The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-20

principles which have controlled government in rea-
ton to the particular transactions He puts all down
naked gifts to the States and Territories in which the lands
located and then he suppoes and that he
has established the fact that the government has made
naked gifts and grants of these quantities Of
lands 10 the land States and Territories of the Union it
having been previously coneededas it is conceded by
a-that the public domain is the property and
the common fund Of all the States of the Union then he
concludes that they-that is the old Statesare entitled
to their share-corresponding sharen the distribution
because as he assumes for his logic the States
have had extensive grants gifts of lands therefore the
old States must have equal gifts. That is the argument
Now sir let us back and examine little this extraor
dnay statement oJdc and see what the land States and
Territories really have got as gifts.
have heretofore stated to the gentleman from New
York. and to the House, and now repeat and ask the
especial attention Of the Houso tho point that if there is
single fact in that report which be substantated
ask the gentleman who presented il to point it out As to
its will show enough Of them toconynce the House
Off character before have finished these remarks But
there Is redeeming truth in the report shall Indeed
be glad TO learn it, IN order TO do justice to hREcnte
let take up his statements in order and first his
constitutional argument He finds in the constitution
have already remarked, clause which authorizes the
general government to dispose of the public domain and
finding there clause in immediate connexion with it
placing limit upon the exercise Of that power he very
sagey arrives at the conclusion that there is no Limitation
upon it.
Why Mr.. Speaker is government of limited pow
ers, specified and enumerated in the organic law The
power and authority of the general government is dis
tncy marked out and defined But the gentleman from
New York having found clause giving to the general
domain and finding special clause limiting the exercise
of that particular power he therefore, by implicaton
sumes that the power and authority OF the government
this public domain is absolute and Unlimited and OF
course necessary consequent conclusion must also
conclude that the general character and authority OF the
general government ITSELF limited it otherwise is, is
changed to that extent and changed too solely by virtue
Of this particular causeby the authority to dispose OF the
public domain.
Sir is that the way lawyers construe organic laws As
sumng what the gentleman claims, that the general gov
ernment is the trustee the public domain, and as
sumng that in comforting upon that government the char
acter OF trustee the constitution made no SPECIFIC ima
tons does it necessarily follow that the government
necessarily therefore exercise unlimited that
public domain when exercise such power would be in
violation Of the limitations specially imposed upon the gen
era character of the itself in its formation
Why sir suppose incorporated body with limited fran
chses and specific powers set forth by the statute creating
itI say suppose the authority is conferred upon such
incorporation to act trustee certain tract OF land
for its disposal because specific limitations imposed
in comforting that authority does it necessarily follow that
the corporation therefore exercise powers with respect
to the lands in violation of the powers conferred upon the
corporation itself in its creations Would not the lima
tons upon y character as corporate body limit its pow
with reference to the discharge of its duties trustee
this tract of land In other words would it be
tended that corporate authority being specifically limited
by the statute creating it from the fact of its being made
trustee with regard to the disposition of particular
fund.- would thereby become in possession of powers
and above the general limitations imposed upon the corpo
ration ITSELF and in violation of the restraints imposed
upon its functions by the act which created it?
As have said the general government is Of limited
powers and the power conferred upon of disposng Of
the public domain given in the ordinary natural phrase
oogy. lti power of simple but absolute alienation
IL is power of positive unrestricted unlimited aiena
ton--but of alienation only What then Does it fol-
low therefore, that you may make application dis
position OF these lands Incompatible with the general char
acter of the government ITSELF defined and limited by
the constitution in other respects Though the power of
alienation be absolute and unlimited must il not be so
exercised to be in harmony with the general limitation
imposed the powers of the government by the consu
ton in other parts of that Instrument Must not all be
included together Must not all the parts Of the consu
ton be construed together2
But says the gentleman it may dispose of them by any
means or for any purpose for which 1t has power to e
late by sale or gift Exactly and here the gentleman
seemed TO have little glimmerng Of the law but il
merely flashed and vanished away forever II flashed upon
his vision but in instant fed. II may dispose Of them
by any means for any purpose with regard to which il
has power egislae but may not dispose of them for
any purpose in any other but that in which il
has power TO legisate The gentleman right in this
But notice the conclusion which he draws II may says
he dispose of them by any means for any purpose with
regard TO which IL has power to legslae 10 dispose of
them by sale otherwise And again. ask the attention
of the House to the conclusion which the gentleman has
drawn What is it ain fact says he, or in any
in which il deems proper Now there is conclusion
for you Congress has power TO dispose Of the public
lands for any purpose and by any means for which has
power to egsate and therefore IL has power TO do IL 10
any IL may think proper Why, sir has Congress
power to legslate any subject in any IL may
proper Because il may legsae according to the
and limitations prescribed by the constitution does
therefore follow that may legisafe in any il
may deem proper And yet absurd is the conclusion
Of The gentleman from New York derived from the prnc
pie which he enunciated in only the preceding line.
So much for his constitutional argument For myself
suppose that Congress has the power OF absolute alienation
the public lands but that il exercise il only for
the purposes within which its action is limited by the
ganic law.
Having disposed of the constitutional question and salts
bed himself that Congress may do just what il deems
proper with the public lands he then proceeds to show
now much land has been granted the States or public
buildings corporations, private claims saline and swamp
lands and goes to give the which he alleges
given to the enumerated States In this statement
grants to Territories in order to carry their govern
ments grants made under contracts with the States grants
made under purchases and sales TO individuals oil
glomerated together and charged up gransan by the
word grants the gentleman means naked gifts He
grants without consderaongrants without compensa-
ton to the government say that he has congomerated
them oil into Heterogeneous mass. And ii would be
well if the had stopped there's but he has gone be-
yond. let us look a his figures for First In
the list stands my own State To Ohio he says there have
been granted eight million eight hundred and eighty-hree
thousand six hundred and Of landat is
there has been granted to ser naked gift this guam
tty Of land.
Well sir when first these figures they struck me
somew hat familiar. thought that had them before
and turned TO the Commissioners report and there
found under the head Of reservations pretty much these
same marks. Now, 1 win explain TO the House exactly
what the gentleman calls grants This amount which he
has charged to Ohio will illustrate IL First there is oil
that portion Of the State of Ohio which the State Of Con-
necucut claimed and held and owned and Sold and the
uue TO which never in the general government Con-
neccut ceded TO the general the jurisdiction
over the territory but retained the proprctorshp of IT, and
he enre disposal Of the lands for her State pur-
poses Yet this territory embraced by the gentleman from
New YORK IN the grants to the State of Ohio Why, sir
the general government never held the title 10 nm acre of
Wen sr next Is the reservation made by the State Of