Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-05-27

ton must prevail in the disposition OF these lands We
must exercise our powers under the obligations Of good
faith trustee, must consider ourselves in the
disposition Of the public lands bound by the same rules
absolute in reference to his own property
free to do with It as ne may think proper, give them
away for general purposes Of charity use them for
discriminating preferences To show that the public
treasury has been used as to give to Delaware
more than North Carolina proves nothing That may DO
rght under fair power, it would prove too much.
have no further interest in this matter than simply to
say that think the whole Of these precedents have been
run INTO abuse There are others which have been quot
ed but think they liable to the same objections
which have already made. / might very well quote
somewhat amusing law illustrate my opinions on
number OF the cages which the honorable Senator from
North Carolina has quoted gentleman of high posi-
ton had become somewhat offensive from his aristocratc
bearing. lie WAS man of wealth. who had very little
sympathy with the community, and the community had
very little sympathy with him. Upon all occasions when
ever this gentleman brought before the Jury box
they took the liberty of taking pretty satisfaction ont
of his estate in the form Of verdict by way of crafty
tolerabe that he would not submit to these extortions
He said he could stand it longer. carpenter pre-
sented claim against him for twenty dollars He said
to lawyer ~ will give you fifty dollars if you will 60
down to the magistrate and defend against this mon
strous charge. Here is who has charged me for
things he never did and if pay his account now shall
to pay all others Of similar character that may be
brought against Twill give you fifty dollars If YOU
will 60 down to the magistrates and defend me-, The
lawyer said, 81 never 60 before magistrate in such q
suit but it is obvious that the decree be in your
finally induced the lawyer to write something argu
men to the magistrate to induce him to give judg-
men against him. To the lawyers dsappoine ment how
coming home shortly afterwards the gentleman said
to him. SWELL sir, the magistrate has given Judgment
against me-. The lawyer provoked that he went
to the magistrate the report goes said to
him. |" How did you give Judgment upon this tem?'
Why" said the magistrate, SCI had law for that"
"Well that is some excuse but how did you give judg-
ment for this itemsp "Why," said he, II had equity
for that reckon" Then there was third item which
tv in all hnfr ob xssolx
Matched up The lawyer said to him, How, in the name
Of God, could you give judgment upon this :" Wen,"
SAID ne, "as / was in for it. went by main force"
Laughter think, Mr. President, this way Of constru-
ing the Constitution in the disposition Of public lands
is after oil said going by main force of construction
In many instances the suggestions and counsels Of pr
IN the disposal Of the public lands The old
system of selling public lands with view of their
speedy settlement and improvement by responsible cit
aens seeIhs to be giving way system Of boupul do
nations Of contributing schemes Of private
enterprise or internal improvements
1t is not my purpose within the sphere of the remarks
which now propose to make to advert to and examine
the character of these different schemes Perhaps may
have occasion to do at another time More correct
an error which seems to be generally prevailing than for
any thing else will advert to set grow-
ing fast into general system for the disposal partially
Of the public lands alude to what has been generally
called the alternate section SYSTEM connected with
tain canals and railroads In its origin had great plau-
slbty, and, if confined to the bounds which first
proposed it might well have been regarded as fair ex-
ercse Of by Congress managing the interests Of
proprietor In its inception this plan had the sanction
Of Mr. Calhouns high authority. The disposal of the
lands to be made in his view consideration that
might well have influenced the judgment of just and
prudent propretor that is to let the road have alternate
sections on condition stipulated that the Government
would be Unidentified for the reserved sections by an en-
hancement of price, and also the assumption that the
lands thus situated would be readily brought into
market 10 use the lands BY way Of direct appropria-
tons for system of internal improvements repudia
ted by oil sides but under the temptations of interest
and the professions of patriotism the system has enlag
ed is enlargng and cannot much longer be controlled by
constitutional restraints To make bountful donations
and liberal appropriations Of the public lands under Con-
gressona discretion be the order of the day
TO such system ms this Mr.. Calhoun
pu az, --iing mis- general opinions pressed
in relation to the distribution of the public lands ia
one 70 winch ne would have been reooncilaby opposed
had been indicated by h,self and which n han
been presented by the orga bills on this subject
dsregsrdsd 70, fear Of beng misunderstood, he eI.
opinion On the bill to give lads I'd the CHICAGO and
Cairo road in Illinois, he thus exposed himself on tht
occasion In Houstons debates pae $685. the following
remarks will be found:
I" But, while approve of this princp = sssm. ) 49,
upon hasty examination of the BILL thatS roes hsvnJ h
principles and to that extent cannot approe If Gr @
not upon the ground of internal Improvement M nr .h
power Of the Government to engage in such observe
that the bill provides that the State may loca th Ia
elsewhere in where lands adjacent to the NJ h
proposed road have been heretofore sold otherwise
o. NOW, 1t appears to that this is going beyd
power of proprietor. think that tho principle had
be adhered to strictly do not think six miles too &,
breadth but it appears to to be ample to be voyS;r
contribution on the part of the United States"
Under the views thus expressed and believing that tn
restrictions Of the principle involved being disre
garded Mr. Calhoun voted against the bill and that vote
will stand the abiding evidence of his judgment against
oil Of the constructions which may be attempted to
plain it away. i
Upon the passage Of the bill the vote stood follows
YEAs-Messrs Allen Atchison, Badger, Bell, Benton,
Borland, Breese, Bright Glass; Clarke Clayton Crtenden,
Davis of Mississippi Douglas Felch Foot Green, HaLnegan,
Houston johnson of Louisiana, Mangum Spruance Under
wood, and Wsstcott-24.
"NAYsMessrs. Atherton, Bagby Butler Calhoun, Hale,
Johnson Of Georgia, Lewis, Niles, Sturgeon Tuney, aad
Yulee-II."
Mr. President in the history Of Federal legislation the
qualified the President has been rarely nterposed
think there have been many occasions where it might
have been resorted with propriety and there have
been some where it could have been used with effect
fear that time has passed The legislative department of
that threatens in the speed progressive and
sustained by ascertained majority involving pecuniary
disbursements and promising immediate benefits by lib
eral appropriations carry with them all the elements
Of successful fufment and any attempt oppose them
by the Executive will be thankless Office II the Rep
constituency, with similar interests there would be
little temptation to unconstitutional legislation.
But where members Of Congress represent not only diff
against abuse Insuch cases. where measures have par