The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 189
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CONGRESSIONAL GLOBE.
moved so to amend the first section as to have the
lands reserved from sal#, instead of appropriating
them now.
He moved also to strike from the first section of
the bill (including the amendments heretofore made
on the suggestion of Mr. Walker, providing that
the improvements shall be kept in repair by Wiscon-
sin when it becomes a State, which-shall impose no
greater toll than is necessary to keep the same in re-
pair) the following:
"The said rivers, when improved, and the said
canal, when completed, shall be and forever remain
a public highway for the use of the Government of
the United States, free from any .toll or other charge
whatever, for any property of the United States, or
persons in their sgrvice, passing upon the same."
Also, to strike out the following?"
"Sec. 3. And be it further enacted, That the topo-
graphical engineers, under the control and direction
of the Secretary of War, shall cause the said im-
provement and canal to be constructed in such man-
ner, and upon such plans and estimates, as shall have
been previously prepared and submitted to the said
Secretary, and approved by him: Provided, The en-
tire cost to the United States of the said work shall
not exceed the value of said lands hereby granted."
Mr. TALLMADGE said if the object of the sena-
tor's amendment was to reserve the alternate sec-
tions from sale, he would only say that those who
were the special friends of the work did not desire
that the lands should be reserved from sale. They
wanted them to be sold. He suggested whether it
would not be better to leave the section as it was—
that is, to appropriate the lands, instead of reserving
them. If it was the wish of the senator to reserve
from sale these alternate sections belonging to the
government, he had no objection.
Mr. WOODBRIDGE suggested that all the
amendments intended should be proposed before any
of them were adopted.
Mr. TAPPAN withdrew the amendment propo-
sing to reserve the lands from sale, so as to leave the
word "appropriated" in the section.
Mr. TALLMADGE said he should then have
S3© objection to the amendments of the senator
from Ohio, in that shape; though, at the same time,
he must say that he preferred that the third section
should be left in.
Mr. WOODBRIDGE (one of the members of the
committee who had charge of the bill) said he had
assented to it as it was drawn up. He preferred that
the land should be at once appropriated and sold,
and the work commenced. He believed not only
the interests of that section of the country demanded
.it, but the interests of the whole Union. He main-
tained that, instead of this grant of land being a loss
to the government, it would be a gain to it. It
would enhance the price of those lands contiguous,
and secure their settlement. He spoke at some
length of the heneficial effects of other grants which
had been made for like purposes; and concluded by
expressing a wish that the bill would be permitted to
pass as reported.
The question was put on the amendments; and it
was found that no quorum had voted.
Mr. TAPPAN then stated the effect of the
amendments he proposed. It was to suspend the
making of the canal for the present, and until the
State of Wisconsin was enabled to prosecute the
work herself with the means which the sale of those
alternate sections will afford to her, which he con-
ceived would be ample. The alternate sections be-
longing to the government, which wouldbe reserved,
■would sell for as much as the whole of the land
would, if it was sold now. He supposed that, if
senators were satisfied from what he had heretofore
said on this subject, that the best and most econom-
ical mode of executing the work would be by the
State of Wisconsin, they would vote for his amend-
ments; but if they were of the opinion that it would
be better to employ the United States board of to-
pographical engineers, and prosecute the work now,
they would vote against his amendments.
Mr. TALLMADGE said he agreed with the
views expressed by the honorable senator from
Michigan, [Mr. Woodbridge,] and would prefer to
have the 3d section retained, if it met the views of
the honorable senators. He believed it was better,
as soon as the money was received, to have it applied
in the manner mentioned. But, to accommodate
the bill to the views of other gentlemen, he prefer-
red rather to yield the 3d section than to have a dif-
ference of opinion. He thought it the best policy,
Wider the circumstances, to take the bill in that
shape; though he believed that, as it was reported, it
was the most proper one.
Mr. WOODBRIDGE said that, on the score of
expense, he accorded with the views expressed by
the Senator from Ohio, [Mr. Tappan.] He be-
lieved that to have those works constructed under
the superintendence of the general government, was
the most expensive mode. But he found, by look-
ing at the bill, that the expense was limited to the
means arising from the lands to be sold. Whether
those lands will be sufficient, there may be some
doubt. As to the manner in "which the work
would be executed, he believed that the gentlemen
of the topographical board who would be placed in
charge of the work (if executed by the general gov-
ernment) were too much devoted to their own repu-
tation as scientific men not to have the work well
done, though it might not be acceptably done.
There was no country on earth which could boast
of men more scientific than could be found in that
corps. If there should be any error at all, it would
be that they were too regardless of expense. But,
as it was a national work which was proposed to be
constructed, to subserve the great purposes already
alluded to in debate, the expense attending its con-
struction now should not cause a delay in the prose-
cution of the work, especially as the general govern-
ment defrays no part of it. But, as his friend, the
senator from New York, was willingto accept the
bill as proposed to be amended, he would withdraw
any objection.
The question was then put on the amendments;
and they were agreed to.
Mr. KING said, if the object of-his friend from
Ohio was to reserve the land from sale, it would not
be accomplished by the bill as amended. He under-
stood that that senator's object was to reserve from
sale the alternate sections on the line of the canal,
two miles broad, so that they should not be brought
into market until the Territory was admitted as a
State into the Union—the lands then to be disposed
of, and applied to that object. The bill, as it stooctt
then, would not accomplish his object, for the lands
would still be sold.
The CHAIR said the question had not yet been
taken on striking out the 3d section.
Mr. KING said he was not aware of that.
The question was then put; and the 3d section was
stricken out.
Mr. KING continued his remarks on the advan-
tages of withholding the lands from sale until the
lands contiguous thereto were settled.
Mr. TAPPAN saw no great advantage that could
result by withholding the lands from sale, when the
price at which they may be sold is fixed.
Mr. SEVIER made some remark not distinctly
heard.
Mr. TALLMADGE saw no advantage in holding
the lands up from sale. The price was fixed; and*
the purchasers were ready to take them now, at th™
price, the government can receive the money and
part with that belonging to it, for whatever purpose
it pleased. He thought the section was better as it
stood.
Mr. KING said if the lands were sold under this
bill, there was nothing in it, from the beginning to
the end, which would prevent the commencing of the
work to-morrow, under the superintendence of the
government of the United States—that is, to prose-
cute it while'Wisconsin remained a Territory. He
understood that it was the wish of the honorable
senator from Ohio to prevent the prosecution of this
work until Wisconsin became a State. There waa
no restriction to prevent the application of the money
to the work.
Mr. TALLMADGE said that the 3d sec-
tion, which was stricken out, was the one which
directed the government to go on and make the im-
provement.
Mr. KING said that section made it imperative
for the government to prosecute the work; but the
Ml, as it then stood, left it discretionary with the gov-
ernment officers to do so. There was no restriction
in it whatever, and they could commence the work
so soon as any of the lands were sold.
The CHAIR made some remark not distinctly
heard.
Mr. TALLMADGE said he was desirous that the
lands might be sold. The objection of the senator
from Ohio was as to the application of the fund,
and not the sale of the lands. The proceeds of
the lands can be received by the government, ana
held in trust until the Territory shall become a
State.
Mr. HAYWOOD said he made no apology to the
Senate for what little time he should consume si
expressing his views on a bill of so much import-
ance as this. He considered it, indeed, time spent
in the discharge of a duty, and no such apology
was ever due to or from Senators. He was against*
this whole bill; and should move, before taking his
seat, to postpone it indefinitely; and, on that motiop,'
he would call for the yeas and nays. He "wanted,
to find out what had become of those eloquent ad-
vocates of the land distribution act, (amongst whom
he saw some advocates for this bill.) He wanted
to know whether they could, after persuading and -
convincing so many of the people of North Caro-
lina that those lands belonged to all the States, till
sit by and avail themselves of the suspension of
that act as a fit opportunity to give away the public,
domain by millions and half millions, and no voice
be raised against it.
Gentlemen sat there silent, or discussed, or rather
talked about disposing of 500,000 acres of the pub-.
lie land, as if it were a small plantation. He re-
ferred senators to the bill. What was it' It was.
a proposition to appropriate—God knew to whom
—for the purpose of the construction of a canal. '
What? Not the alternate sections Of land which s
that canal was to go through—not that which,
would be improved by a little piece of canal, "which
it was said was so easy of accomplishment; but it,
was a proposition to give alternate sections—two
sections deep—from where? From one end of the
canal to the other? No. Nor was it half of the
land which was to be improved; but alternate sec-
tions from the mouth of each river to the point "at.
which the canal was to join the two! Did gentle-
men know how much that was? Those who were
in favor of ceding the public domain to the States
and Territories where it was located, were consist-
ently prepared to vote at all times blindfold for
such cessions of any part of the public domain.
Was it to be so with those who did not concur in'
that doctrine?
He distinctly challenged the senators who had
passed the distribution bill—who had so strongly in-
culcated the doctrine that the public lands were the
property of all the States—to come forward and de-
feat this bill, or else to retract their past declarations,
and repeal their past legislation. By name, this was
a bill to cut a canal; but it was, in reality, a cession,
covertly made, and one of the most ingenious modes
of "whipping the Devil around the stump" he had
ever witnessed. That this was the true character of
this bill, if it were (as was insisted upon) regarded
as a bare appropriation now, to be expended hereaf-
ter. He next insisted that this bill was, for another
reason, erroneous in principle; which, as a senator,
he had no right to pass. The power to do it was
not denied; but the right or propriety, under the
constitution, of Congress appropriating lands or
money to an improvement m the Territory, be-
fore they had inquired into, and determined
upon the improvement and its execution,
he earnestly questiqned. Such appropria-
tions were unwise, and contrary to right. First
convince the Senate that the work ought to be done,
and how, and then let the Senate pronounce in favof
of its execution. After it, and not before, appropri-
ate the money or land to pay for it. He thought it
was unwise to bind the hands of those to come after
the present Senate. If "we are not ready (said Mr.
H.) to assume the responsibility of ordering the
work done, we have no right to appropriate the
means. Such a course is not to be defended upon
any just views of constitutional propriety, by reason
of the jurisdiction ol" Gongreso oyer tlfe Territories.
Such a course is but an indirect, and therefore mora
indefensible method of cedingway the public domain
against the rights of other States, contrary to the acf
of distribution, and in violation of the position
assumed by senators who passed that law. If sen-
ators propose a work to improve Wisconsin by cut-
ting a canal, let the improvement be first planned and
then approved by Congress; and let the appropiia-
tion follow, not precede it. And when they do the
work, let them sell the land and raise the money be-
fore it is appropriated.
He had another objection to this bill. He did
not know how much land it proposed to give—he
could not guess. He could'not sit dov.nand find
it for himself; for he did not know how long this
river was. He did not know "whether the bill pro-
posed to cede 500,000 acres, or 5,000,000; but he
knew this—that if he should vote to pass that bill, he
should vote to part with a large amount of territory;
and he would be unable to tell with certainty whether
h$ parted with it to the Territory of Wisconsin, qr to
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/213/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.