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


derived by the other States of the Union
One thing is certain, that North Carolina
and Georgia, which States ceded their va
cant lands after the adoptit of the Con.
st'tutlon, never would have ceded them.
mad the construction which has since been
gwen to the third section (which construc.
t,on makes the power of Congress over
the public lands absolutely then obtained
ior Mr.. Madison, who WAS the ruling spir-
1t OF the convention, has declared that
IN all the various amendment proposed
6y the States befoie the ratification of the
Constitution, and after, every one Of them
proposed to limit, and not extend, the pow
or OF the General Government"
But II may be said that this argument.
even II just, does notappIy to territory ac-
CURED by purchase or conquest. 1t oc-
ours to me that it applies with as much
force IN one instance rs the other. What
Is the General Government but the agent
OF the States Of the Union! With whose
money has territory been purchased, if
not with the mouey Of the States Bv
whom has the conquest Of territory been
made, if not 10y the brave hearts and stur-
dy arms of the citizens Of all the States
why, then, difference Of tenure, or a
more unlimited power by the General
Government over territory bought or con-
queredi Where can you better repair
for instructions as to the powers of Con
gress over the public lands, acquired in
any manner, than to the deeds of cession.
made at or about the time of the adop-
ton Of the Constitut on, or 10 him who.
abov1 all others, we may regard as its
fatheri Now, sir, the Only plausible ar
gument-l say plausible, because it is
more specious than correct-which has
ever been adduced in support of the con-
stitutionality of the acts of Congress,
whereby part Of tue common territory
which this Government, as a trustee.
holds, "for the common benefit Of all the
States" has been given to individual
States, or to Incorporated companies, is.
that the reserved sections, at the price of
iiGito' Che common Treasury, and at an ear
lier day, under the impulse of enterprise
thus fostered, as if the whole were sold at
81 20 per acre. Even IL this was the
fact, cannot perceive how it affects the
constitutional question.
The argument is based on the assump-
ton that the General Government is the
proprietor Of the public lands, and that
IN the character OF a prudent proprietor,
has the right, and that it is it's duty to
dopt aany measure in regard to its do
main which will facilitate the sale OF its
surplus lands, aud bring in the treasury
the precise amount Of money had all the
lands been sold ut the price prescribed
by law. IL seeems to me that here il a
correct conclusion deJuced from false
premises. The Government is not pro-
pritor, but trustee, holding lands for the
States which created it. Proprietorship
implies absolute control--a fee-simple
title; and ii the government is the pro-
proprietor Of the public lands, It's power
over them and over The money proceeding
from their sales is unlimited; and il NAV
donate ether land or money to State,
a corporation or an individual. But as a
trustee, with a power over the the public
lands and their proceeds, limited to the
execution Of other enumerated powers.
and to the carrying them into operation,
these dangers and abuses are avoided.
and the rights aud interests Of all the
States preserved. In the language of
Senator from Virginia, [Mr. hunter.l the
daily beauty Of whose life adorns intel.
lectual endowment and scholarly attain
ments which remind US Of the vigor of
Jefferson and the accomplishments Of
Writ, "gise this construction and YOU
make the whole system Of the Constitu
tIon harmonious; you bring no two pro-
visions into conflict. Give il any other
construction and you destroy one part at
the expense Of the other"
A prudent trustee, however, NAV exer.
cIse wise discretion in the management
Of an estate, as we'll as q proprietor; and
so Gar rs the Application OF the power in
the bill under consideration is concerned
IL is not materia! to my views in wha,
character we may regard the General Co
yernment. 1t 10 not necessary 10 INV
purpose to show that the argument IN
reference to the appreciation OF the value,
OF the reserved sections is uniformly falla.
cions; but, as one oftbe appointed ,ruste q.
trustees OF the States Of this Union. hold
ing property Of which the States are
the real owners, and which it is incum
bent upon, mo in part, to manage for
their common good it becomes proper
that ! should show, by statements taken
from the reports Of the Commissioners
Of the Land Office, that an increase of the
sales Of the public lands is not always
thus effected; and that moreover, II is
sometimes = loosing speculation. In the
year 1880, was sold Of the public lands,
twenty million, seventy-tour thousand,
eight hundred and seyenty-One acrs.
In ls4l 1,I64,796
1912 1,I29,217
l643 1905. .264
1874 l,754,763
le45 l,s43 .527
Ie49 2,262 TAI
a