The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-03-13

our Constitution which assigns domestic interests
and affairs 10 local administration. Sir, we have
only a temporary jurisdiction, and Temporary
estate in the domsin--both of which are,of orief
duration, and comparatively yalueless. The re-
version of both belongs to the States, .nd Is IN
fnitely important TO them. IL is not until that
reversion has taken place that the domain really
begins to contribute to the wealth and strength
Of the whole Republic :,
Nor am greatly embarrassed by the oDJecuon
that the new States would derive an unequal
share Of the benefits from what is Justly called
common estateD If all the public lands lying
within their limits we're released to them, they
would still be inferior to the older States in the
advantages of capital, labor, and commercial po-
sition Every dollar of revenue which we should
release, would remain within the new States, en-
HANGING their ability to construct channels Oh
trade and to found systems OF education-while
their own increasing wealth and prosperity would
equally increase the wealth and prosperity OF the
old States, with whom they are intimately related
and indissolubly connected.
The Senator from Michigan is alarmed with
apprehensions that the simplicity aud certainty
Of titles would be put in jeopardy, ny transfer
of the public lands to the States But, sir, our
machinery of title, which is 30 perfect, could De
at once transferred TO the States, and they could
economy. which is unknown to US. No one could
defend for a moment the principle that the Fed
eral Government ought to retain the domain, with
all its expenses of administration, for the mere
purpose of comforting titles in it, upon the citizens
Of the States.
The possession of the domain, moreover, creates
relations of landlord and tenant, Of patronage and
dependency between the Government and the
States, injurious to both This has been an in
convenience hitherto unavoidable, and it ought to
be continued no longer than shall be required by
paramount national interest
shall consider Mr. President, very briefly, the
power Of Congress ia the premises. 80 far as the
Constitution is concerned, shall pass by all COM
mentaries and all CLOSES, and take my stand upon
the simple text-"The Congress shall have power
to dispose of. and make all needful rules and reg
ulations respecting the territory and other prop
erty belonging to the United States" The power
of disposition thus conferred is general, unlimited
absolute. Ii is the same power that Congress mas
to dispose of forts, magazines, arsenals, edlhces,
or ships. They have power to sell. They have
power to give. OF course the power should De
exercised in this as 10 sll other cases, for the
best interests of the nation but the discretion OF
Congress is not abridged.
Let us now examine the supposed limitations
in the deeds of cession for the rights Of the
States are secured by the Constitution. There are
several grants which, it has been seen, are ex-
pressed in different forms. 1t is not the form
employed in any one Of the grants, but the gene
raj spirit and effect of them oil, that explain and
define the power conveyed. New York, Massl-
chusetts, and Connecticut, released, by language
broad and comprehensive. They conveyed "for
the benefit OF the United States0
Virginia and other States amplihed, but mani
testify for the purpose of expressing the same
meaning more fully They granted for the use
and benefit Of the United States" and declared
that the estate and jurisdiction conferred should
be considered as a common fund Of all the States,
according to their usual respective proportions in
the general charge and expenditure, and should
be faithfully and bona fde disposed Of for that pur-
pose, and for no other purpose whatsoever" This
language was adopted with reference to the then
existing Articles Of Confederation, under which
the States were charged with contributions for the
support of the Federal Government, which system
was afterwards modified by the Constitution Of the
United States, so as to dispense with contributions
from the States, and invest Congress with power of
taxation upon imposts and of direct taxation, &C.
cording to representative population. Certainly
the terms of these grants were not intended to
confne Congress to disposition Of the lands by
sale only: Because, first, they expressed no such
thing; and because, secondly the political Juris-
diction, well as the right of soil, were included
in the designation of "a common fund"
Again, it would be practically impossible under
any system whatever, to secure equal benefits from
the domain to all the States If you sell the lands
in Ohio, you may divide the svsils between that
State and all her sister States, but the land will
still remain yielding power and wealth, directly
to the State, forever while the other States can
be only indirectly recipients Of such benefits.
What was intended then was simply this; that
whatever disposition Congress should make of the
duuutin, shouid be vde purely national ana I'M
partial. 1t seems to me to mean nothing more,
and the Constitution expresses that meaning fully
II, then, the adoption of such principles as have
discussed has become necessary already or shall
hereafter become necessary, thepolicy would then
be proper exercise Of the constitutional power,
and would fall within the trust rs defined by the
deeds Of cession
This is subject of vast Importance. 1t reaches
across the whole basis of the great empire which
is rising on this Continent, and forward through
all the stages Of its elevation, and of its de-
cline and fall, if it shall not be perpetual. Pos
terty and perhaps the civilized world will review
our decisions in the light reflected on them by their
broad and lasting consequences. May they be
such as will safely abide 80 severe and so impair
tial q scrutiny.