New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-03

oil that is movable in property may be used a. Z
security for credts-snd thst security Is adequate
to supply all the wants OF commerce. The home
Of the farmer, the asylum Of the children Of the
Republic, may be safely reserved and protected.
There remains Mr. President, q third principle,
which think, dem aDds the consideration OF Coa-
eress. which is: That the administratisn OF ths
public lands within the States should be reha-
| pushed 20 them.
It has been sufficiently shown, that the Omitted
States can no longer derive any financial benefit
| from the domain. They can at best hope t. sp-
propriste It to purposes OF internal improvement
and education Experience has taught nothing,
If it has not shown that tho action OF Congress
upon those interests is less judicious and benes-
cent than the action OF the several States. or
all the railroads canals and other works Of inter-
nal improvement-of all the universities, colleges,
and schools, in the country, the States are, almost
exclusively the projectors. founders and patrons
To maintain that the United States can select
such objects and apply the pu6ic lands TO the at
tainment Of them, more wisely than the States
could DO is TO controvert the principle OF our Con-
situation, which assigns domestic interests aud
affairs to local administration Sir. we have only
temporary Jurisdiction, and temporary estate
in the dom ain-both Of which are OF brief duration
and comparatively valueless. The reversion Cd
both belongs to the Statessand is infinitely impor-
tsbt to them. Ii is not until that reversion has
tribute to the wealth and strength Of the whole
Republic.
Nor am greatly embarrassed by the objection
that the new States would derive an unequal
share Of the benefits from what is Justly called
common estate" II all the public lands lying
within their limits were released TO them, they
would still be inferior to the older States In tho
advantages of capital, labor, and commercial po-
siton. Every dollar of revenue which we should
release, would remain within the new States, Gu
HANGING their ability to construct channels OF
trade, and to found systems Of education-while
their own mere asng wealth and prosperity would
equally increase the wealth and prosperity OF the
old States, with whom they are intimately related
and ndissolubly connected. =,
The Senator from Michigan is alarmed with APP
prehensions that the simplicity and certainty Of
titles would be put in jeopardy by transfer OF
the public lands to the States. But, Sir, our ma
chinery of title which is so perfect, could DO at
once transferred to the States and they could ope
rate it with increased efficiency and with econo-
N.Y. which is unknown to Us. No one could dc.
end for a moment the principle that the Federa
Government ought to retain the domain, win all
its expenses of administration, for the mere pur.
pose Of comforting titles in It, upon the citizens OF
the States.
The possession Of the domain, moreover. Gre
ates relations Of landlord and tenant, Of patronage
and dependency between the Government and
the States, injurious to both This has been an
inconvenience hitherto Unavoidable and it ought
to be continued no longer than shall be required
by a paramount national interest.
/ shall consider Mr.. President very briefly, the
power of Congress in the premises 30 far as the
Constitution is concerned shall pass by all conn.,
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 conferredis general unlimited,
absolute 1t il the same power that Congress nas
TO dispose of forts, magazines arsenais, eoinces,
or ships. They have power to sell. Iney nave
power to give. OF course the power snouid %
exercised in this as in all other cases, for the
best interests of the nation but the discretion oil
Congress is not abridged. :.
Let us now examine the supposed limitations
ip the deeds Of cesson for the rights OF the states
are secured by the Constitution. There are seve.
raj grants which, it has been seen, are expressed
in different forms. IL is not the forms employed
In any one of the grants but the general spirit and
effect of them all, that explain and define the
mower conveyed. New.York, Massachusetts and
Connecticut released by language broad ana COM
prebensive. They conveyed "for the beneht oil
the United States go
festly for the purpose OF expressing the same
me aiming more fully They granted Tor the use
and benefit of the United States, and declared
that the estate and jurisdiction conferred should
"be considered as q common fund OF all the
States, according 10 their usual respective pro-
portions in the general charge and expenditure.
and should be faithfully and bona fde disposed oil
for that PuaPose, and for no other purpose what
soever"
This language was adopted with reference 10
the then existing Articles of Confederation, un-
der which the States were charged with contri-
buttons for the support of the Federal Govern.
ment, which system was afterward 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 i'm
posts, and of direct taxation, according to repre-
sentative population. Certainly the terms OF
these grsnts were not intended to c0niine Con-
gress to a disposition of the lands by sale only:
Because, first, they express no such thing; and
because, secondly, the political Jurisdiction, as
well as the right of soil, were included In the de-
sieDation Of a common fund"
Again. it would be practically impossible, under
any system whatever, 10 secure eqrdt Der ehts
from the domain TO all the States II you seIthe
Lands in Ohio, you may divide the ayalis between
that State and all her sister States. but the land
will still remain yielding power aud wealth, di-
rectly to the State, forever; while the other
States can be only indirectly recipients oil such
benefits.
What was intended then, was simply this;
that whatever disposition Congress should make
Of the domain, should b. one purely national and
impartial IL seems to me 20 mean nothing core,
and the Constitution expresses that meaning
fully II, then, the adoption Of such principles as
| have discussed has become necessary, the poll
cy would then be a proper exercise Of the consti-
t1tional power, and would fall within its trust as
defined by the deeds Of cession.
Thisis subject of vast importance. ltresches
across the whole basis of the great Empire which
is rising on this Continent, and forward through
all he stages Of its elevation, and even oil It's de-
cline and fail, lift shall not be perpetual Posteri-
ty 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 so severe and so impair
tisl scrutiny.
Things in Philadelphia.
fo.-oanor co nf The Il lhnnA