The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-14
CON CIR ESSI0N AL.
SPEECH OF HON. II. M. SHAW,
or NORTH CAROLINA,

On The distribution of the public lands delivered IN the
House of Representatives, May 20, 1854
The House. as in the Committee Of the Whole on the
state Of the Union having under consideration the Pacc
railroad bill, Mr.. BooocK in the chair
Mr. SHAW said:
Mr. CHAIRMAN: regret that find il necessary to occupy
in the discussion Of subject any portion OF the hme
which has been set apart by special order Tor the consd
Grafton of another and my regret is the greater because
NV friend from California Mr. McDoueAII9 with great
beray consented more than once TO the posponement OF
his BILL in order that might go with one that has
occupied much of the time and attention OF this body
but have desired for time TO address the committee
upon the subject Of the public lands and feel constrained
10 avail myself of this the first opportunity that has been
afforded me. And yet after the able argument made by
my friend from Ohio Mr. DISNEY approach that subject
with much difdence that should have contented my
self with giving silent vote upon the bill offered by the
gentleman from New York. but for the speech made by my
colleague, [Mr RodERs who, regret is not now IN his
seat AS that speech TO have wide circulation IN North
Carolina consent that II shall 60 forth from this
boll without An effort my part 10 show as think
shsu mat il ahounds in statements untenable
sssnmpions and fallaeioas reasoning. t1
Thee is much however of what my colleague has said
and well sad--indeed, may say all he has sad-in re-
gard TO and equal right of all the States in the
public domain in which fully concur? atafaaaa,
know that an effort was at time made to set up
claim favor Of the States To all of the public lands
within their limits but it met with little favor in
those States themselves; and presume there is
upon this floor who will conrovert the proposition that
he public domain Of this country is the property
Of all the States and ought to be disposed of for the
benefit Of all The nature Of our government the
dons upon which the several States united together
the terms upon which the seven old States ceded their
lands to the general government and the in which
the balance of the public domain has been acquired
altogether sufficient to render argument to prove the
correctness Of this proposition quite superiuous.
Sir, in constitutional government like ours where the
only hope Of lasting union depends upon strict adher-
ence the letter and spirit of that sacred compact by
which the several States united together many
conederad republics the federal legislature should
fully abstain from the exercise of an unwarranted even
doubtful power especially when the public safety or the
public interest does not call for it in question Of
policy in regard to the management Of the public lands
The master-sprts who originated the policy of distrbu
ton devoted no little pains in their efforts to prove the
consitutonay Of that system. How has my colleague
disposed of this important question? Simply by quoting
the second clause of the third section of the fourth article
Of the constitution and reading paragraph from speech
made by my friend from South Carolina, Mr. ORR made
as apprehend, in support Of what believe all parties
concedhe power of Congress to make grants Of alternate
sections Of the public lands to aid in the construction Of
railroads by which the reserved sections would be
HANGED in value and such as could not otherwise be dis
posed Of rendered salable
~ When the great leader of the whig party, Mr. Clay un
derook to defend the constuonality of distribution he
accustomed to exert all the energies of his mighty in
llect in arguments deduced from the constitution and
drawn from the deeds of cession. My colleague makes
short work OF il; he reads clause from that instrument
quotes the gentleman from South Carolina, and compla-
Gently reposes from his labor And what is there in the
clause Of the constitution upon which he relies and which
is the ouly authority upon which the friends of this
system depend which auhorizes Congress to make any
such disposition Of the public ands2
Congress shall have power to dispose Of and make all
nscdn rules and regulations respecting the territory
other property belonging TO the United States" =
Now apprehend that If this clause proves anything TO
the point proves too much and therefore proves moth
ng for it win be observed that the power given
to Congress over the other property that is given
over the public lands and ! desire TO ask my col
league IL he believes that Congress has the power
distribute among the States the forts arsenas magazines
myyyMds, the ships OF our navy and all the other prop
tuf thu ,l
construction would involve the power impose upon
The people for the purpose Of purchasing lands to distribute
among The people again; and equally the power TO take
money out of The treasury distribute in the way
am that he will contend for no such monstrous doc
rne Give TO the constitution such construction and
you establish for Congress the power to do all that have
said-to dispose of and divide among the States all the
property belonging to the conederacy this Capitol in
which we are now deberating-a power TO which there
would be no limit except wild and boundless discretion
o. I0ngres no SIR our constitution is of certain
pecned powers, well defined You can dispose of the
Punhc hnds and appropriate the money in the
you can money drawn from the people by taxation for any
egiumae object which the constitution authorizes Con-
Ycss 70 accomplish and no more As to the authority
awn from the speech of my friend from South Carolina
am sure that gentleman will tell my colleague that no
ssh which he ever made can be cited support Of thcon
uhona power OF Congress TO distribute the proceeds OF
NE saes OF the public lands to divide the lands them
selves without perversion of its meaning and intent
nu ie' me come now TO the expcdency Of distribution
NY colleague says he is lin favor of distribution of the
proceeds arising from the sales OF the public lands or di-
vision of The lands themselves among ali te states a
9rdng to their rcprcscn tation upon this floor Now
nk shall I've able to show that by such policy the
greatest injustice would be done 10 North Carolina in COM
mon with all the savcholding States and further that IL
would violate the terms of the deeds Of cesson and the
very principle which he himself says should govern in the
management OF the land fund twoud do injustice 10 North
rolina and the other savehoding States because while
ns nonsaveholdng States would receive Of the land fund
he proportion Of their entire population the slayebold
ing states would only be entitled receive in the propor
uon OF her free population, with hree-ths Of their slave
population added thereto. Nor would the injustice and in
yuAy stop there My friend tells us In his speech, that
ne sayehoding States contribute two-hrds of the revp
n which the expenses Of the government defrayed
anu WIN winch the immense public domain we have ac
lereu nas peen purchased and yet In the dstribuon
oorS; give 20 those nonslaveholding States which nc
so, ~ a., ~ have only paid one-third Of the
.os' :" 'nese hnds much larger share than he would
70 Worm carolina and the other slavehodinV States
nnoi nc say have paid two-thirds of their cost And
oas been the principle Of oil the disribufop hills
nave AZ different periods been offered here by the
s oi ,nat policy The bin offered by Mr. CLAY In 1922
u'erimnatcd in favor OF the new States 81 yin,, ., -
Wal of them half million of OF the lands ana 6fe
r cehtum OF the proceeds Of the sales before any st
on was made and then equal share in the balance m
ne 70 'eaefal population Similar determinations in
"fof oi those States characterized the act OF lsa
And how was IL sir with the land bin offered hv tbo
seu'eman from New York in the last Congress- which was
orea oy our whig friends generally in North Carolina
80 o'eo 'or oy the gentleman who is now their candi-
AVseno' ~ tha, State and which was reaously
ooaseo ~ oy my friend Mr.. RoGERs while cnDvaasino for
M seat which he now occupies upon this floor Dd that
M M 20 equal and exact justice 10 North Carolina and the
oer o'd SatesY Did that bill make divs on amon an
AZ @Sa'es according TO their representation upon bs
mon nSn my colleague says is the only principle
YOu winch ne willing TO divide and the only prnciplo
ph which division bo made without 4 grss. ,a,y
~ Haa Sr, that bill proposed TO give 10 North
-, Non nas e'gm representatives upon this floor