Weekly national intelligencer., 1851-02-15

uon adoped but IN regard precedent 50 lar ney may
affect the legislation OF Congress- Of any Legislative
semby, consider them only many lights path,
10 guide US by the experience and wisdom Of those who have
preceded Us, rather than rules by which to be
governed We not here understand, to interpret
and to execute laws which have been already passed. but
are here to pass laws and passing those laws ought to
look TO the source of authority enlightened, is to be
hoped and believed, by the Interpretation given that
'ney py those who have preceded but not 10 be
governed and absolutely controlled by precedent contrary to
the dictates of our own judgment
But rose principally respond to some of the remarks of
my honorable friend from Mississippi II seems 10 me that
be makes the rule under which should exercise the
dispose of the public lands rather more narrow than have
heretofore understood IT, He the rule to be that
we only dispose Of the public lands proprietor where
pecuniary benefits will result directly the proprietor Now
do think the rule requires that should limit ourselves
to the direct pecunay advantages that may result from the
disposition Of the public land but any advantage may
be sufficient to bring their disposition within the rules. Even
by the rule which the Senator himself has laid down, think
this bill can be fully sustained He asks If grant Of land n
Arkansas to the State Of Connecticut for the purpose Of sup
porting the INDECENT insane in that State, result the
direct advantage of Arkansas snd if result the direct
advantage Of the United States answer that in my opn
ion results directly both the advantage Of Arkansas and
OF the United States and upon every principle on which
donations public land have been made certainly upon
the principle which have voted for them, that they
would bring portion Of the public land, which might
otherwise be brought into private hands, into cultivation and
dyest the United States Of their te which would contribute
to the general interests Of the country and to The enhance
paons of alternate sections of land for the purpose Of
s'ructng railroads, upon the principle that by carrying rail-
road through that part Of country induce the settlement Of
adjacent and thus bring the lands into market and en-
hance their vaue is upon the principle Of great land
Proprietor disposns of portion OF his domain
crease the value Of the remaining portion greater
than the value of the whole before the donation was made
/ That is my understanding Of II.
think the Senator Mississippi is wrong his reco
lection Of the views of the distinguished Senator to whom he
alluded, now no more among think, he will refer to
q
that distinguished individual which is among public doc
uments, mean the memorial Of the Memphis Conventon)
he will find that he distinctly lays down proposition embrac
ing the very principle have mentioned He argues in that
paper that is not only within the power but that 1t is the
duty Of the Government to make these grants Of the public
domain, TO enhance the value Of the remaining portion,
and make exceed value the Of the whole before the
donation. That my recollection Of the doctrine laid down
in that paper. perfectly well satisfied upon frequent
consultations with the distinguished individual alluded to-
that understood him to eerate those views and two
different occasions when had to make reports from the pub
lie land committee of this consulted him before writing
those reports One 10 favor Of granting the swamp and
oyeaowed lands to the States in which they lay for purposes
Of reclamation and internal improvement; and the other
report in support of bill to grant section Of land in each
township to the States in which the public lands lie for
school purposes In both those reports the doc
trine is asserted the proprefy Of which very
fu TO consult the distinguished individual alluded Both
those bills believe passed the Senate without dissenting
voice. One Of them is now pending in the other House
do not think, therefore, that have devated at all from
the rule of strict construction which have never before
dersood to deny the power Of Congress- great land
peor to make of any portion of its public domain for
purpose that would enhance the value Of the remainder
| Mr.. DAVIS, Of Mississippi. do not deny that
Mr.. BORLAND. understand the Senator to admit the
principle
Mr. DAVIS. of Mississippi. will state very briefly what
have said often before that fear will grow weary
Of it. do not deny the power Of the United States to do
that which proprietor may doto grant some portion Of
lands enhance the value OF the remainder have de-
MED that While voud that referred
pret for the disposition Of the public lands brought in by
Mr. Calhoun, and not to the memorial Of the Memphis Con-
vention
Mr. BORLAND The Senator from Mississippi and my
elf then, do not differ TO the general principle, but
ffer whether this bill within that principle.
think have shown that this bill does within the prn
cpe because produces the effect have mentioned. Will
deny that tho sue Of ten millions of public sod in
different States scattered intervals throughout the whole body
Of the public lands will enhance the value Of the remaining
lands When these ten millions of acres in detached por-
on sold and go into private bands and become cuva
ed, they will enhance the value of the remaining lands If
not, how will the running Of railroad through the public
domain, and the settlement and cultivation Of adjoining ands
enhance the value of the remainder of the public domain II
is precisely in the way that donation for railroad
would enhance the value Of the public lands that donation
for any other purpose would enhance their value
no difference between the cases And besides there is the
consideration which have mentioned of dvestng the United
States possible Of their title to the public lands.
Mr. BELL. do not rise to enter into any discussion
upon this BILL because hope its friends will bear with
Wne HOUSE anu Otner, u mas p6en
discussed and again. have heard discussed
of its Details both of principle and Of act twenty
thirty or forty times. know that the Senator from
Mississippi (Mr. DAvs) feels very keeny that he cannot
permit this question pass without giving expression
his opinion have not risen to enter into discussion,
but beg that honorable members who 10 favor of this
will discuss any further This proposition has
been before the Senate in its present form for two years.
certain that introduced the session before
last in the identical form n which is presented It
underwent some discussion the last session, and
amendments made it. either by general by
Of the Senate but finally there seemed be such dis
position discuss it length, and other business nteven
ing, that it's friends obliged to consent to have it
postponed have say othe friends Of the bill that is not
probable that one additional will be obtained by further
discussion What support the bill will get is doubtful, but
whether its gets majority not hope its fate may be de-
cded Ample has been given for its consideration and
think every one with few exceptions, has consider
ed it with care Our minds made up and those who
disposed to vote against the bill will do The dona
ton is benefcen and important one, and violates pnci
Gle of the constitution At any rate, 1t is we'll founded in
numerous precedents and under these circumstances hope
discussion will not be persevered in.
The question was then taken the amendment to the
amendment, and it was agreed to.
Mr.. PEARCE. | now that the Senate nonconcur
in the amendment made the end Of the third section
That the thus granted shall be sold within the
period of three wears selection has been made
tcable'
Mr.. BERRIEN. desire merely state that the original
bill contains this proviso:
sAnd shall the duty the States to offer said lands
for sale Immediately and to complete the same at the earliest
practicable day." t4
The question then taken coDcurrng n the amend