The southern press., 1852-03-09

|
States, then, becomes ag,ina landed proprietor
for the benefit of the States under that com
pact.
When wc acquired Louisiana new principle
arose in our policy. All the lands prior to that
period had been obtained from the States by
contracts between the States and the general
government. In 1903, when we made the treaty
with France by which we obtained the lands in
Louisiana, it was very much doubted, indeed,
whether the government of the United States
had the power TO acquire territory in that way.
That point was, however, yielded. Now after
those lands were received, this is the principle
which interposes, and the one upon which
place the disposition of the public lands. When
the United States purchased the lands within
the limits OF Louisiana from France, whose
money paid for thema Why, sir, the money
of the government of the United Stdtes which
was the representative of the different State
The title was taken to the United States and
to whom did that title inure! Why, sir, the
consideration paid, being out Of the money be-
longing to the United States, in the hands of
the general government, the title, of course,
Injured to the benefit of those who paid the con-
sderaton And after the payment, from the
proceeds of the sales of these lands, of the
consideration which was originally p d'for them,
the balance of the lands camel into the hands of
the general government as all other lands have
done, for the purpose of equal distribution
among all the States. That is founded upon
this principle of law: If pays the considera.
ton, and the deed is taken to A, A is then trus-
tee for the benefit of b. in law it is called
resulting trust" Now, the United States
having paid the money Of the States for the
lands in Louisiana, when the title was made to
the United States, it Injured to the benefit of the
States. consider that this property is in the
hands of the government merely to be used
upon such terms and conditions as may be
deemed proper for the benefit of the States
go upon this broad principle, now that this
government has settled the question of power
over the public lands, and has a right to dispose
of them as it pleases. Now, it was in Florida
as in Louisiana. When the lands in Florida
were acquired by treaty from Spain, the proceeds
of the lands were to be placed in the treasury
after the consideration paid for them had been
returned-for the benefit of the States, as with
the other lands.
Thus was formed the body of lands-ths
species of property which aas regulated first
by conpacts with the States, aud then by treaties
made by the general government OH the part of
the States. The great question then comes up,
Where did the title go? 1t went. necessarily,
to the government of the United States but it
is not an absolute title, but one with limitations
and restrictions in behalf of the States. All
admit that, the United States being the landed
proprietor and trustee, the States are the cestui
que trust That is the principle which, think,
should control US in the disposition of the pub
lie lands. The first question is, How shall we
dispose of them? Now, answer, first, accord
ing to the terms of the contract under which
they were acquired. The lands obtained of
Virginia and Georgia were obtained by com
| IL
to be conformed to; and were it case as be
tween indivi .uals, a court of equity would de-
cree the execution of those restrictions and
stipulations. The restriction was, that, after
the payment of certain debts, the property shall
inure to the benefit of the States. What States
All the States-Virgna and Georgia included-
upon the principles of equity and justice in their
distribution. The dividing question between us
has been this: One party in the government of
the United States at one period say, Keep all
the public lands and their proceeds for the pay
ment of the general government, and then there
will be equality in their distribution, That is
my doctrine. If the proceeds of the public lands
could go into the public treasury, and be applied
to the general exI enses of the government, that
would be an equal distribution, and | would
have no objection to it. One class of politicians
lin this country maintained that this land could
ment. Another class maintained that Congress
had no power to appropriate either the public
lands or money for internal improvements. That
was a debatable question for long time. But
mark, now: these gentlemen, who do not be.
lieve that Congress has the constitutional power
to appropriate lands or money for internal i'm.
provements-what do they now dol They come,
forward and say, You-the Congress of the
J United States-haye no power TO give this land
or money for internal improvements. But we
/ will tell you what you can do. You can give
the lands to State, and the State can direct
these lands to be applied to internal improve.
ments. Moreover, you can appropriate the
lands and declare at the same time what the
! States shall do with them-that is, direct them
| 10 construct a railroad or make some other IN
ternal improvement. Now, suggest 10 you,
Mr.. President, add 10 the Senate, this question:
{ II Congress has not the power 10 do this act OF
, tsrlf with the public lands has il the power 10
delegate il TO the Ststesl | think il would be
, Just conclusion that, " Congress had not the
power 20 do IL Of ITSELF il could not delegate the
right to any single State.
, But will pass from these general PROPOSE
tons, and come down now TO the case directly
Z before us. What is the proposition before ns :
= Gentlemen say we agree with you that Congress
J has no power 10 give those public lands 10 US
unless il is done upon n certain principle What
is that principlel Il is that the amount that the
government gives must be made up TO il by the
increase Of the value Of the remaining lands in
! other words, each alternate section, being re.
:, served 70 the United States. shall be sold for
80 so per acre, instead Of the 81 25 per acre,
. at which il would be sold without the grant,
4 That is the principle upon which the friends Of
: this measure, and the other measures Of this
class, seek 10 take this case out Of the position
in which have placed il. What il the princi-
, pie involvedl Alternate sections and the in
crease Of the value Of The remainder Of the pub
, JIG lands.
Now, let me refer 10 The Senator from Iowa
. Mr.. JoSEsl upon this particular point The
railroad from Dubuque TO Keokuk Is about $40
! miles in length, as the road now runs. That
. road has already been incorporated.
Mr.. JONES, Of Iowa The gentleman is en-
tirely mistaken The road is only. about 100