SPEECH

OF

MR. FELCH, OF MICHIGAN,

ON

CEDING THE PUBLIC LANDS TO THE STATES IN WHICH THEY ARE SITUATED.

DELIVERED

IN THE SENATE OF THE UNITED STATES, JANUARY 13, 1851.

WASHINGTON:

PRINTED AT THE CONGRESSIONAL GLOBE OFFICE.

1851.

CESSION OF THE PUBLIC LANDS.

The Senate having proceeded to the consideration of Senate bill 85, to cede the Public Lands of the United States to the States respectively in which they are situated, on condition that the said States shall severally grant and convey the said lands to actual occupants only, in limited quantities, for cost of survey, transfer, and title muniments merely

these bills have received the sanction of the other branch of Congress; others still await the action of that honorable body. These, however, involve no principle at variance with the former course of action on the subject by the Government. On the contrary, they are in accordance with it, and do but carry out in a spirit of liberality well-settled principles.

The bill now under consideration is one of a different class. It proposes a radical change in the action of the Government on this subject, and a relinquishment of the system now in operation. We cannot enter on the consideration of this subject without feeling that a thorough examination and a careful scrutiny are demanded at our hands before taking this departure from principles heretofore regarded as just and beneficial.

Mr. FELCH said: Mr. President, it cannot have escaped the attention of Senators that at the last session of Congress a much greater number of plans for the disposition and management of the public lands were presented, than at almost any former session. Neither can it have escaped the observation of the country that there has recently existed in the public mind a greater disposition than usual, not only to examine into the administration of the public lands, and the manner of disposing of them, but also in some quarters there has There is at the present day no subject, in my been exhibited a feverish anxiety to secure legis- opinion, more important, as connected with the lation of the Government, of an unusual character, duty and action of the Government of the United upon that subject. This anxiety relating to the States, than that which pertains to the manner of subject to which I refer-an anxiety to canvass the disposing of the public domain. The system now present, and devise some new method of disposing in operation commenced at a day when the counof the public domain, has thus been exhibited in try was comparatively limited. Now our territory various ways. In the first place, numerous peti- extends from the Atlantic to the Pacific, over countions were presented to Congress at the last session, tries rich and fertile; and through regions aboundadvising different plans for the disposition of the ing in mineral resources, as well as in the toil-republic domain, many of which proposed to aban-warding wealth which agriculture yields. It has don utterly and entirely the whole system which become now an important system, extensive in its had heretofore guided the action of the Government operations, and mingling itself, in a greater or less on this subject. Public meetings were held in degree, with all the great interests of this country. many portions of the country which had for their In considering this bill, we come to the class of object what is denominated land reform-to bring cases thus presented to Congress, which involve about a change in the disposition of the public do- a total change in the whole system of disposing of main. Senators here, and Representatives in the the public domain, and substituting another. It other House also, presented various plans; some presents, in my opinion, a subject of so great imby bills exhibiting the views of the movers and portance, that I trust I may be excused for calling submitting them for the action of Congress on the the attention of the Senate to some considerations subject; some by resolutions pointing out dif- with regard to it. ferent methods in which the public lands should be disposed of.

The attention of the Senate at the last session was bestowed upon many bills bearing upon this subject. Lands were granted to the pioneer settler of Oregon. Bills proposing grants for the purposes of education, and for roads and canals running through portions of the public domain, received the favorable action of this body. Some of

What, then, does this bill which we have before us propose? It proposes a series of changes, which requires us to abandon utterly and entirely all sales of the public domain, all sales of the public domain, and the management of that domain under the present system, and which involves the ceding of the public domain to the States in which the lands lie. This bill, however, does not rest here. It not only adopts the principle of divesting the United States of the

public domain, and the management of that domain, tion shall receive the favorable action of Congress but it goes further; it annexes to this disposition of || and go into operation as a law, its first effect will be the public lands-this grant of it to the States- felt in the financial department of the Government. certain conditions, which require the careful atten- The source of income into the Treasury from these tion and scrutiny of every one who, in public po- sales will be at once cut off. The importance of sition, is called upon to act on this subject. The this source of income should not be under-estibill now under consideration proposes to grant to mated. It is found in all the reports from the each State all the public lands lying within its Treasury Department, from the first land sales to limits; and this upon several conditions, one of the present time, and uniformly as an item of no which is that none of the said lands shall vest in minor consequence. But, in order that we may either of the States until the Legislature thereof see how it has mingled in the financial affairs of shall enter into a compact between such States and the country, and its comparative importance, I the United States-first, that such State will grant beg leave to refer to official statements on the suband convey the land so ceded to it to actual occu- ject, contained in the public documents. pants only of the land to be conveyed, in a quantity to each occupant not exceeding one hundred and sixty acres, or a quarter section, and this tract shall be granted to the landless only. The second condition is, "that the land so to be granted to any such occupant shall be and remain forever exempt from forced sale, extent or levy, execution or decree, from or by any court of law or equity.' The third condition is, that every such grantee shall be forbidden to sell or convey such land to any person or corporation who owns, or would thereby become the owner of, more than one hun- || dred and sixty acres.

And, again, the law of the State within which the land lies shall require an actual residence upon the land of not less than one year before the title shall be conveyed to the settler. The general features of the bill involve, first, the divesting of the United States of all its interest in the public domain, and, secondly, the granting of the lands by the States to individuals on the conditions which I have named.

Mr. President, I do not undertake to say that the present land system is a perfect one, or that there are no new provisions which should be ingrafted upon the laws that relate to this subject. I make no opposition to the broadest liberality on the part of the General Government to the States within which these lands lie. I could not urge such an opposition without violating my own sense of propriety. That one Government should own the broad domains within the limits of another Government, is an anomaly which, in ordinary cases, could but conduce to evil. Under our organization, however, such deleterious consequences have been avoided by the wisdom displayed in the administration of the trust. This condition of things devolves upon the General Government the duty of so administering the public domain, as to induce an influx of industrious and intelligent settlers upon it, so as to avoid, as far as may be, everything which could conflict with the free and unembarrassed action of the States in which the land lies—as to secure, in the best possible manner, the progress of civilization and the building up in the wilderness of settlements which shall be flourishing, prosperous, and happy. Any modification of the law which shall produce such results will receive my hearty support.

But the proposition before the Senate involves an utter abandonment of the whole system under which we have heretofore acted. We are now to give away the public domain. It is very evident from the history of the past that we have been essentially benefited by the management of the public lands, and by the receipts into the Treasury from the sales. If the bill now under considera

In the year 1835 the receipts from customs were $19,391,310 59. The receipts from public lands during that year were $14,787,600 75. In 1836 the receipts from customs were $23,409,940 53, while the receipts from public lands were $24,877,179 86. During these two years more than one half the amount of revenue received into the Treasury was from this source. These years, however, do not afford a fair criterion of the comparative income from this and other sources. A reckless spirit of speculation, aided by a paper currency depreciated in value yet receivable at the public offices, operated to increase the sales at that time far beyond the amount which former years had exhibited, or which can again be expected.

Let us look at a more recent period, and one when these extraneous causes did not exist. During the four years preceding the 30th June, 1849, the total amount received from the public lands for the sales of those years was $10,210,409 79. During these years the amount derived from the sales was about one tenth of the entire receipts into the Treasury. Other years might be selected which would present a still more favorable result.

In the year ending with June last, according to the report of the Secretary of the Treasury, the cash receipts from the public lands were $1,859,894 25. During the last two years the Mexican bounty land warrants have diminished the sales for cash, or rather have taken the place of cash in the purchase of lands to a very considerable ex

tent.

Under warrants of this class there were entered previous to the 30th September last, 7,840,440 acres, which, at the minimum price of land, would amount to $9,800,550. These warrants were issued by the Government in part compensation for the services of the soldiers who fought her battles.

But rejecting all these from our consideration, and looking only to the receipts in cash into the Treasury, as exhibited by official reports, we find them to average more than two and a half millions of dollars annually, and to constitute at least one tenth of the entire receipts.

If we look at the aggregate amount of these receipts from the first sales to the present year, we shall find an exhibit equally striking. From 1787 to January 1, 1850, the total amount thus received was $135,329,093 17.

During the same time there have been granted for schools, universities, internal improvements, and other purposes, over twenty-one millions of acres; which, at $1 25 per acre, would amount to over $26,000,000.

It is not pretended that the above is the net income of the sales of these lands, but the books at the Department show that while the total amount