The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-04

ment pIOpOecef
thrown IN here in the that they By my irsnd
from Louisiana, calculated 10 give wrong impression OF
The purposes oil this amendment IL is not 10 put tLsse
eitilens into the hands OF military authority and contJQ
Il s no authorize the Chief Executive OF the United SLATE
10 cause 10 be reserved such lands may be Necessary
to The United States for military posts tie has the SUPER
vision OF the matter only the head OF the military b.,
a. The head OF te civil State He has the whole disco
siton OF the subject, and surely he ough' 10 nave a. he
must in this matter through the insifumenlaity Of
those who competent 10 decide upon the military
choice and necessity OF position Why no, in this cas-
well in any oherl II there Is military question:
military decide IT. just as III every other branch
OF public affairs il is necessary for the Chief Executive
officer 10 refer matters OF detail TO those who expert
in the particular department TO which The matter relates
Well, now. sir, where ~ the injury The land SO oc
cuped did not belong 10 the occupes or by Tins very
bin we are proposing give them title Is u not, Then
Just and necessary, when we are proposing to give this
title, that should reserve nom that general donation
such portions OF land the purposes OF The government
render necessary should belong 10 The government
Ia my judgment il is en'nen,s necessary Where Is tins
tenory' The immense distance al which II hes from
the seat of power, the small population winch 1t has,
the number of internal enemies by VII On lis peace may
be threaened-all 10 demand that The very bes,
military positions should be selected or Tue purposes
the defence and protection OF The inhabitants.
Now, what is proposed here II is to have that seec
ton made al the very best poss-nol TO Crafty the mil
lay OF The United States not to gfaiy us no, to dou
inhabitants Oregon themselves IL Is Tor their poec-
ton that we want the military posts. Now who ought 10
select them Why; surely ,he military officers They
-
President Who else can do II! This is question Of
military and skill, and they are the only people
competent to decide.
II seems to me that this il no attempt to invest the
President with arbitrary authority, any further than
the interests of the county there require should be DONE
II is necessary duty which cannot be accomplished in
any other mode.
Now, Mr. President, il being conceded, and nobody de-
nyng that il is proper that this power OF selection should
inauire why the right Of selection should be excluded
when there is occupation What right has the occu
pants As have said, if his occupation gives him IL
tle them suppose this bill does affect IT, L is not in.
tended to take away title from anybody But he isa
mere permission occupant dependant entirely Upon u.s.
whether we will allow him to remain an hour or not
Then the question is, whetherthere being public
sy in order to the protection OF the inhabitants Of that
Territory against Indian hoslies, 10 select appropriate
places y erect defences OF war-ihat great purpose
should be given up because somebody has been planting
field OF there, because somebody has been there
and erected log shany, or because somebody IS there
and says that he chooses to remain there lconiess do
not the injustice that is talked OF see no private
right invaded. When we propose to confirm titles, We
have right to suspend our confirmation upon such con.
ditons as we may see mt, and we clearly nave Just
right to make such selections oil the pubic domain as the
public interests require.
Now Mr. President, do not at all suppose that il any
there has actually made valuable lmprovementsu upon
any site selected, and the purposes OF the government
should require that his location or occupation should be
taken for public purposes, it would be deemed that
would be proper and right for Congress to make him am
pe lndennihcaon, not a matter OF legal claim, but
simply because il proper and rght-because Is rea
sonable and fair and under the circumstances. oughto
be done This bill does not prohibit IT.; this amend
ment does not prohibit il In the nature OF the case, all
that is necessary to be done now is to give This authority
We to presume that it 10 be arbitrarily eae
csed for the purpose OF annoyance The posts
be selected for the benefit and not for the injury Of those
people, and must suppose that this power would be well
and judIciously executed and any man comes here
hereafter and and proves thai he has been deprived
OF improvements which he had put upon the land, shall be
ready and doubt not Congress would be ready TO vote
hun iull indemnity for any loss he may have suffered 10
that way We Cannot be charged with violating any con
sltuiioDa authority for the property take is own
entirely our own These persons are merely permission
occupants, and have right TO complain oil any neces
sary step may take in the occupation OF our own
property, for the benefit OF the people OF the territory al
large. As understan nd the subject can nothing,
confess in this bill Which is either oppressive or unjust
nothing; indeed, which is not the reservation OF
necessary authority TO the executive for the
protection of the interests OF the people OF the territory
Therefore. as understand il. shall vote for i
Mr. DAVIS, OF Mississippi The honorable senator
from North Carolina Mr.. BADCERl has undoubtedly
taken the right view OF the extreme power he Is en-
rely correct with reference TO the extreme power but
"a matter Of policy, have said before, the exercise
OF such power would hardly occur, as every oflcer
would make his reservations with view TO avoiding the
scessity for exercising such power
Mr BADGER. spoke OF the case OF extreme neces-
sty.
Mr.. DAVIS, Of Mississippi. The senator from Louis
lana Mr. Dowks1 makes bis argument against the letter
of the Secretary OF War Well sir if | recollect the
letter OF the Secretary Of War does not talk about dis.
possessing the inhabitants of Astoria.
Mr. DOWNS 1t speaks of collision.
Mr. DAVIS A collision Howi BY claims to lands
which found necessary for military reservations
lands which are now possessed by the military.
Mr. DOWNS. But which were first possessed by
others
Mr. DAVIS Possessed by whom BY the British
Fur Company, by American settlers' Have the lands
been taken from any persons who faithful TO the
American government in time OF hosiiyi Is there any
such relation TO which there is collision now II
there them the honorable from South Caro-
hoa has said there should be and there would be ample
indemnity granted III should have INCORPORATED
his labor with the public domain, and should be
appropriated TO the Of the government, certainly
there should be ample indemnify In that event. hes
paid alone for the labor which he has incorporated with
the SOIL and for the title which he does not possess
The senator from Louisiana says that the government
purchased the land. Purchased il from whom They
must FIRE. give away, before they will be able TO Pur-
chase II of any body, for il belongs to them
MIR. DOWNS, Tin his seat) They have given away
already.
Mr. DAVIS Then it is not reserved by this bill
The senator defeats his own argument II IL Is given
away already of reserved II is clear that
the senator entirely destroys his argument and will
not consume time upon IT,
Mr. DOUGLAS | wish to say that my hypothesis had
basis in the letter OF the Secretary of War The gen
eral laws of the land authorize the Secretary OF War
make reservations Of the public lands for military pur
poses, and il entirely useless and unnecessary to au
ihorze the President Of the United States make
vstons il the object is merely to apply the power to I'M
occupied lands.
Mr.. DAVIS, OF Mississippi. II may very likely be
necessary to reserve lands upon which some individual
may have laid claim But believe that all such reser
vations will generally be made in such manner as to
disturb no actual improvements OF settlers.
Mr.. DOUGLAS That does not come to the point
a. A -