Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1842-05-07
i. L. a I'D a. Va i,
ID. r. HOLLOWAY.
SPEECH OF OLIVER H.. SMITH.
On the Resoiut ions of Mr. Clay, and IN rep
TO Mr.. Wright
! INDIA y
IN SENATE, -M.7RCH 3, 1912.

MIR. SMITH. Of Indiana, and said: Apprlz
cd, Mr.. President, OF the magnitude and mp ort
Of the resolutions before the Senate ieel the
delicacy Of the position occupy in attempting Il
discuss them. ! rarely address The Senate; but to-
day have much to say: not that am so vain "a
TO suppose that any remarks OF mine will have
much weight upon the public mind; still The fac t:
j shall present NAV claim attentions; and IN my
opin ION the time has arrived when 1t has become
the duty Of US all express, without reserve open
", frankly, and Independently, our views OF the
grea, measures involved IL these resolutions, and
To lay before the public the evidence upon which
these opinions based 1t ls with facts and
document expect to deal to-day. Mere rhet-
otical fouf ishes PHI steal dIsqus lion, how
ever finely conceived beautifully expressed,
worth but iittie to The practical man c"n-
not oven touch many of the resolutions, though |
heartily approve of them all. The Senator from
New York (Mr. WRIGHr) selected the first and
fifth Of the series as the fonndatIon Tor his re
marks; and feel rather disposed to take the
same course, and give to the matter arising un'
der Them my special attention. The first OF the
series brings up the whole tariff policy Of the
Governmant-past present, and future. Ihis
affords boundIess subject for debate, and -, IN
my opinion, At this period, of much greater mn
por,ance than /, has been at any previous time
since the last The filth resolution involves
the proprlety OF continuing the distribution. AL
though 1t may be necessary To Increase the du
ties above the twenty per cent nd va'orem, as
specIcd IN the compromise act. la commenting
upon this resolution, shall bo compelled TO dis
cuss tho consitutIonallty OF the distribution act,
we'll its expediencv, and to answer some
objections that have been urged against IT. Thus
especially dcvovcs upon me, standing as do al
the head of the committee that reported the bill
at the extra scssIon.-Thc debate at that SEES
sion mainly coniined to the opponents OF the
measure, the friends Of the bill concluded 10
take the vote without replying to the speeches
against IT, do not propose to follow tho Sena-
tor from New York IN his entire course of re
marks, but | shall endeavor to cover all tho
ground he occupied " thin the range of my gen
eru views will proceed Mr.. President: with
out further introductIon. 10 the subject before us.
and will discharge, IN The first place, my special
duty by noticing the fifth resoIution, though not
first tho order of The series before the SENATE.
bring up the question involved IN the distfihn-
ton act of the last session; and 1t must have been
noticed by the Senate that the Senator from New
York Yesterday selected that sub cct for the great
par, Of his remarks. snpposIng, doubtless, that
at that pom, his political opponents could
be assailed with the greatest effect.
The distribution act has been opposed, from
the very outset, by portion OF ITS opponents,
on the alleged ground OF lis unconstnu,i"nality-
Inat objection has been urged here by Senators
on every &C aston PARTISAN press has echoed and
Te-echoed the sentiment; and Legislatures OF AT
least two of the States. we we're kindly re-
minded Yesterday by the Senator from \. York,
have snicmnlv resolved its uncons tItutIonalIty-
| am aware, IN th.s dlscnssion. that | might stand
behind the law. and rely upon the presumption
Of constitutoaality that always arises in favor Of
act that has received all the constitutional
sanctions; but do not choose to do So; step
boldly forward. and accept the constitutions; issue
rendered, as though the bill now for the frs
time upon its final passage. This course is ut
least far to others, and 1t is entirely satisfactory
TO me.
Mr. President, have too much TO say to>day.
70 allow me tune 10 60 into the history OF the pub
i:c lands, to even glance al their course of ad
ministration from time to time. Nothing viii be
lost, however, on this porRt. as the Senate and
the country have become familiar with that part
OF the subject. | may. however. say That the
public domain consists OF lands known formerly
crown lands; these acquired BY the
ty OF peace, Mt the close of the Rev olutiOn; lands
coded to the United States by ludIv idual States.
and lands acquired by purchase from France and
Spain. These lands, however acquired, were
subject TO the Indian right of occupancy. IL Is
not nv purpose TO 90 into the argument arising
out of the deeds of cessIon. this time. further
than TO that the cedlng States granted their
eminent domain to the States forming the Com
federacy. aud such States as might become mem.
hers OF the sime, the cedng States included. for
the purpose OF, and IN trust for, the payment Of
the Revolutionary debt, in proportion tn the Con-
eral charge of each State. These lands, being
coded in trust, were liable 10 the for which
they wera ceded; and, after they were released
from that charge, their proceeds belonging To the
States TO whose they conveyed by the
deeds of trust, the ceding States included the
United States became trustee, aud was bound
IN good faith TO execute The trust | went full
" INTO this part OF the argument at the last SEES
SION. that omit this part OF it at this time. II Is
not essential TO the constitutional argument that
should discriminate between the land however
acquired The power of disposition under The
constitution. | contend, is plenarv. ample, and
unlimited, except hv Congressional discretion
over the entire public domain however acquired.
ana however held, with the exception of the trust
10 which have alluded; and in that case The