The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-20
OvAsGN tAsA

should be disposed OF for the common benefit OF all the
States OF the Union Now the general power OF raising
revenue iof The support OF The Tue
proceeds OF that when raised 10 be paid into the
treasury OF The United States. and then paid out or the
common defence. general welfare. aud support Of gov
srpmsnt IN Ills various branchss-is one thing-a DIS
unct aud separate power, The public landa form
dissct and separate fund. which Is not raised by
alion by laws direct indirect by customs OF
internal duties II is fund.- large part Of which was
IN existence at the lime OF The formation of the consu
uon and the remainder has been acquired by purchase
conquest itom foreign governments.
The constitution, repeat made no provision requiring
that the public lands should be sold aud the
paid into the treasury aud 10 constitute part OF the
annually raised Tor the support of government
Full and absolute power given TO Congress dispose
OF them II may think proper with the sole restriction
that their disposition shall inure TO the benefit
OF all the States. II shall not be partial distributed
either To the old 10 the States but shall be
them ALL Cannot those lands be distributed in kind
Will the honorable senator from Virginia answer me
Mr. HUNTER think they cannot be distributed.
Mr.. BELL. Where rs the inhibition in the constitu-
Mr. HUNTER would remark that a very important
difference between the honorable and myself rs
that he thinks Congress do everything which Is not
prohibited, while believe they do nothing but what
they are allowed TO do by express grant or clear and
necessary implication
Mr. BELL. | will take the senator on his own propo-
siiion. i was going the presumption with which !
commenced my remarks that he belonged to the straight
OF the Stste-rghs party OF the country, but
ne disayows it. 1t does not matter. however whether
he belongs to that party or not. Fly argument is the
can be sand 10 be implied necessarily in this general and
express power to dispose OF the lands subject only TO the
limitation OF the ordinance of 1850. and the various deeds
OF cession, that shalt be for the common benefit OF all
the States-that it only be disposed OF by paying the
proceeds into the treasury Is il not implication just
as fair that the lands either be first sold by the
eminent and the proceeds then distributed equally among
the different States, that The lands may be distributed
or transferred to them in kind Where is the Tequsiton
upon Congress- either by implication otherwise, to sell
the lands, and let the proceeds go to the ordinary expend
ures OF the government? say then, there is no such
implication fairly arising under the constitution There
is clear and distinct Inhibition of the power Of Con-
gress to dispose Of the public domain any way may
adopt save the obligation arising in the ordinance itself
that the lands shall be disposed of for the common bene
nj OF all the States OF the Union. ask the honorable
senator again to show where is the inhibition gainst
giving these lands as Notwithstanding them in kind
ment which should consider equitable. approx
mating to equity and justice near may be. re-
afhrm that none such exists.
Mr.. UNDERWOOD. II my friend will allow me, |
will state that that originally done The first dspo-
sition OF the public lands to make just such divi
sion as he has mentioned among the States in kind.
Mr. BELL. ! do not remember that.
Mr.. UNDERWOOD. Tha, is part of the history Of
The country when they were set apart and sold for the
benefit Of the State in the days of The confederation
MIR BELL. do not remember that passage in the his
tory OF this government but would have inferred the
power TO make suclta disposition Of them from the terms
and limitations OF the ordinance under which these lands
were coded. The terms upon which the Congress OF the
confederation accepted Of them were that they should be
for the common benefit of ALL | suppose that would
mean that they should be distributed IN Kind, sold,
and the money given upon any equitable plan which
Congress might adopt; provided only, that they
should be divided equally among all the n States,
this subject yesterday. | am sure that the honora
BILE senator from Michigan MR. FELcHl understood
me to take ground distinctly that il was The only mita
ton upon the power oil Congress- that they should be
disposed of for the benefit Of all the States
And that the senator from Michigan will bear
me out in the statement, that | argued against his
assumption that we had no constitutional power to dis
pose Of the public lands IN the manner proposed by the
senator from Kentucky. ! said that If we went back
10 the terms of the ordinance of 1850, and of the
various cession acts, his bill [Mr FELcHsl was I'M
constitutional upon the principle assumed by himself
! mean that if you back 10 the ordinance OF $50
to prove that have constitutional power 10 dis
tribute these lands in kind, the proceeds Of their
sale, among the States because that would not be dis
Iibnton for the common benefit OF all the States, then
this bill is unconstitutional upon the senator's own
ground for it is NOT for the and equal benefit Of
all the States of the Union Ii proposes to give portion
of the public domain to State to constitute a fund
which will inure to her separate benefit forever. This
bill is Objectionable on the OF constitutional
power than the amendment Of the senator from Ken
lucky.
Now, sir, the exception meant to take 10 the course
of the honorable senator yesterday, supposiDg HIM 10
belong TO the Staterghts party that, although be
saw that wrong and injustice done--ahough be
that this principle oil common equality and justice
between the different States, under the ordinance and
under the constitution, violated at every session OF
Congressyet that he let his notions OF State rights and
his doctrines OF the involAbty Of The constitution con-
strued according certain rules OF Interpretation by
those OF hrs political creedibat he, under these IDEAS
suffered this wrong 10 60 from 10 year, aud would
not right it, for fear that he should do wrong rather
that be would do something inconsistent with bis creed
argued that there was too great severity this construction
of the constitution did not say that il ridiculous
Far from it, He sees that the public lands distnbu-
ted Neutrality-suspicious. BY millions annuallyby these
partial appropriations by Congresst not annually here
tofore, is clear they will become If do
check them He that the OF legislation upon
this subject has broken out OF its natural channels and
flooding the plain, doing great damage What is his
practice in this case What is his doctnnel do
nothing The says) 10 divert these from their de-
strctve course, and direct them into their natural chan
nes will let them continue to flow until the fountain
not hedge up these waters. They may end their way
back to their natural channels they may Others may
vote or act as they th nix proper on this subjects stand
by my memorable notions Of State rights, and strict
construction OF the constitution That is the argument
OF the senator from Virginia II is the argument which
attempted 10 bring 10 the view OF the Senate Yesterday
meaning nothing offensive to any gentleman who
to stand upon these grounds did no, say that these
State rights doctrines OF value for political for
made by standing grounds that extend the
country greater benefits than such doctrines these
He will let thingsgo in their irregular and wrongful
Whatever injustice inequality there is in this
mode OF disposing Of the public lands, Il must continue
RE says II Is irregular, II IL true; - IN violation OF
sound common and sacred principles OF justice but
cannot restrict II. cannot assist others in dvertiBl
this wasieiul current for they will not agree with in
my mode OF bringing these their natural chan
nels Therefore, ] will not agree to anything which
tends to dam up these waters, divert them their
proper course.
Another point in relation 10 the course of the honor.
able senator on this subject did not advert 10 II in m
aNAa fDrHo hara Il 49,