The southern press., 1852-03-13
speech Of Ron. J. /. Orr, Of South Carolina

N. GAoHEr, Secretaries.
speech Of Ron. J. l.. Orr, Of South Carolina,
On The Bill Granting Public Lands 10 Missouri
| 10 Aid in Constructing Railroads; Delivered
in the House Of Representatives., February
"a, 1852.
| The House having under consideration "a
bill proposing to grant alternate sections of land
to the State of Missouri, for the purpose of
constructing a railroad from Hannibal to St.
Joseph, and from st. Louis to the western line
of Missouri
| Mr.. ORR said:
| Mr.. SrEAKsR: | propose submitting few
remarks upon the bill now before the House for
consider: ton. ! have examined its provisions
with great care and attention, and have come to
the conclusion to cast my vote for it. shall,
therefore, proceed to state briefly the reasons
which have operated upon my mind in bringing
me to that conclusion. The first question that
is presented to the investigation of the House is
this: Has the Congress the constitutional
power to make the donations contemplated in
this bill! In the Constitution there is the fol.
lowing clause:
"That Congress shall have the power to dis
pose of and make all needful rules and regula.
tons respecting the territory or other property
belonging to the United Statesn
| suppose that the power conferred by this
clause upon the Congress OF the United States
is as ample full, and complete, as any other
power vested by that instrument in Con-
gress And the only limitation TO that power,
in my opinion, is an implied trust that the Con-
gress, in making that disposition Of the public
lands, shall dispose ofthem in such manner as
most efiectually to promote the interests of all
the States. Now, this bill proposes to carry
out, as ! conceive, the constitutional power
vested in the Congress for disposiDg Of tie pub.
lie lands. do not think Congress would have
the power to give away all Of the public lands /;
for in that way the government would not be
carrying out this implied trust BY virtue of its
right as the proprietor Of the public domain,
the government has the light TO give away one
half Of the public land, located along the line
OF railroads. that the remaining alf may be en-
HANGED in value. Is not that a sound principle
j. it not correct principlei ! do not design
entering into an elaborate constitutional argu-
ment upon this subject; but will quote some
authorities, which may satisfy the minds Of gen.
81 men who doubt upon this point, which are
more concise and infinitely better than any
argument which ! might make. To these
desire TO call the attention especi lily Of the
members from the old States who seem 10 be
prejudiced agaiast this bi because, forsoolb, il
does not provide for giving lands TO the old
States. The first authority is that Of Mr.. Cal.
houn. ] need not say, Mr.. Speaker, that his
authority with me, has more weight than the
authority, Of any other statesman living or
dead. Whether gentlemen agree with Mr.. Cal.
houn in his general views, or not, Il will be con-
ceded by all, suspect, that he was at least
strict constructonist Of the Constitution of the
United States, and that he was the last man
who has figured in public life inclined. by bis
acts, 10 confer upon the general government
greater powers than those which the Consttu-
ton plainly give. In the debate in ls4s in the
Senate, on the bill making a donation Of public
lands 10 the State Of Illinois, Mr.. Calhoun par.
ticipated lie said:
"The question in this case Is a very simple
one We are authorized by the Constitution 10
dispose Of the public lands Here is n public
Improvement projected either by the State, or
by individuals in the State through which II
will pass, and by which the value of the public
land will be enhanced. IT, then, Il will add to
the value Of our lands, ought we not 10 contrib
ute 10 itg Would we not, as individuals, thus
actl This is not a novel principle. Il has been
acted upon for more than twenty years. The
case Of the canal connecting the Illinois river
with Lake Michigan is striking one. There,
alternate sections were gwen 10 make n canal
and ] suppose ] can appeal with confidence 10
the senators from that State, whether the lands
reserved 10 the United States were not disposed
Of afterwards readily
"Mr. BaEssE, On bis seat) Thousands Of
sores were disposed of, which would otherwise
never have been sold.
"Mr. CALHOUN | have seldom given a vote
The result Of which gratifed me more than the
vote which gave on that occasion. then pre-.
sided In that chair which you now occupy, and
gave the casting vote. take 10 myself therefore.
some share in the credit Of that magnificent ion.
provemeni Indeed, do not think that there is
a principle more perfectly clear from doubt than
this one H. Ii does not belong 10 the category
Of internal improvements at all. 1t IL not n
power claimed by he government as govern.
ment. II belongs "a the government as a landed
proprietor. And ] will add, that il is not. only
right but duty, md an important duty. Nov,
what has been considered an equitable arrange.
ment between the government and the State
which may undertake an improvement passing
through the public lands Long since, il was
agreed that the grant Of alternate sections was
fair contributions on the part of the United
States, considered NJ n proprietor, and from
which the United States would be very great
gainer. Il appears to me 10 be an equitable
arrangement and doubt whether, in any case
either Of a canal or railroad Tassing through the
public lands, the United States would not be a
gamer To that e1tent am prepared 10 20, be
The road long or short; IL II be long, you gain
the more il IL be hort You gain the less; and
you contribute IN proportion TO your gain