The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-04-30
I H E II E ? u BLIC.


DCence U me DeG, IN The House Qf representa-
tires, 1prH %, 1852.
The House being in the Committee of the Whole
on the bill "to encourage agriculture, manufac-
tures, commerce, and other branches of industry.
by granting to every man who is the head of a
family homestead OF one hundred and sixty acres
of land out Of the public domain, upon condition
of occupancy and cultivation OF the same for the
period herein specified
Mr.. YATES said:
Mr. CHAIRMAN: shall endeavor in the few re
marks which shall make upon this occas son to
confne myself chi fly to the subject legtimately
before the committee. The consideration Of this
bill very properly invites DISCUSSION To the whole
land policy Of the Government. Whether the pres
cnt policy as to the public lands ID TO be continued
or whether Congress shall adopt policy,
questions which are now occupying a large share
| OF the attention Of Congress and Of The country
in the attempt to present my vicws upon this qucs
ton, nm aware that nothing short OF the Prcsi-
| DENTAL question seems to awaken the interest Of
the committee and almost shrink from the effort
10 arrest its attention by remarks upon the appro
pirate busness and practical questions which it is
our duty, as Legislature, to investigate.
! The constitutional power of Congress to make
grants Of lands to actual settlers, to the States
for the construction of railroads. has-been denied
by most Of the gentlemen who have addressed the
| committee against these propositions. ] do not
| propose to discuss the question of consti utiona
power at length If question be settled by
precedent, then think that the right of Congress
to make these grants may be considered a settled
question When the propriety Of such grants
| situtional power underwent thorough discus
sion. The greatest minds in the country were
pitted against each other, and bNieve the power
! 20 make the grants finally conceded by nearly
all. Most certainly ii has been repeatedly exer-
clsed without being called in question. Grants
| for purposes of education, to aayums, to actual
settlers, and for the promotion Of internal improve
ments, have been made at sundry tmes, begin
| ming with the administration of Washing on,
down to the present day. When we have the
opinions of such men as Mr.: Clay and Mr.. Web
ster, General Cass and Mr.. Douglas, and nearly
all the leading men Of both parties and especially
the opinions OF the strict consructionists of the
Constitution, including Mr.. Calhoun, who was
ever jealous Of the exercise Of any doubtful consti
tutional power; say when we have such array
OF authority in favor of this constitutional power,
added to the uniform practice of the Government,
and enforced by the Legislation OF almost every
Congre 1t would seem that this might well be
| considered settled question. l do not say that
precedentls every thing, but do say that the opin
ions OF our profoundest statesmen and law giyers,
expressed after mature deliberation, entitled
high consideration.
The argumc nts ainst the exercise of this power
relied upon by gentlemen who have addressed the
committee, presented in their stron gest light in
the National Inteiigencer of this morning, and
VIII call The attention of the committee to the two
strong points AIKEN in that paper, and which do
not consider well taken. That paper says:
The property Of 'the people ofthe United States
whether II Ia money in the treasury the public
lands, cannot be righ,fully uscd by those who gov
ern our aftairs, unless il s done lin order 10 form
more perfect Union. establish justice, nsue domcs
TIC tranquility, poride for the com def ence. pro-
mote the general toefare and secure The blessings of
liberty TO Ours'ipes and our tostsritg'"
Now, If it can be shown that the passage Of this
bill will accomplish any Of these objects, then the
"public lands may be rightfully used for these
grants to the objects Indicated" Now submit 10
this committee the question, Is it not f5r the
ERAL WELFARE" TO promote the settlement of the
public iands! Ia IL not for the GENERAL WELFARE
establish an independent yeomanry upon our
broad and beautiful public domain OF one thousand
four hundred million Of lanG2 Ia il not for
the GENERAL wELFARE that we encourage the
agricultural productions of the country, and inn
prove the condition Of industrious poor? IL il
notior the GENERAL WELFARE TO discourage spccu-
lauon IN the public lands, TO fell the forest, TO
make "the wilderness bloom and blossom the
rose, and TO cover that mighty area of terrific
ry extending from the Ohio river to the Pacific
ocean, with population of independent freehold
ers, and TO withdraw population from the ,cmpta-
tions and vices OF crowded citics 10 the purer at
mosphere of rural lisi
The same paper says.
"a title by actual settlement ia absurd, unless
legal policy may thus encourage hardy pioneers to
enter the forest and plant the footsteps OF ciylza.
ton in its dark reccssos. With ths view how.
ever, what arc called pre- en.pfons may be Justly
favored and protected"
The cdnttituiionality Of granting pre- cmpdonsi is
not denied by any. The confederation upon which
they are granted Is 70 encourage settlement l. il
no, the same "iegal policy" to encourage that set
tleincnt by making grants TO the actual ssttlcfS
has the privilege OF buying 10 tho exclusion OF all
others, land at y 25 per acre worth ten times that
sum. He can enter upon the public lands -
as they arc surseyod, and before they offered
at public sale, and purchase the same at the Gov
crnment price, though at the sale others might be
ready and willing to pay five times that sum. II
the Government may thus surrender its rights to
promote settlement may il not, for the same oh
Ject, grant lands worth q 25 per acre, or less 10
the actual settlcrl The principle is tic same in
both osscs. IL is the same in grants VI bounty
lands TO the soldier; and when the illegal poIicg"
s admitted in the one case, il cannot be denied in
the other.
call the attention Of gentlemen 20 that article Of
the Confttution which providts that Congress
shall have power to dispose Of and make all need
fu rules and regulations respecting the territory
and other property Of the United States at shalt
have the power 10 dispose Of of'hcrc is unlimited
power. IL is not derived by construction or imz
plication--it is an EXPRESS power. The manner uf
his disposition, and the objects Of the appropria
ton, are OF course to be lolt to the discretion Of
Congress.
Mr.. Chairman, it is amusing TO see bow certain
gentlemen can hnd authority TO mako apprOpria-
tons 20 some objects, and at the same time deny
any power to make appropriations for other Oh
jects OF precisely the came character The gentle
man from New York, (Mr. JsNKfNs,) in his
spcech maintained that our rivers were very pro-
perly the objects OF national concern. and that ap
pfopriations for their improy emcpt were legiti
mately within tho powerof Congress, but stoutly
denied that Congress bad any power to make
grants of either money lands Tor the construc.
ZION of railroads. These, he ssys, arc the objects
OF State concern exclusively. Now, here is "ds
tncton without difference" The only differ.
ence is, that the il water, the other iron The
object of both is 20 facilitate intercourse between
the different PORTIONS Of The Confcdcracy Certain.
" Communication by means q railroads 10 more
direct; 1t Is cheaper, safer, and spccder All tho
operations of commerce, aud all the objects OF such
grant can be as well or better carried out by the
construction Of railroads than by the improyemc
of rivers, and therefore ] can objection to
% q ros. at
ton.
There several specific propositions before
Congrcss-the bill now pending, granting lands 90
actual settlers; the bill granting 10 900 900 OF acres
TO the States TO be applied he relief OF the iudi-
gent insane; and various bills granting alternate
sections of the public lands for the construction Of
railroads. am in favor Of the principle contained
in al these propositions. speak not Of The details
Of these bills. II wrong in detail, when the time
arrives for their consideration they bc amended
to obvatc objections lam surprised that INC Of
the advocates for grants TO actual setlers, and for
tho relief of the insane, seem to regard railroad
grants as coming in conflict with them. Why,
sir, nothing cen be further from the fact Thercis
no conflict There are enough lands for AL. Ihcy
and will be exhausted n thousnnl