The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-25
CON CIR L SSI0N AL.
SPEECH OF HON. p. s. BROOKS,

~
Mr., BROOKS said Mr. Chairman the disposal made
yesterday OF the bill to aid in the construction of railroad
10 the Pacific had reference to the final action of the House
and not intended check discussion but to give time
70 the friends of the road to increase their numbers and
disseminate general information the subject 1t
Is apparent TO the sowest observer that in no place
he country less attention given to speeches
or have they less influence and effect than here and If the
House viii bear with in the delivery of my remarks
promise not again 10 trepass upon lis time during the
niainder OF this session
If the paternity Of bill could recommend it to my dg-
ent strongly it does my feelings fear that my
regard for my friend from California who introduced it.
together with sympathy WITH and interest in behalf Of
his State, would commit to vote which my under
standing cannot approve my interpretation Of the
powers of the constitution justify The affections of my
heart have been kindlcd into glowing. warmth towards
that distant State whose entire delegation in either branch
OF this Congress have recently passed through the crucibe
of constitutional trial. and proved themselves to beike
est of our sister States in closer and mer embrace
will cast my vote for any measure which will effect it,
provided am not required to compromise between my
conscience and the constitution
have read the bill for railroad and telegraphic
municaton to the Pacific with care and reread it with
greater care and it is with sincere regret that am
strained to oppose its passage We asked to donate
alternate sections of the public lands (which
part OF the treasure of all the States than the
money in the vaults of the treasury either side Of
line yet TO be determined to joint stock company yet
TO be created for the purpose of aiding in the construction
Of railroad and teegraphc communication from the city
Of San Francisco to some point yet to be located the
Mississippi river anywhere between the thirty-seventh
parallel of north latitude and the boundary line Of Mex
leo, We are asked to extend the section donated to
distance of fifteen miles either side of the road from
the Mississippi river to the hundred and sixth degree
OF longitude west of Greenwich Ia point in the Rocky
mountains from thence to the eastern boundary of the
State OF California that alternate sections shall be donated
on either side to distance of twenty five miles and from
that point through the State of California the western
terminus the companys right to land shall reach again
fifteen miles either side of the proposed road Priy
eges to EARTH gravel stone and timber to be used in its
construction extended to any of the adjacent lands Of
the United States A maximum bonus of six hundred
dollars per mile per is proposed for the of the
road and eegraphc line by the United States for postal
military, naval and other purposes and the
control management and profits of the road together with
It's easements privileges and rights guaranteed to the
tracing company for quarter of century The road
and its furniture is then to revert to the general govern
ent and such sections OF it as lie within the limits Of
State shall vest in and become the property of the State
or States within which the is located subject to the
use OF the United States for postal military and all other
government service and subject also to such regulations
as Congress may impose restricting the charge for trans
portaon thereon And all other States organized there
after upon the line of said road shall acquire the same
rights subject to the like provisions and restrictions
will say nothing of the dangerous mpolicy of making
donations to- contracting WITH any road which has not
been even located and which, under the present BILL may
be indefinitely stretched in angular lines from one region
OF fertile lands TO another for assume that the most d
rect practicable route would be adopted But approach
the question directly and propose to discuss il would
deliberately upon private project of my own of
porae company which i in part, was called TO repre-
sent
The first consideration would be- the plenitude of my
authority TO contract
The second the poprey and expedency Of the contract
Then its specific terms and conditions
CONSTITUTIONAL AUTHORITY
The power of Congress to dispose Of the public domain h
both conferred and limited in the third section fourth
article Of the constitution, which reads follows:
"The Congress shall power to dispose Of and make
all needful rules and regulations respecting the territory or
other property belonging to the United States moth
ing in this constitution shall be construed prejudice
NJ
Ny Interpretation Of this section is that Congress has no
power to dispose Of the public lands in any way that will
not inure TO the benefit of all the States coepey In as
equal ratio possible and this general benefit 90 re-
sulhng from each particular legislative enactment is what
understand to have been meant BY the trainers Of the
constitution as the general welfare
Without this limitation Of power and the condition that
the disposal by Congress OF the common territory and
oher property of the United States shall not be so
srued as TO prejudice any claims OF the United States or
Of any particular StRten the door for local internal inn
proyement the widest and most eKtravagant thrown
wide open, and almost resisess temptations offered 10
coalition Of large States to enter IT, to the exhaustion OF all
the pecunary Of the government and TO the on
preston Of the smaller States Unlimited acquisitions of
more territory whether by conquest or purchase would
find jealous advocates in the very who would pros,
10 be restrained by constitutional scruplcs 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 s corrobontod by tho language OF every deed
Of cesson of lands by the States to the general govern
ment Virginia ceded her public lands in 1884 under the
conditions which appear in the following from her
act Of cession
That all the land within the Territory, a. cedcd 10 the
United States and not reserved for appropriated any
Of The before ementoned purposes disposed Of in boupes
to the officers and soldiers Of the american army
coastderod find for NE and bccffof such
h United Stass hdrc become shall aspbcy
h confederation or federal alliance Of sod States Virginia
ince according % heG roecre and nsrai proportion
~ ne general charge Gad expenditure and sou Ce Jdi1J
aud bona fde diPosed Of or ha purpose and 5r no ocr
sse Pnrpose rhoisocrer.'
In the year Massachusetts, relnaushed her lands
to be dposcd Of for the benefit Of the United
States
ted States for the common and benefit Of said States
Connecticut inclusive
In 1884, South Carolina made 9" liberal cesson 20 The
United States Of her claims oland for the common bene
4 it Of the Union
In 1900 North Carolina ccicd her vacant lands in the
i following words;
THAT all the lands intended be coded BY virtue Of hi.
act the United States Of America not
as before mentioned shall be considered as common fund
for the and benefit Of the United States Of America
North Carolina inclusive according their
usual proportion in the general charge and expenditure and
shall be faithfully disposed of for that purpose and
other whatsoever"
Georgia ceded her lands in 1902 for the same purposes
and almost in identical language
II is said that the words prejudice any claim (scc 3
of the consttution have exclusive reference
tracts relative their lands which made by some of
the older States before the adoption Of the constitution
cannot think and II II this construction
correct that the restrictions in the different deeds Of ces-
sion afor the benefit common fund general
charge and expenditure idle aud silly If the con-
tract made by State relative TO its lands prior to
the adoption of the federal constitution then perfect il
required support from future legislation and acquired
from any restriction in deed Of cesson IT. on the