The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-08


States But slr our machinery OF title, which is so
perfect could be at transferred to the States, and
they could operate It with increased efficiency, and with
economy which is unknown 10 us. No could de-
lend ior moment the principle that the federal govern
men, ought to retain the domain with all its expenses
titles in II upon the citizens of the States
The possession OF the domain moreover, creates rea.
ons of landlord and tenant, of patronage and depend
ency between the government and the States, injurious
10 both This has been an Inconvenience hitherto
yodabIe and i ought 10 be continued no longer than
shall be required by a paramount national interest
shall consider, Mr. President, very briefly the power
OF Congress in the premises. So far the constitution
is concerned, shall pass by all commentaries and all
CLOSES, and take my stand upon the simple text The
needful rules and regulations respecting the territory and
other property belonging TO the United States" The
power OF disposition thus conferred is general unlimited
absolute 1t is the same power that Congress has to dis
pose OF ors. magazines, arsenals edifces, or ships
They have power to sell they have power to give. O
course the power should be exercised in this in all
other cases or the best interests of the naon but the
discretion OF Congress Is not abridged. 49, Il I
Let US now examine the supposed limitations in the
deeds OF cesson for the rights OF the States are secured
ny the constitution There several grants which, it
has been seen, are expressed in different forms II is not
the foms employed in any of the grants, but the
general spirit and effect of them ALL that explain and de
fine the power conveyed New York, Massachusetts,
and Connecticut released by language broad and compre
hensive They conveyed " fer the benefit of the United
States" a. M
Virginia and other States amphed. but manfesty for
the purpose OF expressing the same meaning more fully
They granted :" for the use and benefit OF the United
States" and declared that the and jurisdiction
erred should f" be considered a common fund of all
the States, according to their usual respective proper
lions in the general charge and expenditure, and shoald
be faithfully and bona de disposed of for that purpose
and for no other purpose whatsoever"
This language was adopted with reference to the then
existing articles OF confederation under which the States
charged with contributions tor the support of the
federal government which system was aflerward modi
fed by the constitution of the United States to dis
pense with contributions from the States and invest Con-
fay~ and
taxation according to representative population. Ger
any the terms OF these grants were not intended to
fine Congress 10 disposition of the lands BY sale only
because, rst they express such thing and because
secondly, the political jurisdiction well as the right OF
soil, was included in the designation OF ga common
fund"
Again. it would be practically impossible. under any
system whatever to equal benefits from the do
main TO all the States If you cell the lands in Ohio
sister States but the land will still remain, yielding power
and wealth directly to the State forever, while the other
States be only indirectly recipients of such benefits
whatever disposition Congress should make of the do
main should be one purely national and impartial. II
seems to me to mean nothing more and the constitution
such principles have discussed has become necessary
the policy would then be proper exercise OF the con-
stitutonal power and would fall within i,s trust. as de-
fined by the deeds of cession. .."
This is subject of vast importance Ii reaches across
the whole basis of the great empire which is rising on
this continent and forward through all the stages OF its
be perpetual Posterty, and perhaps the civilized world,
will review decisions the light reflected them
by their broad and lasting consequences May they be
such as will safely abide severe and impartial
scrutiny .4as-# ... as.f. -m.E
Mr. MILLER This is not the time nor the occasion to
go into discussion in regard 10 the appropriation the
partition of the public lands merely rise for the pur-
pose OF asking the attention OF the Senate again to this
BILL if ii is in order to speak upon the subject before the
Senate IL IS evident that we not prepared at this
late hour of the session. and the little information that
we have upon this subject, to vote upon this bull Ii
derstand arghi, II proposes 10 grant TO Louisiana all
the public lands lying within her borders, amounting in
the aggregate TO ~ 100000 OF acres Now, have
already granted TO Louisiana her share OF the public
lands. with the other States. in general bill of ap-
proWiaon. We have also granted TO her all the swamp
lands and believe have made several grants her
with regard to railroads
Mr. DOWNS. Only one.
Mr. MILLER And now comes this general grant of
the remainder of the land 1t reminds very much of
the various codciIs OF will in which this property is
to this another branch OF property is be-
queahed TO another one, and then comes in geaeral
one, devsng the residue to some else In this case
applying the codcis TO the one, having de-
vsed some land for railroad, all the swamp lands TO the
State, and by general provision, asked TO
devise the remainder to Louisiana
But | will not de,an the Senate by going into the
merits OF this question. am in favor Of improving the
navigation Of the Mississippi river and other western
waters. | am in favor of internal improvements; and
would be willing 10 devote the public lands by any
eral system which might be devised, and in which all the
States OF the Union could have interest. But am
utterly opposed to this partial and particular distribution
OF the public lands for the benefit of the States in which
they happen lie. Without OBTAINING the Senate further,
propose to lay this bill upon the table, for the purpose
OF testing the Of the Senate upon the subject
Mr.. CLARKE. | hope my friend from New Jersey
will withdraw that motion
Mr.. MILLER will # the senator from Rhode Island
will renew it,
Mr.. CLARKE. | will do so. am decidedly in favor
OF this bill, whenever the Senate shall nd time TO TAX
up for general and appropriate discussion My object
is offer amendment TO the bill and il my friend
from New Jersey had not moved TO lay upon the table,
should have moved TO postpone II until tomorrow, with
view of having the amendment printed, that il might
be properly before the Senate for consideration.
Now. one word with regard TO this measure have
before me account, which has been made out by me
from the public documents showing the Of grants
OF the public lands 10 the various States of the Union up
to the 1s January 1850 Since that time know that
not only millions, but, might almost say, billions of
acres have been granted for certain purposes 10 various
the grants have been very large. will not detan the
Senate by reading the whole account however, have
The account up to the first OF Janunry 1850 but the
amount since that time have not got My object now
- to move amendment to the bill and If that amend
men prevasd shall be decidedly favor OF its passage.
and of any bill of a similar nature move the amend
men which follows and ask that may be printed
when will renew the motion OF my friend from New
Jersey The amendment is to IN an additional
section:
dnd BE- IL further enacted, That there shall be granted
the States o this Union of the public
and each tho present Congress
Of Uued Sates be selected from the lands subject
sale private entry and apart Tor the OF said
States Iespecvely under the direction OF the Secretary
Treasury. The lands thus toe selected shall be
ted parcels contormaby sectional divisions aud sub
divisions OF not less than quarter section In any oca
ton.
BE IL farther enacted That the lands herein granted 10
the states Aforesaid shall not be disposed of