Page:Niles' Weekly Register, v37.djvu/455

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NILES' REGISTER—FEB. 20, 1830—DEBATE IN THE SENATE.
439

portion of the country has acted either with more liberality or more intelligence on the the subject of the western lands in the new states, than New England. This statement though strong, is no stronger than the strictest truth will warrant. Let us look at the historical facts. So soon as the cessions were obtained, it became necessary to make provision for the government and disposition of the territory—the country was to be governed. This, for the present it was obvious must be by some territorial system of administration. But the soil, also was to be granted and settled. Those immense regions, huge enough almost for an empire were to be appropriated to private ownership. How was this best to be done? What system for sale and disposition should be adopted? Two modes for conducting the sales presented themselves; the one southern, and the other a northern mode. It would be tedious sir, here, to run out these different systems into all their distinctions, and to contrast their opposite results. That which was adopted, was the northern system, and is that which we now see in successful operation in all the new states. That which was rejected, was the system of warrants, surveys, entry, and location such as prevails south of the Ohio. It it not necessary to extend these remarks into invidious comparisons. This last system, is that which, as has been emphatically said, has shingled over the country to which it was applied with so many conflicting titles and claims. Every body acquainted with the subject, knows how easily it leads to speculation and litigation—two great calamities in a new country. From the system actually established, these evils are banished. Now, sir in effecting this great measure, the first important measure on the whole subject, New England acted with vigor and effect, and the latest posterity of those who settled northwest of the Ohio, will have reason to remember with gratitude her patriotism and her wisdom. The system adopted was her own system. She knew, for she had tried and proved its value. It was the old fashioned way of surveying lands before the issuing of any title papers, and then of inserting accurate and precise descriptions in the patents or grants, and proceding with regular reference to metes and bounds.—This gives to original titles derived from government a certain and fixed character; it cuts up litigation by the roots, and the settler commences his labors with the assurance that he has a clear title. It is easy to perceive, but not easy to measure, the importance of this in a new country. New England gave this system to the west and while it remains, there will be spread over all the west, one monument of her intelligence in matters of government, and her practical good sense.

At the foundation of the Constitution of these new, northwestern states, we are accustomed, sir, to praise the lawgivers of antiquity; we help to perpetuate the fame of Solon and Lycurgus. but I doubt whether one single law of any lawgiver, ancient or modern, has produced effects of more distinct, marked, and lasting character then the ordinance of '87. That instrument, was drawn by NATHAN DANE, then, and now a citizen of Massachusetts. It was adopted, as I think I have understood, without the slightest alteration, and certainly it has happened to few men to be the authors of a political measure of more large and enduring consequence. It fixed forever, the character of the population in the vast regions north-west of the Ohio, by excluding from them involuntary servitude. It impressed on the soil itself, while it was yet a wilderness, an incapacity to rear up any other than free men. It laid the interdict against personal servitude, in original compact, not only deeper than all local law, but deeper, also, than all local constitutions. Under the circumstances then existing, I look upon this original and seasonable provision, as a real good attained. We see its consequences at this moment, and we shall never cease to see them, perhaps, while the Ohio shall flow. It was a great and salutary measure of prevention. Sir, I should fear the rebuke of no intelligent gentleman of Kentucky, were I to ask whether if such an ordinance could have been applied to his own state, while it yet was a wilderness, and before Boon had passed the gap of the Alleghany, he does not suppose it would have contributed to the ultimate greatness of that commonwealth? It is, at any rate, nor to doubted, that where it did apply it has produced an effect not easily to be described, or measured in the growth of the states, and the extent and increase of their population.

Now, Sir, this great measure, again was carried by the north and by the north alone. There were, indeed, individuals elsewhere favorable to it, but it was supported as a measure, entirely by the votes of the northern states. If New England had been governed by the narrow and selfish views now ascribed to her, this very measure was, of all others the best calculated to thwart her purposes. It was, of all means of rendering certain a vast emigration from her own population to the west. She looked to that consequence only to disregard it. She deemed the regulation a most useful one to the states that would spring up on the territory and advantageous to the country at large. She adhered to the principle of it perseveringly, year after year until it was finally accomplished.

Leaving then, Mr. President, these two great and leading measures and coming down to our own times what is there in the history of recent measures of government that exposes New England to this accusation of hostility to western interests? I assert, boldly, that in all measures conductive to the welfare of the west since my aquaintance here, no part of the country has manifested a more liberal policy. I beg to say sir, that I do not state this with a view of claiming for her any special regard on that account. Not at all. She does not place her of support of measures on the ground of favor conferred—far otherwise. Wbat she has done has been consonant to her view of the general good, and therefore she has done it. She has sought to make no gain of it; on the contrary individuals may have felt undoubtedly some natural regret, at finding the relative importance of their own states diminished, by the growth of the west. But New England has regarded that as in the natural course of things and has never complained of it. Let me see sir, any one measure favorable to the west which has been opposed by New England since the government bestowed its attention to these western improvements. Select what you will, if it be a measure of acknowledged utility I answer for it it will be found that not only were New England votes for it, but that New England votes carried it. Will you take the Cumberland road? who has made that? Will you take the.: Portland canal, whose support carried that bill? Sir, at what period beyond the Greek kalends could these measures or measures like these, have been accomplished, had they depended on the votes of the southern gentlemen? Why, sir, we know that we must have waited till the constitutional notions of those gentlemen had undergone an entire change. Generally speaking, they have done nothing and can do nothing. All that has been effected, has been done by the votes of reprobated New England. I undertake to say, that if you look to the votes on any one of these measures and strike out from the list of ayes the names of New England members it will be found that in every case, the south would then have voted down the west and the measure would have failed. I do not believe that any instance can be found where this is not strictly true. I do not believe that one dollar has been expended for these purposes beyond the mountains, which could have been obtained without cordial co-operation and support from New England.

Sir, I put the question to the west itself. Let gentlemen who have sat here ten years, come forth and declare by what aids, and by whose votes, they have succeeded in measures deemed of essential importance to their part of the country. To all men of sense and candor in or out of congress, who have any knowledge upon the subject, New England may appeal for refutation of the reproach now attempted to be cast upon her, in this respect.

I take liberty to repeat, that I make no claim on behalf New England, or an account of that which I have not stated. She does not profess to have acted out of favor, for it would not become her so to have acted. She solicits for no especial thanks; but in the consciousness of having done her duty in these things, uprightly and honestly, and with a fair and liberal spirit, be assured she will repel, whenever she thinks the occasion calls for it, groundless imputation of partiality and selfishness.