufactures the nation all through;
The Mechanic and Workmen we're willing to pay,
Something more I should think than ten cents by
she day.
Harry Clay he is coming, Mina, huzza!
Harry Clay he is coming, Mina, huna!
Harry Clay he is coming the nation's true friend,
To the call of the Whigs he will duly attend.
Then freemen arouse and proclaim with one voice,
Throughout all the States he's , the man of your
choice;
Let all his opponents get out of the wny,"
And leave the track clear for our llietal Harry Clay,
Harry Clay he is corning, lima, hum !
Harry Clay he is coining. bona, hum !
- Harry Clay he is corvine, so ho of good cheer,
Their poor little Polk we'll have in the tear.
The Fighting Captain.
TUNE-.."./1 will never 6 to give it up so."
When Markle marched to the frontier,
He knew not what it was to fear,
The Tory force the British sent,
But this was o'er his sentiment,
It will never do to give it up so,
It will never do to give it up so,
It will never do to give it up so, gallant boys,
It will never du to give it up so!
He bravely fought with Harrison,
And then o'er tho foe a victory won,
And now he is the candidate
For Pennsylvania's chair of state.
It will never do, &c.
Now Whigs, lets rally for the fight,
Our cause is just, our cause is right,
In the locos' cars when we shall sing,
We'll make this chorus loudly ring--
It will never do, &c.
With Harry Cloy, the tried and true,
Anti Frelingltuysen and Markle too,
NVe'll triumph o'er the lodos soon,
But we'll nut forget this good old tune.
It will never do, &c,
Voice of the People.
Ain--“A life on the Ocean wave."
List, list to the People's cry,
Resounding o'er hill and dale,
In terror the Locos fly,
Like chaff on the winter's gale,
The mountains aro ringing the shout,
The valleys re-echo again,
. And the rock-bound shores of the North
Are joyously swelling the strain.
, Hark, hark, to the loud acclaim,
That comes from the distant West,
They call for the son of fame,
Their q LA Y—the greatest and best.
. hark, Hark ! Hark, Hark !
Hark, Hark ! to the distant West.
Arise, ye Whigs of the East,
"Tie now the glorious day,
When all your votes should be cast
In support of Henry Clay.
The South is up in her strength,
Our will in triumph prevail
And the shout of a people free
Shall burthen the sweeping gale.
4 Like a whirlwind his fame has spread--
The mists have all cleared away—
The foe from the field has fled !
Then hurrah! for Henry Clay.
Hurrah! Hurrah!
Hurrah for Henry Clay.
Men will wrangle for religion; write for it;
f,lit for it ; dio for it ; any thing bitt—nr,for
zte:l.7', l l Intcltigs it cc, IDtmotioing, Voittio, 7Litrraturr, littoralitt), 3rto,glitiencm,agiviculturc, amoemnit, scr., tcc.
Proudly on High.
TUN E Sparkling and Bright."
Proudly on high, in the azure sky,
Our flag to the breeze is streaming,
Or. its folds broad -east, and nailed to the mast,
The eaten of CLAY is gleaming.
Cum..
Then swell the band, thro' all the land
Nor let the labor tarry ;
Let us greet from afar, with a loud huzza,
The cause of our gallant HARR,
With spirits elate, each marshalled State,
Forth into his ranks are wheeling—
Their triumphal notes on the breezes float,
List, list to their joyous pealing!
Then swell the band, &c.
The South and the North in their pride step forth,
And the East and the West are corning—
Like the whirlwind rout, their !nighty shout
On the mountain top is booming.
Then swell the band, &c.
The seamen that ride in the ships that glide
O'er the blue expanse of the ocean,
And the artizan throng, join the phalanx strong,
To keep the Whig Ball in motion.
Then swell the band, &c.
The tradesmen have sworn they'll no longer be shorn
By knaves they've solong been enduring—
The flamers have spoke, they will spurn All Polk
And fly from the thraldom of ruin.
Then swell the band, &c.
The patriots tone, of years by-gono
Our birth-right bids us remember—
To the field away, let our war n etc be CLAY !
And our triumph is sure in November.
Then swell the band, throughout the land,
Nor let the labor tarry ;
Let us greet from afar, with a hip, hurrah,
The cause of our gallant HARRY.
From the New Karen Palladium,
THE =LIFT DUEL.
True Account.
As we promised our correspondent that we
would state the facts in relation to this aflhir, which
has been revived in this election for the purpose of
connecting Mr. Clay unfavorably wills it, we pro
ceed to do so.
Jonathan Cilley was, in 1838, a Locofoco ntem•
bet of the Lower House of Congress front Maine
His brother is at the present time, an active and
influential Wbig in Nea, Hampshire. In the course
of a debate in the House, Mr. Cilley intimated,
that Co!. Webb, of the New York Courier and
Enquirer had received a bribe of $52,000, from the
U. States Bank : Upon this, Webb sent a chat
, lenge to Cilley by the hands of Mr. Graces, who,
though ever esteemed a most amiable man,yet with
his notions of that miserable code of false honor
which ho was educated to esteem as obligatory upon
gentlemen, felt that he could not decline to act as
the friend of Webb; ho therefore bore the chal
lenge. Cilley declined to receive it on the ground
that Webb was no gentleman.—According to the
duellist's code such a reason is,construed into an
insult to the person bearing the challenge, and the
quarrel then becomes his—and so both Graves and
Cilley understood the matter. During the pro
gress of the correspondence between slims:, Mr.
Graves became pretty well satisfied that if lie gave
the challenge, Cilley would select as the weapon
the deadly rifle, with which ho (Graves) was total
ly unacquainted. In this emergency, after the at
tempted explanatory correspondence had closed,
and of course all further negotiations had ceased
and Graves had written his challenge, he culled
with Wise upon Mr. Clay ; a practice that individ
uals and communities have always been in the !ta
lk of, when embarrassed—[so says Col. R. M.
Johnson and John Quincy Adams, and they say
also, that he is ever found a prudent adviser.]
Graves stated the case to Mr. Clay, and also inti
mated his fears as to the result in consequence of
his skill with the rifle. Mr. Clay, actuated both
by the common feeling of humanity, and a particu
lar desire to save his friend Graves, front exposure
to what appeared alMost certain death, told hint and
Mr. Wise that the affair ought to be amicably ad
justed, and ho believed it would be—but ho told
hint be should use milder language, so that the
door of reconciliation might still be left open.—
Mr. Clay penned a substitute which he thought
would be less offensive, and this is what the Loco
foco editors mean by pushing on the duel and
writing the challenge. Were ever truth and jus
tice more shamefully perverted I
Benton and Bynum were the advisers of Cilley
and his seconds, and they took the opposite ground
of Mr. Clay, and instead of using their efforts to
prevent the duel, they did all they could to bring it
on, and being perfectly confident that Graves
would fall, for Cilley was considered the best rifle
shot in Maine.
Mr. Clay, after he had oxpresseed his opinion
that the affair should be amicably adjusted, knew
nothing further of it until the noon of the day on
which the duel was fought—and being informed
that it was to take place, he advised the calling out
of the police upon all the routes which the parties
would he likely to take, and Mr. Clay himself with
Mr. Crittenden, Gen. Thompson, of S. C., and the
Marshal of the District, all started in pursuit to
stop an affair which every ono pronounced absurd.
Tho duelists eluded pursuit, and at the fourth lire
Gilley fella corpse. Yet this sante Henry A. Wise,
the disappointed politician, with Cilley's Locofoco
second, permitted these mon to stand and shoot at
...telt other four times. Even professed duelists coy
j - • Er:Da
this was barbarous, all things considered, but this motto was--« We can do our own work; we want
Henry A. Wise now insinuates that Clay was an none of Mr. Polies British Free Trade."
instigator of the duel. Among tho representatives from Salina were sev.
It was not until Wise had been defeated as the real wagons filled with 200 Ladies dressed in
Whig candidate for the speakership of the House, white, and who appeared to be a " leetle" the most
that he dared to insinuate any thing against Clay; enthusiastic of any who joined in tho celebration
nor would he then probably, if he had not been One of the banners was :--
writhing in agony under the lash, which John I The ladies cannot quiet stny,
Quincy Adams laid upon hint for lie cold blooded While all the world hurrah for Clay.
conduct in that duel. Then Ile broke forth as fol. Another banner informed us that although the
lows : fair damsels were decidedly in favor of n Annesa
__
With regard to the preliminaries of that duel,
it was not my advice, but that of a higher, better
and more distinguished man, that was relied on."
From this little beginning has originated all the
vile slander that has been heaped upon Clay in re
gard to that duel. Wise, Benton, Bynum, and the
whole crow of Locofoco murderers, have endeavored
to make Clay the scope goat for their sins.
But what effect does this abuse of Clay have
upon the venerable Adams, the hater of duelists.
Ho said while on his late visit in Ohio as fol
lows:
"I have ever found him (Clay) not only ono of
the ablest men whom I ever co-opernted with, but
one of the moat amiable and worthy."
We close this sketch of this duel with an extract
from the letter of Graves, the unfortunate man
whose days are full of bitterness for having caused
the death of Cilley by the rifle in his hand.
Graves on !canting, the dastardly course of Wise
addressed to Clay a calm statement of the affair,
and of Clay's agency in it. Wo extract as fol
lows
"From the commencement of tho difficulty be
tween Cilley and myself, up to the time I sent him
the challenge, I do not recollect that I mentioned it
to you or any other colleague or friend, except
Manifee and Wise. I know it was the purpose to
communicate on the subject with such persons only
as I had determined to select ns my friends, should
the matter not terminate amicably.—Hence my
friend and colleague, Southgate, who sat by my
side nt the table when I wrote the correspondence,
know not a word of the affair until it was over. I
hoped from the first that it would be amicably ad
justed, and felt a strong solicitude that it should be
known to as few persons es possible.
I do not recollect naming the subject to you un- ;
til the morning before the meeting, when I called nt
your room, I think in company with Wise. and ex
hibited to you the correspondence, and perhaps de
tailed the circumstance of the affair, I remember
that you suggested to me some modifications in the
phraseology of the challenge which I had written,
by which milder language was einpleyed, and lii6
door was not so completely closed against adjust
ment. I reccollect well, at the time you suggested
rho modification, which I believe was mitten try
I yourself on another piece of paper, you stated that
I you thought the matter ought to he and would be
amicably adjusted; and in thie I remember Wise con
curred with you in opinion. I recollect this the
better, from the conviction, resting on my mind at
the time, that there were influences which I thought
I saw more fully than any of my friends that mill
! toted against this view of the subject; some of
which I think I mentioned to you in reply to your
suggestion that you thought the matter would be
adjusted without a hostile meeting. I adopted your
form, with but little or no modification, and I sup
' pose destroyed it, and that drawn by myself.
It is utterly untrue that you ever exhibited to me
any wish that the meeting should take place. I be
lieve I had no friend in Washington who more re
gretted it. I recollect after the Weir, when we met
at your boarding house, you seemed to sympa
thise most deeply with me in my misfortune : you
wept and were unable to utter a word."
Z-Mr. Clay " WEPT," says Graves, and was
"unable to utter a word." This is the man that
the locofocos, who supported General Jackson, who
murdered a man in cold blood, dare to stigmatize as
a duelist and promoter of duels.
Now Torii rising 20 000 Ononda.
gas in the Field,
Nothing in the memorable campaign of 1840,
says the Forum, could have equalled the great
gathering at SyrncuBb, New York, on Saturday.
A brief outline sketch occupies more than three
long columns of the last Albany Journal. The
least estimate of the number assembled is 20,000,
but no more statement could give an adequate idea
of 'ho unparralled spectacle presented by the vast
l,,cLssion. Trains of teams miles in length came
in from all parts of the surrounding country. That
from the northern parts of the county alone embra
ced 417 vehicles, including 5,000 persons, and ex
tending more than three miles ! Upwards of 1600
came together in a train of cars from Auburn. A
long procession from Lysander included a mam
moth omnibus drawn by 12 yoke of oxen.
Nearly every trade and occupation in life was
represented by appropriate symbols, and 44 The Ta
riff as it is" streamed out on innumerable banners.
hatters, shoemakers, salt boilers, coopers, farmers,
&c. had their trades exhibited on teams, with cha
racteristic mottoes, such as that of the salt boilers
We'll furnish salt for all the folk
Who want to rt CKLE Jemmy Polk."
Then the Coopers--
" To make a good cask,
A Tariff wo ask."
And the Farmers—
" We leave our hay
To honor Clay."
Then canto the Blacksmiths, with furnace, bel
lows, sledges, &c. &c., in full operation. Upon
their banner was inscribed—" Our sledges shall not
be used to weld Texas to the Union." Next came
the Shoemakers, pegging end rowing away at a
groat rate. "We want no foreign shoes free of
duty," was the message which was sent by them to
the locos, greeting ! Then followed the Tailors,
busily engaged in taking a stitch in time." Their
lion," it must neither be accomplished by " Dis
honor" nor " Slavery."
The vast assemblage was graced by the presence
of more than 2000 ladies.
SPEECH OF MR, MILES,
In the House rf Representatives on the 22d Jan
uary, 1841, on a motion to instruct our Mem
bers of Cons,eress to advocate a distribution of
the Proceeds of the Public Lands among the
several States.
Mr. MILES said he had thought on yesterday,
that he would not take part in this debate, as prompt
action was of so much importance ; but a cull had
been made, by the gentlemen front Luzerne, upon
some of the members of the party with which he
has the honor of acting, to give their reasons for
the passage of the resolutions under consideration.
He rose to respond to that call, and odd a few re
marks, to those already so ably made, by the gen
tleman from Crawford, to show the nature of the
claim, we as Pennsylvanians, make upon the gen
eral government, for a portion of the proceeds of
the public lands. He wanted to demonstrate, that
June Irma, _ Pr ,
cisely like that of Virginia and North Carolina.—
(Mr. M. here remarked that he cited those deeds
front the veto message of President Jackson on Mr. ;
Clay's land bill, which passed both houses of Con
gress in the session of i 832-3, and he knew this
document would be received as good autlio6.y by at
least one portion of the House.) Now, sir, what
is the legal construction of these deeds? end what
estate do they pass, and for whose benefit? If the
ease had depended alone upon the deeds executed
prior to the adoption of the Constitution, when the
States were bound together only by the ankles of
confederation, there might have been sotnedifficulty
in arriving at a correct conclusion ; Inn taking the
terms ot , the North Carolina and Georgia deeds in
to consideration, all difficulty of construction seems
to vanish. h will ho recollected these two deeds
were executed, idler we had Locum, so far as the I
general government is concerned one people, ('. we
the people of the United States in order, hie. do or
dain and establish thin Constitution" &c.) This
instrument made us a nation of people instead of
a confederation of States, to the extent of the pow
ers vested ill the national government. The con- 1
strUction, for which we contend, is, that the deeds
vested the legal title in the Government of the
Union, subject to an express trust, for the benefit of
the whole of the States composing the Union, in I
severalty ; that is, for their benefit, as distinct and
independent States, and not for the benefit of that
unit, or indivisible corporate being, known by the
name of a 2he United Stake," deriving its legal
existence from the Constitution. By the adoption
of that instrument, so fur as national purposes are
concerned, except in one branch of the legislature,
the existence of the States is, in the main, merged
in the National existence; but as to all the pow
ers not delegated to the Government of the Union,
the States still maiii•ain a distinct independent ex
istence. Keeping this distinction, then, in view,
how can the words in the North Carolina deed,
shall be considered as a cosmos; rust, for Meuse
and benefit of the United States of America, N.
CAROLINA I se LOS IT E, " be reconciled with the sup
position of a use declared for the United States as
an indivisible corporate being, a unit, created by the
Constitution? As such, North Carolina has no
independent existence, as an essential ingredient or
component part of that indivisible corporate being.
But hero is a reservation of a right, or a limitation
of a use, distinctly to North Carolina herself, as an
indetlemlent being. 'Phis alone ought to be enough
to establish the position that the limitation of the
uses of this deed, was to the States separately as
STAT., and not to the UNION known by the arbi
trary name of "The United States."
But 110 W is this construction fortified when we
turn to the next succeeding words in the deed,
according to their respective and usual propor
tions of the general charge and expenditure," Ste?
Here, then, was an invitation and a recommends- Here is a further limitation of the uses of the deed
don to the states, to make cessions under the terms to a plurality of beings, and a basis laid down for
and upon the faith of this resolution. The people a distribution amongst them then, "according Is
of the respective states were still animated by a corn- their respective and usual proportions,"
mon spirit of patriotism. They remembered their I 'ri t es° are plain distributive terms which admit of
common toils and common dangers, in defence of the I but one construction. Now these words would be
whole of the confederated suites, and they felt the j
utt e rly useless sod without rational meaning in the
necessity ofproviding a fund for the payment of the I connexion in which they are found, if it is sump°.
common debt, and tine imperious necessity of re- ed the grant is absolute to the Union as a nation,
moving all cause of quarrel between themselves.— and that there is nothing reserved fur distribution
Influenced by these patriotic motives, they made amongst the states. To whom would those in that
the cessions upon the basis of the resolution of Con- ease, be any distribution l To what are these dis
gress, New York lending the way. Her deed of tributive terms to be applied? It is a rule, in tine
cession bears date the Ist March, 1781, one of the I construction of deeds, that every word must stand
limitations or conditions of which is in the follow- —must be taken into consideration in ascertaining
ing words: the meaning of the instrument, if each can stand
a Shall be and enure for the use and benefit of I consistently with the other words used. Upon our
Buell of the United States. shall become members
construction, all the words used, harmonise and
of the federal alliance of the said states, mid fur no
stand together ; but the opposite construction would
other use or purpose Whatsoever."
render them void of rational meaning. The deed,
Virginia made her cession on the 7th March,
1784, one of the limitations of which was as fol-
therefore must mean that the legal estate is vested
lows:
in the Government of the Union in trust for the
"That all the lands within the territory so ceded
benefit of the several states. And it has before been
to the United States and not reserved for or appro. stated, that there was a two-fold reason for the cre-
• •
Is founded on the clearest principles of law and
equity. It was here, he entrenched himself—on
the legal and equitable principles governing the con
struction of the very deeds under which the U. S.
government holds the lands in question. What,
sir, wore the circumstances under which those
deeds were executed? This country was a vast
wilderness, without known boundaries, inhabited
alone by savages and beasts of prey, and a large
portion of it was claimed by the crown of Eng
land, upon the ground of priority of discovery.—
Special grants of territory, undefined in their limits,
were made, from time to time, by that crown, to
colonists, who crossed the trackless ocean, fleeing
front the oppressions of the old world, to plant the
standard of liberty in the western wilds. Whether
them is were, made, witlk or without right, le
gally or illegally, is of no•iriportance in this en
quiry. They were lecognized and acted upon, but
were uncertain in extent, retching, in the language
of some of the charters, from sea to sea." The
grantees established colonies, opened settlements,
adopted laws far their own government, and grew in
population, resources and wealth, until their prosper
ous condition excited the cupidity of the rulers of
the country which gave them birth. Again, the
hand of oppressive power was laid heavily upon
them; but the spirit of freedom animated their
bosoms, and, although they were distinct people in
their colonial governments, yet as a band of bro
thers, they united and confederated together, to dc
fend themselves against the common invader of
their rights. They faugth, together—their mingled
blood enriched the sante ground, and their proper
ty was freely given, for a common purpose. Bet
notwithstanding the nature of the external circum
stances which tended to thole union, there were
internal difficulties which were calculated to es
trange and separate them. A heavy debt, incurred
in their common defence, was to be apportioned
amongst them—and the uncertain and conflicting
boundaries of their original royal grants were to be
adjusted in accordance with their respective rights.
These things were calculated to produce strife, wa r
and bloodshed amongst themselves, (1 v. Story on
Con. 214-15.) As this common debt was to be
paid, and as it was of vital consequence to the peace
of the confederated states, that these causes of diffi
culty and dissatisthetion should be removed, to pro.
vide a 'norms for the extinguishment of the one, and
for the removal of the other, the Congress of the
' confederated states invited the several slates to cede
their lands to the United States, and in the year
1780 adopted the following resolution, to wit:
That the unappropriated lands that may be cc
- (led or relinyuished to the United States by any
particatar state, pursuant to the recommendation
of Congress, shall be disposed qf for the common
benefit of the United States,"-44 v. Niles Beg.
339.
printed to any of the before mentioned purposes, or
disposed of in bounties to the Officers and soldiers
of the American army, shall be considered as a
common fund for the use and benefit of such of the
United States as have become or shall become niem
berm of the confederation, or federal alliance of the
said states, VIRGINIA INCLUSIVE, according to
their usual respective proportions in the general
charge andexpenditure, and shall befaithfitilll and
bona fide disposed of for that purpose, and.Thr no
other use or purpose whatsoever." 45 v. Niles'
Reg. 270—Veto of the Land Bill.
Now these two cessions were'rnede before the
adoption of the constitution. Within the years
1785-6-7, Massachusetts, Connecticut, and
South Carolina, ceded their claims upon similar
terms. 45 Niles' Reg. 286. The constitution was
adopted on the 17th Sept. 1787, and the govern
meat of the United States went into operation un
der it on the 4th March, 1789. The cessions of
North Carolina and Georgia were made after the
government was in full operation under the constitu
tion. The deed from North Carolina was execu
ted in Dec. 1789, and accepted by an act of Con
gress approved April 2, 1790. 45 Niles' Reg.
990. The third condition of this cession was in
the following words, viz:
That all the lands intended to be ceded by vir
tue of this act to the United States of America and
nut appropriated as before mentioned, shall be con
sidered as a common fund for the use and benefit
of the United States of America, North Carolina
inelmvive,t according to their respective and usual
proportions of the general charge and expenditure,
and shall be faithfully disposed of for that pur
pose, and for no other use or purpose whatever."
The cession of Georgia was completed en the 16th
of June 1802, and in its leading condition, is
4a4aab d
ation of such a trust. First, to provide a common
fund fur the payment of the debt incurred in the
common defence of the liberties of the grantors or
cessors. Secondly, to remove all causes of jealousy
and strife between the ceding states. When the
debt of the revolution was extinguished, the states
had aright to have the proceeds distributed accord
ing to the basis laid down in the deeds--which is
in the same proportions in which the burthen of
taxation would have to be borne its case taxes had
to be constributed to meet the expenses of Govern
ment. It is then clear and manifest, if this reason
ing be correct, that the general government has tad
right to cede these lands to the states in which They
lie, nor has she a right to withhold the procceb
from the states: If it Were not inconsistent w it's
her sovereighty to be aunt, a court of chancery
would compel her to execute the trust. But you
must petition a sovereign for justice, for it is in
consistent with his prerogatives to be sued. There
is therefore no way of compelling the United States
government to execute this trust, and the only rem
edy we have is to make our appeal in the halls of
Congress.
But we have been told that we are presenting
humiliating spectacle—that the great Common
wealth of Pennsylvania is made to bow down at
the foot•atool of power and beg for a few crumbs 1"
What sir! is it humiliating to claitn the rights that
have limit withholden from us, itt the only way
is which we can claiM them ? Is it humiliating,to call
upon those who hold our property under a trust,
to execute that trust according to the terms of the
trust deed ? It would be a fraud upon the states,
to refuse to execute it, for they wore induced to
make the cessions, by the resolution of Congress
of 1780 before noticed.
Again we have been told, by the gentleman
from Fayette„ (Mr. Fletutikin) that the resolu
tions, taken in connexion with the Journal;
will present a strange contradiction—that when
his colleague (Mr. Fuller) offered an amendment,
affirming the right of instruction and declaring it
to be the sense of the House, that our Senators
should either obey or resign, we voted it down,
thereby virtually denying the right of the constit
uent, to instruct his representative—and yet, (deny
ing the right,) we instruct. The soundness of this
view of the subject, is not perceived. Is it to be pre
sumed that our Senators will disregard our instruc
tions 1 Sir ! wears disposed to treat them as gentle.
men, and not to offend their sense of their own digni
ty, by embodying in our instuctiems, an imperious
command, "you shun obey or resign !" The intro
duction of matter of this description, might well be
regarded as ground for suspicion, that there was
more of a desire evinced, to vacate the seats of our
Senators-- than to accomplsilt the professed object
of the resolutions, to wit t a distribution of the pro
!
coeds of the public lands, which Mr. M. trusted
was the object all the friends of the resolutions
have at heart. It would imply doubts, too, wheth
er our Senators would obey instructions—but no
such double are entertained. There has been there•
fore, no good reason assigned, for permitting the
en,tnics of the resolutions to load them with matter,
which could do no good, and might do on injury—;
might defeat the very object sought to be emerit
i
plished--for if anything would justify our Repro;
aentatives in the senate, in refusing obedience •td
our instructions—it would be the placing on their
face, declarations of a character, injurious to their
1 feelings as gentlemen capable of comprehending the
delicate relations between the constituent and rep
! resentative.
Something has been said in the course of this
debate about pre-emption, and that those in favor
of the distribution of the proceeds of the public
lands, were opposed to this feature in our land sys
tem, which it is said, is for the benefit of the poor
settler. This charge was not well founded. The
friends of distribution are not opposed to the pre
emption principle so applied as to benefit the poor
Loan fide settler--and their votes in Congress
have shown that they are the real friends of the
industrious poor. But they are opposed to such a
pre-emption as will throw our common inheritance
into the hands of wealthy speculators, to the preju ,
dice of the interests of the Slides. The pre-emp ,
tion bill under discussion in the Senate of the UM ,
ted States, would enable a speculator to select any
of the public lands surveyed or unsurveyed, put up
a log cabin thereon, inhabit it a short time, then
leave it and claim a pre-emption title to have the
land at government price, talung the very prime
lands, and preventing all competition between bid
ders at the public sales authorized by the system
which has been in operation for years. There is
nothing on the face of that bill, it is believed, that
goes to prevent the pre-emption privilege from be
ing used by wealthy speculators, to the injury and
prejudice of the poor actual settler. Indeed it
seems to be artfully worded so as to make its moan
ing ambiguous in reference to the requisites of a
pre-emption title. It has none of the guards--
thrown around our pre-emption title in Pennsylva;
nits. The only title depending upon an actual act ,
Clement recognized by the laws of this State, is de. ,
fined by the act of Assembly of the 30th Decem
ber, 1786, in the following terms, to wit : That
by a settlement should be understood, an actual
personal resident settlement, with a manifest inten
tion of making it a place of abode, and the means
of supporting a family, and continued front time to
time, unless interrupted by the enemy, or by going
into the military service of this country during the
war." Now there is nothing in the printed copy
of the bill that has been read in the hearing of