The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-11
Communicated.


sidered.
Being Sate-rights strict constructonlst OF
the constitutional propose TO consider the constitutions
ay OF these grants with reference to my political creed
and being citizen OF State in which the government
holds no land propose 10 consider The policy Of these
grants with reference the interests OF the old States as
well as the
Congress the creature of the constitutions and it
rightfully exercise power but such is expressly
authorized in the constitution or such necessary to
give effect TO the expressly authorized powers Conse-
queny, Congress has authority to engage in the con-
strucon of railroads. other works OF internal i'm
provement; nor TO engage IN manufacturing, mining,
merchandising, commerce, agriculture, any other thing
which is not authorized as above stated
The public lands whether coded by the States pur-
chased from others, fund TO the amount OF
their value i'll money, which belongs equally TO all the
States OF the Union and TO all the people Of all the States,
in proportion to the amount of the tax they pay TO the
federal government or, IN other words, it Is fund
which goes into the treasury and relieves the people OF all
the States from taxation according 10 the amount OF
money paid into the treasury from that source II is EVIL
dent, therefore, that any gill gratuity by Congress
which will diminish this common fund is equivalent to
lis market value akeh from the treasury and added TO the
taxes of the people,
In the States the relation OF the government TO the pub
lie land is only financial such will enable TO "dis-
pose OF them In the Territories IFS relation is not only
financial butt is "needfu to make some 'rules and reg.
ulatons" for The government OF society upon them until
they form States, and then Congress may admit them
into the Unont But, aside from that political equal
iy OF rights. which fundamental priHcple OF The
government the States have no common interest
which is n,rused Congress in the public lands,
Cept their and IN THIS tney nave
interest The lands ceded by Virginia and other States TO
the government TO be used common fund for
the benefit of all the States and all the lands purchased
and held by the government have been acquired by
the common treasure.
The relation OF Congress- then, TO the States of the
Union with reference to the public lands, is that OF
trustee agent OF property 10 be disposed OF with sole
reference It's money value which value is pledged
by the known intention OF the parties and the object OF
the trust TO common fund for the benefit OF all
the Staies-that is. 10 relieve them from taxation TO that
extent
1t will be seen in ar ssc. of the constitution, which
have quoted, that The power of Congress TO "dis
pose OF" the public land absolute and unqualified in the
letter of the constitution excep. by The language coupled
with the grant OF power, viz; "and nothing in this
stu,ion shall be construed TO prejudice any claims
OF the United States OF any particular State" What
ever may have been the immediate moving for
the insertion OF this restriction upon the power OF Gpn
gess, it certainly prohibits any disposition OF the pHc
lands which would do injustice TO any particular State,
or to the States in their united capacity, Being com.
fund, equivalent TO It's money value in the treas
ury and all The States have the interest IL il that
they have in a common fund derived from taxation
Having shown that Congress is an agent or trustee
for the protection and disposition OF the public lands
common fund belonging to all the States, with sole
reference TO their money value, the question arises
whether Congress has the constitutional authority to
grant alternate sections OF land upon condition that rail-
roads shall be constructed through the lands
The intention OF Congress, and the effect oil the grant
upon the common fund.- must determine the question
Congress- the agent trustee OF the States has fixed
price upon the public lands which they suppose 10 be
reasonable buI some OF these lands situated with
respect markets that they unsaeable and nearly
vaueless Now, II The object oil the uustthe realiza
lion of the money asked for the whole landcan be &C
compshed by grants OF alternate sections within given
distance IL is certainly not only proper, but is the duty
OF Congress to do so; aud the act violates principle
Of the constitution The grant OF alternate sections IN
this is not graiuy either in intention or effect
Congress receives valuable consideration IN the IN
creased value OF the remaining lands, which enables IT
10 realize the price fixed upon the whole, and thus faith
fully TO accomplish IT'S trust
But il is asked why may no, Congress construct rail
roads, and thus increase The value oil the lands We an
swer, that Congress has constitutional power 10 en-
gage in the construction OF railroads other works OF
internal improvement whilst has express authority TO
"dspose Of the public lands in any way that they may
deem best TO realize fund for the benefit OF all
the States, provided that they do act which violates
the spirit OF the constitution or defeats the object OF the
trust.
III valuable mines should be discovered on The public
lands, il would not be commended that government might
properly engage in the business of mining but If the
mines were 50 situated to be unstable, the govern
ment might properly permit miners TO work them, and
receive fair proportion OF the proceeds 10 this as in
the grant Of alternate sections in consideration OF the
construction OF railroads. The government, without dong
Unconstitutional act, performs the object OF the trust
by realizing the value OF the property Tor the benefit oil It's
principals,
cotton upon distant coast where u unstable,
though the government could properly send out
chnery and engage In the manufacture OF CLOTH yet II
might give part OF the cotton consideration for
bringing the remainder to market where lie value would
Constitution Of the United States, Art Sec The
Congress shall have power dispose Of and make all need
fall rules aud regulations respecting, the territory other
property belonging the United States aud nothing In
this shall be construed prejudice any
claims OF tho United States OF particular State,
Constitution Of the United Sfstes Art 4, Sec 3.'New
States may be admitted by the Congress Into this Union
ne
Rssoiped That the Incorporated Lands that may be
coded or reinauished the United States by any pHreu-
lar State, pursuant The me.daton Of Congress OF
the 9Th of September last shall be disposed Of for the com
mon benefit OF the United States, and : shall be
granted settled such times and under such regua.
lions shall hereafter be agreed on by the United States
in Congress assembled nine moro Of them tJouT-
nal OF Congress, Oct 10, 1880
The Of cesson by the State OF New YORK reces In
the preamble the opinion OF other States " that por-
ton OF and uucultiyeted territory within the Inn
It's of certain States ought to be appropriated ss common
the oession. with declaration thar IL = shall be and In
for the and benefit OF such OF the United States as
shall become members OF the federal alliance OF the said
States and for no other use o. purpose Whatever tbio-
ren " Duane Laws Y, s, vol !, y. 100
The cession Of the Virginia declares That al
the lands within the territory ceded 10 the United states
and reserved for appropriated TO any o. the before
pur pose disposed OF in bonnes 20 The o.
and soldiers OF the American army shall be considered
fund for the and benefit Of such oil the
United States have become, shall become, members
confederation federal alliance OF the said States,
Virginia inclusive according 70 their usual respective pro
portions IN general charge and expenditure and shall
be shoy and bona fss disposed of Tor that pprpose and
Cor no other purpose whatever" Qbid, p ~
In all the oessions made by the states the same object
apparent Massachusetts feinquished TO the United
States be disposed OF icr the common benefit OF the
same" Ubid, p. aS2)
Connecticut ceded to the United STATES IL Congress
,embcd for the common use aud bspe o. he said States
Connecticut inclusive" tIbid, p Rsp)
South Carolina ceded or the common oeheht OF me
Union" (bid, D. tsI H
1 - ~ 4~ .f,l