Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-28
TWENTY-sIXTII CoNGREss---ad SESSION
IN SENATE Wedncsday, January l3, 1871.
PROSPECTIVE PRE-. EMPTlON BILI-
~ cosTtNUaTIoS.


position To strike out Mr. Crttendens amendment nnd
insert provision ceding the public lands, on certain
conditions, TO the States in which they lie
Mr.. PRESTON expressed his regret that, on hrs ac-
count the Senate should have gone through the iorna
ty of an adjournment, since he had nothing to say which
would at all compensate for this delay lie had Intended
offer but few necessary remarks and he now theIe
fore rose under circumstances somewhat embarrass
ing Tie felt it, however, TO be duty which he owed
To himself, before he gave the vote which lie intend
ed 10 give this measure, state reasons why
he could not yield it his support; more especially as
lie had formerly felt somewhat inclined 10 favor some
such scheme for he had been ready embrace almost
any which should divest the Federal Govern
mant of that trouble veSation embarrassment, con
tests, and particularly of the patronage which mr. So
from these public lands lying within the several S;ies
The management Of them seemed To he generally con
coded be very burdensome t. legislation, and he
had been very anxious that effort should he omitted
To deliver Congress from s perpetual eSnct"ns; ana
lie still considered It of misorunes TO he so
often called to discuss and decide upon difficult qnrs-
tons connected with this intricate subject, and so ire
queny exercise the powers of the General Govern
ment within the limits of the States.
A long course of observation, however, had hi-
minishrd his appehensions tn the subject OF most
difficulty VIZ: the danger Of Executive patronage,
arising from the possession and management ni 'h's
extensive domain Reason and experience had long
SINCE t,ught him that all the powers which Congress
assumed whether lcgmately or not, whether constr
in the President Of The United States, whose person
was the great and ultimate depository OF the powers u
Government, and most especially of all unauthorized
and doubtful powers claimed by it, Having resisted all
ire guar cxertion Of Executive authority with great
ANXIETY and having felt its effects very severely, MT
| E. had been extremely DESTROYS TO the rrolihc
source of patronage diminished or cut oil when NJ
saw from day to day, many of the Senator's repre-
senting new States of the Confedcracy, voting ha'
bitualy with the Executive, and sustaining. all those
l tha
proved 10 be disastrous, he inferred That there
was a source of influence in the public !aCts which
produced n course much 10 be deprecated lie per-
ceived that the control of this public domain enhanced
the powers of Congress, and that Congress was DIS
posed to surrender lis powers TO the Executive.
Mr.. p. however, said that the deep and painful K
iety he had experienced this subject lad been
somewhat diminished. lie was happy to find that he
had been mistaken 10 the extent of The cv that, al
ter all, the free spirit of the inhabitants Of the new
States competent to resist this mal:gn influence
VI asserting It's Independence and tins gave pledge,
and furnished happy augury Of the continuance Of
our free institutions. Mr.. 7. admitted thnt he had
lately been taught lesson Of great value Tie landed
States, which he had supposed 10 be bowed and
subjuaated bv their ndltion into spirit of ubservi
ency TO he Execuv, viii, had, in the late iresiden-
| tia election pr we'd that large majority among
them Animated by spirit superior 10 local
and temporary Influences Five ont of nine OF
these States, embraced in this cession had ranged
| themselves against Tue eHSlTg III
spite Of lis patronage, and tho open and daring
nse Of il for its purposes, and nut Of Co. had cast II
votes for General Harrison. Mr. 7. asked pardon,
therefore, Of these patriotic States for tie fears
which had possessed him. He here took back the
opinion he had held and expressed. lie congra-
tulated the country favorable Of the iu-
tnre. and prepared well 10 believe that the
sturdy independence of brethren IN the West would
ever be ready assert itself when circumstances
CURED Mr.. r said this in no spirit of acrImony to-
wards any one, but to explain and vindica'c some
change of opinion which had been mainly founded on
| these views
Mr. F. did not desire 10 be understood sayirr that
he had could at any time have approved the prof Get
of ccssion presented to the Senate, but he had
once expressed himself in favor Of surenderng some
wav the States the exclusive control ofthe pub
lie land within their limits, hoping thereby 10 exempt
Congress from all further responsibility and anxiety
respecting it, and to relieve those States from the
Hueucc of DANCE rons patronage He did not think
that under the powerful acton OF these motives
when operating his mind in their fullest free, he
could have voted for the proposed by his COL
league. He certainly could not do SO at this tine
| Mr. P was aware that the entire subject Of the ad-
mins,ratiop of the public domain thrown open
for discussion but il not his purpose to
large upon the subject not only because there not
now time 10 do it Justice, but because he had already
spoken to the principle Of presumption contained in the
bill
And now, said Mr.. p. with regard 10 the amendment
before let llTS look II The nature OF lnt powers
of Congress in controlling the public lands Bv an
express provision in the Constitution, author
lied 10 make such regulations regard 10 then Con-
gress shall think proper. This provision resulted from
The cession by Virginia and Connecticut and from The
subsequent ordinance Of the old Congress. Indpubt-
edly these grants did look to the power exercised
der the Confederation in establishing the Of con.
trbution of the different States TO the expense Of the
General Government. ! hold in my hand these deeds
of cesson and The ordinance Ia which have just
frrred shall not 90 fully into the extent OF tie
troll here authorized the dntles Of Congress growing
out of IT, By these deeds IL is declared as follows:
"Decd If Cession Of Pugiuo, .Narch l. l7-4.
| "That all the lands within the Territory crdcd 10
the United States and mt received for or appropriated
10 any of the beinre mentioned purposes Me- 'ssaIl
be considered common fund for the and benefit of
such of the United States have become shall be-
come members of the Confederation Federal alliance
of the said Slaes Virginia included, according to their
usual respective proportions in the general Charge and
expenditure and shall be faithfully and bona d, dis.
posed Of for that purpose and Tor no other use or pur
pose whatsoever"
"Dced of Ccss;on Of Connecticut, Sept. IA, 17e6.
Gall the right title interest, jurisdiction, and claim
of the State Of Connecticut, &c, sha be included,
released and coded the United States "for the
mon use and benefit of said Staes Connecticut nclu
sive.''
South Carolina decided August @ 1857 "for the be-
nefi of the said States North Carolina decided "as
further means as well Of Fastening the exlingushment
of the debts of establishing the harmony Of The u
Sates and declared that the lands ''sha be consider
ed common fund Georgia decided on the same con-
ditions.
Resolution Of Congress, Oct. 10, 1850
"Resotced, That the unappropra'cd lands that may
be coded renqushed to the United States, by any
particular State shall be disposed of for the common
benefit of the United States
What then, the powers and duties of Congress
in reference to this fund? The first thing that strikes
one is that by the of Virginia fund was
ded-expressly and emphatcay fund-to be used in
the general charge and expenditure for the nse and be-
net ofa the States and them by way ogeater caution
and more explicit declaration adds, "and shall be faithful
~ and bona de disposed offor that purpose and other
use or purpose whatsoever It is manifest that 'ir
GINA had in view money transaction-th creation OF
fund to be in the hands of Congress, to be disposed
of for money purposes While she coded the urlsdlc-
ton of the lands her object was to enable Congress to
discharge moneyed dues, and effect fiscal operations
contend that this trust fund, to be used for the
benefit fthe U. S., certain conditions, and under
restrictions, and that control over it is limited BY