Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1842-05-07

| Constitution merely a1irms the power grow in.
out Of the deeds Of ccssion. 1t the time 81 ta'
adoption of the Federal Constitution most Of th'
deeds OF ceasion were ~ existence and IN tu'
Io.cc, and the crown lands, or, ~ other words
The eminent durnlIn proper of the United STATES
was subject TO The action of the Confederation
These facts were well known 10 the members @
the Convention that formed the Federal CJustl
rution, and provision for the disposition Of bosi
classes Of lands was made IN that instrument
the rested in contract between the ceClGl
States and the States that comprised The Contej
e "a tom the other class the property and ter
/ ritofy of The UnIted States. obtained from ths
crown Of Grea, Britain by the treaty Of peace
al the close of the Revolution. To provide fol
he first class Of lands, the Convention merely
inserted a clause in the Constitution maintaining
the obligatory force Of the deeds OF cessIon. -
The clause is as follows: "Al dehls coutracfej,
and enga genents entered into, before the ado
ton of this constitution, shall be valid agaInS
the United States under this constitution, as an
der the Confederation" Among other cagf2c
naents'' entered into before The adoption OF The
/ Federal Constitution those arising under
and out of the deeds of cession. 50 tar from the
Constitution repudiating those engagements. as
/ has been contendc9, they were expressly proyid-
ed for under the clause Of that instrument W hlct
have read. The other class OF lands, IncIud
ing tho whole eminent doman. however and when
acquired, manifesiiy IN the eve Of The
Convention when the trainers OF the Constitution
provided that .lhe CONGRESS- SHALL. HAVE POWER
To DISPOSE OF and make ali naeJtuI rules and reg
ulations respecting the TERRITORY OR OTHER
PROPERTY belonging to the United States; and
nothing in this Constitution shall he construed
to prejudice any cttim Of the United states, or
of am particular State" Here the power Of
dispositions Is ample. pIenarv, aud unconditional.
aud its exercise, and the hects to which 1t shall
be applied, are left solely to Congressional dis
cfetiun
Mark the difference in this unconditional power
Of disposition of the territory Of the United States,
Inferred by Ibis section oil the C3nstIiution, and,
The section relative the levy ot imposts, taxes,
aud excuses: ''The Congress shall have power to
lay and coIec: taxes, duties, imPosts, and excuses,
to pay The debt and provide for the common dc
fence and general welfare of the Unted States"
Hero the objects and uses To which the power
shall be applied designated by the cause at
the Constitution creating the power Not 50 IN
tho other case; the naked aud unconditional
power IS ivcn of disposal, without any other re-
striction than Congressional discretion. This
construction is sud to he dangerous, because It
leaves too much to Congressional dtscge ttoG -
The Senator from New York Iaborcd that point
Yesterday; but | was unfortunate as not II feel
the force of his remlrks. as specially aPP,icahIe
TO the express power under consideration. The
same objection would lie to every other express
power in the Constitution. Let examine some
Of them, and see If the vitality Of the power It
self does not almost rest upon Congressional dtS
erection. Congress has power ''to borrow money
the credi, of the UuIted States."-iinw mgeh
money? when and whore shall the loan be obtain
cdl n, what interest? for what time? 10 coin
money and regulate the value thereof" What
kind of money? how much shall Won com? where.
and when? of what metals? what shall be The
value of piece Of coin? what weight size
shall each piece be? how You to obtain hui-
lion? what ALLOW shall the STANDARD OF the precious
metals contain? can Won protect the com by the
pun, shment of counterfeiters? If So. hv what pen
allies? Tho power To declare war Against
what nation, and for what cause? Inc power''to
raise and support armies" OF how many men
must the army be compozcd-a single company
thousand brigad5s? what boun1Ies can YOU
enrol your men-fur one day or Tor life? where
shall the army be stationed and when di-h1nded?
how organized, Drilled, and unlto5med?-Ih pow
er 'to establish post Offices and post roads."-
How MANY offices YOU establish? how many
and what roads? what shall you pay for mail IA
cilites2 what shall be the rate Of postage? what
shall be the penalties for obstructIn0 or robbIug
the mail? The power to lay taxes" For what
cause? upon what or whom shall the tax he lc
Wed? how much can YOU levy? can YOU interfere
with thus right on the part ot the ; atet II So,
TO what eNtent2 might pass in this manner
through the entire express decorations Of power
and show that Congressional discretion IN each
case Is lnst Unlimited is the power over the
public lands. The power IS given. and upon Con
gress is dovolyed the duty Of exercising the pow
er according to sound discretion. This dIsCre-
ton had to be lodged somewhere; and vhcro 50
safely the hands OF The Representatives Of
the People could it be piaced'
will now proceed 10 inquire what his been
The legislative construction given to the Hroyis
ions OF the Constitution which | have read. !
have here ooFc, when advertiog 10 thls argument.
dealt too much IN generals; Al this tlmo viii re
fer 10 the action Of each Administration Of the
General Government. since lis formatinn IS con
clu>lvo evidence Of the Congressional recognition
OF the power the public lands for which
contend. | shalt present single case. or, at
most few out of the many that migAt be
read under each Administration,
Gen Washington. on the 3 March. 1903 ap~
proved and signed An act II authorize g-au'
Of lands TO the French inhabitants Of Gaiitpoi,s,
her nod