The miners' express. (Dubuque, Iowa) 1849-1854, 1852-04-28
Speech OF Mr.. Dodge, ofIoSya, I'm the Senate.

March and A, 1859
The Senate haviag under consideration the
bill "grantiny the right of way and making
grant of land to the State of iowa, in aid Of
the construction of certain railroads in said
State
MIR. Dodge Of Iowa, said
Mr.. President Although the bill now under
consideration is one of much moment to The
State which in part represent, | had not ex-
peccd until within few days. to trouble the
Senate with anything more than brief cypana-
atoms in support Of it nor should now do so
were it not for til. many obstacles which have
been interp"sed to its passage and the wide
range the debate has taken. 1t is a measure
which was brought to the notice Of the Senate
b, my colleague few moments after he first
took his seat in this body, in 1873, and which,
| nj the subsequent long session. (rendrrcd mem
orable in the history of the country by the pas
sage of the compromise meaSures,) passed this
body by some two thirds majority, but was not
acted on in the House Of Representatives Up
on the occasion of its passage. my colleague
explained all lis provisions, described the course
and direction of these roads through our State,
| and he alluded, in that connex on, to one VIII ch
runs east and west, with that great continuation
| Of railroad line which commencing at Boston,
| or further east, is destined. we hope at no very
distant day, to reach the Pacific OCEAN. He
commented on the many benefits which would
inure not only to Iowa, but To- the whole nation,
from the construction of this e,st and Yves, road
| lie also referred to the advantages which would
| result to our State, t. ST. Louis, and TO the
States bordering on the Mississippi, from the
construction of the north and south road thro
lowa-begnning, as it is proposed it should; at
the City of keokuk, point on the Mississippi
below some very noted distractions to the navi-
CATION of that great river, thence running
Though the inter of the State, and terminal
ing for the present at the City of Dubuque, in
northern Iowa.
The routes of the roads through the Inferior
of the State to be fixed by our leyisla 'u-a.
Their prospective benefit to us is greatly en-
HANGED from the fact that the navigation OF our
rivers is seriously impeded by ice and low wat.
er for nearly five months in the year. But it is
not now my purpose to speak of the localities,
courses, or distances of these roads +; they have
been or will be determined on by the constituted
authorities Of Iowa. Nv object is to present,
as far as can, reasons for the passage of the
bill.
MIR. President, the question Of granting al
ternate sections of the public lands t. the
States and Territories in which they are situated
to aid in the construction of roads, canals, and
the improvement of rivers, has been, within a
few years past, often al d ably discussed, that
on it it is one which has occupied the attention
Of the master minds and of the ablest lntellects
of A America.
1t Is my humble judgement, emnently
wise and just policy, if unaccompanled with
any increase of the price OF the reserved lands
and am glad TO perceive it has been supported
by distin pushed men of our county who have,
think, demonstrated both its constitutionality
and rxpediency.
beg to trouble the Senate with some extracts
which have taken from the constitution of
the United States and the speeches of those il.
lustrous men who have spoken upon the sub
ject.
The constitution saws
"That Congress snail have power to dispose
of and make all needful ruiz and regulations
respecting the territory or other property belong
ing to the U. s.
The power to make this appropriation Of the
public domain, it seems to me, is explicitly
Conferred upon Congress by the clause just
read
In his Justly celebrated report upon the me-
mortal of he Memphis convention Of I545, Mr.
Calhoun says
"Your committee will next proceed to consid
err that portion of the memorial which relates to
the communication by railroads between the
valley Of the Mississippi and the southern At
lantic States. They eegard works of the kind
as belonging to internal improvements, (that is
improvements within the body OF the States,)
and as such arc, in their opinion, not embraced
in the power to regulate commerce. But they
are, nevertheless, of The opinion that where such
roads, or other works of internal improvements,
may pass through public lands, the United ats
may contribute to their construction in tkeir
character of properties to the extent that they
may be enhanced in price thereby. This has
usually been done by ccding alternate sections
on the projected line of such works, and it is
believed that mode Of contributing more
far, or bette calculated 10 gulrd against abuses
can be devised That Congress has a tight to
make such contributions, where there is reason
able grou I'd TO believe that the publ lands will
be enhanced in prnporton under ITS right TO dis
p rse of the 'territory and her public p operty
Of the United States, your committee cannot
d ubt In making this assertion, they hold to
the rule of STREET construction, and that this |
power, ike all the other powers IF the govern
ment, is a trust power, and, such, is strictly |
mtcd by the nature and object Of the rust
In this case the rule requires that the lands and
other public property of The United S a,es should
be dispose of TO the best advantag' and where |
that can he done by contributing portion to
works which would make the residue cuullly or |
more valuable than the whole would BE- without |
it. as is supposed, they hold it would be strictly
within the rule. Your committee 90 further -
They are of the op Mon not only that Congress
has the right to contribute to the extent sta.ed, |
in such cases but that it is in duty bound to do |
so, as the representative of part Of the propri-
etors of the land to be benefited It would be |
neither just nor fair for it to stand by and real
ize the advantage they would derive from the
work, without contributing due proportion
t wards its construction. 1t would be still less
UNSUITABLE to refuse to contribute if its effects
should be to defeat work. the construction of
which, while it would enhance the value of the
land belonging to the public, and that of midi.
vidual proprietors, would promote the prosperity
of the country generally
10 1913, on bill proposing to make grant
of land TO Michigan, Mr.. Calhoun, then men,
Der of this bodv, said:
"The question IN this case is very simple
one. We are authorized by the construction to
dispose of the public lands. Here is public
Improvement, projected either by the State, or
by individuals in the State through which it
will pass, and by which the value of the public
lands will be enhanced. If, then, it will add to
the value of our lands, ought we not to contrib,
ute to it Would we not, as individuals, thus
act? This is not novel principle. 1t has
been acted upon for more than twenty years
The case of the canal connecting the Illinois
river with Lake Michigan is striking ne
There alternate sections were given tn make
canal and suppose | can appeal with conf
dence to the senators from that State, whether
the lands reserved To the United Sta'es were not
disposed Of afterwards readily
"Mr Breese, lin his seat9 Thousands of
ncres, were disposed of, which would otherwise
never have been sold
"Mr. Calhoun. | have seldom given vote
he result of which gratifcd me more than the
vote which gave on that occasion. | then pre-
sided in that chair which you now occupy, and
gave the casting tie. take to myself, there
ore, some share in the credit ofthat magnificent
Improvement. Indeed, do not think that there
5 principle more perfectly clear from doubt
han this one is. 1t does not belong to the cat
'gory OF internal improvement at all. 1t is not
power claimed by the governmental asa govern
nent 1t belongs TO the government as land
I'd proprietor. And will add, tina, it is not
'nlya right but duty, and Importan, duty
Now, what has been considered an equitable
between the government and the
State which may undertake an Improvement
easing through the public lands Long since
[ was agreed that the grant of al Srctinns