Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-04-24
THE HOMESTEAD BILL.

subject which engages at present the attention Of
Congress There are, to be sure other topics which
the discursive eloquence Of debaters has intro
duced, not strictly connected, or even collateral
but, whatever is said about matters and things in
general, or Presidentmaking in particular. still the
discussions touch the main issue, and plainly mani
fest disposition to "blot out" the National
Domain
If the public lands are disposed of by legal
enactments, in the ways indicated the grants will be
rreyocable, and the people may hereafter regret but
can never repair the error
Believing as we do, then, that this question in
wolves the deep and permanent interests of the
country, we trust to be excused if we depart from
our usual rule in regard to matters depending in
Congress, and offer some suggestions, more for the
purpose Of inviting calm and fixed attention to the
different projects exhibited than to urge any definite
schene Of our own.
Never had any nation SO rich, varied, and ex-
tended domain as belongs to the People of these
States, by just and ndefeasble title 1t may be
rendered available for all the purposes of our Fede
raj Union; and, if prudently managed might foster
and bless our free social institutions for ages to
come The objects to which it may be applied are
succinctly stated in the Preamble to the Constitu-
ton, and more at large in the eighth section, in
which the powersof Congressar are specifically defined.
Many particulars admit Of good deal of latitude in
the exploitation of them, and much scope is left to
the wise discretion of rulers We do not wish to
be strict constructionists with regard to them,
and will therefore, only suggest single rule, which,
we think, is obvious. The property of " the Peo-
pie of the United States" whether it is money in
the treasury or the public lands, cannot be right
fully used by those who govern our affairs, unless
it is done IN order to form more perfect Union,
establish justice, domestic trang,aity pro-
ride for the common Defence promote the general
acelare, and the blessings Of liberty to our
setces and oar postey" Every appropriation of the
public estate must have reference to the good of our
own citizens in their collective character, as const
tuting THE COUNTRY. This, in the view of the Con-
stitution, is the "geaeral we!fare;' and the lib
erty " contemplated is that of " ourselves and our
posterfty not that of all mankind. We may, as
indioiduals, indulge our sympathies for " down.
trodden peoples, and may give our money to pro-
mote the cause of freedom throughout the world
The separate States too may indulge if they please
in Legislative philanthropy and exhaust their fiscal
means in endeavoring to procure universal human
prouided that they enter into no
!" compact with a I" foreign Power" nor engage
in war" But the Federal Government is not al
lowed to 60 out woolgathering Its powers are
limited and restrained. Within their widest range
they cannot be construed to warrant an expenditure
of the public money to entertain an exile any more
than to relieve the wants of wandering Arab.
Feeling is rule Of action in the administration Of
our National affairs
If these restraining views of the constitutional
powers of Congress be correct, still there remains
ample for a wise and beneicent legislation in
the exercise Of the functions clearly granted We
say that the public property (and we see no diff.
ference between money and lands) may be disposed
of BY legal enactments, for every purpose expressed
in the charter, or fairly arising by implication from
its terms, in their common and popular acceptaton
AS we cannot traverse the whole ground of in
quiry, we wish, in few particulars, to illustrate
the opinions we entertain.
BY the second clause Of the third section, fourth
article Of the Constitution, declared that Con-
gress shall have power to dispose Of and make all
needful rules and regulations respecting the terri
: tory or other property belonging to the United
States" &c. 1t is not a question, therefore, of
mere competency, but of purpose; for the DISPOSE
ton Of the treasure or other estate of the nation,
unless for some object contemplated in the Charter,
would be violation of duty. For what uses, then,
may the public lands, or the ayas of them, be ap-
piled? This presents the precise issue we desire to
make and briefly to consider.
The first clause Of the eighth section of the Con-
stltution authorizes Congress to "provide for the
common defence and general ,celtare Of the United
States" &c. This is the most indefinite and there.
fore the most comprehensive Of all the powers grant
ed; and, by lattudnarian construction, not guided
by other parts Of the instrument might be made to
cover the most lavish and wanton waste. Congress
can also CIRCULATE commerce with Foreign nations
and among the several States and with the Indian
tribes" &c. In specified mode, too, it may pro-
mote the progress of science and useful art" &C.
The first grant Of power referred to may in the
opinion Of some, be broad enough to include the diff
ferent projects now before Congress for the distri
button of the Public Lands; and if it be not there
is certainly none other that will We shall con6ne
remarks, therefore, at present to that particular
What, then, may Congress constitutionally do to
promote the general welfareY' We say, it may
enact sucb measures MS will best advance the intel