The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-24


especially protesting to belong to the straghte
sect strict construconst maintain that the power of
Congress the public land discretionary absolute
and unlimited save by the positive prohibitions of the
constitution No one believe, believes that the
public land belongs to Congress the federal government
IL property. ID is bui the agent or trustee OF the
United States IL holds the territory public land in
for their common and benefit and make dispo
son Of il not warranted by the letter spirit Of its
charter preudieia to the interest of the United States
or either OF them TO give away property Ia to transfer it
TO another without equivalent compensation. Such
power property is absolute limited the power of
the owner and not of his servant Such power is rrecoR
cable with the general character of trust estate because
adverse to the interest of the beneficiary Such power Is
not conferred trustees in any other than precise and
positive language and never inferred from doubtful
biguous terms
Hence if there other words in the clause to ex-
plain qualify the term dispose Of should under
stand as intended TO confer power to give away the ter
that negative this construction. The clause thus
Congress shall have power to dispose of and make all
needfn rules and regulations respecting the territory
other property Of the United States fby dispose
intended to give away, what rule regulation could be
needfn2 These words imply paue They show that some
system to be adopted some plan established in the dis
position Of the territory But surely il was never
tempated by the trainers of the constitution to invest Con-
gress with power TO make rules and regulations for giving
away the public lands If they had designed to confer
such absolute power the territory they would not
have deemed rules and regulations respecting it necessary
Again following territory, find the words or other
property Territory is uniformly understood TO signify
land and presume all will concede that the words
other property used in contradisncon to territory
and intended to embrace other species Of property than
land. Otherwise the words or other property not
merely tautologous but senseless and absurd The fra
mers OF the constitution certainly knewwha every
knowsthat property embraces money as well as land IN
short every kind of esaterea personal mixed Such
is not only its technical, but its popular import also If
then everything which may be called property
and may belong the United States Congress has the
power conferred in the clause and in the
language, which Isl to dispose OF, and make all needul
rules and regulations respecting, it. We have the same
power dispose of land whether wild or improved navy
yards docyards arsenals and forts the navy and
munitions of and the money of the United States.
power the public domain penary it is
the public money if we make gratuous donations of
one kind of property, may of all Others. III
distribute land, may money. The constitution was
framed with no purpose Of giving greater power overthe
public land than the public money Why should such
discrimination distinction have been made2 Why
should make it, What is the difference between dis
trbutng ten millions of dollars among the States and di
vding among them millions of of land worth
dollar per acre2 Why not distribute money if you
purchase land for distribution with the money! The land
was bought with money raised by taxaon it win sell for
money, and diminish taxation. The land is much
common federal fund the money. 1t will the
purposeo pay the debts and provide for the de-
fence and general welfare There is substantial differ
ence between taxing the people TO raise money for dstibu
ton and taxing them TO buy land for division among the
States between dividing land bought with their money
and money for which their land sold. The principle
and effect of both policies identical could vote
give away the public money TO the States ndvidu
ais with as little scrupe could vote to give them the
public land.
If the words dispose OF be fairly interpreted gic
array then 10 undenabe that the trainers Of
the constitution conferred Congress the power to give
away every species of public property the United States
might acquire unless il be shown that the words
other property were used synonymous with terri
tory, not embracing money. No asserts they
used TO express the thing with territory all adj
nit that both or and o denote something different from
territory land. But senators maintain that the
word property not intended money in other
words that Il means every sort OF estate that may be held
In tho nj tltppt xVpVl
property used in neither technical popular
in different from that Of lawmakers and law-ex
FOUNDERS photographers and the who speak the
English language. Credat Jadd1y 1peilat
How then, any senator conclude that Congress has
power to dispose Of money only for those purposes named
In the constitution but may dispose of land for other pu-
poses not named in that instrument THAT is in gratu-
donations to States individuals II because the
shtuton in conerring power territory does not spe
city the purpose 10 which II shall be applied Congress may
dispose OF 1t at discretion what other Limitation is there
its power the navy and army? The constitution
gives Congress power to provide and maintain navy and
TO raise and support armies without annexng 10 either
grant the end to which Il shall be employed Can IT, there
fore be maintained that Congress may give the public
ships TO the several States the material Of the army the
forts barracks and arsenas to individuals for private
almshouses or hospitas2
Again the section and sentence Of the constitution TO
which reference has been made defining the purposes
which money shall be applied Is rather limitation the
power Of taxation than Of disbursement and might be
transposed without altering is meaning TO read
Congress shall have power In order to pay the debts and
lay and collect taxes &c The purpose Of taxation no
less than Of money raised by TAXATION Is thus clearly de-
fined.
But taxation not the only mode Of raising money
contemplated by the trainers Of the constitution. In the
article and section is another clause comforting
power 10 borrow money the credit Of The United
States which is clear, distinct substantive and broad
as the power 10 dispose Of territory Yet who win pretend
that Congress has power to borrow money to distribute
among the States for the INDECENT insane or for any other
purpose not named In the constitution
btE t.g N1t
expected TO be raised The territory looked 20 for
revenue in aid and mitigation Of taxation The acts Of
ceson Of the several States the United States express
very clearly that idea they all signify that Il was be
fund for the and benefit Of the United States
in proportion TO the tax paid BY them the federal gov
crnment; Or in other words II 10 be sold and the
money proceeds applied as TO relieve each State Of its
proportion of taxation All conccde that this was one OF
the purposes for which the territory to be appropr-
ated II Ii intended 10 raise any from the sale
Of lands why should the constitution have conferred the
power 20 give away lands rather than money since giving
either would produce the effect in diminishing the
money fund and increasing taxation? Why empower
Congress 10 give the reDnEe but not the revenue
u mpeacng the wisdom Of the trainers Of the constt-
tion to suppose them guilty Of nything paradoxca
Independent of the constitution and deeds Of cession
there is IN the condition Of The country at the time those
instruments executed sufficient to satisfy my mind
that the territory regarded common fund.- TO the
Y amount of It's money value, transferred TO the United
states We were just Of eight years war in which
had been expended all could obtain at home abroad
4 eef hy borrowing taxation Federal and State treasu-
RES were exhausted the government bankrupt
sources were narrow and precarous and wereopprcssed
oy great ana growing debt Under such circumstances il
Noua nave been contrary 10 the instincts Of ordinary In
eres and The teachings Of enlightened conscience 20 have
empowered Congress 70 grant discretion the land fund
m oy present and most promising prospective Of