Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-03-17
CONSTITUTIONAL POWER OF CONGRESS OVER THE
PUBLIC LANDS.
SPEECH OF r. H. BAYLY, ESQ, OF VIRGINIA.

| In the House of Representatives., March 8, 1854,
On the bill from the Senate aid Territory Of Mime
sofa IN constructing rail road for military postal, ans
MIR. BAYLY of Virginia said-s1r CHArRMAs: 1t wa.
no my purpose 10 have addressed the committee upon tt
hree Gays which have been apart for the consideration
OF territorial business Ii is true that am very anxious tr
dcoaic lie Nebraska BILL but understand the order
inc House. we are confined to the consideration OF the 'ca
ouaness oil existing territories and therefore, nowilhsta
nI my anxiety 10 be heard upon that question, do m
thick II quite proper ntrudc myself upon the attention
lhe committee under this orders and should not have open
cd my lips but for the attacks which made ycse!da,
by tho gentleman from Oniu Mr.. CAMrBELL upon the Vr
gnia Delegation and myself in particular II is source
regret 10 me now, that am called upon 10 Interrupt gentle
men VINO take lmmed &c interest than do In these
territorial matters, 10 reply to that speech.
The gentleman charged upon u.s. that in voting TO cede 10
The Suites 10 which They lilo the swamp and overowcd
lands and in voting appropriate land TO the soldiers who
have served In our different vars we have ceded TO The
Congress of the United States lie full authority TO dispose
OF the public lands any which their uneslralned
discretion may sren 10 point out Now sir in respect 10
our jurisdiction the public lands have no new opn.
ions 10 announce. have but to PROFOUND those which
have always entertained, and which | undertake 10 cay
without the onr Of contradiction have always been enter
ancd by the State which have the honor In part TO repre-
sent The Constitution, in many words contes upon
me Congress OF the United States the authority 10 spcse
of and make all needu rules and regulations respecting The
territory and other property Of the United States"
am free to admit that this clause Of the Constitution OF
the United States gives Congress the exclusive control Of
The public land and other property of the United Staes-
But utterly deny That it con!crs upon it the unlimited con-
qued by cesson by purchase or by conquest is held by
this Government in trust In case OF cesson the trust s
defined In the deed OF ccsson In the Of purchase or
conquest the trust results from The character of the ransnc
lion; end in the latter il is ess certain than il
is in The first. In each case whether by grant, where the
trust defined by deed by conquest or by purchase where
the trust resulting rebounds 10 The common bCEe
fit Of the whole and is be administered for other OBJ
jects than those epecif"d in the Constitution Although
therefore, admit the power Of the General Government
make all needu rules and regutons in respect to tho dis
position OF the public lands cGncud that they are bound
TO do 1t In subOrduaton the trust. They have no right
10 make disposition OF the land In disregard oil That trust
Gentlemen therefore when they come here and show that
the Congress of the United States have The authority 10 dis
pose Of The public lands do advance inch in The ar
gument until they have established H. that in the particular
before them Tho lands proposed 10 be disposed Of to
accomplish constitutional object and 10 execute hc
trust which exists 10 The
Now, this being our position the gentleman from ONO
Mr. CAMPBELL asks how was that we voted to cede the
swamp ants?-h0w II that voted 10 give oounues TO
soldiers who served various wars He seems 10 think
that 10 giving away the swamp lands TO the States In which
they lie have DONE and In giving bounty lands 10 so
ders we have done that We conceded 10 Congress Inc
power 10 dispose Of these lands without any other esrc
tion than their uncontrolled discretion. voted 10 ce1c
tho States in which they lie the swamp lands In doing
this it entered my mind that was violating The trust
which have discharge What were The representa-
tions made and truly made in respect 10 he1 In the
souhern part OF ssour in Arkansas, In Elodai and IN
OF the other States of the Unon there were llnos at
utterly useless and uB for cultivation In their naive
We held those lands as trustees 10 dispose OF 'nem
for the common benefit of the whole. Why did We ccoe
them TO the States In which they lie!
In The condition in which nature left them hcy were not
only vaueess but they than that they were
nuisance They not only Of no praccui value 10 me
United States bet they impaired the value OF other anas IN
their vicinity belonging TO the United States
In this condition of aiias the question which was pre-
senei TO The trustees was simply ths w" you unocl'ase
TO make these lands vauable2 Will you undertake TO drain
dyke and ditch them TO make n sI OF s
cstcl TO do it for your us as faithful trustee The ouy
question presented whether would be better TO hav
these lands waste for all coming me 10 make them valua'
ktt nj
propraton for their reclamation to cedc them 10 others
upon condition that they would do III
doubt upon The subject Ii this Government, with the no.
orous corruption in the execution OF contracts in all Co.
dtched and reclaimed these lands not only woui much
than the value Of the lands have been squandeed uPor
them, but in my opinion valuable result as far ns h'
Government is concerned, would have ensued ConUaclo
would have had Jobs but the Government would not have
poted When cedcd these lands 10 the States we cedef
them upon the condition OF their recanation-upon tht
condition these States would make them valuable Il
tnem which valueess and in making them val
liable themselves also confer benefit upon u.s. Coult
do that in bona dc discharge OF our duty as tain
u tusce} Could we not dol without any Tioaon Of ou
trusl2
Again the gentleman from Ohio auaigns those Of who
voted for giving lands for bounty the soldiers who have
served Of the country Now air. does anybody
doubt power Of this Government under the war power
under the power 10 make needtu rules nnd
with respect the disposition OF the public ands-does any
body doubt the power OF Congress- under the war power
to make appropriations Of the public lands, or even
money, reward the gallant soldiers who have ousht &c
defend our country and add 10 Its territory Why Sir
YOU gave pensions from the Treasury reward tor service
already performed and you gave bountes to Induce soldiers
10 enlist in your Army for future service May you mos
hen under power do what is Infinitely more eflsc
tive than giving bounty 10 encourage enlstmentsi May
you reward where there has no bounty been given In
May you reward faithful public servants
By giving them either land money and thus encourage
aod stimulate future service In this mode oil giving oou
ties nfe the service has been performed and when u la:
been ascer,aned be matorious do you not with nhnc
10 patriotism
son9 encourage enlistment by the hope OF this suoscqucn
born:y than you would by offering 1t in advance7
never in any that gave 10 grant bounty
aIdso soldiers who had served any OF our wars acoa or
the that the lands given under the clause auihOIZ
ing Congress make all needu rules and regulations In re-
spect public domlin always wen: upon the grounc
II right and proper TO reward the faithful puoc ser
vices of our military under the war power, and nave
ALWAYS thought that the most appropriate way 10 "hcf
that could be done would be by giving them lands rahe
than money. TO say nothing about other considerations
would benefit them rlorc, aud incommode US less ,u
NJ. CAMPBELL. Ii the honorable gentleman WIN a..
low me, should like TO PROFOUND question 10 MN a' 's
time.
Mr.. BAYLY. Unquesrionably | will allow the gentle
Mr.. CAMPBELL. wish 10 ask the gentleman whether
under that power, we cannot donate ~
the public lands for the purpose OF constuea ta
with view 10 the transportation OF troops ana le iun
tions Of war; ,
Mr. BAYLY. shall come 10 that point directly. !
have thus far only deended The votes ha nave s1n ha m
common with the Virginia delegation il'st 10 cedc 10 t
States in which thoy are, the swamp lanas, "lcn1 w M
language the grant; unfit Tor cultivation In at we
were guilty think OF no violation OF the trust win whcr
we are charged aud secondy our vote to give lands e
soldcrs who have served in different wars lhat Toe
repeat was not given oil under The power conferred or
Congress 10 make all need(u rules and regulations win re-
specl TO the public territory. 1t was given unde Inc wa
power and given In that mode only because we ihough'
q letter one than by granting pensions.
The whole question In this matter Is one OF lruE anu
fdy. As have already said nobody disputes me po"s
Of the General Government dispose OF and make all need
full rules and regulations with respect TO the puoc anus
but il must be done 10 good ailn You must NOT, ia 40
mlnstering this trust, 'ook way and 70"
may be excused for using common expression gu or
not under the euise of making regulations or the
ment of your property aim other and different oolcc
do not dispute the right OF This Government 10 osP2ss
s lands if 1t is done in pursuance OF the lfus' "n'en
limited by The Constitution
The Constitution is one of specific and Limited power
ry. defined Ii seems re in this respect almost acae
bic of msconstrucion. You may appropriate your al
just as you may your money for auy Legitimate object w'
the power of Congress Our discretion in ms matter Is
m!;et BY the char of the trust; and mat is teo
The character of the Constitution. ou may uspos
of ,hcso lands as you may dispose OF your niooe
fer constitutional otjecs. and for conailtulona' Go o"
Iccs alone Why, sir, the clause authorizing IL, III
Congress of the United States to borrow money is Jus
as clear is inst as broad as The power Of the Constitute
to dispose Of the land yet will anybody here tell me se
Gun borrssmoney be used for any other purposes MA