The independent press. (Abbeville C.H., S.C.) 1853-1860, 1854-07-01

Il II say plausible, because It is more specious
than .eoftect--which has ever been adduced in
support of tho econstitutionality of tho acts oi
/ Congress whereby partaoft the common terri
tory which this Governments, as a trustee; holds
'.for the common benefit of all the States" ha.
been given to individual States, or to incorpo-
rated companies is, that the reserved sections,
at the price of 81 80 per acre, will bring al
much money into the common greasury, and at
an earlier, day, under the impulse of enterprise
thus fostegods las if the wholefweresold at 81 26
per aere:yen if this was the hct 1 cannot
perceive h6wsit affects the constitutional ques.
| ton. ~
The arguments based on the assumption that
the General Government is the proprietor of
i the public lands, and that in the character Of a
prudent proprietor. has thesright, and that it is
its duty, to adopt any measure in regard to its
domain which will facilitate tho sale Of its sur
| plus lands and bring into the treasury the pre-
| else amount of money that would have been re:
allied had all the lands been sold at the price
prescribed by law. Itseems to me that here is
correct conclusion deduced from false prem
ises. The Government is mot q proprietor but
a trustee holding lands for tho states which
created it, Proprietorship implies absolute
control-a fee.simple title; and if the govern.
mcnt is the proprietor. of the public lands, its
power over them and over the money proceed
ing from their sales is unlimited; and it mhy
donate either land or money to State, ascor-
lpoAutiOuS VI iDuJ Q6 O Lfu6tee
with a poweroyer the public lands and their
proceeds limited to the execution Of other emu
merated powers, and to the carrying them into
operation. these dangers and abuses are avoid
ed, and the rights and interests of all the States
preserved. In the language of Senator from
Virginia, (Mr. Hunter) the daily beauty of
whose life adorns intellectual endowment and
scholarly attainments which remind us of the
yIgor OF Jefferson and the Accomplishments OF
Writ "give this construction, and you give tho
whole system Of the Constitution Harmonious;
you bring no two provisions into conflict Give
it any other construction; and you destroy one
part at the expense OF tho other" az p
prudent trustee however, may exercise q.
wise discretion in the management Of an estate.
as well as proprietor; and, so Tar as tie :ap.
plication of the power in the bill under consid.
Grafton is concerned, it is not material to my
views in what character we may regard the
General Government. 1t is not necessary to
my purpose to show that the argunentiin ref.
erence to the appreciation Of tho value, of the
reserved sections is uniformly fallaciols;; but,
as one of the appointed trustees of tie States
of this Union, holding property of which the
States are real owners and which it Is incum-
bont upon me, in part, to manage for their COM
mon good, 1t. becomes proper that I 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, it is
sometimes o losing speculation. In the year
1885, was sold of the public lands, twenty mil
lions seyenty.four thousand eight hundred
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