The daily union., 1846-04-30

) disposed of or a portion not likely to b,
: soldf The power Of the government could no
] depend on such contingencies There was o.
! there was not a power TO expend money in thi
, way. All that they could do was 10 take car,
OF the public lands, survey them, and make tempo
rary improvements in order to get access to them
But here was general power contended for-s
power 10 make roads and canals anywhere which
might have a conneIion with the public domain
and tend TO facilitate ts sale and increase its price
mai was, he thought, an unlimited power, and he
denied It's existence.
Mr.. CALHOUN remarked, in reply, that if the
gentleman could not distinction between the
case OF the Cumberland road work undertaken
10y the general goyernment-and the case in which
the government in Its proprietary character, con-
tributes TO works undertaken by States or indyid-
nsls, he (MI. O. could only express his regret.
4 10 MN the difference was as great that between
night and day. In the one case there was an exer-
ese OF the right Of sovereignty in the other simply
that Of ownership
Mr.. CASS said he did not rise for the purpose of
defending the course Of Mr.. Jefferson upon simi-
lar sukjzct to thst under eoss.deratlot, hleh ths
honorable senator from Connecticut seems to con-
demn. The views of that llustrious statesman
dad net need MIR. C,'s support. They may be safely
leh with his own fame TO the guardianship Of his
eountrymen Nor did he seek to redeem the sen.
ator from South Carolina from the charge of incon-
slsleney, which, IN like manner, the senator from
| Il
able senator thus called 10 account, was fully COM
petent, as every one knew, TO defend himself But
ne rose for the purpose Of correcting some of the
mlsapprehenslons into which the senator from Con-
4 necticut had fallen.
As to the question Of constitutionality raised by
the senator, II has no application here. IL will be
reeoeeted that the government OF the United States
has douole functions 10 perform. BY the consttu.
ton II manages the external concerns Of the coun-
try, and those internal concerns which naturally
arse out Of the relations which the States bear TO one
another. The general and the State governments
are kept distinct and independent Of each other
And m the practical exposition Of the powers of
Congress, it ought to become fundamental princi-
pie, that a strict construction shall be adopted so
that no authority not clearly granted, or not actu-
ally necessary 10 carry clearly expressed pow
ers into effect, shall be assumed by il. And here
lies the difficulty which has always been felt in the
exercise Of certain functions by Congress which in
terfere with the State soyeregnties, and which are
not among the express powers enumerated in the
constitution, such as the making roads, &c. But
the general government possesses another function be-
sides that Of special law making. II is a great land
owner, holding and having held more than one-haf OF
the Union, and expressly empowered by the consitu-
uon 10 dipose Of and make all nsedf rules and reguia-
lions respecting the territory other property belonging
10 the United States. Here is an unlimited authority
enabling Congress to take any course it thinks pro-
per concerning the public lands. While the iurs-
dicton as well as the title is in the United States
this power is unlimited. After the establishment
however, Of State governments, the ordinary jurs-
dicuon passes to the State authorizes and the power
Of Congress ceases a aw.maker except in those
cases provided for by the constitutions and in other
oases It retains only its power land owner. II
has got the authority to make all nstdfd rules and
regulations for the disposition of its property and to
dispose Of 1t just as pleases restrained only by
wholesome discretion. And our statute books are
hlle1 with lepialaton mi thia auhiert
IL will be seen, therefore, that the question of dis
posing Of the public lands is the only one which
arises in this There is question of iuris-
dicton here. This bill does not propose TO interfere
With The EShsaa nd s s r SaobSsss Ss @issf leaye.
legislature Of the State certain sf land TO en-
able 1t to complete great road, and to dig canal
across the peninsula. IL il accept the rust il will
exercise its own power, and the works will go on.
II it do not, there will be end the matter, and
the act will remain dead letter upon the statute
book.
So much for the constitutional question. But (said
Mr.. c. why should tins grant be made2 The sena-
tor from Connecticut sees reason for IT,. He
only in the proposition useless expenditure of the
public means. If we look further, (said Mr.. CO.
we shall see in these grants wise and just, as
we'll as settled policy, which has prevailed ever
since the establishment ofthe government.
Congress Is a land owner, and as a reasonable
one, should, in the disposition of its property be
dCluhltu ny tue bhlne motives WnlCn operate upon
individuals. 1t must, in the first instance, survey
its land and then establish principles of sale, and
It's Offices for selling it, These are indispensable
and preliminary steps. It's domain is an immense
one. 1t has been difficult of access. And the gen.
eral government has found it absolutely necessary
to make roads to and through various parts of it.
These 1t Is not necessary 10 advert to, for they
well known to all who familiar with the subject,
commencing with the road through the northwest-
ern territory, alluded to by the senator from Illinois,
running from Wheeling to Maysville, in 1876. ANY
andhoder seeking to dispose of his large landed
interest, would ask himself what improvements he
could make to give 1t greater value and reader
sale. This is dictate of common sense, as well as
Of every days experience. Roads, every one
knows, facilitate settlements. They invite the po-
neers along them, and encourage and enable them
to penetrate into the interior of the country, and
thus in succession cause more tracts to become
valuable and to be brought into market. Nor is it
necessary to produce this result that the road should
pass through each tract of the public land the
honorable senator from Virginia seems to suppose
Such system OF improvement would be Impossl-
BILE. The effect of a great road IN increasing the
value of land, is felt far beyond the immediate line
of the road and the farther the road is the more
important These great arteries have lateral commu.
nications opening into them Other things being
equal, their effect increases approach the
road, but u operates for long distance. The pO-
neer fxes himself upon the road, and when these
positions are all taken, those in the rear
pied; and thus thus the process goes on. And
though she land on the contemplated railroad is sod
still its effect of value, felt in the whole
country through which il passes, and insures bet
ter and speeder disposition of the public land.
As before said, while in Territorial state, these
improvements are made by the general government.
When that political condition gives way to State
government, the improvements should be effected
through their authority.
But there are higher considerations than mere
questions Of profit, which bear upon this subject.
Much is due to that enterprise, and industry, and
privaton, which have built up new world west
Of the Allegheny mountains
Mr.. G. said he thought If the senator from Con-
necticut could have seen the procsss by which the
forest is made to give way to the wonders Of i'm
provement, he would not only vote for, but advo-
cate the bill under consideration.
Mr.. G. said that both himself and his colleague
could speak from long experience upon this subject
He had crossed the Ohio almost half century ago,
and his colleague at still earlier period; and he had
in his eye at this moment valued friend (alluding
to Gen. Vance, Of Ohio, who stood in the lobby
who was also familiar with all those early scenes,
the remembrance of which is now fading away, who