The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-03-30
SPEECH
OF THE
HON. j. L.. ORR E,
OF sOuTH CAROLINA.

On the Bill Granting Public Lands
to Missouri; to did tm Construct
eng Railroads, deligeyed IN the
House Of Representatives, FEB
rsary "a, 1852.
The House having under conside.
ration "a bill proposing to grant
alternate sections of land to the
State Of Missouri, for the purpose
Of constructing a Railroad from
Hannibal to St. Joseph, and from
St. Louis to tile western limo Of
Missouri" -
Mr.. Speaker: I propose submit
ting few remarks upon the bill now
before the House for consideration.
I'have examined its provisions with
great care and attention, and have
come to the conclusion to cast my
vote for it. I shall, therefore, pro
ceed to state briefly the reasons
which have operated upon my mind
in bringing mo to that conclusion.
The first question that is presented
to the investigation Of the House is
this: Has the Congress the constitu-
tional power to make the donations
contemplated in this bill? In the
Constitution there is tie following
clause:a
"That Congress shall have power
to dispose Of and make all nccdful
rules and regulations respecting the
territory or other property belonging
to the United States
I suppose that the power con-
ferrcd by this clause upon the Con
gress of the United States is ample,
full, and complete, as any other
power vested by that instrument in
Congress. And the only limitation
to that power, in my opinion, is an
implied trGst,that the Congress, in
making that disposition Of the Pu51c
lands, shall dispose OF them in such
a manner as most cffcctually to pro-
ihote the interests Of all the States.
Now, this bill proposes to carry
out, as / conceive, the constitutional
power vested in the Congress for
disposing Of the public lands. l do
not think Congress would have the
power to give away all of the public
lands; forin that way the Government
would not be carrying out this i'm
piled trust. BY virtue of ita right as
the proprietor Of the public domain,
the Government has the right to
give away one half Of the public
lands. located along the line Of
railroads that the remaining half may
be enhanced in value. Is not that
a sound principle? I do not design
entering into an elaborate constitu-
tional argument upon this subject;
but will quote some authorities,
which may satisfy the minds of
gentlemen who doubt upon this
point, rf.5ssstaaassasas rfhsstaaassasst, more concise and
infinitely better than aHy; argument
which l might make. 10 these I
desire to call the attention especially
of the members from the old States
eswho seem to Lc prejudiced against
#shis bill, because, forsooth. it does
s9,ot provide for giving lands to the
Sold States. The first authority is
that of Mr.. Calhoun. I need not
say, Mr.. Speaker, that his authority
with me has more weight than the
authority Of any ether statesman
living or dead. Whether gentlemen
agree with Mr.. Calhoun in his gen.
eral views, or not, it will be CON
ccded by all, l suspect, that he was
at least 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 Constitution plainly
give. In the debate in 1848 in the
Senate, on the bill making donation
ofpublic lands to the State of H.
inois, Mr.. Calhoun participated.
lie said:
"Tho question in this case is
very simple one. We are au-
thorizcd by the Constitution to dis.
pose of the public lands. Hero is
n 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 contribute 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 a
s,rikiur ouc. There. alternate sec.