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

everlasting
II anything can be settled by precedent-if anything
be fixed fundamental law by the unanimous approve.
Of the wisest men-such men as Washington hlmsei.
and such Congresses have existed since the formation
OF our constltuton-ths is such question. | have no
doubt myself. either the constitutional right OF Con
gress to make the grant, or OF the wisdom and sound
Mr. BAGBY For some years past there have been
frequent attempts made to Introduce propositions OF h,s
sd but happily there are lew OF US a. sasi among .e
my duty resist such propositions TO the last To say
nothing about the constitutional question: which the
tor from Kentucky to think has been settled by the
practice OF ages there another important feature in this
bill connected with public policy About long this
ysem of granting alternate sections has been vogue.
the price Of public lands Well, conemporaneous and
par pdssu with this proposition TO reduce and graduate
proposition is brought forward for the purpose-and
mainly relied by the advocates of the internal I'M
provement system, the ground that it effects that pur-
pose-of enhancing the price Of the public lands. This
latter proposition is recommended by its advocates the
ground that by giving away alternate sections you there
by raise the price OF the remaining sections to two dollars
and fifty cents Now shall not inquire into the
mathematical accuracy by which it seems to have been
tenn provided by this bill, will, in addition to the govern
ment price, bring one dollar and five cents
acre. That would require little nicely and
AS the honorable senator from Connecticut says, there
soundness in the proposition and is in vain to tell
that the constitutional question can be settled by precedent
for establishing bank of the United States apprehend
the senator from Kentucky will not find sustaining him.
this question: as many he would for making inter
nal improvements by giving alternate sections. Dlves
this proposition of all the extrinsic features which
thrown around it, and what does it amount to- take it
that this road cannot be constructed out of these value
less lands for twenty years For suppose the road to
be constructed from the proceeds of these lands; the
strucon of the road being the consideration for the grant
noT ess than this We Will copsrct the road d, provided
you give land enough to pay for il. ask, is not
this the true state OF the The evil is likely
stop here In many of the States of the Union, there
no public lands and if you grant to the States where
there are public lands any quantity they may ask for the
purpose OF constructing roads, with what pausblity
with what show of justice you refuse to make grants
the older States, when they come forward and ask
them for the same purposenot in public lands, for they
have within their borders-but in that which is
precisely the same thing and human ingenuity cannot
change il. Tell me what you will about enhancing the
price OF the remaining portion Of the lands to two dol
lars and fifty cents acre; is all Illusion Because,
after having granted away all the alternate sections will
they not have the claim upon Congress to graduate
and reduce the price OF the remaining sections they
would have If no such grant had been made! shall not
consume the time OF the Senate, but shall content myself
with asking for the yeas and nays.
| Mr.. CRlFTENDEN. have but single word to say
upon this subject. know from long acquaintance
with my friend from Alabama how strict and how slren
uous he is in his construction of the constitution AS far
precedent is concerned, there have been great many
in favor OF the exercise of this power than there
have been in favor of the exercise of the power to
which he has alluded There have been, believe, fifty
to 1t is not precedent alone that establish
and settle particular point, but succession of opinions
and of experiments A concurrence of opinion among
men heretofore, certainly must be allowed to have
influence in our determination Whether the precedens
for bank of the United States number or force
sufficient to establish its conslituonaty matter to
be left open for future determination can only say that
Mr. Madison considered that presidents had established
the questions and he acted upon that opinion, by giving
his sanction to law establishing bank of the United
States. And MIR. Madison was wise, and good
But as to this power OF granting the public ands il has
been exercised-I believe do not speak in exagCeraon
when say--a hundred times! There has not been
President Of the United States who lived through his
There an instance in regard to the senator's
| State. How many acres did we give TO make a canal
around the Muscle shoals?
Mr. BAGBY. -Four hundred thousand
Mr.. CRlITENDEN Yes; four hundred thousand
Mr. BAGBY. And all thrown away
Mr.. CRITTENDEN That has nothing to do with
the question OF power. have myself no hesitation or
doubt the subject; but do expect to be able to
asks only about three times much land as has been
thrown away in an Intellectual attempt TO make canal in
Alabama We have made grants of public lands for the
establishment of institutions in certain States This
proposition is free from the objection which might be
made in those Here it is upon own land that
the improvements are to be made and they will con-
Iy affords us object and motive for interesting our
selves We make the grant of portion precisely upon
the consideration OF an improvement of the rest We
may be deceived in this expectation but it reasonable
one and have no doubt myself will be realized if the
work should be accomplished.
Mr. NILES. The senator from Kentucky says that
grants OF this character have been made under every ad
mnisatlon. believe the senator is entirely mistaken;
no such bill introduced into either house until
recently According to the best Of my recollection neither
jackson nor Van buren gave any sanction to propositions
OF this kind. President Jackson attempted to limit and
restrain these schemes for internal Improvement and
for time, he succeeded in the attempt What is prop
oston for grant OF public land for the construction of
railway, but an attempt to the funds of this govern
ment, in cooperation with the State authorities in mat
tiers OF internal improvement Is il anything different
from this in principle Not at all President Jackson
limited this power to the improvement of water courses
and not to the erection of original modes of communica
ton; and President Van Buren, we'll assured acted
upon the same principle The senator says he has no
pose to argue that question now Ii were TO do so,
should not expect to doubt in the mind of that
honorable senator. | believe he is SO fortunate as
not often to be troubled with constitutional doubts; but
acknowledge, | am often troubled with them and
they are very annoying Some gentlemen (of whom
the senator from Kentucky is one) generally free from
any of these constitutional scrupes, which feel the
force of almost every day They, have doubt take
liberal view of the constitution, They look no,
tends to the improvement of the country according
to their doctrine, comes within the constitution
where. confess that have more limited rule, and
have felt 10 be point of duty to take care that the
constitution is not nfrnged in regard these grants of
power. We mixing up authority with State au-
thorty-to accomplish what! To accomplish work in
which the State is Immediately interested and it being
exclusively State object, there cannot, constituonay,
be any JOINT action or cooperation We cannot interfere
execute it. But merely TO remind the from
kentucky that he mist akanxy ha RIA all