Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-03-30

ginal-a first government within liseI
The old confederation having possesst
not One.-nOt even the frsi-IaculIy Of
government: acting as it did, never
men, but Siates;an dependent, az II Wi
on IvolilIon solely for obedience. III
ceding Statcs-lhe States to which III
cessions, we're made-all the parties
the CessiOns, mere alike, parties 10 tn
constitution. Their objects in is adoF
lion were the same and, as The confedeI
alton was dissolved in that very ACT,
read djuStment was necessarily made o
their relative rights and interests equally
in the lands as in every thing else. FO
these reasons it was that congress, by al
express grant in the constitution was au
Lhor'zed 10 "dspose of The public lands,
grant amounting in itself to a CessIor
anew-tO a constitutional cesslon-O
whatever right or reversiUn title or trusl
in the lands, the States might have held
prior 10, or during the confederation. And
sir this new cesSIOn If not The old, is up
ON the face of it, incOntesably absolute
For il moi so-if, Us is pretended, upon
The contingency Of having discharged the
public debt, The remaining lands, or their
proceeds were TO he diverted to paric.
ular object (as 10 distribution among the
SIares,) anu that object too, not otherwise
within Ihe powe: OF Congress, why was
not such object declared? Why was the
grant Of power not made commensu-
rate with ii? Why were the lands-lhe
whole Of the lands-ConIounded with all
other public property, and made subject
expressly TO the sPpe power, as they
certainly are by these words of the con-
stitutiOn: "1he Congress shall have pow
er to dispose of, and make all needful
rules and regulations respecting the Ter
rilory or other property belonging t" the
United Sates.' This Is The single clause
by which Congress has power over the
lands, and equally applicable is it to all
public propery.
Ii then, il be said (and so it has been)
that this power is, upon lis face, unlim-
lied, anG that, therefore, although Con
gress has no authority TO distribute reve.
nue. ge leraIly, it may yet apply the lands,
other property, or their proceeds in dis
trl ution to the States: my answer is
that, The power is unlimited only within
The orbit of The constitution. 10 any
object which is itself, and independently
of this particular power, within that or
bit, The application may be made, but 10
none other; beyond The constitution Con-
gress cannot 60, in reach of a new OBJ
iect for the application of this fund; nor
can it draw such an object within its own
action, by connecting It with others alrea-
dy there.
And of this, the reason is pIan.-
Throughout The constitution there run two
distinct classes of powers--rhe me pre-
scribing The objects 10 be executed; The
Dther providing the means of execution.
In the former class, The Ohjecrs ar. few
and express, in order to confine the action
IF the Government within definite limits.
In the latter, the means are by the form
If the grant, necessarally general, yel
limited in fact by the Objects expressed in
he former; because The object in view
must ever precede, and afford the sole rea.
ION for at all resorlng to means. TOthe
econd Of the two classes belong the gen.
'ral powers''io lay and collect taxes" "to
'orrow money" and The "djsbose Of and
make all needful rules and regulations r.
pectng The territory, or other public
property" The objects TO which the pro-
eeds arising from the exercise Of these
overs may be applied, are, elsewhere i,
he constitution, expressly numbered; and
he discretion of Congress In making the
ppIcaton is limited to choice between
he objects so expressed. II, therefore,
he distribution of the revenue, or of the
roceeds of the public properly, or of the
roperty in kind, be not itself an object
xsting in the constitution, independents.
: of the powers to collect revenue, TO
orrow money, and to dispose Of the pro-
erty, it exists not at all. The power TO
nise means BY taxes, loans, or the sale
{ properly, was left discretionary as 10
mount, for no other reason than because
ne sums necessary TO execute the
xpress ohiects 10 which those means
'ere TO be applied were contingent
nd therefore, not to be foreseen. But
le number Of those objects being known
nd limited, imposes a check upon the
xercise Of this discretion. II can be ex'
rcised no further than those objects, as
hey arise, are seen TO require. The
neans are limited by The end. So like
rise isthe selection of The particular one
Ut Of the objects in the. execution Of
Ihich the means are to be applied, left
, the discretion of Congress; because
choice between these several objects
lust depend upon the ever changing and
nforeseen exigencies Of Government =
'ut here, too, this discretion is limited to {
le number of enumerated objects, among I
hich the choice must be made; and ha' t
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