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Upon the whole, therefore, I am of opinion as to holders. By the civil law the soil of the bed of this first point, that the soil of the bed of this navi-navigadle rivers is not held as a national domain, gable water course now claimed by the parties to but by the common law it is always considered as this action, never was conveyed by the lord proprie- such, until the contrary can be expressly shewntary to James Todd by the patent for Todd's Range, And this, according to all writers upon the subject, because king Charles the first could not, consistent is the only difference between the two codes; in ly with the provisions of magna charta, make such all other respects, and in every other principle, as an alienation, and therefore he could not, nor has regards this subject, they are precisely alike. not by the charter of Maryland, conferred upon the It is a principle of the common law, and I beJord proprietary the power to make such an aliena-lieve I might add with safety, of all civilized nation; because whatever the king of England's pow-tions, that all derelictions, or insular formations of, er might have been, the lord proprietary had no au- or upon the bed of any water course whatever, thority to make such an alienation, the right to shall accrue and belong to him, or to the state who land during its submersion under navigable water was the owner of the bed when covered with water. having been expressly reserved to the king or for In England, as we have seen, the derelictions, the the benefit of the British empire by the charter of insular formations, and the wreck floating over the Maryland; and because whatever might have been bed of the Severn in some parts, were held to be the king's or the lord proprietary's power in this re-long to lord Barclay; because, he was the owner of spect, yet land so situated under a navigable river the soil covered by the waters of the Severn in that could not, nor would not pass by mere general ex-district as parcel of his manor. And in all other pressions, without being specifically and specially cases, we have seen, that such derelictions, insu described. lar formations and wreck are held to belong to the Having thus established this first position, as to king or to the state upon the same principle, that the manner in which the land covered by this river the soil covered by the water was royal or nationwas held, what remains of this case is plain and mayal domain-"and, as lord Hale expresses it, by be condensed into a very small compass. The on ly question yet to be decided is, does this land, which was once covered by the navigable water of Jones' Falls, belong to the state, to those who claim under Todd or to either of them? This will be determined at once by ascertaining what is the true legal character of this new formation of dry and.

way of consequence or concomitance, the land re. licted will belong to the former owner of such districtus maris”--Hale de ju. mar. 32. Alluvion then, is a perquisite given to the riparious holder; and derelictions, and insular formations, are perquisites given to the owner of the soil when it shall be abandoned or arise above the waters with which it was covered. If land covered by water be the proper. ty of the state it shall, when uncovered and the waters are removed, continue to be the property of the state.

It is no less curious than agreeable and satisfactory to observe, what an entire uniformity of principle has existed at all times, and is now to be found, in the code of all civilized nations upon this subject. These principles of law, it appears, are univer They all recognize the distinction between the allu- sal; and, it is believed, that whether our attention vion, and the dereliction of a river or of the sea from be directed to the waters of the Tiber or the its bed, they all make the same distinction between Thames, the Rhine or to the Ganges, Gentoo laws the gradual accretions to the banks, and the forma-162, their alluvion, their derelictions, and their in. tions on, or desertions of the bottom; and they all, sular formations will be found to have been disthence, deduce the same rights to the new forma-posed of according to the same rules and principles tions.

of law. The canal cut by Drusus, the adopted son Alluvion is, as the etymology of the word, from and the virtuous and distinguished general of the ad and luo, imports a washing to the bank by the emperor Augustus, from the Rhine to the Issel, waters. It must be gradually produced by the act which laid bare many miles of the channel previous. of the waters themselves; for, if it proceed from any ly occupied by the former of those great rivers, and other cause, or instead of being a gradual washing gave to modern Holland many thousands of acres to the shore, it be an entire mass torn from one of its most fertile fields; and the circumstance of place and cast on to another, it may be followed, the insular formation in the Tiber, began more than and shall continue to belong to its original owner. five hundred years before the christian ara, when Alluvion is given as a perquisite to the ripari- the Roman people expelled the proud Tarquin, ous holder to whose bank it is washed and at consecrated his field to Mars and threw the crop tached by the waters. The land in question, 1 they found lying on it into the Tiber, where it this case, is not, however, claimed as alluvion; all lodged and formed that fine island called the Insupretensions to it, as such, have been totally and abla Saera, which the republic adorned with so many solutely abandoned by the counsel for the plain tiff; and in my opinion very justly, for it certainly cannot be considered in any respect as what the law ealls alluvion. Geologists, it is true, give to the word alluvion a more comprehensive sense, they In this case, the bed of Jones' Falls, so far as it treat of alluvial, as contradistinguished from primi was navigable, never having been granted to any intive formations, and in that sense alluvion would dividual, the right still continues in the state to comprehend not only what the law deems to be al-the land where this dereliction has taken place; and luvion, but all the derelictions of the waters, as well as all insular formations.

It would seem, according to the most respectable authorities, that by the Roman law, the soil of the beds of all rivers, whether navigable or not, is given to the owner of the banks; like the soil covered by those small private streams, the middle of which, according to the English law, it is declared shall be the line between the property of the riparious

temples, alike indicate how extensively these prin ciples may have operated in some countries, and how solemnly they have been sanctioned by the lapse of ages, and the most venerable antiquity.

therefore, neither of the contending parties now before the court, by any thing yet shewn, have any claim to it whatever; and consequently, it is my opinion, that the plaintiff cannot recover.

Judge Hanson then, immediately after, delivered his opinion at large, in which he differed in all respects from the foregoing. Dorsey, chiefjudge, having been counsel in the case did not sit.

CONGRESS.

WASHINGTON, December 2. Yesterday being the day appointed by the consti. tution for the annual meeting of congress, the members of both branches assembled at the capitol towards mid-day, and both houses organized themselves, and adopted the usual preliminary rules of

business.

IN THE SENATE.

At 12 o'clock, Mr. Gaillard, (the president pro tempore of the senate the time the senate last adjourned) took the chair.

On calling over the list of senators, it appeared that the following members were present, viz. From New-Hampshire, Messrs. Morril and Storer; from Rhode Island, Mr. James Burrill, jr., from Connecticut, Mr. David Daggett; from Vermont, Messrs. James Fisk and Isaac Tichenor; from New York, Messrs. Rufus King and Nathan Sandford; from New Jersey, Messrs. James J. Wilson and Mahlon Dickerson; from Pennsylvania, Messrs. Abner Lacock and Jonathan Roberts; from Virginia, Messrs. James Barbour and John W Eppes; from NorthCarolina, Mr. Nathaniel Macon; from South-Carolina, Mr. Smith; from Georgia, Mr. Charles Tait; from Kentucky, Mr. John J. Crittenden; from Tennessee, Mr. John Williams; from Ohio, Mr. Bej, Ruggles; from Indiana, Messrs. Waller Taylor and James Noble; from Mississippi, Messrs. Thomas H. Williams and Walter Leake.

The new members present having been qualified (with the exception of the senators from Mississippi, which state is not yet recognized by the congress)-the usual rules of proceeding and arrangement were adopted. A committee was ap. pointed to wait on the president, jointly, with such committee as the other house should appoint. And the senate adjourned.

December 2.—Mr. Otis, from Massachusetts, ap. peared and took his seat to day.

The president's message was received and read, and 2000 copies ordered to be printed. Adjourned. Wednesday, December 3—Mr. Goldsborough, from Maryland, appeared and took his seat.

Mr. Barbour, from a committee appointed on that subject, reported a resolution for the admission of the state of Mississippi into the Union; which was read three several times, passed and sent to the other house for concurrence. Adjourned,

ROUSE OF REPRESENTATIVES.

December 1.-The house was called to order by the clerk to the last congress, (Mr. Thomas Dough erty) and, on calling over the roll of representatives, it appeared that a large majority of members were present, viz.

1

From New Hampshire-Messrs. Josiah Buder, C. Claggett, Salina Hale, Arthur Livermore, John F. Parroti, Nathaniel Upham.

From Massachusetts-Messrs. Benjamin Adams, Samuel C. Allen, Walter Folger, jr. Joshua Gage, John Holmes, Marcus Morton, Jeremiah Nelson, Benjamin Orr, Albion K. Parris, Nathaniel Ruggles, Zabdiel Simpson, Henry Shaw, Nathaniel Silsbee, Solomon Strong, Ezekiel Whitman.

From Rhode Island-Mr. John L. Boss, jr. From Connecticut-Messrs. Uriel Holmes, Ebe nezer Huntingdon, Jonathan O. Mosely, Timothy Pitkin, Samuel B. Sherwood, Nath'l Terry, Thos. S. Williams.

From Vermont-Messrs. Heman Allen, Samuel C. Crafts, Wm. Hunter, Orasmus C. Merril, Charles Rich, Mark Richards.

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From New-York-Messrs. Oliver C. Comstock,
Daniel Cruger, John P. Cushman, John K. Drake,
ner, Thomas H. Hubbard, Wm. Irving, Dorrance
Benjamin Ellicott, Josiah Hasbronek, John Herki
Kirtland, Thos. Lawyer, Jolin Palmer, Jas. Porter,
John Savage, Philip J Schuyler, Tredwell Scudder,
John W. Taylor, Caleb Tompkins, Geo. Townsend,
no. C. Spencer, Henry R. Storrs, Jas. Tallmadge, jr.
Peter H. Wendover, Rensellaer Westerlo, Jas. W.
Wilkin, Isaac Williams.

From New-Jersey-Messrs. Benj. Bennett, Joseph
Bloomfield, Chas. Kinsey, John Linn, Henry South-
ward.

From Pennsylvania-Messrs. William Anderson, Andrew Boden, Isaac Darlington, Joseph Heister, Joseph Hopkinson, Samuel D. Ingham, William P. Maclay, David Marchand, Robert Moore, Jas. Murbert, Jacob Spangler, Christian Tarr, James M. ay, Thomas Patterson, Levi Pawling, Adam SeyWallace, John Whitside, Wm. Wilson.

From Delaware-Mr. Louis McLane.

From Maryland-Messrs. Thos. Culbreth, John C. Herbert, Peter Little, Geo. Peter, Philip Reed, Samuel Ringgold, Samuel Smith, Philip Stuart. From Virginia-Messrs. Wm. Lee Ball, Philip P. Barbour, Burwell Bassett, Wm. A. Burwell, Edw'd Colston, Robert S. Garnett, Wm. McCoy, Charles F. Mercer, Hugh Nelson, Thomas Newton, James Pleasants, Alexander Smyth, George F. Strother, Henry St. George Tucker, John Tyler.

Edwards, Daniel M. Forney, Thomas H. Hall, Geo. Mumford, James Owen, Lemuel Sawyer, Thos. Settle, Jesse Slocumb, J. S. Smith, Felix Walker, Louis Wil

From North Carolina-Messrs.

liams.

From South-Carolina-Messrs. Joseph Bellinger, Wm. Lowndes, Henry Middleton, Stephen D. Miller, Sterling Tucker,

From Georgia-Joel Abbott, Thomas W. Cobb, Zadock. Cook, Joel Crawford, John Forsyth, Wm. Terrel.

From Kentucky-Rich'd C. Anderson, jr. Henry Clay, Joseph Desha, Richard M. Johnson, Anthony New, Tanstall Quarrels, jr. Geo. Robertson, Thos. Speed, David Trimble, David Walker.

From Tennessee-Messrs. Wm. G. Blount, Francis Jones, Geo. W. L. Marr, John Rhea.

From Ohio-Messrs. Levi Barber, Philemon Beej cher, John W. Campbell, Samuel Herrick, Wm. II.

Harrison.

From Louisiana-Mr. Thomas B. Robertson.
From Indiana-Mr. Wm. Hendricks.

The house then proceeded to the choice of a
Speaker. On counting the votes, it appeared that
of 147 votes given in, there were for
Henry Clay
Samuel Smith
Blank

140

6
1

So that Mr. CLAY was declared to be duly elected Speaker; and being conducted to the chair, the usual oath was administered to him by Mr. BASSETT: when the Speaker made his acknowledgements to the house in the following terms:

"If we consider, gentlemen, the free and illustrious origin of this assembly; the extent and magnitude of the interests committed to its charge, and the brilliant prospects of the rising confederacy, whose destiny may be materially affected by the legislation of congress, the house of representatives justly ranks amongst the most eminent deliberative bodies that have existed. To be appointed to And I pray preside at its deliberations is an exalted honor of of which I entertain the highest sense. you to accept, for the flattering manner in which

you have conferred it, my profound acknowledge-agreed, that the force retained shall be restricted, in its duty, to the internal purposes of each party:

ments.

If I bring into the chair, gentlemen, the advan- and that the arrangement shall remain in force untage of some experience of its duties, far from in- til six months shall have expired, after notice hav. spiring me with undue confidence, that experience ing been given by one of the parties to the other serves only to fill me with distrust of my own capa- of it desire that it should terminate. By this arcity. I have been taught by it how arduous those rangement, useless expense on both sides, and duties are, and how unavailing would be any efforts what is of still greater importance, the danger of colof mine to discharge them without the liberal sup- lision, between armed vessels, in those inland port and cheering countenance of the house. I waters, which was great, is prevented. shall anxiously seek, gentlemen, to merit that sup- I have the satisfaction also to state, that the comport and countenance by an undeviating aim at im- missioners under the fourth article of the treaty of partiality; and at the preservation of that decorum, Ghent, to whom it was referred to decide, to which without the observance of which the public busi-party the several islands in the bay of Passamaquod. ness must be illy transacted and the dignity and dy belonged under the treaty of one thousand sethe character of the house seriously impaired." ven hundred and eighty three, having agreed in a The members having been severally qualified by report, by which all the islands in the possession of taking the oath to support the constitution, the each party before the late war have been decreed house proceeded to elect a clerk. On counting the to it. The commissioners, acting under the other ballots, it appeared that 144 votes were given in, articles of the treaty of Ghent, for the settlement of all of which were for THOMAS DOUGHERTY, who re boundaries, have also been engaged in the discharge sumed his place as clerk of the house. of their respective duties, but have not yet comTHOMAS CLAXTON was then re-appointed door-pleted them. The difference which arose between keeper, BENJAMIN BURCH assistant door-keeper, and the two governments under that treaty, respecting THOMAS DUNN sergeant at arms, without opposition. the right of the United States to take and cure fish After the usual incipient proceedings, and inter- on the coast of the British provinces, north of our changing messages with the senate, the house adjourned to twelve o'clock to morrow.

Tuesday, December 2-This day appeared, in addition to those already mentioned, Mr. Bateman, of New-Jersey, Mr. Claiborne and Mr. Hogg, of Tennessee, and Mr. Lewis, of Virginia.

PRESIDENT'S MESSAGE.

This day at 12 o'clock, the president of the Unit. ed States transmitted to both houses of congress, the following message, by Mr. Joseph Jones Monroe, his secretary

Fellow citizens of the senate

limits, which had been secured by the treaty of one thousand seven hundred and eighty three, is still in negociation. The proposition made by this government, to extend to the colonies of Great Britain the principle of the convention of London, by which the commerce between the ports of the United States and British ports in Europe had been placed on a footing of equality, has been declined by the Bri tish government. This subject having been thus amicably discussed between the two governments, and it appearing that the British government is unwilling to depart from its present regulations, it remains for congress to decide, whether they will make any other regulations in consequence thereof, for the protection and improvement of our navigation.

and of the house of representatives: At no period of our political existence had we so much cause to felicitate ourselves at the prosperous and happy condition of our country. The abundant fruits of the earth have filled it with plen- The negociation with Spain, for spoliations on our ty. An extensive and profitable commerce has commerce, and the settlements of boundaries, regreatly augmented our revenue. The publie credit mains essentially in the state it held in the commu. has attained an extraordinary elevation. Our pre-nications that were made to congress by my prede. paration for defence, in case of future wars, from cessor. It has been evidently the policy of the Spanish which, by the experience of all nations, we ought government to keep the negociation suspended, and not to expect to be exempted, are advancing un-in this the United States have acquiesced, from an der a well digested system, with all the despatch amicable disposition towards Spain, and in the exwhich so important a work will admit. Our free pectation that her government would, from a sense government, founded on the interests and affections of justice, finally accede to such an arrangement as of the people, has gained and is daily gaining would be equal between the parties. A disposi strength. Local jealousies are rapidly yielding to tion has been lately shewn by the Spanish govern. more generous, enlarged and enlightened views of ment to move in the negociation, which has been national policy. For advantages so numerous, and met by this government, and should the conciliatohighly important, it is our duty to unite in greatful ry and friendly policy which has invariably guided acknowledgements to that Omnipotent Being, from our councils, be reciprocated, a just and satisfacwhom they are derived, and in unceasing prayer, tory arrangement may be expected. It is proper, that he will endow us with virtue and strength to however, to remark that no proposition has yet maintain and hand them down, in their utmost pu been made from which such a result can be prerity, to our latest posterity.

sumed.

I have the satisfaction to inform you, that an ar- It was anticipated, at an early stage, that the con. rangement, which had been commenced by my pre test between Spain and the colonies would become decessor, with the British government, for the re- highly interesting to the United States. It was naduction of the naval force, by Great Britain and the tural that our citizens should sympathize in United States, on the lakes, has been concluded; by events which affected their neighbors. It seemed which it is provided, that neither party shall keep probable, also, that the prosecution of the conflict, in service on lake Champlain more than one ves-along our coast, and in contiguous countries, would sel; on lake Ontario, more than one; on lake Erie occasionally interrupt our commerce, and other. and the upper lakes, more than two: to be armed, each with one cannon only, and that all the other armed vessels of both parties, of which an exact list is interchanged, shall be dismantled. It is also

wise affect the persons and property of our citizens. These anticipations have been realized. Such injuries have been received from persons acting under the authority of both the parties, and for which redress

has, in most instances been withheld. Through just sentiments in all persons in authority, on either every stage of the conflict, the United States have side, of our friendly disposition, so far as it may maintained an impartial neutrality, giving aid to comport with an impartial neutrality; and to secure neither of the parties in men, money, ships or mu- proper respect to our commerce in every port, and nitions of war. They have regarded the contest, from every flag, it has been thought proper to send not in the light of an ordinary insurrection or re- a ship of war, with three distinguished citizens, bellion, but as a civil war between parties nearly along the southern coast, with instruction to touch equal, having, as to neutral powers, equal rights.at such ports as they may find most expedient for Our ports have been open to both, and every arti- these purposes. With the existing authorities, with cle, the fruit of our soil, or of the industry of our those in the possession of, and exercising the sovecitizens, which either was permitted to take, has reignty, must the communication be held; from been equally free to the other. Should the colonies them alone can redress for past injuries, committed establish their independence, it is proper now to by persons acting under them, be obtained; by state, that this government neither seeks, nor would them alone can the commission of the like, in fuaccept from them any advantage, in commerce or ture, be prevented. otherwise, which will not be equally open to all other nations. The colonies will, in that event, become independent states, free from any obligation to, or connection with us, which it may not then be their interest to form on the basis of a fair reciprocity,

Our relations with the other powers of Europe have experienced no essential change since the last session. In our intercourse with each, due attention continues to be paid to the protection of our commerce, and to every other object in which the United States are interested. A strong hope is entertained, that by adhering to the maxims of a iust a candid and friendly policy, we may long preserve amicable relations with all the powers of Europe, on conditions advantageous and honorable to our country.

In the summer of the present year, an expedition was set on foot against East Florida, by persons claiming to act under the authority of some of the colonies, who took possession of Amelia Island, at the mouth of St. Mary's river, near the boundary of the state of Georgia. As the province lies east- With the Barbary states and the Indian tribes, "ward of the Mississippi, and is bounded by the our pacific relations have been preserved. United States and the ocean on every side, and has In calling your attention to the internal concerns been a subject of negociation with the government of our country, the view which they exhibit is peof Spain, as an indemnity for losses by spoliation, culiarly gratifying. The payments which have or in exchange for territory, of equal value, west-been made into the treasury show the very producward of the Mississippi, a fact well known to the tive state of the public revenue. After satisfying world, it excited surprize, that any countenance the appropriations made by law for the support of should be given to this measure by any of the colo- the civil government and of the military and naval nies. As it would be difficult to reconcile it with establishments, embracing suitable provision for the friendly relations existing between the United fortification and for the gradual increase of the naStates and the colonies, a doubt was entertained, vy, paying the interest of the public debt, and exwhether it had been authorized by them, or any of tinguishing more than eighteen millions of the printhem. This doubt has gained strength, by the cir- cipal, within the present year, it is estimated that cumstances which have unfolded themselves in the a balance of more than six millions of dollars will prosecution of the enterprize, which have marked remain in the treasury on the first day of January, it as a mere private, unauthorized adventure. Pro- applicable to the current service of the ensuing jected and commenced with an incompetent force, year. reliance seems to have been placed on what might The payments into the treasury during the year be drawn, in defiance of our laws, from within our one thousand eight hundred and eighteen, on aclimits; and of late, as their resources have failed, count of imports and tonnage, resulting principally it has assumed a more marked character of un- from duties which have accrued in the present year, friendliness to us, the island being made a channel may be fairly estimated at twenty millions of dolfor the illicit introduction of slaves from Africa in-lars; internal revenues, at two millions five hunto the United States, an asylum for fugitive slaves dred thousand; public lands, at one million five from the neighboring states, and a port for smug-bundred thousand; bank dividends and incidental gling of every kind.

receipts, at five hundred thousand; making in the whole twenty-four millions and five hundred thousand dollars.

The annual permanent expenditure for the support of the civil government, and of the army and avy, as now established by law, amounts to eleven millions eight hundred thousand dollars; and for the sinking fund, to ten millions; making in the whole, twenty-one miltions eight hundred thousand dollars; leaving an annual excess of revenue beyond the expenditure, of two millions seven hundred thousand dollars, exclusive of the balance estimated to be in the treasury on the first day of January, one thousand eight hundred and eighteen.

A similar establishment was made, at an earlier period, by persons of the same description, in the Gulph of Mexico, at a place called Galvezton, with in the limits of the United States, as we contend, under the cession of Louisiana. This enterprize has been marked in a more signal manner by all the objectionable circumstances which characterized the other, and more particularly by the equipmen of privateers, which have annoyed our commerce, and by smuggling. These establishments, if ever sanctioned by any authority whatever, which is not believed, have abused their trust, and forfeited all claim to consideration. A just regard for the rights and interests of the United States required that In the present state of the treasury, the whole they should be suppressed, and orders have accord of the Louisiana debt may be redeemed in the year ingly been issued to that effect. The imperious con- ne thousand eight hundred and nineteen; after siderations which produced this measure will be ex-which, if the public ebt continues as it now is, above plained to the parties whom it may, in any degree

concern.

To obtain correct information on every subject in which the United States are interested; to inspire

par, there will be annually about five millions of the nking fund unexpended, until the year one thousend eight hundred and twenty-five, when the loan of one thousand eight hundred and twelve and the

stock created by funding treasury notes, will be redeemable.

congress, whether other provision, not stipulated by the treaty, ought to be made for these tribes and for the advancement of the liberal and humane policy of the United States towards all the tribes within our limits, and more particularly for their improv ment in the arts of civilized life.

It is also estimated that the Mississippi stock will be discharged during the year one thousand eight hundred and nineteen, from the proceeds of the public lands assigned to that object, after which the receipts from those lands will annually Among the advantages incident to these purcha. add to the public revenue the sum of one million ses, and to those which have preceded, the secu five hundred thousand dollars, making the perma rity which may thereby be afforded to our inland nent annual revenue amount to twenty-six millions frontiers, is peculiarly important. With a strong of dollars, and leaving an annual excess of revenue, barrier, consisting of our own people, thus planted after the year one thousand eight hundred and on the lakes, the Mississippi and the Mobile, with nineteen, beyond the permanent authorized expenditure, of more than four millions of dollars.

the protection to be derived from the regular force, Indian hostilities, if they do not altogethtr cease, Ey the last returns to the department of war will henceforth lose their terror. Fortifications in the militia force of the several states may be esti- those quarters, to any extent, will not be necessa mated at eight hundred thousand men, infantry, ry, and the expense attending them may be saved. artillery and cavalry. Great part of this force is A people accustomed to the use of fire arms only, armed, and measures are taken to arm the whole. as the Indian tribes are, will shun even moderate An improvement in the organization and discipline works, which are defended by cannon. Great for of the militia, is one of the great objects which tifications will, therefore, be requisite only, in fu claims the unremitted attention of congress.. ture, along the coast, and at some points in the The regular force amounts nearly to the number interior, connected with it. On these will the safe. required by law, and is stationed along the Atlanty of towns, and the commerce of our great rivers, tic and inland frontiers. from the bay of Fundy to the Mississippi, depend. On these, therefore, should the utmost attention, skill and labor, be bestowed.

Of the naval force, it has been necessary to maintain strong squadrons in the Mediterranean and in the Gulph of Mexico.

From several of the Indian tribes, inhabiting the country bordering on lake Erie, purchases have been made of lands on conditions very favorable to the United States, and, as it is presumed, not less so to the tribes themselves.

A considerable and rapid augmentation in the value of all the public lands, proceeding from these and other obvious causes, may henceforward be expected. The difficulties attending early emigra. tions, will be dissipated even in the most remote parts. Several new states have been admitted into By these purchases, the Indian title, with mode-our union, to the west and south, and territorial gorate reservations, has been extinguished to the vernments, happily organized, established ove whole of the land within the state of Ohio, and to every other portion in which there is vacant land a great part of that in Michigan territory, and of for sale. In terminating Indian hostilities, as must the state of Indiana. From the Cherokee tribe a soon be done, in a formidable shape at least, the tract has been purchased in the state of Georgia, emigration, which has heretofore been great, will and an arrangement made, by which, in exchange probably increase, and the demand for land, and for lands beyond the Mississippi, a great part if not the augmentation in its value, be in like proportion. the whole of the land belonging to the tribe, east-The great increase of our population throughout ward of that river in the state of North Carolina, the union will alone produce an important effect, Georgia and Tennessee, and in the Alabama terri- and in no quarter will it be so sensibly felt as in those tory, will soon be acquired. By these acquisitions, in contemplation. The public lands are a public and others that may reasonably be expected soon stock, which ought to be disposed of to the best to follow, we shall be enabled to extend our settle-advantage for the nation. The nation should, there. ments from the inhabited parts of the state of Ohio, fore,derive the profit proceeding from the continual along lake Erie, into the Michigan territory, and to rise in their value. Every encouragement should be connect our settlements by degrees, through the given to the emigrants, consistent with a fair com state of Indiana and the Illinois territory, to that of petition between them, but that competition should Missouri. A similar and equally advantageous effic operate in the first sale to the advantage of the na will soon be produced to the south, through the ion rather than of individuals. Great capitalists whole extent of the states and territory which border will derive all the benefit incident to their superior on the waters emptying into the Mississippi and the wealth, under any mode of sale which may be adoptMobile. In this progress, which the rights of na ed. But if, looking forward to the rise in the value of ture demand, and nothing can prevent, marking a the public lands, they should have 'he opportunity growth, rapid and gigantic, it is our duty to make of amassing, at a low price, vast bodies in their new efforts for the preservation, improvement and hands, the profit will accrue to them, and not to civilization of the native inhabitants. The hunter the public. They would also have the power, in state can exist only in the vast, uncultivated desert. It yields to the more dense and compact form, and greater force of civilized population: and of right it ought to yield, for the earth was given to man kind to support the greatest number of which it is capable, and no tribe or people have a right to with hold from the wants of others more than is neces sary for their own support and comfort. It is gra tifying to know that the reservation of land made by the treaties with the tribes on lake Erie, were made with a view to individual ownership among them, and to the cultivation of the soil by all, and that an annual stipend has been pledged to supply their other wants. It will merit the consideration of

that degree, to control the emigration and settle ment in such a manner as their opinion of their re spective interests might dictate. I submit this subject to the consideration of congress, that such further provision may be made on the sale of the public lands, with a view to the public interest, should any be deemed expedient, as in their judg ment may be best adopted to the object.

When we consider the vast extent of territory within the United States, the great amount and va lue of its productions, the connection of its parts, and other circumstances, on which their prosperity and happiness depend, we cannot fail to entertain

high sense of the advantage to be derived from

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