The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-01
CITY OF WASHINGTON, SUNDAY MORNING, AUGUST l. 1852

hal the memoranda should be used referred 10 after
had pointed oul the mistake.
Mr. FELCH The reference TO the memoranda was
made alter the remarks were made here made no use
OF them alter the pointed out The error and had
occasion TO look over the papefe and see al sueh was
the caseno OF them either here or elsewhere NOW,
what is lhe amount Of all this why that Tue memo,
fanda misled TO date, which The senator referred
10 and pointed out Have ever used TIC memo
randa here since No, srneiiher here nor elsewhere
did ma there was mistake ~ lhe date. nut the po'
10 which was coming was. that although there was
mistake-@and the memoranda l have referred 70 since
have satisfied me that there was nstakesii, maj iael
does not change the principle involved IN lh's Case oh
the contrary. is certain that this section IN question
section No. l1-was section selected by The school, a-
horiles, ayn confirmed by the then Secretary oil the
M eSss1 Of hs Is mas as,oo the senator
more 70 Suggest TO him that he is entirely mistaken IN
this matter IN supposng that this selection was made by
ing do with 1t at all The selection made by the
receiver OF the public moneys OF the State OF louisiana,
and not BY any school authorities.
Mr.. FELCH. All that may be; still, the selection
was made in The manner pointed out by the laws of that
State ht section ~ selected by the proper aulhori
ties there, ns,eal OF the 10Th section. which had been
taken for another purpose The prnc pie that argued
upon this that that section had been Sc
eced according 10 law, and had been approved by the
Secretary of the Treasury, that moment il became the
property of the Stare authorities for school purposes and
from that moment 1t out OF the power OF Congress,
by any act OF legislation, 10 give it 10 third party, and
in that divert the title out OF the Local authorities
point now and such understand TO be the true state OF
the Now suppose that the senator should say was
mistaken in all lhs--I should have no angry feeling
about the matter but should be willing to go with him to
the record know nothing about the parties in this
have no feeling upon this subject at all All
want 10 do il 10 investigate the case, and whatever IS
right shall not object TO- Ii it right, and we have
the power TO DO SO, am willing to give pre-empton In
this
Now | must make one remark in reply 10 the remark
of the senator in reference to the power OF Congress over
these school ands | will explain myself in very few
words. The school lands originally consist of the 10th
section in esch county, reserved for school purposes by
general law. Previously 10 the time OF the State
gansation tie law this 10th section for school
purposes But that 10th section is not appropriated tor
school purposes-tha is, the title In 1t does not pass
until hy act of Congress is made pass directly to the
State in which il lies, TO the school authorities
in the State; sometimes the town authorities, and some
times the State authorities, have charge OF 1t Now,
when a State is admitted into the Union, this 10th
section is provided for this purpose; is usually made
condition hat they shall have this 10th section to man
age for themselves for school purposes upon asserting
10 certain ether propositions which Congress generally
makes to them upon their admission. Now. when they
consent TO this, what is the state OF the case This 10th
section is longer reservation Tor school purposes
that Congress may still dispose OF IN some other way,
but is then the property of the State, and comes un
der the charge of the regular school authorities oil the
State. The principle OF action IN this matter mas been
ths after te reservations but before the cesson OF the
land to the Sate Congress has power over II, and may
grant pre- enpon rights TO it, aud dispose OF 1t IN other
methods provided they always do that they make up
alent selection elsewhere Up 10 that time they have
that power this reservation, hut is only before the
actual cession to the State. When the land is once
ceded the power OF Congress over 1t ceases utterly and
forever they then have power TO interfere and give II
10 individual 10 this man or that man. and ior THIS
purpose and for that purpose without the consent oil the
Stale. That doctrine perfectly manlfest-and made
manifest too, by this BILL because the bill itself provides
that the inhabitants of the town shall give their consent
to this arrangement But the Inhabitants o! the Town
have the power to control and manage this property
by their petitions here and by their assent TO this That
does dives the title that is in the State or town
authorities, and which imposes upon them the obligation
and condition OF that trust which is merely TO use this
land for school purposes We cannot dvest the title IN
thls manner. -
There is the difficulty of the case and the only diff
fculty that have. With me IT is but an abstract ques
ion and nothing else. Ii is a question whether the
proper authorities, having selected this 9th section for
school purposes It is competent for any authority here
or there to dives them OF the title that IS the only
question As now understand the fact, and as have
understood the fact all along that principle applies 10 this
II II does not and senators are satisfied, and VIII
satisfy oil the fact that we have The power to dvest
the proper authorities OF their lille IN this land, and give
pre- .empon 10 this individual, then would certainly
20 with my friend from Louisiana, tMr. Downs My
only difficulty is UPON that point.
Mr. DOWNS | am glad that the question is mere
question OF law which is TO govern this case. And do
think that The honorable senator Mr. FELcH very much
mistaken in his legal Argument that Congress has not the
power to release this reservation No doubt that the dis
ncon tha, he has made is good one, that lands orgi
nay reserved and the lands absolutely vested IN the State
are vested the State, has been the practice OF Con-
gress release such reservations, with the consent oil
he proper authorities Why, sir, IN this very OF
Carson which the senator relies upon aording
son why this bill ought not to pass, we released another
section in this township, and in Just the same
situation as this land was when this individual asked
the Secretary TO release II in his favor cannot see,
therefore, how the legal argument of the senator is TO
apply this Does he contest the case OF Carson
There would have been difficulty here al all II had
not been for the Carson twas account OF the
Carson that the Secretary OF the Treasury withdrew
the release be had given in favor OF this man Bowman II
il s wrong n the case, II wrong in the other II
would be no doubt Of what il was, would be the last
man in the Senate to interfere improperly with these
reservations Tor the purpose OF aiding public schools II
this was an original case, would say that there never
ought TO be change made in single instance because
this fund ought 10 be kept sacred Bot when look INTO
your statute books, and that this change Is made
every session whenand can be obtained sewheretbat
il is made in many other where other land could be
obtained and when find that the competitor here tCar.
sony has had preference over all others cannot tel
why should not apply the same rule 10 others, ana 10
thIs Ii is certainly very strange idea, when an IT.
legal act has been made in favor of Carson, they should
object to this on account of the obstacle that illegal
land and deny ii to the other applicant Even suppose
that Congress has not the power to do this is II rght
for you to take sides between these two hganis, and
give title to one of these parties and then turn round
TO the other one and say have no power TO do this
thing All that ask is that the two parties shall be
placed upon the same footing.
MIR SHIELDS Will the honorable senator permit me
to ask him one question Was this land selected by the
school authorities of the State and was that selection
approved by the competent authority here
MIR. DOWNS. THIS selection was never made by The
school authorities of the State. The school lands in