Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-06-21
SPEECH OF HON. II. N. SHAW,
or Nokrn .cARoIISA.

H
The House as in Coinniittee of the Whole ON the
state of the Union, having under consideration
the Pacific railroad bill, Mr.. Bocock in the chair
- Mr.. SHAW said:
Nj. (,nAfRNAs /. i regret that find Il necessary
to occupy in the discussion of one subject any ppr-
ton of the time which has been set a part by spe-
cia order for the consideration of another and my
regret is the greater because my friend from Calfor
MIA mr.. McDougalll with great berality consented
than to the postponetient of his bill, IN
order that we might go on with one that has occu-
pied much ofthc time and attention of this body
but have desired for some time to address the COM
lnittee upon the subject Of the public lands; feel
constrained to avail myself of this, the first oppor-
tunity that has been afforded And yet. after
the able argument made by my friend from ONO
fMr. Disney L approach that subject with SO mucn
difidence that should have contented myself WIN
giving silent vote upon the bill offered by the
gentleman from New York, but for the speech MADE
by my colleague Mr.. Rogers,1 who regret Is not
now in his seat As that speech Is to nave wac
circulation in North Carolina, cannot consent that
it shall go forth from this Hall without an effort on
my part to show, as think SHALL that 1t abounos
in erroneous statements, untennablc assumptions
and fallacious reasoning. u
There is much, however, of what my coHeaSue
has said and we'll said-ndeed may say all nc mas
said--in regard to the common and equal riSnt OF
all the States in the public demain, IN "hich luiy
concur
nm claim in favor of the States to all OF the
public lands within their limits; but It met Win ie
tie favor even in those States themselves anu pre-
sumo there is no upon this moor VINO VIII con-
troyer the proposition that the public domain OF this
country is the common property OF all the States,
and ought to be disposed OF tor the common oe"ei!1
of all. The nature of our government inc conul-
tons upon which the several States are uiteu W
eether the terms upon which the seven old States
cedcd their lands the general government ana the
manner in which the balance of public domain has
been acquired are altogether sufficient TO render
any argument to prove the correctness OF tS propo
sition quite super1uous ~
Sir in a constitutional government like ours, where
the only hope of lasting union depends upon
strict adherence to the letter and spirit OF tha sacrcu
compact by which the several States are uhi.eo TO-
gether as so many confederated republics the federal
legislature should carefully abstain from the exercise
of an unwarranted or even doubtful power, esPe-
ciay when the public safety or the puonc interest
do not call for it. as in mere quesuoh OF Policy III
regard to the management of the public lands The
master spirits who originated the policy OF dstrou-
tion devoted no little pains in their efforts to prove
the constitutionnlity Of that system How mas my |
colleague disposed of this important question! SNIP
~ by quoting the I'd clause of the Sd section OF the
4th article of the Constitution and reading para
graph from speech made by my friend from South
Carolina, Mr. Orr made as L apprehend In sup
port of what believe all parties concede, the power
of Congress make grants of alternate sections OF
the public lands aid in the construction OF rail-
roads by which the reserved sections would be en-
HANGED in value and such as could not otherwise be
disposed of rendered saleable.
when the great leader of the wing party, Mr.
Clay undertook to defend the constutionalty of dis
he accustomed to exert all the ener-
gies of his mighty intellect in arguments deouced
from the Constitution and drawn from the deeds CT
cession. My colleague makes short work of it; he
reads clause from that instrument, quotes the gen
tleman from South Carolina, and comPlacently re-
poses from his labor. And what is there IN the
clause of the Constitution upon which the friends OF
this system depend which authorizes Congress to
make any such disposition of the public landss
Congress 81 Ill have power to dispose cf and
make all needful rules and regulations respecting the
crrtory other property belonging to the United
States"
Now, I apprehend that, if this clause proves any
hing to the point it proves too much and therefore
roves nothing; for it will be observed that the same
power is given to Congress the " Other proper
" that is given the public lands; and de-
ire to ask my colleague if he believes that Congress
las the power to distribute among the States the
ur navy, and all the other property in the posses
ion of the government? Why, sir, this construc- /
ion would involve the power to impose taxes upon
nc people for the purpose of purchasing lands to :
istribute among the people again; and equally the
over to take money out of the treasury to distri
ute in the same way / sure he will contend
,r such monstrous doctrine. Give to the consti-
1tion such construction and you establish for Con-
ress the power to do all have said-to dispose of
nd divide among the States all the property belong
lg to the confederacy, even this Capitol in whch :
e are now celebrating; power to which there
ould be no limit, except wild and boundless dis
reIOn OF congress NO, SIT, our COnSLllutloH Is
certain specified powers, we'll defined. You can =
spose of the public lands and appropriate the !
oncy in the same way you can money drawn from
he people by taxation, for any legitimate object
hich the constitution authorizes Congress to
,mplis, and no As to the authority drawn E
ON the speech of my friend from South Carolina,
am sure the gentleman will tell my colleague that
speech which he made can be cited in sup
,rt of the constitutional power of Congress to dis
ibute the proceeds of the sales of the public lands
to divide the lands themselves, without pervcr- b
on of its meaning and intent. o.
But let come to the expediency of distri- ia
ltion. My colleague says he is in favor of dis tr
bution of the proceeds arising from the sales of
public lands division of the lands themselves tt
nong all the States according to their representa- tt
IN upon this floor. Now, think shall be able to b
ow that, by such policy the greatest injustice la
ould be done to North Carolina in common with tn
the saveholdng States; and further that it would in
ola:e the terms of the deeds of cesson, and the
~ principle which he himself says should govern w
the management of the land fund. 1t would do tr
Justice to North Carolina and the other slavehold-
States, because while the saveholdng States in
uld receive of the land fund in the proportion of be
,r entire population the slavehoding States would tn
be entitled to receive in the proportion of their tic
population, with three-ffths of their slave pop tn
tion added thereto. Nor would the injustice and flu
equality stop there. My friend tells us, in his
'ech that the saveholdng States contributed two tu
rds OF the revenue by which the immence public of
main we have acquired has been purchased; and su
+ IN tire distribution, he would give to those m;
vehoding States which, according to the calcula- s
y have only paid onethird of the cost of these sp
DIS, much larger share than he would give 10
roll and H. y. I.-Il e.