The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1854-05-31

tablishment of the Constitution which
followed il !; bnt no right could ever
exist IN sny individual State to dis
pase ofihe land or other property be-
longing to the United States. Indeed,
rntil they became "ihe United States. )"
there cOuld be no such thing as the
possession Of property by them in that
political character.
Therefore. | think these preliminary
Difficulties suggested and throan out
In the message nlas be laid aside. The
po@er over the public damain. what,
ever il may be, is conferred by . dis
fiust proyiSionof the constitution. II
does not fall in with the enumeration
Of legislative powers contained in the
hrst article Of the Constitution which
relates to The orgaaizatiois and autho-
rity Of the legislative branch Of the
GoyerDment. It's power conferred
in Sle fourth article of the Constitution
Ia power conferred after the Consti.
tuition has made alIits general arrange
ments with respect 10 the legislative.
the executive. and the judicial branch.
es ~ the Government. La this fourth
artiSle, containing various miscelIane-
ovs provisions. in the second clause of
the third section. the Constitution gives
the power, whatever it is. in these
words:
The Congress shall have power to dispose
Of, asd make all neealul rules and regulations re-
specting the territory or other property belong.
ing TO the United States; and nothing 10 this
Constitution shall be soconsirucd as TO prejudice
sny elaims Of the United States, or Of any par
ticular State
The last weds contain the only pro-
yisinn Of restriction. limitation, or qua.
llfication on power which was granted
BY the previous words Of that section.
What was meant by that qualification ?
We are told by Mr.. Madison, in the
Federalist, that what were referred to
by that provision, aud what rendered
that provision necessary. were certain
jealousies and questions in the States
respecting the western lands, to which,
as is well known. conflicting titles
were set up. Therefore. the only eff.
feet, meaning, or intent that can be
possibly assigned TO il is. that nothing
III this Constitution shall be so con-
strued as to prejudice any claims Of
any portion of territory then in the
possession Of the United States, or to
lands claimed by different States. and
thus to confne the whole operation of
this power to what was rightlully the
property of the United States as such.
Every word in that grant oi power
IS worthy of consideration. In the
first place, the subject matter is spok-
en- of as " the property Of the United
States" "l'he Congress shall have
power TO dispose of"-lcaving out the
words about making regulations, which
are in no way material to the present
inquiry. The Congress shall have
power 70 dispose of the territory or
other property belonging to the United
States" The Tertiary, therefore, is
treated as /" the property of the United
States" Ii is the largest word that
can be used to express dominion, own.
.ership. title. 1t is used in the appro>
pirate, legal signifcation, not as ex-
pressing merely the sabject.matter in
which any title is supposed to exist, but
the very title, dominion, right Of pas.
session, control, aud enjoyment in the
territory. 1t is as the property of
the United States" that The clause pro
sides for it.
Now, sir, the United States, thus
awning this territory, had what? Why,
they had, like every other owner, the
rightto dispose Of 1.-THE jas disponeaai
the essential attribute Of true owner.
ship, without which property in any
thing cannot, in proper sense, be said
to exist; for, in strictness, il there be
an owner who is competent to act, he
must have power to dispose Of what he
owns. This power was in the United
States in its fullest sense, as true and
absolute owners of the territory.
Now, what disposition have the Uni.
ted States made Of this, their proper
ty? They have granted to Congress
the power to dispoSe of il. The jas
dispoaenii, whatever it was that at.
taches to true ownership, and which
belonged to the United States in their
political capacity as the owners, is by
the United States, in their Constitu-
ton. devolved upon Congress, without
limitation of any kind whatever.
Is it not manifest, then, Mr.. Presi-
dent, that when the question arises
with regard to the power of Congress,
under the clause as it stands in the
Constitution, they who affirm that there
is any particular limitation upon this
powerof disposingare bound to show it,
The power is exclusive in Congress.
From the very nature Of the case, it
could not have been, and cannot be ex-
ercised by individual States. Itwould
therefore, be an absurdity to suppose
that IL could form any portion 0f the