Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-09-16

since been given to the third section (which construction
the Of Congress over the public lands absO
spirit Of the Convention, has declared that sin all thu
various amendments proposed by the States before thu
ratification Of the Constitution, and after every
them proposed to limit and not extend, the powers
the General Government.
But it may be said that this argument even IL Just
does not apply to territory acquired by purchase
quest occurs to me that applies with much force
in one instance the other What is the General Gov
eminent but the agent of the States Of the Unon with
whose money has territory been purchased if with
the money of the States By whom has the conquest Of
territory been made if by the brave hearts and sturdy
arms OF the citizens of all the States? Why, then DIFF
ference OF tenure unlimited power by the Gen.
eral Government territory bought conquered
where can you better repair for instructions as to the
powers OF Congress the public lands acquired In
manner THAI to the deeds of cesson made at or about
the time of the adoption of the Constitution to him
who above all Others may regard as its father! Now
sir the only plausible argument say plausible because
1T is specious than corrcct-wbich has ever been
adduced in support Of the consttutonaty of the acts Of
Congress whereby part Of the territory which
this Government trustee holds " for the common
benefit Of oil the States" has been given to individual
States to incorporated companies is that the reserved
sections, at the price of $3.50 per acre. will bring as
much money into the Treasury and at an earlier
day. under the impulse of enterprise thus fostered rs
the whole were sold at per acre Even II this was
the fact cannot perceive how it affects the constu-
uonal question.
The argument is based the assumption that the
General Government is the proprietor of the public lands
and that in the character Of prudent proprietor has
the right and that is its duty to adopt any measure
in regard its domain which will facilitate the sale OF It's
surplus lands and bring into the Treasury the precise
amount of money that would have been realized had all
the lands been sold at the price prescribed by law
that here is correct conclusion deduced
from false promises The Government not proprietor,
but trustee holding lands for the States which created
it. Proprietorshp implies absolute control fee simple
title and If the Government is the proprietor OF the
public lands, its power them and over the money
proceeding from their sales is unlimited and it may do
either land money to State corporation, or
an individual. But as trustee with power over the
of other enumerated powers and to the carrying them
into operation these dangers and abuses are avoided
and the rights and interests Of all the States preserved
In the language of Senator from Virginia, MI HUM
TER the daily beauty Of whose life aderns intellectual
endowment and scholarly attanments which remind us
of the vigor of Jefferson and the accomplishments Of
Writ give this construction and you make the whole
system of the Constitution harmonious you bring no Two
provisions into conflict Give any other construction
and you destroy part the expense of the other
prudent trustee, however, may exercise wise dis
erection in the management Of an estate, as well as
proprietor and far the application OF the power IN
the bill under consideration is concerned IS not mate
rial to my views in what character we may regard the
General Government til not necessary to my purpose
to show that the argument in reference to the appreca
ton of the value Of the reserved sections is uniformly
aacious but as Of the appointed trustees OF the
States this Union holding property Of which the states
are the real owners and which is incumbent upon me
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 Oce that an
increase of the sales of the public lands is not always
thus effected and that, moreover, 1t is sometimes
loosing speculation In the year 1886 was SOLD OF the
public lands twenty million seventy four thousand eight
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