The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-28

report 10 this House, are bills Of national char
acter-afe bills which, IL passed, will be OF infinite
service 10 this Government In time of peace, in the
transportation of the mails and public properly,
and in time Of war ia the transportation Of troops
and munitions Of war"
Now, sir, love this word national, when il is
applied IN the full sense of its meaning. Are not
railroads in the old States national IN their char
aeler? z" Can you pursue this system Of special
legislation and satisfy the people' Can you do
nate 10 Illinois and reject lowaf Can you donate
TO Alabama and reject Arkansasl Can you make
these immense donations 10 the land States, and
satisfy the old States, who have paid four-6flhs
of the cost and expenses Of these landsi No, sir.
! submit here resolution extracted from the
able speech OF the honorable member from Mis-
sour, Mr.. PoRTER, on the Missouri railroad
bill which resolution was passed by an immense
gathering of the people of his State, in relation to
the Hannibal and st. Joseph railroad;
" Resolved That the large grants of lands by
Congress to neghborng State, to aid her ia the
construction OF railroad, authorizes the State Of
Missouri 10 rely upon the justice and imparliality
OF the Federal Government for similar grant of
lands, TO aid in the construction of the Hannibal
and st. Joseph and the st. Louis and Pacific rail-
roads; that the lands of the United States in the
neghborhood of the contemplated Missouri rail-
roads will be enhanced in value by the construc-
ton Of said roads, quite as much as similar lands
roads in any other State; and that every reason
which properly exists, or has existed, to induce
such grant Of lands TO any other State exists in
regard to the State Of Missouri"
This resolution, sir, speaks not only the senti-
ments of the people Of the State of Missouri, but
of the people Of all the land States. Relying
upon the justice and iapariiay Of the Federal Gov
ernment," they look TO a continuance of these
grants, with faith, and not without hope. The
vnr nT htoSn bar oh tha. a.
luton, and by the energy of her able Representa-
tives on this floor, has triumphed. The policy Of
making these grants has been adopted by this
Government. 1t is no party question The land
States strike together, and the question has be-
come sectional in its character and elements.
Who should doubt, then, as regards settle
ment of this question, that some general system
should be adopted which would equalize these
grants and protect the interests Of all the States,
Do my Western friends oppose this bill because
they deny the right of the old States to participate
in this common fund.- Are they prepared to deny
the partnership and dissolve the bonds Of common
benefit for which these lands stand pledged.
If this is so, it is time for settlement Of the
concern, and draw out at least enough of the COM
mon stock to refund the cost and charges TO which
the lands are indebted to the I" customs"
! come now to speak directly 10 the provisions
of this bill
Ist Is the bill CONSTITUTIONAL
Cd. Does il equaze the grants of land upon
terms of equality to all the Staes'
The Constitution Of the United States declares
LIST. Congress shall have power to dispose Of
and make all needful rules and regulations respect-
ing, the territory or other property belonging to
the United States; and nothing in this Constitu-
ton shall be so construed TO prejudice any
claims of the United States or any particular
State."-Rat6ed 18th day ofSeplember, 1887.
I'd. GAN debts contracted, and Engagements en-
s..t, k.fN L.. IL. -
ton, shall be valid against the United States under
this Constitution as under The Confederation"
BY this nrovi ion of the Constitution, Congress
has full power 10 control the territory Of the Uni
ted States, 10 provide for the sale and settlement
of il, or TO make such other disposition Of it as
will not prejudice the rights Of the Government or
any particular State 1 contend that these special
grants, made by Congress without a bona 6de
equivalent are an infringement upon the constitu-
tlonel rights of other States but where an EQUIV
aent is, by the terms of the grant, made on con-
ditions accompanying II, then such special grants
would come within the meaning of the specific
terms of the Constitution. Some gentlemen have
contended that the adoption Of the Federal cor
pact abrogated the eessions" made by the original
States under the Confederation. This is most
clearly an opinion at variance with the plain pro-
visions Of the Federal compact which says:
That all engagements entered into shall be valid
under this Constitution under the Confedera-
original States an engagement, accompanied with
conditions, which are sacred in their character
as the Constitution itself2 Most certainly. IL is
most clear, then, that Congress never had, and
has not now, the liberty u disregard the solemn
conditions OF the original cesSions made by the
States for the g common bsn.ft" Of the States ex-
isting at the time the oessions were made, and Of
those territories settled by districts that should be
admitted into the Union thereafter. Congress has
full power under the Constitutions to acquire ter
ritory by treaty or by purchase and when OBJ
tanned, it becomes the common property Of all the
States, subject 10 the provisions of the Constitu-
ton before recited.
A large portion Of the public domain, now held
by the General Government has been obtained
by treaty with other Governments The Indian
title Of possession TO the soil occupied by them
was recognised by the several States, under the
Confederation, md by the Federal compact, as of
most sacred character And the different tribes
have been acknowledged as having pc wer, on their
part, TO enter into treaty with the States under the
Confederation, and with the General Government
after the adoption Of the Constitution.
The public domain thus acquired by treaty has
been paid for out Of the National Treasury, and
consequently belongs to the people Of the several
States, and is held in trust by the Federal compact
for the common benefit Of all. IL is not, then,
competent for Congress TO surrender to the several
States, upon terms Of equality, portion Of this
trust for their particular benefit And under the
present management of the lands, is 1t not wise and
judicious to do sol These questions that adj
dress themselves TO the candid judgment Of the
American people, and should be treated by this
Congress with that consideration that the cxgen-
ocs and the conflicting opinions 10 demand.
This general bill does not propose to change the
entire features OF the land system Il only pro-
poses a change in the manner Of disposng Of the
lsrds. The present system contains some provi-
sions which should be preserved as invaluable to
tho people Of this country. The power TO acquire
and transmit title to the soil through the Govern
ment, is one which gives stability to our institu
tions--oonhdence 10 the peoples one Of the safe
guards Of our republican form Of government,
Consequently the transmission Of title TO the soil
should be guarded with jealous care. This high
prerogatiee under the provisions of the Constitu-
ton rests with the Congress, and should be exer-
cised with care and elaboration, looking to the
elevation Of our country and the equality and in
dependence Of the people.
In view OF these great principles, am opposed
to the Government soverng and transmitting the
title to millions Of acres Of the soil, to be vested
tbrouph the action af anv of the aOyereirn States