Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-05-26
VOL XLvI1I, NO. WHOLE NO. 24s4.

need misinterpet it. II gives full
power TO Congress "to dispose of
the territory or other property be-
longing to the United States,' as, in
the exercise of a sound discretion
and with a due regard to the public
interest, it may think best. The
power is general and not limited in
disposing of the territory or public
lands to particular States or for par
ticular purposes. No more general
and comprehensive terms could have
been employed. The terms are as
absolute and unqualified as they are
unequivocal. They give the same
power over the disposition of the
territory as of the other property
belonging to the United States, and
recognise the territory as property
belonging to the United States
Under this grant of power Congress
may dispose of the public lands in
such manner, and for such purpose,
and i'll such quantities, for such pecn-
mary consideration or for any con-
sideration of public benefit, as it
may deem proper. Then, repeat
once more, that the disposal of the
public lands by Congress is not
question of power, but solely ques-
ton of policy, of propriety, of pub
lie utility as to the manner of their
disposal. The Constitution does
not undertake to prescribe the mode
or the object, or the extent, or the
consideration of your grants of the
public lands; that is all left with
Congress, to whom is committed The
right of disposal.
This is a sufficient answer to the
common objection suggested in the
message that Congress has no pow
er to give lands or money for elee-
mosynary or charitable purposes
that Congress cannot be made the
almoner of the Government bounty
or the dispenser Of public charities.
Or, if Congress has this power, it is
insisted that it ought not to be exer-
cised for such purposes that the
precedent would be dangerous; that
the example would be contagious
that if you give to one object you
must give to another; if you give
to the INDECENT insane you must give
to the poor and needy generally |;
and that applications will multiply
and be pressed upon Congress for all
manner of objects and purposes. But,
sir, it ought not to be forgotten that
these applications always have been
and always will be made. Not a
few Of them have received the favor
of Congress. The cases have
named are examples of this sort
The objection, however, is based up
on the assumption that Congress,
upon whom the Constitution confers
the jurisdiction, will not properly
discriminate between meritorlous
applications and those which are un-
worthy of favor ergo, Congress
has not the power. This is all there
is of this objection. Congress may
misjudge, and doubtless often does,
in relation to the object of its boun-
ty; but what other or safer deposit
tory of this power can you name
If Congress is less capable of dis
eliminating properly than the Presi-
dent would have been, for instance,
the only answer, the only answer
to be given is, that the trainers of
the Constitution made mistake in
confering upon it this power-the
power of disposing of the public
lands. The objection amounts to
this imputation, and nothing more.
Congress may abuse its trust, and
not less by failing to do what the
public interest demands-and for
which there is no corrective by the
veto-than by doing what is hostile
to the public interest. But in Meth
err case does it imply want of pow
er, although in both it may imply a
want of judgment.
Mr.. President, after Congress has
granted the very handsome outfit
of one hundred and twenty-three
millions of acres of the public do
main to part of the States and
Territories, and for almost every
imaginable purpose, and not one
acre to some Of the other States for
any purpose, it would seem to be
rather late in the day to deny the
expediency, the proprlety, or the
constitutionulity of granting the
comparatively small amount of ten
millions Of acres proposed in this
bill for equal distribution among all
the States, for an object which
commends itself to the favor and APP
probation Of every body.
The argument that the Govern
mcnt holds the public lands IN trust
and for the benefit Of all the States
does not at all initiate against the
authority of Congress 20 dispose OF
the lands in the manner proposed
by this bill, but the rather IN favor
of it, unless il be violation of the
trust to give back to the people a
portion of what actually belongs to
them, a portion of their own proper
ty. The people Of the United
States are the cestui que trust-the
party for whose benefit thetrustpro-
periy is held. When, therefore, the
trustee--the Federal Government
has so administered the trust pro-
perty, or when the trust property or