The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-10

have power to grant the lands with or without CON
dons cannot acquire by calling ourselves prudent
andhoders The of grant the act in every instances
Of the government Of the United States. was like every
other act done by this government OF sovereignty IL
was Of private person Ii not and can
be made TO be- bargain merely like that which would
be transacted between my friend from Mississippi Mr.
BRows and myself in the transfer purchase OF lands or
personal property IL was something morei II was an act
of the sovereign authority of the United States and IL ex-
cesded the constitutional limits OF that authority IN one m
Aance it exceeded II IN every one unless you Will aihm
that the States have not equal sovereignty and lnde
pendenee with the old Sateshe land States with those
that have no public lands within their limits.
Sir this whole subject Is covered with preeedents
Those precedens run back for half a century. have
list of them here before They have been voted by
Congresses of every political description They have been
sanctioned without question hesitation, by Presidents OF
every various political shade that have had believe
that will be very difficult believe will be impossible, to
maintain that IL the legislation Of Congress connexlon
with the grants of lands the States consuu-
tions in the view am taking of IT, the legislation 10
this bill is Unconstitutional IN regard TO the old States Con
gress grants lands for the purpose oil establishing schools
What does requires Why, that the lands the pro-
cseds of sale shall be sacrcdy kept and The interest and
income applied to that purpose, and no other t grants
lands for the establishment of university, with precisely
the same restrictions 1t grants Lands for cutting cana or
for railroad with similar restrictions. And pray you,
sir if these restrictions beyond constitutional
authority in regard those States IN what possible manner
do invade tho rights Of the States by the condition an.
nexed the Grant which the bill under the consideration OF
the Senate proposes TO make TO all the States?
As have said the fact OF assuming to act IN the
character of landowner give us no power TO control
the States in their local Ii II be true that we can
append such conditions this bill proposes grant Of
the public ands then the conditions void suppose
they are what is the consequence Assume that the esc
tons invalid for want OF constitutional power; men inc
grant takes effect but is discharged ofhe condition. That
IS all We in that case, say the States You shall have
these portions Of the public lands for the purpose with the
understanding with the declaration that they are 70 be
piled The support of the INDECENT insane ~ and this
superstition the States may pay just what respect and con
sderaon they please the restrictions that thus
attempted to be imposed may apply the proceeds of the
Ia uusu hat thjuk
that direction, recommendation, or condition. or whatever
you may please call it. upon the Imposition that we
have constitutional power 10 prescribe does not affect
the grant but leaves ome grant OF the land discharged
of the condition.
Mr. President, am therefore, Of opinion, offer good
deal Of examination of this subject that, according TO the
uniform and established practice of this government and
the opinions fan gather there from Their conduct
of those who have been the abst ami wses that the
nation has had that there valid objection TO the
constitutional power pass ibis BILL either as disposition
Of the public lands simply to the purposes specified IN the
BILL of the conditions annexed 10 that dis
position
The President of the United States has remarked in his
message, that the public domain constitutes fund for the
benefit of the States and m that vew LEI US con-
slider the upon the other supposion that the United
States stand merely in the character of trustees holding
these lands in trust for the seneht of the
raj States in their sovereign capacesa view which is
commonly taken of this subject and which, the debates
here which have taken part IN relation to the public
lands, have been content TO sufficient to answer
the purposes of discussions then pending though believed
the power of the government upon the general grounds
have stated
Suppose the of the United States to be such
trustee; for whom is rusteeI perceive that the
first Indignation meeting which held at Boston upon the
subject Of the passage of the Nebraska bill by this body
the persons who composed that meeting adopted solemn
resolution that the public lands held trust by the
United States for the benefit of all the people in the United
States who bad lands natives aud foreigners, and for all
those foreigners who might hereafter come to the eoun
try. [Laughter | presume there IS gentleman here
who would carry the idea of rusteeshp quite far that
If hold in the character of trustees is either for the
benefit OF all The people of the United Sa'es ana hen Is
than saying that this, like all powers, pub
lie trust hold for the ben hi OF the different
members of the Union Well, if do, how does that fur
nish any why grant the lands which
hold rustfund for the common benefit OF the members
Of the Unionthe Staes--among the very members for
whom hold them trusteesi Is not curious argu
menti IL first said the United States not owners of
these lands, have true property or dominion OVER em
but hold them merely trustees For whom are we trus
tees For the and equal benefit Of all the States
IL is proposed then, take portion Of these lands and
apply them a particular direction for the common and
equal benefit Of ell the States. But told No II IS
unconstitutional 10 do that you have ghtiu power to
do you compelled to hold them for your eestu que
you keep them you not 10 let the parties
for whom you hold have the benefit Of them" The United
States do not hold them, we are told, for their own benefit
but for the benefit of the several States yet 10 required
that the trustees shall not permit the States TO have the use
profit although the only purpose for which the trustee
holds benefit the several States common and equal
footing of fairness.
You may, according this doctrine grant any Of
the lands you please 10 the States in which they sit
uated Iou may go there Bs lanuhouer, You may
graft lands for uniyerses you may grant lands for primary
Schools you may grant lands for canals and airoeds you
grant lands for couhouscs and OF government
All hn andhoder, you have night TO do but what be-
of the character OF the mean tme' These
IDEAS exactly reconclable. lf IN the true
and proper OF the term, lundhodes II VIC own the
lands then have the right dispose Of them. II do
not Il merely for the benefit Of all the States
equally, where do get the power trustees 70 give
away portions of these lands for the purpose Of building col
ges and erecting primary schools IN the States m which
they ei The argument has been often urged that when
them IN alternate for canals and railroads.
double the price the remaining sections and this - the
advantageous operation which s produced TO the great land
holdcr--the Unhed States. ! believe all prstIy vel
know however that the theory 10 PORT u fact
II has been spoken Of and what the a1 contempates
but ~ result which the law has not produced But
sumo that to be 70; how IL It that your prudent land
holder gives away lands which do belong 10 him, but
which he holds trust for the erection Of colleges and
primary schools, for the building Of coufhonses, AMI Tor
erecting Of government How do these bring money
into the pockets Of the Of the andsi No otherwise
than any prsdent gin disposition by to those
who will improve may Ultimately be Of advantage 70 HIM
but they given upon any contracts spuatiDns
by which the ysqe Of the public lands Is be rcrasd
and the whole thing, therefore, Il me, is entirely
falscious If trustees, surely may be allowed
give sma portion OF those lands all The Stats n
not trustees, II the owners then the lands
are ourr and have right 10 do with them think
right and JUST and in that respect constitutional oheo
ton at oil can be taken to this disposition.
Mr. President, reduced a very singular condition.
in consequences Of the given to connection
with these public lands. Now let ask the attention If
the Senate for moment particularly eth regard TO the
Stale which have the honor here fepr nnd unor
unatey, present without any assisanoo The STATE Of
North Carolina Of those States which made grant Of
her territory the United Saies and viii be seem
on examination that upwards II hr,e iions half Of
acres of public lands, coded by Norm Carona upon the