New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-05-05

II has DO powers hut what conferred BY the tede
ri Constitution. This idea il not altogether original.
We have heard il suggested seversl times before ahl
sfa not now question IL eeDera soundness. We are
10 look ten 10 the Federal Constitution u zee WHAT
rover Congress las and may exercise over the Pnohe
land. That instrument defines it in all It's extent and
sf,es y, the Limitations to it, exercise. Let us see
what il is The only clause referring to the subject
in the Constitution il the third section Of the fourth
Article and A. quoted By the President is in the fol-
lowing terms:
"The Congress shall have power to dispo-e Of and
rote al ,,edfri 1es and regula lions respecting the Ter
rtorv and other properly belonging 10 the niicd sa'e'
Here i. the whole of it, This i. all there is in the
Constitution about the public snds This clause either
gives Congress control of them or does not. Here
are no inyoluton- of Phrase"logy no accommodations
10 ambiguity no proyisos and qualifications. 1t Is
I'll o. plain a. pike-s'af. He who runs may read.
.Coreress may dispose Of the public lands There
ere 10 Limitations whatever 10 the declaration. Inc
mode ind the time and the terms of doing 1t are LETT
10 congressional discretion. Al this seems to be pal
pable to every understanding.
Now where does the President find limitation OF
this power which forbids the grant for the insane
u is not in the Constituticn,-not a syllable any
where. He has to go outside of that instrument TO
make out bis case lie processes to find that limta-
ton in condition which Virginia affixed TO the lands
that State ceded to the old Confederation in 'ol 10
nav well be questioned. if that condition were az
tacLed to al the aIds acquired by the Government
Whether il would disquafy Congress from making the
appropriation in question. for if there ever was an
equal distribution of lands or the proceed. OF Their
.a!es among al he States. il is the contemplated
aud proposed by the bill now vetoed And II was to
secure thi, equality that Virginia affixed the condition
he did to her cesfon. Nevertheless, in this condl-
ion and ia tk- alone. does President Pierce profess
10 find a limitation of the express grant OF power
given in the Constitution to Congress TO dispose OF
the public lands IN such way that body shall deem
most fitting.
Now We beg TO ask whether any qualification IN
posed " Virginia Legislature OF - upon ces-
sion OF land then made 20 the United states' can
operate to limit the power or traminel the acon OF
Congress over territories acquired subsequently BY
purchase. and by wars and treaties with foreign
statcsl II is prepOsterous to suggest such ques-
ton. Yet upon 40 better foundation than that such a
qualification should operate, is based tie Veto IN
der consideration. II The Limitation applies to the
Virginia cession, ii applies to no other. II the hands
OF the Government are tied IN regard to the lands
taken rom the Old Dominion. it is not so IN regard to
the great body Of our territory and if there be- as
We do not admit there is. any bndrance TO the eXer-
cise Of the unrestricted authority OF the National
Government over It's now widespread and extensive
domain. in consequence Of presumed Irritation ii
the Virginia cc.f.on. we submit; that il is but proper
that tle lesser interest shall give way To the greater.
Ina.much as lut very small portion OF The lands
received by Tie Virginia Cosson are n0N IN the hands
Of tie Government end nasmuch as an immense do
main has since been added 10 our limits upon winch
no restriction exists we submit that il Is Is arrani IN
ah,urdty as ever entered into the brain OF Virginia
or South Carolina abstractolist 20 argue that the
tens Of that csssion should control the action OF
ConeICss in regard TO ali the rest OF its territories
Yet il tie doctrine substantially, Of the veto mes
sac And this is tie aud substance of the con-
stitutional argument Of that paper
As 10 tie suggestions OF the message that II Con
eress makes appropriations oi land ,or the INDECENT m
sane it will in process of time be- called on to IN he
appropriations money for the ndigcnt who are not
insfrc and thus tie National Government be con-
ycrod into ana sQency for tie discharge OF functions
properly belonging TO individuals or The state Govern
meuts We have SOY that they quite too loose aud
declamaory fer state paper. and belong 10 lyceum
discussion rather than 10 Presidential document.
The bill does not bear the remotest resemblance
10 proposition for an appropriation of money to sup
port the paupers. make the roads. t.! the criminals
or educate the children OF any State or OF all the
States And the suggestion Of the President that II
does il an aLsurdiiy. In what part Of the Constu-
ton must man look TO discover the fantcst shadow
Of authority for anything of this sort' No, sir. Pres
dent. Won talk eN.rayaeanty. The only question in
the Gaze is in regard to donation Of lands over which
Couercss hus sw3ys exercised supreme controls sell
ire tl,m at -. 81 or ~ cents acre. or giving
item away altogether in the n the swamp
lands" udiCrousiy termed in order That the
states might get for nothing OF the most value
+ BE land within their bolders,-heside making oil
manner Of grants Of them for al Of purposes at
al periods of cur history. Il is childish 70 institute
c,mpariscn If an act of this sort with the imaginary
cases the President suggests. If ten. Pierce can
not a. he says he cannot distinguish between dcna
ton Of land and appropriation of money for specific
puIosc Ike that proposed in this bill, almost any
body che cen. In the one there = plan constitu
tiona warrant for the aud in the other there
none We have IN impression that this constitutes
vel, marked difference.
The ,,cond consideration ajluced ly the President
is that the lands are pledged for national debt and
that they are mortgsged till it il discharged. We
never supposed, and We pro.Gme nobody el.e ever
uproed that in pedging tie proceed Of the safes OF
tie lsnds tie public creditors that Congress. were
rcluGushng in any degree their authority over them.
BE it remembered that the land. themselves no,
pledged hut only the proceeds of their sales. The
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