Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-06-08
CONGRES Si0NAA.
IN THE SENATE.
May 8.


Mr., BENTON, of Missouri, asked leave
to submit a resolution, founded upon the
Message of the President received last
night, covering a report from the Ord
nance Branch of the War Department,
on the subject of lead mine leases in the
valley of the Mississippi. He would ex-
plain the grounds upon which the resolu-
ton would be predicated. The ord
nance report Showed that set OF rules
had been adopted for leases of lead mines,
in virtue of supposed power in The act
of Congress of March Sd, 1897. Mr..
b. was of opinion that the act did not, in
fact nor could not in law, impart such
power. The lead mines were national
property, and, as such, it belonged to
Congress alone to make rules for their
disposition. He referred to the consti-
tuition, and commended that Congress
could not, if would, devolve upon others
the power which that instrument had
given to the representatives oft the people
alone, to dispose of the national proper
ty. The report also Showed that two
leases Professionally for 100 acres each,
upon the application ofthe Hon. Richard
M. Johnson, had been made this winter
to Messrs. j. Johnson and others, OF Ken
tucky-to be taken where the lessees
please, between lake Michigan and the
Mississippi river, to endure for three
years, with the right Of renewal, free OF
rent for two years, and paying one-tenth
of the ore raised on the third, and st'pn-
lation about paying for improvements.
The lease purported to be conditional,
but seemed to be in a train OF execution.
The lessees were authorized forthwith to
make their selection and go to work.
An officer of artillery (Lieut. Burdine)
had been ordered to meet the lessees at
the Great Crossings, in Kentucky, on the
LIST March, and proceed with them to Sc
lect the mine. A small detachment OF
regular troops were to give them sup
port and counlcnance. Three Indian
agents have been directed to hold them
selves in readiness TO proceed with the
lcssees to explain to the Indians the views
ofthe government in making the leases,
and securing the lessees in the uninter-
rupted prosecution of the work. Mr.. b.
took two objections to these leases:
/. Disadvantageous to The REPUBLIC.
9. Illegal.
First. Disadvantageous, he said, be-
cause the mines intended to be covered
BY the lease were worth an immense
sum, and were parted with for song
The leases would be located on the left
bank of the Mississippi, between Ouis.
consin and Rock river. Mr.. B. Showed
a table of the Indian trade at St. Louis,
in 1916, which exhibited the quantity OF
10000 lbs. weight of lead sold by the
Indians, from these mines, to the fur
traders. He referred to Mr.. Bracken-
ridges Views of Louisiana, page 65, to
shew that, in 1911, the same item
amounted to 100000 lbs. weight. Al
FIVE cents pound, the average price al
St. Louis, the first of these quantities
would command 5000 dollars, and the
second $4,000 dollars. Mr.. b. said thai
the richness of these mines was known tt
every body at St. Louisiana if there lc
ont, at auction, to the highest bidder
upon due notice, would have commanded
an immense sum.
Second. These leases we're illegal, be
cause the act of 1907, upon which thu
lessor relied, was special, and would ex
clude the present lessces. Mr.. B. reat
the act, and argued that it did not exten'
to the whole United States, but only II
territory coded by foreign powers Loul
siana) or by some state. The mines Il
question were on the Virginia cessior
and would not exclude the lessees upo
that Limitation. But there was another
which applied to the persons capable
taking the lease, which would exclud
them. The lessor relied upon the tre
yiso to the I'd section, (vol. 4, Laws Z
S. page lle.) That froviso has rels
ton back to the persons described in tn
preceding part; and they must be, Is
persons settled upon a halt section
land at the time Of the cession; "a, sci
tied there at the time of the passing
the act, Esd March, 1907 J 3d. and VIII
should apply for the lease before the Is
ofJanuary, 1908 To" sueh APPLICANT
when the halt section includes lea
mine, the President may" grant fermis
sion 70 veyk tic sonse," and cause "sue'