The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-06

D0DATB In THE SENATE.
IFrsm Howstsn's Official Rsports.]
WEDNESDAY, MAY 3, ls4s.
oRAnT OF LAND TO ILLINOIS.

t.s r oRAnT or ILLINOIS.
Mr. DOUGLAS moved that the Senate proceed to the
easderstoa of the bill granting TO the State Of Illinois
the right OF way and donation of public lands, for
making rairoad connecting the Upper and Lower Mis-
ssssipps with the chain oil northern lakes at Chicago
h.eh bed bsss made the special order for this day
The motion agreed to. and the Senate resumed the
consideration Of said bill as in committee Of the whole
Mr.. CLARKE then remarked. that OF the senators
from Indiana, who desired to offer amendment to the
BILL was not present. and, 10 his absence. he hoped the
coS,ideISl,n ,n Of The bill would not be pressed
over He would gladly insert the amendment to which
allusion hal been made. He would now move as an
amendment that clause Be inserted in the second
extending from the Mississippi pia Springfield to the
Indiana line IN the direction Of Covington.
the consideration Of Inc bill should be postponed
sequence Of the absence OF the senator from Indiana
Mr. DOUGLAS remarked that if the senator from lnd
MI. NILES l would inquire OF the honorable senator
who has charge OF the BILL what Is the quantity OF land
Mr. p 81 have no, made til. calculation
The grant OF land is for alternate ssclons-sx miles
MIR. NILES For the whole length of the road What
is the length of the roadi
Mr. DOUGLAS. -Four hundred miles.
Mr. NILES -Four hundred
Mr. DOUGLAS. The lands have been for sale for a
period of twenty-five years, at dollar and quarter an
and have not found purchasers for the reason that
they situated in large prares, distant from market,
and without timber H. by constructing railroad, the
means of Transporting timber he provided there can be no
doubt the alternate sections will be readily sold for two
Mr.. NILES. The gentleman gives a very fair expla-
Mr. DOUGLAS. am happy to hear it,
MIR. NILES. have another inquiry to make Does
the bill absolutely vest the lands in the State, whether
the railroad be made or not ~
MIR. DOUGLAS No. There is provision that if
the road be not completed within fifteen years. the lands
revert the United States and il any portion should be
sold, the purchase money is to be refunded There is
ala a rec ri the tO no
United States government for the transportation of its
troops army and navy supplies and all their public prop
ery of every description.
Mr.. NILES Is there any provision for carrying the
MIR. DOUGLAS There is not But if the distin
guished chairman of the Committee on the Post Office
and Post Roads offer reasonable and liberal provision
that effect shall have great pleasure in accepting it.
Mr.. JOHNSON, of Maryland, lin his seat) There
ought to be such provision.
Mr. DOUGLAS | shall cheerfuIy insert such pro-
vision, and add clause to the effect that in of dis
agreement between the department and the State, the dis
A SENATOR, Gin his seat.) The mails ought to be
a M. DoUGLAs Oh, no. That could hardly be
asked But am willing to accede to any reasonable
Mr. NILES. Well, if the United States give the
of making the road. do not think would be un
reasonable ask that the mail should be carried without
charge understand that it is proposed to grant por-
distance Of miles That Is ALMOST
ample proposition as we have before us for the con-
strucon Of railroad to the Pacific. The protector Of
that road for little larger breadth of land and pro-
poses to make the whole road out of the land granted
him-making it free 10 the United States This road is
for the benefit of the State Of Illinois. to be under the
management OF that State and to be owned by that State
This bill is designed to put into the treasury OF the State
the value OF this large amount OF public lands, order
be, will not undertake to say 1t is, undoubtedly, very
considerableeq to the minimum price of the land, and
perhaps considerably more cannot vote for this bill
cannot make the proposition suggested by the hon.
Oabe senator what might, perhaps inure to
the convenience and benefit Of the United States in
relation to mail service, because believe the whole
thing is wrong-wrong in view of the constitution
wrong in view OF any sound principles of policy and JUS
tice relation to the whole Of the States Of this Union
railroad this any other form Our attention was d.
rected the other day to very great Inconvenience and
evil under which the whole country abors in relation
railroad across the State Of New Jersey; and that
case almost wish we had such power is claimed BY
those who advocate this b but have been able
TO satisfy myself that such power does exist To say
that we can get round the constitution by granting the
public lands, instead of taking the money directly of
The treasury, is certainly trihng with the judgment of
this body. II means the same thing. The whole thing
wrong, and cannot, in my judgment, be sustained
ALL without violation latitude of construction of the
constitution entirely lpju.tfabe Ihold that this system
is entirely incompatible with any rational construction of
the constitution any just Interpretation OF that nstru
ment What is this principle! Why it is this that you
may exercise this power where the government of the
United States have certain description OF property and
nowhere else; taat you may take the public land and
make railroads, other public improvements, in the
Sales wnere Inc puDlc lands happen to be, from the
funds thus obtained am utterly at loss to know how
the existence OF public lands in particular State
gives any additional claim these grants from the
general government, so far as the policy and con-
stituonal justice of these grants are concerned |
know it is contendei that benefit accrues to the gene
raj interest of the United States; and has even been
claimed that this consideration sets aside the consu-
tonal difficulty. never could the force of that
reasoning; and in this case, is particularly difficult to
perceive tie force, when recolect that according to
the provisions OF the bill the land be selected is not
confined to the immediate vicinity OF the road This is
simple proposition TO grant the propretorshpo these
lands for the benefit OF work of internal improvement
which is TO be owned by particular State Now, be-
eve it is founded upon the most manifest injustice If
to make appropriations for the benefit of works of
this kind, they should be made on some general prnci-
plcsome system which will nure in some degree to the
common benefit OF all the States of this Union.
DO NOT propose, however, to go into general discus.
sion OF the question. l know Il will be Of no avail
have seen all this before, and know the result sup
pose this bill will pass think it is proper that some
provision for the conveyance of the mail should be in.
serted but recollectng that offered such propo-
son and that was voted down, do not feel DISPOSED
to offer any amendment on the present OCCASION shali
content myself with asking for the yeas and nays
Mr.. DOUGLAS. have drawn up amendment in
relation to the transportation of the mails which think
will be satisfactory. It'll as follows oTa
Add the following: SEC 8. And BE- further enacted That
the regulation OF the Post Office Department
ble price paid other railroads. and in of disagree
between the State and the department price,
the in dispute shall referred the Unitsd States
district judge for said State. 49,
MI. CRlTTENDEN. My only purpose was to sugs