The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-06-24

son, who member of the convention vh,c
adopted the Constitution of the United State.
went into the first Congress, and there declared
"heh the question was brought before that body
As TO The location of the district IA which The sci
oi Government was to be placed, ihat the Genera
Government would not have the right 10 clear gu
Inc Susquehanua river, or TO make harbor a
Havre do Grace, without the consent Of th
STATES OF Pennsylvania aud Maryland, and ,ha
th's consent ought TO be obtained before any step
were taken for the location of the seat OF Govern
ment. The selection of this District pu, an en-.
10 The question, but the construction of the Con
sltulion in relation to this power was distinc,i
declared. The district selected was TO be Ter
rltory, under Territorial government, recognize,
by The Constitution. and placed aBder the oAclu
slve legislation of Congress.
These were the doctrines Of Mr. Madison whei
he had Just come from the convention which
adopted the Constitution Of the Cnied States an,
became a member ofthe First Congress lie dix
not feel II was SO clear that this Government haC
right TO make internal mprovements--thc rirh
to mako appropriations from The Trca,ur for H.,
purpose OF carrying out any scheme Of interna
! improvement. l take no distinction between q
lerrlI0ry and State. take no distinction be.
tween The right Of this Government TO make rail-
roads, canals. or other internal improvements IN q
/ Territory in Il State. One difficulty whicl, has
been presented has been its interference with
State sovereignty. IF that was 4 Il, it could be
ob'iated by the consent of the State being OBJ
tanned; but II goes beyond, and hes behind IT, |,
is not one OF the powers ceded 10 th. Govern
ment by the charter under which we act; and
would not oppose any measure for the benefit of
the Territories which may be properly granted
and, whilst have been liberal in every way, and
on every opportunity, for the interests Of that far
distant people, | cannot cOnseH, that this meas
ure Shall pass without entering my protes: agans,
II, and against every act Of legislation for the
purpose Of eyPendng the money of the United
states to make these Improvements in iheN Terri
tories, or elsewhere We have fallen upon evil
times. whoa proposition is made here for the
donation Of the publ: lands, YOU ind formidable
body rislnS up and banding themselves together
for he purpose Of affecting those appropriations.
Ind before this House, now, sir schemes to
build railroads Ia the States. They ask for the
construction Of those railroads alternate sections
Of the pubsIc land on each side Of the proposed
road the selection TO be made within twenty
u . of the road; and # they cannot get the al
iern"te sections there 10 60 thirty miles of to OF
tam them. II Is sud if you grant these alternate
sections for the purpose Of constructing roads,
the reserved a'ternates will be increased in value
nat ~ very well; but You give an opportunity TO
hsh :or the alternate sections many miles on each
SIDE. And roads passing IN the same region, find
II convenient, 10 make tho appropriation Of all The
land. as we'll as to secure all the benefit OF the
enhanced value. One railroad corporation goes
OF 10 take alternate sections under the grant, and
a neighboring corporation, with similar powers,
take tie alternate sections left, and all Is alb
sorhed. II IS but another name for an absolute
cess'oE OF the public domain 10 the States for
purposes Of internal mproyement-diiiering only
sI-S .l,.
aPp'ic"'io" Vt "'oucy iiu", ti,o T,easury Tor The
same purpose.
Ihe indian and white man, hunting together.
had killed a buzzafd and turkey. The white
man sad, "fou take the 5uzz .ri and w,i!,aho =
the turkey, or viii take The turkey and you take
tie buZzlrd." The reply Of the Indian that, in
the division OF the game, he had never had turkey
sand to hun, ms become proveriiai rs an iilusra-
ton OF unfair distribution Of common property.
his, SIR, Is much stronser case, you say neither
turkey nor huzzAfd TO the old States. You speak
Of alternate sections and increased value, and end
IN system OF grants which take al the alteruaics
--lbscrhs al the iand-takes all. You give the
word Of promise 10 the ear and break il to the
hope. IOu sa y that if this passes, the price OF
the pIblc lands will be increased, and that the
old Suites ought not 10 be opposed TO itthat ii
viii add that much 70 the wealth OF the country
Mr.. STUART. rise 10 question of order.
| sHbml. that j, Is not in order upon this bl to
discuss The question Of arpropratns lauds for
railroad purposes.
The CHAIRMAN. The Chair thinks that The
remarks Of the gentleman are hot out Of older.
hey have an evident bearing upon the question
Of giving roads 10 the Territories.
Nj VENABLE. II is not the frs; time that
have seen those who are CALLED vince under he
operation of outside pressure; but ,hnk IT IS 0I
Ihn
come up and take an honest and faithful view oi
this subject. We have looked at il as onc il the
distance. Ii has now come near to US. There
is upon the Speakers table, reiered to the
COMMITTEE of the Whole on the state ofthe mon,
bills which, II passed, will appropriate some 80,
UO0. .00O acres OF the pubic land OH this principle
y question of such Importance should be fully dis
cusSed, and deliberately decided ii is no econ
omy TO suppress debate, shun calculations
The proper doas vine that Which springs iiom the
;rue reading of the Constltulion--is lhis bissl
the Federal Government has the power 10 mao t
roads and olhe: modes Of transportation. under
ccrlaIn circumstances, such as are acc essory "a
the power of making war, the transportation oi
troops and nunI.ious--yet the power must be de-
terininGd by the case and the necessity that exists
TO render effective clearly granted and weli-de-
fined power IN the Constitution. The right to
make such Improvements is an incident orlsina-
tiny IN Il necessity for the exercise ct higher aud
more important power, and IS allowable only uh-
der such state Of things. The acknowledged
power is the principa-,he implied power The m
cident. Nothing can be a more unsafe role OF
construction than that Inch oonverts the incident
INTO the principal. To make military roads N
advance o. any necessity ior them, with 'he real
motive for the use Of citizens IN the peaceful av-
ocoioas of life, is surely obvious pefverscn OF
every proper rule Of constitutional construction
'Tae miilIIry road, when built, ls properly used
for all cher purposes Bat ii originated N nc
cessy arising under The power granted, to.make
;ni 10 prosecute war
! wa. unwilling, sir, to pass over his subject
sub s,ientio, and permit ihis measure TO be
brouyhi up as a precedent 10 override The Consii-
tuition. ! have been taught by sad experience
tha, the letter and meaning OF the Constitution has
been perfectly overslaughcd by unconsii;u,iona
legislation. When il Is written with a sunbeam
upon the page Of that instrument HAT power Is
not gwen to this Government, if a gentlemen
should rise upon this floor, and after looking back
into the old statute books Inform that former
Congress disregarded those provisions, precs-
den, is discovered, and the Constitution Is dlsrc-