or control? Is it nothing that the domain of so many States should be under the exclusive legislation and guardianship of this Government, contrary to the genius of the constitution, which, intending to leave to each State the regulation of its local and peculiar concerns, delegated to the Union those only in which all had a common interest? If to all these be added the vast amount of patronage exercised by this Government through the medium of the public lands over the new States, and through them over the whole Union, and the pernicious influence thereby brought to bear on all other subjects of legislation, can it be denied that many and great evils result from the system as it now operates, which call aloud for some speedy and efficient remedy? But why should I look beyond the question before us to prove, by the confession of all, that there is some deep disorder in the system? There are now three measures before the Senate, each proposing important changes, and the one or the other receiving the support of every member of the body; even of those who cry out against changes. It is too late, then, to deny the disordered state of the system. The disease is admitted, and the only question is, What remedy shall be applied? I object both to the bill and the amendment proposed by the Senator from Kentucky (Mr. Crittenden), because, regarded as remedial measures, they are both inappropriate and inadequate. Neither pre-emption, nor distribution of the revenue received from the public lands, can have any possible effect in correcting the disordered action of the system. I put the question, Would one or the other contribute in the smallest degree to diminish the patronage of the Government, or the time consumed on questions growing out of the public lands,—or shorten the duration of the sessions, or withdraw the action of the Government over so large a part of the domain of the new States, and place them and their representatives here on the same independent footing with the old States and their representatives,—or arrest the angry and agitating discussions which, year after year, distract our councils, and threaten so much mischief to the country? Far otherwise would be the effect. It would but increase the evil, by bringing into more decided conflict the interests of the new and old States. Of all the ills that could befall them, the former would regard the distribution as the greatest, while the latter would look on the pre-emption system proposed by the Bill as little short of an open system of plunder, if we may judge from the declarations which we have heard in the course of the debate. As, then, neither can correct the disease, the question is, What remedy can? I have given to this question the most deliberate and careful examination, and have come to the conclusion that there is, and can be, no remedy short of cession-cession to the States respectively within which the lands are situated. The disease lies in ownership and administration, and nothing short of parting with both can reach it. Part with them, and you will at once take away one-third of the business of Congress; shorten its sessions in the same proportion, with a corresponding saving of expense; lop off a large and most dangerous portion of the patronage of the Government; arrest these angry and agitating discussions, which do so much to alienate the good feelings of the different portions of the Union, and disturb the general course of legislation, and endanger, ultimately, the loss of the public domain. Retain them, and they must continue, almost without mitigation, apply what palliatives you may. It is the all-sufficient and only remedy.. Thus far would seem clear. I do not see how it is possible for any one to doubt that cession would reach the evil, and that it is the only remedy that would. If, then, there should be any objection, it can only be to the terms or conditions of the cession. If these can be so adjusted as to give or control? Is it nothing that the domain of so many States should be under the exclusive legislation and guardianship of this Government, contrary to the genius of the constitution, which, intending to leave to each State the regulation of its local and peculiar concerns, delegated to the Union those only in which all had a common interest? If to all these be added the vast amount of patronage exercised by this Government through the medium of the public lands over the new States, and through them over the whole Union, and the pernicious influence thereby brought to bear on all other subjects of legislation, can it be denied that many and great evils result from the system as it now operates, which call aloud for some speedy and efficient remedy? But why should I look beyond the question before us to prove, by the confession of all, that there is some deep disorder in the system? There are now three measures before the Senate, each proposing important changes, and the one or the other receiving the support of every member of the body; even of those who cry out against changes. It is too late, then, to deny the disordered state of the system. The disease is admitted, and the only question is, What remedy shall be applied? I object both to the bill and the amendment proposed by the Senator from Kentucky (Mr. Crittenden), because, regarded as remedial measures, they are both inappropriate and inadequate. Neither pre-emption, nor distribution of the revenue received from the public lands, can have any possible effect in correcting the disordered action of the system. I put the question, Would one or the other contribute in the smallest degree to diminish the patronage of the Government, or the time consumed on questions growing out of the public lands, or shorten the duration of the sessions, or withdraw the action of the Government over so large a part of the domain of the new States, and place them - and their representatives here on the same independent footing with the old States and their representatives,—or arrest the angry and agitating discussions which, year after year, distract our councils, and threaten so much mischief to the country? Far otherwise would be the effect. It would but increase the evil, by bringing into more decided conflict the interests of the new and old States. Of all the ills that could befall them, the former would regard the distribution as the greatest, while the latter would look on the pre-emption system proposed by the Bill as little short of an open system of plunder, if we may judge from the declarations which we have heard in the course of the debate. As, then, neither can correct the disease, the question is, What remedy can? I have given to this question the most deliberate and careful examination, and have come to the conclusion that there is, and can be, no remedy short of cession-cession to the States respectively within which the lands are situated. The disease lies in ownership and administration, and nothing short of parting with both can reach it. Part with them, and you will at once take away one-third of the business of Congress; shorten its sessions. in the same proportion, with a corresponding saving of expense; lop off a large and most dangerous portion of the patronage of the Government; arrest these angry and agitating discussions, which do so much to alienate the good feelings of the different portions of the Union, and disturb the general course of legislation, and endanger, ultimately, the loss of the public domain. Retain them, and they must continue, almost without mitigation, apply what palliatives you may. It is the all-sufficient and only remedy. Thus far would seem clear. I do not see how it is possible for any one to doubt that cession would reach the evil, and that it is the only remedy that would. If, then, there should be any objection, it can only be to the terms or conditions of the cession. If these can be so adjusted as to give assurance that the lands shall be as faithfully managed by the States as by this Government, and that all the interests involved shall be as well, or better secured than under the existing system, all that could be desired would be effected, and all objections removed to the final and quiet settlement of this great, vexed, and dangerous question. In saying all objections, I hold that the right of disposing of them as proposed, especially when demanded by high considerations of policy, and when it can be done without pecuniary loss to the Government, as I shall hereafter show, cannot be fairly denied. The constitution gives to Congress the unlimited right of disposing of the public domain, and, of course, without any other restrictions than what the nature of that trust and terms of cession may impose; neither of which forbids their cession in the manner proposed. That the conditions can be so adjusted, I cannot doubt. I have carefully examined the whole ground, and can perceive no difficulty that cannot be surmounted. I feel assured that all which is wanting is to attract the attention of the Senate to the vast importance of doing something that will effectually arrest the great and growing evil, resulting from the application of the system, as it exists, to that portion of the public domain lying in the new States. That done, the intelligence and wisdom of the body will be at no loss to adjust the details in such manner as will effectually guard every interest, and secure its steady and faithful management. In the mean time, I have adopted the provisions of the bill introduced originally by myself, and twice reported on favorably by the Committee on Public Lands, as the amendment I intend to offer to the amendment of the Senator from Kentucky (Mr. Crittenden), as containing the general outlines of the conditions and provisions on which the lands may be disposed of to the States with safety and advantage to the interest of the Government and the Union, and great benefit to those States. The details may, no doubt, be greatly im |