Weekly national intelligencer., 1854-04-08
MINORITY REPORT.

lie Lands dsnts from the arguments and conclusions Of
the foregoing report against granting lands to the
raj States for the benefit of the INDECENT nsane being Of
opinion that Congress has the authority to do this and
would act wisely and properly in applying portion Of
the public lands to humane and commendable pur-
pose The objections to it, as unconditional and ae1pe
asent are believed to be equally untenable.
. las TO THE POWER OF CONGRESS.
This is given express by the Sd section of art
Gle of the Constitution of the United States, viz:
The Congress shall have power d.pose of and make all
needfu rules and regulations respecting the territory and other
property of the United Staes and nothing in this contu-
on shall be construed to prejudice any claims of the
United States or Of any particular State" ... ...
More broad and comprehensive terms are not to be
found in the English language than those which
ployed to give this power to Congress. y.
Webster defines -" to dispose Of follows: "to part
with to alienate to sell to bestow; to give away; to
transfer by authority" E'. .. .:..
Iohnsons definition of the term TO dispose of is " to
part to apply to any purpose to transfer to any
other person put into the hands of to
give away to put Gway by any means" .,
The existence OF this power by Congress to dispose of
the public lands is conceded, and has always been
cised But seems be claimed that it is so limit
eu Cunsttutiuu prviiuit grant
that while the public lands may be consttutonally dis
posed of to certain portion Of the States, by grants
railroads and the like dispose of them for other pur
poses, or to the other States is unconstitutional that
they may be disposed Of for almost any ginary
sideraton, but cannot for purposes of great public in
terest. : .-s'. ,.<... ""
Those who assert and assume this-for it is mere as
serton and assumptionough least be able point
out the provision Of the Constitution containing the pro-
hibition.
1t does not touch this question to talk long learn
edy about this being Government Of limited powers,
and that each department should be confined to the
thory conferred. Here power is expressly given to
Congress- and the question is, whether it is general or
limited to particular class Of cases!
1t is insisted in reply to all objections of this kind,
that the right of Congress to dispose of the public lands
conferred by words of general and compre
hensive any that could have been used and without
limitation except that contained in the clause,
that nothing in this constitution shall be construed
as to prejudice any claims of the United States or Of
any particular State" ...# +..s"
To understand this restriction it should be borne in
mind that several of the old States including New York.
Virginia. Massachusetts, and Connecticut, had granted
and ceded the public lands claimed by them to the Unit
ed States before the adoption of the constitution North
Carolina, South Carolina and Georgia did so afterwards)
and it conditioned in these deeds of cesson that the
lands should be common fund for the and benefit
of all the States"
The restriction in the Constitution had reference to
this and was intended to enforce it. Its true meaning
is to direct that Congress, in disposng of the public
lands should have due regard to the rights of all the
States, and dispose of them their property
and for their common benefit. The grant proposed
to be made complies with this condition for it is gene
raj and just to all the States.
The power Of Congress to dispose of the public lands
is absolute and unqualified subject only to this restric
oD (which hos been regarded, and is in this
inapplicable 1t may dispose Of them by any means
any purpose in regard to which has power to legs
late, by sale gift; in fact in any manner it deems
| proper.
If this power exists at all asis admitted it is gene
raj and unlimited power Of disposal. Neither the
ner in which the purposes fer which the public
lands may be disposed Of are prescribed by the Constu
ssn 1t svas-a broad and general power, Except the
direction TO regard the claims of a the States IN its dis
posa For what purpose they should be granted is not
question Of power but Of sound policy This involves
80 10 80 fn aLa hn
grant, for that it clearly has, but into the expsdency
and proprety of making it for the purpose desired 1t
presumed Congress would dispose Of the lands in
proper manner, this power would not have been
trusted to it. 1t tcould not have been safely given to any
other department of the Government and It upon
the ground the right Of Congress to dispose of
other property belonging to the United States But how
Congress have the constitutional right to make grants
to of the States and not to the others! Or to
grant lands to build railroad q university, and not
insane asylum! Those who contend for any thing
absurd ought to give for it; yet has been
advanced
H-As TO PREcEDESTs AND PRACTICE.
Congress has exercised the power of granting away and
disposing OF the public lands since the establish
men ofhe Government and its acts have been approved
and sanctioned by the Executive and Judiciary Depart
ments under every President and in all the courts.
FOR more than nifty yearsunder the administrations Of
Jefferson Madison Monroe Adams Jackson Van Buren,
Tyler, Polk and Fllmore-Congress has been constantly
making grants OF the public lands for almost every
cevabe object and purpose All these acts have been
proved by the Presidents and sanctioned and held valid
and constitutional by the corrts and it was mover found
they were unconstitutional until now If any thine
be settled this power Of Congress must a this
day be so regarded.
Among the various purposes for which these grants
been made are the following For schools for seats
Of government for roads, for colleges for saines
public buildings for seminaries Of learning for river
proyements for universities for individuals for compa
MES for corporations, for private claims for military
services for internal improvements for canals for rail