The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-02-07

NE road exceeds two or three times the whole
amount claimed under this bill.
He was aware that the road had not been actual
w completed to the Missouri line. The compact
was to run a road; it not provided that IT
should commence at the Missouriline and run east;
nor did he consider the true construction OF the
compact requiring tho road should be actually
run to the line of Missouri The Government had
right to commence the road wherever they thought
proper; and, if it had been commenced at the Mis-
souri, line, there would have been gap between
Vandalia and Indiana, there Is now between
Vandala and Missouri.
The road not completed, but the reasons
were various and good; there was no funds. The
two per cent. fund had long been exhausted and
exceeded. The expense of stoning or paving the
road in Illinois, owing to the scarcity OF stone was
so great that greater portion of the road in that
State not paved at all. Moreover, there was
now road-perhaps two-from Vandaha to St.
Louis.
MIR. BENTON said the Senator, in making the
date of the origin of this road 1906, mis-
taken. He read from several acts OF Congress,
commencing in April, 1902, by which Congress
made compact with Ohio to run road from the
navigabc waters of the Atlantic TO Ohio, and
through that State. He read the act making
compact with Indiana, in consideration OF the two
per cent. reserved, TO make road TO that State,
which compact had been complied with. Same "a
relates to Illinois and Missouri. lie said road
could not be made "to" State unless it went near
enough to touch il.
He read a request made by the convention OF
Missouri, that the term of the compact by which
two fifhs of the five per cent. was TO be reserved,
might be altered as to allow that State to have
the whole five per cent. She claimed that as her
own. For this fund she gave up the right to tax
forty millions OF property. She as young heir
demanded this right, not as an equivalent OF
dollar for dollar, but dollar for thousands.
She demanded this at the time her birth into the
Union, (and she came in almost by the Cesarian
operation as her undoubted right, and as having
purchased it by yielding her privilege to tax the
lands sold within her limits for five years after their
sale.
MIR. b read protest, by the Legislature of Mis-
souri, in 1922 against the application OF the two per
cent. fund, reserved from that State to the Cum
berland road, urging that the design OF reserylng
that fund was to complete common road through
to Missouri, and to the capital of that State. He
read from message from the Governor of Mis-
souri, 10 the Legislature of that State, showing that
Missouri considered this fund as her own
He entered into calculation OF the vast amount
which Missouri would have derived from taxa
ton of the public lands sold within her limits if
not restrained from SO doing by her compact with
the United States. Her citizens pay all the taxa
ton, while these lands remain unproductve to the
State, and now her two per cent reserved from her,
on condition fulfilled, is to be denied her.
He said that every vote given by the representa-
tives of Missouri, recognising this pledge, was
given under the condition that the road to go
"to''-not 'towards," nor in Correction of"-but
"to'' Missouri. When the road stopped ins
the middle of Illinois, and it evident the pledge
was not to be fulfilled, then the money had been
demanded To ask Missouri now to stand to the
pledge, would be like asking her to pay bond at
ter tearing off and throwing away the condition.
If party be sued on a bond, and he can prove
that there was condition annexed to 1t which the
other has torn Off and has not performed, the court
would say that such bond could not be recovered.
Such the case with Missouri. She had given
this two per cent. to the United States condition
that road should be made to her; the road was not
made, and the United States retain the money.
The Senator from Kentucky alleged that Missouri
was largely indebted to the United States because
the United States have made road in the ''direc-
ton of Missour-"toward'' Misunderstanding to-
wards and in the direction of, Missouri If this be
correct and Missouri is from this indebted to
the United States then she is indebted to many of
the States of the Union Maryland has made two
roads and one canal in the direction of Missouri;
Tennessee has constructed roads pointing to Mis-
souri,; Virginia and Iowa also; and according to the
argument of the Senator from Kentucky, Missouri
was indebted to all these States.
But if Missouri was indebted because she had
been benefited by this road, SO the other
western States; Kentucky, Tennessee, Mississippi,
Louisiana, and the whole northwestern States, all
Of which had received their two per centuIn, were
equally benefited Missouri, and according to
the same argument were equally indebted to the
Government.
Mr. CLAY replied, and Mr. BENTON rejoined
Mr.. GWIN moved to lay the bill on the table,
but desire being expressed TO take vote on the
bill directly, he withdrew his motion.
The amendment of the committee was then
agreed to, and the bill reported to the Senate
The question recurring on ordering the bill to be
the negative-yeas Ia, nays 3l-as follows:
YEAS.-Messrs. Atchison, Benton, Borland,
Chase, Dodge of Wisconsin, Dodge Of Iowa, Downs
Fech, Gwin, Hamlin, Houston, Shields, Soule,
and Walker-l4.
NAYS cssrs. Badger, Baldwin, Bell, Bcr-
rien, Bradbury, Butler, Clarke, Clay, Davis of
Massachusetts,, Dawson, Dayton, Dickinson, Ew-
ing, Foote, Hunter Mason, Miller, Morton, Nor
ris, Pearce, Phelps, Pratt, Rbett, Rusk, Seward,
Smith, Spruance, Turney, Underwood, Upham,
and Waes-3I.
PRIVATE LAND CLAIMS IN CALIFORNIA.
The Senate then took up the bill TO ascertain and
settle the private land claims in California, which
was yesterday ordered to be engrosscd and read
third time. The bill was read third time, and
the question being ON its passage
Mr.. BENTON moved to recommit the bill to the
Committee on Public Lands, with instructions to
report plan for cheap, speedy, equitable, and
dentive ascertainment of private land claims in
California; in which bill shall be embraced all the
equitable and favorable provisions for the benefit of
the claimants heretofore allowed to land claimants
in Upper and Lower Louisiana and in Florida, and
especially to report provisions to the following
! effect:
!. To confirm town. village and pueblo lots. out
| lots, common field lots, or commons, to the pos
sessors, TO the extent such combinations were
made in Missouri by the act of 1912.
2. To grant all the vacant ground within the
limits of such town, out lots and commons, to the
towns to which ouch lots and commons belong.
3. To confirm to the Catholic parish churches the
building and the two hundred square of land
reserved for the Of the parish curate in the Mis-
sion Secuarization act of 1888.
| 4. To discriminate between large and small
claims, as to make the decision of the tribunal
| in California conclusive in favor Of small claims
| against the United States.
| 5. To allow to the claimant in every case an APP
peal to the Supreme Court Of the United States on
the same terms as to costs as those which writs
| Of are granted to citizens of the United
| States,
6. TO require the United States to pay their own
| costs in all cases.
INTO allow the claimant whose claim ia finally
confirmed to recover his costs.
s. To require the tribunal--whether board of
commissioners district judge, or both--to hold
| their sessions in every county in which there
claims to be examined.
| 9. To discriminate between claims having lc-
gal origin, and only requiring survey, to define
\ and fix the quantity, and to provide for immediate
| surveys in all such cases.
| 10. To decide equtably in favor of all small
claims when there sequity in their favor, whether
| legal title can be made out not
| IL. To provide for summary proceedings, az in
| he Intit art IF