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

Nasts ~ SahHol DC hciu s1U}ett ~ Any
constitutional limitation. unless s8ch
an implied limitation as those or some
Of those which are mentioned by Mr..
Calhoun.
The. power being thus distin:t, ex-
elusive. express. unqualified. granted
in the largest terms 10 dispose Of with
out restriction or limitation. to give.
to sell. or 10 use, the property which
is the subject Of this grant. just as an
owner in fee simple used bis own es-
tate, where is the Limitation upon it /.
i am now speaking about the grant of
power by the Constitution. There ix
another view Of the subject of which I
shall speak presently Where Is the
limitations Where can YOU find re-
striction in this instruments There is
the provision unqualified. II the pow
er 10 make treaties be thus absolute,
and subject to no other than those me-
cessary and inevitable restrictions sug.
gested by MFR. t'alhoun. how does it
happen that the power to dispose Of the
public lands. granted IN equally broad
terms, is not co-extensise in its large
ness with the treaty making powerf
As Mr.. Calhoun argues. this is an ex-
press grant of an exclusive power;
therefore. all the treaty making power
is in the President. by and with the
advice and consent Of the Senate.
Whatever may be done by treaty may
be done by the President. by and with
the advice and consent of the Senate,
unless it is. among other things, to ex>
ercise power which the Constitution
inhibited to the Government or any Of
its branches. or where a thing is au-
thorized to be done in particular man
ner and prohibited ia any other, or
where the power is sought TO be. used
for the purpose Of destroying or alter
ing the Constitution. Where, then,
are there any limitations upon this pow.
er over the lands? lfthe United States
Of America, as political soyereignty,
own property, they undoubtedly have
power to sell or otherwise dispose OF il,
to sell it for whatsoever they please,
and to give it to whomsoever they
please. Well. whatever their pnwer-
was. they have desoised IIsapon Cons
gress in express, unmistakable terms.
This, sir, has been the opinion not
only Of statesmen, but of sound and
enlightened jurists. Mr.. Justice Sto-
ry, in his work upon the Constitution.
says:
The power Of Congress over the public ter
STORY Is clearly exclusive aud unisersal; and
their legislation Is subject to no control, bu, il
absolute aud unlimited, unless no fur as il il az
fccied by stipulations in the cession, or ~ tho
ordinance OF i7s7, under which any part Of il
has been settled. ."-Seclion l,31S.
Such Mr.. President, seems to have
been the opinion of General Jackson.
In his message to Congress at the com
mencement Of the session of 1892 you
will find this language:
Among the interests which merit the confiJ.
Grafton Of Congress, after the payment ol tho pub
lie debt, one Of the most important, in my view.
is that of the public lands. Previous to the for.
nation Of our present Constitution, II was recon.
mended by Congress that d portion Of the wasto
lands owned by the States should DO csded 10 the
United States, for the purposes of general harmo.
ny, aud a. fund TO meet the expenses Of the
war. The recommendation was adopted; and.
al different periods of time, the States Of Masses
chusetts, New York, Virginia, North and South
Carolina, and Georgia, granted their vacant :, il
for the uses for which they had been asked. As
the lands may now be considered as relieved ffnm
this pledge. the object for which they were ce.'e,i
having been accomplished, il Is in the discretion
Of Congress TO dispose Of them in such way az
best TO condGce to the quiet, harmony, and gene
raj interest of the American people. In eramin.
ing this question. sll local and sectional feelings
should he discarded. and the whole United States
regarded as one people, interested alike in the
prosperity of their common country"
Surely it is impossible to express the
power in more large and comprehen>
sive terms. Beyond all doubt, Mr..
President, Congress is bound, in the
exercise of every power, and the Pre-.
sident in making treaties is bound in
the exercise of that power, constantly
to bear in mind the purpose for which
this Constitution was formed, as set
outin the preamble; and all these pow
ers, however absolute in the form of
the grant, and however absolute in
point Of fact they may bel mean as
to the naked power--are always to be
used, and can only be rightfully used,
for the purpose Of accomplishing the
great ends. or some of them, Of estab.
fishing justice, insuring domestic tran
guilty, providing for the common de-
fence. promoting the general welfare,
and securing the blessings Of liberty
which the Constitution. in its pream-
Bile, declares to have been the motive
70. its formation. Its so with every
power. Congress has power to declare
war; it is an unlimited power. IL
Congress should declare an unjust war
"a war Of mere aggression and pure
ambition. springing solely from lust
Of acquisitioa and power--howeyer the
motives nj r. Nporess tniuht hc ouact,.0