The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-13

| with reference TO their intrinsic value.
do object, however, TO the "oessionn clause Of
the bill. | am, and must continue 10 be, unwilling
TO see this government doing out her gifts either of
land or money 10 the sovereign members of this
confederacy. IL is incompatible with the structure
Of political system; il il the agent controlling
the principal and not the principal controlling the
agent; il is drawing around this government cen
tralizng power, which properly belongs to the ex-
tremities; and gloomy now seems to be the pros
pect, still hope the day will come when each State
Of this Union will feel the importance and dignity
OF its own sovereignty, and reject with contempt
the proffered bounties Of the federal Union.
Sir, ! respectfully submit to my esteemed friend
from Illinois, [Mr. McCLERSASp,l who reported
this BILL whether will not be BEST and more in ac-
eordance with the political sentiments entertained
by him and myself instead Of "ceding" the land TO
the States remaining unsod for thirty years and up
wards, to give il in limited quantities, without price,
TO any citizen who is without home and will settle
upon and cultivate the same.
Mr.. PArSE yielding the floor for the purpose,
| Mr.. McCLEREAsp said, with the permission Of
his friend from Alabama, he would mis- brief ex.
PLANTATION. Mr. McC. had reported tho bill from
| the Committee on Public Lands with full knowl.
edge OF all It's provisions. The clause Of csssion,
as he conceived, involved Guilty.
The constitution evidently eOntemplates that the
several States shall occupy the same footing Of
equality and sovereignty, under its provisions, in all
| respects Whatsoever. The old States claimed and
over the lands within their limits. To deny the new
States the same right Is to strike their sovereign
~ IN vital point. The power Of taxation 10 a vital
attribute Of sovereignty. The old States enjoy this
power as well in regard to lands in regard TO per
! sonal property. The new States are denied this
power in regard to the public lands before SALE and
IN several cases after sale for five years. The fed
eral government cannot take power beyond the pale
OF the constitution, nor State give 1t, except
IN the manner prescribed by the constitution; yet
hun Of u
scrlbed mode, the new States are prohibited this
vital power. The true and strict construction Of the
constitution would seem TO be, that the Of adms
sion admits each State to the proprietary right OF the
soil within its limits, and excludes from their limits
the jurisdiction Of the general government TO pre-
vent the public lands from being entered upon by
the citizen by civil criminal proceedings, or by
military force.
Mr.. McC. said that he was willing, however, for
the sake Of the of the measure and to bring
to speedy termination this invasion Of State SOW
erelgnty, TO vote for the amendment Of his friend
from Virginia, Mr.. DRoMaooLE which fixes a
minimum OF hye cents per acre upon the lands re-
naming unsold at the end OF thirty years. upon the
terms Of the bill, to the States in which such lands
| may be situated
intention to reflect upon the political orthodoxy Of
my friend from Illinois. No member OF this body
10 more critically accurate and correct upon all of
the great questions of the day than himself His
patriotic and enlightened views upon this, as upon
all other questions, alike honorable his heart
and to his head But he needs no eulogy from me
nor does the soundness Of his principles require my
endorsement The great object Of the honorable
gentleman seems to be to invest the States with full
and perfect sovereignty to the soil within their linn
It's. l desire to attain the same result; and my
friend will perceive his object will be effected as
fully by giving the land to the citizen directly, who
may seue and cultivate the same, as If Seeded"
directly 10 the States; and at the same time We
shall avoid the objections already urged upon the
| consideration Of the committee. With the amend
ment just advocated, the bill meets my most I'M
qualified appreciation. ......t ... ..aa s.... -
The gentleman from New York tMr. Goaposl
informs us thai the bill will open the door TO specu
lators, who will nonopolizer under " thu whole Of
our public domain. II this be true, have grossly
misconceved the provisions of this bill, and shall be
slow to advocate its passage.
The second section of the bill provides
That every person applying to enter any Of the sfore
act shall be required first to make affidavit before the regis
ter or receiver Of the proper land office tina, he she
actual seemen, and cultivation by and for him or herself
orior the use Of adjacent farm plantation owned and
entry he or she has not acquired from the United States
under the provisions of this act than three hundred
and twenty acres oil land according to the public
thereof and any person taking such oath BY affidavit
Ject TO all the pains and penalties of perjury"
Sir, with due respect for the opinions of the hon
orable gentleman from New York, | must be per.
med to say, this section Of the bill absolutely
ciudes the conclusion to which he has brought his
own mind. Before an entry can be made, under its
provisions, the applicant is required to swear that
the land to be entered "is for his or her own use
actual settlement and cultivation by him herself
and not for another. 1t is impossible to conceive
; how specu'aor--a man who buys land to SELL and
not to settle and ctatipa'e-can monopoze the public
domain by virtue of this bill
1t may be said that by false swearing the object of
the bill may be defeated and spectators obtain the
, land. The same argument will apply with equal
force to all pecuniary political trusts under the
{ government If men disregard the obligations Of an
oath, you can exercise moral restraint over them.
The constitution might be violaed-the laws cor
= ruptly admlnlsered-the treasury robbed--and va
rious other evils might and would occur, If man
, not bound by the moral obligation of an oath. But
is 1t fair thus to reason upon the corruptions of
r klnd' know nothing of the binding obligation Of
oath in and about the large commercial cities. In
the atd and corrupted atmosphere of those regions,
oaths may impose no obligation of veracity; they may
be regarded as "obsoee deas." But sir, in differ
en section of the Union, know oaths do impose an
obligation Of veracty; they are not regarded as sob
solete IDEAS" And hazard aothing in saying that
in pure country air, and especially in that beautiful
region of the west and south west where the flowers
of nature in perennial purity lend their fragrance to
the zephyrs inhaled by man, instlling virtue in his
heart and imparing vigor to his constitution, oahs
will impose the moral obligation of truth, and will
not be disregarded; or, il occasional instance OF
false swearing should occur the base delinquent will
prove an exotic, and claim his birthplace in differ
ent section of the Union. But, sir, to all such de-
linquents--should there be any--the bill Offers as
warning admonition, the pains and penalties Of per
c jury Again: no one person is allowed, under the
provisions Of this bill, to enter than three hun
i dred and twenty acres Of land. That quantity is
quite too limited to excite the cupdity of the land
j specuator. ..,.r.., .-....-# .n.r.,.
5 | How can you guard more cautiously against the
2 monopoly Of your public domain by the speculator
! You impose the obligation Of oath that the land
entered is for settlement and cultivation, and apply
e the pains and penalties Of perjury if violated, and
then limit the quantity entered to one-haf section
o You can do no more. If the gentleman from New
: York will divest himself of his Preconceved preju-
dice against the measure, and give to the bill that
candid investigation to which its importance entities
: it, he will find that 1t rigdly and carefully guards
= against the monopoly of the SPECTATOR and at the
n same time extends with generous liberality the
, helping hand of legislation to the actual settler and
r. IL