The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1852-05-15

relief of the INDECENT insane, that 1t pro-
tects the actual settler in the possession
of his rights f.; that it confirms pre-emp-
ton claims that it prevents the States
from selling the lands at higher rate
than the minimum price of the public do
main, and that it restricts the locations to
the lands subject to private entry at the
time of its passage by Congress. Above
all, we are told that we in the Territories,
shall have the right to tax the lands to be
selected by the States therein. Now,
sir, l would not give farthing for all the
limitations, and restrictions, and guaran-
tees, that you can crowd into this BILL
If the lands are once but transferred to
the States, the same majority which pass
es this measure will be found ready,
whenever occasion requires, to scatter
all these limitations and guarantees to the
winds of Heaven, and to forbid the Ter
ritorial authorities from imposing any tax
upon such lands. And even supposing
that this would not occur, the past expe-
rience of this nation affords ample evil
dence, that any controversy which has
arisen between the General Government
and the individual States, the latter inva-
riabiy have prevailed. Let the public
lands in Minnesota and Oregon but pass
intothe possession of the States, and |
will venture the prediction, that they will
be managed without regard to any previ-
Gus contract or agreement with the Fed
eral Government, and without the least
reference to the general interests Of either
Territory. Should this be the case,
where is to be found the remedy for the
poor settler thereon? He has not the
means to coerce State. by the institu-
ton Of legal proceedings in the Supreme
Court of the United States, and he must
consequently abandon his improvements
and the fruits of his toll and labor, or
suffer such axactions as the agent Of the
State may see fit to impose. 1t is no suf-
ticient answer to assert, that no State
would pursue 4 veXatious or improper
course towards the tenant Of its lands
1t is enough for me to know that the ac-
tual settler would find himself in the
power of a forei On jurisdiction, to caus 9
me to turn with adherence from any
project, which would tend to place him
in so humiliating position.
Mr.. Chairman, if the several States
must receive aid from Congress, to ena-
bic them to discharge their obligations to
an unfortunate class within their own
limits, let the vote given be a direct one
upon the simple proposition which have
submitted TO the House. The bill intro
duccd by me several weeks since, provid-
ed that the proceeds of the first ten mil
lion acres of the public lands which may
be sold, shall be equitably divided among
the States for the relief and support of
the INDECENT insane therein. Sir, l will
be frank, and say that l do not think any
such arrangement as this, would be in &C
cordance with the spirit of the Constitu-
ton. Although that instrument gives to
Congress the complete control of the pub
lie lands, without imposing any restric-
tons an 1cords, as to the particular OBJ
jccts to which they shall be devoted, do
not believe that any strict constructionist
will contend, that it was the intention of
its trainers to grant to the National Leg
i'i"'uiS Z, ''utiiOiity W iiiclldtC lHCSC IillOS
for purposes strictly local in their char
acter, as is contemplated by the bill to
which | refer. Nor can | perceive how
any man can, with propriety, oppose the
project for the distribution of the pro-
ceeds of the public lands among the States,
which was, and still is, so obnoxious to
the Democratic party, and yet vote to dis
tribute the lands themselves in the same
manner. Sir, in my poor judgment, the
one is as open to objection as the other.
If Congress possesses no ri ght TO dispose
of the money in the Treasury, received
from the sale Of the public domain, 9TH
erwise than for the defence of the coun-
try, Or the general welfare, he would
have to be possessed of much metaphys-
ical subtility, who could convince me
that the domain itself could rigtfullly be
parceled out, except for the same spcci-
iic objects. 1t may be prcsumptious in
me, Mr.. Chairman, to be thus obtruding
my opinions as to the constitutional pow
ers of Congress, upon this House, as |
profess not to be q learned in the law"
But it appears to me that plain, COM
nonsense view of the subject, should
prevent any one, who is not an advocate
for latitudinarian construction of the
Constitution, from voting for any such
scheme, as is contained in the bill which
| am now opposing. And l have only
been induced to introduce a substitute,
such as have mentioned, because of the
two projects, my own, being the choice
of two evils, will, at least, not be attend
ed with injury to my immediate constitu-
ents.
But there is still another mode by
which the object can be reached, if there
is majority of the members upon this
floor, who are determined that the sever
al States shall benefit by some such divs-
ion of 4 portion of the public domain, as
is contemplated. In such case, allow the
land States to select their distributive
share of the ten million acres, within
their own Limits and nrovide for the iS