The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-06

70 br0ndOni fr0y1dod, That II eaid raitroao
be not completed within sir years from the
late of the approval Of this act, then the
Iands described in the act Of August IL,
1855, shall revert to the United States.
SIC. 2. That tho State Of Mississippi be
70 confer the privileges Of the
aforesaid act upon such company as its
Legislature may incorporate for the con
struction of the railroad aforesaid, and that
the right of way Is hereby granted to TIE
said company through the public lands Be-
longing 10 the United States.
Mr. Barksuale. As has been stated,
Mr. Speaker, in 1856 Congress donated
to the State Of Mississippi alternate sec
tons Of land on either side of rail
road projected from the Gulf Of Mexico
to the town Of Brandon, where it was
designed 10 be connected with the sys-
TEN Of railroads then in operation, or in
contemplation. The donation was in
pursuance OF generous and liberal
public policy, which had operated bene-
icially in all the States to which grants
had been made. Its intent was to pro-
mote the settlement and improvement
Of the public lands and to enhance those
which were reserved TO the Government
by making their products accessible TO
market. Hence the act Of donation
prescribed that the land should be sold
for double the minimum price Of the
public lands.- This bene6cent and lib,
eral policy has been profitable in many
ways 10 the Government and to the
people.
II is unnecessary TO discuss the legal
principles involved in the grant. The
very terms of the act and the report of
the committee imply that the title will
remain to the Senate until it is cancelled
by an affirmative act of Congress. The
question presented for consideration by
the bill OF the committee, and the
amendment of my colleague Mr.. Van
Eaton ], is, shall this indiscriminate dec
laration of forfeiture be made? The
answer of those who oppose the amend
ment is, that the grant was made upon
the condition that the lands should re-
vert to the Government within ten years
If the road was not completed, but it
may reasonably be assumed that if the
reasons are sufficient and satisfactory
why this reversion should not be en-.
forced it will not be; and these reasons
do exist. They are abundant.
In the first place, the lands for the
most part remain unsod. In the next
place, the motives to enhance their set
Element and improvement still remain.
Therefore, if the policy was meritorious
in the beginning it is equally so now.
Not the mere question of time but the
great object sought to be accomplished
by the policy should influence the action
of the House. II the policy of the
grant is wise, what difference can il
make to the Government whether it be
consummated in ten years, in fifteen
years, in twenty years, or even in fifty
yearsl
The question has been asked why the
road has not been built. | am abund
antly prepared to show, indeed my dis
tinguished colleague Mr.. Van Eaton
has shown, that the failure is due to no
lack of interest in the great enterprise
on the part of the State of Mississippi.
At the first meeting of the Legislature
after the grant was made it was formal
ly accepted. A commission was APP
pointed to carry out its objects and an
appropriation was made for surveying
and locating the line of the road. In
pursuance of the act the line was sur
veyed and located, and in 1860 the State
transferred to the Gulf and Ship Island
r ilroad her stock in other roads, which
mad cost her 81 100000 in gold. These
facts attest the fixed purpose of the
State in good faith to avail herself of
b ,neft of tie grant.
The prosecution of the enterprise
however, was arrested by great histori-
cal events, upon which it is not necessary
that should now dwell. When the
curtain dropped upon the scene in 1865,
the time had expired for the completion
of the road. BY the hard fortune of
war, from 1865 to 1870 Mississippi was
reduced to condition of Territorial
vassalage and deprived of her Statehood.
Her relations to the Federal Govern.
ment were restored in 1870, and from
that time to the present she has CON
tinued to appeal to Congress to renew
the grant.
In addressing Congress with her petit
ton, which has been read as q part of
the remarks of my colleague + Mr.. Van
Eaton let it be understood that nv
State does not ask this body to depart
from an established usage, nor to create
a new precedent for her benefit. The
are numerous in which SINH
lar indulgence to that which | ask for
Mississippi has been granted to other
States, Let me cite n few of these in
stances, for have them here in abun-
dance. In 1862, Congress passed an act
supplemental to can act granting the
right Of way to the State of Missouri
and portion of the public lands to aid
in the construction of certain railroads
in said State" which was approved June
5, 1862. ask the honorable gentleman
from the State of Missouri to listen to
the act:
Be it enacted by the Senate and House
Of Representatives of the United States of
America in Congress assembled, That the
time required by the act to which this is
supplemental for the completion of the
road therein described "from the city of
Saint Louis to such point on the western
boundary of said State as may be desig-
mated by the authority of said State" as
we'll as the time of reversion to the United
States of the lands thereby granted to the
state of Missouri for the use of said road,
. hereby extended for ten years from the
10th day of June, 1862; Provided, That
N case said company fail to complete said
road within the time as thus extended the
'aid lands shall then revert to the United
States.-Lester's Land Laws, volume 9.