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Sir, rely upon it, practically it would be impossi- hans defer too much to his opinions. On the serve the Supreme Court in the public esteem and ble to carry out such a system. It would be un- other hand, it might be, that some of them would confidence, by any other means than the wisdom just to the bar, because the appeals in such cases be restive under the consciousness of inferior and learning, and impartiality, which the decisions would be for smaller sums than to the Supreme power, if they deemed their presiding associate of that court may exhibit. As long as you select Court; and the result would necessarily tend to unequal to themselves in knowledge and capacity, proper men for the bench, and select them frorn concentrate the emoluments in the hands of that yet from his position in the Supreme Couri, have different quarters of the country, the commanding part of the profession who resided in the place ing the right to revise, and perhaps the power to influence of public virtue, of learning, of ability, where the local appellate court was held, to the overrule, their decisions. The result would be and of impartiality, will have its due effect upon exclusion of practitioners in the Slates where the that in the deliberations of the appellate court, an intelligent people, and will secure the standing district courts are held from whose judgment ap- when differences of opinion existed,(which would of that court, so that it will retain the appellation peals would be taken. This is one of the defects certainly be the case sometimes, and might occur which it has heretofore received, “ the sheetof the proposed substitute, and one which would be not unfrequently,) between the Suprem Court, anchor of the Federal Union.' found difficult to obviate in practice as creating a Judge, and a majority of the district judges, they Are not the Judges of the Supreme Court now hostile feeling, a feeling of jealousy among differ- l would overrule him in the court below; but they overworked? They sit here for more than three ent States, and the bars of different States, and would overrule him with the knowledge, that in months in each year; and in every alternate year operating unjustly upon the members of those the superior tribunal, with predetermined opin- | they sit for five or six months. Do gentlemen bars.

ions, and his pride of opinion enlisted, their suppose that it is merely by sitting in court for There is yet another objection to the substitute | decision would come before him for revision. Sup- four hours per day, and hearing the arguments of of the honorable Senator from Illinois. It would pose such a decision should be reversed by the counsel, the judge is enabled to decide the cause? be absolutely, impracticable for many district Supreme Court. Is it in human nature to expect Do they not know that each cause requires invesjudges of the United States to perform the duties that the judges so overruled would not be apt to tigation, and that, for a due investigation, a judge of both district and circuit judges within their dis- | defend their own opinion, and the soundness of must not only have the general learning and read. tricts, even without sitting in the appellate court. that opinion, against the decision of the Supreme | ing to be acquired only by years of toil; but he I think the honorable Senators from Massachu- | Court? Have we not all sufficient experience of must read also for the particular case, and if he setts would tell you that in Boston it could not be humanity to know, that though a man may com- means to decide rightly he must examine the leaddone. I am sure the honorable Senators froin mence on the line of defense, yet where pride ofing authorities which are pressed upon his attenNew York will tell you that, in New York, it | opinion comes in question, he is but too apt to tion. Look, then, to the extent of labor encounwould be absolutely impracticable. There the shift his ground, become an aggressor, and ques- tered. Are they not continuously in session here, district judge even now, is unable, of himself, to tion the capacity, if not the motives, of the tri- or on the circuits? They can allow themselves no get through with the business of the district court. bunal by which his decision has been overruled. || holiday. When they leave this city, are you to If you also confer on him the jurisdiction of the | I ask then, if a court so constituted, would not give them no relaxation? Do you expect that circuit-court, you could not expect a decision in the more probably, (supposing the judges of our dis- the human mind, working day after day continufirst instance, from which an appeal could be trict courts to be, as most of them I doubt not are, ously, not upon the same case, but on the same taken, until years after the suit was brought. In able men,) produce a state of feeling and conse- general subject and same principles, will not become Pennsylvania the same evil would exist, though quent criticism, and comment, on the reversal of impaired, and give way sooner, and have a less in a less degree. It would also apply to the Uni- their decisions, which would tend to undermine | vigorous action, than if a reasonable time were ted States courts in Baltimore, in New Orleans, public confidence in the Supreme Court, far more allowed for its relaxation in literary pursuits, or in and perhaps in other places. In those quarters of ihan under any other system which could possi. any other occupation which accorded with the temthe country, where the large commercial cities bly be devised?

perament and inclinations of the individual? I exist, it would overwhelm the district courts, or Sir, the plan of the honorable Senator from presume few Senators doubt that the Judges of our you would have to organize another court of ori- | Illinois, from the character of the appellate courts Supreme Court are overworked, and yet with all ginal jurisdiction, if you throw the circuit court which it proposes to organize, is also open to the their work, they are unable to dispose of more than duties upon the hands of the district judge, in objection which I have stated to the present sys- half the cases on their calendar at the single term of addition to his own proper duties, and also require tem, on the score of possible bias, in a higher the court; even when they sit until the month of him to sit in the appellate court. This objection degree, because there is much less probability of a March, and adjourn to the 1st of April, and then alone to the system would seem to render it im- collision of opinion between the Supreme Court sit again through April, May, and part of June.. practicable.

Judge and a single judge of a district court, as our Even with that extent of labor, beşides their duties Further, sir, on the question of delay, regard circuit courts are now organized, than there would on the circuit, as the business has stood for the the effect. The Senator from Illinois proposes to be between the same judge and his associates in a last six or seven years, such has been the course have, in each circuit, an appellate couri, composed court composed of four or six associates, who of events; and the difficulty will increase, unless of all the judges of the district courts of the cir- were men of intelligence and capacity; and more we provide some relief. cuit, together with a Judge of the Supreme Court. especially on questions with which they might be Can it, Mr. President, be answered that they In each State of this Union, there is at least one more familiar than the judge. who, under this should dispose of their business more rapidly by United States district judge; in some States there rotary system, would preside at distant intervals curtailing the privilege of being heard? Whenare two such judges. You have from four to five over their deliberations.

ever the time shall come that causes in courts of States generally in a circuit. Then, according to I submit that, if a fatal blow could be struck at justice of last resort, where great interests and this plan, you would have an appellate court com- the Supreme Court of the United States, it would great principles are at stake, are decided without posed of from five to seven members. Each judge be done by the organization of such appellate tri- | allowing a full hearing to each side, you may of the court would have his own proper duties | bunals, with an appeal to the Supreme Court, as denominate it the administration of justice, but it pressing upon him, especially in the large cities, i are constituted by the amendment offered as a will be but Turkish justice; a decision without a io such an extent as to occupy all his time. How substitute by the honorable Senator from Illinois. hearing; and of the two, I think the evil is almost, frequently would your appellate court adjourn for I have endeavored previously to show that, by if not quite, as great, to decide without a hearing want of a quorum. An appeal eould be taken that substitute, even the objects which that Senator as to hear without deciding. The latter denies a to this appellate court but once a year, instead of seeks to attain will not be attained. Of course remedy, the former perpetrates a wrong. The twice a year as to the circuit courts. Owing to the Supreme Court Judge learos nothing of prac- || length of time to which counsel are necessarily the want of a quorum, and the fact that appeals to tice by sitting in an appellate court. According limited in the Supreme Court, in the discussion of the appellate court would include all suits within to the Senator's plan, he cannot mingle among causes, is the shortest which the judges felt they the jurisdiction of the present circuit, as well as the people, because there will be no trials by jury could fix, and even that limit in a great variety of district courts, they would probably remain a long in these appellate courts. In point of fact, the cases, in the exercise of their discretion they are time in this intermediate appellate court, and then Supreme Court Judge will literally learn in such | obliged to abandon from the complexity of the the decision would not be final. There might be an appellate court nothing more than he now cases, the number of questions which arise in a further appeal to the Supreme Court. Certainly, i learns in the Supreme Court, in Washington; but || their discussion, and the magnitude of the interif this last appeal were denied, or curtailed by in- he will be liable to come in collision with the opin- ests involved. creasing the sum requisite to an appeal, the peo- | ions of the local judges, and he alone, and not Sir, I * hope the time will never come in this ple of the Suntes would not be satisfied to submit they, may sit in error for the purpose of revising country-I am very sure that when it does come io a local tribunal decisions upon questions of those opinions upon which the collision arises. ours will no longer be a free country-when the magnitude, without giving them the right also of With that exception, his duties, and the mode of rights of its citizens are finally adjudged without a going before the general tribunal of last resort, their performance, will be the same in Washingo full hearing, under the affectation of dispatch of the highest tribunal of the land. The result, in ton as in an intermediate appellate court as pro: 1 business, and the prompt dispensation of justice. my belief, would produce increased delay in the posed. He decides upon the face of the record in I would rather, in reference to the administration disposition of causes, even beyond that which I either court. What advantage, then, can accrue of justice, as in reference to the freedom of the pow exists.

from such a system? The effect will be, if you press, see some abuse of the privilege, than have Again, sir, what would be the effect of the prob- \ require the judges to travel on the circuits, ihat the right of the suitor to be heard by his counsel, able constitution of such a court, upon the charac- you deprive them of the opportunity for study curtailed to such an extent as to encounter the ter, standing, and weight of the Supreme Court? during the time (and it will be no short period) hazard of arbitrary decisions. A Judge of the Supreme Court is to preside in i consumed in traveling. You absolutely deny Mr. President, I have consumed more time than these local appellate courts.

You cannot prevent them everything like relaxation or domestic com- I intended or anticipated in this debate, and the men from teeing the differences in the dignity of fort, and you embarrass and retard the adminis- views which I have suggested have been expressed their positions. His brethren on the bench would tration of justice in the court of highest jurisdic- || in a more desultory manner than I could bare naturally feel, not that he was a better man--for tion and last resort.

wished. My excuse is, indisposition from the he might be less able--but that he occupied a I repeat the expression of the opinion confi- commencement of the session, which unfitted me higher position than themselves, and would per- Il dently entertained, that your judges cannot pre- for mental labor and condensation of my thoughts.

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330 CONG.... 20 Sess.
The Annexation of CubaMr. Boyce.

Ho. of Reps. The convictions of my own mind are clear as to | A nation has sufficient population when it is able the uncertain tenure of European tolerance. For the correctness of those views, and my regret is, to protect itself from exiernal force. We have my own part, I am unwilling to increase the Navy that I have not the power to enforce them with an already fully reached this point.

a single gun beyond what is necessary for the ability commensurate with the importance of the A Republic, a Federal Republic in particular, service of the country in its present condition. measure under discussion.

cannot exist without external pressure. It is the The people are already sufficiently taxed, and the fundamental idea upon which the whole theory Navy is already, in my opinion, a moth of ade

rests. Take away the pressure from without, and quate appetite. The conviction that we cannot THE ANNEXATION OF CUBA.

a Confederacy necessarily goes to pieces. As long acquire Cuba securely without a vast increase of

as Carthage stood a rival to be dreaded by the Ro- the Navy, is an additional obstacle to my taking SPEECH OF HON. W. W. BOYCE, man people, the Republic flourished in its greatest any steps in that direction.

vigor; but when Carthage was overthrown, the But it may be said it will extend our commerce. OF SOUTH CAROLINA,

Republic, relieved from external pressure, became I admit this. The annexation of Cuba would IN THE HOUSE OF REPRESENTATIVES, the prey of factions; the Gracchi, Sylla, and Ma- || furnish an increased market for certain agriculJanuary 15, 1855.

rius, Pompey and Cæsar, passed over the stage, tural productions of the middle and northwestern

convulsing the State with their struggles for power, States, and the manufactures of the eastern States, The House being in Committee of the Whole

making it bleed at every pore, and trampling un- and to the extent of this increased trade; and even on the state of the Union

der foot the glory and the liberty of Rome. The beyond it, under the preference given to our own Mr. BOYCE said: Mr. Chairman, I propose to history of our own country is instructive on this vessels in the coasting trade, the shipping interest make some observations on the annexation of point. Before the war of 1812, while the State of the North would be benefited. Under the inCuba. I consider it the great question in our for.. was in dread of English power, sectionalism was fluence of these several causes, and others which eign relations.

unknown. We were one people. Patriotism was could be presented, I have no doubt the free States A feverish impatience seems to be seizing upon an American plant, indigenous to the soil. It grew would make a great deal of money out of Cuba, our people for territorial extension. In some quar- as well on the bleak hills of New England as in the if annexed. Though I see the North would reap ters the cry is for the Canadas. Upon this point, swamps of the South. Great men and great ideas a golden harvest from Cuba, yet I cannot, however we have been informed by a leading member made our history. But after that war had demon- great may be the interest I take in the increase of from Ohio (Mr. CAMPBELL) that the people upon strated our entire security from external force, northern 'wealth, forego the objections I have to the northern frontier look with deep feeling to the sectional ideas and sectional parties arose. Fac- the annexation of Cuba on other grounds. Beannexation of the British Provinces of North tions usurped the stage. Narrow ideas loomed sides, while I consider the advantage certain great America. In other quarters the cry is for the up into gigantic proportions. The North and the forms of industry at the North would derive from Sandwich Islands; some are wishing for another South became two hostile camps; and the gulf of the admission of Cuba, I cannot forget that the partition of Mexico; others are looking to the re- separation has gradually been widening as we admission of Cuba might paralyze the vast slave gions watered by the mighty Amazon; more are advanced in our career of greatness and power.

interest at the South engaged in raising sugar. bent upon the acquisition of Cuba, and some have It is very clear that, do what else we may, we When I am told that the annexation of Cuba will such inordinate stomachs that they are willing to have nothing to gain by annexing more territory, il extend our commerce, I replyswallow up the entire continent. These are all to increase our population by a foreign supply. First. This mere moneyed motive is outweighed, but various phases of the manifest destiny idea. If we do not need any more territory, or any ex- in my mind, by other more important and more I must confess, I do not sympathize with this traordinary addition of population by acquisition elevated considerations, idea. I think our true mission is conservatism, l of territory, then the annexation of Cuba cannot Second. That this advantage may be attained, not indefinite extension.

be urged on either of these grounds. Then upon to a considerable extent, by a course of policy Why do we desire further extension? Do we

what grounds can it be urged? Perhaps it may short of annexation, by the modification of our need any more territory? On the north we lose be urged on the ground that it is necessary to us own commercial regulations and those of Spain ourselves upon the verge of eternal snows; on as a military position to protect our commerce. and Cuba. To understand my meaning on this the south we penetrate to the fierce heats of the But I cannot admit this; and, in considering this point, I must briefly refer to the nature of our equator; upon the east and the west we pause point, I must assume that it is the settled policy commercial relations with Cuba. The duties on only on the beach of the two great oceans of the of our Government not to permit Cuba to pass i foreign vessels in Cuba is $1 50 per ton; on Spanworld. If we apply the instruments we find that from Spain into the hands of any of the great ish vessels, sixty-two and a half cents per ton. the United States are ten times as large as Great || European Powers. Taking this for granted, I say The duties on foreign merchandise imported under Britain, Ireland, and France combined; three we have nothing to fear from Cuba. We have the Spanish Aag, are from seven to nine per cent. times as large as the whole of France, Great Brit- strong positions at Key West and Tortugas, less than in foreign vessels, except a few articles ain, Ireland, Austria, Prussia, Spain, Portugal, which we are now fortifying, and which can be paying specific duties, one of which is four, the Belgium, Flolland, and Denmark, nearly equal rendered impregnable. Our naval power is infie duiy on 'which, in favor of the Spanish flag, is to the whole of Europe; as large as the Roman nitely superior to that of Spain; we can effectually from $1 to $1 50 per barrel. Empire when its eagles dominated from the Eu- command the outlets to the Gulf of Mexico; and The United States, in order to coerce a repeal of phrates to the pillars of Hercules. If it be

pos- the idea of our commerce being in any danger these regulations, in 1832 passed an ace by which sible for a nation to have territory enough, we from Cuba, is, I think, without the slightest foun- | Spanish vessels coming from Cuba were required certainly have it, and whatever else we may need, | dațion. Experience is the most conclusive argu- to pay the same rate of duty on tonnage that we do not need any more space. If any one were ment on this point. Our commerce never has was levied on American vessels in Cuba. In the to propose placing the whole of Europe, one of been disturbed from Cuba; and if we have not same mistaken spirit of retaliation the United States, the great divisions of the globe, under a single been disturbed in the infancy of our power, what in 1834, enacted that Spanish vessels coming from Government, he would be deemed a madman, yet have we to fear now in its maturity ?

Cuba should pay, in the ports of the United States, we realize territorially this idea, and still crave But I go further: so far from the acquisition of such further tonnage duty, in addition to the tonmcre. What a madness!

Cuba strengthening us in a military point of view, nage duty already payable, as should be equivaDo we need any more population? Why, our I think it a source of infinite weakness. lent to the amount of discriminating duty that population is already near thirty millions, and And if the history of the contests in Europe, be- would have been imposed on the cargoes imported increasing at a velocity so fearful that the boldest tween the great Powers, demonstrate any fact, it in the said vessels, if the same had been exported must tremble at the future. Our annual increase is that maritime colonies to a nation of secondary from the port of Havana, in American bottoms; is a million. If we had the same density of pop- naval force are great drawbacks. Where did and further, that before such Spanish vessel ulation over our entire surface as in Massachu

England strike her great rivals, France and Hol-should be permitted to depart from a port of the betts, our population would be four hundred and land? Not in the heart of their dominions, but in United States with a cargo for Cuba, such vessel twenty millions; and if we increase for the next their extremities, their colonies. The contest now should pay such further tonnage duty as should century in the same ratio we have for the last sixty | going on between the Allies and Russia, is most be equivalent to the amount of discriminating years, our population will be within a fraction instructive on this point. If Russia had isolated duty that would be payable for the time being of five hundred millions. What a prospect, and maritime possessions, the Allies would wound her upon the cargo, if imported into the port of Hahow short a time; for what is a hundred years to a severely; but, as it is, she has no such vulnerable vana in an American vessel. The discriminating nation; the Roman Empire existed twelve centu- points; she is compact, massy, solid; and in vain, duties above alluded to amount to about eight ries—there are noble families in England who with frantic rage, the Allies dash their proud fleeis il per cent. The result is, that Spanish vessels leavdate back the luster of their houses four hundred and well appointed armies against her huge bulk. ing our ports with cargoes for Cuba, have to pay years. A century to a nation is not more than a We are now in the position of Russia, with eight per cent, more chan if they imported the year to an individual. When we look beyond all her advantages; we are the Russia of the same cargoes from any other foreign port. In our ihe present, and pierce the future, the increase of

western continent; we have a vast territory; we anxiety to monopolize the freights we have lost, our population presents a great problem. When are compact and invulnerable, defiant of the world to a very great extent, the sale of the merchandise. the vast surface of our territory shall be in a blaze in arms. Shall we weaken our position by the Under the influence of our acts of 1832 and 1834, with the fires of civilization; when the living tides i acquisition of maritime colonies? That is the | the imports into Cuba, in Spanish vessels, from of human beings flowing from the shores of the question. I think not.

the United States, amounted, in 1849, to only Auantic shall be met by the returning tides from Before we determine on the policy of acquiring $11,000, whereas the imports from England for the Pacific; when the very gorges of the Alle maritime colonies, there is a prior question we the same period, in Spanish vessels, amounted to ghanies and the Rocky Mountains shall be full of should consider. It is this: Are we willing to $4,345,300. That this striking difference is mainly people; when population shall be pressing upon pour out indefinite millions to build up such a attributable to our own regulations is obvious, the means of 'subsistence, what will become of Navy as will enable us to contend with the great from the fact that England stands on no more the Republic, what will be the fate of liberty itself? | Powers for the supremacy of the seas? If not, favored footing in reference to the commercial rega Instead of desiring more population, we would be then, indeed, would it be a short-sighted policy to ulations of Cuba than the United States, except most fortunate if we could remain at what we are. Il acquire such colonies, which we would 'hold' by ll her freedom from our own enactments. For ten 330 CONG....20 Sess.

The Annexation of Cuba-Mr. Boyce.

Ho. OF REPs.

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years preceding 1832, the average of foreign mer- able to preserve republican institutions. The neither have any political privileges. This equality, chandise exported from the United States to Spanish-American Republics, whose populations which I have been dwelling upon, between the Cuba, was $1,563,000; in 1849 the same class of are of the same race and grade as the whites of races, is fostered by the Spanish Government, as exports amounted only to $276,000, of which Cuba, have become the by-word of history; every a great political idea, to check any tendencies on only $11,000 was in Spanish vessels. In 1851, step in their insane career has been the melancholy the part of the Creoles to revolution. In purthe value of cotton goods sent to Cuba from the blot and blur of free institutions. The Spanish suance of this policy, in some instances, the free United States, amounted only to $26,000, while Creole race of Cuba are the worst kind of materials negroes have had special and exclusive advantages the amount for the same period from Europe was with which to build up republican institutions. of schools; marriages between the two classes nearly $3,000,000.

What has their political training been :-the have been encouraged; and, what is a more striking • It is evident we have greatly affected our com- worst imaginable. They have always lived un- fact still, free negroes have been enrolled in the merce with Cuba by our acts of 1832 and 1834. der the sternest despotism. For the last thirty army, taught the use of arms, and instructed in Let us repeal them at once. It is time to abandon years in particular, they have lived under martial military tactics, while the Creoles have been regu. this policy of retaliation. We should further law. They have had no political privileges, and larly excluded from the army. From these variexercise our diplomacy with Spain to get some. are utterly ignorant of the machinery of free insti. ous considerations, I cannot but consider the free modification of her restrictions. Let us seek com- tutions. The touching picture which Tacitus negro element in Cuba as most dangerous, and mercial reciprocity with Cuba instead of annexa- draws of the Roman State under the tyranny of not augering well for the institution of slavery tion. The first, I believe, by judicious conduct, Tiberius, is the condition of Cuba. "Men," he there. Two hundred thousand Spanish free we might attain; the second we cannot but by says, “were afraid of knowing each other; society negroes. They strike me more like iwo hundred force. By the first we will attain substantially all was at a pause; relations, friends, and strangers thousand half-lit torches, which a single flash the moneyed advantages of annexation, and escape stood at gaze; no public meetings, no private confi- may light up, and set the whole island in a flame its political objections and dangers.

dence; things inanimate had ears, and roofs and at any moment. When I remember that it was The whole argument for the annexation of walls were deemed informers." What could we this same free negro race, under the workings of Cuba, in a national point of view, may be summed expect from suddenly investing such a people with Spanish and French ideas, which upturned the up in the four propositions I have been consider- self-government, but a disastrous failure? But it entire social fabric in St. Domingo, and wreaked ing.

may be said that our own people would go in upon such infinite slaughter on the white race, my ap. 1. More territory.

annexation, and control the Cubans. But I do prehensions from this source are not, by any 2. More population.

not think the American emigration would be large;" means, diminished. Twenty thousand Spanish 3. Military position.

at the South it would not, because agricultural | troops preserve the peace of Cuba now; but under 4. More commerce.

emigrants never go in large numbers to an old different circumstances, and in the absence of a The first three have no merit; on the contrary, || country; from the North the emigration would be standing army, would the whites of Cuba be are full of disadvantages. The last has some mostly commercial men for temporary sojo ns. | safe? They we I think, be sleeping over a merit, but is entirely outweighed by other adverse Whilst the emigration from the United States volcano. considerations. I conclude, therefore,on national would not be large, its influence would be greatly The next element in the population of Cuba is grounds, that it is inexpedient to annex Cuba. weakened by the prejudice of the Creoles to our the slaves: there are four hundred thousand of

! propose now to consider the annexation of people, the prejudice of race and religion, which them. These slaves are not christianized, human-
Cuba as a southern measure; for it is supported is intense in Cuba. If Cuba were annexed, and lized, or civilized, to the same extent as our slaves.
by many at the South on this ground; and, unless a slave State, but proved incompetent to self-gov- A large portion of them have been imported from
I greatly deceive myself, I hope to be able to ernment, she would not only be no benefit to the Africa, and are still half savage, They cannot be
show that it would be, under existing circum- || South, but a great calamity. If we are met at relied upon for fidelity and loyalty to anything
stances, a most perilous measure to the South. the threshold with this difficulty, we might, per- like the same extent as our slaves. Such are the

How could the annexation of. Cuba benefit the haps, forbear to go further, considering this as slaves of Cuba.
South? To answer this question understandingly, conclusive. But I shall pass on.

I would now refer briefly to some of the slave I would refer to the case of Texas. How did the The next question is, would Cuba be a reliable regulations of Cuba. By the laws of Cuba every annexation of Texas benefit the South? for I ad- slave community--that is, would slavery be likely slave has the right, on complaint of ill usage, once mit it did so greatly. The entire advantages to to continue there?

every year, to hunt a purchaser, and his master is the South from the annexation of Texas, may In order to determine this question, we must bound to permit him io be absent for a suflicient be comprehensively stated in two propositions. I consider the nature of the population and institu- time for that purpose. When the slave finds a First, it furnished a wilderness where the people tions of Cuba.

purchaser his master is obliged to sell him, not at of the South could go and improve their condi- I shall put down the population at the lowest his own price, but in case of disagreement between tions. Second, it furnished a stable political com- | estimate, one million two hundred thousand. Of the master and purchaser, at a price to be fixed by munity, reliable upon the slavery issue. Would H these, two hundred thousand are free negroes. I a certain public functionary. The slave who can Cuba fulfill these requisites ? I think not; clearly pause involuntarily at this startling fact; it is change his master when he pleases is hardly & not the first; because Cuba is an old settled coun- | worthy to be pondered on by southern men. This slave; he is almost free. In populous portions of try, settled before any part of the United States. army of free negroes are not such free negroes as Europe the free laborer has no other privilege of It was discovered by the great Columbus himself, ours are. Our free negroes are American free ne- freedom than the right to change his employer. and has been the favorite seat of Spanish power groes, dwarfed by being in contrast with the great- Not only has the slave a right to change his mas. for centuries. It is not only civilized, but popu

est white race on the globe, the Anglo-Saxon race. ter, but he has the right to buy himself; and not lous; the population is variously estimated from There is a vast interval with us between the two only the whole of himself, but any part of himself, one million two hundred thousand to one million races. The free negroes of Cuba are Spanish the one fourth, or one third, or one half of himfive hundred thousand, and that on an area the free negroes, elevated relatively by being in con- self; if he buys one fourth of himself, then for size of the State of Tennessee. In order to real- trast with an inferior white race. There is no three months every year he is free to work for ize a graphic idea of the extent and population of abrupt separation between the two races; they ap- himself and do as he pleases. Every mother, Cuba, we have only to imagine Tennessee with a proximate and assimilate. Everything is relative before a child is born, has the right, on paying range of mountains running longitudinally from in this world. When Gulliver was among the twenty-five dollars, to have the child declared free. east to west, instead of across, and with a popu- | Lilliputians, he towered above them like a huge These facts are full of meaning, and they show lation of one million two hundred thousand to one Titan. He could put whole armies in his pockets; how the Spanish Government keeps the African million five hundred thousand, instead of her take feets with no weapons but his spectacles; idea impending over Cuba, like a portentous present population of one million two thousand when he ate a hearty dinner the corn market was cloud, which she flashes up at intervals to retain Beven hundred and seventeen. The mere state- excited; when he turned over, Government secu- dominion by the terror of its lurid glares. ment of the case in this light, is sufficient to show | rities fell. But when he got among the Brobdi- There is another consideration on this branch of that emigrants would go on a wild goose chase if nags, he was as harmless as an insect; he was the the case to which I would allude: the slaver they went to Cuba expecting to get lands for noth- toy of children; he liked to have been drowned in brought into Cuba since 1820. Spain, by treaty of ing. Our people would stand a better chance to a bowl of milk; a monkey took him on the top of September 23, 1817, in consideration of £400,000 get such lands in Tennessee. The lands in Cuba a house, and frightened him out of his wits; the paid by England, engaged that the slave trade must necessarily, to a very great extent, be in the young princess used to put him in her bosom, should be abolished throughout the Spanish do-, hands of private holders, and our people moving like a liitle bird, very much 10 his alarm, however, minions from the 30th May, 1820. By the ordito Cuba would have to buy lands at the prices of for it would have been certain death to him, if nance of the King of Spain, of December, 1817, an old community. Cuba, therefore, could not he had fallen from this pernicious height. Thus it is directed, that every African imported into any fulfill the requisite of a wilderness to which south- we can understand the difference between the free of the colonies of Spain, in violation of the treaty ern men might go to get lands at nominal rates. negroes of Cuba and our own free negroes. Of with England, shall be declared free. - Would Cuba be a stable political community, course there are, among the white race in Cuba, treaty between Great Britain and Spain, of June or, in other words, competent to self-government i many individual exceptions, which stand out in 28, 1835, for the purpose of rendering the means doubt it. Self.government involves two consid- bold relief from the free negro race; but the remark for abolishing the traffic in slaves more effectual, erations--the race, and the training. There is I make is, nevertheless, true in reference to the the slave trade is again declared to be totally abolonly one race of people in modern times who have Creole masses.

ished. Yet, in spite of the treaties and ordinance shown the capability of self-government, that is the To illustrate my meaning more fully, I take it, of the King of Spain, Africans, in vast numbers, Anglo-Saxon race, the race to which we belong; that the Creole masses are about equal to the have been imported into Cuba. One writer whom and with us it is still, in some degree, an experi- Mexican masses; between the Mexican niasses I have consulted, puts down the number of these ment. But whatever question there may be as to and their free negroes, is no abrupt line of de- Africans, who are called Bozal negroes, now in other races, there can be but one opinion as to markation-the same state of things exists in the island, at two thirds of the entire number of the incompetency of the Spanish race. At no Cuba. The free negro race stand, in a great slaves. He says they abound in the rural distime, and under no circumstances, have they been Il degree, upon an equality with the Creole masses. Il tricts, and may be easily recognized by their lan

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By the

330 CONG....20 Sess.

The Annexation of CubaMr. Boyce.

Ho. of Reps.

is one.

guage and the marks of the tattoo. An intelli- this difficulty overcome, the price would be so of Cuba is only a question of time. The final degent Cuban has lately informed me that nearly all enormous-$150,000,000 or $200,000,000—that I cision of this great question of annexation belongs the slaves in Cuba are Africans imported since would not be willing to give it. I look upon the appropriately to the future. I say, take no step 1820, and their descendants; that, until recently, advantages to the South as too precarious to give now in that direction; wait and watch the course it was estimated the entire slave population died so much money, especially when I see that the of events, and profit by them. I do not wish to out every ten years. Now, I wish to ask what necessary effect of such an expenditure, would be shackle the ultimate action of the country. When would be the condition of this class, if Cuba were to fasten a high tariff upon us indefinitely. There the future rolls round, and Cuba emerges independannexed, and they brought, without any modifi- || is no practical measure within the scope of Govern- ent from its bosom, when the fruit is ripe, then cation of their condition by any supreme authority ment power, from which the South woold derive | let this great question be decided under the light intermediate between the Spanish Power and our so vast a benefit, as from the reduction of the of all the surrounding circumstances. I might stop own, under the influence of the law of our Federal tariff to the lowest revenue standard. I should here, but several hypothetical cases must be disGovernment? This very question has already be very unwilling to abandon this great practical | posed of to manifest myself truly, been decided by our courts. The Supreme Court measure of deliverance to the South, for the un- It may be said, suppose England or Franceseize of the United States, in the celebrated case of the certain hazards of annexation.

Cuba, what then? There açe some things sovimAmistad, 15 Peters, 593, sustaining the decision As to the second mode, war, I say nothing of probable they need hardly be considered, and this of the circuit court, hold that “these negroes the shocking injustice of wresting from a feeble

After England and France are done with were unlawfully transported to Cuba, in violation Power, without provocation, her most valuable Russia, they will not be in a mood to disturb any. of the laws and treaties of Spain, and the most possession. I have no doubt we could succeed in body, much less will they want to jar on the United solemn edicts and declarations of that Govern- this way, but at great cost of money, and men. States. But neither England nor France want ment. By those laws, and treaties, and edicts, || The Spanish troops would make some resistance, Cuba; in their hands it would be necessarily a the African slave trade is utterly abolished; the the climate more. I cannot forget, too, that a free negro colony, and, therefore, worthless; but if dealing in that trade is deemed á heinous crime, | large portion of the treasure expended would be either of them should want it, their mutual jealand the negroes thereby introduced into the do- wrung from the hard earnings of the southernousy would prevent either from taking it. But if, minion of Spain are declared to be free.” If people, and much of the blood shed would be the in violation of all possibility, they should make

Cuba were directly annexed from Spain, without best blood of the South; for our system of taxation the attempt, I say at once I would draw the sword 1 an intermediate state of separate independence in is unequal; and this being looked upon as a south- | and drive them into the sea.

which a new fundamental law could be passed, ern measure, the gallant young men of the South Again, it may be said, suppose Spain refuses great difficulties might arise on this point from the would volunteer with alacrity. But of all modes to satisfy our claims against her, what then? My efforts of the Abolitionists.

which could be devised for the acquisition of Cuba, answer is direct. I would not mingle up these The next item in the population is the white for the benefit of the South, war is the most fatal. claims with the question of Cuba. I would act race. This is estimated at six hundred thousand, For no one who has any knowledge of the Spanish | towards Spain with extreme forbearance, for she of which a small proportion are European Span- character, its pride, obstinacy, and revenge, can is weak and we are strong. The truest greatness iards, the residue are Creoles-about equal, as a for a moment image that Spain would stop at any consists in great ideas. I would exhibit ihe counclass, to the people of Mexico. Now, can these steps to blast the acquisition in our hands. The try in this light towards Spain. I would act topeople be relied upon to preserve slavery? The policy of Spain is obvious: she would cling to wards her with generosity and magnanimity. I country being an old settled country, there would Cuba with the tenacity of a dying convulsion, and would urge our claims in the most respectful be, as I have already said, no great tide of emi-when she could hold on no longer, she would manner. "If, after a reasonable time, they were gration from the South; the comparatively few decree universal emancipation. But, it may be still disregarded, I would propose arbitration. If southern men who would go there, would be said, we would reverse this state of things in our this failed, then, after assuring myself that our counterbalanced by an equal and adverse emigra- territory of Cuba. But, just at this juncture, the claims were well founded, and after sufficient and tion from the North. The continuance of slavery people of the North, who have the control of the final notice, I would send out a fleet of steamers, 1

would, therefore, depend on the Creoles of Cuba. Federal Government, would, by a unanimous seize some Spanish ships, pay the claims, and I would consider this bad security. Slavery is voice, bid us stay our hands; that non-intervention give a receipt in full. never secure, where the masters are an inferior was their doctrine; that, by the Spanish law, there But, it may be said, suppose Spain should white race. "There is, too, a marked tendency in were no slaves in Cuba.' The result would be, || attempt to Africanize Cuba, what then? For my the Spanish Creole race to emancipation. This is that the South, after all her sacrifices, would have part, I am clear that our Government should use owing to several causes.

acquired a free negro colony, the greatest corse every possible means to prevent this. I would 1st. The equality of the two races. They assim- imaginable. This result would be very amusing stop at nothing, not even war. There is, howilate without difficulty; there is no gulf between to the Abolitionists, but not to me. I have, there- ever, an old saying, and a true one, that an ounce them. The philosophy of African slavery consists fore, no idea of blindly traveling a road which of prevention is worth a pound of cure. I would in the superiority of the white race; where this leads nowhere but over a precipice.

act upon this maxim. I would

remove the causes superiority is wanting, there is no basis for the Another motive which makes me still more de- leading Spain to this course. They are two_the institution to rest upon, and it crumbles like a termined not to go to war with Spain for Cuba, fear of our designs upon Cuba, and the pressure house without a foundation.

is, that we of the South are upon the eve of a great of England. Let us take such a line of conduct 21. The tendency of the Spanish democratic struggle with a hostile majority of the North, and as will remove the first cause; the Russians are idea is to ultraism; they carry liberty to the we will need all our resources, not to make foreign removing the second cause, in which operation our extreme of anarchy. Every Spanish revolution conquests, but to defend the very ground upon Government could coöperate efficiently, by enis a socialistic revolution.

which we stand. I am, therefore, unwilling to couraging Spain. That, in my opinion, is the 3d. Their inability to govern themselves pro- weaken our resources, or complicate our position true line of our diplomacy. It is the interest of duces bloody struggles, the leaders in which seek by an attack on Cuba; others, who hear only the Spain to preserve slavery in Cuba-her interest the aid of the slaves. Hence it has resulted, that songs of peace in the future, may take a different and our policy concur We would be bunglers, the Spanish American colonies, who have set up

indeed, if, under such circumstances, we could not for themselves, though .under Spain they were As to the third mode, treaty with Cuba, this produce ihe desired resuit. The policy of the u slave communities, have all gone into emancipa- | implies that Cuba has thown off the Spanish South is not so much to have more slaves, as to

tion. Have we any right to expect anything yoke, and established independence. If it were have more people interested in slavery. Spain is more from the Creoles of Cuba, than the Creoles desirable to acquire Cuba, this seems to me to be so interested; we should let her continue thus. of Central America ? I think not.

the only mode it could be done beneficially to the I am glad to be able to fortify my opinions upon From the rapid summary thus taken of the South. By this mode we would escape the agita- | this subject by the authority of Mr. Calhoun. 'As population and institutions of Cuba, I doubt tion of the slavery question in the territorial con- ! late as May, 1848, he said, in his speech upon the whether Cuba would be reliable upon the slavery dition of Cuba. The question would be in a “proposed occupation of Yucatan" issue. Looking at the question of annexation in nut-shell, annexation or no annexation? The Wil. “So long as Cuba remains in the hands of Spain, a all its bearings, I doubt exceedingly whether it mot proviso might precede and prevent annexation, | friendly Power-a Power of which we have no dread-it would be to the interest of the South to annex it could not succeed annexation and mar it. Cuba should continue to be, as it has been, the policy of all AdCuba now, if it could be done without money or would have organized her institutions. We would

ministrations ever since I have been connected with the

Government, to let Cuba remain there." blood. But no one has any idea that Cuba can be enabled to judge, with some degree of confidence, be thus easily acquired at the present time. as to her capability for self-government, and her

I assume what he says as an axiom. I deduce There are only three modes by which Cuba could reliability upon the slavery issue. We would from it a corollary, that we are not to buy Cuba, be acquired, viz: 1. By purchase. 2. By war. know what we were getting, and run less risk of or go to war for it; because, if our policy is for 3. By treaty with Cuba as an indepenent Power. getting what we did not want. We would have | Cuba to remain with Spain, it is against our

The first method is impracticable, because Spain gotten rid of the embarrassing questions arising policy to change that possession, with or without will not sell. The recent debate in the Spanish out of the treaties, ordinances, and decrees of the consent of Spain. Cortez sets that point at rest. I go further, not | Spain. And then, nationally speaking, she would This disposes of every mode of acquisition, only Spain will not sell, but no Spanish adminis- cost us nothing, neither men nor money:

except by treaty with Cuba as an independent tration would dare to sell. The announcement of It may be supposed, from these considerations, Power. This is, from its very nature, a question such a treaty would revolutionize Spain, and the that I favor fillibustering. Not so. An impassa- for the future. When the contingency arises, Ministry who would have the temerity to sign ble gulf intervenes between me and this policy- | then, and not till then, we should render a definite a treaty so humiliating to the pride of the nation, | duty. I cannot interfere with the domestic insti- || judgment. would be torn to pieces by the infuriated mob. tutions of other people, for I wish other people Mr. Chairman, the acquisition of Cuba will And hence I have always looked upon the mission not to interfere with the domestic institutions of open a new volume in our history. Former acquiof Mr. Soulé for this purpose, as a sterile idea, our people. On the other hand, I cannot shut my sitions were the necessities of location, or of cirfruitless in itself, and unfortunate, from his Euro- eyes to the inevitable future. I see the world is in

This is not. By this step we are pean birth, in the agent selected. But, supposing || a transition state, and I feel that the independence || fairly launched in the career of conquest, from



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which there is no outlet but to storm the future, voracious appetite, going about seeking whom it and who is to remain. Suppose, sir, that Eng. sword in hand. From this career we have nothing || may devour. For my part, I have not been able land, France, or Russia, or any other Government to hope, and everything to fear; for our greatest to discover any of these dangers; I feel none of have a desire and an intention to make war upon success would be our greatest disaster.

these apprehensions; and it is my purpose, on the United States. In the absence of the law to The history of nations has been the history of this occasion, to inquire into the existence of these which I refer, before any act of hostility should their imaginations. The pomp of power, the thirst | dangers and apprehensions.

be committed, they could land upon our shores in for dominion, the glare of glory, have been the Sir, who compose this new party? So far as merchant ships, in the form of emigrants any empty baubles for which they have exhausted the public know, and so far as we all know, and number of soldiers, from one hundred to a million. their energies, and slaughtered each other. These so far as it is admitted, the party consists of | How easy would it be for the Czar to send one have been the dim lights by which poor humanity nalive Americans, not aboriginals, not exactly.hundred thousand Russians to this country as has hitherto advanced. Who can estimate the cannibals, but free-born American citizens. And emigrants. One hundred thousand immigrants infinite miseries, the multitudinous slaughters, these how can an American behold in an organization arriving in New York in a month would create no barren vanities have entailed upon the human race. of his own countrymen such extravagant terrors? excitement. Their promenading Broadway would The book of time is bloody on every page with Who will say that an association of native Amer- not so swell the tide of that immense population the horrid recital. Shall we learn nothing from icans is less worthy of confidence than an associa- as to be perceivable. They could go and equip it? Shall the past turn its sorrowing features upon tion of mixed Americans and foreigners?

themselves with American rifles, furnish themus in vain? Shall we be insensible to the tears I assume that the admitted elements of this selves with American powder, and American bul. and agonies of history? or shall we furnish another organization, being native American, absolutely | lets, and go in American cars to any portion of the instance of stupendous folly by en barking in the exclude the idea that, as a party, they can have country, and be ready at any time, to exhibit themsame insane career? I trust not. I trust we shall anything at heart but the glory, honor, and wel- selves as an armed force, in the heart of the country. turn with aversion from the deceitful seductions fare of the country. And what do they propose This may never occur, but we know that the landof false glory, and be instructed by the disasters to do? With all their dangerous appearance, | ing of an army in an enemy's country, in case of of universal humanity.

their mysterious organization; with all their test war, is a most important matter, and our laws enaWe may extend our dominion over the whole oaths of secresy, as alleged, what do they propose ble an enemy to flood the country with his soldiers continent, our navies may ride triumphant on to do? They have but one simple proposition to in the form of emigrants. I ask now, of Amerievery sea, our name may be the terror of Kings, | submit to the country, and that is, the purification can statesmen, if this thing ought to exist? Will our decrees the destinies of nations, but be assured of the ballot-box. That idea embodies the whole any man say that it is his duty to live alone for it will be at the price of our free institutions, I doctrine of the organization of this party. In | this present day. Will any statesman say his know not how it may be with others, but for my order to bring about that result, what do they duty stops with this hour? Will any statesman own part, I would not pay this price for alt the propose to do? They propose to exclude un- say he lives alone for his own age and his own power and all the glory that ever clustered around naturalized foreigners from the ballot-box, and to generation? There may be no danger now, but all the banners and all the eagles emblazoned in check immigration, by wholesome laws for that we should look ahead, far into the future, and for the pantheon of history.

purpose. That is the utmost extent to which that future supply, at this day, the lamentable Let us turn from the line of vulgar conquerors they propose to go.

deficiencies of our laws.
to the fathers of the Republic; let us learn from Intimately connected, however, with this ques- My second proposition, connected with the
them, that the truest patriotism is the preservation |tion, is one of a very delicate character—the ques. || first, is, that no ímmigrant shall be allowed to land
of our institutions, the truest wisdom is modera- tion of Catholicism in this country. It is said until he produces a passport from the proper
tion. In short, let our history be not the history that it is the policy of this new party, to exclude | authority of the United States, resident in the
of our imagination, but the history of our com- Catholics from office. I have no doubt that such country from which the immigrant comes; which
mon sense. By this course we may not vaunt so a policy is a part of their faith, not only because passport shall contain upon its face the require-
many statues, so many triumphalarches, so many of their Catholic faith, but because the Roman ments which I have read.
trophies of victory, and boundless dominion, but Catholic Church in this country is so intimately Now, sir, if there is any law requiring immi-
we shall have what is more glorious than these, connected with foreign influence in all its branches, | grants to bring passports to this country, it is so
we shall have our institutions preserved; we shall that it is impossible to separate the two-and they loosely executed as to amount to nothing.
have the conquests of peace; the mighty march of have to take the whole or exclude the whole. My third proposition is: our consuls, and such
civilization; christianity working out, unimpeded, I do not pretend that I have, upon this occasion, other officers as may be appointed for such pur-
her Divine mission; these will be our statues; any well arranged plan in reference to the repeal | pose, shall be instructed to give passports to no
these our triumphal arches; these the trophies of or modification of the naturalization laws. I have, persons except those who are of sound health both
our victories; and they will be such as no nation | however, some distinct propositions to make, which in mind and body, of good character for sobriety
before us have ever had.

are radical in their character. I propose to strike and honesty; and upon satisfactory proof of the
at the root of the evil. I do not bring forward my applicant that he has never been convicted for

proposition in the form of a bill, because nobody | any crime; and the consul shall refuse passports THE NATURALIZATION LAWS-POLICY OF THE

can suppose that this Congress will favor this ref- to all notoriously rebellious and seditious persons, ROMAN CATHOLIC CHURCH.

ormation. It cannot be expected that an Adminis- and to all persons, who, in their opinion, shall be

tration which is so distinctly committed in favor.Il liable to become a charge upon any of the United SPEECH OF HON. W. R. SMITH, of foreigners and foreign influence as this, should States as paupers. I will not pause to enforce this OF ALABAMA,

take the back track. I do not suppose that during proposition with argument. The necessity of it

the present session of Congress any bill of the must be palpable to every American statesman.* IN THE HOUSE OF REPRESENTATIVES, kind will receive any serious attention. I will lay My fourth proposition is as* radical as all the January 15, 1855.

before the committée, however, the propositions rest. I would provide that the naturalization laws The House being in the Committee of the Whole

which must, in the main, meet the desire of I shall be so repealed and modified as to prevent all on the state of the Unior.

the Native American party; but I do not wish to foreigners from voting who shall not have become

commit any person but myself for these proposi- | naturalized, or who shall not have taken steps to Mr. SMITH, of Alabama, said:

tions. Mr. CHAIRMAN: Propositions have been already In the first place, it is well known that we now * The following letter from the Mayor of New York 10 made in this Hall, and at the other end of the have no law by which a foreigner can be excluded.

the President, will illustrate what I have said about felons

and paupers : Capitol, to repeal or modify the naturalization If there is any law requiring a foreigner to bring a laws. That question is assuming proportions of passport, it is so loosely administered as to amount

MAYOR'S OFFICE, New York, Jarruary 2, 1855.

His Excellency, Franklin Pierce, considerable magnitude. In fact, sir, it is becom- to nothing. Foreigners can come by millions,

President of the United Slates : ing the great question of the age. The time has and there is nobody to exclude them, or to say

DEAR SIR : There can be no doubt that, for many years, come when American legislators will be forced, nay. Is there any other country upon the face

this port has been made a sort of penal colony for felons by the voice of the people, to take a stand upon

and paupers, by the local authorities of several of the conof the earth, properly organized, that admits an tinental European nations. The desperate character of a this subject; and before this question, which in

influx of foreigners without any restriction what- portion of the people arriving liere from those countries, itself embodies the grand idea of American nation- lever? None.

iogether with the increase of crime and misery among that ality, all mere party organizations will have to


class of our population, with oiber facts before us, prove,

conclusively, that such is the case. give way and retire.

I make this, then, my first proposition, that no Tuis unnecessary to refer to the gross wrong thus perpeIntimately connected with the advent of this j emigrant should be allowed to leave the ship in trated upon this city. It requires from me no allusion to question is the rise and progress of a new order which he comes until, upon his solemn oath, he the jeopardy of our lives and property from this cause. of men, whose name and designation, up to this renounces his allegiance to all foreign Powers, and

Men who, by a long career of crime and destitution, have

learned to recognize no laws, either civil or natural, cannot period, is as yet unknown, but whose existence, until he swears that it is his bona fide intention to fail to produce feelings of terror at their approach. however shadowy and mysterious, is a fixed fact; become an inhabitant of the United States. The The inherent righi of every community to protect itself and whose power in this country, for good or necessity of this requisition shall be made known from dangers arising from such emigration, cannot be quesevil, has made itself felt from one end of the

tioned. New York has submitted to it long enough. The to him by the captain of the ship before he takes

disease and paurerism arriving here, almost daily, from Union to the other.

passage, and his passport shall contain in its face abroad, is, of itself, a sufficient evil; but when to it is added Against this party the vituperations of the press this requisition.

crime, we must be permitted to remonstrate. We ask the have been leveled. Many of our honorable friends A word, sir, upon this proposition. I stated

interference of the General Government, as it is its duty to here have entered into the discussion of the sub- that we had no law, and no clause of a law, by

protect us from foreign aggression with ball and cannon,

so is it its duty to protect us against an enemy piore insidjects arising upon it with intense excitement,

which to exclude foreigners in any numbers. Eng. ious and destructive, though coming in another form. They behold in this new order nothing that is I' land, France, and Russia, and all Governments in I call your attention to this subject, hoping it will receive good, but some shadowy giant some fabulous | the East require every man who puts his foot upon

from you that action which its very great importance to the

whole country demands. Hercules-some raw head and bloody bones--some their shores, to exhibit a passport. Thereby they I am very truly yours, &c., mysterious destroyer-some lion, endowed with li can regulate immigration, and say who is to come,


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