Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-08-04
SPEECH OF JUDGE TRorTER.


SPEECH OF JUDGE TROTTER,
Delivered in the Senate on the Sd of July, on the
Bill to authorize the State of Mississippi to invest
the two per cent fund belonging TO that State.
On motion of Mr.. TROTTER, the Bill to author
ize the State Of Mississippi TO invest the two per
cent. fund belonging 10 that State was taken up.
Mr. WEBSTER moved to strike out fifty
cents and insert "the minimum price, but sub
seQuenlly modified it to motion TO strike out the
mole Of investment
Mr. TROTTER said In reply to the remarks
Of the honorable Senator from Massachusetts,, will
observe, Mr.. President that the bill before the SEN
ate proposes to reinuuish to Mississippi the amount
Of the Two per cent. fund which has accrued from
the sale of the public lands in that State, and TO au-
thorze her Legislature to invest ii in such railroads
IN the State as they may think proper. This propo-
stijn is in strict conformity to the practice which
' has recently been adopted by Congress. bill has
passed the Senate during the present session. 10 per-
nit the State of Alabama TO appropriate the two
per cent fund which has accrued from the sales of
her public lands in the construction Of great rail-
road in that State and the same privilege has
been extended to Arkansas, Michigan, and Louis
lana. BY the terms of the compact of 1917 between
the United States and the State OF Mississippi, five
per cent. of the proceeds Of the sales of the public
lands in the State was reserved; three per cent.
nf which was to be appropriated by the State to Oh
iects of internal Improvement within her limits, and
the remaining two per cent. by Congress to the ma
king of road leading to the State. We believe
that the reasons which then existed for making this
designation of the purposes to which the two per
cent should be applied have long since ceased, and
that the control oft by Congress should cease also
The principle Of the BILL il will thus be perceived,
il to reluquish this fund to the State, and to place it
under her control, limiting its application to roads
and railroads. Upon this general proposition, there
can arise az conceive, no controversy because the
principle of has been already frequently acquics-
ced in, and fully established. The bill, however,
makes a further provision that the amount Of this
fund now on hand as well as that which may here
after accrue, may be invested in lands, subject to
private sale or entry at fifty cents an acre This IS
asked with the view 10 increase the means thus pla-
eel at the disposal ofthe State to effect those great
purposes of internal improvement which it Is the
sole design of the measure to accomplish. and which
arc so loudly demanded by the condition OF the State;
and as this is, perhaps the first time Congress has
been called upon to act upon such proposition,
will proceed 10 state, as concisely as can consis-
iently with the nature Of the subject, the grounds
upon which we urge its adoption. The live pei
cent fund reserved under the terms of the compact
oflsl7, was evidently intended TO be consideration
for the REIMBURSEMENT which the State was COMPEL
ed to make of her claim to the waste and unappro
priacd lands within her limits, and of her right tC
tax the same within five years after their sale by
the United States. | say the State was compelled
to adopt the ordinance by which this REIMBURSEMENT
was made, because il was made condition Ollie
admission into the Union, aud an indispensable one
and that It should likewise be irrevocabe without
the consent of Congress 1t must, then, be confess
ed that the reservation Of the five per cent. was
very paltry and inadequate consideration for the i'm
OH kar inf, ~
but finer sovereign powers Of Legislation, which thu
State was thus forced to make. The amount 0
the sales Of her lands, reaching already the enor
nous sum of near Sl3,000,000, afford abundan
| prOofof this, if proof were wanting. This compac
has, however, never been disturbed, and am sure
| do not design TO d. so at this time. The Govern
ment itself appears to have become sensible Of tn
hardsbps and injustice which the several new State
suffered by the operation Of this and similar ordln
acee, and has already taken steps to lessen the So
verify them, by restoring TO these States the tax
ing power 50 unjustly withheld and by permitting
The States of Arkansas and Michigan to enter tn
Union, without this restriction upon their constitu
iona rights. There is not perhaps in the Who'll
| history Of the operations of the Federal Govern
nent m1re obnoxious and arbitrary exercise o
power, than that which exacted the surrender o
which am speaking, A surrender which nccessa
rig carried with it the highest and most essentia
attribute ofsoyeregnty and jurisdiction. surren
DER Which, in principle, abandoned the freedom an
independence of the States, and the exercise Of
most important integral portion of their muncipa
e,nS. Yes, sir, it abridged their rights cripple
fherrcsources, ana I'd iacnl under degradin
contribution to the Federal Government lis 'cn
Nency was not only to cramp and paraysc then Ell
'crges; but to place them ia most humllating con
Tlst with their sister States. Under the provision
THE Constitution, they were entitled TO admlsso
INTO the L non, upon the same terms with the orig
5aa States, and Congress had no power to abal
one lo OF title ofther Inherent sovereignty, free
DOM and independence. But will not pursue thi
subject, further than to remark, that whatever ma
y The issue Of the question which respects the i
" Inc States to the dominion of the lands with
men chartered limits, there can yet be no doubt a
70 The injustice and illegality Of the prohibition
anthem, after they have been sold, and become
par OF the mass of private property This prob
olon could be richfuIy extended five years att
NE lands are sold, why not fifty or thousy ~,
al lnfnitum: But no one win insist that perni
neat restriction Of this sort would be tolerated, for
moment, by any State that deserves to be ranked
such amongst the members of our glorious Coniet
eracy. The United States possessed Just the san
power to iahibt the exercise ofthe taxing power
We States over any other species OF private prope
y Within their limits. Yet no one will pretend,
masine, that If this restriction had zone 10 this e,
.sht that it would not have been an efectual pro
uauon OF their sovereignty and political integrity
nay! That II would not have been fatal 10 their vel
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