Washington sentinel., 1854-06-23
Washingtnn gsntinsI,
PACIFIC RAILROAD.
SPEECH OF HON. p. 5. BROOKS,
OF soUru CAROLINA,

OF SOUTH CAROLINA,
In the House of Representatives., June IA, 1854.
Mr.. BROOKS said Z: MIR. Chairman The dispo-
sal made Yesterday Of The bill 10 aid N The con-
siructicn of railroad 10 the Pacific had refer
ence 10 the final action of the House, and was not
intended 10 check discussion but 10 give time 10
the friends of the road 10 increase their numbers,
and 10 disseminate more general information on
the subject II is apparent 10 The sowest OBJ
server that in no place throughout the country is
less attention given 10 speeches, or have they less
influence and effect than here; and II the House
will hear with me in the delivery OF my remarks,
j promise not again 10 trespass upon its time
during The remainder,of this session.
il the paternity of bill could recommend il 10
my Judgment strongly as il does 10 nv feel.
ings, fear that my regard for my friend from Cali
iornia who introduced il, together with nv sympa-
Thy, with, and interest in. behalf OF his State
would commit me 10 vote which my understand
ing cannon approve or my Interpretation of the
powers OF the Constitution justify. The afiec-'
lions OF my heart have been kindled into glow
ing warmth towards that distant State whose en-
tire delegation in either branch of this Congress
have recently passed through the crucible Of con-
slnuiional trial. and proved themselves TO be-
hke ITS staple commodity-pure gold yearn 10
fold this youngest of our sister States in closer
and hrmer embrace, and will cast my vote for any
measure which will effect il, provided am moi
required 10 compromise between my conscience
and the Constitution.
communication TO The Pacific with care and re-
read with greater care; and tits with sincere re-
grei that am constrained to oppose It's passage
We are asked 10 donate alternate sections of the
publc lands (Which no less part Of the com.
mon treasure of all the States than the money in
the vaults of the treasury either side Of line
YET 10 be determined, TO some Joint stock company
YET 10 be created, for the purpose OF aiding in the
construction OF a railroad and telegraphic commu-
nicaton from the city Of San Francisco 10 some
point, yet 10 be located on the Mississippi river
anywhere between the thirvseventh parallel OF
north latitude and the boundary line Of Mexico
we are asked 10 extend the sections SO donated
10 adsiance of fifteen miles on either side Of the
road, rom the Mississippi river TO the one hun
dred and sixth degree of longitude west of Green
wien, IN point in the Rocky Mountains y from
thence. TO the eastern boundary Of the State of
.aiiofnia, that alternate sections shall be donated
on either side 10 a distance Of TWENTY-FIVE miles ;
anu from that point, through the State of Califor-
ma 10 tne western terminus, the company's right
10 land shall reach again to fifteen miles on either
SIDE OF ihe proposed road. Privileges to earth
gravel sione' and timber, to be used in its con-
strnction, are extended 10 any of the adjacent
lands OF the uni'ed States. maximum bonus
OF SIX hundred dollars per mile per annum Is pro-
posed lot The use of the road and teegraphic line
y!he United States, for postal, military naval,
ana other government purposes and the control
management and profits Of the road together with
It's easements, privileges, and rights guaranteed
totne contracting company for quarter Of cen
Jury. LIE road and IT'S furniture is then to revert
70 'ne general government and such sections OF
II as ne within the limits of State +" shall vest in
anu become the properly of the State or States
Within which the same is located subject 10 the
use OF the United States for postal military and
ai other government service, and subject also to
such regulations as Congress may impose, re.
sfricting the charge for TRANSFORMATION thereon
ana all other States organized thereafter upon
Inc ine OF said road, shall acquire the same rights
subject 10 the like provisions ard restrictions.
VIII say nothing Of the dangerous impolicy of
Hahng donations 10, or contracting with, any road
Whch mas NOT been even located, aud which, under
ihe present bill, may be indefinitely stretched in
angular lines from one region of fertile lands 10
aho,her; Tor assume that the most direct pract
cable route would be adopted But approach
the question directly, and propose 20 discuss il
as would deliberately upon private project OF
my own, or OF corporate company which l. in
part was called on to represent.
The first consideration would be- the plentude
o my authority 10 contract.
Inc second, the proprety and expediency Of
the contract Then its specific terms and condi-
tons.
CONSTITUTIONAL AUTHORITY
The power OF Congress to dispose of the public
domain Is both conferred and limited in the third
sec,ion OF the fourth article OF the Constitution,
which reads as follows :.
The Congress shall have power to dispose Of and make
an heeou rules and regulations respecting, the territory
nothing in this Constitution shall be so - 70
preudies claims of the United States or Of any par
tcnar State" = -
My Interpretation OF this section is that Con-
gress has no power 10 dispose Of the public lands
III any way that will inure 10 the benefit of all
Inc STATES eoaecticey, in equal ratio as posi-.
Die and this general benefit SO resulting from each
particular legislative enactment, is what under
stand 10 have been meant by the trainers Of the
Constitution as the general welfare
without this limitation OF power and the con-
a.son that the disposal by Congress Of the com
mon territory and ''other property Of the United
STATES shall not be construed 'sas 10 prejudice
any claims OF the United States, or of any par-
iicniar State the door for local internal i'm
r:oVemenis, the widest aud most extravagant is
thrown WIDE open, and almost resistless tempta-
lions offered 10 coalition of large States 10 enter
h,to tne exhaustion OF all The pecuniary resources
oi the government. and TO the oppression OF tl,s
smaller States. Unlimited acquisitions of nor
territory, whether by conquest or purchase would
find jealous advocates in the very men who would
p,ofess 10 be restrained by constitutional scrupes
from putting their hands into the federal treasury
for The benefit Of their respective States
This Interpretation of the power Of Congress
over the public lands is corroborated by the Ian
guage OF every deed Of cesson of lands by the
States TO the general government Virginia ceded
her public lands in l7Si, under the conditions
which appear in the following extract from her
act of cesslon:
That all the lands within the territory as ceded to the
United States and not reserved for appropriated TO-
bounes to the officers and soldiers of the army
shda &c consdeea as common fund far benefi
Q such Of the Untd States hare become or shall become
plsnters Of this confederation OF federal alliance Of SAID
bdfes, Vuyiad cnyire according respective and
usual proportions Ac general charge ana, erpendture ana
shat e Faithfully and bona de disposed of for that prose
ana for no other rSe or purpose phatsoecer."
in the same year, Massachusetts relinquisbed
her lands '.to be disposed Of for the common bene.
iii ofthe United States"
in 17SG, Connecticut relnquished her lands to
the United States for the common use and benefit
OF said States, Connecticut inclusive,
In 1857, South Carolina made liberal cession
10 the United States of her claims 10 land) for the
common benefit Of the Union"
In 1900, North Carolina ceded her vacant lands
in the following words:
That ell the lands intended to be ceded by virtue of
ths United States of America not appropr
aed before mentioned shall be considered az com
fund.- for the and benefit of the United states of
America North Carolina inclusive according to their re-
speciye and usual PROPORTION In the general charge and
expenditure and shall be faithfully disposed Of for that
purpose. and for no other use whatsoever"
Georgia ceded her lands ia 1902 for the same
purposes and almost in Identical language
II is said that the words "prejudice any claim