The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1854-07-12

follows:
| lhe Congress shall have power 4,
dispose OF, AMI make all needful rules ano
regulationsrespecting, the territory or 9th.
ter property belonging TO the United
states and nothing in this Constitution
shall be so constructed as to prejudice any
claims Of the United States, or ii any par.
ticular State"
MY Interpretation Of this section is, tha,
Congress has no power to dispose of the
Puolic lands IN any way that will not in,
sure TO the benefit Of all the States cvliec.
aresy, in as equal ratio as possible
and this general benefit 50 resulting from
each particular Legislative enactment. is
what understand to have been mean,
oy the trainers of the Constitution as the
general welfare"
Without this limitation of mower. and
the condition that the disposal by Con.
gress OF the common territory and" other
property OF the United States" shall not
De so constructed "as to prejudice any
claims of the United States, or of any par.
ticular State" the door for local internal
improvements, the widest and most ex.
travagant, is thrown wide open. and al
most resistless temptations offered to a
coalition of large States to enter it, to the
exhaustion Of all the pccuniary resources
OF the Government, and to the oppression
OF the smaller States. Unlimited acuui.
s'tions ot more territory, whether by con-
quests or purchase, would find Jealous adj.
vocates IN the very men who would pro
Jess TO be restrained by constitutional scr,,.
Piles, from putting their hands into the
Federal Treasury for the benefit of tbc,,
respective States.
This Interpretation Of the power Of Con.
gress over the public lands is corroborated
by the Language of every deed of cession
OF lands by the States TO the General Gov
ernnent. Virginia ceded her public
lands in 1884, under the conditions wLicl,
appear in the following extract from her
act of cession:
THAT all the lands within the terrific.
ry, rs ceded to the United States, and no,
reserved Tor, not appropriated to, any oI
ed Of in bounties to the officers and sol.
diers of the American army, shall be con-
sidercd as a common fund Jor tie use and
benefit of such ofMe United States as hape
become, or shall become, members NJ his
Con federation or Federal alliance of said
States, Virginia inclusive, aecording 10
their respective and usual proportions ia
The general eharge and expenditure, and
shau be faithfully and bona jfde disposed
OF Jor hat purpose, and for no other use
or purpose phatsoersr."
ln the same year, Massachusetts, relin-
qnished her lands to be disposed Of for
the common benefit of the United
States" "a
In 1856, Connecticut relinquished her
lands TO the United States for the COM
mon Use and benefit Of said States, Con.
necticut inclusive.
In 1887, South Carolina made n lib
eral cession to- the United States Of her
claims 10 land) for the common benefit
Of the Union"
In 1890, North Carolina ccdeJ her
vacant lands in the following words:
That all the lands intended to be ced.
ed, by virtue VI this act, to the United
States OF America, and not appropriated
as aforementioned, shall be considered
"s common fnnd, for the use and ben
etit OF tho United States Of America,
North Carolina inclusive, according to
their respective and usual proportion in
the general charge and expenditure, and
shall be faithfully disposed of for that
purpose, and for no other use whatsoey-
er."
Georgia ceded her lands in 1902 for
the same purpose and almost in idont-
ical language. a
IL Is said that the words " prejudice
any claim " Sec. 3, Art. 4 Of the Consti.
tution) have exclusive references to con-
tracts relative to their lands, which were
made by some Of the older States before
the adoption OF the Constitution. | can
not think 50 and il seems TO me. If this
construction is correct, that the restric-
tons IN the different deeds Of cession I" for
the common benefit" common fund. !"
general charge and expenditure" are
idle and silly. II the contract made by a
Siate relative to its vacant lands, prior 10
the adoption Of the Federal Constitution,
was then perfect, u required no support
from future Legislation, aud acquired none
from any restriction in decd Of cession.
IL on the other hand, the contract was
imperfect, and the State subsequently,
made perfect contract with the United
States. then the argument upon the mea-
ming Of the word riaiws tails 10 the ground.
IL y hardly supposable that State which
has been created cut Of territory lying
" between the Hudson and Mssississippi
rivers thsterritosy Of which was ceded
before the adoption ofthe Federal Consli-
tuition. would admit any claim TO her
soil which Massachusetts might now pro-
ducs.
In my judgmsnt Il is more reasonable
and Just TO conclude that the word
: claims " was used IN the seuse Of rsgi,
and h.at the trne meaning Of the entiro
cisuse ~ that ahe right II the United
HLAlna GnR..rnlnalll a lliAz.oan of iha r,..l.