Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-09-16
SPEECH OF MR.. BROOKS,
OF SOUTH CAROLINA,
ON THE PACIFIC RAILROAD.
Honsx OF RKpnEsnsrArIyEs, JuNl IA, 1854.

/ HOUSE, OF REPRESENTATIVES, JUNE IA, 1904.
The House being in Committee Of the Whole on tn
state of the Union
! Mr. BROOKS said Mr.. Chairman, the disposal mad
Yesterday of the bill to aid in the construction OF rail-
road TO the Pacific had reference to the nal acton Oh h
House and was not intended check discussion but
give time to the friends Of the road to increase their mum
beers and to disseminate more general lnformiton Oh
the subject 1t apparent to the slowes observer ina
in no place the country is less attention given
to speeches or have they less influence and effect than
here and il the House will bear with me in the delivery
of nv remarks promise not again to trespass upon Its
time during the remainder of this session.
If the paternity of bill could recommend to my
Judgment as strongly il does to feelings far that
my regard for my friend from California who INTRODUCED
it, together with my sympathy with and Interests in be-
half of his State, would commit me to vote which my
understanding approve Interpretation OF the
powers of the Constitution justify The affections of my
heart have been kinded into glowing warmth twards
that distant State whose entire delegation in either branch
of this Congress have recently passed through the cru
chile of constitutional trial and proved themsevesto be,
like its staple commodity, pure gold yearn to fold this
youngest of sister States in closer and rmG en-
brace and will cast my vote for any measure which will
effect it, provided am not required to compromise be-
tween my conscience and the Constitution.
have read the bill for railroad and elegraphic COM
muuication the Pacific with care and reread il with
greater care and is with sincere regret that
strained to oppose its passage We are asked to Donate
alternate sections of the public lands (Which less
part of the treasure of all the States than the
money in the vaults of the treasury either side Of
line yet to determined to joint stock company
vet to be created for the purpose of aiding in the
struction of railroad and teegraphic communication
from the city of San Francisco to some point yet to be
located the Mississippi river any where between the
thirty parallel Of north latitude and the bounda
nv line of Mexico We asked to extend the sections
so donated to distance of fifteen miles either side of
the road from the Mississippi river to the one hundred
and sixth degree of longitude west Of Greenwich point
in the Rocky Mountains from thence to the eastern
gt~I.eo kalkar ~tno
tons shall be donated on either side to distance of
twenty five miles and from that point through the State
Of California to the western terminus, the company s
right land shall reach again to fifteen miles on either
side of the proposed road Privileges Of earth, gravel
stone and timber be used in its construction eI
tended any Of the adjacent lands Of the United States
maximum bonus of six hundred dollars per mile per
is proposed for the of the road and teegra-
phic line by the United States for postal military naval
and other Government purposes and the CONTROL man
agement and profits of the road together with its ease
ments privileges and rights guaranteed to the contract
ing company for quarter of a century The road and
furniture then revert to the General Government
and such sections of it 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
of the United States for postal military and all
other Government service, and also to such regu
ations as Congress may impose restricting the charge
for transportation thereon And oil other States organ
ICED thereafter upon the line Of said road shall acquire
the rights, subject to the like provisions and re-
strictons.
will say nothing of the dangerous impocy Of max
ing donations to contracting with any road which has
been located and which under the present bill
may be indefinitely stretched in angular lines from one
region of fertile lands to another for that the
most direct practicable route would be adopted Bat
approach the question directly and propose to discuss 1t
would deliberate upon private project of my own
or Of corporate company which in part was called on
to represent. as.@ ra.~" ~
The first consideration would be the plenitude Of my
authority contract the second the propriety and
Of the contracts then its SPECIFIC terms and
conditions. ...,. 't.." .>: ....'.:. X. II
CONSTITUTIONAL AUTHORITY.
The power Of Congress dispose of the public domain
both conferred and limited in the third section of the
fourth article Of the Constitution which reads as foows
"The Congress shall have power dispose and make
all necdfu rules and regulations respecting the territory
other property belonging the United States and nothing
this Constitution shall be construed to prejudice any
claims Of the United States or of particular State
My Interpretation of th, section is that Congress has
power dispose of the public lands in any way that
will not insre the benefit Of all the States coecD
in as equal ratio as possible and this general benefit
so resulting 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 other property Of the United States shall not be
construed " as to prejudice any claims OF the United
States Of any particular State the door for local in
ternal improvements the widest and most exravagant
thrown wide open and almost resistess temptations
offered to coalition Of large States to enter it, to the
exhaustion Of all the pecunary resources OF the Govern
ment and to the oppression Of the smaller States I'm
limited acquisitions of territory whether by con-
quest purchase would find jealous advocates in the
very who would profess to be restrained by constitu
tona 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 language Of every
deed of cesson of lands by the States to the General Gov
eminent. Virginia coded her public lands in 1884 under
the conditions which appear in the following extract from
her act of cession: "...
That all the lands within the territory coded to the
United States and reserved for appropriated
Of the before mentioned purposes disposed OF in bountes
to the officers and soldiers of the American army shall be
considered fund for the and benefit Of such
Of the United States have become shall become mem
bers Of this Confederation Federal alliance Of said States
Virginia inclusive, according to their respective and usual
proportions in the general charge and expenditure and shall
be faithfully and bona fde disposed Of for that purpose and
for no other use purpose whatsoever"
In the year Massachusetts renquished her lands
" to be disposed of for the benefit of the United
States" ..e
In 1886 Connecticut reinqushed her lands to the Uni
ted States for the and benefit of said States
Connecticut inclusive.
In 1877 South Carolina made ga liberal cession to the
United States of her claims ito land) for the common
benefit of the Union"
In 1890 North Carolina coded her vacant lands in the
following words:
That all the lands intended be ceded by virtue of th
before mentioned, shall be considered fund fol-
the and benefit Of the United States of America Nor
Carolina inclusive according to their respective and
proportion in tho general charge and expenditure and shall
be faithfully disposed Of for that and for no ohe
whatsoever"
Georgia coded her lands in 1902 for the purpose
and almost in identical language.
1t is said that the words prejudice any claim sec