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Speech of Hon. Richard Yates, of Illinois




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Hersteller:Forgotten Books (Yates, Richard)
Stand:2015-08-04 03:50:33

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Excerpt from Speech of Hon. Richard Yates, of Illinois: On the Land Policy of the United States, and in Defense of the West Delivered in the House of Representatives, April, 23, 1852 The House being in the Committee of the Whole on the hill "to encourage agriculture, manufactures, commerce, and other branches of industry, by grinning to every man who is the head of a family, a homestead of one hundred and sixty acres of land out of the public domain, upon condition of occupancy and cultivation of the same, for the period herein specified" - Mr. Yates said: Mr. Chairman: I shall endeavor, in the few remarks which I shall make upon this occasion, to confine myself chiefly to the subject legitimately before the committee. The consideration of this bill very properly invites discussion, as to the whole land policy of the Government. Whether the present policy as to the public lands is to be continued, or whether Congress shall adopt a new policy, are questions which are now occupying a large share of the attention of Congress, and of the country. In the attempt to present my views upon this question, I am aware that nothing short of the presidential question seems to awaken the interest of the committee, and I almost shrink from the effort to arrest its attention, by remarks upon the appropriate business and practical questions which it is our duty, as legislators, to investigate. The constitutional power of Congress to make grants of lands to actual settlers, or to the States, for the construction of railroads, has been denied by most of the gentlemen who have addressed the committee against these propositions. I do not propose to discuss the question of constitutional power at length. If a question can be settled by precedent, then I think that the right of Congress to make these grants may be considered a settled question. When the propriety of such grants first came before Congress, the question of constitutional power underwent a thorough discussion. The greatest minds in the country were pitted against each other, and I believe the power to make the grants was finally conceded by nearly all. Most certainly, it has been repeatedly exercised without being called in question. Grants for purposes of education, to asylums, to actual settlers, and for the promotion of internal improvements, have been made at sundry times, beginning with the administration of Washington, down to the present day. When we have the opinions of such men as Mr. Clay and Mr. Webster, General Cass and Mr. Douglas, and nearly all the leading men of both parties, and especially the opinions of the strict constructionists of the Constitution, including Mr. Calhoun, who was ever jealous of the exercise of any doubtful constitutional power; I say when we have such an array of authority in favor of this constitutional power, added to the uniform practice of the Government, and enforced by the legislation of almost every Congress, it would seem that this might well be considered a settled question. I do not say that precedent is everything, but I do say that the opinions of our profoundest statesmen and lawgivers, expressed after mature deliberation, are entitled to high consideration. The arguments against the exercise of this power, relied upon by gentlemen who have addressed the committee, are presented in their strongest light in the National Intelligencer of this morning, and I will call the attention of the committee to the two strong points taken in that paper, and which I do not consider well taken. That paper says: "The property of ´the people of the United States,´ whether it is money in the Treasury or the public lands, cannot be rightfully used by those who govern our affairs, unless it is done ´in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the co


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