The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-03-25


ing from such disposition as Congress shall deem
i! eXpedent to make of these lands unless there
shall be found some other clause in the Consu
ton i0rblddmg this construction, which have no
been able TO discover, lttO.lows from these views
that the proceeds Of the lands not included in the
deeds of trust may be distributed al the direction
of Congress, upon any object and in any way tl
manner not prohibited by the Constitution, and
that it is within the constitutional power of Congress
to distribute the proceeds Of these lands among the
States in Just and equal proportion"
! Here is L construction laliludinous enough for
the rankest l'ederaist Of the Hamilton school,
! The argument ends in the assertion of the prnci-
pie, that Congress may give away the mOHcy OF the
United States and such is the principle intended to
be reduced to practice by this uCtA strict construc-
ZIONIST, if il were possible for him to come to the
conclusion that power 10 dispose Of' the pub
llc lands, was equivalent 10 power to girC them
array, Chat beng only one mode Of disposiag Of
them, would still say TO Mr. Smith, "Hqi is not
The question: lie would say, that "Sclliac the
lands is just as much disposiag of them as giving
them aw0y, dispJsiag Of them by rule, the grant
OF power in the constitution is exhausted. Moth
ing Isell for Congress to do under that gunl:hey
hare disposed Of these lands--lhis property Of the
Uaiicd States; the power has been exercised, the
proceeds orthe sale, uiM HE moRCy, is another
question:
Mr. Smiths bill was not a bill to dispose of the
public iaRdS. They are disposed of uader tor
mcr larS and this bill cannot take effect until the
disposition has been effected and the moacy pai3
into The Treasury. Upon what principle is it then
thu he stretches the provision quoted to cover his
bill Only upon the principle, that pHbIic money
is "prOperiy Of The Taiic{ Siaics" and may be
disposed oi-thal is, GIVEN AWAY at the pleas
IRE of Congress, OjSerre! it is not public limits
but pujiic money, which this bill proposes to give
to the States; and il is attempted to be defended
only on the ground that pGJlic money is pgiA:
property.
Well, is the money received far the pujiic sales
of these lands any more PuJiic prOpejiy than the
money putt TOR MCm! And was MGt any more or
less public property than any other moneys by
taxes duties, mposts and excuses, 1t is an insult
to common sense to say that one is any more pub
lie property than the other
Mir Smiths doctrine, therefore, leads to this re-
suit; The public money is "Me property Of The
Eniici &l's;" Congress has pow er 10 dispose of
the territory and otter property Of the United
States; giving away property is disp0Siag Of it;
therefore, Congress has right TO gire array
Ike FHtiic money. Thus is the Treasury laid open
10 Congress, who may dispose ofcoun,ess millions
Of the peoples treasure BY giving and pal
Ilang the act by quoting provision Of the con-
siiuton which was never intended to authorize
The disposition Of moneys in the Treasury, from
whatever sources drr'ed, but only to make sale
or transfer OF the territory or other property Of
the United States N such manner as shall be
most conducive to The interests and prosperity OF
me "hOle mon Air smith coAIoundS together
the disposal oil the pN5|!c iaafs, and the dis
poSal OF me @oacgs rilch arise Jroa tcF
Saie5, which are very different things, which do
not necessarily involve the same principle or de-
pend on the same provision OF the conSilluiion.-
That the phrase dispose of Is not SYNONYMOUS
with "sa.l,' we ARE ready to admit That ii
means 10 girc array 10 the extent now asscred,w
utterly deny. The grants to soldiers IRE in the
nature decomposition for their services, and rest
on the same principle us compensation IN money
Grants fer roads aud schools increase the NaIne and
expedite the sales OF the remaining lands Grants
for other internal Improvements may or may not
have the sline effect so long as this species Of
disposition Is confined TO the obnc. Of Increasing
Tie r0ipc cm crPciiiRg The saIeS Of tie puJhc
property, il is doubtless constitutional and proper.
But because Congress may give away one acre TO
make hundred more valuable, does it follow that
they may properly give away the whole hundred !;
To assert such principle is 10 mistake the means
for the end; it is 10 prrvert th1 means provided by
the constitution for the purpose Of accomplishing Il
particular object. As means Of making the pubic
lands more valuable and oXpGdilng the sales, Con-
gress is allowed TO give away portions Of them for
roads, schools, &c, and this power is now extern
ded to gire item Gwoy altogether!
We know that Whissm in roris denies the
power of Congress to assume the State Debts or
give them the moneys arising from taxes, duties
imposIs, or excuses. Let US see TO what lis nets
lead upon the principles inserted to sustain the bill
Congress cannot, say the Wings, give the money
arising from Custom House duties to the States;
bat they may buy land with that money and this
land, being property of the United States, may be
disposed oi that ia, ririag 10 he States uHcoa{i-
HyaaIIy. 70 what does this conclusion lead -
The United States formerly owned 81. OOO, eco in
bank stock; this was propcrtp, and such as mirhl
have been diiposciof'by giving it to the States.
II was proposed mt the late session Of Congress to
borrow : 10 900, 900, and buy stock with i in the
Fiscal Corporation, and this stock being pyoycrir.
mirht have been dispo,c4 off, Ly aiyinr il 10
the States. We'll. suppose the Uniied states were
TO buy State stocks. would they not be " proper-