Washington sentinel., 1854-05-06
Washingtnn gentinel,
CONSTITUTIONAL POWER OF CONGRESS OVER TILE
PUBLIC LANDS.
SPEECH OF HON. T. H. BAYLY,

OF VIRGINIA,
Ia The House of Representatives, Mdrch 8, 1854,
On the bill from the Senate to aid the Terri
tory of Minnesota in constructing railroad
for military, postal, and other purposes.
Mr.. BAYLY, of Virginia, said:
Mr.. CHAIRMAN: 1t was not my purpose to
have addressed the committee upon the three
days which have been set apart for the consid-
Grafton of territorial business. 1t is true that
am very anxious to debate the Nebraska bill,
but, as l understand the order Of the House,
We. are confined to the consideration Of the
local business of existing Territories; and
therefore, Notwithstanding my anxiety to be
heard upon that question, | do not think il
quite proper to intrude myself upon the atten-
tion OF the committee under this order and ]
should not have opened my lips but for the at
tacks which were made yesterday by the gen.
tleman from Ohio (Mr. CAMPBELL) upon the
Virginia delegation, and myself in particular
1t is source of regret to me now that am
called upon to interrupt gentlemen who take
more immediate interest than / do in these ter
ritorial matters, TO reply to that speech.
The gentleman charged upon us that in vot-
ing to cede to the States in which they lie the
swamp and overfowed lands, and in voting to
appropriate land to the soldiers who have
served in our different wars, that we have ceded
to the Congress of the United States the full
authority to dispose of the public lands in any
manner which their unrestrained discretion
may seem to point out. Now, sir, in respect to
our Jurisdiction over the public lands, I have
no new opinions to announce. have but to
PROFOUND those which have always entertain
ed, and which undertake to say, without the fear
of contradiction, have always been entertained
by the State which have the honor in part to
represent. The Constitution, in so many words,
confers upon the Congress of the United States
the authority ito dispose of and make all need
tui rules and regulations respecting the terri
tory and other property of the United States"
l am free to admit that this clause of the
Constitution of the United States gives to Con
gress the exclusive control of the public land
and other property of the United States but
l utterly deny that it confers upon it the un-
limited control The public land of the United
States, whether acquired by cesson, by pur-
chase, or by conquest is held by this govern
ment in trust. In case of cession, the trust is
defined in the deed of cesson. In the case of
purchase or conquest, the trust results from
the character of the transaction; and in the
latter two cases it is no less certain than it is
IN the hrst. In each case whether by grant,
where the trust is defined by deed, by conquest,
or by purchase where the trust is resulting
one, 1t rebounds to the common benefit Of the
whole, and is to be administered for no other
objects than those specified in the Constitution
Although, therefore, admit the power of the
general government to make all needful rules
and regulations in respect to the disposition ol
the public lands, | contend that they are bound
to do it in subordination to the trust They
have no right to make disposition Of the land
In disregard of that trust. Gentlemen there
fore, when they come here and show that the
(lOnpracc af he TTpital Stotao have +b ~,
thority to dispose of the public lands do not
advance an inch in the argument until they
have established it, that in the particular case
before them the lands are proposed to be dis
posed of to accomplish some constitutional OBJ
ject, and to execute the trust which exists in
the case.
Now this being our position the gentleman
from Ohio Mr.. CAMPBELL asks, how was it
that we voted to cede the swamp lands? How
was it that we voted to give bounties to sol
diers who served in our various wars? He
seems to think, that, in giving away the swamp
lands to the States in which they lie as we have
done, and in giving bounty lands to soldiers as
we have done, that we conceded to Congress the
power to dispose of these lands without any
other restriction than their own uncontrolled
discretion. / voted to cede to the States in
which they lie the swamp lands. In doing this
it never entered my mind that ! was violating
the trust which we have to discharge. What
were the representations made, and truly made
to us in respect to them? In the southern
part of Missouri, in Arkansas, in Florida and
in some of the other States Of the Union
there were lands that were utterly useless and
unfit for cultivation in their native state. We
held those lands as trustees, to dispose of them
for the common benefit of the whole WHY
did we cede them to the States in which they
lie?
In the condition in which nature left them
they were not only valueless, but they were
worse than that-they were nuisance. They
were not only of no practical value to the
United States, but they impaired the value O
other lands in their vicinity belonging to the
United States.
In this condition of affairs the question
which was presented to the trustees was simply
this Will you undertake to make these lands
valuable? VIII you undertake to drain, te
dixie, and ditch them, to make them Of some
avail, they being now valueless, or will you
permit others more interested to do it for you
To us, as faithful trustee, the only question
presented was, whether it would be better to
have these lands waste for all coming time, to
make them valuable ourselves by the expendi-
turs of our money by direct appropriation for
their reclamation, or to cede them to others
upon condition that they would do it.
Well, sir as a practical question, / never
entertained doubt upon the subject. fthis
government with the notorious corruption in
the execution Of contracts in all government
undertakings, had undertaken to have diked,
ditched, and reclaimed these lands, not only
would much more than the value of the lands
have been squandered upon them, but. in my
opinion, no valuable results, as far as the gov.
yernment is concerned, would have ensued
Contractors would have had jobs, but the gov
eminent would not have proited When we
ceded these lands to the States we ceded
them upon the condition Of their reclamation.
upon the condition that these States would
make them valuable to them, which were value.
less to US; and in making them valuable to
themselves also confer benefit upon us.
Could not we do that in bona tide discharge
of our duty as faithful trustee? Could we
not do it without any violation of our trust?
Again, the gentleman from Ohio arraipns
those OF US who voted for giving the lands as
bounty to the soldiers who have served in the
wars OF the country Now, sir, does ANYBODY
doubt the power Of this government. under the
war power--not under the power to make need
ful rules and regulation with respect 10 the dis.
position Of the public lands-does anybodv