The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-14

Mr.. DAVIS. OF Mississippi II the arxamen, Of the
senator from Maryland is to obtain, follows that the
concernedthat ned loose and have rss.ric
ton and limitation upon full indulgence Of our symps-
ass hd and q ssa M ne sSys that ns will 70 lons.. Be
viced of having broken ninety and nine tnss should
yet torbear the hundredih.
Now. to the grants made 70 the States for edaea
onal purposes The senator fogsm that these grants
We're made 10 the States for consideration
these new States surrendered the right the domain
heretofore for five years after tho SALE This the
consideration that has entitled the new States TO the
purposes, and the per cenags upon sales made within
their limits That 10 not bounty by any means. bat
0nS NJ PEARct PEa! & n Fl. Ss ses 1o.,
'4s M Y DAVIS. vsi S q Ms.is.pp BY which Ii. new
~ ~
purposes. The senator from Maryland mentioned two1
think there have been three; n which cases however,
hold that we have departed from the constitution in
sumng the power BY which they were made. Because
has been done heretofore il does follow that must
% sns :sa s E.1
idea proposed granting lands for any other con-
sderaiions than those which belong the grant ITSELF
and which brought strictly within the rule OF inurng
10 the benefit of the government by the grant Htwas
granted for great national Objects might follow that
i would have the effect Of allowing us to grant away
all the public domain: we might grant away the re-
naming land oil the. State Of Wisconsin, which my
friend before me Mr.. WALxERl clossly guards,
some
other river, to improve some harbos--,he harbor Of
Baltimore. or some other harbor II is exactly be-
cause Of the strict limitations OF the time and locality
by this bill, that think the rule we have heretofore
deavored to follow should be strictly adhered TO- There
is limitation as 10 the tme which cannot 70 beyond the
81 as 10 5 N
ton TO some object connected with the place where the
grant to be made 1t this double Limitation of space
and time which would probably prevent the grants thus
made from becoming great encumbances upon the treas
ury, even if they were improperly made II properly
made, would rebound to the treasury of the United
States. "a so
Mr. PEARCE. beg leave to say tina, although the
grant Of the sixteenth section in every township 70 the
from The proceeds OF the sale of the public lands, should
be considered as having been given for consideration
which the senator has mentioned that does
ter which have been made There was no such consde-
tion, for example. for granting township to Ksnucky
and one 10 Connecticut Or making grants OF land In Ts:,
carawas county Ohio, or grant OF her waste OF uneod
lands Tennessee condition that she should apply
forty thousand dollars to the establishment Of college
There have been great number of cases in which have
made grants not at all in fument OF any contract OF
/Mr. DAVIS, of Mississippi. admit that two grants
have been made for eleemosynary purposesone in Con
neclicut and the other in Kentucky But if the
will TO the history Of Tennessee. he viii find that
which will not apply to ono Of this characerI a7'll
Mr: PEARCE; The grant Of 100000 acres. under shs
act OF is4, TO the States in which public lands lay, Qu
all SIX millions OF acres, not made In fulhment Of
any such contract Various grants have been made to
different States. which not for the purpose Of fulfill
ing any such contracts that am right in the position
which took Although repeat the expression that
am not now to be ieered by supposed constitutional
sirictons by no means intend TO be understood cay
ing that do not recognise the validity of constitutional
prohibitions restrictions, the senator does. Not At
all The truth is, the constitutional power of Congress
the public domain and the public money has repeat
edly been the subject OF doubt and in Congrsss
The construction OF the constitution consider settled
by the repeated precedenis OF nearly hall century. Ill
had entertained any doubt heretofore, should longer
entertain ii for ii is dlspeled by repeated legislative de-
cisions in relation this subject affirming the power Of
Congress over the public domain 10 be greater than the
senator from Mississippi suppOses il TO be. And indeed
we have not limited ourselves TO the disposition OF the
public lands in this respect We have given away the
public money in many instances almost freey the 3
public lands. In 1912, think j, was. whsn Mr.. Madi-
son, that strict constuconis, President, appro
priaed fifty thousand dollars 10 be expended in Provs
ions TO be sent to supply the people OF Venezuela. who
suffered from the great earthq uake When the OF
Alexandra burnt, gave S20 900 to assist the in
digent sufferers by that calamity We have used the
public lands and the public money without any such
srcuon seems to be supposed BY nome gentlemen 10
be imposed by the constitution. What say, therefore.
is that the construction given by these repeated precs
dents such 10 make feel perfectly al liberty to
vote Tor the provisions OF this bill.
Mr. BORI.AND Although have arrived 10 the same
conclusion to the vote thai shall give upon this bill
with the senator from Maryland yet desire say that
have not done so upon the same considerations that
have been suggested by him. under the same sense OF
have such very high respect for precedens, that think
is duty to look to them in making up mind
only power here, but duties, but II eeema
to thai there want of discrimination ia the ap
pcaon OF the force and authority OF presidents. Pre-
ceden as understand IT, is strictly law term. In the
sense n which think il ough, 10 be spplied. and 20
far thr decisions of concerned, they do
amount to authority They precedents, and such
they become obligatory upon succeeding in the
execution administration oil the laws, because il 10
necessary to have the law interpreted and some fred
rule OF administration adopted But air, in regard 70
pecedens, so far as they may affect the legislation o
Congress, or any legislative assembly, regard them ~
only 40 many lights along our path, to guide n by the
experience and wisdom OF those who have preceded ~,
rather than as rules by which 10 be governed
We not here, sir as understand II, TO interpret and
10 execute laws which have been already passed. bat We
here to pass laws ourselves and IN passing these
laws should look the OF authority,
liuhtened IL be hoped and believed, by the inter-
petaon given to that authority by those who have pre-
ceded ne, but not governed by IT, absolueiy con-
lroed contrary 10 the dictates Of judgment.
formed after mature deberatloo. Nta
But principally, sir, respond some OF the
DAVIS II seems TO that he makes the rule under
which he would restrict the OF this power
dispose OF the public lands rather narrow than
have Understood it, As understand him. he announcer
the rule TO be that only dispose OF The public
land proprietor. where the benehtspec xnary bsne
hh-will result directly to the proprietor. Nov, sir
10 not think that this rule requires that should limit
ourselves 10 the direct pecunsay advantages that may
result from disposition of the public land but any
advaatases any other valuable consde are sum
cient to bring the disposition OF the public lands w'tnn
The rule have mentioned. sa,
But even by the rule tha, he himself has laid down.,
think that this bill can he fully sustained lie aeks
grant of land in Arkansas 10 the State OF Conneccut lor
the purpose of supporting the INDECENT insane IN thaa