The Lancaster ledger. (Lancaster, S.C.) 1852-1905, July 12, 1854, Image 1
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512 PER ANNUM. A? ro\^rri^b^rl,?., ?nT. IN ADVANCE
, NEUTRAL IK POLITICS?DEVOTED TO LITERARY, COMMERCIAL, AGRICULTURAL, SCIENTIFIC, GENERAL AND LOCAL INTELLIGENCE.
' ^
YLUME Ifl. LANCASTER, C. H? SOUTH CAROLINA, WEDNESDAY MORNING, JULY 12. 1854. NUM BER 22
d romp it i clc of tfio CoMtilutiou, which rou<J$ hs | the riizhts of hiiv hi>n!iriiiu si?i *
I UDIllUALl.
. Speech
HON-P. S. BROOKS, OF SO. CA,
IN THE HOUSE OF REPRESENTATIVES,
June, 14, 1884.
The House being in the Comin:tt? ol
the Whole on the state of the Union?
Mr. BROOKS said:
Mr. Ciiaikmak; The disposal made
yesterday of the bill to aid in th? construction
of a railroad to the Pacific had
reference to the final action of the House,
' and was not inteoded to check discussion,
but to give time to the friends tjf the road
to increase their numbers, and to disseminate
a more general information on the
subject. It is apparent to the slowest observer,
that in no place throughout the
country is lea* attention given to speeches,
<or have they less influence and effect, than
lien); and it die House will bear with
rue in die delivery of my remark*, I promise
not again to trespass upon its time
during die remainder of this scsion. s
If the paternity of a bill could recommend
it to my judgement as strongly as
it does to my feelings, I fear that my regard
for my friend from California who
introduced it, together with my sympathy
with, and interests in behalf of his State,
would commit me to a vote which iny
understanding cannot approve, or my interpretation
of die powers of the Constitution
justify. The affections of my heart
have been kindled into a glowiug warmth
towards that distant State, whose entire
delegaliou in either branch of this Congress
have recently passed through the
* crucible of constitutional trial, and proved
y themselves to be?like its staple cotninod
v- . ity?pure tfold. I yearn to fold this
youngest of our sister States in a closer
and tinner embrace, and will cast my vote
for any measure which will effect it, provided
1 ain not required to compromise
belweeo my conscience and the Constitution.
with care, and re-read it with greater care ;
and it is with sincere regret that I am
constrained to oppose its passage. Wo
are asked to donate alternate sections of
' die public lands (which are no less a part
of the commoiu treasure ol all the States
than the money in the vaults of the Treasury)
on either side of a line yet to tie rle
trruiined, to some joint slock company
Vet to be crested, for the purpise of sid
mg in the construction of ? railroad and
telegraphic communication from the city
of San Fmnciaco to some point, yet to
I* located, on the Mia.ds.Mppi river, Anywhere
between the thirty-seventh parrailei
of north latitude *ud the boundary
line of Mexico. We are asked to extend
the sections so donated l<? a distance of fifteen
miles on either side >f tlie road, from
' the Mississippi river to the one hundred
and sixth degree of longitude west of
Greenwich, (? point in the Kocky Mountains
; from thence to the eastern loun birr
of the State ofCulifornis, that alternate
sections shall l>e donated on either side to
a distance of twenty-five miles; and from
that point, through the .State of California
to the western terminus, the company's
right to lund shall reach ngain^Io fifteen
miles on either side of the proposed road.
1*11 vileges of earth, gravel, stone, and timber,
to be used in it* construction, are eitend
cdto any of the adjaount lands of the
United States. A maximum bonus of
aix^buudred dollars per mile per annum
ia proposed for the use of the road and
telegraphic line by the United States, for
postal, military, naval, and other Government
purpose*, and the control, management,
and profits of the road, together
with its casemenfii. privileges, and rights
guaranteed to the eotiitacting company
for a quarter of a century. The road and
ita furniture ia then to revert to the General
Government; and such sections of it as
lie within the limits of a State M shall vest
in and become the property of the rotate
' or States within which the same ia located,
subject to the use of the United States
fee postal, military, ml all oib?r Government
service, and subject, also, to stu b reg
ulaiions ae Congress may impose, rvstric?
ting the charge for transportation thereon.
And all other States organised thereafter,
upon the line of said road, shall acquire
the same rights, subject to the like provisions
and restriction*.
V - ' -
i win mt nothing or the damwrous
impolicy of making donations tc^^Apa*
tracting with, any road whichSHRpot
been even located, and which, owBftbe
present bill, may lie indefinitely st-etched
in angular lines from one region of fertile
. Uada to another; for I assume Uiat the
most direct practicable route would be
adopted. Hnl I approach the question
directly, ami propose to disease it as 1
would delilerate upon a private project of
my own, or of a corporate company, which
1, in part, w*a called on to represent
Trie first consideration would be, the
plenitude of my euthoritv to contract
The sereud. the propriety and aspedi
rncy of the cmilfMt, iu apoetflc
term* awl eowUtioM.
roK^lfVIHWJ4c AWWQltfTY,
Tlio pow#r of C^urrtm to dUpom of lb#
trnbJlc domain m bona ooftftihwl and limit*
J h. to lk*d mete fib*
*
i " ** -' " s
.'* > - a
IUIIUW6 m
"The Congress shall have power to
' dispose of, afH make all needful rules and
regulations respecting, the territory or other
property belonging to the United
States; and nothing in this Constitution
' shall be so constructed as to prejudice any
claims of the United Slates, or of any particoUr
State."
r My interpretation of this section is, that
Congress has no power to dispose of the
pub!to lands in any way that will not in,
sure to the benefit of all the Slates cvllec- i
. beefy, in as equal a ratio as |MMwible;
and this general benefit so resulting from 1
each particular legislative enactment, is >
what I understand to have been meant
by the frainers 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 uot
be so constructed " as to prejudice any
claims of the United Slates, or ol any particular
State,'' the door for local internal
improvements, the wildest and most extravagant,
is thrown wide open, and almost
resistless temptations ottered to a
coalition of large State* to enter it, to the
exhaustion of all the pecuniary resources
of the Government, and to the oppression
oi the smaller Slater. Unlimited acquisitions
of moro territory, whether by conquests
or purchase, would find zealous advocates
in llie very men who would profeu
to be restrained by constitutional scruI'les,
from putting their hands into the
Federal Tieaaury 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 cession
of lands by the Slates to I he General Gov
ernment. Virginia ceded her public
lands in 1784, under the conditions which
nppcnr in the following extract from her
act of cession :
"That all the lands within the territory,
as ceded to the United Status, and not
reserved for, not appropriated t?s any of
ed of in bounties to the officers and soldier*
of the American army, shall be conxidercd
ax a common fund Jvr the use and
benefit of xuch of the lint led Statex ax have
become, or tthai I become, Humbert of thix
Confederation or Federal alliance of mid
Statex, Virginia inclaeive, according to
their rexpectire and utual jirojxrtionx in
the general charge, ami expeiuliture, and
thai I be faithfully and bona fide ditjtoted
of for that pu rj tote, and for no other ute
or purpose whateoecer
In the same year, Massachusetts relinquished
her lands " to be disposed of for
the common benefit of the United
States."
In 1780, Connecticut relinquished her
lands to the United Slates tor the common
use and Iteiictil of said Slates, Connecticut
incltifive.
In 1787, South Carolina made 44 a liberal
cession to the United Slates of her
claim* (to land) for the common benefit
of tho Union."
In 1700, North Carolina coded her I
vacant lands in the following woida:
44 That all the lauds intended to be cud'
ed, by virtue of this act, to the United
Slates of America, and not appropriated
as beforemeiilioncd, shall be considered
aa a common fnnd, fur the use and l*u
efit of tho Uuited States of America,
North Carolina inclusive, aocording to
their respective and usual proportion in
the general charge and expenditure, and
shall be faithfully disposed of for that
purpose, and for uo other use whatsoever."
Georgia ceded her lands in 1802 for
the same purpoae and almost in idoutical
language.
It is said that the words " prejudice
any claim " (Sec. 3, Art. 4 of the Constitution!
liar* ?*oliuii'?
- ? ? VI* VIIVA] IU UUU*
tracts relative to their lands, which were
made by some of the older 8utw before
tbe Adoption of the Constitution. I ennim>t
tiiink so; and it seems to me, if this
construction is correct, tlial tbe restrictions
in tbe ditforenl deeds of cession " for
tbe common benefit,"" common fund,"
u general charge and expenditure," are
idle and silly. If tbe contract made by a
Btgto relative to its vacant lands, prior to
tbe adoption of tbe Federal Constitution,
was tben perfect, it required no support
from future legislation, and acquired none
from any restriction in a deed of evasion.
If, on tbe oilier band, tlie contract was
itn|?erfect, Mid tbe State subsequently
nnide a perfect contract with the United
Siatea, then tbe argument ujkjo the meaning
of the word rlaiwa lalla to the ground.
It la hardly supposablo that iLfkate which
has been creeled out of teripbry lying
M between the Hudson and M Mississippi
Hrsn," th#territory of which was ceded j
before the adoption of the Federal Consti-1
Uitioo, woukl admit any claim to bar
oil which MaaaacbuMtta might now produe*.
In my judgment, it ia mora raaaonabla
ami juat to condade that the word
" claim* * waa need in tha aetme of ri</t,
and li nt the true moaning of tha entire
claim* ia, thai the right .if tha United
Statin Government to dhpoaa of the pub
Snlamla fear the * general w*Hbra"of all
tha 8tatoa, ahail not he prejudiced, a*r
"?Jpu 1 f T^*"t "dlf
_ J g UWK piVJUU1C- 1C
eJ by such a disposal as does noi confer IE
upon it tho same benefit* which are thus 16
derived by the other States of the Union. IE
One tiling is certain, that Nortli Carolina
and Georgia, which Slates ceded their va- Tc
cant hfcpds after "the adoptu n of the Constitution,
never would have ceded them, qq
had the construction which has since been 0f |a1
given to the third section (which construetion
makes tho power of Congress over tan,|
the public lands absolute) then obtained ; 1852
for Mr. Madison, who was the ruling snir- ^.rvii
it ol the convention, has declared that Whe
" in all the various amendment projrosed
by the States last'oio the ratification of the t],,3 |
Constitution, and after, every one of them ^ j,
proposed to limit, and not extend, the pow- jn)pr
er of tho General Government." wit|,
llut it may t>e said that this argument, tltcrc
even if just, does not apply to territory ac- row.r
<pured by purchase or conquest. It occurs
to me that it upplies with as" much jn,r j
force in one instance as the other. What ev?*r,
is the General Government but the agent elltri,
of the Sutes of the Union I With whoso w|lur
money Las territory been puichased, if t|,Q ]
uot with the mouey of the Slates ! By Htanc
w hom has the comment of t?rri??r? !?*?....
-- J V^v.. t|,e ^
made, if not by the brave heart* and stur- or |e|
<1V arms of the citizens of all the States ?
Why, then, a difference of tenure, or a enirj<
more uuliuiitcd power by the General were
Goveruiuent over territory t>ought or con- 2*
quered I Where can you better repair >?pph
lor instructions as to the powers of Con- |jc j
grcss over the public lands, acquired in work
any manner, than to the deeds of cession, g^tt!
made at or al>out the time of the adoption
of the Constitnt on, or to him who, 0f ^
aUjvo ail others, we may regard as its |,ave
father? Now, sir, the orly plausible argument?I
say plausible, because it is ^ 1
more specious than correct?which has ^
ever been adduced in support of the con- '
stitutionality of th6 acts of Congress, cumj
wliereby ? part of the common territory ?n,|e
which this Government, as a trusted. fre4)
holds, 44 for the common benefit of all the
States," has been given to individual
States, or to incorporated 00111 panics, is, "
that the reserved section^ at the price of J
uiWftie common ifreastiry, and at an ear- , V
lier day, under the impulse of enterprise . )l1^
thus fostered, as if the whole were sold at 18
$1 25 per acre. Eveu if this was the '
fact, 1 cannot perceive how it atfecls the 8vrve
constitutional question. \85S
The argument is based 011 the assump- ^
tion that tlie General Government is. the acrt,g
proprietor of the public lands, and that
in the character of a prudent proprietor, . *
has the right, and that it is its duty to a llon>
dopt aany measure in regard to its do- "wl c
main which will facilitate the sale ol its ,ore '
surplus lands, and bring ill the treasury ^
the precise amount of money had all the a
lands been sold at the pnee prescribed coml
by law. It seeeins to me that tiere is a r
correct conclusion deduced from false *t!r M
premises. The Government is not a pro- y0 "
pritor, but a trustee, holding lands for the "'j4 (!
omun wiuvu vroiuu u. i roprieiornhip
implies absolute control?a fee-simple *nue
title ; and if the government i? the pro- ' c
proprietor of the public lands, iu power '!*. ?
over them and over the money proceeding , ,
from their sale* ia unlimited ; and it may
donate oi.hvr land or money to a State, n4^ 1,1
a corporation or an individual. Dut aa a . i*6
trustee, with a power over the the public c1PllJ
lands and their proceeds, limited to the 'l",le
execution of other enumerated power*, r
and to the euirying them into operation, '"otthese
danger* and abuse* are avoided,
and the rights aud interest* of all the Pro"
States preocrved. In the language of u moul
Senator from Virginia, [Mr. hunter,] the CftUW
daily beauty of wbo?? iifo adonis intel- It
lectual endowment and scholarly attain- nM' <
menu which remind u* of the vigor of ov?r
Jefferson and the accomplishments of he w
Wirt, *give this construction and you l'erri
make the whole system of the Coiistitu- prop<
tion harmonious; you hring no two pro- main
visions into conflict. Give it any other w?tl?i
construction and you destroy one part at bene!
the expense of the other." a pai
A prudent trustee, however, may exer '
cis? a wien discretion in the management ct|lu*
of an estate, as well as a proprietor; and ntl>r?
so far as the Application of the power in P"'*"
the bill under consideration is concerned ?*c u
it is not material to iny views in what
character we may tegard the General Go- * **.
verninent. It i* not necessary to my W
purjxjse to show that the argument in lt reference
to the appreciation of the value,
ol the reserved sections is uniformly falla- "1,nw
ci?>ns; but, as one of the ap|>ointed tru*te a, ^rwT*,
trusteos of the Htstee of this Union, hold H.
ing property of which the States are
the real owners, and which it is iacuni f'1 Ml
bent upon, me in part, to manage (or
iheir common good; it becomes proper .?J\
that I should show, by statements taken **T
Trum the reports of the Cominieeioneni lo"?1
of (be Lend office, that en increase of ti>e
sale* of the public lands ie not always
thus effected; and that, moreover, it is w|**c'
somelimea a loosing speculation. In the w .
year 1836, was sold ??f the public lands, r,,on
twenty 'million, seventy-four thousand,
eight hundred and seventy-one acr ?.
Io 1841 1,164,796 m* '
1842 1,129,217
1646 1,606.264 Tt
1844 1,7*4,763 as it
4846 1.843 627 Nort
644 2,26? ,7*1 from
1*47 2, *21, *06 rngg
[ 184* 1,067,66* haU
? ?" * 1,: 92.902
1*0 . 1,400.83#
*31 * 2,005.920
532 894,719
>tnl for twelve years, 19,858,000
ip habit of donating alternate sections
nd for railroad purposes was contracI
believe in 1848 ; yet there was less
sold n twelve years, from 1141 to
I inclusive, than under the old connive
habit in the single }ear, 1830.
in alternate sections of land are donait
is the stereotyped language of
tills that the reserved sections <*li?||
eld at double price, which leaves the
ession on the public mind that,
the difference of the odd section,
i is an equal number of sections re
veil and granted, and that, the half
C sold at the price of the whole, nolhs
lost to the treasury. Such, howis
not always the fact; for private
as are informally resjiectcd, and
i they fall within the line to which
rights of the donees in the first ine
extend, then authority is given to
lonees to go still further, to the right
ft, and take another amount of land
I to the amount taken bv the private
as, though such private entries were
made at the Government price of
> per acre. I quote from thj act to
t certain alternate sections of the pnblomain
towards the completion of
s of internal improvement in the
t of Michigan, the following cause:
ind as somq of the sections, and parts
ctions, within the limits aforesaid,
been heretofore sold or otherwise (lis1
I- i - -e -
i oi, or eucumueren, mi uiat canlie
so applied, it is furthermore enacliat
a quantity of land equal to that
Id, or otherwise disposed of or onHired,
shall he selected by said agent,
r the direction of the* Secretary of I he
*urv, from the public lands, near the
>f said railroad, on either side therolis
fact explains why it is that while
?w(wwl>
le price but 1,679,461 acres which
3,981 acres h-ss than half the ntitnlonated
by tlie (Government. Thered
sections were offered forsalo in Jii852,
and on the 30th of September
I, there had been sold in Illinois, at
loublc price, ($2 50,) but 284,080
le practice of donating alternate sec
of land, particularly in the States, is
inly unequal and unjust, and lliereii..wise,
l>ul is generally injurious to
e Treasury. Tbo recipients of the
ted sections are thrown into direct
letition with the Government. It is
casouahle to suppose that a purcharill
pay 2 50 per acre to the the Gonent
when he can buy lands adjoinU
a less price from others. The
ic lands are one of the source* of rev,
and a reduction of the revenue of
ountry is thus wrought by excluding
wn lands from the market. Nor can
be denied by the warmest advocate
e theory that the Government loses
oney, because the price of the reacrvcton*
is doubted, without being preited
into another dilemma which is
i as fatal to his theory. The value of
eserved sections is increased, or it is
If it is increased the donees can unill
the Government and at a heavy
t. If it is not increased the argu:
is gone. A pressure for funds will
t the donees to sell at any price,
is my faith that there is a tnalelifference
in the powers of Congress
such parts of the public domain as
itliin States Miid in Territories. A
lory continue* to l?e the common
srty of all the State* so long a* it re*
a Territory ; and any improvement
11 it* limit* redounds to the common
fit of its common owners. But when
rt of liie public domain lie* within
toundaries of a State, it is difficult to
live of any improvement of sucliTerr
will not result to the t?enefil of that
Hilar Stale, and, it may be, to the
aion of all lienefit to the remaining
a. Such a case might occur, as if a
i was surrounded by Territories,
ft has never yet happened, but is virf
approached by the geographical
ion of California. Again, the Terr ii
have but such as is given by ConThey
are in a Jepcndont oonditinti,
look to Congress for revenue, protecand
for law. This is the.'r only Leure,
and we should legislate for their
, precisely as a Stats Legislature mav
le good of the State?f?oth being *nl?lo
lite provisions of their respective
itutiona.
itertaining these views, I cannot eonitlv
cut my vote for donating lands
h Ik* within the limils of a Stale; but
i the lands asked for, lie within Teres,
organize*) or not organized, I bare
mati'.uipual scruples; and tl? quet*llten
'at|(p as to the expediency of
ng eweFghiiiU sa are sought.
SXPBDIBNOY.
e isolated position of California, lying
does, on the western verge of the
b American continent, bar separation
her sister Statu by dreary t assets,
ed mountains, and larg.* territories inted
by ontaraod Indians, ber natural
? v B
I resources, and tlic adventurous spirit of li
' people, leave but little doubt in ll
minds of rellucting men that she must 1
brought into more direct and irnrnedia
communion with the heart of the Confe
eracy, or ultimately dissolve her connc
tion with it. This separation would enUi
the loss of every foot of American territoi
west of tho Rocky Mountains, togeth
with all the property of the Governmei
found there at that time. A railroad con
munication betw en the Atlantic and P
cifie oceans would secure that entire r
gion to us forever, together with its unto
mineral wealth, and, which is more val
ble still, our pioneer breth.cn, who are
lustrating to the world American self-r
liance and American enterprise. It wou
scatter broa- cast in our midst tho trea
ures of Asia, Oeoanica, and give to us
commercial power which would make th
Government the upire of every nation u|
on earth. Its commercial advantages hi
incalculable, and its political effects, stra
the imagination. San Francisco woul
become the commercial emporium of tl
eastern world, and with lavish han
pour out the wealth of the remotest par
of the globe ou every section of our coui
try, upon which Heaven has benignant
and continually smiled. A continuoi
line of railroads between the two great t
ceans would become the highway of tl
nations of the earth. Our carrying trat
in the Pacific, now amounting to abui
three hundred thousand tons, andeiiiplo;
ing upwards of an hundred millions <
dollars, would be augmented by the op
ration of this road immeasurably be von
tbe proportional increase resulting froi
the mineral wealth of California and Au
tralia combined ; and the whistle of a l<
couiotive heard on the shore of the Pat
lie would do more towards opening tl
ports<>f China and Japan than bavone
and squadrons. These results are as nea
ly curtain as may bo approached by ortl
nary human reasoning. Hut there a
other considerations and advantages of
a domestic character which need no spt
illation or theory to recommend the e?ta
bailment of this road by means of the d
Mexico, which 1 regard Hi"f~-)r.a;
other territory as has already been,
will be,secured under the Gadsden treat
The more rapid transmission of t!
mails for which service the Governing
ia now paying annually $ 1,000,000, w
bring our distant friends into close asso<
ation with our Government and ourselvt
and thus diffuse into those far-off region*
social and political sympathy, and an e
painled intelligence, which are the clii
elements of national strength and nation
prosperity. The prompt transportation
troops and munitions of w ar will strengtl
en our national defenses, and give coi
tidenee and security to the western pi
neers, whose cottages will llank eitli
side of the road, and constitute thein i
efficient guards, while they may derive
present support from the employments
would offer for their honest labor. Tl
diminution of the number of Uovernme:
officials, the reduction of the number
troops necessary to protect our reino
property and possessions, the greater s
curity and rapidity in conveying Gover
ment stores and munitions of war, t
gelher with the saving of time and
expense incident to the extension of cii
nllil militiirv nriler* wiwl ?l?n irmuiut /i
; J ' h v
lerity given to their execution, inak
it a measure of unquestionable econom
The contemplated increase of the Arn
by the organization of three addition
regiments, and which ihe wants of tl
country will otherwise require, will tin
be dispense*! with.
My friend from California, (Mr.McDo
gal,) who seems to have examined tli
branch of the subject with unusual car
estimates the cost to the Government
military transportation to New Mcxii
i and the Pacific at >1.730,014, and tl
cost of keeping up its whole "naval cor
munication with tlio Pacific by theC<q>e
Good Hope, of <ml filing, discharging, ar
supplying everything required for tl.
service, and the loss of service to the Go
erumcnt during these long voyages"
another million of dollars per annum.Were
we to become involved in war wi
England, California, as the most expose
the most defenseless, and the richest pc
lion of our country, would he the fir
attacked. Such portions of her standir
army as are on aorvice in India con
b? transferred to our Pacific shore whi
we were enlisting men to defend it. SI
has 607 war vessels, carrying 17/ 30 gnr
while we have hut 00 vessels of war, hi
2,020 guna all told. Should she form i
aliance with France with s view to pr
vent the acquisition of Cuba by the I't
ted States, France could bring to ftear u
on us 7,144 guns which are carried I
328 vossels of war. Could we in hon
or in law stand aloof and see Caliform
the fairest and youngest of the sister Stat*
pillaged and ruined without an effort
rescue her t And what would it cost
march or to transport by sea, an adequa
army for her relief f
But, sir, it is in the name of hnmanit
that this enterprise makes its strongest a
peels to us for support. It avoids tl
perils of the sea, and makes thai app?
eloquent bv suggesting an example of
dangers. What worldly considerate
eon compensate for all the agony end*
ed by those rho were appelled, and wl
dtsdme board the ill-fat ed Sen Francirt
4fT
er Tilts heart sickens and bleeds when conic
templating the miseries which cncompaaa>o
ed the men wlio encountered tlieui By
te order of Government, and the woman who
d- shared tlieni by the commands affection,
c- And, sir, if, by "robbing the exchequer"
til of every dollar in its vaults, I could have
ry prevented their sufferings, and preserved
er their lives, my vote should never have prent
vented their salvation.
n* TERMS AND CONDITIONS.
_ Having satisfied myself thai Congress
has the constitutional power to make donations
of lands which lie in the Territo i
ri>?s, and that, in the case under consideration,
it is expedient to make them, the reU
maining considerations have reference to
s_ the terms and conditions of the relinqtiirlitneut.
The liill provides as follows:
js "That for the pnrposo of aiding andsecuring
the constrution of a railroad and
re telegraphic line from the Mississippi liver
at a point not north of the thirty-seventh
I j parallel of north latitude, to the city of
)0 San Francisco, in the State of California,
Kj shore shall he, and hereby is, appropriated
t8 | and set apart a quantity of land, equal
i to the alternate sections to the width of
I fifteen miles on each side of such road
from the terminus thereof, on the Mississippi
river, 10 the one hundred and sixth
ie degree of longitude west from Greenwich;
je and Irom tlieticc westerly to the eastern
l(l line of the State of California, alternate
sections to the width of twinty-fivo miles
on each side of such road: and iVum il........
h rough the said State of California, to
uj lie western terminus of such road, alter[tl
tiate sections to the width of fifteen miles
on eaeli side thereof; such lauds to be
0 selected from die sections which shall be
designated in the public surveys of said
laud (when made) by odd numbers, and
,s to be held and conveyed as herein p ovir
J,d;"
i* Now, sir, my principal objections to the
rt> bill are to be found in tbe passage of it
a which 1 have read, though there are minor
points in its details to which my asient
e could never yield.
(> My first objection tlien, is, tliat reason..
able conjecture can even approximate the
0'r as'afi' 'iWyM/STfrf-t* cnlirtJH 'aVriii
agent, make any bargain so loose and illj*
definite. I have said I take it as granted
|)t tbat tlio most direct practicable route
HI would Ik? pursued ;^^ut by tbe terms of
tbe bill there is to prevent this
" road making a civilizing sprawl from tbe
^ mouth of the Ohio river, via the great
American desert, down to the Camauche
f sctlleiuent, and from thence hack to that
I point in the Koekey Mountains where the
senior member from Missouri (Mr. Hen
ton] insists that "Colonel Fremont's mule
died, hut not his men, and not of cold."
0. Again, it is verv well understood that
(ir the city of San l* ran cisco and the point
Ik, where the Oliio empties into the MisstssipH
pi river, are to be tbe leriuitii of the road
it should it ever be built under this bill.? I
|lo Now, sir, it so happens that a line run
u? from San Francisco to the mouth of the
0f Ohio river is the very longest air-line
t0 which can be run from the city of San
o- Francisco to the Mississippi river, any
where from St. Paul, in the Territory of
(y. Mmesota, to Hatou Kongo, in the Stale
cf of Louisiana. What will justify me, as
ri| one of the trustees of tbe public interests,
o in granting alternate sections of land upon
os ibis vriy long line, estimated to be at
y, least two thousand miles in length, when
iy by giving to tbe road a different location
H| 1 can reduce its length, and liasteu the
io completion of the woik, secure a route
which is comparatively unobstructed?
altogether so by ice and snow?and at
u au infinitely less cos. ol Government land*
j9 than are to be transferred and relinquishe
ed by this bill. I hold that, in so great
I an en .erprise as a connection between the
>0 Atlantic and Pacific oceans, it is truepat|#
riotiism to disregard all sectional interests,
n_ and suppress all sectional feeling. 8ecaf
tioual jealousies are the bane of national
,,j as individuals j? ilousies are of all local
a, advancement. From the operations of a
v road to the Pacific, good enough will aoRl
crue to every State in the Union propri
i unto mo i#vor ??i i'iicu ; ami u is unmanly
t|, ! ami illiberal to wrangle over the relative
,1 value ot the different share*. In so great
,r. an undertaking, our choice of a route
9,1 should he determined by no other considorations
than its feasibility and cost, told
gelher with our authority to aid in ita
|,, completiou in a way, and by the means
ic ' l?roj?o?ed.
is, 1 hav?- remarked thai, in mv judgment
id there wan a material difference in the
in powers of Congress over such parts of the
'e- public domain as lie within State and in
li Territories; and it strikes lue that the
p- power to donate alternate sections of the
:>y public lands which lie in the Territory of
or New Mexico may be derive^ troin the
is, tenth section, first article of the Consiliums,
tion, which authorizes Congress "to proto
vide for the common defence and general
to welfare of the United States." I have
te shown that the rapid communication over
thh road, with the most distant portion
y, of our country, would add more to the
p- "ootmnon defence" than forts, magazines,
he and arsenals, and at a coat infinitely less
at than would be incurred by the wtabliahits
mcnt of (tout defenses, with all their span
pliuuces of men, munitions of war, sml
ir- military stores, on such a footing as will
bo promise reasonable security to persons and
rot property.
Tl'e authority may also be derived from
the power of Congress "to regulate commerce
with foreign nations and among the
several Stales," under which power Congress
has ebtablished light-houses, beacons.
buoys, harbors of protection, and
public piers; and with reverential respect
for the great author of the argument, in
the celebrated report on the memorial of
the Memphis convention, I submit that
the argument more justly applies to tho
donation of lands in tho Territories towards
the construction of this road, than
it did to the improvement, hy authority of
Congress, of the navigation of the Mississippi
ri\or.
The d.stance from the Atlantic to tho
western boundary of Tex;is is estimated
to be about sixteun hundred tniles. In
this direction railroads are in successful
operation as far as Montgomery, in the
State of Alabama. Two companies have
been chartered to continue this line
through Solum, to the eastern boundary
of Mississippi, both roads having beeu
surveyed, and one is progressing uuder
contract. From this poiut the southern
railroad is chartered, a part of it built,
and the residue uuder coutract, the State
of Mississippi having guarantied a bonus
of four hundred thousand dollars towards
its construction.- A road has been many
years in operation from Jackson to Vickshurg,
which, including a section east of
Jackson to Brandon, is sixty miles long.
From Vicksburg to the Texas line the
Vicksburg, Shreveport, and Texas road is
chartered, and stock taken to the amount
of $800,000 by the State of Louisiana.?
Other stock, to the amount of $960,000
has been taken by individuals, parishes,
and the city of Shreveport, giviug a present
reliable capilaloof $1,700,000 to that
road. It is thus perceived that the eastern
boundary of Texas is reached l?y a
comparatively straight line of railroads
completed, or in progress of completion
by individual and State enterprise, and
all lying between the thirty-second and
thirty-third parallels of north latitude.
The Legislature of Texas, as if anticipating
a connection between the two oceans
by raidroads, and also their locations, have
1 ? " *
land per mile for the construction of a
road through that State from a point on
her eastern to her western boundary, in
the direction of Rt Basso. The length of
the road through Texas is estimated to be
seven hundred and fifty miles?the lands
granted upwards of ten millions of acres
which will be worth, at a reasonable valuation,
when the road is finished, five dollars
per acre?giving the handsome sum
of filly millions of dollars. Now, if we
estimate the entire cost of this road at forty
thousand dollars per mile, ^whick is a
high estimate,) hut thirty millions of dollars
of its rcsourcos will have been exhausted
in its construction. This will
leave twenty millions of dollars to cover
accidents; none o-eur, may he applied in
aid o' the extension of the road to the Pacific
ocean, a distance of six hundred and
filly miles from the western verge of Tex
" If 1 e t -
h-. now niueu oi trie remainder ol too
line lies in the State of CalifdHtia, (to
which section I am unwilling that the Federal
Government shall make any contribution
towards the construction of a road,)
or how much of it lies within tho Territory
of New Mexico, (to which I am wining
that the Government shall make liberal
and even munificent donations,) I have
been unable accurately to ascertain, but
am inclined to think that one hundred
And fifty miles will reach across the southern
extremity of California.
Liberal donation* of lands in New
Mexico will be greedily accepted by some
one of tho companies before mentioned?
inost prol ably by tho Vicksburg and Kl
I'asso company, or by combination of
companies?and thus a railroad communication
be Boomed from the Atlantic to
the eastern boundary of California, somewhere
near the confluence of the Colorado
and Gila rivers. When a road is there,
the necessities ef commerce and self-interest
will perfect tho connection between
the two great oceans. The work is thus
accomplished by private enterprise, and
all ex(>ericnce teaches us that any work
thus performed is always better, and sooner
done, than if undertaken by the Government,
which is uniformly plundered
whenever it becomes a contractor. All
Government patronage and ita corruptions
are thus avoided, and security given
against profligate extravagance.
Among the other reasons for donating
lands in the Territory cA New Mexico to
wan Is obstructing a railroad between
the thirty-second and thirty-third parallels
of latitude, nlnd those which are oogent,
in ths fact that it will be adding a
necoassrv link to what i> to Im>
come a continuous line; tlist it ? probable
such donation* will give impulse And
energy to the individual and State enter- *
prise upon this line, which the want* of
the country urge to a speedy establishment,
and in the comforting possibility of
its relieving the Congress from the ntttnerons
applications tor the donation of
lan<'a which lie within the limits of difiar?
ent States.
Another consideration In the toeitfo* ef ,* ;
this road, and one of great men teat, is, that
we aretcl he Mormons e sect toward
which the religious rent I meets of the sew*
try will never he rseeeeilwt, and wMah to
[ destined to be the fruitful eeuiee <4 te*i
9 9