The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-05-25

Bo9SIAS - ms' AvUA0ssS u shBEos",
Against the Homestead Bill, and all kindred
measures. Delivered in The House Of Repre-
senfalfres, April 8, 1851

The House resolved itself into the Committee
of the Whole on the state of the Union, (Mr.
HIBBARD in the chair.)
The CHAIRMAN stated, as the business be-
fore the committee, House bill No. Z, being a
bill to encourage agriculture, commerce, manu-
features, and all other branches of industry, by
granting every man who is at the head OF
family, and citizen of the United States, a
homestead of one hundred and sixty acres of
land out of the public domain, upon condition
of occupancy and cultivation of the same, for the
period herein specified upon which the gentle
man from Virginia Mr.. AvERETT] was entitled
| to the floor.
Mr.. AVERETT rose and said:
Mr. CHAIRMAN: The state of my health and
my sense of propriety forbid my INDUCING in
the discussion of matters extraneous to the ques
ton which is now before u.s. | do not rise here
to engage in warfare to make President. |
did not come here for any such purpose. ! do
not rise here for the purpose OF engaging in the
discussion Of matters and things in general, as
seems to be the custom Of the House, when in
the Committee of the Whole on the state of the
Union-a custom more honored in the breach
than in the observance" do not rise here for
the purpose of defining my position in regard to
the compromise measures of the last Congress.
Conceiving, as honestly do, that my section of
the Union was outraged and wronged by those
measures, feel that have right to demand
the humble privilege Of a cullen silence. The
friends of those measures ought surely to be
content under knowledge that they are laws
beyond the reach of Southern extremists" /
rise here with no purpose of engaging in a war
fare to put up odd fogies," as the phrase now
goes, or to put down "young fillbusters."
repeat that was not sent here for any such pur-
l rio 10 70 l.
us--ihe land question. rise, sir, as one Of the
Representatives of the rural districts of these
United States, claiming an equality of right in
the public domain, as the property of all; to
enter my solemn protest against any measure,
no matter under what prelence it comes before
u.s. that tends to give to any class in this com
munity, rich or poor, an exclusive right in that
public domain.
| rise for the especial purpose Of entering my
protest against the homestead bill II has as
tonisled me that so few have risen to expose
the enormities of that bill thank my honor
able friend from Maine Mr.. FULLER for his or
thodox, and able speech upon the question. IL
was constitutional speech, worthy of the "star
of the East" hope the members of this House
will read il, and read il aLtentivey TO whom
do the public lands belong DO they belong TO
Congress? There is scarcely a member upon
this floor who will be bold enough to say So
Sir, maintain, and can prove by The record, that
all the arguments which have been adduced in
supp ,rt Of this homestead bill, and of kindred
measures for the disposition of the public lands
are predcated upon the assumption of an abso
luto and unqualified power in Congress over
them; to dispose Of them in any way, and for
any purpose whatsoever, at the will of the ma
jority. Sir, this is startling assumption, and
denounce this and all other measures founded
upon it, as daring usurpations, tending to evil
and that continually" Are the friends of this
bill willing to be chained down to constitu.
tona view of the subject? No. defy them to
show the right under the Constitution, to take
the public lands and give them to any one class
Of our people, except in consideration of public
services. The effect of this measure would be
to take that which belongs to tho whole United
States, and to all the people of the United
States, and to give it to a small class of the
people of the United States, to the exclusion of
the rest.
Mr. HALL (interrupting) Will the gentle.
man permit me to ask him question
Mr. AVERETT. Oh! certainly.
Mr.. HALL. l will ask the gentleman from
Virginia if, during the administration of General
Washington, bill was not passed granting
lands to actual settlers in the Northw est Terri
$500 "
tory?
Mr.. AVERETT. ] do not quit my const-
tutional views, to inquire what General WASH
ington did, or what anybody else may have
done. Laughter call the attention of the
gentleman TO the Constitution itself, and defy
him to show that it authorizes a measure like
this. Sir, it has become fashionable to lose
sight of the Constitution, as il is, and seek JUS
tification for usurpations by some word or deed
of Washington, Jefferson, or Madison.
Dir. HALL. l understand the gentleman to
speak Of this proposition as a novel one
| Mr.. AVERETT. Do you believe that Gen.
eral Washington, with all his jealousy of foreign
influence, would have sanctioned such policy
as this?
Mr.. HALL. lido.
Mr. AVERETT. Well, we differ about
that; but it is immaterial. This measure seeks
to take that which belongs to all, and appropri-
ate it to the exclusive benefit of the few.
A MEMBER. Do not let them interrupt you.
Mr.. AVERETT. would not care for their
interruption if was well, and could be allowed
the time to answer them. | would invite them
would be willing to be interrupted, because
feel able to meet all the objections that could
be brought forward to the views which am
trying to present.
man to make the point against the homestead
bill, that it is unconstitutional to give lands to
some and not 10 all Upon that ground rests
his constitutional objection.
Mr.. AVERETT. No, sir, no; did not say
that. | must beg not to be interrupted, if the
gentlemans as lattudinous as that. Laughter
did not say that | said that the practical
operation of this bill would be, to take that
which is the property of all, and give it to a
part | said that would be the practical effect
of it, not that it was my only constitutional
objection.
Mr.. SWEETSER. Will the gentleman per.
init me to interrupt him for one moment!
Mr.. AVERETT. No, sir. You have proven
Yourself so much of a lntitudinarian in your
con struction of my constitutional views, that
fear if | indulge you, you will take up the whole
of my hour. | repeat the question, to whom
do these lands belong? If | had time, should
like to read to the committee the terms of the
cession of these lands by the old States under
the confederation. | refer gentlemen to the
terms of that cession of the vast territory in
the West now inhabited by our children, who
are endeavorine to eat us up, and to kill us of
i IL. Il. L.4