grow out of circulating, by order of the Senate, copies of the document now proposed to be printed. What, he asked, was the proper [TRANSLATION.] [SENATE. remedy for the evil of which the people of the The President of the Mexican Republic to the Presi dent of the United States. COLUMBIA, (IN TEXAS,) July 4, 1836. MUCH ESTEEMED SIR: In fulfilment of the duties which patriotism and honor impose upon a public man, I came to this country at the head of six thousand Mexicans. The chances of war, made inevitable by circumstances, reduced me to the con District of Columbia complained, and concerning which they had directed the attention of Congress? Was their property in danger? Were the laws insufficient to protect their slaves? If so, let us then march directly up to the subject, and enact such as will afford ample security. For measures of a practical nature, he would give his vote with great pleas-dition of a prisoner, in which I still remain, as you ure. He said he was well aware that questions of this kind came up here, and incidentally impressed persons at a distance with the idea that Congress wished to deprive them of the right to be heard here, and of the right to petition. Nothing, in his opinion, was more erroneous. Refuse to receive and hear an abolition petition, and you render the abolitionists a thousand times more active and industrious in propagating their doctrines, and more successful in enlisting the sympathies in their favor of those who believe in the inherent right of the people to assemble and petition for a redress of grievances. He never had voted, nor never would vote, for the printing and disseminating an abolition memorial; so likewise he would not lend his aid for the printing of this document in favor of slavery. On the great question of slavery, the constitution and laws would find ample support in the good sense of the great body of the American people. He gave it as his opinion, that to insure tranquillity, was to let this exciting topic alone. Mr. MORRIS renewed his motion for the yeas and nays; which were ordered. may have already learned. The disposition evinced by General Samuel Houston, the commander-in-chief of the Texian army, and by his successor, General Thomas J. Rusk, for the termination of the war, the decision of the President and cabinet of Texas in ing parties, and my own conviction, produced the favor of a proper compromise between the contendconventions of which I send you copies enclosed, and the orders given by me to General Filisola, my second in command, to retire from the river Brazos, where he was posted, to the other side of the river Bravo del Norte. As there was no doubt that General Filisola would religiously comply, so far as concerned himself, the President and cabinet agreed that I should set off for Mexico, in order to fulfil the other engagements; and, with that intent, I embarked on board the schooner Invincible, which was to carry me to the port of Vera Cruz. Unfortunately, however, some indiscreet persons raised a mob, which obliged the authorities to have me landed by force, and brought vented me from going to Mexico, where I should back into strict captivity. This incident has preotherwise have arrived early in last month; and, in consequence of it, the Government of that country, doubtless ignorant of what has occurred, has withdrawn the command of the army from General Filisola, and has ordered his successor, General Urrea, to continue its operations. In obedience to which order, that general is, according to the latest accounts, already at the river Nueces. In vain have some reflecting and worthy men endeavored to demonstrate the necessity of moderation, and of my going to Mexico, according to the convention; but and the excitement of the public mind has increased with the return of the Mexican army to Texas. Such is the state of things here at present. The continuation of the war, and of its disasters, is therefore inevitable, unless the voice of reason be heard, in proper time, from the mouth of some powerful individual. It appears to me that you, sir, have it in your power to perform this good office, by interfering in favor of the execution of the said convention, which shall be strictly fulfilled on my part. When And the question was then taken on printing the usual number of copies-yeas 34, nays 5. WEDNESDAY, January 18. Mr. CUTHBERT, of Georgia, appeared took his seat. THURSDAY, January 19. Hon. THOMAS CLAYTON, Senator elect from the State of Delaware, appeared, was qualified, and took his seat. The following Message was received from the President of the United States: To the Senate of the United States: In compliance with the resolution of the Senate dated the 16th instant, I transmit a copy and a translation of a letter addressed to me on the 4th of July last, by the President of the Mexican Republic, and a copy of my reply to the same on the 4th of Sep tember. No other communication on the subject of the resolution referred to has been made to the Executive by any other foreign Government, or by any person claiming to act in behalf of Mexico. ANDREW JACKSON. WASHINGTON, January 18, 1837. I offered to treat with this Government, I was convinced that it was useless for Mexico to continue the this country, which I did not possess four months war. I have acquired exact information respecting ago. I have too much zeal for the interests of my country to wish for any thing which is not compamyself for its glory and advantage, I never would have tible with them. Being always ready to sacrifice hesitated to subject myself to torments or death, could thereby have obtained the slightest benefit. rather than consent to any compromise, if Mexico I am firmly convinced that it is proper to terminate this question by political negotiation: that conviction alone determined me sincerely to agree to what has been stipulated; and, in the same spirit, I make | to you this frank declaration. Be pleased, sir, to favor me by a like confidence on your part; afford me the satisfaction of avoiding approaching evils, and of contributing to that good which my heart advises. Let us enter into negotiations by which the friendship between your nation and the Mexican may be strengthened, both being amicably engaged in giving being and stability to a people who are desirous of appearing in the political world; and who, under the protection of the two nations, will attain its object within a few years. The Mexicans are magnanimous when treated with consideration. I will clearly set before them the proper and humane reasons which require noble and frank conduct on their part, and I doubt not that they will act thus as soon as they have been convinced. By what I have here submitted, you will see the sentiments which animate me; and with which I remain your most humble and obedient servant, ANTONIO LOPEZ DE SANTA ANNA. To his Excellency General ANDREW JACKSON, President of the United States of America. The President of the United States to the President of the Mexican Republic. HERMITAGE, September 4, 1836. SIR: I have the honor to acknowledge the receipt of your letter of the 4th of July last, which has been forwarded to me by General Samuel Houston, under cover of one from him, transmitted by an express from General Gaines, who is in command of the United States forces on the Texian frontier. The great object of these communications appears to be, to put an end to the disasters which necessarily attend the civil war now raging in Texas, and asking the interposition of the United States in furthering so humane and desirable a purpose. That any well-intended effort of yours in aid of this object should have been defeated, is calculated to excite the regret of all who justly appreciate the blessings of peace, and who take an interest in the causes which contribute to the prosperity of Mexico, in her domestic as well as her foreign relations. The Government of the United States is ever anxious to cultivate peace and friendship with all nations. But it proceeds on the principle that all nations have the right to alter, amend, or change, their own Government, as the sovereign power, the people, may direct. In this respect, it never interferes with the policy of other powers, nor can it permit any on the part of others with its internal policy. Consistently with this principle, whatever we can do to restore peace between contending nations, or remove the causes of misunderstanding, is cheerfully at the service of those who are willing to rely upon our good offices as a friend or mediator. In reference, however, to the agreement which you, as the representative of Mexico, have made with Texas, and which invites the interposition of the United States, you will at once see that we are forbidden, by the character of the communications made to us through the Mexican minister, from considering it. That Government has notified us that, as long as you are a prisoner, no act of yours will be regarded as binding by the Mexican authorities. Under these circumstances, it will be manifest to you that good faith to Mexico, as well as the general [JANUARY, 1837. principle to which I have adverted, as forming the basis of our intercourse with all foreign powers, make it impossible for me to take any step like that you have anticipated. If, however, Mexico should signify her willingness to avail herself of our good offices in bringing about the desirable result you have described, nothing could give me more pleasure than to devote my best services to it. To be instrumental in terminating the evils of civil war, and in substituting in their stead the blessings of peace, is a divine privilege. Every Government, and the people of all countries, should feel it their highest happiness to enjoy an opportunity of thus manifesting their love of each other, and their interest in the general principles which apply to them all as members of the common family of man. Your letter, and that of General Houston, commander-in-chief of the Texian army, will be made the basis of an early interview with the Mexican minister at Washington. They will hasten my return to Washington, to which place I will set out in a few days, expecting to reach it by the 1st of October. In the meantime, I hope Mexico and Texas, feeling that war is the greatest of calamities, will pause before another compaign is undertaken, and can add to the number of those scenes of bloodshed which have already marked the progress of their contest, and have given so much pain to their Christian friends throughout the world. This is sent under cover to General Houston, who will give it a safe conveyance to you. I am, very respectfully, your obedient servant, ANDREW JACKSON. To Gen. ANTONIO LOPEZ DE SANTA ANNA. The Message and documents having been read, Mr. PRESTON said it would strike the Senate at once that since the date of the letter written by Santa Anna, his situation had been very much changed. On the 4th of July last he was a prisoner in the hands of the Texans, but had been subsequently released, and was now in the city of Washington. According to the terms and purport of the correspondence, Santa Anna was a prisoner. The President of it would appear that it was carried on whilst the United States, aware of that fact, had expressed himself as being unable, in consequence, to enter into any negotiation with him while so situated. But now, as he (Mr. P.) had just stated, Santa Anna was in this city, and could negotiate on the subject up to April next; but whether he would or would not, he (Mr. P.) could not say; nor was it very material to the purpose Mr. P. had in hand. There was a resolution in relation to Texas offered a few days ago by the honorable Senator from Mississippi, and which had been made the order of the day for to-day; what disposition he wished to make of it, he was not aware. It was a matter for the gentleman's discretion. The correspondence which had been laid before the Senate, however, would not, in his (Mr. P.'s) opinion, render it necessary to change the language of the resolution. Concurring, as he did, with that resolution, he would now say that he was prepared to establish the fact, that upon the recognized principles of national law, the practice of this Government, and the policy of the country, she ought, as was her duty, to make a prompt, speedy, and absolute recognition of the independence of Texas. He hoped, at the proper time, to be able to prove this. He insisted that her independence should be immediately acknowleged, and that, too, without any regard to what might be said or done by Santa Anna, for his authority had ceased in Texas forever. After having heard read the present and the other Message of the President in relation to this subject, it was not his desire that any thing should be done here in reference to it, that would have the effect of contravening, running counter to, or obstructing, any purpose of the Executive of the United States. He (Mr. P.) had understood that the President, when he sent his former Message, had submitted this matter to Congress for their consideration, being willing to carry into effect what they might deem right and proper; but there were, at that time, some difficulties in the way, which prevented his recommending the adoption of any legislation on the subject. It seemed to him (said Mr. P.) that had the President of the United States not been aware of the fact that another expedition under General Bravo was about to invade Texas, he would not have hesitated to recommend to Congress to do something in reference to settling the war between Texas and Mexico. Mr. P. adverted to the circumstances connected with the failure of the expedition under General Bravo, and then concluded with saying that all he desired was that Congress should proceed as early as possible to discuss the question of immediately acknowledging the independence of Texas. She was entitled to it; she had a right to demand it of the United States, and the sooner it was granted the better. He would await the action of the honorable Senator from Massachusetts, (Mr. DAVIS,) as well as the consideration of the resolution of the Senator from Mississippi, when he would have something further to say on the subject. The Message and documents were laid on the table, and ordered to be printed. SATURDAY, January 21. Foreign Emigrants. Mr. CLAY presented the petition of sundry inhabitants of Wirtsborough, Sullivan county, New York, and he asked that it might be read. The document was accordingly read, and proved to be a kind of remonstrance, on the subject of Roman Catholic emigrants to the country, brought in under the auspices of Popes, Cardinals, Bishops, &c. It insisted on the impropriety and inexpediency of allowing so many persons to enter the country, whose practice and tenets were avowedly and directly hostile to our republican institutions, and especially prayed Congress to institute commissions, in VOL. XIII.-11 [SENATE. various parts of the country, to procure information and report on the subject. Mr. C. said some of the objects prayed for this Government had no power to grant, however alarming to these good and religious people the evils complained of and the progress of papacy might be. But there was one object which Mr. C. thought might be a proper subject of inquiry, being within the power of Congress; and that was a change in our laws of naturalization. He therefore moved that the memorial be referred to the Judiciary Committee; and it was so referred. TUESDAY, January 24. Public Lands. The Senate took up the bill to prohibit the sales of the public lands, except to actual settlers, and in limited quantities. The question pending was on Mr. TIPTON'S amendment, offered yesterday, to the first section of the bill," that all lands that have been in the market ten years, and remain unsold, shall be sold for seventy-five cents an acre; and all that have five years, shall be disposed of at one dollar; provided that not more than one hundred and sixty acres be sold to one purchaser." Messrs. EWING and CLAY spoke against the bill, Messrs. DANA and TIPTON for it. The amendment proposed by Mr. TIPTON was rejected by the following vote: YEAS.-Messrs. Benton, Black, Dana, Ewing of Illinois, Fulton, Hendricks, King of Alabama, Linn, Moore, Morris, Nicholas, Rives, Robinson, Sevier, Strange, Tipton, Walker, White-18. NAYS.-Messrs. Bayard, Brown, Calhoun, Clay, Crittenden, Cuthbert, Davis, Ewing of Ohio, Hubbard, Kent, King of Georgia, Knight, Niles, Page, Prentiss, Robbins, Ruggles, Swift, Tallmadge-19. Mr. BENTON then offered the following amendment: That it shall and may be lawful for any head of a family, young man over the age of eighteen years, or widow, not having received a donation of land from the United States, and being or wishing to become an actual settler on any parcel of public land which shall have remained five years unsold after having been offered at private sale at one dollar and twenty-five cents per acre, and not exceeding in quantity the amount of one quarter section, to demand and receive, from the proper register and receiver, a written permission to settle on the same, upon payment, to be made to the proper receiver, of the sum of seventy-five cents per acre; and if such person, so applying for and receiving and he or she, or his or her heirs or legal representsuch permission, shall forthwith settle on the said land, atives, shall cultivate the same for five successive years, and shall be a citizen or citizens of the United States at the end of that time, then, on proper proof being made, before the register and receiver, of such settlement, cultivation, and citizenship, a patent shall issue for the said land to the person who received such permission, or his or her heirs or legal [JANUARY, 1837. and its necessity, as the only means of effecting the enlargement of the specie basis of our circulation. representatives. And the faith of the United States is hereby pledged to all persons who may settle on the public lands, according to the provisions of this section, that no dispensation shall at any time be Mr. EWING referred to a provision in the bill granted to any individual from complying with the which requires the deposit banks to receive substantial conditions herein prescribed. And if and pass to the credit of Government all such due proof of settlement, cultivation, and citizen- bank notes as they receive in general deposit. ship, as herein required, be not made within one This took away their power to oppress, and reyear next after the expiration of said five years, the said land shall again be subject to entry at private sale, conciled him to the bill, which should now as land belonging to the United States. And if two have his vote. The effect of Mr. RIVES' amendor more persons, entitled under this act to the priv-ment would be to confine the circulation of the ileges of actual settlers, shall apply for the same large notes in the West to the banks in the imparcel of land, then the register and receiver shall mediate vicinity of the deposit banks, while all immediately decide the right of preference between the small notes circulating there would be those them, according to priority of settlement and other of banks at a distance, to whom it was of less equitable circumstances; and where these are equal, consequence that their notes should be receivthe decision shall be made by lot. ed at the land offices than that their small notes should have a wide circulation. The question was taken on its adoption by yeas and nays, as follows: YEAS.-Messrs. Benton, Black, Dana, Ewing of NAYS.-Messrs. Bayard, Brown, Calhoun, Clay, THURSDAY, January 26. Michigan Senators Admitted. A Message was then received from the President of the United States, stating that the President had signed the bill for the admission of the State of Michigan into the Union on an equal footing with the original States. The credentials of the Hon. JOHN NORVELL and the Hon. LUCIUS LYON, elected by the Legislature of the State of Michigan, on the 10th November, 1835, to represent that State in the Senate of the United States, were read by the Secretary; and, On motion of Mr. GRUNDY, the usual oath to support the Constitution of the United States was administered to Messrs. NORVELL and LYON by the Vice President, and they took their seats in the Senate. . Treasury Circular. Mr. WALKER moved to postpone the previous orders, and take up the bill designating and limiting the funds receivable for dues by the United States. The question on taking up the bill was decided by-yeas 33, nays 12. Mr. RIVES thereupon offered an amendment, to extend the prohibition respecting the notes of banks issuing notes of small denominations, so as to embrace, after the 30th of December, 1841, notes of $20. [The bill only extended to those of five and of ten dollars.] He supported the amendment in a short speech, urging the moral effect of the measure Mr. GRUNDY submitted the following resolution, which was considered and adopted: Resolved, That the Senate proceed to ascertain the classes in which the Senators from the State of Michigan shall be inserted, in conformity with the resolution of the 14th May, 1789. Mr. GRUNDY observed, that before submitting the motion to carry the resolution into effect, a word of explanation would perhaps be necessary. There were, according to the constitution, three classes of Senators; and there was an equal number of each, until the coming in of the Senators from Arkansas; but one of them drawing number one, and the other number three, of course there were more of these numbers than of number two. This he had in view in drawing up the motion; and, by providing that numbers two and three only shall be drawn, the inequality would be lessened. On motion of Mr. GRUNDY, it was box two papers of equal size, one of which shall be Ordered, That the Secretary put into the ballot numbered two, and the other shall be a blank, and each Senator shall draw out one paper; that the Senator who shall draw the paper number two shall be inserted in the class of Senators whose terms of service will expire on the 3d day of March, 1889; that the Secretary then put into the ballot box two papers of equal size, one of which shall be numbered one, and the other shall be numbered three, and the other Senator shall draw out one paper; that if the paper drawn be number one, the Senator shall be inserted in the class of Senators whose terms of service will expire the 3d day of March, 1837, and if the paper drawn be number three, the Senator shall be inserted in the class of Senators whose terms of service will expire the 3d day of March, 1841. In pursuance of the above order, Messrs. NORVELL and LYON proceeded to draw ballots for their respective classes; when Mr. LYON, drawing number two, was classed with the Senators whose terms of service expires on the 3d of March, 1839; and Mr. NORVELL, drawing number three, was classed with the Senators whose terms of service expire on the 3d of March, 1841. American Colonization Society. Mr. CLAY presented the memorial of a number of citizens of the District of Columbia, stating that they had, a number of years past, formed an association for colonizing free negroes, with their own consent, on the coast of Africa; that many donations had been made to them in money and in lands, which last species of property they could not render available, in consequence of their not having a charter; and praying for an act of incorporation to enable them to hold and convey real estate. Mr. C. moved to refer this memorial to the Committee on the District of Columbia. Mr. CALHOUN regretted that the Senator from Kentucky had thought fit to present this memorial, and deprecated any discussion or agitation of the subject, which he thought would rather tend to increase than to allay the excitement which had been produced by an injudicious interference with a question of much delicacy. He did not intend to oppose the reference of the memorial, but he indulged the hope that the committee would see the propriety of not acting on it during this session. Mr. CLAY regretted extremely that there should have been any expression, even in a modified form, in opposition to the object which the memorialists desire to attain. The day would come, he would venture to predict, when the people living in all portions of this vast continent would become converts to the American colonization scheme, and become convinced of its utility, and the humane principles by which it is characterized, in striving to ameliorate the present condition of the African race. The object, then, of the memorialists was to send free negroes, with their own voluntary consent, to Liberia. They do not desire to touch any interest or any property-to affect any right of any citizen here, or in the States. The memorialists come here and tell the Senate that many donations have been made to them, from time to time, both in land and money, and it was of the highest importance that such an act as they applied for should be [SENATE. granted. He might remind the Senate of a donation that was given the Colonization Society by one of the best and greatest men this country had ever produced-he meant the late venerable ex-President Madison. He bequeathed the donation (on account of there not being in existence such an act as these memorialists pray for) Although, in the present case, the trust was to Mr. Gurley, for the benefit of the society. faithfully executed, in other cases it might not be; hence, therefore, the memorialists ask for an act of incorporation, in order that they can receive what may be given them. Now, the object was dear, was interesting, was just, was natural; and he could not but express his hope that an act of incorporation would be granted them. Mr. CALHOUN said that from the first to the last he had been under the impression that any interference with the objects of this society by the General Government would not only be unconstitutional, but would have the most-mischievous effects. He would remind the Senator from Kentucky, who had mentioned the late Mr. Madison as one of the friends of the Colonization Society, that that great statesman was so strict in his notions as to the granting of charters by the General Government, that he had vetoed the act of Congress incorporating a church in Alexandria. The Senator from Kentucky must know that great diversity of opinion existed among the wisest and best men of the country as to the ultimate good to be effected by this society; and that the prevailing opinion of the great body of the people of the South was against it. Nine-tenths of the Southern people at least, said Mr. C., were opposed to any interference with the objects of this society by the General Government. Mr. BUCHANAN rose to make a suggestion to the Senator from Kentucky; and that was, that, if an act of incorporation be granted at all, it must not be confined in its operation to the District of Columbia; it must go to the extent of the whole Union. It appeared to him (Mr. B.) that this was not a proper subject to be referred to the Committee on the District of Columbia, which was a committee having a great deal of business to attend to, though not of a character of such general importance as was connected with this memorial. He should, therefore, think it would be better to have a special committee on this question. The gentleman from Kentucky understood the matter perfectly well, and should be placed at the head of it, and could bring forward such a proposition as would meet general approbation. He (Mr. B.) therefore moved that the memorial be referred to a select committee. Mr. CLAY observed that he understood the subject, and had determined to make his proposition as free from objection as possible; and, therefore, he limited the powers of the act of incorporation, to this District only. He was perfectly aware that in an attempt to give it a general character, so that the society might es |