The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-05-27

| from the adoption oil the new TEST pu' no ue
= laratioh that, should it be adopted and
: candidate be nominated upon 1t, they woul
be obliged to enter their protest against such
nomination ut the ballot-box
On the one side, then, we have the Democ
racy of the North one portion openly sustain
ing the Compromise and Fugitive Law, an
other, opposed to their incorporation into tn
Party creed by the Baltimore Convention, Blu
understood as being willing to submit, should
it be oyerruled; while, ONT the other we have
the Democracy of the South, united in acqu
escence in the Compromise, united in the re.
solve to maintain the Fugitive Law, large
portion of it, at the same time, being pledged
to independent action, should the Convention
refuse to adopt the Finality test. On one
side, is exaction, on the other, concession on
one side, an imperative ultimatum, on the 9TH
er, Il cautious intimation: one section says, 81
giH, the other, "Oh, don't" Can the result
be doubtful! A few days will decide.
THE PUBLIC D0MAIN-THE HOMESTEAD BILL
The National Inteligencer which labored in
vain to prevent the passage of the Homestead
bill by the House, now appeals to the Senate
against what it styles an agrarian measure
In its issue of the 22d instant, appears long
editorial on the subject filled with such con.
siderations as are calculated to alarm the Con.
servatism of that body We shall notice its
main positions.
1t is to be regretted that the editor should
commence the argument by misstatement Of
the question.
In regard to the Public Domain he says,
two ideas seem TO prevail to a considerable
extent, which certainly have no foundation in
fact or in law first, that the States in which
the Public Lands lie, and particularly the new
States have some color of right to dispose Of
those within their respective limits and, Sec
ondly, that Congress may not only dispose of
them, as it has heretofore done, by way of pay
ment for military services, or for the purpose
of carrying into effect great public improve
ments-for the same objects in word as
those for which money may be appropriated
from the Treasury Of the United States--but
may give them aDay capriciously, or in order
to be relieved from care or importantly respect
ing them
Whatever ideas some may entertain in re-
spect to the peculiar rights Of the new States
we are not aware that anybody harbors the
idea that Congress may give atoay the Pubic
Domain eapriciottsly an order 10 be relieved
from care or importantly No such opinion
has ever been promulged or acted upon To
attribute it to the friends of the Homestead
bill is unjust; to make it an issue with them,
and argue it seriously, is simply absurd. The
idea which does prevail to considerable ex-
tent, and is likely to assume the form of a per-
authorize the appropriation, without cost but
on certain conditions, of limited portions of the
Public Domain, to actual settlers, and that this
power should be used, not capriciously," but
reasonably, not to get rid of care and i'm
portunity,p but for the benefit of the People
whom it represents.
The question is, Has Congress this power,
and should It be exercised.
This question is not fairly met by the Intel
hgencer in the whole of its long article In
| regard to the poger it does not directly deny
its existence but it seems to adopt the views
of Mr.. Fuller, of Maine, from whose speech
in the House it quotes column of extracts, to
show how the Public Domain was acquired,
and what was the intention of the States
making particular cessions. The following ex-
tract sums up Mr'Fuller's views upon the sub
ject, and are endorsed by the Intelligence.
These conyeyances are in terms perpetual
no change in the destination of the funds arts.
ing from their disposal is contemplated, II is
for the payment of no particular debt, to which
they stand pledged, but for the common bene.
fiji, common use, of the United States, so long
as charge remains upon the Treasury. These
donors or grantors, for the purpose of prevent
ing themselves at any future day from being
deprived Of their share or proportion, and to
clinch the nail, 80 far as confidence could be
reposed in the integrity of man. added the
words, TO be faithfully and bona fA applied
for that purpose, and for no other use or purpos.
whatsoever Such, sir, is the language of the
deeds under which you hold your title in trust
which trust appears on their face
The Intelhgen0r must know that no matter
how the Public Domain was acquired, whether
by conquest, treaty, or the cession Of particula,
States no matter what may have been the in
tention of the States making the cessions; ne
matter what restrictions they imposed, or di
reotions prescribed in the deeds of cession, tn,
power Of the United States over it is conferred
defined, and limited, alone by the Federal Con
stitution, That is the charter of the powers O
Congress-that its supreme law 1t can hav,
no power not conferred by that instrument
and in the exercise Of u constitutional power
can recognise no direction or restriction not
imposed by it,
On the question, then, Of power, our appeal
is to the Constitution of the Uuited States
which decides it peremptorily, without leaving
room for doubt or evasion.
Congress shall have power to dispose OF and
make all needfal rules and regulations respect.
ing the territory or other property belonging
to the United States ART. iv, Sec, IA.
The Homestead Bill proposes to authorize
every person, being the head Of family, who
is a citizen of the United States, or has given
noticeof his intention TO become SUCH 10 set
tie upon limited portion Of the public do
main and after FIVE years actual residence and
cultivation, to acquire title to it free of cost
In passing this bill, the House Of Representa-