Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-09-14

The bill from the Senate to aid the Territory
of Minnesota in constructing a railroad for
military, postal, and other purposes being under
consideration
Mr.. BAYLY, of Virginia, said: Mr.. Chair
man, 1t was not my purpose to have addressed
the committee upon the three days which have
been set apart for the consideration of Terrific
rial business. 1t is true that / am very anX-
ious to debate the Nebraska bill, but, as un
derstand the order Of the House, we are con-
fined to the consideration of the local business
of existing Territories and therefore, notwith-
standing my anxiety to be heard upon that
question, do not think it quite proper to in
trude myself upon the attention Of the com
mittee under this order; and should not have
opened my lips but for the attacks which were
made yesterday by the gentleman from Ohio
Mr.. CAMPBELL upon the Virginia delegation,
and myself in particular. 1t is a source of re.
greet to me now that am called upon to inter
rupt gentlemen who take more immediate in
terest than do in these Territorial matters to
reply to that speech.
The gentleman charged upon us that, in vo-
ting to cede to the States in which they lie the
swamp and overhowed lands, and in voting to
appropriate land to the soldiers who have
served In our different wars, we have ceded to
the Congress of the United States the full au-
thority to dispose of the public lands in any
manner which their unrestrained discretion
may seem to point out. Now, sir, in respect to
our jurisdiction over the public lands, have
no new opinions to announce | have but to
PROFOUND those which l have always enter.
tanned, and which undertake to say, without
the fear Of contradiction, have always been en-
tertained by the State which have the honor,
In part, to represent. The Constitution, in so
many words, confers upon the Congress of the
United States the authority to dispose of and
make all needful rules and regulations respect
ing the Territorial and other property of the
United States"
| am free to admit that this clause of the
Constitution of the United States gives to Con-
gress the exclusive control of the public lands
and other property Of the United States; but ]
utterly deny that it confers upon it unlimited
control. The public land of the United States,
whether acquired by cession, by purchase, or
by conquest is held by this government in
trust. In case of cession, the trust is defined
in the deed of cession; in the case of purchase
or conquest, the trust results from the character
of the transaction; and in the latter two cases
1t Is no less certain than it is in the first. In
each case whether by grant, where the trust
IS defined by Decd by conquest, or by pur-
chase, where the trust is a resulting one 1t re-
bounds TO the common benefit of the whole
and is to be administered for no other objects
than those specified in the Constitution AL
though, therefore, | admit the power of the
general government to make all needful rules
and regulations in respect to the disposition Of
the public lands, / contend that they are bound
TO do it IN subordination to the trust They
have no right to make disposition of the land
in disregard to that trust. Gentlemen, there
fore, when they come here and show that the
Congress of the United States have the author.
ity to dispose of the public lands, do not ad.
vance an inch in the argument until they have
established it, that in the particular case be-
fore them the lands are proposed to be disposed
Otto accomplish some constitutional object and
to execute the trust which exists in the case.
Now, this being our position, the gentleman
from Ohio Mr.. CAMPBELL) asks how was it
that we voted to cede the swamp lands? How
was it that we voted to give bounties to soldiers
who served in our various wars2 He seems to
think that, in giving away the swamp lands to
the States In which they lie as We have done,
and in giving bounty lands to soldiers, as we
have done, that we conceded to Congress the
power to dispose of these lands without any
other restriction than their own uncontrolled
discretion. / voted to cede to the States in
which they lie the swamp lands. In doing this
it never entered my mind that j was violating
the trust which We have to discharge. What
were the representations made, and truly made,
to us in respect to them2 In the southern part
of Missouri, in Arkansas, in Florida, and in
some of the other States of the Union there
were lands that were utterly useless and unfit
for cultivation in their native state. We hold
these lands as trustees, to dispose of them for
the common benefit Of the whole. Why did we
cede them to the States in which they lie?
In the condition in which nature left them
they were not only valueless, but they were
worse than that they were nuisance. They
were not only of no practical value to the
United States, but they impaired the value Of
other lands in their vicinity belonging to the
United States.
In this condition of affairs the question
which was presented to the trustees was sym.
ply this Will you undertake to make these
lands valuable -? Will you undertake TO drain
10 dyke, and ditch them, TO make them Of some
avail, they being now valueless or will you per
NIT others, more interested, 10 do it for you
To us, as faithful trustee, the only question
presented was, whether it would be better "a
have these lands waste for all coming time, to
make them valuable ourselves by the expen.
uituIS VI Oui ihOhtg, W uIeCb appiOPIldhOH
for their reclamation, or TO cede them TO Others
upon condition that they would do it?
Well, sir, as a practical question, ] neyeI
entertained a doubt upon the subject. IL tbi!
government, with the notorious corruption il
the execution of contracts in all government
undertakings, had undertaken to have dyked
ditched, and reclaimed these lands, not onl,
would much more than the value Of the land
have been squandered upon them, but, in M
opinion, no valuable result, so far as the gov
eminent is concerned, would have ensued
Contractors would have had jobs, but the gov
eminent would not have pro6ted. When w
ceded these lands to the States we ceded then
upon the condition Of their rcclamation-upo
the condition that these States would maxi
them valuable to them which we're valueless u
us and making them valuable TO themselve
also confer benefit upon us. Could we no
do it without any violation Of our trust
Again, the gentleman from Ohio arraign
those Of us who voted for giving lands a
bounty TO the soldiers who have served in th
wars Of TIE country. Now, sir, does anybod
doubt the power Of this government, under th
war power-not under the power to max
n -