Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-05-20
DAILY STATE SENTINEL
speech Of Hon. t. A. Hendricks, of Indiana

The House being in the Committee Of the Whole on
the bill ito encourage agriculture, manufactures, CON-
merce and other branches of industry by granting to
every man who is the head OF family homestead OF
one hundred and sixty Of land the Of public do
main upon condition Of occupancy and cultivation OF
Of the same for the period herein specified
Mr.. HENDRICKS said:
Mr. CHAIRMAN: There two measures now before
the committee in which the West has special interest,"
and represent portion Of that great and growing
section, will occupy the attention oil the committees
while present my views in relation to them. refer,
sir that class of bills which propose to give the right
Of way the public lands and to donate TO several
Of the Western States, aid them in the construction
Of important lines OF railroad the alternate sections OF
the public lands lying within six miles of the proposed
roads, either side, and the bill (Which Is now the
specal order) which proposes to give to the actual set
tier who is the head of family hundred and SIXTY
Of the unaPpropriated public lands. The latter
bill, Mr.. Chairman is objected to- as unequal and I'M
Just in giving to portion Of the people that which De-
longs ALL and to avoid this objection desire TO see
il amended And fit be in ORDER will before taxing
my seat that il be reported 10 the House, Win
recommendation that it be recommtted to the commit
tee Public Lands with Instructions to report In Us
stead, bill securing to all persons; VINO sele uPon nc
pubs lands good faith, for their own
exclusive and benefit the to enter one hundred
and sixty thereof at the cost price to the
This of reducing the price oil the pubic
lands 10 actual settlers the they cost the Govern
ment and the to which have alluded oil do
mating the States portions oil the public anus 10
aid them in the construction of railroads Of general I'M
portance, propose to discuss. And sir, desire TO
present in connection, they form, together,
policy which will secure the early settlement and i'm
provement Of the unoccuped lands Of the West. In
this result, Mr. Chairman, have intmated that the
West has special, paramount interest But sir. with
the West every other section OF the country and al tue
leading interests of every secton would be greatly
benefited and promoted II has been said that these
anag0nisc that securing lands 10 settlers
upon such easy terms would greatly impair IL not de-
feat the purposes OF the grants to the railroads And
believe that some of the friends Of the railroad grants
oppose the other npon this ground Sir these
measures should go together They will sustain and
strengthen each other The policy OF stimulating I'M
migration and encouraging dense settlements in the III
terror OF new country, without providing any means
Of transporting their produce to market, would be
scarcely less wise, than that Of constructing railroads
uto unoocupied region without, at the same time,
Encouraging the speedy settlement Improvement and
cultivation Of the surrounding country.
But before alluding tbs considerations in favor OF
the policy, will notice the positions assumed by some
Of the gentlemen who oppose it. The gentleman from
Maine Mr.. Fullerl and the gentleman from Virginia
Mr. AverettI deny the constitutional power al Con-
to donate the public lands to the Staies Tor inter-
nal improvement purposes, Individuals for the
purposes of settlement and improvement. The whole
power OF Congress over the public domain, grows out
Of the following provision Of the Constitution Of the
United States
Congress shall have power to dispose Of, and make
all needu rules and regulations respecting the terri
tory other property belonging the United States
The mode of dsposing of the public lands, is not here
pointed out but is left TO the discretion OF Congress,
whether for adequate, inadequate, FOR no con-
sderaon whatever, would to be within the letter
OF this clause. But sir, need not stand behind so
IxeraI construction Of this provision. Leaving the
letter. and looking only the spirit of the clause ask
IN what manner may Congress dispose oil the lands
am answered, by sale; the proceeds going into the
common Treasury. Then I ask, may not Congress do
in respect the lands whatever necessary useful
in bringing them into Market and securing early and
profitable sale thereof This is called in question
And upon this principle based nearly all the legsla-
ton of Congress in relation 20 the public lands.
The gentleman from Virginia asks, where is the pew
of Congress educate the children provide for the
poor, the insanei freely answer, there is no
such power given. And object sought for tsef,
and incidental TO something else, neither educa
ron charity may be provided for by the Federal
Government. But it, In the administration OF the public
lands these enterprises become necessary useful,
either to bring the lands into Market to
speedy sale eli the less valuable portions by making
them desirable the purchaser end settler then
may Congress lend her aid to these purposes. And
under this right from the earliest time has Congress
made donations of the public lands for schools, for semi
nares Of learning, for charitable institutions, and for
roads and canals Further sir: in the wise adminstra
ton OF the public domain, under the provision Of the
Constitution which have meatoned, Congress has ex-
ercised the highest power which any government may
possess the power OF organizing governments in the
Territories These measures on the part OF the Gene
raj Governments less wise than they just
and right. Thereby the country was assured OF the
early establishment Of schools and OF law and order In
the countries And thus men were induced to leave
the too populous portions Of the country to find society
and wealth in the sections. And under this policy
thus far developed.
The gentleman seems to repudate the weight and au.
fhorty Of precedent To this position he is forced for
the whole PRACTICE OF the Government since 1891 is |
against his argument. Although usage Of the Gov
eminent may create power. yet 10 ascertain the ex-
tent OF that which is conferred Of doubtful pro-
Priey, uncertain construction, it is well consult
the Fathers Of the Republic. And to their counsel and
decisions, given and made in the earlier days of the Re-
public, would listen with almost reverentia regard.
will briefly notice some Of the precedents they have
furnished Before the adoption Of the Constitution
IS early as 1888, (Which year after the cesson
OF the Northwestern country by Virginia in ord
prescribing the mode OF dsposing OF the public
lands 10 the Western Territory, there rsssrysd the
lot No. 10 n srery Township" for the maintenance Of
legislation After the adoption Of the Constitution
nna no change in this policy Of the Government in rea
ton TO the lands In 1871 act passed granting
ands to the inhabitants and settlers at Vincennes and
the Illinois country in the territory northwest Of the Ohio
rver By this grant four hundred given 10
each settler that the head Of family The force
oil this precedent somewhat impaired by the fact
a. TO portion OF this grant, there obligation
upon the Government to make it, incurred before that
time. |,
In 1898 Congress passed law granting twenty thou.
sand acres oil land situate the northern bank oil the
Ohio, and the mouth Of the Little Sandy, such
French inhabitants should, within five years from the
date OF the patents settle upon said lands and maintain
such settlements for five years Such law this the
gentleman from Virginia Mr.. Averett pronounces IN
CONSTITUTIONAL and yet it passed by Congress in
which many Of the trainers OF the Constitution,
and signed by the llustrous who presided the
Convention which framed that instrument In 1872
grant Of township Of land made to John Ceves
symmes and associates the purpose OF establishing
academy public schools and semraries OF learning
In 1902 by the law providing for the admission Of Ohio
the Union the sixteenth section every township
vas granted to the inhabitants thereof for the nse of