Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-07-06
spEECuu OF HON. P. S. BROOKS
on THE PUBLIC LANDS

road to increase their numbers and 10 disscml-
uate more general information on the subject.
1t is apparent to the sowest observer, that in
no place throughout the country is less aiicn-
ton given to speeches, or have they less lnllu-
cncc and effect, than here and if the House
will bear with me in the delivery of my remarks,
promise not again to trc>pass upon It's time
during the remainder of this session.
If the paternity of bill could recommend it
TO my Judgment rs strongly as it does 10 my
feelings, fear that my regard for my friend
from California who introduced it, together with
nv sympathy with. and interest i'll behalf OF his
State, would commit Inc to 4 vote which my
understanding cannot approve, or my ln'crpre-
talion 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 crucblc of constitutional trial. and proved
themselves TO be-lke It's staple commodity
purc nold. yearn to fold this youngest of our
sister States in Il closer and iirmcr embrace, and
will cast INV vote for any measure which will
effect it. provided am not required to compro-
mise between my conscience and the Consiliu-
ton.
have read the bill fora railroad and telc-
,t.,rl,i. communication to the Pacific with care.
anI rr. rc,d il with greater care : and it is with
si,rrrr rcurct that am constrained to oppose
lie n,ss:rc. We arc asked TO donate alternate
sections of tue public lands (Which are no less
u,rt of the common treasure "f all the States
ihan the money in the vaults of the TREASURY
ON either side of line yet TO be determined, 10
some Joint stock company yet to be Created Tor
,,,c nrrposc of aiding in the CONSTRUCTION OF Il
r,iiro,d and lclcgraphic communication from
III, CITY of San Francisco to some point, yet 10
.bc Located, on the Mississippi river, anywhere
L,tvrrn the thirty-scventh parallel OF north lati-
,,,Jo aud iIe boundary line of Mexico. We are
,.Led 70 extend the sections so donated to a
as,,r.. of fifteen miles on either side of the
ro,d from the Mississippi river TO The one hun.
d.aa and sixth decree of longitude west of
C.r,a7,,y;cb n pont in the Rocky Mountains }
rrt,,, ,hcpcc 10 the eastern boundary OF The State
,r C,,;corn;, flat alternate sections shalt he
Jo,,t,d nm either. side to 4 distance OF twenty
l;v. miles: and from that point, through the
S,oto NJ California to the western terminus, the
oon,n,nr.s RIGHT TO land shall reach again TO
6r,oen miles on either side of the proposed road.
prir;,cres Of earth, gravel, stone, and timber,
- lo rsnd in lis construction, are extended to
.r,. ,f tho adjacent lands of the United Stale.
u, r.r;mum honus of six hundred dollars per
mia nrr annum is proposed for the use OF The
ro.d and ,clccraphic line by the United States,
ror nnstol. military. naval and other Government
rrrnoscs and the control, management and pro-
,;,s ,f ,],, road. together with lis easements
nr,,.;lorcs and rights guaranteed to the conlrac-
t;rr comnanv for quarter Of century. The
ro.d and its furniture is then 10 revert to the
Gcncr,l Government: and such sections ol 1t rs
,ic within the limits of State 4" shall vest IN
and become the property of the State or States
within which the same is located, subject to the
uso Of the United States for postal, military ana
I'll ,thor Government service, and subject. also,
10 snrh regulations rs Congress may impose,
restricting the Charge for transportation there
,r And alI other States organised thereafter
unon ,hc line of said road shall acquire the samc
rights, subject 10 the like provisions and res'r'c
lions.
will say nothing of the dangerous impolicy
of making donations, to or contracting with, any
road which has not been even loca'eo, nliu
which unGrr the present bill, may be indefinite
" stretched in angular lines from one region OF
fertile lands to another: for assume that the
most direct practicable route would be adopted
But approach the question directly, and pro-
nose TO discuss it rs would deliberate upon
private project of my own, or of corporate
company, which |, IN Part' was c:iieo OH u Ie-
present. -,
nv authority TO contract.
'Thc second, the propricty and cXpcdicncy of
thc contract. Then its specific terms and con-
dilions.
CONSTITUTIONAL AUTHORITY.
The power of Congress to dispose of the
public domain is both Conferred and limited III
ihe hird section of the fourth article OF tho
Constitution, which reads rs follows.
"Thc Congress shall have power TO dispose
Of and make all nccdful rules and regulations
rcspcctinr the territory or other property hc-
lonoinr to the United States: aud nothing III
This Constitution shall he so construed as I"
prejudice any clanls of The United States, or OF
any particular Stale"
NV Interpretation Of this section is, that Con-
nrcSs has no power to dispose of the public
E,uds in any way that will not iuurc to the bcnc-
fl of all the States cmIcciirciy, in rs equal i
ratio rs possible and this general benefit SO
resulting from each particular Legislative enact
mcnt, i, what understand TO have been meant
hy the trainers of tho Constitution as the gen
cral welfare"
Without this limitation of power and the con-
dilion that the disposal ny Congress Of The COM
mon territory and other property of the Uni
ted States, shall not be so construed "as 10 pre-
iuilirc any claims of tho United States, or OF
any particular State" the door for local internal
imrrovcmrnts, the widest and most eytravagant,
is thrown wide open, and almost resislcss temp
t,,ions offered to = coalition of large States to
cu,cr il. TO the cxhausiation of all the pccuniary
resources of the smaller States. Unlimited
,rrui,iIicns Of more territory, whether by con-
ones, or purchase, would find Jealous advocates
in the very men w.lo would profess TO be res
trained bv constitutional scrnplcs, 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 corrobpraed by The lam
alauc of every deed of cession of lands by the
States TO the General Government Virginia
cc,cd her public lands in 1874, under the condl-
tons which appear in The following extract IRON
her act of ccssion.
"'rhat all the lands within the territory, as
ccdcd TO the United States, and not reserved
for, nor appropriated to, any Of the betoremen-
toned purposes, or disposed of i'll bounlIes TO
the officers and soldiers Of the American army,
shall be considered as a common fund for the
use and benefit of such of the United States as
have become, or shall become, members OF this
Confederation or Federal Alliance of the said
States. Virginia inclusive, according to their
respective and usual proportions in the general
charge and expenditure, and shall DO faithfully