The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-04-08

it must of necessity the secure
OF indispensable outlets for its own pro-
auctions TO the weight, influence, and the future
maritime strength of the Atlantic side Of the
Union, directed by an indsso!uble community OF
interest nation. Any other tenure by which
The Vest can hold this essential advantage, whe
Their derived from its own separate strength, or
from an apostate and unnatural connexion with
any foreign power, must be intrinsicsily precari-
ous."
RAILROAD GRANTS.
But, MIR. Chairman, one Of the most interesting
spects in which the subject of 'internal improve
inents" can be presented, and one which avoids
political prejudice, and all ground of constitutional
scruples OH the part of gentlemen honestly differ
ing in their construction Of the Constitution, is the
did proposed ~ be given by this Government out
Of its immense public domRn-estimatcd to be at
the present time more than 400 900 900 of
to the ''land States" by grants Of alternate
sections along the lines Of their railroads, and
other public works, which they have projected
towards the prosecution and speedy completion of
those important works, which, when completed,
viii directly, and 10 al almost ncalculnble extent,
benefit not merely the States in which they are
built, but the Government Of the United States,
and the whole country. Sir to my surprise, gentle
men seem 10 have stated something akin TO consti
tutional objection to the making of these "grants;
at least intiDating that Congress would violate
some principle as sacred as constitutional pro
vision, by making the proposed grants. Now,
sir 1t seems 10 me, any such position as this
Is totally unfounded and indeiensible The hon
orable gentleman from Tennessee (Mr. CHURcH-
wELL,) who entertained us with a very plausible,
well delivered specch few days since, seemed to
be inclined to the opinion that these grants of al
ternate sections were in violation Of the rights Of
the old States; and especially OF the rights OF Vir-
ginla. as secured by the ordinance Of $780, by
which she coded her public domain orth Of the
Ohio TO the United States, ''as common fund
for the and benefit Of such OF the United States
as had become should become members Of the
conieder alton or federal alliance Of said States,
tnth eIr
tive proportions in the general charge and cxpen-
dture." The honorable gentleman did not secm
TO bar in mind the fnct that VIC were not then "A
constitutional Union;" we were then mere cal
lance Of sovereign States;'' and that that surren-
der Of her public domain was made by Virginia to
the States forming that ''confederation," for the
purpose Of paying off the public debt and defray-
ing the expenses OF that Government which the
States, as States were required by the "Articles of
Confederation" to pay in certain proportions. One
OF The fleets of this surrender was TO Tighten the
contributions which Virgini and the other States
had to make to "the general charge and expendi
ture." That confederation" was found to be ga
mere rope ofsand" and not a firm bond Of" union,"
and was abolished by our present Constitution,
adopted in 1859. Now, what does that Constitu-
ton provide in regard to Nbe public domain? 1t
gives the "powef" to Congress "to dispose Of
and make all needful rules and regulations con
corning the territory and other property belonging
TO the United States The "jus dsponendi,' or
power of disposal Of the public domain, is thus
given to Congress In the most explicit terms which
could be employed-without any rest,ietiOn
errutlon whatever. The whole subject il left to the
discretion Of Congress. The honorable gentleman,
(Mr CHURCHwELL,) however, says-and ! wish to
do him nor any other gentleman the slightest in
justice, and quote his languagc-that she is will
ing TO grant lands to the States respectively. from
policy more than upon principle for works of
great national charactcr-such as the railroad from
Cincinnati. through the very heart Of the nation
to the southern seaboard at Charleston, the road
now under way from New York, through the val
ley of Virginia aud Tennessee, to New Orleans.
These are truly national IN their character, and
although being constructed rapidly by States and
individuals, they might be encouraged by Gov
eminent" Now, cir, claim the vote of the hon
orabe gentleman for these grants Of land which
the new States Of the West ask, and which doubt
not Tennessee would ask. If che had any public
land within her limits, "upon policy" for can
assure the gentleman that the roads projected in
the West are as truly national" as the roads to
which he audes. They can be indicated either
upon ''principle" or policy
Mr.. bEALE. May ask the gentleman ques-
ton! j wish TO ask whether the constitutional gov
eminent of 1889 did, by the fundamental law, or
the practice Of nations abrogate the contract made
with Virginia under the conventional government
vi 1854, in relation TO the public lands!
MIR. PoRTER. will answer that question. The
State OF Virginia was party to the convention by
which the Constitution was formed, and with the
rest of the States, ratified it, and bound by its
provisions, each and every one of them. That Con-
sututiOn gave the ConCr OF the United Stairs
the power 90 dispose Of the public domain, without
limitation restriction; so that then, sir, any linn
itatiUn or restriction which might have existed UNI
der the "Arices OF Confederation, was comJ letey
atrOgaied and annulled. Her being party TO the
federal compact" commits her, as well rs the
rest OF the States, 10 the unconditional grant OF
power 10 Congress 10 dispose Of the territory
belonging to the United States. What might
have been her rights under the "Articles Of Con-
federation if the Constitution had never been
i.rmed, or never adopted, dos not ut all affect the
question. The parties TO any contract agree
rnent have an undoubted right 10 alter abrogaie
IL ct pleasure.
MIR BsALE. With the gcntleman's permssior,
] should like to put another question.
Mr.. PosTER. No, sir; cannot consent can
not yield the floor for further interrogatories,
as my hour Is rapidly passing away. hold, sir,
the policy and propricty of this disposion of The
public domain lie uuqucstonahle- not less go than
IL the constitutional power 10 make this disposi-
ton The matter Of grants OF "altcrnate sections"
Of public land TO the new States, tn aid them in
the construction Of important and feasible public
works, Is not new in our history but an estab
lishcd policy, testod by the touchstouc OF expert
enCc. IL " not pretended that the General Gov
crnment has lost any thing by this policy. Grants
upon this principle we're made to Ohio and Indiana
to aid in completing their canals. Behold the
result. Not only has the residue been cold for
than the Whole would have been sold for, If thosc
grants bad been withheld upon any Of The plausible
prttenccs upon which come honorable gentlemen
THE floor seem inclined to withhold the grants
askcd; but ready sale has been effected
precisely bccauso these grants expedited, II they
did not 'iitct, the construction Of those import.
ant works. There now remain in the State Of
Ohio only about 800 900 acres Of public land, and
only about 900 900 acres in Indiana. II Is most
manifest that the General Government has been
greatly benefited, by means Of these grants, by an
increase Of her revenue from that source, and
large increase Of the cash value of her lands lying
in the Ststes 20 which the grants were made
What is the history of the country that subject
Why, sir, when these granite Of alternate sections
Of public land were made TO aid In the construc.
ton Of certain railroads, and liberal donations Of
land De q reward for military services, IL was an
ucipated and confidently predicted, by not few 3,
that revenue 10 the Government from this source
would be pretty much cut of But hns SUCH or
any thing like It, been the result What says the
Commissioner Of the General Land Office in bic
last official report
The amount Of land sold during the first quar-
ter ~ the fiscal year commencing July !, 1851 4.
40 ls0 65 acre.. for which there has been re-.
ccyed the som Of 500, 69l OF. The amount II
land sold during the corresponding quarter Of the
last bsCa year was goo 7s9 Gh acrcs. for which the
sum Of { $40 90 was received. The sales thus
appear 10 be largely on The incrcnsc?'
And the President, in bic last annual message,
IA abiding to tbis large increase # revenue from
that source, uses this language:
at will be chat The cash salcs Of the public
lapds exceed those Oi the preceding year and that
there is TO anticipate still further increase.
Notwithstanding the large donations whic h he We
been made % many of the Siatos, and the liberal