The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-14
In CONGRESS- OF THE u. STATES.
SE N ATE.
INDECENT INSANE.

MIR. BROWN. ! do not intend Mr.. President, 10 pro-
tract this discussion is my purpose al all 10 reply
TO the speech Of the senator rom Delaware have,
however, few words 10 say IN reply To the remarks
which my colleague made this morning, and he will
understand certainly in spirit of controversy but
we differ about this measure, wish that my views may
20 upon the record with his own. | shall not repeat
what said the other day when gave my views upon
the bill
90 moi understand my colleague calling in question
the power OF the to make such grants Of the
public land have been made heretofore Tor school
poses Tor internal improvement purposes and for the
rous objects which Congress has appropriated public
lands He not understood by me calling in question
the power OF the government TO appropriate land, as
has been appropriated in own State, for example, Tor
public buildings the power 10 appropriate land not
only endow colleges but TO establish schools
He has questioned the power OF the government 10
make grant OF more than million OF acres OF land
for internal Improvement purposes TO erect eyees on the
banks OF The Mississippi and various other streams In
own State, and in other new States which have had
the same sort OF grants. My colleague al this very
son has introduced one or two bills making grants of al
ternate sections of land for railroad purposes In doing
this, had supposed that the whole question OF power
know that my colleague and myself agree upon one
thng-lhat this government, has power to make ap-
preparations from the national treasury Tor works OF in.
terna Improvement. He will not pretend to insist that
Congress may sell the alternate sections Of land which he
himself proposes 10 grant, and then vote back from The
treasury Of the United States the precise sum which
would receive from the sale OF these lands for the puT
rose OF aiding the construction OF these roads My
colleague will not pretend that Congress has power TO sell
the millions OF OF swamp lands winch nave been
granted TO Stats a, cent an acre, and
then appropriate that money back from the treasury TO
erect evee the bank OF the Mississippi river, OF any
other stream He, therefore, like myself, draws clear
distinction between the power which the federal govern
ment exercises the public lands and the power
which il exercises over money IN the treasury My col
league will not pretend Tor momeat--for know be is
democrat, and strict construconst-that Congress
has power 10 sell township OF land in our own State,
and then take the money for which has cold that town
ship, and Appropriate il IRON The national treasury Tor the
grants the form OF land have. not only received our
sancon but have received The approval OF our votes
upon The ground that the federal government administers
the public lands upon principle and the money IN The
treasury upon another prlncpe; that you hold your pow
Grover the lands by tenure very different and more am
pls ,6an that by which you hold your power over the
treasury pf The nation.
Now, do not understand my colleague as having OBJ
ected the exercise of these powers heretofoe but he
draws the distinction which | have drawn. He says
however that heretofore the grants have been made TO
States within which the lands lie that land has been
given 10 Mississippi for example, TO Alabama, LOUISIANA
and other States, but has always been taken from the
public domain lying within he limits Of those States
cannot conceive thai this affects the question OF power
The ahd either belongs 10 the States, II belongs
all The States Ii IL belongs To the States 10 the
States within which it lies, then have no business 10
here TO Congress and ask you, Mr.. President, and
your associates here, 10 dole out 10 II il is our land
il il belongs 10 the land States why should ask Con-
Rrsss to give usl Why authority
II. take into possession and administer !, 10 our own
way III il be, as suppose IL 10, the property OF all the
States, the Old States AS well as The new, then know
by what sort OF reasoning my honorable colleague
and oner gentlemen will justify themselves in voting to
give land 10 the States, aud refusing to give It TO the
old States may say, sir that II Virginia and Massa-
chusets and other old States have interest these
lands like The land States themselves the authority
which authorizes ou to give land TO the new, author
zes you give TO the old Slaes and The same au
ihory whch authorizes 10 give land ior school pnf
poses endow school, will authorize you TO give II
10 endow an insane asylum want to The asute
gentleman from Delaware, who has exercised his inge
nuiy this subject, draw the distinction between en-
fn. In
children.
Nr BAYARD / will state the difference TO the gem
leman moment without arguing II. csnno, give
the under which Congress acted when they adopt
ed the acts which he eiets but can state The reason
why suppose, from the circumstances, they did act
know the Thai the general land system authorizes
the reseIvaon OF every sixteenth section in township
for school purposes know the iact that the swamp
lands they called, have been granted The States
in which they lie. suppose that upon the primer
pie which stated by The honorable senator from Lou
isisns, of the right OF the government andboder
When Congress were devisng general system Tor the
disposition OF the pubic lands they organized land sys
TEN on the basis OF securing every sixteenth section for
school purposes, so that would be an indueemeni 10
settlers to go on the lands and purchase them.
So in regard 10 the swamp lands They supposed them
have been impraccable and useless to any benefit
to the general governments and, they bad author
~ 10 enter INTO improvements them, IN order to dram
them Tor The purposes OF SALE they gave them 10 The
States in which they e under the idea that il they were
drained by those States, the draining would tend to inn
prove the residue OF The lands within the limits OF those
States. This IL what suppose TO be the basis which
the distinction is drawn between making az application
OF the public lands the States at large and the States
in which they lie IL part OF The general system
ducve to the sale OF the lands but that would not aP-
ply 10 the present bill
Mr.. BROWN. understand the geniemans argument
perfectly but he has failed 10 draw the distinction be-
tween the argument which lustihes the exercise Of a
power and the existence OF the power itself When you
give away the swamp lands for the purposes indicated
by The from Delaware and when you give alter
nate sections of land TO aid IN the construction OF rail-
road give because the grant enhances the value Of
the remaining lands That Is the which 10 such
you 10 action. II s the argument by which
you undertake 10 justify the giving away OF the public
lands but il certainly does confer the power you
10 give them away. The existence Of the power mus be
there IN the beginning and then you resort 10 this argu
ment TO Justify you the exercise oil the existing power
Sir you have power 10 give 10 The State OF mssis
spp alternate sections OF land Tor rsiroad purposes,
you the power simply because, by granting alter
nate sections YOU enhance the value Of the adjoining
sections II there is that in the constitution which for
bids The giving Of the land, bow you get the power
simply because By ts exercise may make the adIon
ing sections worth twice much they were before
THIS may be very good argument and very good rea
why You should exercise the power II exists bat II
cannot be the basis OF a constitutional right,
Now, At you have power under the constitution 10
give land tor school purposes m township csn you as
une and the power simply because by giving II
,ou may induce settlement lherel The fact that the
grant will induce settlements may furnish very good
why you should exercise The power II EXISTS
but that fact cannot the power II there is an absence
OF II in the constitution. II you have power 10 grant
lands for school purposes, for internal improvement pnr
poses, in order erect public buildings. 10 give bounes
10 soldiers and for the thousand and other purposes
for which you have used them II is clear 10 my mind