The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1852-04-01
POLITICAL.
Speech Of Hon. J. /. Orr,
OF SOUTH cARoLISA.

o. Ms Aissouri Rail Road, delivered in
aA Ae~se q Representatives, on the
sssk Fssrvary, 1852.
The speaker. The first business be-
sors the House is bill granting the right
ofway and making donation Of public
lands 70 the State Of Missouri, to aid in
. the construction Of certain railroads there
IN. The question immediately pending is
the motion to refer the DILL to the Com
saittee Of the Whole on the state of the
Union; upon which question the gentle
b nan rom South Carolina lMr. ORR is en-
@ tisled to tho floor.
Mr. On. propose submitting few
renarks upon the bill now before the
. Aease for consideration. / have exam
iaea In provisions with great care and
z atsention, and have come to the conclusion
Sd 20 cast my vote for it. shall therefore
?, pFocesd % State briefly the reason which
o. oPefated upon my mind in bringing me
p 70 that cOaclusion. The first Question
THAT h presented to the investigation Of
- ths House il this: Has Congress the
2 constitutional power to make the dona.
Z tons contemplated in this billi In the
: Ganstitution 10 the following clause
fH That Congress shall have the power
to dispose OF and make all ncedfui rules
and segulasions respecting the TERRITORY.
9 other prosperity belonging to The United
l lssPposs that the power conferred by
eh1 clause upon the Congress Of the Uni
ID led eseatse y - ample, full, and complete,
~ any other power vested by that instru-
unant in Congress. And the only liniita-
con TO that power, in my opinion is an
implied trust that the Congress, in making
that disposition Of the public lands, shall
siapose OF them in such manner ~ most
eiiectual to promote the interests of all the
Statea. Now this Till Proposes TO carry
out, as l conceive, the constitutional DOW
er vested in the Congress for disPosing of
the Pablic lands. do not think Congress
would have the power to give away all OF
the public lands; for in that way the Go
yesnmcnt would not be carrying cut this
implied trust. BY virtue Of her right as
the proprietor Of the public domain, the
Govesnment has the right to give away
one-haf Of the public lands, that the re-
,naining hah may b. enhanced In value.
10 not that . sound principles L. il
nos correct principlei l do not design
entssipg into IN elaborate constitutional
argument upon this subject but I will
quote some authorites which may satisfy
the minds OF gentlemen who doubt upon
shis point, which are more concise and
snhniteiy better than any argument which
might make. To them / desire TO call
e the attention especially Of the members
fson.the old States who seem to be preiu-
diced skainst this bill, because, forsooth. il
does not provide for giving lands to the
old States. The first authority Is that of
Calhoun. need not say, Mr.. Speaker.
that thst authority with me, PERHAPS has
mose weight than the authority Of any
Other statesman living or dead. Whetb-
90 gcnssesnea agree with Mr.. Calhoun in
his sieNs 90 NOD, Il will be conceded by all,
'shss 10 wns as ieast o strict construction.
sst 81 the Constitution of the United Stat.a.
and that he wasthe last man who figured
ta peblie lits, Who would have been dis
$3.50 ~ his scts 70 confer upon tho Gen
%f8 8osernment greater powers than
shese whieh the Coastitution plainly gives.
- s@NtSso ~ 1870 W utO otu8te, on
- ezA EAssieS aonation Of public lsnds
% the State u Illinois, M,. Calhoun pa,.
6eipated, He said:
sfhc question in this case il very
siasple one. We are authorised by the
Goassitssica 70 dispose Of the public lands.
tsese y . public improvement, projected
sishes by the State, o. by individuals in
sse stsse, thscagh which Il win pas, and
~ which The valne Of the pubic lands
wsl b sahasosd. Ifthen, il win add 10
Ne VASES cf oar lands. ought we nos 70
Sozissoats % 81 Would we not, as in
sidssh, thas oct Tbs II not novel
psinciple. IL has beea acted upon or
usose than swenty years. The case Of the
e1Asl eeanscting the Illinois river with
MkS mieAigsa, 9 . stIikiag one, These.
9 shsesnats ssctioas were givea 10 sske .
: esnsz and ] suppose can appesi with
ees8dsnee - eAe Senators fSosa sisat State.
Washer the lsads te- csved 70 NE Uni,ed
, St.tes wcse not disPo.ed Of sftcywasds
seadily.