The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-03-13

Il Il. " GA enEwFH' Secretaries.
Speech Of Fon. i'll. Orr, of South Carolina,
On the Bill Granting Public Lands to Missouri
10 Aid in Constructing Railroads; Delivered
in the House Of Representatives, February
"a, 1882
The House having under consideration "a
bill proposing to grant alternate sections Of land
to the State of Missouri, for the purpose of
constructing railroad from Hannibal to ST.
Joseph, and from ST. Louis to the western line
of Missouri
Mr.. ORR said:
Mr.. SPEAKER propose submitting few
remarks upon the bill now before the House for
consideration. | have examined it's 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 States"
| 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 deposition of the public
lands, shall dispose of them in such manner as
most effectually to promote the interests of all
the oule,. Now, this bill proposes to carry
out, as l conceive, the constitutional power
vested in the Congress for disposing of tire 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 right to give away one
half of the public land, located along the line
of railroads, that the remaining half may be en-
HANGED in value Is not that sound principle (?
Is it not correct principle! | 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.
tlemen 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 to be
prejudiced against this bill, because, forsootb, it
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, it will be con-
ceded by all, suspect, that he was at least a
strict constructionist of the Constitution of the
United States, and that he was the last man
who has figured in public life inclined, by his
acts, to confer upon the general government
greater powers than those which the Constitu-
ton plainly give. In the debate in l84S in the
Senate, on the bill making donation of public
lands to the State of Illinois, Mr.. Calhoun par
ticipated He said
"The question in this case ia a very simple
one. We are authorized by the Constitution to
dispose of the public lands. Here is a 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
land 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 one. There,
alternate sections were gwen to make a canal
and | suppose | can appeal with confidence to
the senators from that State, whether the lands
reserved to the United States were not disposed
of afterwards readily
Mr. BREEsE, Gin his seat) Thousands of
acres were disposed of, which would otherwise
never have been sold.
"Mr. CALHOUN | have seldom given vote
the result of which gratified 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 to myself therefore,
some share in the credit of that magnificent i'm
provement. Indeed, do not think that there is
principle more perfectly clear from doubt than
this one is. II does not belong to the category
OF internal improvements at all. 1t is not a
power claimed by the government as govern.
ment. II belongs to the government as a landed
proprietor. And will add, that it is not only
right but duty, and an important duty. Now,
what has been considered an equitable arrange
ment between the government and the State
which may undertake an impro vement passing
through the public lands? Long since, it was
agreed that the grant of alternate sections was
fair contribution on the part of the United
States, considered ms proprietor, and from
which the United States would be very great
gamer II appears to me to be an equitable
arrangement; and doubt whether, in any case,
either Of canal or a railroad Passing through the
public lands, the United States wond not be
gamer To that extent ] am prepared to 90, be
the road long or short; if it be long, you gain
the more; if it be short, you gain the less and
you contribute in proportion to your gain"