Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1852-03-04

Il,
Senate having under consideration the spe-
cial order, being the unfinished business OF
the preceding day, the pending question
being on the amendment offered by MIR.
UNDERwooD TO the amendment reported by
the Committe,. on, Public Lands to the "bill
gtanting the right of way and making a
grant OF land tothe State of Iowa, in aid
of the construction of certain railroads In
said State .r,
Mr.. SUMNER said: This bill is i'm
porlant by itself, inasmuch as Il promis.
es 10 secure the building of q railroad at
large cost, for along distance, through a
country not thickly settled, in remote
corner OF the land. II is more impor-
tant sill. as a precedent for a series OF
similar appropriations in other States
In this discussion, then we have before
us, a, the same time, the special interests
Of the State Of Iowa, traversed by this
projected road, and also the great ques-
ton of the administration OF the public
lands. ~ I'll dtfa4
/ have no inclination TO 60 into these
matters at length, even il ! were able;
but entertaining no doubt as 10 the re-
quirements Of policy and of justice in
the present case, and in all like cases.
seeing my way clearly before me by
lights that cannot deceive, hope IN a
few words TO exhibit these requirements
and 10 make this way manifest to others.
And am especially moved to do this by
the tone Of remarks which we often hear
out OF the Senate, and sometimes even
here begrudging these appropriations,
and charging the particular States in
which they are made with an undue alb
sorption OF the property of the Union.
/, is sometimes said--not in this body. /
know--.ha, s.ihe West is stealing the
public lands;" and the Senator from Vir-
ginia, Mr.. HUNTER, who expresses
himself with frankness and modera-
,ion of manner worthy Of regard, in dis
cussing this very measure, distinctly said
that 1--WE are squanderins away the pub
lie land;" and he complained that such
appropriations. were partial. ''because
sery large amounts of ,laud are distribu-
ned to those States in which they lie,
while nothing is given to the old States" ;"
Aud the Senator from Kentucky. Mr..
,UNDERwooD, taking up this strain, has
dwell Al great length, aud in Every varie-
~ of expression. on the alledged parliall-
~ oi the distribution.
Now, know full we'll that the States
in which these lands lie need no defend
er like my self. Bat, as Senator from
one Of the old States, desire thus early
10 declare distinctly my dissent from
these views. and the reasons thert1or.-
Beyond a general concern, that the
public iane.s, OF which the Union is now
the aimoneT the custodian and proprietor.
shonld be administered freely, generous
ly, bouutifully, in such wise as rost to
promote their settlement, and to build
upon them towns, cities, and States, the
nurseries Of future empire-beyond this
concern which leads me to adopt gladly
the proposition. in favor of actual settlers,
of the Senator from Wisconsin, Mr..
WALKER. l lind clear and special rea-
son for supporting the measure now be.
fore the Senate, in an undeniable rule Of
Justice 10 the States ia which the lands
lie. .af
LIE, ne speak, then. for justice 10 the
land States. And in doing so | wish to
,presen, animPortant, and, as it seems to
me, decisive consideration-which has
not been adduced thus far in this debate,
nor do know that il has been presented
an any prior discussion founded on the
exemption from tazation enjoyed 6y the
National lands in the several Stafss,
and the unguesfiona6ie ralue Of this
franchise. The subject naturally pre-
,sen,s iaself under two heads: First. the
origin aad nature Of this franchise; and.
secondly, its extent and value, after de-
duc.ing thcrefpoM all reservations aud
grants 10 the several States.
Land now, in the fret place, as TO
the origin and nature Of the immunity
enjoyed by the national domain in the
several States aF451isg
The United States are the proprietors
of large tracts of. country within the mu.
nicipal and legislative jurisdiction Of
States of the Union. These lands are
not held directly by virtue of any origin.
al prefogaiive or eminent domain, by
any right OF conquest, occupancy, or
discovery, but under acts Of cession
from the old States, in which the lands
were situated, and from foreign countries.
recognised and confirmed in the various
acts by which the different States have
been constituted, The words determin-
ing this relation are found in, the Ordi
nance of 1887 They are a. follows
1.-The Legislatures Of these districts or
new States shall never interfere with the
primary disposaI Of the soilby United
States in Congress assembled. nor with
amy regulations Congress may find nee.
essary Tor securing the title in such soil
to bona fde purchasers.'J This provil
sion has been Incorporated, as an article
of compact, in the subsequent acts nn-
der which the new States have taken
their place in the Union. |, is the .'pri-
mary disposal Of the soil,'' without any
inciden. Of sovereignty, which is here se-
cured.
Regarding the United States. then, as
simple proprietoTs Of these lands, under
the jurisdiction of the States, to the bur-
lor. rf ntho. IL