The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-25

shaii ho DC preudieed, nor the rights OF any separate
Stale peudiced by such disposal does not confer upor
II the same benefits which thus derived by the ohe
States OF the Union One thing is certain that North Car
DINA and Georgiawhich States ceded their vacant and
alter te adoption OF the conBtutonnever would hav,
ceded them had the construction which has since been
given to the third section (which construction makes Til,
power Congress the public lands ABSOLUTELY then OBJ
uiined ior Dir Madison who the ruling spirit Of hs
convention, has declared that Gin all the various amend
ments proposed by the States before the ratification Of the
constitution, and after, every one OF them proposed "a
limit ana not EXTEND the powers Of the general govern
ment"
But it may be said that this argument even if just does
not apply 10 territory acquired by purchase conquest
IL occurs 70 me that II applies with much force in
instance ~ the other What is the general government
but the agent of the States Of the Union? With whose
money has territory been purchased il with the money
OF the States by whom has the conquest Of territory
been made il not by the brave hearts and sturdy
the citizens OF all the States? Why then difference OF
nent over territory bought conquered? Where yon
better repair for instructions to the powers of Congress
over He fNsAc lands acquired in any manner thar the
deeS OF cession made about the time Of the adoption
Of the constitution to him who above all Others we
may regard its father? Now sir the only plausible
gnment-l plausible because it is specious than
correc-whch has been adduccd in support of the
consttutonay of the acts of Congress- whereby part
the common territory which this government trustee
holds os the benefit Of all the States has been
given to individual States to Incorporated companies
that the reserved sections at the price Of So so per acre.
will bring much money into the treasury, and
at early day under the impulse of enterprise thus os
this was the fact cannot perceive how it affects the
sttutional question. WEE E# .t
The argument ia based on the assumption that the gem
eal government is the proprietor of the public lands and
that In the character Of prudent proprietor it has the right
and that it is its duty to adopt any in regard to
its domain which will facilitate the sale of its 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 II to
that here is correct conclusion deduced from false prem
ises The government is not proprietor but trustee
holding lands for the States which created it. Proprieto
ship implies absolute controa feesimple title and, If
the government is the proprietor of the public lands its
power them and the proceeding from their
sales is unlimited and it donate either land money
to State, corporation, individual But as trus-
tee with the public lands and their proceeds
limited to the execution of other enumerated powers and
10 the carrying them into operation these dangers and
abuses avoided and the rights and interests of all the
States preserved In the language Of senator from Vir
gnia Mr. HUNTER the daily beauty of whose life adorns
intellectual endowment and scholarly atainments which
remind US OF the rgor Of Jefferson and the accomplish
mens of Writ "Giye this construction and you make the
whole system Of the constitution harmonious you bring
no two provisions into conflict Give il any other con-
scton and ycu destroy one part at the expense of the
othera '
prudent trustee however, may exercise wise dscre-
tion in the management of estate well proprie
tori and so far the application of the power in the bill
under consideration is concerned il is not material TO
views in what character may regard the general GOV
ernment Ii is not necessary to my purpose show that
the argument in reference TO the appreciation Of the value
OF the reserved sections is uniformly faacous, but
OF the appointed trustees of the States Of this Union hold
ing property of which the States the real owners and
which 1t incumbent upon me in part 10 manage for their
common good II becomes pxpper that should show by
statements takea from tue ports Of the Commissioners
the Land Office that increase OF the sales Of the public
lands is not always thus effected and that moreover ii is
sometimes losing speculation. In the year 1896 was
sold of tho public lands twenty million seyenyfou thou
sand eight hundred and seventy-one acres.