The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-11-02

come, members OF this Confederacy, and that 'h's
General Assembly dsprecafes the adoption Of all sucn
measures by Congress a. VIII have contrary ''"
dency."
The honorable Senator from Illinois, then, must
excuse IT, in these solemn and authentic proeeeu,
ings Of The popular branch Of her Legislature, hnd
the sentiments and principles of Virginia, on TINS
great question Of the public domain, rather Than IN
any spocryphal interpretations Of the policy oil hef
acts by members on this floor.
do not propose (said Mr.. r. To enter into the ge-
neral discussion of this bill. That field has been al
ready fully occupied On the constitutional question
which has been raised, my colleague Mr.. Archer)
has made an argument which has not and, IN my
opinion, cannot be answered. What language can
be broader than that by which the Constitution com
veys TO Congress full power over the disposition Of the
public lands.
1.-THE Congress shall have power 10 dispose Of and
make at needf rules and regulations respecting, the
territory other property belonging TO the United
States and nothing in this Constitution shall be 50
construed as TO prejudice any claims OF the United
States, or Of any particular State
can conceive Of no form Of words that could vest
plenary discretionary authority any subject
than this clause Of the Constitution vests in Congress
over the disposition Of the public territory. Well,
therefore, did General Jackson say, his annual mes
sage of 1882, that The public lands being then
eved from their pledge To the payment Of the debt Of
the Revolution
" II is in the discretion Of Congress to dispose Of
them in such way as best TO conduce to the quiet,
harmon y, and general interests OF the American Peo
pie"
And yet We hear gentlemen Of that political school
attempting, by an inverse species Of latitudna-
riansn, TO refine away the plain language Of the Con-
s,ituilon and contendng that Congress has more
power discretion in the disposition of the public
lands than il has in the application Of the ordinary
revenue derived from xatiOn.
The variable and undlsDuted practice of the Co
vernment well the obvious letter of the Consti-
iulion opposition to this theory Look into the
statute book, and how many instances do you not find
Of general donations made by Congress to the new
States of large bodies Of the PUBLIC lands, IRON
hundred Thousand To half million of acres. These
grants have been made without any question having
been suggested, far as know, of the constl-
tutional power vi Congress 10 make them And yet
who would gravey contend that il would be compe-
tent loT Congress to make donations of a hundred
thousand or malt million Of dollars To individual
States under the power OF appropIIating the public
revenue, defined in the Constitution Again
specific grants OF large quantities of the public lands
have been from time to time made for the establish
ment ofcoeges and semlnaries of learning the new
States; and virtue of standing provision in the
general land system Of the United States the 10Th
section in every township Of land is set apart for the
support of primary schools. And yet the widest
lali udnarian would hardly contend that Congress
could constltutionaly, by similar applications oil the
ordinary revenue, assume patronage over the sys-
TENS of public education in the several States Knight
mention the various instances which have occurred Of
donations made by Congress OF entire townships of
the public lands to parties Of foreign emgrants with
view to ourage the introduction OF new branches
of agriculture or rural economy, and numerous similar
examples in the legislation of Congress, all proceed
ing on tie recognised distinction between the limited
power OF Congress in the application of the general
funds of the Government, and the discretionary au.
thorty, expressly delegated the DISPOSE ion OF the
public domain. But forbear, and leave this part OF
the subject where it may safely stand-on the plain
language of the Constitution, and the conclusive and
unanswered argument ofmy colleague
The real difficulty attending the question is one of
time and lies In considerations connected with the ac-
tuai condition of the public Treasury. In the re-
marks had the honor to submit to the Senate this
subject DUNG the last session OF Congress, stated
the danger there might be that, il the land und
withdrawn from the National Treasury in its
present embarrassed condition, such increase of
the revenue from customs would be called for TO in
yolve the risk OF disturbing the tariff compromise of
1888 Regarding the maintenance of that compro-
mise in fact essential bond Of peace and harmo-
ny in the Union it seemed to that justice and po
hey demanded that the distribution of the proceeds Of
the public lands among the States should not take
place until satisfactory guaranty given that the
adoption of the measure should not be permitted TO
lead to the imposition Of new duties in any manner
conflicting with the principles and provisions of the
compromise OF 1888. 1 hat guaranty has at length
been given by the Incorporation of amendment in
the Dill In the most solemn ana
equvocal FORM that if at any time hereafter Con-
gress shall pass law imposing any duty exceeding
the rate Of ~ per cent, stipulated by the compro
mise act from that moment the distribution of the land
fund among the States shall be suspended% This
amendment furnishing every practicable security
against increase of the tariff, in violation OF the
compromise act and conforming to the fullest extent
to the views declared by the popular branch of the Lee
gis!ature of my State in the proceedings TO which
have already referred, shall without hesitation, re-
cord m " IF he IF the hill do
from the desire feel at all times conform my re-
preventative action here to the sentiments and opinions
ofmy State, declared by the immediate organs
of her will, and in the thorough conviction that be-
tween virtual surrender of the inheritance
Of the public domain few favored States under the
name II graduation or eession the one fand, and
equal distribution Of the common fund among all the
States on the other, which il be longer doubt
full is the sole practical alternative presented to
there would be the same unanimy of decision among
her people has characterized the proceedings their
immediate representatives in the popular branch of her
Legislature Ii the bill shall pass, IL will finally settle
question which, from the origin of our existence as
nation, has been fruitful VI heart hnrnings
Jeaousies, and disscnsions amo the States and BY
placing at the disposal of each for the impr vement
physical and moral of her internal condition. talent
of nestimable value il wisely employed, will hum.
bly, trust, prove the most eecual of promoting
the quiet, harmony, and general interest OF all.
The amendment referred to- and which now stands
as part OF the law, is in these words Prorided
That it, at any time during the existence of this act
there shall be an imposition Of duties imports in
consistent with the provisions of the act oil March
second, thousand eight hundred and thirty three
entitled IAN Act to modify the act of the fourteenth
of July, thousand eight hundred and thirty-two
and all other acts imposing duties imports and be-
yond the OF duty fixed by that act TO wit t,ceniy
per cent the raue Of such imports or any Of them
then the distribution prorid,d in this act shall be
pended, and shall continue until this cause Of its
suspension shall be removed and when removed if
prevented by other provisions Of this act such dis
tnbutien shall be resumed"